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Resurfacing of Sound Avenue at the Western Town Limit
TOWN OF SOUTHOLD SUFFOLK COUNTY NEW YORK CONTRACT AND SPECIFICATIONS .ti FOR 41, RESURFACING OF SOUND AVENUE AT THE WESTERN TOWN LIMIT PROJECT NO. SOHT 81-01 TOWN BOARD Supervisor William R. Pell III Councilmen i Larry W. Murdock John J. Nickles Francis T. Murphy Joseph L. Townsend, Jr. Justice Raymond W. Edwards, Jr. SUPT. OF HIGHWAYS TOWN CLERK Raymond C. Dean Judith T. Terry SEPTEMBER 1982 M 1HZ4AHOLZMACHER,McLENDON andMURRELL,P.C. Consulting Engineers, Environmental Scientists and Planners M*lvll1e,N.Y. Farmingdale,N.Y. FVverhead,N.Y. 3 '-+ HOLZMACHER, McLENDON 6 MURRELL,P.C. CONSULTING ENGINEER.ENVW4WENTAL SCIENTISTS And KANNENS INDEX TOWN OF SOUTHOLD RESURFACING OF SOUND AVENUE ti AT THE WESTERN TOWN LIMIT PROJECT NO. SOHT 81-01 PAGE NO. INDEX I - 1 page NOTICE TO BIDDERS NB - 1 page INFORMATION FOR BIDDERS IB - 12 pages PROPOSAL P-A through P-D GENERAL CONDITIONS GC - 6 pages ITEM SECTION PAGE NO. NO. SECTION CODE NO. -- 0 General Specifications GS (11 pages) 1 5 5 Pavement Restoration & Replacement PRR (4 pages) 12 10 10 Maintenance & Protection of Traffic MPT (6 pages) 16 11 11 Tack Coat TC (2 pages) 22 12 12 Thermoplastic Pavement PM (5 pages) 24 Markings 14 14 Additional Excavation & Backfill AE&B (3 pages) 29 51 TL 51 TL Asphalt Concrete Truing & Leveling ACTL (1 page) 32 51 FZ 51 FZ Asphalt Concrete Type JA (Top Course) ACTC (1 page) 33 INDEMNITY, LIMITATION OF LIABILITY ILL - (1 page) -- CONTRACT C - (28 pages) -- h I-1 HOLZMACHER, MCLENDON 3 MURRELL,P.C. 00#4MT"ENGOMO .[NwMONNEMAL SUMM11 @M PL#A"EM NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN that SEALED BIDS will be received by the Town Clerk of the Town of Southold at the Town Hall, Main Road, Southold, New York, until 11:00 A.M . , prevailing time, on Thursday, September 30, 1982 at which time and place they will be publicly opened and read for the following contract: RESURFACING OF SOUND AVENUE AT THE WESTERN TOWN LIMIT Plans .and specifications may be obtained at the Town Hall and offices of the Consulting Engineers, HOLZMACHER, McLENDON & MURRELL, P.C. 209 West Main Street, Riverhead, New York, 11901, and Suite 140, 125 Baylis Road, Melville, New York, 11747, upon deposit of twenty-five ($25.00) for each set furnished. Deposits will be refunded to bidders who return the plans and spec- ifications within ten (10) days in good condition; other deposits will either be partially or not refunded if the Specifications have not been returned in good condition within thirty (30) days after bids have been opened. Each Proposal must be accompanied by a certified check or bid bond in the amount of five percent (5%) of the total bid, made payable to William R. Pell, III, Supervisor, Town of Southold, as set forth in the Information to Bidders. The Town reserves the right to reject any or all bids, to waive any informalities and to accept such alternate bid which, in the opinion of the Town Board, will be in the best interests of the Town. BY ORDER OF THE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK JUDITH T. TERRY, TOWN CLERK TOWN OF SOUTHOLD SOUTHOLD, NEW YORK 11971 DATED: SEPTEMBER 7, 1982 NB-1 HOLZMACHER, McLENDON 6 MURRELL,P.C. CO1MMMO EwON NN&ENV"K MM9WAL EpEWOYS r d R AW&M INFORMATION FOR BIDDERS BIDS FOR PROJECT The Town of Southold Will, receive SEALED PROPOSALS for Resurfacing of Sound Avenue at the Western Town Limit. TIME AND PLACE OF BID Bids are to be submitted in opaque envelopes and will be received by the Town of Southold at the Town Hall, Main Road, Southold, New York, not later than 11: 00 A.M. , Prevailing Time, Thursday, September 30, 1982 , at which time and place they will be publicly opened and read aloud. Use of the mails shall be at the Bidder' s own risk, and the Bidder shall be responsible for physical delivery of the Bid at the time and place set for opening of Bids. BID ENVELOPE All proposals and either the certified check or bid bond must be placed in a sealed envelope bearing the Bidder' s firm name and address marked, "Project No. SOHT 81-01, Proposal for Resurfacing Sound Avenue at The Western Town Limit, Town of Southold, Suffolk County, New York" , but otherwise unmarked. If mailed, this envelope shall be placed in another envelope addressed to Town Clerk Judith T. Terry, Town of Southold, Town Hall, Main Road, Southold, New York 11971. Use of the mails is at the Bidder' s risk. IB-1 MJCA M.H". Mcltnuvm d Munn, r.... / FIAM w. r. CONSULTING ETIGINEEAS AND ENVIRONMENTAL SCRNT1373 INFORMATION FOR BIDDERS (CONT'D. ) SPECIFICATION DEPOSITS (a) Deposits for specifications will be completely refunded to Bidders who return same in good condition within ten (10) days after r.-, eipt of bids. Bidders will receive one-half of the deposit amount fur specfications returned after ten (10) days and before thirty (30) days following the bid date. (b) Deposits for specifications will be completely refunded to non-bidders who return same in good condition within 48 hours of receipt of said specifications. Non-bidders will receive one-half the deposit amount for specifications returned in good condition within ten (10) days following the bid date. No deposit for specifica- tions will be refunded to non-bidders after ten (10) days following the bid date. IB-2 HOLZMACHER, MCLENDON&MURRELL,P.C. OOWMTWQ EMWMEEM.EMYMOMMEMTAI EOMMTMTE rN KAMMEM INFORMATION FOR BIDDERS (CONT' D. ) SPECIFICATIONS Complete sets. of specifications for the inspection of prospective bidders will be found on file with the Town Clerk, Town of Southold, Town Hall, Main Road, Southold, New York, and at the office of Holzmacher, McLendon & Murrell, P.C. Consulting Engineers, 209 West Main Street, Riverhead, New York, or Suite 140, 125 Baylis Road, Melville, New York. All contractors must leave their names, phone numbers and correct mailing addresses upon receipt of the specifications. VERBAL ANSWERS The Town, its .agents, servants•'or employees, or the Engineer, will notbe responsible in any manner for verbal answers to any in- quiries regarding the meaning of the contract specifications given prior to the awarding of the contract. EXAMINATION OF SITE Bidders must satisfy themselves by personal examination of the location of the proposed .work and of the actual conditions and require- ments of the work, and shall not, at any time after the submission of a proposal, dispute or complain of' such estimate or assert there was any misunderstanding in regard to the scope of work. The Contractor shall inspect the site and existing conditions be- fore submitting his bid. PROPOSAL The Form of Proposal contained herein shall be used in making out bids. Any proposal not in accordance with these instructions, or con- taining bids not asked .for, may be rejected. On those items in this contract for which there is a stated maximum and/or minimum allowable bid price, each bidder shall be responsible 47 for making sure that his bid falls within the stated limits. When the 2 price bid is lower than the minimum allowed, the bid price will be ad- justed upward to the minimum allowable price and when the price bid is higher than the maximum allowed, the bid price will be adjusted downward to the maximum. allowable price. SOHT IB-3 M2MACHER, mcLENDON 6 MURREUI P.C. / H2M CORP. C.ONOULTINO cmatHE[AG AND (xvIRONMEN7AL SaEWIM I NI:UItMAT I ON I:t)It BIDDERS (CONA" 1►. As the est imates 0f eluant i t ies cif i torus stated ill the prcipusa 1 are a{►proxin►ate only , bidders ar•e required to subn►it their prc►posat upon :Indi n the fo 1 lowing express Conditions , which sha 1 1 ,hilly and bccon►c a {,art of every propusa 1 received. • Fach bidder shall fill out , in ink , in 110th words and figilres , in the spaces Provided , hi , unit or lump Sun► hid , as the ca :e n►:ry be , for each item in Said 1:01-111of I'I'o{►osal for whiill lie is Submitting :I bid . No bid will be considered which docs nut include bids for all s- T items 1_11 tile lii�oposal ,---iiicluJr� time o�r.oi►1itetion . �— If the bid is not accepted by the Town within forty-five (45) days alter the receipth of bids , tile Obligation of the bidder under' this proposal u►ay terminate at hi.s option and he Shall there - pon he entitled to a refund of his ccrt. ificd check .0 release 0f u his bid bond furnished by him as security with Iris {,rpasal . l)I I) B0NI) Olt CIiR'I'1 1 I I:l► CIIGCK Each propOs:Il fron► a contractor ,hall be accunrpanied by a bid bond or certified check on a solvent hank of the State• of 14 e fork , in the amount of five percent ( 51, 1 of the total bid . Sticlilcick ofcSouthold, be iii-ride payable to William R. Pell III , Supervisor, Town York , and the an►uwtt thereof: steal 1 be the measure of 1 icluidated NewNew York , gcs which the Town will sustain by the f:lilure , neglect or refusal. danlof the bidder to execute arid deliver the contract , should the contract be awarded to him. Tile checks of all unsuccessful bidders will be turned L113011 the rejection of bids and the execution of" the contra rect reartiesalso , the check of the successful bidder will be ry the Cheepp upo ;; a execution of the contract and the furnishing of the the requ i red bond . NAP11: OF 11I DDIilt Each bidder imis t s t-I t e ill his proposa 1 , his I-1111 name and bus i - ncss address , and the full name of every person , firm or corporation interested in the sau►e ; and the address of every person Or fire► or president and secretary of every corporation interested with him. If 111-4 �y�/LJ,MnW"�Gn, MGLCJrNwV a MUnnLLiy r.k.. / #1&@" CONSULTING CNGINMS AND Wv1110NMWTAL SCIWTISTS INFORMATION FOR BIDDER (CONT ' D. ) no other person be so interested , lie must distinctly state that fact , also that his proposal is made without any connection directly or in- directly with any other bidder for the work particularly mentioned in 7 his proposal ; that it is in all respects without fraud or collusion, and that no person acting for or employed by the 'Town is directly or indirectly interested therein, or in the supplies of work to which it relates , or in any portion of the prospective profits thereof. QUALTFTCATIONS OF BIDDERS (l ) The Town reserves the right to waive any informalities in, or reject any and all bids . The Town reserves the rigl►t to re- ject any and all bids which do not conform to the proposals , or upon which the bidders do not comply with the requirements of the Town as to their qualifications . (2) All bidders must prove to the satisfaction of the Town that they are reputable , reliable and responsible , and that they pos- sess the necessary qualifications to successfully deliver the proposed equipment , and that they have performed and completed successfully similar work to an extent which , in the opinion of the Town , will qualify them by experience to perform the work which is proposed. (3) In determining the qualifications of a bidder, the Town will consider his record in the performance of any contracts entered into by him for the work contemplated or of similar nature may make such investigation as it deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the Town all such information and data for this purpose as the Town may request. (4) The Town shall be the sole judge of the qualifications of the _ bidders and of the merits thereof and reserves the right to reject any bid if the record of the bidder in the performance of contracts , payment of bills and meeting of obligations to subcontractors , material - men or employees is not satisfactory to the Town , or if the evidence submitted by or the investigation of such bidders fails to satisfy the Town that lie is pro-perly quaiified to carry out the obligations of the contract and to complete the work contemplated therein. GUARANTEE BOND The successful bidder shall be required to furnish at. the execu- tion of the contract an executed bond of a surety company authorized IR- S HOLZQ,MACHER, MCLENOON 6 MUNNtu. r.c. / mewl —mr- 00N3ULT1N0 p101NURS AND CMV1110NM01TAL *CICNTIAT1 INFORMATION FOR lit 1)1)IiIt (CONT. I)) to do business in the State of New York and approved by the '1'0►..n in aulo►ll►t of an amount equal °,►ntecne linndtodthe►'Town the cent t1f a i thfuleperf oru►ance of 1 the contract , 1,u b the contract , and payment of all claim~ for ulatc► iuls , labor ani wages in connection tl►erewith . r SIGNATURE Or CONTRACTOR may be awarded shall attend The bidder to whom a contract at the by ill office of the Town , -wwitlh thesur`theyd�teeof�lnot i.lficationl►by In e I of (10) days , Sunday exp p the acceptance of his proposal. , and there sign the contract in quadrub7i Cate for the work. sjl�lll be In case of f:►ilure to dodso, the bidaccompanying hi�ssproposaly having abandoned the same , sha11 be forfeited to the 'town , or the penalty of the bid bond shall be invoked. _CONTRACTOR' S INSURANCE work _ The contractor shall not continence any work Until he has obtained and had approved by the 'Town all of the insurance specified and required in the contract . l.,A1v1:R Or. IMMUNITY Attention of the bidder of tlieeStatedirected NcwtYorkthe andrequirements l'articular of the General Municipal Ir►w „ "IV:►ivcr of to Section 103: olonneral Page L►�g1ofl�tl eal haw contractding Immunity,, , as indicated ItESPONSIBII.ITY FOR BIDIT-R Attention is 1�erchY pat'ticularly directed to the provisions of loss the contract wi►erelby ti►e contractor will be 1esito'► �tetl ereofyduring or damage that may happen to ta►e material or any par its delivery ; and also whereby the atrials or workmanship l make tpelveany (12} defects or faults due to me months after its delivery, placement , and acceptance. R 111-6 CONOULTINa ElIOINE 4 AND ENVIRONMENTAL SCIETITIM INFORMATION FOR BIDDERS (CONT-D. ) In order to secure the performance of the covenant of the con- tractor, the Town shall retain the Guarantee Bond during the period of one (1) year from the date of the Engineer' s final certificate. Work is required to be completed to the satisfaction of the * Engineer and in :jubstantial accordance with the specifications hereunto annexed. TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK IB-7 State of New York Bureau of Public Work Department of Labor A, ; State Office Building Campus Albany, N.Y. 12240 CONTRACT REQUIREMENTS Each public work contract to which the State,a public benefit corporation,a municipal corporation or a commission is a party and which may involve the employment of laborers,workmen or mechanics,shall comply with the requirements of Article 8 of the New York State Labor Law: 1. No laborer, workman or mechanic in the employ of the contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by the contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week except in the extraordinary emergencies set forth in the Labor Law or where a dispensation is granted by the Industrial Commissioner. (See Section 220.2) 2. Each laborer,workman or mechanic employed by the contractor or subcontractor shall be paid not less than the prevailing rate of wages at the time the work is performed,and shall be paid or provided not less than the prevailing supplements at the time the work is'performed, as determined by the fiscal officer. If the prevailing rate of wages or the prevailing supplements change after the prevailing rate schedule is issued,each workman,laborer or mechanic shall be paid or provided not less than the new rates. (See Section 220.3) 3. The contractor and every subcontractor shall post in a prominent and accessible place at the work site a statement of the current wage rates and supplements specified by the contract for the various classes of mechanics,workmen or laborers. (See Section 220.3-a) 4. Apprentices must be registered,individually,under a bona fide program registered with the New York State Department of Labor. The allowable ratio of apprentices to journeymen in any craft classifica- tion shall not be greater than the ratio permitted to the contractor as to his work force on any job under the registered program. Any employee who is not registered as above, shall be paid the pre- vailing wage rate for the classification of work he actually performed. The contractor or subcontrac- tor will be required to furnish written evidence of the registration of his program and apprentices as well as of the appropriate ratios and wage rates for the area of construction, prior to using any apprentices on the contract work. (See Section 220.3-e) 5. (a) No contractor, subcontractor,nor any person acting on his behalf,shall by reason of race,creed, color, sex or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates.(See Section 220-e (a) ) (b) No contractor, subcontractor, nor any person acting on his behalf shall,in any manner,discrimi- nate against or intimidate any employee on account of race,creed,color,sex or national origin. (See Section 220-e (b) ) NOTE: The Human Rights Law also prohibits discrimination in employment because of age,disability or marital status. (c) There may be deducted from the amount payable to the contractor under the contract a penalty of five dollars for each calendar day during which such person was discriminated against or intim- idated in violation of the provisions of the contract. (See Section 220-e(c) ) (d) The contract may be cancelled or terminated by the State or municipality,and all moneys due or to become due thereunder may be forfeited, for a second or any subsequent violation of the terms or condition of the anti-discrimination sections of the contract. (See Section 220-e (d) ) (e) These provisions shall be limited to operations performed within the State of New York. (See Section 220-e(e) ) PW-3(5.80) IB-8 STATE OF NEN YORK DEPARTMENT OF LABOR BUREAU OF PUBLIC WORK STATE OFFICE BUILDING CAMPUS ALBANY, N. Y. 12240 Schedule Type-HVY / HWY 33 Date 07/08/81 Refer to: PREVAILING RATE CASE NO. T/O Southold PRC 8102905 NAS/SUF 01 to: William H. Spitz Location and Type of Project Holzmacher, McLendon & Murrell Resurfacing of Sound Ave. i 125 Baylis Road SOHT 81-01, T/O Southold Milville, NY Laurel , NY 11747 Suffolk County In response to your request, enclosed are schedules of the prevailing hourly wage rates and the prevailing hourly supplements for the above project, together with copies of the Notice of Contract Lei CPW-16) for your use. The schedules must be annexed to and form a part of the specifications for this project when it is advertised for bids. These schedules have been prepared and forwarded in accordance with Section 220 of the Labor Law, which provides that it shall be the duty of the fiscal officer to ascertain and determine the schedules of supplements to be provided and wages to be paid to workers, laborers and mechanics employed on public work projects, and to file such schedules with the department having jurisdiction. These wage rates and supplemental benefits are subject to change, and you will be periodically notified of such changes. The wage rates .and supplemental benefits to be paid and provided must be those prevailing at the time -the work Is being performed. Supplemental Benefits Legend used in the "other supplements" column of the Prevailing Rate Schedule: A. Health & Welfare ( includes hospital C. Supp. Unemployment Benefits I. Annuity Fund surgical or medical insurance or D. Scholarship Fund J. Benefit Fund benefits, life insurance or death E. Paid Holidays K. Security Savings benefits, accidental death or dis- F. Education Fund memberment insurance). G. Vacation L. Holiday Pay B.-Pension H. Apprentice Training M. Other • Very truly yours, Nicholas Valentine, Jr. DIRECTOR WHEN ANY PROJECT IS COMPLETED OR CANCELLED, NOTIFY THE NEAREST DISTRICT OFFICE OF THE BUREAU OF PUBLIC WORK. (see addresses below) State Office Bldg. Campus, Albany N. Y. 12240 65 Court St— Buffalo N. Y. 14202 155 Main Street West, Rochester N. Y. 14614 44 Hawley St. , Binghamton N. Y. 13901 175 Fulton Ave. , Hempstead N. Y. 11550 333 East Washington St— Syracuse N. Y. 13202 207 Genesee St. Utica N. Y. 13501 30 Glenn St. , White Plains N. Y. 10603 PW-200 (6-79) IB-9 PRCVAILING RATE SCHEDULE State of New York Case Number Bureau of Department of Labor Public Work 8102905 NASSAU AND SUFFOLK COUNTIES Prey- SUPPLEMENTAL BENEFIT PAYMENTS ailing OCCUPATIONS wage health basic and pen- suppl . other supplements hourly welfare sion unemp. rate (A) (B) (C) (D) through (M) CORE DRILLER Core Dri l ler 10. 60S 1. 00 . 74 a- 19 Helper 9. 24S 1. 00 . 74 G- 19 e ELECTRICIAN Electrician 15. 10 7%+. 35 5 1/2'/. . 25 G&L- 8 1/2%, H-S/8%, I-9'/., J-3'/. Appr. 1st term 6. 04 7%+. 35 5 1/2% . 2S G&L- 8 1/2%, H-5/8'/•, IRONWORKER Ironworker-Structural 12. 95 1. 86 2. 30 G-1. 8S, H-. 11, I-2. 1S Appr. 1st term 7. 28 1. 86 2. 30 G-1. 85, H-. 11, I-2. 15 Reinforcing-(Lather) 13. S4 1. 325 . 985 D-. 02, G-. 75, H-. O1, I-1. 10 Appr. 1st Term 3. 85 1. 32S .9a5 D-. 02, H-. 01 Ironworker-Ornamental 12. 62 1. 21 1. 55 G-1. 00, H-. 10, I-2. 00 -Chain Link 12. 62 1. 21 1. 55 G-1. 00, H-. 10, I-2. 00 Fence "Appr. 1st term 7. S7 1. 21 1. 55 G-1. 00, H-. 10, I-2. 00 MASON Bricklayer 12. 49 1. 33 1. 93 H-. 03, I-2. OS Appr. 1st term 6. 25 1. 33 1. 93 H-. 03, I-. 50 PAINTER Painter-Brush 10. 92 1. 04 1. 04 G- 33, 1- 71 Scaffold/Spray 13. 26 1. 26 1. 26 G-. 405, I-. 71 Appr. 1st term 6. 55 . 62 . 62 G-. 20, I-. 25 Nassau Co. CN of L. I. E. to Pt. Wash Blvd. , S. of Sunrise Hwy. E. to Long Beach Rd. ) ------------------------------ Pai nter-Brush 10. 82 1. 29 2. 30 G-. 70, H-. OS Appr. 1st term S. 41 1. 29 1. 1S G-. 35, H-. OS Scaffold/Spray 12. 37 1. 29 2. 30 G-. 70, H-. O5 Nassau Co. Remainder of County ------------------------------ Pai nter-Steel 14. 28 1. 86 2. 00 H- 07 Power Tool , Spray 15. 28 1. 99 2. 14 H-. 08 • Sandblaster(steel ) 15. 28 1. 99 2. 14 H-. 08 Appr. 1st term 7. 00 . 91 . 98 H- 035 Nassau Co. -Entire County .............................. Painter Brush 12- 39 3. 22 1. 00 G-. 50, H-. 21 Steel /Bridge 15. 30 3. 22 1. 00 G-. 50, H-. 21 Spray 13. 88 3. 22 1. 00 G-. SO, H-. 21 Appr. 1st term 6. 42 1. 97 1. 00 G-. 25, H-. 21 Suffolk Co. PLUMBER Plumber 13. 65 1. 00 2. 05 Appr. 1st term S. 46 . 60 1. 31 G-. 70, H-. 24. I-. 29 Suffolk Co. ------------------------------ Plumber ----------------------------- PIumber 12. 75 1. 10 1. 54 G-1. 10, H-. 2S Appr. 1st term S. 10 . 44 . 616 G-. 44, H-. 10 Nassau Co. TEAMSTER Truck Driver Excavation 10. 125 1. 6125 2. 852S 1- 40 Euclid 10. S25 1. 6125 2. 852S 1- 40 Other 9. 325 1. 6125 2. 50 WELDER Welder To be paid the rate of the mechanic performing the work OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY and BUILDING SCHEDULES Print 33 IB-10 PREVAILING RATE SCHEDULE State of New York Case Number Bureau of Department of Labor Public Work 8102905 NASSAU AND SUFFOLK COUNTIES Prev- SUPPLEMENTAL BENEFIT PAYMENTS ai 1 i ng OCCUPATIONS wage health basic and pen- suppl . other supplements hourly welfare Sion unemp. rate (A) (B) CC) (D) through CM) CARPENTER Carpenter CH/H) 13. 35 1. 85 1. 03 G-. 95. H-. OS, I-. 75 Helper 11. 1s 1. 8s 1. 03 G-. 95, H-. O5, I-. 7S Appr. 1st term 7. 34 1. 8s 1. 03 G-. 95, H-. O5, I-. 75 Nassau Co. (South of So. State Pkwy. & West of Seaford Creek) ------------------------------ Carpenter (H/H) 13. 40 1. S0 1. 49 G-. 95, H-. 06 I. Appr. 1st term 6. 70 1. 50 1. 49 G- 95, 1-1- 06 Nassau Co. Remainder of County CarpenterCH/H) 13. 4S 1. 33 1. 71 G-. 90. H-. 06 Appr. 1st term 6. 70 1. 33 1. 71 G-. 90, H-. 06 Suffolk Co. ------------------------------ Pi ledriver/Dockbui Ider 13. 25 1. 85 1. 03 Appr. 1st term 7. 34 1. 85 1. 03 G-1. 01. H-. 05. I-. 75 ------------------------------ T i mberman 12. 31 1. 85 1- 03 G-. 95, H-. O5, I-. 75 Helper 10. 80 1. 85 1; 03 G-. 95, H-. OS, I-. 75 ELECTRICIAN-HIGHWAY MAINTENANCE Applicable on traffic signals and street lighting only. Maint. Electrician 12. 30 8% 4 1/2'/. G & L-6 1/2%, I-7% H-5/8'/•, J-3% Appr. lst term 4. 57 8% 4 1/2% G & L-6 1/2%, I-7% H-5/8'/., J-3% LABORER(HVY/HWY) Laborer (H/H) Bas i c, Concrete, Jackhammer 8. 90 10 % 13 V. G-. 75 Pi pe layer, Land- Scape, Trackman 8. 90 10 '/. 13 V. G-. 7S Power Tool 8. 90 10 % 13 V. G- 75 Asphalt Raker, Form Setter 9. 50 10 % 13 % G-. 75 Asphalt Shoveler and Tamper 9. 30 10 % 13 % G- 75 MASON Cement Finisher 12. 60 2. 19 2. 02 H- 01 Appr. 1st term 6. 30 2. 19 2. 02 H-. 01 SIGN ERECTOR Sign Erector 11. 70 82 1. 11 H-. 02, I-. 43 M-Emp S. S. STRIPER Striping Mach. Oper 9. 90 . 59 . 70 G-7% Li nerman 10. 40 . 62 . 72 G-7% TREE TRIMMING Tree Trimmer 8. 43 . 34 . 2S 1st 6mo S. 51 . 34 . 25 Groundman, Dri ver 1st 6mo 6. 07 . 34 . 2S Driver 2nd 6mo S. 36 . 34 . 25 Dri ver after 1 yr. 6. 95 . 34 . 25 TREE REMOVAL & LANDSCAPING Landscape Laborer 13. 90 10'/. 13% G-. 75 Mulching Machine Oper. 11. 995 9% of 2. 25 G-1. 00, H-. 15, M-. 10 rate+vac. Stump Chipper Mach. 10. 97 9% of 2. 25 G-1. 00. H-. 15, M-. 10 rate+vac. Truck Driver 9. 32S 1. 6125 2. S0 WELL DRILLER " We I I Dri I 1 er 10. 55 8% 2. 2S G- 40 Helper- 8. SS 8% 2. 25 G-. 40 OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY SCHEDULES Print 33 IB-11 PREVAILING RATE SCHEDULE State of New York Case Number Bureau of Department of Labor Public Work 8102905 NASSAU AND SUFFOLK COUNTIES Prev- SUPPLEMENTAL BENEFIT PAYMENTS ailing OCCUPATIONS wage health basic and pen- suppl . other supplements hourly welfare cion unemp. rate (A) (B) (C) (D) through (M) SURVEY CREW (HIGHWAY & HEAVY) Party Chief 12. 16 . 90 . 70 F-. O5, G-. 70, I-1. 50 Instrument Man 10. 21 . 90 . 70 F- 05 G-. 70, I-1. 50 Rodman/Cheri nman 8. 91 . 90 . 70 F-. O5, G-. 70, I-l. 50 Survey Rates apply to those workmen employed on HIGHWAY and HEAVY contracts let on or after July 2, 1979 POWER EQUIPMENT OPERATOR (H/H) Asphalt Spreader 13. 18 9% of 2. 25 . 20 H-. 15. G-1. 00, M-. 10 Backhoe 13. 55 hourly Boring Machine 13. 12 rate + Bulldozer 12. 37 vac. Compressor-Single 11. 995 Compressor-2 or more In battery 12. 60 Concrete Pump 12. 64 Concrete Spreader 13. 18 Concrete Breaker 11. 28 Conveyor 12. 37 Crane 13. 18 Location, Effective Date and Dragline 13. 55 Supplemental Benefit Payments Finishing Machine 12. 37 are the same for all Power Equipment Fireman 12. 37 Operators. Generator 12. 29 Grade-All Oper. 13. 5s Grader 12. 585 Front End Loader 12. 905 Main*. Eng. 12. 37 Mulching Machine 11. 995 Oiler 10. 97 Piledriver 13. 55 Post Driver (Guard Rail ) 13. 12 Power Broom 11. 42S Pump (Under 4") 11. 995 Pump (Over 4") 12. 38 Ridge Cutter 11. 28 Roller - ST & Under 12. 37 Roller - Over 5 Ton 12. 72 Scraper 12. 37 Shovel 13. 55 Stump Chipper 10. 97 Tractor-Caterpilier or Wheel 10. 755 Track Tamper 10. 97 Trenching Machine 13. 395 OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY SCHEDULES • Print 33 IB-12 HOLZMACHER, MCLENDON &MURRELL. P.C. / H2M CORP. CONSULn"a E NGIMMS ANO (NVjWWMCWAI OCICNTISTS PROPOSAL - BIDDER'S DECLARATION TO THE TOWN BOARD of the TOWN OF SOUTHOLD, SUFFOLK COUNTY, STATE OF NEW YORK: M BIDDER'S DECLARATION: The undersigned, as Bidder, declares that the only person or persons interested in this Bid or Proposal as principal or principals is or are named herein and that no other person than herein named has any interest in this Proposal or in the Contract proposed to be taken; ,that this Bid or Proposal is made without any connection with any other person or persons making a Bid or Proposal for the same purpose; the Bid or Proposal is in all respects without fraud or collusion, that he has examined the site of the work', the Form of Contract and Specifications, and the Drawings therein referred to, and has read the Notice to Bidders, ' Information for Bidders and General Conditions hereto attached and fully understands all ' the same; that he proposes and agrees, if this Proposal is accepted, that he will contract with the TOWN BOARD of the TOWN OF SOUTHOLD.. in the Form of Contract accompanying this Bid, to perform all the work required in accordance with the Plans and as mentioned in said Form of Contract , Specifications, Notice to Bidders, Information for Bidders and General Conditions, and he will accept in full payment , therefore, the following sums to wit: 7/79 P-A RT HOLZMACHER, McLENDON 6 MURRELL.P.C. pONVATOW 100"IM.E/IyMONNlNfµ1piMiNti rNrtAMNEM PROPOSAL (CONT'D. ) RESURFACING OF SOUND AVENUE TOWN OF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK PROJECT NO. SOHT 81-01 BID DATE: SEPTEH3ER 30, 1982 ITEM 5A Remove temporary paving (by others) and replace with 135" binder course asphalt on 6" base course asphalt Approximately 210 square yards Price per SY --A6k .d? -U'= . ($r"; ) Dollars TOTALhv'"' w-1. .��.+- _J � , - . . . . Dollars ITEM 5A _(ALT) ** Remove temporary paving (by others) and replace with lh" binder course asphalt on y 6" base course asphalt Approximately 110 square yards Price per SY -r� :� . `�:' Dollars TOTAL Dollars ITEM 5B Remove existing deteriorated pavement & replace with lh" binder course asphalt on 6" base course asphalt Approximately 110 square yards • Price per SY Dollars TOTAL .t�'•'d Y: :° : t5: : 6."'... . . . . . . 6 Dollars 2 * Optional item that may not be awaxded by the Town. \ P-B 1 of 7 �. HOLZMACHER, MCLENDON 3 MURRELL,P.C. CONWLTMIO 080"EM.9"Wr W""TK SCOMTM"•WPLAMNEM PROPOSAL (CONT'D. ) RESURFACING OF SOUND AVENUE TOWN QF SOUTHOLD AT THE wESTERN TOWN LIMIT SOUTHOLD, NEW YORK PROJECT NO. SORT 81-01 BID DATE: SEPTIIKBER 30, 1982 ITEM 5B (ALT) ** Remove existing deteriorated. pavement & replace with 1V binder course asphalt on 6" base course asphalt Approximately 490 square yards Price per SX Dollars TOTAL • :`:~�. ". . ;,N.:�►•. .. . .:1- . . . Dollars ITEM 10 1 Maintenance and Protection of Traffic LUMP SUM • • . . .°.. . . . . . . . . . ($ 6 ) Dollars (Lump sum .id shah, be greater than or ec�uai to $1000._) ITEM 10 (ALT) ** Maintenance and Protection of Traffic LUMP SUM . . . . . . P? . . . . . . . . . . Dollars 6 (Lump sum bid shall be greater than or equal to $500. ) 2 ** Optional item that may not be awarded by the Town. P-B 2 of 7 HOLZMACHER, MCLENDON&MURRELL,P.C. CONGMTR4 EMO 204.aw"M WAI EdENTMTf..O KANMEII6 PROPOSAL (CONT'D. ) RESURFACING OF SOUND AVENUE TOWN OF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK PROJECT NO. SOHT 81-01 BID DATE: SEPTEMER 30, 1982 ITEM 11 Tack Coat Approximately 1300 gallons Price per GAL . . . . . . Dollars TOTAL .. :P" :". S�`'-:�`:"`. Dollars ITEM 1.1 (ALT) ** Tack Coat Approximately 700 gallons • Price per GAL c� . . . . . . ($U ) Dollars TOTAL .- . . . . . . . . . . ($ ) Dollars ITEM 12 Four-inch (4") wide Thermoplastic Reflectorized Pavement Markings Approximately 8500 linear feet Price per LF . . . . .-�� , Dollars TOTAL . . . . . . . . Dollars 6 2 ** Optional item that may not be awarded by the Town. P-B 3 of 7 HOLZMACHER. MCLENDON&MURRELL.P.C. CONlULTNIO ENOINElM lNWIIONYENTµlCIENMIl../NANNIM PROPOSAL (CONT'D. ) RESURFACING OF SOUND AVENUE TOWN OF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK PROJECT NO. SORT 81-01 BID DATE: SEPTEMM 30, 1982 ITEM 12 (ALT) ** Four-inch (4") wide Thermoplastic Reflectorized: Pavement Markings Approximately ,4500 linear feet Price per LF .�"'.t''� r:"-�' ($ puo ) Dollars TOTAL . . . . "': -A. �; o . Dollars ITEM 14A* Additional Excavation Approximately 5 cubic yards } Price per CY .tA-; 4-A.k`":" . . . . Dollars TOTAL . . . . . . .-! �'. el G": . . . . . . . . . . . ($s o" ) v Dollars (Unit Price shall be greater than or equal to $2.00, but shall not exceed $10. 00) ITEM 14B* Additional Backfill Approximately 15 cubic yards Price per CY . . . . . . . . ": . d - (s Dollars TOTAL . . . . . . "�: :�:`^r:ln� .`�,�t�, . �:`'`�:a": . . . . ($ Dollars • (Unit Price shall be greater than or equal to $2. 00, 6 but shall not exceed $10. 00) 2 r * **Contingency Item Optional item. that may not be awarded by the Town. P-B 4 of 7 ■ I� HOLZMACHER, MCLENDON&MURRELL.P.C. CpMEUli1N0 EMOMQEM.ENVMONYEMTµEGENiMT6.M KAMNEM PROPOSAL (CONT'D. ) RESURFACING OF SOUND AVENUE TOWN OF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK PROJECT NO. SOHT 81-01 BID DATE: SnnW41ER 30, 1982 1 ITEM 14C* Rock Excavation Approximately 5 cubic yards Price per CY 'F:"_. Dollars TOTAL . . . .. (s X50 ) . . . . . . . . Dollars (Unit Price shall be greater than or.,equal of. $3.00 , but shall not exceed $50.00) ITEM 51 TL Furnish & Place Truing & Leveling Asphalt Concrete as per SCDPW Specifications Approximately 1100 tons Price per TON _ ($ 1A0' ) Dollars TOTAL . . . . . . . . . '�v'�." Dollars ITEM 51 TL (ALT) ** Furnish &Place Truing & Leveling Asphalt Concrete as per SCDPW Specifications Approximately 800 ton`s, , Price per TON . . . . Dollars • TOTAL . . . `: o,� �,.,.. Jb. J.. .^ . . . . . . 6 Dollars 2 Contingency Item Optional item that may not be awarded by the Town. P-B 5 of 7 HOLZMACHER, MCLENDON d MURRELL.P.0 CONVATWO ENOINEEM.Iftwoww"T"EgEMTNT .M UIMMEM PROPOSAL (CONT'D. ) R,MWACING OF SOUND AVFNUE TOWN OF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK PROJECT NO. SORT 81-01 BID DATE: SEPTEMBER 30, 1982 ITEM 51 FZ Furnish & Place Wearing Course Asphalt Concrete for Resurfacing as per SCDPW Specifications Approximately 700 tons Price per TON -jt- . d;U:°': . ($LkZ ' ) Dollars TOTAL . . . . . : Dollars ITEM 51 FZ (ALT) ** Furnish & Place Wearing Course Asphalt Concrete for Resurfacing as per SCDPW Specifications Approximately 400 tons Price per TON . . � . . . . . . . . . . . . . ($Vs- ) Dollars TOTAL . .'". �I;hr,,,. :'i' -�..,..r . . v. ."-. Dollars .a 6 2 P-B 6 of 7 t12AHOLZMACHER, MCLENDON&MURRELL,P.0 CQft"TMQ E"GMEEM.IJWM WA*TAL W4006TS Md PIAWKM PROPOSAL (CONT' D. ) RESURFACING OF SOUND AVENUE TOWN OF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK PROJECT NO. SOHT 81-01 BID DATE: SEPTEMBER 30, 1982 TOTAL BASE BID (SUM OF ALL ITEMS EXCEPT 5A (ALT) , 5B (ALT) , 10 (ALT) , 11 (ALT) , 12 (ALT) , 51 TL (ALT) and 51 FZ (ALT) TOTAL r . . . . . . . . . . . . . . ($ 79g03 ' ) Dollars TOTAL ALTERNATE BID (SUM OF ALL ITEMS) TOTAL •c�`wZ . . . . . . . . . . . . . ($ ✓" Dollars Bids shall be based on normal seasonal working conditions without frost in the ground. It is anticipated that the Notice to Proceed will be given in October. COMPLETION DATE SHALL BE 45 CALENDAR DAYS AFTER THE NOTICE OF AWARD. LIQUIDATED DAMAGES SHALL BE $250.00 PER DAY. THE COMPLETION DATE SHALL BE CONSIDERED AS THE DATE WHEN THE PAVEMENT STRIPING OPERATIONS HAVE BEEN COMPLETED. FIRM NAM: 1 D POSILLICt3 INC. 100-BROAD HOLLOW RR FIRM ADDRESS: I N. Y. 11729 SIGNED BY: 1 TITLE: Donald C. O'Connor, Vice Pres. DATE: Q l Sol g.�. DAY, PHONE NO. 'S� �W�-►81a, 6 EVE. PHONE NO. A 2 P-B 7 of 7 HOLZMACHER, McLENDON 6 MURRELL, P.C. / H2M CORP. CONlULTINO ENOINUAS AND Offli10NMD "AL *C1ENT M PROPOSAL — (CONT'D. ) Enclose certified check or bid bond for five percent (5x) of the total bid, as stipulated in the foregoing Information for Bidders. The Bidder hereby agrees to enter into a contract within ten (10) days after due notice from the Town of Southold that the contract has been awarded to him and is ready for signature, such • notice to be given in writing within forty-five (45) days of the date of opening of the bids . And, the Bidder hereby further agrees that in the event of his failure or refusal to enter into a contract in accordance with this bid within ten (10) days after due notice from the said Town Board as given in accordance with the Information. for Bidders, and/or his failure to execute and deliver the bond for the full amount of the contract price as provided in said Information for Bidders, that t:he bidder's check which is herewith deposited with the Town shall, at the option of said Town, . become due and payable as ascertained and liquidated damages for such default, otherwise the said check shall be returned to the undersigned. The full name and residences of all persons and parties interested r in the foregoing bid as principals are as follows: NAME ADDRESS -• �1,. 22 ABBINGTON DRIVE �11D A. hsTi llco, NAM LLOYD HARBOR, N. Y. 11743 15 Beaux Arts Lane Joseph D. hsillico Jr., Ice Pres. Huntington,Bay, N. Y. 11743 33 Chatham Pace Charles A. Gargano V. Pres. Dix Hills, N. Y. 11746 2300 GLENN ROAD Donald C. O'Connor, Vice Pres. SOUTHOLD, N. Y. 11971 nospect Street— VIRGINIA reeV1RGINIA SEELEY, Sec,-Treas. Farmingdale, N.Y. 11735 NAME OF BIDDER• IQ PO.SILUM INN 300 BROAQ HOLLOW RD. BUSINESS ADDRESS OF BIDDER: FAFMtNt30iI L N Y 117x5 DATED AT: - Fov ^w �N-�I TH E3h DAY OF 8 Y P-C WXZMACHER. McIENOON & MURRELL. P.C. / H2M CORP. CDNlULnNO EN101NEER• AND ENVIRONMQ1TAt /CIDMSTS PROPOSAL - (CONT'D. ) NON-COLLUSIVE BIDDING CERTIFICATE By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, .and in the case of a joint bid, each party thereto certifies as to its own organization, under +� penalty of perjury, that to the best of knowledge and beliefs • 1 . The prices in this bid have been arrived at independently without collusion, consultation, communications, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; and 2. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor; and 3. No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition. • Dated: GC1'3a� i B y:. Si i 4-n ad n J, D. Posiliico ltlC. Donsid c. O'Connor, Vice Pres. This bidder cannot make the foregoing certification and a statement sighed by the bidder is attached setting forth in detail the reasons therefor: P-D HOLZMACHER. McLENDON 6 MURRELL. P.C. / H2M CORP. CONSULTING 04GINURS AND ENWRONMFNTAL SCIENTIST! GENERAL CONDITIONS 1. GENERAL CONDITIONS { A. The "General Conditions" are hereby made a part of this Specification and are attached herein. B. Where any article of the "General Conditions" is supplemented hereby, the provisions of such article shall remain in effect. All the supplemental provisions shall be considered as added thereto. Where any such article is amended, voided or superseded thereby, the provi- sions of such article not so specifically amended, voided or super- seded shall remain in effect. Work, materials, plant, labor and other requirements of the Gen- eral Conditions shall be furnished by the Contractor. No direct pay- ment shall be made for these General Conditions, and payment shall be deemed to be included in the contract price ` or various items of the entire contract. 2. CONTRACT DOCUMENTS The Contract Documents include, but are not limited to, the General Conditions, General Specifications, Detailed Specifications, Plans, Proposal Form, Contract and other sections as either cited on the index pages or actually included in the bound documents. Each section of the Contract Documents is intended to be comple- mentary to the other sections. It is intended that they include all items of labor and materials, and everything required and necessary to complete the work, even though some items of work or materials may not be particularly men- tioned in every section or may have been inadvertently omitted from . the Drawings or Specifications, or both. 3. APPROVAL OF SUBCONTRACTORS AND MATERIALS 6 1 Prior to commencing any work under this Contract, the Contractor shall submit to the Engineer, for approval, a list of all the sub- contractors and material suppliers he proposes to use for this Con- tract. No subcontractor or material supplier will be permitted to de- liver materials or perform any work on this Contract until he has been approved by the Engineer in writing. RT GC-1 HOLZMACHER. McLENDON 6 MURRELL. P.C. / H2M CORP. CONSULTING QIOINEERS AND UMRONMENTAL SCIENTISTS GENERAL CONDITIONS (CONT'D.) 4. INTERPRETATION OF DRAWINGS, ETC. A. In the event of discrepancies between the Drawings and the Specifications, the following order shall be given preference when • making interpretations: 1. Addenda (later dates to take precedence over earlier dates) 2. Drawings (schedules or notes to take precedence over other data shown on Drawings) 3. Detailed Specifications 4. General Specifications 5. General Conditions B. On all plans, drawings, etc. , the figure dimensions shall govern in the case of discrepancy between the scales and figures. C. The Contractor shall take no advantage of any error or • omission in the Plans, or of any discrepancy between the Plans and Specifications, and the Engineer shall make such corrections and interpretations as may be deemed necessary for the fulfillment of the intent of the Specifications and of the Plans as construed by him, and his decision shall be final. D. All work that may be called for in the Specifications and not shown on the Plans, or shown on the Plans and not called for in the Specifications, shall be furnished and executed by the Contractor as if designated by both. Should any work or material be required 6 which is not denoted in the Plans and Specifications, either directly 1 or indirectly, but which is, nevertheless, necessary for the proper carrying out of the intent thereof, it is understood and agreed that the same is implied and required, and that the Contractor shall per- form such work and furnish such materials as if they were completely delineated and described. 5. ADDITIONAL WORK Additional work, if required to be performed under this Contract, will be in accordance with the applicable paragraphs of the Contract. The Engineer shall be the sole judge as to whether such work was in- tended as part of the Contract or is in addition thereto. GC-2 RT HOLZMACHER. McLENDON &MURRELL. P.C. / H2M CORP. CONSULflNQ ENOINUAS MD ENVIRONMENTAL SCIU419TS GENERAL CONDITIONS (CONT'D. ) 6. OCCUPATIONAL SAFETY AND HEALTH ACT The Contractor shall meet all standards of the Occupational Safety and Health Act of 1970 and subsequent revision. This shall include, but not be limited to, the following areas: Sanitation, noise, radiation, gases, vapors, fumes, mists, dust, illumination, ventilation, protective equipment, fire protection, waste disposal, electrical hazards, scaffolds and ladders, floor holes . and wall openings, and heavy equipment . All specific require- ments of the Act shall be adhered to. 7. SAFETY PROVISIONS The Contractor shall take every precaution and shall provide such equipment and facilities as are necessary or required for the safety of his employees. In case of an accident, first aid shall be administered to any who may be injured in the progress of the work. . In addition, the Contractor shall also be prepared for the removal, to the hospital for treatment, of any employee either seriously in- jured or ill. 8. SANITARY REGULATIONS A. In addition to compliance with the Occupational Safety and Health Act, the Contractor shall erect and maintain necessary sani- tary conveniences for the use of employees on the work. Such con- veniences shall be properly secluded from observation, and their use shall be strictly enforced. Such sanitary conveniences shall be constructed in compliance with all laws, ordinances or regulations governing these facilities. The contents of the same shall be re- moved, with sufficient frequency to prevent nuisance, and disposed of to the satisfaction of the Engineer. B. The Contractor shall obey and enforce such other sanitary 6 regulations and orders and shall take such precautions against in- 1 fectious diseases as may be deemed necessary. In case any infectious diseases occur among his employees, he shall arrange for the immediate removal of the patient from the work and his isolation from all per- sons connected with the work. C. The building of shanties or other structures for housing the men, tools, machinery or supplies will be permitted only at approved places, and the sanitary condition of the grounds in and at such shanties or other structures must , at all times, be maintained in a satisfactory manner. RT GC-3 HOIZMACHER, MCLENDON 6 MURRELL. P.C. / H2M CORP. CONSULTING ENGINEERS AND ENWRONMENTAL SCIENTISTS GENERAL CONDITIONS (CONT'D.) 9. RESPONSIBILITY OF ENGINEER AND CONTRACTOR DURING CONSTRUCTION A. The Engineer is responsible solely for the general and/or detailed inspection of the work being performed. Such inspection will be periodic and strictly to assure conformance of the Contractor with the Plans and Specifications, such that the end product will conform to the Plans and Specifications. B. The Contractor is responsible for complete conformance to the Plans and Specifications, proper construction procedures; co- ordination with subcontractors, other contractors and utilities, and safe working conditions for his employees. 10. LABOR A. All contractors and subcontractors employed upon the work shall and will be required to conform to the Labor Laws of the State of New York and the various acts amendatory and supplementary there- to; and to all other laws, ordinances and legal requirements applicable thereto. - B. All labor shall be performed in the best and most workman- like 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. 11. CONTRACTOR' S REPRESENTATIVE The Contractor, in case of his absence from the work, shall have a competent representative or foreman present, who shall follow with- out delay all instructions of the Engineer or his assistants in the prosecution and completion of the work, in conformity with this Con- tract, and shall have full authority to supply labor and material immediately. The Contractor shall also have a competent representa- tive available to receive telephone messages and provide a reasonable 6 reply as soon as possible, but not later than twenty-four (24) hours. 1 RT GC-4 HOLZMACHER. McLENDON &MURRELL. P.C. / H2M CORP. CONswnmO ENGINEEn ANO ENVIRONMENTAL, SCIENTIST! GENERAL CONDITIONS (CONT'D.) 12. INCOMPETENT EMPLOYEES The Contractor shall employ only competent, skilled and faithful men to do the work. Upon request of the Engineer in writing, the Con- tractor shall suspend or discharge from the work any disobedient, dis- orderly or incompetent person or persons employed thereon, and will not again employ any person so suspended or discharged without the consent of the Engineer. This requirement shall not be made on the basis of any claim for compensation or damages against the Town or any of its officers or agents. 13. CLAIMS OR PROTESTS If the Contractor considers any work required of him to be out- side the requirements of the Contract, or considers any record or ruling of the Engineers or Inspectors as unfair, he shall ask for written instructions or decisions immediately, and then file a writ- ten protest with the Town against the same within five (5) days thereafter, or be considered as having accepted the record or ruling. 14. NOTIFICATION, INTERFERENCE AND INJURY TO UTILITIES A. The Contractor shall cooperate in every way with the Utility Companies. B. The Utility Companies shall be notified in accordance with Section 1918 of the Penal Law of the State of New York, entitled "Construction or Blasting near Pipes Conveying Combustible Gas," and with Article 20, Section 322-a of the New York State General Business Law. 6 C. All conduits, water mains and gas mains encountered in the 1 construction shall be properly and safely taken care of by the Con- tractor, who shall, upon encountering same, notify the public corpora- tion to whom they belong, in order that they may be changed in such a manner as not to interfere with the final construction. D. In case any damage shall result to any service pipe for water or gas, or any private or public sewer or conduit . by reason of negli- gence on the part of the Contractor, he shall, without delay and at his own expense, repair the same to the satisfaction of the Engineer, and in case such repairs are not made promptly or satisfactorily, the Town may have the repairs made by another Contractor or otherwise, and deduct the cost of same from any monies due or to become due the Con- tractor. RT GC-5 HOLZMACHER, MCLENDON 3 MURRELL. P.C. / H2M CORP. CDN3ULnNO MINELU AND tamRONMVffAL suarmm GENERAL CONDITIONS (CONT'D.) 15. INFRINGEMENT OF PATENTS The Contractor further agrees to hold himself responsible for any claims made against the District for any infringement of patents by the use of patented articles in any one phase of construction of the work and the completion of same, or any process connected with the work agreed to be performed under this Contract, or of any materials used upon the said work and to save harmless and indemnify the Town from all costs, expenses and damages which the Town shall be obliged to pay by reason of any infringement of patents used .in the construc- tion and completion of the work. 16. DAMAGES All damage, direct or indirect, of whatever nature resulting from either the performance of, or resulting to the work under, this Con- tract during its progress from whatever cause, shall be borne and sus- tained by the Contractor, and all work shall be solely at his risk until the date of the final certificate. 17. GUARANTEE WARRANTY This Contractor shall guarantee and warrant his work and that. of his subcontractors against defects in workmanship and/or material for a period of one (1) year from the date of final certificate by the Engineer except as otherwise specified. Upon written notification from the Engineer, the Contractor shall repair, replace or reconstruct such defects to the satisfaction of the Engineer at no cost to the Town. 18. STANDARDIZATION The DETAILED and General Specifications indicate specific manu- facturers and/or catalog numbers, etc. , for the purpose of standardiza- tion within the Town in order to minimize stockpiling of replacement parts. 19. DEFINITIONS 6 The words "or a " 1 approved equal as hereinafter used shall refer to the use of an equal product that has received prior approval by the .Consulting Engineer for the Town. The word "Engineer" refers to HOLZMACHER, McLENDON & MURRELL# P.C. , Consulting Engineer for the Town of Southold. SH GC-6 HOLZMACHER, MCLENDON&MURRELL,P.C. wwaxawo EwawteM.ewvMawewr►fci[wnan.w uwwHa .r TECHNICAL SPECIFICATIONS SEVERAL ITEMS ON THE PLANS AND IN THESE SPECIFICATIONS REFER TO THE "SUFFOLK COUNTY PUBLIC WORKS SPECIFICATIONS OF NOVEMBER 1, 1968, " AS AMENDED. THESE SPECIFICATIONS SHALL BE INCORPORATED BY REFERENCE AND SHALL APPLY AS IF DETAILED IN FULL, UNLESS HEREIN MODIFIED. u HOL ZMACHER,MCLENDON 6 MURRELL.P.C. - ��-` coMwuxa EwoM�EE11s,twvwioMrlNTK�pENiNif.nA RAN"M GENERAL SPECIFICATIONS TOWN OR SOUTHOLD RESURFACING OF SOUND AVENUE AT THE WESTERN TOWN LIMIT 0.1 - SCOPE The work to be done under this Contract consists of .furn!shi.ng all labor, materials, equipment, etc. , for the "5UWACTK, . OF SOUIRP AVENUE AT THE WESTERN TOWN LIMIT in the Town of Southold+ as set forth in the Proposal Sheets, in accordance with the Specifications and as indicated on the plans, all to the approval of the Engineer and the Town of Southold. 0. 2 - GENERAL SPECIFICATIONS (a) The "General Specifications" of the contract are. hereby made a part of this specification and are attached herein. (b) Where any article of the "General Specifications" is supplemented hereby, the provisions of such article shall remain in effect. Where any such article is amended, voided or superseded thereby, the provisions of such article not .so specifically amended voided or superseded shall remain in effect. 0. 3 - GENERAL CONDITIONS (a) The "General Conditions" of the contract are hereby made a part of this specification and are attached herein. (b) Where any article of the "General Conditions" is supple- mented hereby, the provisions of such article shall retrain in. effect. 6 All the supplemental provisions shall be considered as added thereto. 2 Where any such article is amended, voided, or superseded therebyf the provisions of such article not so specifically amended, voided, or superseded shall remain in effect. 1 GS - 1 of 11 resat.McLENMH a MURR"r.c.t H21A CMP. CONSMIMM0 VMMMUM AND 90MMMUMAL 900MM GENERAL SPECIFICATIONS (CONT'D) 0.4 - ILO pI RECT PAYMENT No direct payment will be made for work done and for materials furnished under these General $pec ftcat on.% or the General Conditions of the contract, but compensation shall: be deemed to have been in- • Eluded in the contract price of the entire work. 0.5 - PLANS AND SPECIFICATIONS This Contractor will be furnished six (6) compete sets of the plans and specifications. Additional sets will be furnished at coast of reproduction. 0.6 - PERMITS AND REGULATIONS This Contractor shall obtain and apply forallpermits necessary to conduct the work and complete this contract . All work shall be performed in strict accordance with the regulations and requirements of the various civil agencies having jurisdiction thereof. Upon completion of the work provided for in this contract, and before final payment shall be made, the Contractor shall furnish the Engineer with any necessary certificates of approval issued by these various agencies. 0. 7 - SIGNS No signs or advertisements shall be permitted by the Town. 0.8 - TEMPORARY LIGHT, WATER, ETC. This Contractor shall furnish temporary light and power complete with all wiring, lamps and similar equipment, as required for the completion of the work. Water shall be supplied by this Contractor. 6 1 RT GS - 2 of 11 2 HOLZMACHER. McLENN00N i MURULL.P.C. / HZM COM. CONSULTING WGINUM AND W"W"Ma"AL SCIGMSls GENERAL SPECIFICATIONS (CONT'D) 0.9 COOPERATION This Contractor, all other contractors, and all subcontractors shall coordinate their work with all adjacent work and shall coordinate with all other trades so as to facilitate the general progress of the work. Raab trade shall afford all other trades every reasonable op- portunity for the installation of their work and for the storage of their material. 0.10 - REPRESENTATIVE ALWAYS PRESENT The Contractor, in case of his absence from the work, shall have a competent representative or foreman present, who shall follow with- out delay all instructions of the Engineer or his assistants in the prosecution and completion of the work, in conformity with this con- tract, and shall have full authority to supply labor and material immediately. The Contractor shall also have a competent representa- tive available to receive telephone messages and provide a reasonable reply as soon as possible, but not later than twenty-four (24) hours. 0.11 - LABOR (a) All contractors and subcontractors employed upon the work shall and will be required- to conform to the Labor Laws of the State of New York and the various Acts amendatory and supplementary there- to; and to all other laws, ordinances and legal requirements appli- cable thereto. (b) All labor shall be performed in the best and most workman- like 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. ;'6 1 RT 3 GS — 3 of 11 HOLZMACHER.Md 400M i MURRnA,P.C. / HZM CORP. CONSUL"M VMM M ANO UMMMU MRAL 1C1E#W" GENERAL SPECIFICATIONS (CONT'D) 0.12 - WORKMANSHIP It is the intent of these Specifications to describe definitely and fully the character of materials and workmanship required with regard to all ordinary features, and to require first class work and materials in all particulars. For any unexpected features arising during the progress of the work and not fully covered herein, the specifications shall be inter- preted -by the Engineer to require first class work and materials, and such interpretation shall be accepted by the Contractor. 0.13 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 is 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 eharacter, and the failure of the Engineer to dimand any increase of such effi- ciency 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 ex- cept 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, such as manholes, catch basins, pipe lines, conduits, etc. T6 1 RT GS - 4 of 11 4 HOLZMA04M MdEWOM i MtRtRELL,P.C. / Ha4 CORK ca+suLrwa R11M9M Aw0 VORWHMOITAL 800M s -GENERAL SPECIFICATIONS (CONT'D) 0.14 INSPI$C_T ON The Contractor shall, at all times, provide convenience of ac- ess and- safe and proper facilities for the inspection of all parts of the work. No work, except such shop work as may be so permitted, shall be done except in the presence of the Engineer or his assist- ants. The Contractor shall notify the Engineer twenty-four (24) hours in advance as to when he intends to start or resume the work. No materials of any kind shall be used upon the work until it has been inspected and accepted by the Engineer; all materials re- jected shall be immediately removed from the work and not again of- fered for inspection. Any material or workmanship found at any time to be defective shall be remedied at once, regardless of previous inspection. The inspection and supervision of the work by the Engineer is intended to aid the Contractor in applying labor and materials to and in ac- cordance with the specifications, but such inspection shall not operate to release the Contractor from any of his contract obliga- tions. 0.15 - PHOTOGRAPHS Prior to the commencement of any work to be performed under this contract, the Contractor shall inspect all structures, pavement, walls, curbs, sidewalks along the route with the Engineer. Whenever cracks, breaks, defects, faults or structural decay is expected or visible, photographs shall be taken, by a professional photographer, to identify and to record each and every defect. Failure on the part of the Contractor to take such photographs will be construed as mean- ing that no defects existed prior to construction. The Contractor shall submit to the Engineer three (3) sets of 3"x5" prints and the negatives from which the prints were made, which negatives shall be at least 35 millimeter in size. Prints shall be mounted in a photo album with a written description of each photo to include descriptions, street location, address and ownership of property or building, if available. No separate payment will be made for the photographs, k 6 ✓"1 RT GS - 5 of 11 5 HOLZMACHER.McLENDON i MURRELL.P.C. / H2M CORP. CONSULTING ENOMWO AND VMNONMDtTAL SCOMSTS GENERAL SPECIFICATIONS (CONT'D) • 0.18 - LINE AND GRADE (a) The Engineer shall establish the lines and grades for the storm drains and appurtenances, and the necessary benchmarks for pavement construction stakeout. (b) All grades, lines, elevations and benchmarks shall be maintained by this Contractor who shall be responsible for same.. (c) The Contractor shall verify all grades, lines, levels and dimensions as shown on the drawings, and he shall report any errors or inconsistencies in the above to the Engineer before commencing work. 0.17 - BOUNDARIES OF WORK AND CONTIGUOUS WORK The Town will obtain from the property -owners rights-of-way for all work specified in this contract, and the Contractor shall not enter or occupy with men , tools or materials, any private ground outside the easements and rights-of-way without the consent of the owner and the approval of the Engineer. Other contractors of the Town may, for all purposes required by their contract, enter upon the work and premises used by the Contractor, and the Contractor shall give to other contrac- tors of the Town all reasonable facilities and assistance for the com- pletion of adjoining work. 0.18 - RIGHT--OF-WAY Where the work called for extends upon or through private property, the Town shall produce all necessary rights, deeds and easehts for access to the property and the Contractor shall not proceed with this part of the work until the Town has completed negotiations with the' property holders and all necessary papers are in the hands of the Town. If, after a reasonable period of negotiations (up to one (1) year from signing of the contract) , rights or easements cannot be obtaifted, then the Town reserves the right to eliminate those items of wdrk from the ctraet which required the easements prior to construction. No addi- tional compensation shall be made to the Contractor for such elimination- 2 SORT d 6 81-01 GS - 6 of 11 t MOLZMACHER.MdMWM i MURREU*R.C./ H2M CORP. M"TM 0000 a Me 9WWWW AL 100msrs ' SPRCIFICATIONS (CONT'D) 0.2 -» PBOTRCTION Of WORK, The Contractor shall, place .a suf f i gie"y of red I ightd. ! .sF. dead, any work aaeessibls to the ubliE *M,4L keep them burning sunset' 14 SUM- rise; he shall serest suitab a railings of 'barriers, and watchmen on the work by day or night, as required and dee � 66449satyl, for, the safety of the work, on public or adjoining property. The Town reserves the right to remedy any neglect on ,the part of the Contractor as regards the protection of the work wbiek sty come to its attention, after 24 hours' notice in writing; ezeept tit • *-aces of emergeney, it shall have the right to remedy any neglect wish notice, and in either case to deduct the cost of such remedy from, money due the Contractor. O.20 - MAINTAINING FLOW OF SEWERS AND DRAINS The Contractor shall, at his own cost and expense, provide for and maintain the flow of all sewers, drains, house or inlet connee- tions and all water-courses whichmaybe met with during the progress of the work. He shall not allow the contents of any sewer., dr&ia or house inlet connection to flaw into trent-hes to be construetfd u"or the contract, except where writ`te@' psrmission is given by the- Seg4noer and sball, at his own eapensg,• immediately remove and cart arab ftp the vicinity of the work. all' offensive matter, using such precautions in so ding as may be directed by the- Engineer. O.21 - PROTECTION OF EXISTING SUBSURFACE STRUCTURES Certain existing subsurface structures will likely be encountered during the construction of the work embraced in this contract, or located in such close proximity to the work to be done under this contract, as to require special precautions and methods for tb*ir pro- tection, ro-tection, such as sewers, drains, water mains and conduits,, together. wib appurtenances, and are shown on the drawings. The sizes,# loaa- t '"$ and depths shown, however, are only approximate and `tes Contrac 6 for shall satisfy himself as to the accuracy of the inforNktiom given and shall not claim nor shall he be entitled to receive Compensation 6 for damages sustained by reason of the inaccuracy of the inforMation 41 given or by reason of his failure to properly maintain and support such structures. RT 7 GS - 7 of 11 MO DVZHEA,McLEENOM i WAULL..P.C./ H2M 00M. QONULT" o4aNf MIS w*vFAWVITAL 8CIOMM GENERAL RFBCIFZCATIONS (CONT-D) Should the Contractor , through his own negligence, damage any portion Of the existing underground structures, sewers, drains, cul- verts, grater liaes, etc. , located within .the limits of the eostract, and wbiok are to remain, he shall replace or restore such damaged portions at his Own expense and as directed by the Engineer. 0.22 NOTIFYING UTILITY COMPANIES The Utility Companies shall be notified in accordance with Sec- tion 191.8 of the Penal Law of the State of New York and Article 20, Section 322-a of the New York State General Business Law, entitled, "Construction or Blasting Near Pipes Conveying Combustible Gas, " which states, "the person having direction or control of such works shall given such notice and further, he shall ascertain whether there is within one hundred feet in such street, highway or public place. . .any pipe. . .conveying combustible gas." This Contractor and all other excavators must comply with Indus- trial Code Part 53 whereby this Contractor must obtain the list of each operator of underground facilities and provide advanced notice to each operator of his intent to perform excavation in the area Y specified under this contract., t 0.23 - PUBLIC UTILITY COMPANIES All conduits, sewers, storm drains, water mains, underground elec- trie and telephone conductors or conduits, or gas mains encountered in the construction shall be properly and safely taken care of by the Con- tractor, who shall, upon encountering same, notify the public corpora- tion to whom they belong, in order that they may be changed is such a manner as not to interfere with the final construction if it is imposs- ible to cross over, under or around the other utility. *16 1 ' AT GS - 8 of 11 8 HMMAACM.MdDgft a MUMML.P.C. t NN cont. coWimme cnaNan Am ar4wo AaaAI savow s G GMMAL 0WITICATIONS (CONT 0 D) 0. 4 R11, TOR 3, VICE PIPES It case any damage shall result to any service pipe ice eater or gas,,oras PC Vto t or public sewer or ee�daatit. the C sa��r sbs i-, witb de ny, and at his own expense, repair the same tw b4. a�atis- faet +wf` tme= E iaeer and is case e4ch repairs are not *ads prcymptly or satisfactorily, the Owner may have the repair* mads by another contractor, or otherwise, ,and deduct the cost of same from aty monies due or to become due the Contractor. All damage, direct or indirect, of whatever nature resulting from either the performance of or resulting to the work under this contract during its progress from whatever cause, shall be borne and sustained by the Contractor, and all work shall be solely at his risk until the date of the final certificate. • 0.26 - TRAFFIC MAINTENANCE The Contractor shall minimize all interference to vehicular, pedestrian and other traffic. Traffic along the construction site shall .be provided with a passable and adequate road. All fire hyd- rants shall be accessible at all times. t Maintenance of traffic phall include bridging over e0nst,»et .0G, construction in sections, prbviding detours, and other measures, speer f ied. Access shall be maintained to all driveways. The Cont- ractor *"11 furnish and install adequate warning signs, flags. l,ighto. railings, barricades and other devices. Watchmen, flagmen and signal- men whall be provided to maintain traffic. 0.27 - REMOVAL OF TEMPORARY STRUCTURES 4n or before the completion of the work, the Contractor shall, without charge therefore, tear down and remove all buildings and other structures built by him for facilitating the carrying mut of .the work and shall remove all rubbish of all kinds from the grounds which he 4 has occupied, and shall leave the site of the work clean and in good condition. 16 1 RT GS - 9 of 11 9 HMZMACHER.Md 414 i YWRRni,Pc.J H2M CW. coNluLnNO awNum mo DrArAmmvom WAamm GENRRA4 SP IFICATIONS (CONK"D) 0.-2a GJAU$JS AND FINAL INSPECTION All pipe lines and other structuress shall be kept clog-A duri g cosstruot o , and as the work approaabes eonpletion the CentVor • shall tystemat cally and thoroughly clean and make any aeeded- ro= pairs to the same. He shall furnish athisown e=psnse suttahie tool* and labor for cleaning out all dirt, mortar and foreign stbstateeo from the structures, and also the water for cleaning by flushing. Any leakage of water into any structure exceeding the limits Speei tied, or any deviation from the proper grade for alignment to the structure or any other defect such as to make the work, in the opinion of the Engineer, fall short of first class work, shall be properly corrected by the Contractor at his own expense. The clean- ing and repairs shall be arranged, so far, as practicable., to be com- pleted upon finishing the construction work. Notice to begin this cleaning and repairing, if such is needed , will be given is due sea- son by the Engineer who, at the same time, will make his final in- spection of the work. The Engineer will not prepare his final certificate of this por- tion of the work until after the final inspection is made. During this final inspection, the Contractor, at his own expense," shall fur • nish suitable provisions as to needed drainage, workmen and appli- ances. 0.29 - ,TOILET FACILITIES t Necessary toilet facilities for the use of the workmen on the project, properly secluded from observation, shall be erected and maintained by the Contractor in such manner and at such pOints. as shall be approved, and their use shall be strictly enforced. The contents of same shall be removed, with sufficient fregoenwy, to pre- vent nuisance, and disposed of to the satisfaction of the Ingineer and the Town. The Contractor shall obey and enforce all safittary regulations. The sanitary condition of the grounds in and around such toilet facilities must be maintained in a satisfactory manner at all times. 6 .�l itT GS - 10 of 11 10 HOLZMACHM Me DMW i;MURK"M l H2M CORP. eONwMr"a DRUM904 A wnwasaorns Gam' I 1L:A`fi'IUN Wou'r,13) o... .,. ORDERS DUTjag the construction period of this cmatract. tha Bsgijnesr May � *de1�.# is `R 'tting, change*,, in a,&xes of (prig' to rel ►aeir 'f " them&"-9Xstutrer); and/or locations. o! (prior, to deliver el tes•tals and additional items.. The .priees as bid for the respective sine installed shall be also applicable to *%Y- 's h changes or additions ordered by the Engineer. The total. eost- of additional item ordered shall be limited to not more than ties percent (10%) of the total bid (including alternate bid&) of all items. Change orders involving extras or additional. funds 0%tside the limits of the unit and/or lug *am prises must be approved by the Consulting Engineer and the Town of doutho : : , 0. 31 - DEFINITIONS The specifications indicate specific manufacturers and/or catalog numbers, etc. , for the purpose of standardization in " order to minimize stockpiling of replacement parts. The words "or approved equal" as hereinafter used shall refer to the use of an equal product that has received prior approval by the Consulting Engineer for the Town. The word "Engineer" rdferes to MOLEMACMER, McLENDON k MURRE'LL, P.C. , Consulting Engineer for the Town. v C. The words "Owner" or "Town" refer to the TONIN OF SOVM269. 4 2 SH GS - 11 of 11 11 HOLZMACHER,McLENDON 6 MURRELL,P.C. OONtI1Nq tMOM1AM,NVII01 W MrtK�M117a M 1MI11tM PAVEMENT RESTORATION & REPLACEMENT ITEM 5 5.3 - SCOPE The work under this item includes sawcutting, removal and disposal of existing pavements (temporary and permament) , and the furnishing and placing of asphalt concrete base and binder courses at the locations indicated on the plans or as directed by the Engineer. 5. 2 - GENERAL Under this item, the Contractor shall be responsible for the re- moval and disposal of the following: 1) All temporary pavement previously placed by Southold Town,forces in connection with the installation of new storm drainage leaching pools within the project area. 2) All existing pavement indicated on the plans and any existing pave- ment ordered by the Engineer in .the field during construction. In general, the removal of existing pavement will be ordered at those locations where subgrade failure is evident. In addition, severely distressed or cracked pavement will be ordered removed. 3) All existing subbase material down to the required grade for con- struction of the new pavement section. In the event that the material • at this grade is considered by the Engineer to be unsuitable as a sub- base for the new pavement, additional excavation ordered will be paid for under Item 14. Under this item, the Contractor shall construct a new pavement cross section at the aforementioned locations in accordance with the details indicated on the plans. Pavement restoration at leaching pools shall i4aclude the additional pavement required behind each structure, as detailed on the plans. sawcutting is required when removing deteriorated pavement and shall be performed to the Engineer's satisfaction. Upon impletion of sawcutting, all asphaltic concrete on all types of bis small be removed in a neat, workmanlike manner, using modern pavement removal mets as approved by the Engineer. Disposing of removed material shall be done in an acceptable manner off the site or at a designated area specified by the Engineer. This Contractor shall be responsible for the payment of any dumping fees should he elect to use the Town Landfill facilities. 6 5_3 -I.-, SAM=NG 2 The existing asphalt pavement shall be cut at the locations desig- nated by the Engineer. The minimum depth of cut shallbe two (2) inches. PRR - 1 of 4 12 HOIZMACHER,MoUNDON i MURREU.P.C. p0A1MILIMN tMOMN�M.NpM19MYnN►K�OIMAMt�rNl KAMINIIi PAVEMENT RESTORATION & REPLACEMENT (CONT'D. ) 5..3 -, SAWCV=ING .(Cont'd. ) All work shall be accomplished in a neat, workmanlike manner, using approved modern sawcutting methods. Failure to cut a minimum depth of two (2) inches will be con- sidered as grounds for rejection of the sawcut, and the Contractor shall be required to re-sawcut the pavement. No payment will be made for either the additional sawcutting or additional pavement replace- ment required. 5.4 - >SJTNo-BASE Thee sub-base shall be cleaned of all loose or foreign material, reshaped If rutted, and otherwise prepared so as to provide uniform support for the pavement. All soft or unsuit#ble material such as loam shall be removed as directed by the Engineer, and .replaced with suitable material approved by the Engineer and compacted in six (6) inch layers to the' pavement, base. Excavation to remove unsuitable materials below the bottem of the proposed base course shall be paid for ender Item 14. Shaping of the sub-base shall be accomplished by hand or with • mechanical grading equipment after which the. sub-base shall be mois- ened and compacted by means of a vibratory-type compactor in accordance with modern vibratory compaction methods, to the approval of the Engineer. All equipment for the proper preparation of the sub-base and for the placing and finishing of pavement shall be in first-classy working order and shall be subject to any inspection the Eig neer: may desire paler to being placed in use. After the sub-base has been prepared and acted to the required uniform density and to the-required elovatlAm, alignment and cross-sectien, it shall be maintained in that co"ition until the pavement is placed thereon. Pavement will not be placed upon any frozen sub-base or upon any aerial which, in the opin- ion of the Engineer, is unsuitable as a pavement foundation. The end result of all compactive efforts shall be that the sub-base material is compacted to not less than 95% of maximum density at optimum moisture content as determined by AASHTO T-99. lh -tbe evert that the Engineer determines that there: is reasonable doubt regarding the quality or degree of compaction, , he may order that emMaetion tests be performed at random locations. All eorgwction tests shall, be performed by an independent laboratory previously (twritten approval) by the Engineer. The costs €or. all 6 congtation testing ordered shall be borne by the Contractor. ,Q PRR _ 2 of 4 13 HOLZMACHER,MCLENDON i MURRELL,P.C. QO,INN,1MglMMIMII{,MIIMIIOMMMQK dN111�.M RAMINM PAVEMENT RESTORATION & REPLACEMENT (CONT-D. ) - PAVEMENT MATERIALS Materials utilized for pavement restoration shall be in accor- dance with the "Suffolk County Public Works Specifications of November 1, 1968" as amended. The typical pavement restoration cross- section is indicated on the Contract Drawings. A bituminous material shall be placed on the concrete or bitum- inous base and at sawcut joints, as a tack or seal coat. The minimum application rate of this material shall be 0.1 gallons/square yard. The bituminous material shall conform to the requirements of New York State Department of Transportation Specification Section 407, Item No. 407.01. 5..6 - P&IMONT CONSTRUCTION , All pavement restoration shall be performed in accordance with the requirements of "BITUMINOUS PAWING CONSTROCTION, PART II, SECTION 8" of the "Suffolk County Public Works Specifications of November 1, 1968" as amended. 5.7 - MISCELLANEOUS No payment will be made under this Item for pavement disturbed or broken by the Contractor due to his own neoliaence or for pavements • removed to facilitate the construction where specific authorization has not been given by the Engineer. 5.8 - MAINTENANCE AND GUARANTEE After repaving, the Contractor will be responsible for his work and will have to repair any sunken trenches immediately after notifi- cation from the Engineer, to the satisfaction of the Engineer and the Town of Southold Highway Department, for a period of one (1) year after the date of final certificate. 5.9 -.BASIS OFPAYMENT Payment will be made for the various types of pavement removal and restorat a€e on a square yard basis in the following manner: Re ve temporary pavement placed by others and restore excava- tion. area with now asphaltic concrete as detailed on the plans. Con- struction of payed areas behind each of the new leaching pool structures 6 shall be included under this item. 2 Y&em...," - oval of existing deteriorated pavement sections and replace- ment vitb now asphaltic concrete as detailed on the plana or as ordered by the Engineer. PRR - 3 of 4 14 HOLZMACHER.MCLENDON i MURRELL.P.C. ao�wnwo tNowaw.gyp.�paown..r KIM PAVEMENT RESTORATION & REPLACEMENT (CONT-D. ) 5,9 - BASIS OF PAYMENT (Cont'd. ) All pavement restoration shall be in accordance with the applicable Suffolk County Department of Public Works Specifications, the details in- dicated on the Contract Drawings and the directions and orders of the Engineer. The unit price bid for these items shall include all materials, labor, equipment and incidentals necessary to complete the work. 6 2 PRR - 4 of 4 15 HOLZMACHER,MCLENDON&MURRELL,P.C. O D�NIILTINO EMOM1lM►QIYMIOMMIMFM f CNMI/T�.M MANNIM MAINTENANCE AND PROTECTION OF TRAFFIC ITEM 10 10.1 - SCOPE The work includes furnishing all labor, materials, equipment and appliances necessary to maintain both vehicular and pedestrian traffic, to protect the public from all damage to person and property and to minimize inconveniences to the residences and businesses ad- jacent to the- contract area for the duration of the contract in accordance with the specifications, as shown on the plans and as directed by and to the approval of the Engineer and the Town of Southold Highway Department. 10.2 - GENERAL The Contractor shall maintain traffic over a reasonably smooth travelled way which shall be so marked by signs, delineations and/or. other methods so that a person who has no knowledge of conditions can safely, and with a minimum of discomfort and inconvenience, ride, drive or walk over all or any portion of the roadway under construc- tion. The Contractor shall prepare and submit a plan to the Engineer for his approval , outlining a schedule of operations for the mainten- ance, protection and detouring of traffic showing in comple-te detail the methods, sequences, procedures and facilities he proposes to install. Before the Contractor shall in any way or manner restrict or interfere with the normal flow of traffic, he must first secure written approval of his proposed plan from the Engineer. The Contractor is placed on notice that the Maintenance and Pro- tection of Traffic over this highway during construction is eon- xWered as important and necessary an item of work as is the actual construction itself. The Contractor shall at all times conduct his operation in a manner to insure the safety of motorists, pedestrians and his own employees. The Contractor shall protect the user from damage to person and property by reason of any construction operation (for example -- painting , paving, blasting, tree work, demolition, etc. ) by such protective screens, devices or methods as are approved by the Engineer. 6 W SOHT MPT - 1 of 6 16 HOLZMACHER.MCLENDON i MURRELL.P.C. oo�w�w�wa tNa�w�s.�K�a�►ia�.rru�cM MAINTENANCE AND PROTECTION OF TRAFFIC - CONT'D. The Contractor shall under this item be responsible for the maintenance within the limits of the contract of the entire pave- ment,, drainage facilities and other highway elements, both old and new, beginning on the date construction commences and ending on the date the contract is officially accepted. The Contractor shall schedule his work so as to minimize the amount of the old travelled way that is destroyed or substantially damaged at any one time. Throughout the course of the work the health and welfare of the people shall be provided for. The Contractor shall at -least one ( 1) week in advance of proposed work, ascertain the specific needs of individuals whose homes or place of business may be inaccessible for periods of time while required construction work is in progress. In all such cases, the Contractor shall make akl arrangements with health, safety and protective agencies to insure. that any and all emergency or accidental needs of seriously hampered people will be cared for. Roads which must be closed to traffic completely shall be completed during the normal work week. One week's advance notifi- cation of construction shall be given to affected residents. 10.3 - MATERIALS All materials used shall comply with the requirements for the various items or materials as established in the specifications or the plans. All temporary signs, delineators, barricades, lighting and other warning and guiding devices shall be as approved by the Engi- neer, and will remain the property of the Contractor. All materials and equipment and workmanship for electrical installations shall be in strict compliance with the Standard Code Requirements and the work shall be performed by licensed electri- cians. The Contractor shall obtain, supply and pay for all required electrical energy and shall make all necessary arrangements with the utility company for service points. All electrical services, permits and certificates shall be obtained and paid for by the Contractor. i S'OHT MPT - 2 of 6 17 t�(lM HOLZMACHER,MCLFNDON i MURRELL.P.C. QpNMI�TMN tNONM{K MNMOMMUlfM�OI�MMH.MN/111111M MAINTENANCE AND PROTECTION OF TRAFFIC - CONT'D. 10.4 - CONSTRUCTION DETAILS 10. 4.1 - General - The Contractor shall generally provide a travelway suitable for maintaining a minimum of two lanes of traffic. This travelway shall be kept well drained and reasonably smooth and hard • at all times and free of potholes, bumps, irregularities and depressions that hold or retain water. 10.4.2 - Warning Signs & Delineators - The Contractor shall erect FaFricades, detour signs, warning lights and other facilities approved by the Engineer at the beg inning:, end and for the entire length of any detours to adequately warn the travelling public that the road is closed and indicate the di-rection and route of the detour. He shall conduct his operations to insure a minimum of delay to traffic. The Contractor shall furnish, erect and maintain proper reflect- orized signs, indicating to motorists the status of the highway under construction. All signs shall be kept clean, mounted at the indicated height and so placed as to be effective both day and night. Signs, warnings, delineators and barricades shall be used to adequately inform the motorist of any unusual or unsafe condition and to safely and clearly guide him through the contract area. Such signs , barricades, warnings or devices shall be so placed and lighted as to give timely warning and permit the motorist to take the necessary action to traverse the area safely. Barricades and signs shall be lighted when and as required . The Contractor shall delineate areas where there is a drop-off near the edge of the travel lanes and areas on which it is unsafe to travel . here the drop-off is less than 6-inches, and where soft or unsafe areas occur, an approved delineator shall be placed along the edge of the travelway at intervals of not more than 200 foot. Where the drop-off is greater than 18-inches, a continuous delineation consisting of a white board or band shall be used in add it ion to individual delineators. Thirty ( 30) to fifty (50) gallon drums or containers set on end may be used as delineators, provided they are painted orange and white and kept clean at all times. ether markers or delineators may be circular or rectangular in shape and shall be constructed of reflective sheeting having a minimum area of 20 square inches or reflective buttons having a minimum diameter of 3*1nches. All reflective delineators or markers shall be yellow or amber in color except that at entrances to commercial establish- ments the Contractor shall place a green reflective marker on each side of the designated safe entrance to the establishment. The entire 5 2 SGHT MPT - 3 of 6 18 HOLZMACHER.MCLENDON&MURRELL.P.C. COMM"" NPNIWOMWIKfORMMUrNPLO MM MAINTENANCE AND TRAFFIC PROTECTION — CONT'Do entrance area between adjacent green markers shall be kept safe and smooth for convenient ingress and egress. Delineators shall be sub- stantially mounted so that the bottom of the reflective unit is 4 feet above the elevation of the travelway. Any area judged by the Engineer a to be particularly hazardous shall be marked by the use of oil burning flares or signal flashers with a large reflectorized orange lens in addition to the reflective markings. All signs, markers and other facilities shall indicate actual conditions existing and shall be moved, removed or changed immediately, as conditions require. Details and types of signs, temporary barricades, timber curb and other devices are shown on Standard Structure Sheets, !manual of Uniform Traffic Control Devices of the New York State Traffic Commission. These are minimum requirements and the Contractor shall have an adequate quantity of each available for cine as. required. The Engineer may, if conditions exist, requtre additional signs. in that event, they shall be consistent with the arrang:emnts, material requirements and details of these shown on the Standard Structure Sheets., Lighted barricades shall be fully equipped with complete electrical facilities including fixtures, lamps, conduits, switches, cut-outs, boxes, cable and all other required equipment, appurtenances and connections to the service points designated by the utility company as necessary to install and light the barricades. The Contractor shall set and adjust time switches and other equipment as required to put the lighting system in satisfactory operation. 10.4.3 - Maintenance - The Contractor shall furnish material, labor- and equipment at any time, day or night, to immediately repair, remody and prevent washouts, formation of holes, ruts aad depressions, sunken trenches and the destruction or sinking of temporary pavements. This applies when the work is underway and when the work is temporarily suspended for any period of time. Special attention shall be given to maintenance of a satisfactory travelway over weekends, holidays, and during the winter season. Any damage to any portion of the work occasioned by lank of adequate maintenance shall be repaired by the Contractor at his own expense. 5 SOHT MPT - 4 of 6 19 HOLZMACHER,MCLENDON&MURRELL,P.C. �Kna eNote,uwMo►wew��►�w«fwn.w n�M MAINTENANCE AND PROTECTION OF TRAFFIC - CONT'D. 10. 4.4 - Flagmen - Whenever it is necessary to maintain traffic, the Contractor shall employ a sufficient number of competent flagmen during the time traffic is maintained. The Contractor shall also provide a sufficient number of competent flagmen in areas where traf- fic is congested, particularly where construction equipment is operating. 10.4 .5 - Access - Under this item, the Contractor shall construct and ma nta n at all times where required or as directed, temporary, bridges or bridging across pipe trenches, excavations, obstructions and newly laid pavements to provide adequate ingress and egress for pedestrian and vehicular traffic to and from private driveways, busi- ness and emmerc al establishments or for main street intersections and heavily travelled crossings. The Contractor will be required, after the installation of all pipes and necessary appurtenances thereto, to immediately backfill all trenches, compact the same with the surface -of the fill graded off, and install temporary pavement to permit the resumption of traffic without delay. The surfaces of all trenches shall be maintained continually by the Contractor to carry traffic smoothly, safely and without interruptions or slowdowns, until the permanent pavement has been restored. 10.4.6 - Existing Sig ns - All existing highway signs and supports within the contract limits are to remain under the control and juris- diction of the Engineer and are to be properly maintained for the duration of the contract by the Contractor as directed by the Engineer. The Contractor shall, when shown on the plans or ordered, remove these existing signs; store, protect and keep them clean; and replace them on the contract as directed by the Engineer. Signs not to be replaced shall be cleaned and delivered to the Town as directed by the Engineer. Signs or markers lost or damaged because of negligence on the part of the Contractor shall be replaced at the Contractor 's expense. 10.5 - BASIS OF PAYMENT The work of maintenance and protection of traffic shall be paid for Wider item 10 at a lump sum bid price that is greater than or eal to the minimum bid price indicated on the proposal sheets. In the event that, in the opinion of the Engineer, traffic is not properly and adequately maintained on any part of the contract on any day, and/ or the Contractor deviates from or fails to comply with the approved plans, schedules and modifications or amendments thereto, no payment for z maintenance and protection of traffic will be made for that day. 2 SORT MPT - 5 of 6 20 HOLZMACHER.McLENDON a MURRELL.P.C. coomm atMYMMM,WWWANOMNMLOCINTOMeMOL"I"M MAINTENANCE AND PROTECTION OF TRAFFIC - CONT'D. Daily cleanups of the project site are considered an integral part of the maintenance and protection of traffic. Therefore, no payment will be made for those days where, in the opinion of the Engineer, the Contractor has not performed a satisfactory cleanup. The amount of any such daily non-payment will be $100. The aggregate sum of money deducted for daily non-payment may exceed the actual amount bid for this item and may be deducted from any monies due the Contractor on other items of this contract. If the Contractor fails to maintain and protect traffic ade- quately de- quately and safely for a period of 24 hours, the Engineer may cor- rect the adverse conditions by the use of such means that he may deem necessary and augmented by such other equipment and personnel as it may be necessary to hire from outside sources, and the entire cost of this work by such .forces, materials and equipment shall be deducted from any monies due the Contractor.-on this contract. The deduction dee to the cost of this work shall be ,in addition to the daily noa-payment deductions listed above. The bid price shall include the cost of furnishing all labor, materials, tools and equipment necessary to satisfactorily compete the required work. ML Monthly payments will be made for this item in proportion to the total amount of contract work, excluding maintenance and pro- tection of traffic, completed divided by the total bid price less the stated allowance for maintenance and protection of traffic. 6 2 SOOT MPT - 6 of 6 21 HOLZMACHER, MCLENDON i MURRELL.P.C. oo�w�wr.a e«o��a,iwvw�o�x«rr��n.w maw TACK COAT ITEM 11 11. 1 - SCOPE This work shall consist of preparing and treating an existing bituminous or concrete surface with bituminous material in accordance with these specifications and in reasonably close conformity with the limits shown on the plans or established by the Engineer. 11.2 - MATERIALS The bituminous material, prior to dilution, shall meet the re- quirements of one of the following material .designations from the N.Y.S.D.O.T. "Standard Specifications - CONSTRUCTION AND MATERIALS", dated January 2, 1981 : Asphalt Emulsion (HFMS-2h) 702-3401 Asphalt Emulsion (SS-1h) 702-3601 Cationic Asphalt Emulsion (CSS-1h) 702-4501 The bituminous material shall be diluted with an equal volume of suitable emulsifier solution and thoroughly mixed into a homogeneous liquid . The diluted bituminous material will be sampled and tested in accordance with the Engineer 's written instruction. 11.3 - CONSTRUCTION DETAILS Equipment - The Contractor shall provide equipment for heating the tuminous material and a distributor for applying the tack coat. The distributor shall be so designed, equipped, maintained and operated so that bituminous material can be applied uniformly on variable widths of surface up to 15 feet at readily determined and controlled rates from 0.05 to 2.0 gallons per square yard, with uniform pressure, and with an allowable variation from any specified rate not to exceed 0 .02 gallons per square yard. Distributor equipment shall include a tachometer,' accurate volume measuring devices or a calibrated tank,, and a thermometer for measuring temperatures of tank contents.. 'Distri- butcrrs shall be equipped with a power unit for the pump, and full cir- culation spray bars adjustable laterally and vertically. Distributors 0 shall be equipped with an approved bituminous material sampling valve. Whsn samples are taken through such valves, they shall be considered representative of- all material in the tank. TC - 1 of 2 22 HOIZMACHER.MCLENOON t MURRELL,P.C. oo�wwn�"ems"".u�wwww�►aoiunww.w new TACK COAT - CONT'D. 11. 3.1 - Equipment - (CONT' D. ) Small power spray units or hand spray equipment may be used in areas where the Engineer determines that the use of a distributor is impractical . 11.3.2 - Preparation of Surface to Re Treated - The existing surface s all be patched and cleaned and shall be free of irregularities to provide a reasonably smooth and uniform surface to receive the treat- ment. Unstable corrugated areas shall be removed and patched with mat- erials determined suitable by the Engineer. The edges of existing pav:emea.-ts, which ace to be adjacent to new' pavements, shall be cleaned to permit the adhesion of bituminous materials. 1 .3.J - &2pl cation of t n Mater al - The bituminous material shall be uniformly appil,'jed Witha pressure distributor . The- tack coat shall be applied in such a manner as to- permit a**-way traffic, where practical. in addition, the tack coat shall be applied so as to offer the least inconvenience to traffic and to prevent pickup or tracking of the bituminous material. Tack coat shall not be applied during wet or cold weather, as determined by the Engineer. The temperature and areas to be treated shall be approved prior to application. The application rate shall be 0 .10. - 0.15 gallons per square yard unless otherwise ordered by the . Engineer. 11.4 METR�D OF-N4ASURVNENT The quantity to be paid for will be the number of gallons of diluted emulsion measuved at 60 degrees Farenheit incorporated into the work. l �OFA YMENT The uAit price bid per gallon for tack coat shall ismWde the cost of furnishing materials and all equipment and labor necessary to com- plete the work. 1 TC - 2 of 2 23 H2M CORP. / HOLZMACHER, MCLENOON i MURR" P.C. coluucnmm V44M S AND umawmajTAL GOCNTs THERMOPLASTIC PAVEMENT MARKINGS 12. 1 - SCOPE Tinder this item, the Contractor shall furnish and apply thermoplastic reflectorized pavement markings at the locations and in accordance with patterns indicated on the plans or pavement, or as ordered by the Engineer. This work shall include the cleaning and preparation of pavement surfaces and the maintenance and protec- tion of traffic during installation. 12. 2 - MATERIALS : THERMOPLASTIC PAVEMENT MARKING MATERIAL (WHITE YELLOW This specification shall cover reflectorized thermoplastic pavement striping material that is extruded to the pavement surfaces in a molten state by mechanical means and which upon cooling to the Normal pavement temperature produces a ref•Lectorized traffic stripe of desired thickness and width. The term "Thermoplastic Materials' defines a substance free of volatiles, applied in a molten state, which after cooling to the ambient temperature and without polymerization or any other chemical change forms a traffic marking stripe of a quality and appearance as specified in subsequent' sections of these specifi- cations. This specification is intended to set minimum limits on material characteristics of the thermoplastic compound. The successful bidder shall furnish test samples of materials. He must also submit a list of installations made in the last three years. Material composition shall be in accordance with the following: A. In the plastic state, the material shall not give off fumes which are toxic or otherwise injurious to persons or property. B. The temperature versus viscosity characteristics of the plastic material shall remain constant through four reheatngs; and shall be the same from batch to batch. There shall be no obvious change in color of the material as a result of a number of reheatngs or from batch to batch. C. The pigmented binder shall be well dispersed and free from all skins, dirt, foreign objects, or such ingredients as will cause bleeding, staining or discoloration. 24 PM 1 of 5 H2M CORP. / HOUMACHEk MCUNCON i MURKU,, P.C. CONVATIN G UMUNUM ANO ommmmo"OL dauff n THERMOPLASTIC PAVEMENT MARKINGS - CONT'D. D. The binder shall consist of a mixture of non-drying synthetic resins at least one of .which is solid at room temperature. The total binder content of the thermoplastic compound shall be not less than twenty percent (20X) and sufficient to hold the exposed beads securely in place without the beads abrading off. E. The filler to be incorporated with the .resins as binder shall be a white calcium carbonate- or approved alternate with a minimum compressive strength of five thousand pounds (5;000 lbs. ) per square inch. F. gpeetfc, gravity of, the materials shall be between 1.9 and 2. 1 at 25 degrees centigrade. G. The percentage of pigments for white and yellow thermoplastic shall be between 10% and 15%. N. The softening point (ASTM E 28 Test). sbai1 be a minimum of 90 or as the Engineer approves, I. Reflectorised beads (Fed. Spec. TT-P-83) shall be employed in the material to the extent of not less than twenty percent (20%) nor more than 30 percent (30'X) by weight of material. The glass beads used in the formulation shall have refractive indexes of not less than 1.50 when tested by the liquid method at 25 degrees centigrade; shall consist of 90% min. by count of water white true spheres and shall be free from air inclusions. The beads shall have the following gradation unless the Engineer approves alternate sixes: V_S. _Zieve No. Maximum Percent Passing 30 60% 50 15% 100 0% Not less than 90% of the spheres shall meet the following require- ments: 1. The surface of the spheres shall be smooth, 'Iustrets and tree from film, scratch and pits. PNt - 2 of 5 25 HIM CORP. / HOtZMACHER. MCLENOON 6 MURR" P.C. CM&ULnNo waNUM ANO t1Nt11 KOWTAL 100MM THERMOPLASTIC PAVEMENT MARKINGS - CONT'D. 2. The spheres shall be clear and transparent and shall not be ovate in shape or fused spheroids and shall meet ASTM D1155 speci- fications. 3. The spheres shall show high autocollimating efficiency. Not more than 1% shall be black, amber or milky. The compound shall not deteriorate by contact, with sodium chloride, calcium chloride, or other chemicals used against formation of ice on roadways or streets or because of the oil content of pavement materials or from oil drip- ping from traffic. J. Topdressing beads shall be beads with a refractive index of 1.50 and the same specifications as above in Paragraph 1. Paymentfor these beads shall be included in the cost of thermoplastic material. K. The night-time visibility and-'reflectivity of the white and yellow thermoplastic lines shall be at least equivalent to reflectorized painted traffic lines having six pounds per gallon drop on beads of 1.5 index of refraction after each has been applied side by side on heavily traveled roads for one month. . 12.3 - INSTALLATION PROCEDURES A. Layout for the installation of pavement markings will be performed by the Contractor. In the event resurfacing is completed at a time when the thermo- plastic cannot be applied, the Contractor shall install temporary paints lines as directed by the Engineer. The Contractor shall install re- quired permanent thermoplastic lines when the road surface is the appropriate temperature. The Contractor in submitting his bid, hereby agrees that he shall have no claim for any damages due to such delay other than extended time to complete the work. Application for- exten- sion of time shall be filed by the Contractor with the Engineer at least 15 days prior to the contract date of completion. The cost of any required temporary painted lines shall be included in the unit price bid for Item 12. B. Installation procedures for thermoplastic materials shall be in accordance with the following; 1. Before any work is begun, a schedule of operations shall be submitted for the approval of the Engineer. Signs, cones and other traffic control devices necessary to conform maintenance of traffic operations to the New York State Manual of Uniform Traffic Control Devices shall be on hand for the Engineers inspection prior to the .ter start of work. 26 PM - 3 of 5 H2M CORP. / HOlZMACHER. Mdi MURWA, P.C. CONSULM4 ENOINE A ANO O MONMOOTAL 800mfn THERMOPLASTIC PAVEMENT MARKINGS - CONT'D. 2. Material shall be applied to the ,pavem ent at material temper- ature no lower than 360OF nor high*r than'4200F. Installation shall *,. be done only in seasonable weather, in accordance with good practice and in accordance with the manufacturer's recommendation. Immediately after application of the thermoplastic, drop on glass spheres (top- dressing beads) shall be mechanically applied while the thermoplastic J4 still sufficiently molten, such that the spheres will be by and mechanically imbedded in the surface of the material, in order to provide immediate night reflectivity. 3. The material shall be placed in accordance with the layout lines marked by the Contractor and shall conform as closely as possible to these layout marks. 4• Qleeni_ ng E uq pment - Egapment must be provided to insure rewoval aim t, debris, and other.,foreign•.matter from the road surface immediately prior to the installation ,of the thermoplastic. 5. Condition of Pavement - The pavement shall be dry aad free from oil, diet, grease or other oreign contaminants at the time of instal- lation a d the pavement temperature shall'be above 5:5OF and ambient temperature shall be 45OF and rising. 6. Equipment for Melting and Heating Thermoplastic Material - A special kettle mounted on a mobile unit is required or malting and heating the material. Such equipment shall incorporate the following features; The kettle shall be of sufficient capacity to satisfy the minimum installation requirements of the material as specified hereafter; The kettle shall provide means of heating the material by means of thermo- statically controlled heat transfer liquid rather than by direct flame, so as to provide positive temperature control and prevent overheating of the material; suitable temperature gauges to indicate liquid and material temperatures at all times shall be provided in the kettle; The kettle shall provide means of continually agitating the material while the material is being heated; the kettle shall have means of rapidly and efficiently discharging the liquid material into appro- priate application equipment; the kettle shall be equipped and con- stru,cted in such a manner so as to satisfy the requirements of the National ®surd of Fire Underwriters and the appropriate agencies of the Mate of New York. 7. Application E ui ment - Equipment shall be provided to pi,ace the material on the pavement as a finished line. The portable .. hand operated applicator shall include the following features; PM - 4 of 5 27 Hm cw. / HoumACHm McU:N0ON 6 MURR" P.C. oa+wL'nM MMMUM mo vmwNMORAI 900M It THERMOPLASTIC PAVEMENT MARKINGS - CONT'D. The applicator shall provide agitation for the material prior to its actual installation; the applicator shall provide means of maintaining the material at its proper application temperature(not lower than 36OOF nor above 4200F) ; the applicator shall be equipped with an extrusionshoe (die) that shall maintain uniformity of speci- fied width, and thickness of not less than 3/16-inch of generally. uniform cross-section. The shoe(s) or die(s) shall be made available to the Engineer for inspection prior to the start of work; the appli- cator shall provide a means of cleanly cutting off the ends of each length; the applicator shall be capable of providing lines of vari- able widths . from 4-inches to 12-inches by use of interchangeable parts ; the applicator shall be easily maneuverable and so constructed as to permit application of curved lines; the applicator shall be provided with a bead dispenser cApable of uniformly dispensing reflective glass spheres (topdressing) at controlle4 rates of flow. The bead dispenser shall. be automatically operated in such a i3tnner that it will only dispense beads while the material is being applied. The beads shall be. dispensed at a rate of not less than one pound per 16-square feet of material. Equivalent to 1 pound per 48 L.F. of 4-inch line. The ap- plieators shall be equipped and constructed in such a manner so as to satisfy the requirements of the National Board of Fire Underwriters and the appropriate agencies of the State of New York. In addition, a truck mounted mobile applicator may be used for the installation of longitudinal lines. This pavement marking machine shall combine the specifications of the above described kettle and applicator in one self- contained unit. 12.4 - BASIS OF PAYMENT Payment shall be made under Item 12 at the price bid for the actual number of linear feet of four-inch-wide pavement marking material measured along the center of the -surface stripe. No payment will be made for the number of linear feet of space in the dashed line. Payment for markings wider than four inches will be made at contract price per foot of the four-inch line multiplied by the actual width in inches divided by four. Payment for arrows shall be made as equivalent to 60 feet of four-inch line per arrow. This item will be paid for at the contract unit price per linear feet of four-inch-wide pavement marking. The unit price bid shall include full compensation for furnishing all material, equipment, labor, and incidentals necessary to satisfactorily complete the work. All material includes topdressing beads. rt 28 PM - 5 of 5 HOLZMACHER,MCLENDON 6 MURRELL,P.C. OONSMwa ENONEEIM.lNYN10NMl11iY lCIQ111Qf MMNNl11E ADDITIONAL EXCAVATION AND BACKFILL ITEM 14 14.1 -. SCOPE The work includes the furnishing of all labor, materials, equip- ment and appliances necessary to perform, stockpile and dispose of additional excavation, furnish and place additional selective backfill, perform and dispose of rock excavation in accordance with the specs- fcations as ordered by and to the approval of the Engineer. 14.2 - SMPILINC OF SURPLUS MATERIALS The Contractor. shall stockpile all materials that are excess from ,excavations that are suitable for reuse under this section ®f the speeifieaons. - The excess materials from excavations shallbe stack- piled on property provided by and at -the expense of the Contractor. When ordered by the Engineer to provide backfill,, the Contractor shall utilize all of the material stockpiled prior to furnishing "addi- tional add -tional backfill", for which separate payment will be made. At the completion of construction, all excess materials stock- piled will become the property and responsibility of the Contractor. There shall be no payment for maintenance of the stockpile herein described nor shall there by payment for rehandling any materials in the" stockpile to incorporate it into the work. Payment shall be made only for the additional excavation required, if any, to remove unsuit- able materials from beneath normal, excavation lines. 14. 3 - DESCRIPTION 1.4,21.1 - di.tiona Back;til,l, - Shall consist of crushed stone or bank run *and and gravel, free fromorganic or other unsuitable material, and of approved size, grade and quality for use as indicated on the plans where directed by the Engineer. Prior to use, the Contractor shall submit for Engineer's approval, a sieve analysis of the sal backfill. The material shall be of such size that not more than 70 percent by weight shall pass the No. 40 mesh sieve and not more than 1S percent by weight shall pass the No. 200 mesh sieve. 14.3.1 - WItionAl ExoaVati:on -, Shall consist of .the removal and disposal of any unsuitable foundation material encountered during any pavement construction. Suitability of various materials as a foundation material will be decided by the Engineer. 6 2 AE&B 1 of 3 29 HOLZMACHER, MCLENDON&MURRELL,P.C. cowu►rna ewaMtea.EwMawENrK wu+nas.a n��s ADDITIONAL EXCAVATION AND BACKFILL (CONTD. ) 14.3. 3 - Rock Excavation - Shall be classified as boulders, hard and solid ledge rock and other similar materials of more than one-half cubic yard (h c.y. ) volume. � 14.4 - PLACING ADDITIONAL BACKFILL Additional backfill shall be spread in layers not exceeding 6-inches in thickness and shall be thoroughly compacted to prevent settlement. Any settlement in the finished work shall be made good by the Contractor at his own cost and expense. 14.5 - BASIS OF PAYMENT Payment will be made at the unit price bid under Item 14A for the actual number of cubic yards of Additional Backfill as explained in Section 14,3.1, for additional selective backfill as ordered by the Engi- neer that is not already stockpiled by the Contractor for work ordered by the Engineer outside the prescribed limits as detailed on the plans or indicated in the specifications. No measurement and payment will be made for additional backfill used in unauthorized areas. The price bid per cubic yard for additional backfill shall include necessary ex- M cavaton and disposal and shall cover the cost of all materials and expenses incidental to the furnishing, placing and compacting the addi- tional backfill in the completed work, in accordance with the specifica- tions, or the Engineer' s directions. Bids on Item 14A shall not be less than $2:00 nor more than $10.00 per cubic yard. Payment will be made under Item 14B at the unit price bid per cubic yard for additional excavation for the actual number of cubic yards removed below subgrade. Additional, excavation shall be performed only when authorized by the Engineer. Bids on Item 14B shall not be less than $2.00 nor more than $10.00 per cubic yard. Payment for rock excavation will, be made at the unit price bid for Item 14C and shall be for the.. actual, number of ,cubic yards of ledge .rock or boulders that must be removed in order to provide the proper subbase for pavement construction. In the excavation for pavement construction, the unit price to .be paid for the, rock excavation shall be the additional cost per cubic yard for rock excavation. No payment shall be wade nor shall, measurement be made b any rock or boulder removed which did not exceed one-half cubic yard (j c.y. ) *6 in volume. 2 AE&B - 2 of 3 30 HOLZMACHER, McLENDON 6 MURRELL,P.C. coww►r«a E«o«i[E«r.s«w«o«rr«rK ra[«rwn.M n�«wa+a ADDITIONAL EXCAVATION AND BACKFILL (CONT'D. ) Bids on Item 14C shall not be less than $3.00 nor more than $50.00 per cubic yard. Payment under these Items shall include furnishing all labor, mate- } rias., equipment and incidentals necessary to perform additional excava- tion, furnish and place additional backfill and perform rock excavation. r s> �S 2 AE&B - 3 of 3 31 HOLZMACHER, MCLENOON b MURRELL, P.C. / H2M CORP. CONSULTING ENGINEM AND ENVIRONMENTAL SCIENTISTS ASPHALT CONCRETE TRUING AND LEVELING COURSE ITEM 51-TL 51. 1 SCOPE Under this Item the Contractor shall furnish and place a truing- up or leveling course over. the existing pavement surface in accordance with the provisions of Item 51-TL of the "SUFFOLK COUNTY PUBLIC WORKS SPECIFICATIONS OF NOVEMBER 1, 1968", as amended. 51.2 BASIS OF PAYMENT The unit price bid per ton for this Item shall include the cost of furnishing all materials, labor and equipment necessary. to construct the truing and leveling course, as required by the Plans and as ordered by the Engineer. } D f 32 ACTL - 1 of 1 HOLZMACHER, McLENDON &MURRELL.P.C./ H2M CORP. CONSULTING ENGINEEM ANC ENWRONM UMAL SCIENTISTS ASPHALT CONCRETE, TYPE lA (TOP COURSE) ITEM 51-FZ Irk 1.0 -_ SCOPE Under this Item the Contractor shall furnish and place a one- course layer of top mix to the required thickness as shown on the plans, in accordance with the provisions of Item 51-FZ of the "SUFFOLK COUNTY PUBLIC WORKS SPECIFICATIONS OF NOVEMBER 1, 1968", as amended. 1. 1 - BASIS OF PAYMENT The unit price bid per ton for this Item shall include the Costs for all labor, equipment and materiaAs necessary to construct the top course ai required by the Plans and these Specifications. Included in the unit price bid for this Item shall be thO cost to construct all re- quired "V" grooves and the cost to thoroughly sweep clean the existing roadway surface prior to any paving operations. 1 i 33 ACTC - 1 of 1 HOLZMACHER. MCLENOON d MURRELL. P.C. / H2M CORP. CON$ULTINO ENa1NU" AND ENVIRONMENTAL OCIENT M INDEMNITY, LIMITATION OF LIABILITY 1 . INDEMNITY The Contractor and all sub-contractors performing work in connection with this contract shall HOLD - HARMLESS, INDEMNIFY and defend the OWNER and ENGINEER, their consultants, and each of their officers, agents and employees from any liability, claims, losses or damage including reason- able costs of defense arising out of or alleged to arise from the Con- tractor' s or sub-contractor' s negligence in the performance of the work described in the Contract documents, but not including liability that may be due to the sole negligence of the OWNER, ENGINEER or their officers, agents and employees. 2. .. LIMITATION OF LIABILITY ' The Contractor and all sub-contractors agree to limit the liability of the OWNER and ENGINEER due to the Engineer' s professional negligent errors or omissions such that the total aggregate liability of the engineer to those named shall not exceed fifty thousand ($50,000 . ) dollars, or 5% of the contract award amount, whichever is greater. • 1 0 0 ILL 1 of 1 MwcAlAWILK. MGLLIVIA/m ak munn&u. f.V. / eo.Lm w..r. CONSULTING ENGINEERS ANO ENVIRONMENTAL SCIENTIST! CONTRACT CONTRACT IN QUADRUPLICATE FOR AT TOWN OF SOUTHOLD, SUFFOLK COUNTY , NEW YORK , dated 4 , 19 , BY AND BETWEEN THE TOWN BOARD OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY , NEW YORK, (herein called the "Town, " and (herein called the "Contractor" ) . WITNESSETH , that the Town and the Contractor, in consideration of the premises and of the mutual covenants , considerations and agreements herein contained , agree as follows: This Contract is hereby awarded to the Contractor for the work and material called for under his bid in the Proposal section of the Contract and designated as Items: r and if required by the Consulting Engineer, Items: for the sum of: Dollars for the unit and/or lump-sum price(s) as listed in the Proposal herein . C-1 HOLZMACHER. MCLENDON 6 MURRELL. P.C. / H2M CORP. CONSULTING ENGINEER& AND ENVIRONMENTAL SCIENTIST! CONTRACT - CONT' D. 1. CONTRACT DOCUMENTS AND DEFINITIONS The Notice to Bidders, Information for Bidders, Proposal, General Conditions, Contract, Specifications and Plans, together with any Addenda , shall form part of this Contract , and the pro- visions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. The titles, headings, head- lines 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 Docu- ments" is used, it shall mean and include this Contract , the Plans, Specifications, any Addenda, and the Notice to Bidders, Information for Bidders, General Conditions and Proposal . In case of any con- flict or inconsistency between the provisions of the Contract and those of the Specifications, the provisions of the Contract shall govern. WORK: The ' term "Work" , as used herein, refers to 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 completed project , and includes all plant , labor, materials, supplies, equipment and other facilities and acts necessary or proper for or incidental to the carrying out and completion of the terms of this Contract. The term "work performed" shall be construed to include material delivered to and suitably stored at the site of the project. EXTRA WORK: The term-"Extra Work" , as used herein, refers to and includes all work required by the Town which, in the judgment of the Engineer , involves changes in or additions to work required by the Plans, Specifications and any Addenda in their present form. SUBCONTRACTOR: The term "Subcontractor" , as used herein, shall mean any person, firm or corporation applying labor and material for work at the site of the project , but not including the parties to this Contract. ENGINEER: In the performance of the work, the Town shall be represented by its Consulting Engineer HOLZMACHER, McLENDON & MURRELL$ P.C. , (herein called the "Engineer") . C-2 HOIIMACHER. McLENDON & MURRELL. P.C. / H2M CORP. CONSULTING ETIQINE[Ai AND ENVIRONMUffAL SCIENTIST! CONTRACT - CONT'U. 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 the last known business address of , the person, firm or corporation for whom intended or to his, their, or its duly authorized agents, representatives or officers, or when enclosed in a postage prepaid wrapper or enve- lope addressed to such person, firm or corporation at his, their, or its last known business address and deposited in a United States Mail Box. 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, designa- tion or prescription of the Engineer, and "approved", "satisfied" , or "satisfactory" , "in the judgment of" , and words of like import, shall mean approved or acceptable to, or satisfactory to, in the judgment of the Engineer. 2. SCOPE OF THE WORK • The Contractor will furnish all plant , labor , material, 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 the Contract . 3. COMPENSATION TO BE PAID TO THE CONTRACTOR (a) Agreed Prices : It is understood and agreed that the Con- tractor 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 reason of variations from the estimated quantities set forth in the Proposal. (b) Extra Work and/or Changes : The Town may, at any time, by a written order, and without notice to the sureties, require the .j 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 : C-3 HOLZMACHER, McLENOON 6 MURRELL. P.C. / H2M CORP. CON3UMNO 0401H AS ANO [NVIRONMO'TAL 9CIpMM CONTRACT - CONT'D. (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 prices or by a lump sum mutually agreed upon by the Town and the Con- tractor, or (3) If no such unit prices are 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, or 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 percent (20%) as full compensation for all other items of profit , costs and expenses, including administration, overhead, superintendence, insurance, insurance other than Workmen 's Compen- sation Insurance, material used in temporary structures, allowances made by the Contractor to subcontractors, additional premiums upon the Performance Bond of the Contractor and the use of small tools. 4 . TIME OF ESSENCE Inasmuch as the provisions of this Contract relating to the time for 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 pro- visions are of the essence. of this Contract. 5. COMMENCEMENT OF WORK The Contractor agrees that he will commence work within ten <10) consecutive calendar days after signing this Contract, and that the day tie commences work shall constitute the first of the consecutive calendar days allowed for completion of the work. J C-4 HOLZMACHER, MCLENDON&MURREU, P.C. / H2M CORP. CONSULTING ENGINEER/ AND ENMONMENTAL SCIENTISTS CONTRACT - CONT'D. 6. TIME FOR COMPLETION The time for completion of this Contract shall be within the number of calendar days stated in the Bid Proposal and the date of such compl6tion shall be the date of the certificate of com- pletion hereinafter specified. The Town reserves the right to order the Contractor to suspend operations when, in the opinion of the Engineer, impro- per weather conditions make such action advisable, and to order the Contractor to resume operations when weather and ground con- ditions permit. The days during which such suspension of work is in force are not chargeable against the specified completion time. 7. LIQUIDATED DAMAGES FOR DELAY The time limit being essential to and of the essence of this Contract , the Contractor hereby agrees that the Town 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 two hundred and fifty dollars ($250.CO) per day 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 Town 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, provided, however, that the Town 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 completiqn of his 4 work by reason of unforeseeable causes beyond his control and with- 2 out his fault, or negligence, including but not restricted to Acts ,of God or of any public enemy, acts or neglect of the Town ) acts or neglect of any other Contractor, fires, floods, epidemics, quarantine restrictions, strikes, riots, civil commotion 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 Town. No such extension of time shall be considered a waiver by the Town of its right to terminate the Contract for abandoomont or delay by the Contractor as hereinafter provided or relieve the ` Contractor from full responsibility for performance Of his obliga- tions hereunder. C-5 RT HOLZMACHER, MCLENDON & MURRELL, P.C. / H2M CORP. CONSULTING ENOINEERIII AND ENVIRONMENTAL SCIENTIS" CONTRACT - CONN" 1). 9. CONTRACT SECURITY (a) The Contractor shall furnish a Performance Band in an amount equal to one hundred percent ( 100%) of the total. contract price as security for the faithful performance of this contract , and for the payment of all persons performing labor or furnishing mater- ials in connection with this Contract . (b) Additional or Substitute Bond : If, at any time, the Town shall be or become dissatisfied with any surety or sureties, then upon the Performance Bond, or if , for any other reason , such bond shall cease to be adequate security to the Town , the Contractor shall , within five (5) days after notice from the Town , substitute an acceptable bond in such form and sum, and signed by such other surety as may be satisfactory to the Town. The premiums on such bonds shall be paid by the Contractor. No further payments shall be deemed due, nor shall be made until the new surety shall have been qualified. (c) Prior to release of the Performance Bond , the Contractor shall deliver ' to the Town a Maintenance Bond equal to one hundred percent (100%) of the total Contract price, including all extras. This Maintenance Bond shall remain in full force and effect for a period of one (1 ) year after the date of the final certificate and such bond, which shall be executed by the Contractor and issued by a reliable, solvent surety company authorized to do business inthe State of New York shall guarantee to the Town that the Contractor shall promptly remedy any defects or faults that may occur within twelve (12) months after completion and acceptance of the work performed by the Contractor pursuant to this Contract. I 10. CONTRACTOR'S INSURANCE The Contractor shall not commence any work until he has obtained and had approved by the Town all of the insurance required under this Contract , as enumerated herein : Compensation Insurance Public Liability and Property Damage Insurance Contractor's Protective Liability and Property Damage Insurance Owner' s (Town of Southold) and Engineer' s Pro- tective Public Liability and Property Damage Insurance ~ Automobile Public Liability and Property Damage Insurance C-6 HOUMACHER, MCIFNDON 6 MURR" P.C. / H2M CORP. CONlUITINO ENGINEERS AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT' D. The Contractor shall not permit any subcontractor to commence any operation on the site until satisfactory proof of carriage of the above required insurance has been posted with, and approved by, the Town. (a) Compensation Insurance: The Contractor shall take out and maintain, during the life of this Contract, Workmen's Compensation Insurance for all of his employees employed at the site of the pro- ject , and in any case of any of the work being sublet, the Contractor shall require the subcontractor similarly to provide Workmen's Com- pensation Insurance for all of the latter's employees, unless such employees are covered by the protection afforded by the Contractor. (b) Public Liability and Property Damage Insurance: The Con- tractor shall take out and maintain during the life of this Contract such Public Liability and Property Damage Insurance as shall pro- tect him and any subcontractor performing work covered by this Contract for 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, whether such opera- tions be by himself or by any subcontractor, or by anyone directly or indirectly employed by either of them, and the amounts of such insurance shall be as follows: Public Liability Insurance in the amount not less Man Five Hundred Thousand Dollars ($500,000. ) for bodily injuries, including wrongful death to any ones person, and subject to the same limit for each person in an amount not less than One Million Dollars ($1,000,000. ) on account of one apcident. Property Damage Insurance in an amount not less than One Hundred Thousand Dollars ($500,000. ) for damages on account of any one accident and in an amount of not less than Two Hundred Thousand Dollars ($1 ,000,000. ) for damages on account of all accidents. (c) Liability and Property Damage Insurance: The above policies for public liability and property damage insurance must be so written as to include Contractor's Protective Liability and Property Damage Insurance to protect the Contractor against claims arising from the operations of any subcontractor. ti V C-7 HOLZMACHER, MCLENDON & MURRELL. P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONV D. (d) Owner's and/or Engineers Protective Public Liability and Property Damage Insurance: (Town and/or Town Board, Town of Southold and/or Holzmacher, McLendon & Murrell, P.C. ) The Con- tractor shall furnish to the Town with respect to the operations '* he or any of his subcontractors perform, a regular Protective Public Liability Insurance Policy for and in behalf of the Town and/or Town Board, Town of Southold and/or Holzmacher, McLendon & Murrell, P.C. , providing for a limit of not less than $500,000. for all damages arising out of bodily injuries to, or death of one person and subject to that limit for each person, a total limit of $1,000,000. for all damages arising out of bodily inju- ries to, or death of, two or more persons in any one accident ; and regular Protective Property Damage Insurance providing for a limit of not less than $500,000. for all damages arising out of injury to, or destruction of, property in any one accident and subject to that limit per accident a total (or aggregate) limit of $1 , 000,000. for all damages arising out of injury to, or des- truction of property during the policy period. The insurance must fully cover the legal liability of the Town and/or Town Board, Town of Southold as owner and/or Holzmacher, McLendon & Murrell, P.C. The coverage provided under this policy must not be affected if the Town and/or Engineer performs work in connection with the project either for , or in cooperation with, the Contractor or as an aid there- to, whether the same be a part of the Contract or separate there- from, by means of its own employees or agents, or if the Town and/or Engineer directs or supervises the work to be performed by the Contractor. (e) Automobile 'Public Liability and Property Damage Insurance: The Contractor shall take,,-out and maintain during the life of the Contract such automobile public liability and property damage insurance as shall protect him and any subcontractor performing work covered by this contract 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 Con- tract, whether such operations be by himself or by any subcontractor, or by anyone directly or indirectly employed by either of them and the am-ounts of sucf, insurance shall be as follows: C-8 HOLZMACHER. MCLENDON & MURRELL. P.C. / H2M CORP. CON3ULTINO ENGINEERS ANO ENVIRONMENTAL HCIENTIM CON'CFtAC'1 - CONT' D. Automobile Public Liability Insurance in an amount not less than Five hundred Thousand Dollars ($500,000. ) for bodily injuries , _ including wrongful death by any one person, and subject to the same limit for each person in an amount not less than One Million ._ Dollars ($1,000,000. ) on account of one accident. Automobile Property Damage Insurance in an amount of not less than One Hundred Thousand Dollars ($100,000. ) for damages on account of any one accident and in an amount of not less than Two Hundred Thousand Dollars ($200,000. ) for damages on account of all accidents. 11 . PROOF OF CARRIAGE OF INSURANCE The Contractor shall furnish the Town with certificates of each insurer insuring the Contractor or any subcontractor under this Contract , except with respect to subdivision (d) of Paragraph 10. In respect to this paragraph, the Contractor shall furnish the Town with the original insurance policy and a copy to the Engineer. Both certificates, as furnished, and the insurance policy, as required, shall bear the policy numbers, the expiration date of the policy and the limit or limits of liability thereunder. Both the certificates and the policy shall be further endorsed to provide the Town and Engineer with any notice of cancellation at least five (5) days prior to the actual date of such cancellation. C-9 HOLZMACHER, MCLENOON 6 MURRELL. P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTIM CONTRACT - CONT' D. 12. COMPLIANCE WITH LABOR AND PENAL 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 Laws, as amended, provide 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 con- templated by this Contract, shall be permitted or required to work more than eight (8) hours in any one 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, except in such emergency; that the wages to be paid for a legal day's work as hereinbefore defined, to laborers, workmen, or mechanics upon the work called for under this Con- tract, or for any materials 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 outside the limits of cities and villages are no longer exempt from the pro- visions of the Labor Law which required the payment of the pre- vailing rate of wages and the eight (8) hour day. Section 222 of the Labor Law, as amended by Chapters 556 and 557 of the Laws of 1933, provides that preference in employ- ment 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 satis- factory 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 Con- tractor 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 (30) days nor more than ninety (90) days, or both fine and imprisonment. C-10 HWMACHER. McLENDON 6 MURK" F.C. / H2M CORP. CONSULTING ENOINELAG AND ENVIIIONMOiTAI 9CIENTIfTs CONTRACT - CONT'D. Section 220A of the Labor Law, as amended by Chapter 472 of the Laws of 1932, provides that before payment to is made byVillage or on behalf of the State or any City, County, Town or other civil division of the State, of any sums due on --�+1► 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 sub- contractor to file a certified statement in writing, in satis- factory 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 Contract, 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 payment to any Contractor or subcontractor to the extent of the amount or 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 other reason, it may be deemed advisable, the Comptroller of the State or other financial officer of the Municipal Corporation may deduct from the whole amount of any payment on account thereof the sum or sums admitted by any Contractor or subcontractor in such statement or statements so filed to be due and owing by him on account of labor per- formed 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 Con- tractor 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, recon- struction, maintenance and/or repair of highways to which the State, County, Town and/or Village is a party shall contain the provision stating the minimum rate of hourly wage that can be 6 paid, as shall be designated by the Industrial Commissioner, 2 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 C-11 HOLZMACHER. McLENDON d MURK" P.C. 1 H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT'D. 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 by both 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 or 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 Com- missioner, State of New York, for this Contract , are as set forth in the Information for Bidders. Section 1918 of the Penal Law, as amended, provides that 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 of such street, highway or public place, or in the case of a proposed discharge 4f explosives within a radius of two hundred feet of such discharge, any pipe of any person, corporation or municipality conveying combustible gas, and if 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 disharge explosives to protect a person or persons from an immediate and substantial danger of death or serious personal in- jury if such notices are given before any such discharge is under- taken. Any such work shall be performed in such manner as to avoid damage to pipe conveying combustible gas. Any violation of the provisions of this Section shall be a misdemeanor. C-12 HOLZMACHER. MGLENDON & MURRELL. P.C. / H2M CORP. CON3ULTINO CNOINEEAS AND ENVIRONMENTAL SCIENTIM CONTRACT - CONT" 1). 13. QUALIFICATIONS FOR EMPLOYMENT " ` No person under the age of sixteen ( 16) years , and no person currently serving sentence in a penal or correctional institution shall be employed to perform any work on the project under this Contract . No person whose age or physical condition is such as to make his employment dangerous to his health or safety , or the health and safety of others, shall be employed to perform any work on this project ; provided, however, that such restriction shall not operate against the employment of physically handi- capped persons, otherwise employable, where each person may be safely assigned to work which they can ably perform. 14 . NON-DISCRIMINATION There shall be no discrimination because of race, creed or color in the employment of persons for work under this Contract , whether performed by the Contractor or any subcontractor. Neither shall the Contractor or any subcontractor discriminate in any manner against or intimidate any employee hired for the perform- ance of work under this Contract on account of race , creed or color. There may be deducted from the amount payable to the Con- tractor by the Town 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 Con- tract may be canceled or terminated by the Town and all monies due or to become due hereunder may be forfeited. 1.5. PAYMENT OF EMPLOYEES The Contractor and each of his subcontractors shall pay each of his employees engaged in work on this project tinder this Contract in full ( less deductions made mandatory by law) in cash and not less often than once each week. 1 C-13 u HOLZMACHER, McLENDON&MURRELL.P.C. CONTRACT - CONT'D. 16. ESTIMATES AND PAYMENTS (a) Monthly: At the end of each calendar month during the progress of the work, the Engineer shall make up an approximate estimate of the work done and the materials furnished, based upon the prices set forth in the Proposal. In consideration of the work done and the materials furnished, the Town will pay or cause to be paid to the Contractor the amount estimated by the Engineer as due him less a sum equal to five percent (SX) of such amount and less such additional amount as may be necessary to satisfy any claims, liens or judgments against the Contractor which have not been suitably discharged. The making of any such estimate or payment made thereon shall not be taken or construed as an acceptance by the Engineer or the Town of any work so estimated and paid for. The amount of the monthly estimate remaining unpaid will be retained by the Town as a guarantee that the Contractor will faithfully and completely fulfill all obligations imposed by the Contract and Specifications, and against any damages incurred by the Town by reason of any failure on the part of the Contractor to fulfill all conditions and obligations herein contained. All partial payments are subject to correction in any subse- quent payment. The retained amounts shall be paid as set forth in 16b. The Contractor shall receive payment within ten (10) days after the Town receives payment from the New York State Department of Transportation. T (b) Final Certificate: Thirty (30) days after the Contractor shall ' have substantially completed the work required of it under the Contract, the Engineer will prepare a final certificate of the remaining amount of • the Contract balance less a sum equal to two (2) times the value of any remaining items to be completed and less an amount necessary to satisfy any claims, liens or .judgments against the items of work are satisfactorily completed or corrected, the Town shall promptly pay, upon receipt of a requisition for these items less an amount necessary to satisfy any claims, liens or judgments against the Contractor which have not been suitably discharged. Any claims, liens and judgments referred to in this section shall pertain to the project and shall be filed in accordance with the terms of the applicable Contract and/or applicable laws. The Contractor shall receive payment within ten (10) days after the Town receives payment from the New York State Department of Transpor- tation. (c) In order to secure the performance of the convenant of the Contractor, prior to release of the Performance Bond, the Contractor shall deliver to the Town a Maintenance Bond equal to one hundred percent (100X) of the total Contract price, including all extras. This Maintenance Bond shall remain in full force and effect for a period of one (1) year after the date of the final certificate and such bond, which shall be executed by the Contractor and issued by a reliable, solvent surety company authorized to do business in the State of New York shall guarantee to the 8 Town that the Contractor shall promptly remedy any defects or faults that g2 may occur within twelve (12) months after completion and acceptance of the work performed by the Contractor pursuant to this Contract. C-14 HOLZMACHER, MCLENOON 6 MURRELL, F.C. / H2M CORP. CONSULTING ENGINEER& AND ENVIRONMENTAL SCIENTIM CONTRACT - CONT' D. (d) Measurements for Payment : The Engineer shall make due measurement of the work done during the progress of the work and his estimate shall be final and conclusive evidence of the amounts of work performed by the Contractor under, and by virtue of , this agreement , and shall be taken as the full measure of compensation to be received by the Contractor. When requested by the Contractor, the Engineer shall measure, re-measure or re-estimate any portion of the work ; but the expense of such re-measurement or re-estimating shall , unless material error be proved , be paid for by the Contractor. 17. 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 Town from all claims and all liabilities to the Contractor for all things done or furnished in connection with this work and for every act and neglect of the Town and other relating to, or arising out of , this work, excepting the Contractor's claims for interest upon the final payment , if this payments be improperly delayed. No payment , however, final or otherwise, shall operate to release the Contractor or his sureties from any obligations under this Contract or the Performance Bond. 18. CONSTRUCTION REPORTS The Contractor shall submit to the Engineer prior to the commencing of any work under this Contract a detailed schedule and plan of operation, indicating the manner in which the Contractor proposes to prosecute the work, and a time schedule therefore. 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 Contractor shall furnish the Engineer with periodic esti- mates for partial payments as required elsewhere in the Contract documents and, in addition thereto , will furnish the Engineer with a detailed estimate for final payment . Prior to being eligible to receive 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 other than the Town as may be required by such existing laws or regulations . C-15 HOLIMACHER, McLENDON 6 MURRELI, P.C. / H2M CORP. CON3ULTINO Q/OINEEAs ANO ENVIRONMENTAL BCIENTIM CONTRACT - CONT' D. 19. INSPECTION AND TESTS All material and workmanship shall be subject to inspection, examination and test by the Engineer and other representatives of the Town at any time during the construction and at any and all places where manufacturing of materials used and/or construct- tion is carried on. Without additional charge, the Contractor shall furnish promptly all reasonable facilities , labor and materials neces- sary to make tests so required safe and convenient . If, at any time, before final acceptance of the entire work, the Engineer considers necessary or advisable an examin- ation 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 expenses of or 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 examin- ation and reconstruction in the manner herein provided for the payment of costs of extra work. The selection of laboratories- and/or agencies for the in- spection and tests of supplies, materials or equipment shall be subject to the approval of the Engineer. Satisfactory documen- tary evidence that the material has passed the required inspec- tion and test must be furnished the Engineer prior to the incor- poration of the material in the work. Any rejected work shall be removed from the site of the project completely at the expense of the Contractor. C-16 HOIZMACHER, MGLENDON &MURRELL. P.C. / H2M CORP. CONSULTING ENOINEEAS AND ENVIRONMCHTAL SCIENTISTS CONTRACT - CONT' D. 20. 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 on the Plans shall have the same effect as if shown or mentioned respectively in both. In case of any conflict or inconsistency between the Plans and Specifications , the Plans shall govern. Any discrepancy between the figures and specifications shall be submitted to the Engineer, whose decision therein shall be conclusive. 21. SUBSURFACE CONDITIONS FOUND DIFFERENT Should the Contractor encounter subsurface conditions at the site materially differing from those shown on the Plans or indi- cated 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 . 22. CONTRACTOR'S TITLE TO MATERIALS No material or supplies for the work shall be purchased by the Contractor or by 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. 23. SUPERINTENDENCE BY CONTRACTOR At the site of the work the Contractor shall employ a Con- struction Superintendent or foreman who shall have full authority to act for the Contractor. It is understood that such represen- tative 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. C-17 HOLZMACHER, MGLENDON 6 MURRELL. P.C. / H2M CORP. CONOULTINO ENGINEERS AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT' D. 24 . PROTECTION OF WORK, PERSONS AND PROPERTY Precaution shall be exercised at all times for the proper protection of all persons , property and work. The safety pro- visions 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 Town or its Engineer to adequately safeguard the traveling public. The Contractor shall give notice to the owners of all utilities which may serve the area and request their assistance in pre- determining the location and depth of the various pipes , conducts , manholes and other underground facilities . 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 Town or its duly authorized representatives . The Contractor shall provide and maintain such watchmen, barriers , lights , flares and other signals , at his own expense, as will effectively prevent any accident in consequence of his work for which the Town might be liable. The Contractor shall be liable for all injury or damage caused by his act or neglect, or that of his employees: 25. PATENT RIGHTS As part of his obligation hereunder and without any ad- ditional 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 Town for any loss on account of any infringement of any patent rights , unless prior to his use in the work of a particular process or a product of a particular manufacturer, he notifies the Town in writing that such process or product is an infringement of a patent. C-18 NOLZMACHER, McLENDON 6 MURRELL, P.C. / H2M CORP. CONSULTING E]NOINEFR• AND ENVIRONMENTAL 9CIENTISTD CONTRACT - CONT' D. 26. REPRESENTATIONS OF CONTRACTOR The Contractor represents and warrants : (a) That he is financially solvent and that he is experienced in and competent to perfrom 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 lie is familiar with all Federal , State and Municipal Laws , 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 it is intended and that such construc- tion 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 investigation he has satisfied himself as to the nature and location of the work, the character, location, quality and quantity of surface and sub- surface materials , structures and utilities likely to be encountered, the character of equipment, and other facilities needed for the performance of the work, the general local conditions which may in any way affect the work or its performance. 27. 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 all 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 d her questions in connection with the work. Upon request , the Engineer shall confirm in writing any oral orders , directions , requirements or determinations . The enumeratioi herein or elsewhere in the contract documents of particular instances in which the opinion, judgment, 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 so performed, but without exception all the work shall be governed and so performed. C-19 • Z44u HOLZMACHER, MCLENDON R MURRELL,P.C. CpNSULTiNOENWNEEM.ENVNgNMENTAL/GENTHTB-dPLANNEM CONTRACT - CONT'D 28. SURVEYS The Engineer will furnish the Contractor with the ben.chma.rks necessary to complete the work. All further layout of lines and grades > will be the responsibility of the Contractor 29. CHANGES AND AC,TERATIONS The Town reserves the right to make alterations in the location, line, grade, plans, form or dimensions of the work, or any part thereof, either before or after the commencement of the construction. If such alterations diminish the amount of work to be done, no claim for damages or' anticipated profits will he warranted on the work which may be dispensed with. If such alterations increase the amount of work, sudh 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. 30. CORRECTION OF WORK All work and all materials, whether incorporated into the work or not, all processes of manufacture and all methods of con- struction shall be, at all times and places, subject to the in- spection 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. Rejected materials shall im- mediately be removed from the site. 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 judgment of the Engineer, shall be equitable. The Contractor expressly warrants that his work shall be 6 free from any defects in materials or workmanship, and agrees J` to correct any defects, settlements, or shrinkages which may appear within one year following the date of the final certi- ficate. Neither the acceptance of the completed work nor SOHT C-20 81-01 HOLZMACHER, MtLENDON 6 MURRELL. P.C. / H2M CORP. CONSULTING ENGINELRA AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT' D. payment therefor shall operate to release the Contractor or his sureties from any obligations under or upon this Contract or the Performance Bond. 31. WEATHER CONDITIONS In the event of temporary suspension of the 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 materials shall have been damaged or injured by reason of the failure on the part of the Contractor or any of his subcontractors to protect his , or their work, such work and materials shall be removed and replaced at the expense of the Contractor. 32. THE TOWN'S RIGHT TO WITHHOLD PAYMENTS The Town may withhold from the Contractor so much of any approved payments due him as may , in the judgment of the Town, 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 Town from loss. due to defec- tive work not remedied, or (c) To protect the Town 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 Town shall have the right, as agent for the Contractor, to apply any such amounts so withheld in such manner as the Town may deem proper to satisfy such claims or to secure such protection. Such application of such money shall be deemed payments for the account of the Contractor. r C-21 HOLZMACHER, MGLENOON 6 MURRELL, P.C. / H2M CORP. CONSULTING ENGINEERA AND ENVIRONMENTAL SaCNTISTS CONTRACT - CONT' 1). 33. THE TOWN 'S MIGHT TO STOP WORK OR TERMINATE CONTRACT: IF, (a) The Contractor shall. be adjudged bankrupt or make an assignment for the benefit of creditors , or (b) A receiver or liquidator shall be appointed for the Contractor for any of his property and shall not be dismissed within 20 days after such appointment , or the proceedings in connection therewith shall not be stayed on appeal within the said 20 days , or (c) The Contractor shall refuse or fail. , after notice or warning from the Engineer, to supply enough properly skilled workmen or proper materials, or (d) The Contractor shall refuse or fail to prosecute the work or any part thereof with such diligence as will insure its completion within the period herein specified (or any duly authorized extension thereof) or shall fail to complete the work within said period , or (e) The Contractor shall. fail to make prompt payment 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 provision of this Contract , then, and in any such event , the Town, without prejudice to any other rights or remedy it may have, may by seven (7) days notice to the Contractor, terminate the employ- ment of the Contractor and'-his rights to proceed either as to the entire work or (at the option of the Town) 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 Town may deem expedient . In such case, the Contractor shall 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. C-22 F1ULAJWA' t1LM, Mt;LLJtLPJ V Ok ft*UKKLLA, r.t.. / f14M tANtr. CONIULTINO CNOINEEAS AND ENVIRONMENTAL BCIETITIfTS CONTRACT - CONT' U. If such expense shall exceed the unpaid balance, the Contractor and his sureties shall be liable to the Town for such excess. If the right of the Contractor to proceed with the work is so terminated, the Town 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 Town does not so terminate the right of the Contractor to proceed, the Contractor shall continue the work. 34. CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT If the work shall be stopped by order of the Court or any other public authority, for a period of three months without act or fault of the Contractor or of any of his agents , servants , em- ployees or subcontractors , the Contractor - may, upon ten (10) days notice to the Town, discontinue his performance of the work and/or terminate the Contract , in which event the liability of the Town to the Contractor shall be determined as provided in the paragraphs immediately preceding, except that the Contractor shall not be obligated to pay to the Town any excess of the expense of completing the work over the unpaid balance of the compensation to be paid to the Contractor hereunder. 35. RESPONSIBILITY OF WORK t The Contractor agrees to be responsible for the entire work embraced in this Contract until its completion and final acceptance, and that any unfaithful or imperfect work that may become damaged from any cause, either by act of commission or omission to properly guard and protect the work that may be dis- covered at any time before. the completion and acceptance shall be removed and replaced by good and satisfactory work without any charge to the Town 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 of any work by the Engineer at or before the time of a partial payment -or other estimate shall not be construed to be an acceptance of any defective work. C-23 HOLZMACHER. McLENDON d MURRELL. 1O.C. / H2M CORP. CON3ULTINO ENOINELRS AND ENVIRONMENTAL SCIENTIST! CONTRACT - COW, i). 36. USES OF PREMISES AND REMOVAL OF DEBRIS The Contractor expressly undertakes at his own expense: (a) to take every precaution against injury to persons or damages to property ; (b) to store his apparatus , materials , supplies and equip- ment 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 ; or other contractors ; (c) to place upon any of the completed work only such super- imposed loads as are consistent with the safety of that portion of the work; (d) 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 and orderly and workmanlike appearance ; (e) before final certificate, to remove all surplus material, temporary structures , plants of any description and debris of any and every nature resulting from his operations and to put the site in a neat and orderly condition. 37 POWER OF THE CONTRACTOR TO ACT IN AN EMERGENCY In case of an emergency which. threatens loss or injury to property and/or safety to life, the Contractor will be permitted to act as he sees fit without previous instructions from the En- gineer. He shall notify the Engineer thereof immediately there- after 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 in- structed by the Engineer. The amount of reimbursement claimed by the Contractor on account of any such action shall be determined MAL in the manner provided herein for the payment of extra work. C-24 "U"MALHtN, MCLLNE)()N 4 MUNNtLI. F.C. / HZM UMP'. CON3ULTINO CHOINEEAS AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT' t). 38. SUITS AT LAW o, The Contractor shall indemnify and save Harmless the Town from and against all suits , claims , demands or actions for any injury sustained or alleged to be sustained by any party or parties in connection with the construction of the work or any part thereof, or any commission or omission of the Contractor, his employees or agents or any subcontractors and in case any such action shall be brought against the Town, the Contractor shall immediately take care of and defend the same at his own cost and expense. 39. 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 be read and 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 forthwith be physically amended to make such insertion. • 40. 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 obtain- ing the written consent of the Town. This Contract shall endure to the benefit of and shall be binding upon the parties hereunder and upon their respective successors and assigns, but neither party shall assign or transfer his interest herein in whole or in part without consent of the other. 41. WAIVER OF IMMUNITY If any person, corporation, or body contracting with the Town, who when called before a grand jury , head of a city department , or other agency, which is empowered to compel the attendance of wit- ness and examine them under oath, to testify in an investigation concerning any transaction or contract had with the state, any polit- ical subdivision thereof , a public authority or with any public ... department , agency or official of the state or of any political sub- division thereof or of a public authority, refuses to sign a waiver +� of immunity against subsequent criminal prosecution or to answer any relevant question concerning such transaction or contract , then C-25 CON3ULTINO ENGINEER& ANO ENVIRONMENTAL SCIENTIST! CONTRACT - CONT' 1). (a) such person , and any firm, partnership or corporation of which he is a member, partner, director or officer shall be disqual- ified from thereafter selling to or submitting bids to or receiving awards from or entering into any contracts with any municipal corp- oration or fire district , or any public department , agency or official thereof, for goods , work or services , for a period of five years after such refusal (b) any and all contracts made with the Town or any agency or official thereof, 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 Town 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. S �t C-26 HLXLMACHLN, MCLLNUUN 4 MUNNLLL. N.l.. / ","A wnr. CONSULTING ENGINEER! AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT' D . IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. TOWN OF SOUTHOLD w BY: (TOWN SEAL) William R. Pell III , Supervisor (SEAL) Contractor BY: TITLE: STATE OF NEW YORK ) ) ss : COUNTY OF SUFFOLK ) On the day of_ 19__, before me personally came William R. Pell III , to me known, who being by me duly sworn, did depose and say that he is the duly elected Supervisor of the Town of Southold, County of Suffolk, New York , and that at a meeting of the r Town Board of the Town of Southold, duly held on the day of 19 the said Board, authorized the said Super- visor to execute all and any contracts on behalf of the Board; that he knows the seal of the said Town, that the Seal affixed to the foregoing instrument is its corporate seal ; that it was affixed thereto by order of the said Board , and that he signed his name thereto and executed the said instrument on behalf of the said Town by like order and authority . NOTARY PUBLIC r C-27 t1\JL<.w/\\+1 ILI\1 n1\•�I•W1• YI ...VI\1\L W. 1 •r. I 11�'.. W.\1 CONSULTING ENGINEER& ANO ENVIRONMENTAL SCIENTIS" CONTRACT - CONT' D. ACKNOWLEDGMENT OF CONTRACTOR , IF A CORPORATION STATE OF NEW YORK) S S: } COUNTY OF ) v. On this day of 19 before me personally came and appeared to me known, who by me being duly sworn, did depose and say that he resides at that he is the of the Corporation described in and which executed the foregoing in- strument , that lie knows the seal of said corporation, that one of the seals affixed to said instrument is such seal , that it was so affixed by order of the Directors of said corporation, and that he 1 signed his name thereto by like order. NOTARY PUBLIC ACKNOWLEDGMENT OF CONTRACTOR IF A PARTNERSHIP STATE OF NEW YORK) SS: COUNTY OF ) On this day of 19 before me personally came and appeared to me known, and known to me to be one of the members of the firm of , described in and who executed the foregoing instrument , and lie acknowledged to me that he ex- ecuted the same as and for the act and deed of said form. i NOTARY PUBLIC C-28 a A I• 1 I lie 1 HOLZMACHER,McLENDONandMURRELL,P.C. } Consulting Engineers. Environmental Scientists and Planners Melville.N.Y. Farmingdale.N.Y. FlIverhead.N.Y. M* _ + S 1 TOWN OF SOUTHOLD SUFFOLK COUNTY NEW YORK CONTRACT AND SPECIFICATIONS FOR RESURFACING OF SOUND AVENUE AT THE WESTERN TOWN LIMIT PROJECT NO. SOHT 81-01 1 TOWN BOARD Supervisor William R. Pell III Councilmen I -r-y" W.. Murdock John J. Nickles Frc s `T, Murphy Joseph L. Townsend, Jr. 4 •r Justice Raymond W. Edwards, Jr. SUPT. OF HIGHWAYS TOWN CLERK Raymond C. Dean Judith T. Terry SEPTEMBER: 1982 i HOLZMACHER,McLENDON andMURRELL,P.C. Consulting Engineers. Environmental Scientists and Planners Melville,N.Y. Far"*KK ale.N.Y. Warhead.N.Y. 2� HOtZMACHER, MCLENDON 6 MURRELL,P.C. -- WNWATMO ENOMKIM.ENVMONWOOTM WON"Mftd/MNNEIIt INDEX '1l TOWN OF SOUTHOLD RESURFACING OF SOUND AVENUE AT THE WESTERN TOWN LIMIT PROJECT NO. SOHT 81-01 PAGE NO. INDEX I - 1 page NOTICE TO BIDDERS NB - 1 page INFORMATION FOR BIDDERS IB - 12 pages PROPOSAL P-A through P-D GENERAL CONDITIONS GC - 6 pages ITEM SECTION PAGE NO. NO. SECTION CODE NO. -- 0 General Specifications GS (11 pages) 1 5 5 Pavement Restoration & Replacement PRR (4 pages) 12 10 10 Maintenance & Protection of Traffic MPT (6 pages) 16 11 11 Tack Coat TC (2 pages) 22 12 12 Thermoplastic Pavement PM (5 pages) 24 Markings 14 14 Additional Excavation & Backfill AE&B (3 pages) 29 51 TL 51 TL Asphalt Concrete Truing & Leveling ACTL (1 page) 32 5l FZ 51 FZ Asphalt Concrete Type 1A (Top Course) ACTC (1 page) 33 INDENNI.TYr LIMITATION OF LIABILITX ILL (1 page) -- CONTRACT C - (28 pages) -- I-1 HOLZMACHER, McLENDON&MURRELL,P.C. ppMEULTNq EMQW16M.aNVW 01"WAL BM"TNR�d NAWAN NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN that SEALED BIDS will be received by the Town Clerk of the Town of Southold at the Town Hall, Main Road, Southold, New York, until 11:00 A.M . , prevailing time, on Thursday, September 30, 1982 at which time and place they will be publicly opened and read for the following contract: RESURFACING OF SOUND AVENUE AT THE WESTERN TOWN LIMIT Plans and specifications may be obtained at the Town Hall and offices of the Consulting Engineers, HOLZMACHER, McLENDON & MURRELL, P.C. 209 West Main Street, Riverhead, New, York, 11901, and Suite 140, 125 Baylis Road, Melville, New York, 11747, upon' deposit of twenty-five ($25.00) for each set furnished. , Deposits will be refunded to bidders who return the plans and spec- ifications within ten (10) days in good condition; other deposits will either be partially or not refunded if the Specifications have not been returned in good condition within thirty (30) days after bids have been opened. Each Proposal must be accompanied by a certified check or bid bond in the amount of five percent (5%) of the total bid, made payable to William R. Pell, III, Supervisor, Town of Southold, as set forth in the Information to Bidders. The Town reserves the right to reject any or all bids, to waive any informalities and to accept such alternate bid which, in the opinion of the Town Board, will be in the best interests of the Town. BY ORDER OF THE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK JUDITH T. TERRY, TOWN CLERK TOWN OF SOUTHOLD ~ SOUTHOLD, NEW YORK 11971 DATED: SEPTEMBER 7 , 1982 NB-1 t-J2u HOLZMACHER. McLENDON&MURRELL.P.C. ■ '� CONGUlTMU ENGINECA&AWWW MENTAL fC1EWOM rd KAW& b INFORMATION FOR BIDDERS BIDS FOR PROJECT The Town of Southold will, receive SEALED PROPOSALS for Resurfacing of Sound Avenue at the Western, Town Limit. TIME AND PLACE OF BID Bids are to be submitted in opaque envelopes and will be received by the Town of Southold at the Town Hall, Main Road, Southold, New York, not later than 11:00 A.M. , Prevailing Time, Thursday, September 30, 1982 , at which time and place they will be publicly opened and read aloud. Use of the mails shall be at the Bidder' s own risk, and the Bidder shall be responsible for physical delivery of the Bid at the time and place set for opening of Bids. BID ENVELOPE All proposals and either the certified check or bid bond must be placed in a sealed envelope bearing the Bidder' s firm name and address marked, "Project No. SOHT 81-01, Proposal for Resurfacing Sound Avenue at The Western Town Limit, Town of Southold, Suffolk County, New York" , _ but otherwise unmarked. If mailed, this envelope shall be placed in another envelope addressed to Town Clerk Judith T. Terry, Town of Southold, Town Hall, Main Road, Southold, New York 11971. Use of the mails is at the Bidder' s risk. IB-1 "LOLLMACHLM, MCLLML)UN NY MUNNCLA. CAS / IIAM w.�r. CONSULTING ENGIMMA AND [NVIRONMENTAL 6CII NT1573 INFORMATION FOR 13IDDERS (CONT- D. ) SPECIFICATION DEPOSITS • (a) Deposits for specifications will be completely refunded to Bidders who return same in good condition within ten (10) days after r-ceipt of bids. Bidders will receive one-half of the deposit amount tur specf.ications returned after ten (10) days and before thirty (30) days following the bid date. (b) Deposits for specifications will be completely refunded to non-bidders who return same in good condition within 48 hours of receipt of said specifications. Non-bidders will receive one-half the deposit amount for specifications returned in good condition within ten (10) days following the bid date. No deposit for specifica- tions will be refunded to non-bidders after ten (10) days following the bid date. IB-2 HOLZMACHER, MCLENDON 3 MURRELL,P.C. CO1MULfN/0 EN WNlIM.ENWIIONMENfK lCl[gi1l1Y rW/IAMMEM INFORMATION FOR BIDDERS (CONT' D. ) SPECIFICATIONS Complete sets. of specifications for the inspection of prospective bidders will be found on file with the Town Clerk, Town of Southold, Town Hall, Main Road, Southold, New York, and at the office of Holzmacher, McLendon & Murrell, P.C. Consulting Engineers, 209 West Main Street, Riverhead, New York, or Suite 140, 125 Baylis Road, Melville, New York, All contractors must leave their names, phone numbers and correct mailing addresses upon receipt of the specifications. VERBAL ANSWERS The Town, its .agents, servants, or employees, or the Engineer, will not be responsible in any manner for verbal answers to any in- quiries regarding the meaning of the contract specifications given prior to the awarding of the contract. EXAMINATION OF SITE Bidders must satisfy themselves by personal examination of the location of the proposed work and of the actual conditions and require- ments of the work, and shall not, at any time after the submission of a proposal, dispute or complain of' such estimate or assert there was any misunderstanding in regard to the scope of work. The Contractor shall inspect the site and existing conditions be- fore submitting his bid. PROPOSAL The Form of Proposal contained herein shall be used in making out bids. Any proposal not in accordance with these instructions, or con- taining bids not asked .for, may be rejected. ' On those items in this contract for which there is a stated maximum and/or minimum allowable bid price, each bidder shall be responsible 7 for making sure that his bid falls within the stated limits. When the `2 price bid is lower than the minimum allowed, the bid price will be ad- justed upward to the minimum allowable price and when the price bid is higher than the maximum allowed, the bid price will be adjusted downward to the maximumallowable price. SOHT IB-3 HWMACHER. mcLENDON 6 MURRELL. F.C. / H2M CORP. CONlULnN0 CMUINMS AND ENVIRONMENTAL 1 CIENTIM tNFoRMAl'1ON FOR 11IDDLICS (1:11N'f ' l1. .1 As the est rotates of (plant i t ics ol" items stated in the proposal are approximate Only , bidders arc rclluired t0 sul,mit tile ' '. prl►pus:tl upon and in the following express contitiuns , which shall aI►ply ant become a Ila r t Of cvc ry propusa 1 rcec i vet . Bach bidder shall fill out , in ink , in both worDs and figilres , in elle spaces pruvideJ , his unit or [ 111111) Stint hit , as tite case miry he , fur each i tear in sa i J 1:01-111 of I'rol,os:r 1 for wh i i It he is Suhm i f t i ng a bid . No hit will be considered which does nut include hits for all items n'tTie liioposal , - iiicli, 11-11 ► tltne o�c:oilrllletion . If the bid is not accepted by theTown within forty—five (•l51 days after the receipt of hits , ti►e obligation of the 1)ititle r undo• this proposal may terminate at his option and he shall tl►cre - trpon he entitled to a refund of his certified check or release of his bid bond furnished by him as security with his proposal . 111 1) BOND Olt CERT 1 I"1 I:1► (;III_CK . [::tell proposal f rout a contractor shall. be accun►panictl b,v a hid bond or ccrtifiecl check on a solvent hank of tl►e State of 14e York , in the amount of five percent ( 5 ) of the total hid . Such check shall be rrracle I�ay:ll�le to William R. Pell III , Supervisor, Town of Southold, be fork ,payable the aurount thereof shall be the measure of 1 icluit kited Damages which the Town wil )I sustain by the failure , neglect or refusal. of the I) Mich to exec„tl:• ani[ delivc`i the contract , should the contract be awartecl to hint. The checks of all unsuccessful bidders will be returnee upon the rc,jection of bits and the execution of the contract by the parties ; also , the check of tine successful bidder will he returned upon the execution of the contract ant tite furnishing of the reclu i rhd bond . NAME: OF BIDDER l::,ch bidder must state .in Itis proposal , his full name and busi - • ness acldress , and the lull name old every person , 1•irm or corporation interested in the Save , and the adtress of every person or firm or president ane Secretary of every corporation interested with hint. If mA.LwNAdltn, MGLLNLM• W swunnLLL.. r.%.. / gv&m w+v. CONSULTING ENOINEiAS AND ENv1MONMQ/TAL KIWTIM INFORMATION FOR BIDDER (CONT ' 1). ) no other person be so interested , he must distinctly state that fact , also that his proposal is made without any connection directly or in- directly with any other bidder for the work particularly mentioned in his proposal ; that it is in all respects without fraud or collu:: iorl, and that no person acting for or employed by the Town is directly or indirectly interested therein , or in the supplies of work to which it relates , or in any portion of the prospective profits thereof. 4UALTFTCATIONS OF BIDDERS (l ) The Town reserves the right to waive any informalities in , or reject any and all bids . The Town reserves the right to re- ject any and all bids which do not conform to the proposals , or upon which the bidders do not comply with the requirements of the Town as to their qualifications . (2) All bidders must prove to the satisfaction of the Town that they are reputable , reliable and responsible , and that they pos- sess the necessary qualifications to successfully deliver the proposed equipment , and that they have performed and completed successfully similar work to an extent which , in the opinion of the Town , will qualify them by experience to perform the work which is proposed. (3) In determining the qualifications of a bidder, the Town will consider his record in the performance of any contracts entered into by him for the work contemplated or of similar nature may make such investigation as it deems necessary to determine the ability of the bidder to perform the Work, and the bidder shall furnish to the Town all such information and data for this purpose as the Town may request . (4) The Town shall be the sole judge of the qualifications of the bidders and of the merits thereof and reserves the right to reject any bid if the record of the bidder in the performance of contracts , payment of bills and meeting of obligations to subcontractors , material - men or employees is not satisfactory to the Town , or if the evidence submitted by or the investigation of such bidders fails to satisfy the Town that he is proTperly qualified to carry out the obligations of the contract anti to complete the work contemplated therein. GUARANTEE BOND The successful bidder shall be regl►ired to furnish at. the execu- tion of the contract an executed bond of a surety company authorized 113- 5 HOLZMACHER. MCLENWN d MUHNtLL., r.c. / m dm %Amr. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS INFORMATION FOR BIDDER (CON'r .. 1)) to do bUSiness in the State of New York and approved by the 'I'"n in an amount equal to one hundred percent ( 100%) of the tot" ' ""101111t of the contract , guaranteeing to the Town the faithful peI•for•nlance of tile contract , a11d paywent of all claims for materials , 1:11)01- and wages in connection therewith . SIGNATURE Or CONTRACTOR The bidder to whom a contract may be awarded shall attend at the office of the Town , with the sureties offered by him, within ten (10) days , Sunday excepted , after the date of not i ficatioli by 111:1i 1 of the acceptance of his proposal. , and there sign the contract in quadruo] i Cate for the work. In case of failure to do so , the bidder shall be considers as having abandoned the same , and the check accompanying; his proposal shall be forfeited to the 'rown , or the penalty of tl►e bid bond shall be invoked. CONTRACTOR' S INSURANCE The contractor shall not commnence any work Until he has obtained and had approved by the 'Town all of the insurance specified and required in the contract . WAIVER OF IMMUNrrY Attention of the biddcr is hereby directed to the requirements of the General Municipal L�t►w of the State of New York and in particular to Section 103-aindicated tlhe General C�lBioft�tl eLcontract�ing "1Vaivcr of Immunity,, , ason Page RESPONSIBILITY FOR BIDDER Attention is hereby particularly directed to the Provisions of the contract wlrerehy the contractor will be responsible for any loss or damage that may happen to the material or any hart thereof during its delivery ; and also whereby the contractor shall make good any defects or faults due to materials or workmanship within twelve (12) montlis after its delivery, placement , and acceptance. 111-6 CONSULTIN0 ENGINEERS ANO ENVIRONMENTAL /CIENTIM INFORMATION FOR BIDDERS (CONT'D. ) In order to secure the performance of the covenant of the con- tractor, the Town shall retain the Guarantee Bond during the period of one (1) year from the date of the Engineer ' s final certificate. Work is required to be completed to the satisfaction of the Engineer and in :jubstantial accordance with the specifications hereunto annexed. TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK IB-7 State of New York Bureau of Public Work Department of Labor State Office Building Campus Albany, N.Y. 12240 d CONTRACT REQUIREMENTS Each public work contract to which the State,a public benefit corporation,a municipal corporation or a commission is a party and which may involve the employment of laborers,workmen or mechanics,shall comply with the requirements of Article 8 of the New York State Labor Law: 1. No laborer, workman or mechanic in the employ of the contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by the contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week except in the extraordinary emergencies set forth in the Labor Law or where a dispensation is granted by the Industrial Commissioner. (See Section 220.2) 2. Each laborer, workman or mechanic employed by the contractor or subcontractor shall be paid not less than the prevailing rate of wages at the time the work is performed,and shall be paid or provided not less than the prevailing supplements at the time the work is'performed, as determined by the fiscal officer. If the prevailing rate of wages or the prevailing supplements change after the prevailing rate schedule is issued,each workman,laborer or mechanic shall be paid or provided not less than the new rates. (See Section 220.3) 3. The contractor and every subcontractor shall post in a prominent and accessible place at the work site a statement of the current wage rates and supplements specified by the contract for the various classes of mechanics,workmen or laborers. (See Section 220.3-a) 4. Apprentices must be registered,individually,under a bona fide program registered with the New York State Department of Labor. The allowable ratio of apprentices to journeymen in any craft classifica- tion shall not be greater than the ratio permitted to the contractor as to his work force on any job under the registered program. Any employee who is not registered as above, shall be paid the pre- vailing wage rate for the classification of work he actually performed. The contractor or subcontrac- tor will be required to furnish written evidence of the registration of his program and apprentices as well as of the appropriate ratios and wage rates for the area of construction, prior to using any apprentices on the contract work. (See Section 220.3-e) 5. (a) No contractor, subcontractor, nor any person acting on his behalf,shall by reason of race,creed, color, sex or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates.(See Section 220-e (a) ) (b) No contractor, subcontractor, nor any person acting on his behalf shall,in any manner,discrimi- nate against or intimidate any employee on account of race,creed,color,sex or national origin. (See Section 220-e (b) ) NOTE: The Human Rights Law also prohibits discrimination in employment because of age,disability or marital status. (c) There may be deducted from the amount payable to the contractor under the contract a penalty of five dollars for each calendar day during which such person was discriminated against or intim- idated in violation of the provisions of the contract. (See Section 220-e(c) ) (d) The contract may be cancelled or terminated by the State or municipality,and all moneys due or to become due thereunder may be forfeited, for a second or any subsequent violation of the terms or condition of the anti-discrimination sections of the contract. (See Section 220-e (d) ) (e) These provisions shall be limited to operations performed within the State of New York. (See Section 220-e(e) ) PW-3(5.80) 113-8 STATE OF NEW YORK DEPARTMENT OF LABOR BUREAU OF PUBLIC WORK STATE OFFICE BUILDING CAMPUS ALBANY, N. Y. 12240 Schedule Type-HVY / HWY 33 Date 07/08/81 Refer to: PREVAILING RATE CASE NO. T/O Southold PRC 8102905 NAS/SUF 01 to: William H. Spitz Location and Type of Project Holzmacher, McLendon & Murrell Resurfacing of Sound Ave. 125 Baylis Road SOHT 81-01, T/O Southold Milville, NY Laurel , NY 11747 Suffolk County In response to your request, enclosed are schedules of the prevailing hourly wage rates and the prevailing hourly supplements for the above project, together with copies of the Notice of Contract Let (PW-16) for your use. The schedules must be annexed to and form a part of the specifications for this project when it is advertised for bids. These schedules have been prepared and forwarded in accordance with Section 220 of the Labor Law, which provides that it shall be the duty of the fiscal officer to ascertain and determine the schedules of supplements to be provided and wages to be paid to workers, laborers and mechanics employed on public work projects, and to file such schedules with the department having jurisdiction. These wage rates and supplemental benefits are subject to change, and you will be periodically notified of such changes. The wage rates and supplemental benefits to be paid and provided must be those prevailing at the time the work is being performed. Supplemental Benefits Legend used in the "other supplemclnts" column of the Prevailing Rate Schedule: A. Health & Welfare ( includes hospital C. Supp. Unemployment Benefits I. Annuity Fund surgical or medical insurance or D. Scholarship Fund J. Benefit Fund benefits, life insurance or death E. Paid Holidays K. Security Savings benefits, accidental death or dis- F. Education Fund memberment insurance). G. Vacation L. Hol i day Pay B. -Pension H. Apprentice Trai ni ng M. Other Very truly yours, Nicholas Valentine, Jr. DIRECTOR WHEN ANY PROJECT IS COMPLETED OR CANCELLED, NOTIFY THE NEAREST DISTRICT OFFICE OF THE BUREAU OF PUBLIC WORK. (see addresses below) State Office Bldg. Campus, Albany N. Y. 12240 65 Court St. , Buffal o N. Y. 14202 155 Main Street West, Rochester N. Y. 14614 44 Hawley St. , Bi nghamton N. Y. 13901 175 Fulton Ave— Hempstead Hempstead N. Y. 11550 333 East Washington St. , Syracuse N. Y. 13202 207 Genesee St. , Utica N. Y. 13501 30 Glenn St. Whi to Plai ns N. Y. 10603 PW-200 (6-79) IB-9 PREVAILING RATE SCHEDULE State of New York Case Number Bureau of Department of Labor Public Work 8102905 NASSAU AND SUFFOLK COUNTIES Prev- SUPPLEMENTAL BENEFIT PAYMENTS ai 1 i ng OCCUPATIONS wage health basic and pen- suppl . other supplements hourly welfare sion unemp. rate (A) (B) (C) (D) through (M) CORE DRILLER Core Dr i I I er 10. 60S 1. 00 . 74 G- 19 Helper 9. 245 1. 00 . 74 G- 19 ELECTRICIAN Electrician 15. 10 7'/.+. 35 5 1/2'/. 2S G&L- 8 1/2%, H-5/8%, I-9'/., J-3% Appr. 1st term 6. 04 7%+. 35 5 1/2% 25 G&L- 8 1/2%, I-9%. J-3% IRONWORKER Ironworker-Structural 12. 95 1. 86 2. 30 G-1. 85, H-. 11, I-2. iS Appr. 1st term 7. 28 1. 86 2. 30 G-1. 85, H-. 11, I-2. 1S Rei nforci ng-(Lather) 13. S4 1. 32S 985 D-. 02, G-. 75, H-. O1, I-1. 10 Appr. 1st Term 3. 85 1. 32S . 985 D-. 02, H-. 01 Ironworker-Ornamental 12. 62 1. 21 1. 55 G-1. 00, H-. 10, I-2. 00 -Cheri n Li nk 12. 62 1. 21 1. 55 G-1. 00, H-. 10, I-2. 00 Fence "Appr. 1st term 7. S7 1. 21 1. 55 G-1. 00, H-. 10, I-2. 00 MASON Bricklayer 12. 49 1. 33 1.'93 H-. 03, I-2. 0S Appr. 1st term 6. 2s 1. 33 1. 93 H- 03, 1- 50 PAINTER Painter-Brush 10. 92 1. 04 1. 04 G- 33, 1- 71 Scaffold/Spray 13. 26 1. 26 1. 26 G-. 405, I-. 71 Appr. 1st term 6. 5s . 62 . 62 G-. 20, 1- 2S Nassau Co. (N of L. I. E. to Pt. Wash BI vd. , S. of Sunri se Hwy. E. to Long Beach Rd. ) ------------------------------ Pai nter-Brush 10. 82 1. 29 2. 30 G-. 70, H-. 05 Appr. 1st term S. 41 1. 29 1. 15 G-. 3S, H-. 0S Scaffold/Spray 12. 37 1. 29 2. 30 G-. 70, H-. 05 Nassau Co. Remainder of County • ------------------------------ Pai nter-Steel 14. 28 1. 86 2. 00 H- 07 Power Tool , Spray 15. 28 1. 99 2. 14 H-. 08 Sandblaster(steel ) 15. 28 1. 99 2. 14 H-. 08 Appr. 1st term 7. 00 . 91 . 98 H-. 035 Nassau Co. -Entire County ------------------------------ Painter Brush 12. 39 3. 22 1. 00 G-. 50, H-. 21 Steel /Bridge 15. 30 3. 22 1. 00 G-. 50, H-. 21 Spray 13. 88 3. 22 1. 00 G-. 50, H-. 21 Appr. 1st term 6. 42 1. 97 1. 00 G-. 25, H-. 21 Suffolk Co. PLUMBER Plumber 13. 6S 1. 00 2. 05 G-1. 30, H-. 37, I-. 57 Appr. 1st term 5. 46 . 60 1. 31 G-. 70, H-. 24, I-. 29 Suffolk Co. ------------------------------ Plumber ----------------------------- PIumber 12. 75 1. 10 1. S4 G-1. 10, H-. 25 Appr. 1st term 5. 10 . 44 . 616 G-. 44, H-. 10 Nassau Co. TEAMSTER Truck Driver Excavation 10. 12S 1. 612S 2. 8525 1- 40 Euc I i d 10. 525 1. 612S 2. 8525 1- 40 Other 9. 325 1. 612S 2. 50 1 WELDER Welder To be paid the rate of the mechanic performing the work • OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY and BUILDING SCHEDULES Pri nt 33 IB-10 PREVAILING RATE SCHEDULE State of New York Case Number Bureau of Department of Labor Public Work 8102905 NASSAU AND SUFFOLK COUNTIES Prev- SUPPLEMENTAL BENEFIT PAYMENTS ai I i ng OCCUPATIONS wage health basic and pen- suppl . other supplements hourly welfare sloe unemp. rate (A) (e) (C) (D) through (M) CARPENTER Carpenter (H/H) 13. 35 1. 85 1. 03 G-. 95, H-. 05, I-. 75 Helper 11. 15 1. 8S 1. 03 G-. 9S, H-. 05, I-. 7S Appr. 1st term 7. 34 1. 85 1. 03 G- 95, 11- 05, 1- 75 Nassau Co. (South of So. State Pkwy. & West of Seaford Creek) ------------------------------ Carpenter (H/H) 13. 40 1. S0 1. 49 G- 95114- 06 Appr. 1st term 6. 70 1. S0 1. 49 G-. 9S, H-. 06 Nassau Co. Remainder of County ------------------------------ Carpenter(H/H) 13. 4S 1. 33 1. 71 G-. 90, H-. 06 Appr. 1st term 6. 70 1. 33 1. 71 G-. 90, H-. 06 Suffolk Co. ------------------------------ Pi I edr i ver/Dockbui I der 13. 2S 1. 85 1. 03 G-1. O1, H-. O5, I-. 75 Appr. 1st term 7. 34 1. 8S 1. 03 G-1. O1, H-. O5, I-. 75 ------------------------------ T i mberman 12. 31 1. 8S 1- 03 G-. 95, H-. O5, I-. 75 Helper 10. 80 1. 8S 1.`03 G-. 95, H-. OS, I-. 75 ELECTRICIAN-HIGHWAY MAINTENANCE Applicable on traffic signals and street lighting only. Mai nt. Electrician 12. 30 81A 4 1/2'/. G & L-6 1/2%, I-7'/. H-S/8%, J-3% Appr. 1st term 4. 57 8'/. 4 1/2% G & L-6 1/2%, I-7'/. H-5/8%, J-3'/. LABORER(HVY/HWY) Laborer (H/FI) Basic, Concrete, Jackhammer 8. 90 10 '/. 13 '/. G-. 7S Pipelayer, Land- + Scape, Trackman 8. 90 10 V. 13 '/. G-. 75 Power Tool 8. 90 10 % 13 % G-. 75 Asphalt Raker, Form Setter 9. 50 10 % 13 % G-. 75 Asphalt Shoveler and Tamper 9. 30 10 V. 13 '/. G- 75 MASON Cement Finisher 12. 60 2. 19 2. 02 H-. 01 Appr. 1st term 6. 30 2. 19 2. 02 H- 01 SIGN ERECTOR Sign Erector 11. 70 82 1. 11 H- 02, 1- 43 M-Emp S. S. STRIPER Striping Mach. Oper 9. 90 59 . 70 G-7% Li nerman 10. 40 . 62 . 72 G-7'/. TREE TRIMMING Tree Trimmer 8. 43 34 25 1st 6mo 5. 51 . 34 . 25 Groundman, Driver 1st 6mo 6. 07 . 34 . 2S Driver 2nd 6mo 6. 36 . 34 . 25 Driver after 1 yr. 6. 95 . 34 . 2S TREE REMOVAL & LANDSCAPING Landscape Laborer 8. 90 10'/. 13% G-. 75 Mul chi ng Machine Oper. 11. 99S 9% of 2. 25 rate+vac. Stump Chipper Mach. 10, 97 9% of 2. 25 G-1. 00, H-. 15, M-. 10 rate+vac. Truck Driver 9. 325 1. 6125 2. 50 WELL DRILLER We 1 I Dri I I er 10. 55 8'/• 2. 25 G- 40 • Helper, 8. 55 8'/. 2. 25 G- 40 OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY SCHEDULES Print 33 IB-11 PREVAILING RATE SCHEDULE State of New York Case Number Bureau of Department of Labor Public Work 810290.5, NASSAU AND SUFFOLK COUNTIES Prev- SUPPLEMENTAL BENEFIT PAYMENTS ailing OCCUPATIONS wage health basic and pen- suppl . other supplements • hourly welfare sion unemp. rate (A) (B) (C) (D) through (M) SURVEY CREW (HIGHWAY & HEAVY) Party Chief 12. 16 . 90 . 70 F-. 05, G-. 70, I-1. 50 Instrument Man 10. 21 . 90 . 70 F- 05, -. 05, G-. 70, I-1. 50 Rodman/Chaff nman 8. 91 . 90 . 70 F-. O5, G-. 70, I-1. 50 Survey Rates apply to those workmen employed On HIGHWAY and HEAVY contracts let on or after July 2, 1979 POWER EQUIPMENT OPERATCR (H/H) Asphalt. Spreader 13. 18 9'/. of 2. 25 . 20 H-. 15, G-1. 00, M-. 10 Backhoe 13. 55 hourly Boring Machine 13. 12 rate + Bulldozer 12. 37 vac. Compressor-Single 11. 995 Compressor-2 or more in battery 12. 60 Concrete Pump 12. 64 Concrete Spreader 13. 18 Concrete Breaker 11. 28 Conveyor 12. 37 Crane 13. 18 Location, Effective Date and Dragline 13. 55 Supplemental Benefit PaYments Finishing Machine 12. 37 are the fame for all Power Equipment Fireman 12. 37 Operators. Generator 12. 29 Grade-All Oper. 13. 55 Grader 12. 58S Front End Loader 12. 905 Ma i nt. Eng. 12. 37 Mulching Machine 11. 995 Oi 1 er 10. 97 Piledriver 13. 55 Post Driver (Guard Rail ) 13. 12 Power Broom 11. 42S Pump (Under 4") 11. 995 Pump (Over 4") 12. 38 Ridge Cutter 11. 28 Roller - ST & Under 12. 37 Roller - Over 5 Ton 12. 72 Scraper 12. 37 Shovel 13. 55 Stump Chipper 10. 97 Tractor-Caterpiller or Wheel 10. 755 Track Tamper 10. 97 Trenching Machin- 13. 395 OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY SCHEDULES 1 Print 33 IB-1.2 atm HOIZ.MACHER. MCLENDON 6 MURK"P.C. / H2M CORP. PROPOSAL - BIDDER'S DECLARATION TO THE TOWN BOARD of the TOWN OF SOUTHOLD, SUFFOLK COUNTY, STATE OF NEW YORK: BINDER'S DECLARATION: The undersigned, as Bidder, declares that the only person or persons interested in this Bid or Proposal as principal or principals is or are named herein and that no other person than herein named has any interest in this Proposal or in the Contract proposed to be taken; that this Bid or Proposal is made without any connection with any other person or persons making a Bid or Proposal for the same purpose; the Bid or Proposal is in all respects without fraud or collusion, that he has examined the site of the work, the Form of Contract and Specifications, and the Drawings therein referred to, and has read the Notice to Bidders, information for Bidders and General Conditions hereto attached and fully understands all the same; that he proposes and agrees, if this Proposal is accepted, that he will contract with the TOWN BOARD of the TOWN OF SOUTHOLD.. in the Form of Contract accompaityisg this Bid, to perform all the work required in accordance with the Plass and as mentioned in said Form of Contract, Specifications, Notice to Bidders, Information for Bidders and General Conditions, and he will accept in full payment , therefore, the following sums to wit: 7/79 P-A RT ■ tAHOLZMACHER, MGLENDON&MURRELL,P.C. CONWLTINO ENOINEENE.E10VW"ANNT1IL WWO VIETT{MA ILANFIEIM PROPOSAL (CONT' D. ) RESURFACING OF SOUND AVENUE TOWN OF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK " PROJECT NO. SOHT 81-01 BID DATE: SEPTEMBER 30, 1982 ITEM 5A Remove temporary paving (by others) and replace with 1k" binder course asphalt on 6" base course asphalt Approximately 210 square yards Price per SY .� k't, 1 . . . . . . . (s 38•olo ) Dollars TOTAL ;�F_I.1 IJ9 N1h1E p12 m,�l6l�T. . ($ 7�4�.°O ) Dollars ITEM 5A (ALT) ** Remove temporary paving (by others) and replace with lh binder course asphalt on 6" base course asphalt Approximately 110 square yards Price per SY .1 1.4'aT`I .-lG4T. . . . . (s 3$ ) Dollars TOTAL F�u2 uSi41S ouE qu14V*D. P460TY . {$ t"0.- ) Dollars ITEM 5B Remove existing deteriorated pavement & replace with 1h" binder course asphalt on 6" base course asphalt e Approximately 110 square yards Price per SY IIZlY �Gi�{'T' . . . . . . (s ..// I,Dollars �,o l lar s T� DMF. TOTAL FOVX USAQ. HvN1 cD, ��t4T . . . . . . . . . . . ($ 6 Dollars 2 * Optional, item that may not be awarded by the Town. P-B 1 of 7 a-1O�I HOLZMACHER. McLENDON 6 MURRELL.P.C. � iL/�1 TMgEN61NEEMEMWIbMMENTI4.ECENTKrinOIAMMEiq PROPOSAL (CONT'D. ) • RESURFACING OF SOUND AVENUE TOWN OF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLDF NEW YORK PROJECT NO. SOHT 81-01 BID DATE: SEPTEMBER 30, 1982 ITEM 5B (ALT) ** . Remove existing deteriorated pavement & replace with 1� binder course asphalt on 6" base course asphalt Approximately 490 square yards Price per SX .�:�� t ($ �•� ) Dollars TOTAL SAA►D SE1IEiJ EIUIJD2F.D . ($ )4,7�•°O Dollars ITEM 10 Maintenance and Protection of Traffic LUMP SUM � uS�l1fD . ✓EWVDD. . ($ Dollars (Lump sum bid, shall be greater- than or equal to $1000. ) ITEM le (ALT) ** Maintenance and Protection of Traffic LUMP SUM . 'VIE . -�It11>RD . . Dollars 6 (Lump sum bid shall be greater than or equal to $500. ) 2 Optional item that may not be awarded by the Town. P-B 2 of 7 ■ I� HOLZMACHER, MGLENDON 6 MURRELL,P.C. (',QNWLTIND ENONMETM.ENVINDWANTAI EE IMSTS_d P.ANNEM PROPOSAL (CONT' D. ) RESURFACING OF SOUND AVENUE TOWN OF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK •• PROJECT NO. SORT 81-01 BID DATE: SEPTEMBER 30, 1982 ITEM 11 Tack Coat Approximately 1300 gallons / Price per GAL 1W O .t�. . . . . . . . . . . . . ($ ���0 ) Dollars TOTAL rqo lgoVgAW�P-1(o0r h6WED SIXT`j. ($ Dollars ITEM 11 (ALT) ** Tank Coat Approximately 700 gallons A �o Price per GAL .�t? AID do. . . . . . . . . . ($ Dollars TOTAL ONE Vou-SA SID X:(44�O �M7 . ($ Dollars ITEM 12 Four-inch (4") wide Thermoplastic Reflectorized Pavement Markings Approximately 8500 linear feet 41 Price per LF . "!0,1�oGL�QS.AOO r/FT y 6NTs ($ 0, $o ) Dollars TOTAL ! `'c112 �HOVSA. .TI�o �v/JD2Jc� .� j . ($ 4250 �O ) Dollars ,• 6 2 Optional item that may not be awarded by the Town.. P-B 3 of 7 ■ 1� HOLZMACNER, MCLENDON 3 MURRELL,P.C. CpNNKTMq ENON/EEM ENVMONtlfNTAt fC1ENTMA rM HANNENf PROPOSAL (CONT' D. ) RESURFACING OF SOUND AVENUE TOWN OF SOUTHOLD. AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK " PROJECT NO. SOHT 81-01 BID DATE: SEPTEMBER 30, 1982 ITEM 12 (ALT) ** Four-inch (4") wide Thermoplastic Reflectorized Pavement Markings Approximately 4500 linear feet p 1110 T 1AlLg !�1D � .50 Price per LF ($ �. ) -�� �/ Dollars TOTAL Tdo i[,rous4PUP Tk^ b 41JP9ED F� . . . . . . ($ 2- -0.°p ) Dollars ITEM 14A* Additional Excavation Approximately 5 cubic yards Price per CY . . . TEN. . . . . . . (s Dollars TOTAL . . . PIFTY . . . . . . . . . . . . . . . . . . (s �• ) Dollars (Unit Price shall be greater than or equal to $2.00, but shall not exceed $10 .00) ITEM 14B* Additional Backfill Approximately 15 cubic yards Price per CY . . . IRAJ. . . . . . . . . ($ Dollars TOTAL bNE.Wu PPEP F F7.Y. . . . . . . . . . . . (s 50. ) Dollars (Unit Price shall be greater than or equal to $2 . 00, 6 but shall not exceed $10.00) 2 **Contingency Item Optional item that may not be awarded by the Town. P-B 4 of 7 HOLZMACHER, MGLENDON&MURRELL,P.CtfA4A . (,0#4VATNIO ENWNfEM.(NV WONW RTA►fdlNTMTt rW KANNE116 PROPOSAL (CONT'D. ) s RESURFACING OF SOUND AVENUE TOWN OF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK PROJECT NO. SOHT 81-01 BID DATE: SEPTEMBER 30, 1982 ITEM 14C* Rock Excavation Approximately 5 cubic yards Price per CY . . . T'. . . . . . . . ($ /0' °O ) --y Dollars TOTAL F' /. . . . . . . , . . . . . . . . ($ Dollars (Unit Price shall be greater than or- equal of: $3.00 , but shall not exceed $50. 00) ITEM 51 TL n Furnish & Place Truing & Leveling Asphalt Concrete as per SCDPW Specifications Approximately 1100 tons �/ J Price per TON . . l p-.V. '"ll�lE AMP. . . ($ ) �,,,,,, -��,,, , Dollars TOTAL !z�►ci7.lfl� if/C:'r�`!Nf�F". .4. P.g . �iTI. . . . . (s �F'3 �50• ) Dollars ITEM 51 TL (ALT) ** Furnish & Place Truing & Leveling Asphalt Concrete as per SCDPW Specifications Approximately 8�0,0� tons� Se Price per TON ,/r jp-T /1/IAfi� 4�I/p .�8t� . ($ / Dollars TOTAL Ti-�IR7Y.04r•,-,,�OLA01),-5/X k4jPW. . . . . . . . . �1 00 ,foo• � ) 6 Dollars . ($ 2 Contingency Item Optional item that may not be awarded by the Town. P-B 5 of 7 iC HOLZMACHER, McLENDON&MURRELL,P.C. GONM1iNq ENOINEEM.ENw110NMENTEI EpENTNty rO IIANNEIIE PROPOSAL (CONT'D. ) RESUP,FACING OF SOUND AVENUE TOWN OF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK " PROJECT NO. SOHT 81-01 BID DATE:. SEPTEMBER 30, 1982 ITEM 51 FZ Furnish & Place Wearing Course Asphalt Concrete for Resurfacing as per SCDPW Specifications Approximately 70'0 tons icy 7T�iQT/ �A E- AND p. ,!kx. Price per TON • ($ ) Dollars TOTAL Y Sp/E�l /EIOV�+4lUD S�jc t-xl.Pa��.1�� . . . . . . . (s .27� .516."T ) Dollars ITEM 51 FZ (ALT) ** Furnish & Place Wearing Course Asphalt Concrete for Resurfacing ' as per SCDPW Specifications Approximately 400 tons Price per TON !I .�v/�!E AiVD, �Iyxk . . . . . ($ �j•` '° ) .,, Dollars TOTAL FTS:``- k- V5AAJD. /6f<T AAfDAW . . . . . . . ($ /�' Rod,aO ) Dollars 6 2 P-B 6 of 7 a-Jw HOLZMACHER, McLENDON d MURRELL,P.C. CONSTINOEN91NEEM.EIWW"OntTµEGEN 6TSand OL MME" PROPOSAL (CONT' D. ) RESURFACING OF SOUND AVENUE TOWN OF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK PROJECT NO. SOHT 81-01 BID DATE: SEPTEMBER 30, 1982 TOTAL BASE BID (SUM OF ALL ITEMS EXCEPT 5A (ALT) , 5B (ALT) , 10 (ALT) , 11 (ALT) , 12 (ALT) , 51 TL (ALT) and 51 FZ (ALT) TOTAL N�N�. TN/O VOUSgWp O�tJE /7v�1*q 7i�✓F.j1TY . . . . . . . . . . . . . . ($ ?,Z /2-0.°=' ) Dollars TOTAL ALTERNATE BID (SUM OF ALL ITEMS) TOTAL . . . . . . . . . . . . . . . . C*(E h mDRpp s/X -IWO W kr-Mo six 14L")M A//497y, ($ 142 00, a' ) Dollars Bids shall be based on normal seasonal working conditions without frost in the ground. It is anticipated that the Notice to Proceed will be given in October. COMPLETION DATE SHALL BE 45 CALENDAR DAYS AFTER THE NOTICE OF AWARD. LIQUIDATED DAMAGES SHALL BE $250.00 PER DAY. THE COMPLETION DATE SHALL BE CONSIDERED AS THE DATE WHEN THE PAVEMENT STRIPING OPERATIONS HAVE BEEN COMPLETED. FIRM NAME:- J 9M `C', mo►3TCCi&WO I&it FIRM ADDRESS: SIGNED BY: �� C "+ TITLE: Srz- 7S DATE: SF-(-r 30t198Z DAY PHONE NO. 1525-/42- 6 25-l4Z6 EVE. PHONE NO. -9-74'-0701 2 P-B 7 of 7 HOLZMACHER, McLENWN 6 MURRELL. F.C. / HTM CORP. COH3UlflHO EN aINUR• Ano xMVjjt0HMD17AL SCIQlT M PROPOSAL - (CONT-D. ) Enclose certified check or bid bond for five percent (5%) of the total bid, as stipulated in the foregoing Information for Bidders. The Bidder hereby agrees to enter into a contract within ten (10) days after due notice from the Town .of Southold that the contract has been awarded to him and is ready for signature, such notice to be given in writing within forty-five (45) days of the date of opening of the bids . And, the Bidder hereby further agrees that in the event of his failure or refusal to enter into a contract in accordance with this bid- within ten (10) days after due notice from the said Town Board as given in accordance with the Information for Bidders, and/or his failure to execute and deliver the bond for the full amount of the contract price as provided in said Information for Bidders, that the bidder's check which is herewith deposited with the Town shall, at the option of said Town, . become due and payable as ascertained and liquidated damages for such default, otherwise the said check shall be returned to the undersigned. The full name and residences of all persons and parties interested in the foregoing bid as principals are as follows: NAME ADDRESS Aw J01 . yOIIfTFGdybJt- VlC�.IQaES iEW1+TT IBLVD C� ORJ4b�ES, IV�I #0 NAME 15ai/r�nl �E� 2 Moa.�cc1Es,` NAME OF BIDDER: 64)41, K09MC.ALVb 10G - BUSINESS ADDRESS OF BIDDER: 406 QA%L=Po AYE Ca- _rVQLQ1&% &Y DATED AT: C--:m� MdvAp-c. THE _1�"DAY OF SPt'AMf- C-_ w P-C HOLZAMACHER, MCLENOON 6 MURRELL. P.C. / H2M CORP. CON3ULnN0 ENOINEEAS AND ENVIRONMENTAL OCIEMTIET! PROPOSAL - (CONT'D. ) NON-COLLUSIVE BIDDING CERTIFICATE By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: 1 . 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; and 2. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor; and 3. No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition. Dated: Sad': 30, �q$Z 1 .JoR ) T. M oN'IECA L_�/O 1C_ By: This bidder cannot make the foregoing certification and a statement signed by the bidder is attached setting forth in detail the reasons therefor: P-D HOLZMACHER. McLENDON d MURRELL. P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENT M GENERAL CONDITIONS 1. GENERAL CONDITIONS A. The "General Conditions" are hereby made a part of this Specification and are attached herein. B. Where any article of the "General Conditions" is supplemented hereby, the provisions of such article shall remain in effect. All the supplemental provisions shall be considered as added thereto. Where any such article is amended, voided or superseded thereby, the provi- sions of such article not so specifically amended, voided or super- seded shall remain in effect. Work, materials, plant, labor and other requirements of the Gen- eral Conditions shall be furnished by the Contractor. No direct pay- ment shall be made for these Genera. Conditions, and payment shall be deemed to be included in the contract price'or various items of the entire contract. 2. CONTRACT DOCUMENTS The Contract Documents include, but are not limited to, the General Conditions, General Specifications, Detailed Specifications, Plans, Proposal Form, Contract and other sections as either cited on the index pages or actually included in the bound documents. Each section of the Contract Documents is intended to be comple- mentary to the other sections. It is intended that they include all items of labor and materials, and everything required and necessary to complete the work, even though some items of work or materials may not be particularly men- tioned in every section or may have been inadvertently omitted from the Drawings or Specifications, or both. 6 3. APPROVAL OF SUBCONTRACTORS AND MATERIALS 1 Prior to commencing any work under this Contract, the Contractor shall submit to the Engineer, for approval, a list of all the sub- contractors and material suppliers he proposes to use for this Con- tract. No subcontractor or material supplier will be permitted to de- liver materials or perform any work on this Contract until he has been approved by the Engineer in writing. RT GC-1 HOLZMACHER. McLENDON 6 MURRELL. P.C. / H2M CORP. CONSULTING EN0INURS AND ENVIRONMENTAL SCIENT M GENERAL CONDITIONS (CONT'D.) t 4. INTERPRETATION OF DRAWINGS. ETC. A. In the event of discrepancies between the Drawings and the Specifications, the following order shall be given preference when making interpretations: 1. Addenda (later dates to take precedence over earlier dates) 2. Drawings (schedules or notes to take precedence over other data shown on Drawings) 3. Detailed Specifications 4. General Specifications 5. General Conditions B. On all plans, drawings, etc. , the figure dimensions shall govern in the case of discrepancy between the scales and figures. C. The Contractor shall take no advantage of any error or omission in the Plans, or of any discrepancy between the Plans and .r Specifications, and the Engineer shall make such corrections and interpretations as may be deemed necessary for the fulfillment of the intent of the Specifications and of the Plans as construed by him, and his decision shall be final. D. All work that may be called for in the Specifications and not shown on the Plans, or shown on the Plans and not called for in the Specifications, shall be furnished and executed by the Contractor as if designated by both. Should any work or material be required 6 which is not denoted in the Plans and Specifications, either directly 1 or indirectly, but which is, nevertheless, necessary for the proper carrying out of the intent thereof, it is understood and agreed that the same is implied and required, and that the Contractor shall per- form such work and furnish such materials as if they were completely delineated and described. 5. ADDITIONAL WORK Additional work, if required to be performed under this Contract, will be in accordance with the applicable paragraphs of the Contract. The Engineer shall be the sole judge as to whether such work was in- tended as part of the Contract or is in addition thereto. RT GC-2 HOLZMACHER, McLENDON 6 MURRELL. P.C. / H2M CORP. CONSUMNO 04GINEERS ANO ENVIRONMENTAL SCIENTISTS GENERAL CONDITIONS (CONT'D. ) M 6. OCCUPATIONAL SAFETY AND HEALTH ACT The Contractor shall meet all standards of the Occupational Safety and Health Act of 1970 and subsequent revision. This shall include, but not be limited to, the following areas: Sanitation, noise, radiation, gases, vapors, fumes, mists, dust, illumination, ventilation, protective equipment, fire protection, waste disposal, electrical hazards, scaffolds and ladders, floor holes . and wall openings, and heavy equipment. All specific require- ments of the Act shall be adhered to. 7. SAFETY PROVISIONS The Contractor shall take every precaution and shall provide such equipment and facilities as are. necessary or required for the safety of his employees. In case of an accident, first aid shall be administered to any who may be . injured in the progress of the work. In addition, the Contractor shall also be prepared for the removal, to the hospital for treatment , of any employee either seriously in- jured or ill. 8. SANITARY REGULATIONS A. In addition to compliance with the Occupational Safety and Health Act, the Contractor shall erect and maintain necessary -sani- tary conveniences for the use of employees on the work. Such con- veniences shall be properly secluded from observation, and their use shall be strictly enforced. Such sanitary conveniences shall be constructed in compliance with all laws, ordinances or regulations governing these facilities. The contents of the same shall be re- moved, with sufficient frequency to prevent nuisance, and disposed of to the satisfaction of the Engineer. B. The Contractor shall obey and enforce such other sanitary 6 regulations and orders and shall take such precautions against in- t fectious diseases as may be deemed necessary. In case any infectious diseases occur among his employees, he shall arrange for the. immediate removal of the patient from the work and his isolation from all per- sons connected with the work. i C. The building of shanties or other structures for housing the men, tools, machinery or supplies will be permitted only at approved • places, and the sanitary condition of the grounds in and at such shanties or other structures must, at all times, be maintained in a satisfactory manner. RT GC-3 HOLZMACHER. McLENDON b MURRELL. P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTIST! GENERAL CONDITIONS (CONT'D. ) 9. RESPONSIBILITY OF ENGINEER AND CONTRACTOR DURING CONSTRUCTION A. The Engineer is responsible solely for the general and/or detailed inspection of the work being performed. Such inspection will be periodic and strictly to assure conformance of the Contractor with the Plans and Specifications, such that the end product will conform to the Plans and Specifications. B. The Contractor is responsible for complete conformance to the Plans and Specifications, proper construction procedures; co- ordination with subcontractors, other contractors and utilities, and safe working conditions for his employees. 10. LABOR A. All contractors and subcontractors employed upon the work shall and will be required to conform to the Labor Laws of the State of New York and the various acts amendatory and supplementary there— to; and to all other laws, ordinances and legal requirements applicable thereto. B. All labor shall be performed in the best and most workman- like 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. 11. CONTRACTOR' S REPRESENTATIVE The Contractor, in case of his absence from the work, shall have a competent representative or foreman present, who shall follow with- out delay all instructions of the Engineer or his assistants in the prosecution and completion of the work, in conformity with this Con- tract, and shall have full authority to supply labor and material immediately. The Contractor shall also have a competent representa- tive available to receive telephone messages and provide a reasonable 6 reply as soon as possible, but not later than twenty-four (24) hours. 1 'f RT GC-4 HOLZMACHER, McLENDON 6 MURRELL. P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTIST! GENERAL CONDITIONS (CONT'D,) 12. INCOMPETENT EMPLOYEES The Contractor shall employ only competent, skilled and faithful men to do the work. Upon request of the Engineer in writing, the Con- tractor shall suspend or discharge from the work any disobedient, dis- orderly or incompetent person or persons employed thereon, and will not again employ any person so suspended or discharged without the consent of the Engineer. This requirement shall not be made on the basis of any claim for compensation or damages against the Town or any of its officers or agents. 13. CLAIMS OR PROTESTS If the Contractor considers any work required of him .to be out- side the requirements of the Contract , or considers any record or ruling of the Engineers or Inspectors as unfair, he shall ask for written instructions or decisions immediately, and then file a writ- ten protest with the Town against the same within five (5) days thereafter, or be considered as having accepted the record or ruling. w 14. NOTIFICATION, INTERFERENCE AND INJURY TO UTILITIES A. The Contractor shall cooperate in every way with the. Utility Companies. B. The Utility Companies shall be notified in accordance with Section 1918 of the Penal Law of the State of New York, entitled "Construction or Blasting near Pipes Conveying Combustible Gas," and with Article 20, Law. Section 322-a of the New York State General Business 6 C. All conduits, water mains and gas mains encountered in the 1 construction shall be properly and safely taken care of by the Con- tractor, who shall, upon encountering same, notify the public corpora- tion to whom they belong, in order that they may be changed in such a manner as not to interfere with the final construction. D. In case any damage shall result to any service pipe for water or gas, or any private or public sewer or conduit . by reason of negli- gence on the part of the Contractor, he shall, without delay . and at his own expense, repair the same to the satisfaction of the Engineer, and in case such repairs are not made promptly or satisfactorily, the Town may have the repairs made by another Contractor or otherwise, and deduct the cost of same from any monies due or to become due the Con- tractor. RT GC-5 WXZMACHER. MCLENDON 6 MURRELL. P.C. 1 HZM CORP. CON3UInNO ViGINEERS AND ENVIRONMENTAL 900MM GENERAL CONDITIONS (CONT'D.) l 15. INFRINGEMENT OF PATENTS The Contractor further agrees to hold himself responsible for any claims made against the District for any infringement of patents by the use of patented articles in any one phase of construction of the work and the completion of same, or any process connected with the work agreed to be performed under this Contract, or of any materials used upon the said work and to save harmless and indemnify the Town from all costs, expenses and damages which the Town shall be obliged to pay by reason of any infringement of patents used .in the construc- tion and completion of the work. 16. DAMAGES All damage, direct or indirect, of whatever nature resulting from either the performance of, or resulting to the work under, this Con- tract during its progress from whatever cause, shall be borne and sus- tained by the Contractor, and all work shall be solely at his risk until the date of the final certificate. 17. GUARANTEE WARRANTY This Contractor- shall guarantee and warrant his work and that of his subcontractors against defects in workmanship and/or material for ` a period of one (1) year from the date of final certificate by the Engineer except as otherwise specified. Upon written notification from the Engineer, the Contractor shall repair, replace or reconstruct such defects to the satisfaction of the Engineer at no cost to the Town. 18. STANDARDIZATION The DETAILED and General Specifications indicate specific manu- facturers and/or catalog numbers, etc. , for the purpose of standardiza- tion within the Town in order to minimize stockpiling of replacement parts. 19. DEFINITIONS 6 The words "or a " 1 approved equal as hereinafter used shall refer to the use of an equal product that has received prior approval by the .Consulting Engineer for the Town. The word "Engineer" refers to HOLZMACHER, McLENDON & MURRELL# P.C. , Consulting Engineer for the Town of Southold. SH GC-6 HOIZMACHER, MCLENDON 6 MURRELL.P.C. cows�xtxaallon[es ENw +�eMtwcMt+an.srux+cs Y w TECHNICAL SPECIFICATIONS SEVERAL ITEMS ON THE PLANS AND IN THESE SPECIFICATIONS REFER TO THE "SUFFOLK COUNTY PUBLIC WORDS SPECIFICATIONS OF NOVEMBER 1, 1968, " AS AMENDED. THESE SPECIFICATIONS SHALL BE INCORPORATED BY REFERENCE AND SHALL APPLY AS IF DETAILED IN FULL, UNLESS HEREIN 140DIFIED. HOLZMACHER, McLENOON&MURRELL,P.C. CON61Ki1N0 ENOINlEM,lNW�ENM�ENTAL lCIENTIliE.M KANI/EM GENERAL SPECIFICATIONS TOWN OF SOUTHOLD RESURFACING OF SOUND AVENUE AT THE WESTERN TOWN LIMIT 0. 1 - SCOPE The work to be done under this Contract consists o .furnishing all labor, materials, equipment, etc. , for the M.SU"ACjNG. Op SOUND AVENUE AT THE WESTERN TOWN LIMIT in the Town of Southold, as set forth in the Proposal Sheets, in accordance with the Specifications and as indicated on the plans, all to- the approval of the Engineer and the Town of Southold. 0. 2 - GENERAL SPECIFICATIONS (a) The "General Specifications" of the contract are hereby made a part of this specification and are attached herein.. (b) Where any article of the "General Specifications" is supplemented hereby, the provisions of such article shall remain in effect. Where any such article is amended, voided or superseded thereby, the provisions of such article not .so specifically amended voided or superseded shall remain in effect. 0. 3 - GENERAL CONDITIONS (a) The "General Conditions" of the contract are hereby .made a part of this specification and are attached herein. (b) Where any article of the "General Conditions' is supple- mented hereby, the provisions of such article shall remain in. effect. G All the supplemental provisions shall be considered as added thereto. 2 Where any such article is amended, voided, or superseded thereby, the provisions of such article not so specifically amended, voided, or superseded shall remain in effect. 1 GS - 1 of 11 HOLZMACHM MCIENDON&MURR" P.C. I H2M CORP. comoxn+w ti+aNstsct+s Iwo VMR"MOTAL IC,o+nsn GENERAL SPECIFICATIONS (CONV D) 0,4 -�NO DIRECT PAYMENT No direct payment will be made for work done and for materials furnished under these General Specifications or the General Conditions of the contract, but compensation shall be deemed to have been in- cluded in the contract price of the entire work. 0.0 - PLANS AND StPEC I F'I CAT I ONS This Contractor will be furnished six (6) complete sets of the plans and specifications. Additional sets will be furnished at cost of reproduction. 0.6 PERMITS AND REGULATIONS This Contractor shall obtain and apply for all permits necessary to conduct the work and complete this contract . All work shall be performed in strict accordance with the regulations and requirements of tht various civil agencies having jurisdiction thereof. Upon completion of the work provided for in this contract, and before final payment shall be made, the Contractor shall furnish the Engineer with any necessary certificates of approval issued by these various agencies. 0.7 - SIGNS No signs or advertisements shall be permitted by the Town. 0.8 - TEMPORARY LIGHT, WATER, ETC. This Contractor shall furnish temporary light and power complete with all wiring, lamps and similar equipment , as required for the completion of the work. Water shall be supplied by this Contractor. 1 RT GS - 2 of 11 2 HOLZMACHEA. McLENDM i MLIRR"F.C. / H2M CORP. coaaULnNG MUMM AND UMMMMDM%L •uDrnM GENERAL SPECIFICATIONS (CONT'D) w 0.9 - COOOPERATION This Contractor, all other contractors, and all subcontractors shall coordinate their work with all adjacent work and shall coordinate with all other trades so as to facilitate the general progress of the work. Each trade shall afford all other trades every reasonable op- portunity for the installation of their work and for the storage of their material. 0.10 - REPRESENTATIVE ALWAYS PRESENT The Contractor, in case of his absence from the work, shall have a competent representative or foreman present, who shall follow with- out delay all instructions of the Engineer or his assistants in the prosecution and completion of the work, in conformity with this con- tract, and shall have full authority to supply labor and material immediately. The Contractor shall also have a competent representa- tive available to receive telephone messages and provide a reasonable reply as soon as possible, but not later than twenty-four (24) hours. 0.11 - LABOR (a) All contractors and subcontractors employed upon the work shall and will be required to conform to the Labor Laws of the State of New York and the various Acts amendatory and supplementary there- to; and to all other laws, ordinances and legal requirements appli- cable thereto. (b) All labor shall be performed in the best and most wortman- like 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. 6 1 RT GS — 3 of 11 3 HOLZMACHER,Md6400N i 1►NJRR" P.C. / H2M CORP. COMUL"M QMMURS AND 9MV"MMOITAL CIE MS" GEN AL SPECIFICATIONS (CONT'D) w V 0,12 - WORKMAN UP It is the intent of these Specifications to describe definitely and fully the character of materials and workmanship required with regard to all ordinary features, and to require first class work and materials in all particulars. For any unexpected features arising during the progress of the work and not fully covered herein, the specifications shall be inter- preted by the Engineer to require first class work and materials.; and such interpretation shall be accepted by the Contractor. 0.13 - 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 increase of such effi- ciency 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 ex- cept 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, such as manholes , catch basins, pipe lines, conduits, etc. .1 6 1 RT GS - 4 of 11 4 HOIZNACHER. Md.ENDM A MtRtREU, P.C. / H21A CORP. C0#43ULnHQ CFMNURG AND t AMMMQRAI SCOMM GENERAL SPECIFICATIONS (CONY D) 0.14 - INSPECTION a' The Contractor shall, at all times, provide convenience of ac- ess and safe and proper facilities for the inspection of all parts of the work. No work, except such shop work as may be so permitted, shall be done except -in the presence of the Engineer or his assist- ants. The Contractor shall notify the Engineer twenty-four (24) hours in advance as to when he intends to start or resume the work. No materials of any kind shall be used upon the work until it has been inspected and accepted by the Engineer; all materials re- jected shall be immediately removed from the work and not again of- fered for inspection. Any material or workmanship found at any time to be defective shall be remedied at once, regardless of previous inspection. The inspection and supervision of the work by the Engineer is intended to aid the Contractor in applying labor and materials to and in ac- cordance with the specifications, but such inspection shall not operate to release the Contractor from any of his contract obliga- tions. 0.15 - PHOTOGRAPHS Prior to the commencement of any work to be performed under this contract, the Contractor shall inspect all structures, pavement, walls, curbs, sidewalks along the route with the Engineer. Whenever cracks, breaks, defects, faults or structural decay is expected or visible, photographs shall be taken, by a professional photographer, to identify and to record each and every defect. Failure on the part of the Contractor to take such photographs will be construed as mean- ing that no defects existed prior to construction. The Contractor shall submit to the Engineer three (3) sets of 3"x5" prints and the negatives from which the prints were made, which negatives shall be at least 35 millimeter in size. Prints shall be mounted in a photo album with a written description of each photo to include descriptions, street location, address and ownership of property or building , if available. No separate payment will be made for the photographs, M 6 1 RT GS - 5 of 11 5 HOIZMACHER, McMDON 6 MURREU.P.C. / H2M CORP. CONSUL11N0 o+oMURG mo EI+VNWMWXTIL MUM" GENERAL SPECIFICATIONS (CONT'D) 0.16 - LINE AND GRADE (a) The Engineer shall establish the lines and grades for the storm drains and appurtenances, and the necessary benchmarks for pavement construction stakeout. (b) All grades, lines, elevations and benchmarks shall be maintained by this Contractor who shall be responsible for same. (c) The Contractor shall verify all grades, lines, levels and dimensions as shown on the drawings, and he shall report any errors or inconsistencies in the above to the Engineer before commencing work. 0.17 BOUNDARIES OF WORK AND CONTIGUOUS WORK The Town will obtain from the property owners rights-of--way for • all work specified in this contract, and the Contractor shall not enter or occupy with men, tools or materials , any private ground outside the easements and rights-of-way without the consent of the owner and the ` approval of the Engineer. Other contractors of the Town may, for all purposes required by their contract, enter upon the work and premises used by the Contractor, and the Contractor shall give to other contrac- tors of the Town all reasonable facilities and assistance for the com- pletion of adjoining work. 9.18 - RIGHT-OF-WAY Where the work called for extends upon or through private property , the Town shall produce all necessary rights , deeds and easements for access to the property and the Contractor shall not proceed with this part of the work until the Town has completed negotiations with the property, holders and all necessary papers are in the hands of the 'Town. If, of ter a W able period of negotiations (up to one (1) y*ar from signing of a ntract) , rights or easements cannot be obt+aiftad, then the Town r imae the right to eliminate those items of wdiek from the eontract weir required the easements prior to construction. No add - t onal compensation shall be made to the Contractor for such eiiMin&tion. w� SORT' 6 gl-01 GS - 6 of 11 W ZMACHER. McLENOW i MURRELL. P.C. / N2M CORP. CONSUMNO MUNUM AND OIV1 MMINTAL 10CRTW 1 GENERAL SPECIFICATIONS (CONY D) a 0.19 - PROTECTION OF WORK The Contractor shall place a sufficiency of red lights on or near any work accessible to the public and keep them burning sunset to sun- rise; he shall erect suitable railings or barriers, and shall provide watchmen on the work by day or night, as required and deemed necessary, for the safety of the work, on public or adjoining property. The Town reserves the right to remedy any neglect on the part of the 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. 0.20 '- MAINTAINING FLOW OF SEWERS AND DRAINS The Contractor shall, at his own cost aAd expense, provide for and maintain the flow of all sewers, drains, house or inlet connec- tions and all water-courses which may be met with during the progress of the work. He shall not allow the contents of any sewer, drain or house inlet connection to flow into trenches to be constructed under the contract, except where written permission is given by the Engineer and shall, at his own expense, immediately remove and cart away from the vicinity of the work all offensive matter, using such precautions in so doing as may be directed by the Engineer. 0.21 - PROTECTION OF EXISTING SUBSURFACE STRUCTURES Certain existing subsurface structures will likely bis encountered during the construction of the work embraced in this contract, or located in such close proximity to the work to be done under this contract , as to require special precautions and methods for their pro- tection, such as sewers , drains , water mains and conduits, together ` with appurtenances , and are shown on the drawings. The sizesp loca- tions and depths shown, however, are only approximate and the Contrac- tor shall satisfy himself as to the accuracy of the inforMation given and shall not claim nor shall he be entitled to receive Compensation 6 for damages sustained by reason of the inaccuracy of the information 1 given or by reason of his failure to properly maintain and support such structures. RT GS - 7 of 11 7 HUMACHEa, Ma. DM a MLaULL.P.C.I H3M ooia: OONiNITINo O+otNm+s AND ommo+msµ �gOtT1�1S GENERAL SPECIFICATIONS (CONY D) Should the Contractor, through his own negligence, damage any portion of the existing underground structures, sewers, drains, cul- verts, water lines, etc. , located within the limits of the contract, and which are to remain , he shall replace or restore such damaged portions at his own expense and as directed by the Engineer. 0.22 - NOTIFYING UTILITY COMPANIES The Utility Companies shall be notified in accordance with Sec- tion 191.8 of the Penal Law of the State of New York and Article 20, Section 322-a of the New York State General Business Law, entitled, "Construction or Blasting Near Pipes Conveying Combustible Gass " which states, "the person having direction or control of such works shall given such notice and further, he shall ascertain whether there is within one hundred. feet in such street, highway or public place. . .any pipe. . .conveying combustible gas." This Contractor and all other excavators must comply with Indus- trial Code Part 53 whereby this Contractor must obtain the list of each operator of underground facilities and provide advanced notice to each operator of his intent to perform excavation in the area specified under this contract. 0.23 - PUBLIC UTILITY COMPANIES All conduits, sewers, storm drains, water mains, underground elec- tric and telephone conductors or conduits, or gas mains encountered in the construction shall be properly and safely taken care of by the Con- tractor, who shall, upon encountering same, notify the public corpora- tion to whom they belong, in order that they may be changed in such a manner as not to interfere with the final construction if it is imposs- ible to cross over, under or around the other utility. 6 1 RT GS - 8 of 11 8 HCIZMACH R. MdLMO N 6 MURRELL. P.C. / H2M CORP. CONSULTIMM V*"" RG AMD oMAGNMQRAI $Clomm GENERAL SPECIFICATIONS (CONT'D) 0.24 - INJURY TO SERVICE PIPES In case any damage shall result to any service pipe for water or gas,,or any private or public sewer or conduit , the Contractor shall , without delay, and at his own expense, repair the same to the satis- faction of the Engineer and in case such repairs are not made promptly or satisfactorily, the Owner may have the repairs made by another contractor, or otherwise, and deduct the cost of same from any monies due or to become due the Contractor. 0.25 - DAMAGES All damage, direct or indirect, of whatever nature resulting from either the performance of or resulting to the work under this contract during its progress from whatever cause, shall be borne and sustained by the Contractor, and all work shall be solely at his risk until the date of the final certificate. 0.26 - TRAFFIC MAINTENANCE The Contractor shall minimize all interference to vehicular, pedestrian and other traffic. Traffic along the construction site shall be provided with a passable and adequate road. All fire hyd- rants shall be accessible at all times. Maintenance of traffic shall include bridging over construction, construction in sections, providing detours , and other measures speci- fied. Access shall be maintained to all driveways. The Contractor shall furnish and install adequate warning signs, flags, lights, railings, barricades and other devices. Watchmen, flagmen and signal- men shall be provided to maintain traffic . 0.27 - REMOVAL OF TEMPORARY STRUCTURES On or before the completion of the work, the Contractor shall , without charge therefore, tear down and remove all buildings and other • structures built by him for facilitating the carrying out of the work and shall remove all rubbish of all kinds from the grounds which he has occupied, and shall leave the site of the work clean and in good ` condition. 6 1 RT GS — 9 of 11 9 NOLLMAC U4 soar a Pc. I H2M WRP. COM""MM V4MN99M ANO OiWMNMDML SC1EN"M GENERAL SPECIFICATIONS (CONT'n) 0.28 - CLEANING AND FINAL INSPECTION All pipe lines and other structures shall be kept clean during construction, and as the work approaches completion, the Contractor shall systematically and thoroughly clean and make any needed re- pairs to the same. He shall furnish at his own expense suitable tools and labor for cleaning out all dirt, mortar and foreign substances from the structures, and also the Water for cleaning by flushing. Any ,leakage of water into any structure exceeding the limits speci- fied, or any deviation from the proper grade for alignment to the structure or any other defect such as to make the work, in the opinion of the Engineer, fall short of first class work, shall be properly corrected by the Contractor at his own expense. The clean- ing and repairs shall be arranged, so far as practicable, to be com- pleted upon finishing the construction work. Notice to begin this cleaning and repairing, if such is needed , will be given in due sea- son by the Engineer who, at the same time, will make his final in- spection of the work. The Engineer will not prepare his final certificate of this por- tion of the work until after the final inspection is made. During this final inspection , the Contractor, at his own expense, shall fur- nish suitable provisions as to needed drainage , workmen and appli- ances. 0.29 - TOILET FACILITIES Necessary toilet facilities for the use of the workmen on the project, properly secluded fiom observation, shall be erected and maintained by the Contractor in such manner and at such points as shall be approved, and their use shall be strictly enforced. The contents of same shall be removed, with sufficient frequency to pre- vent nuisance, and disposed of to the satisfaction of the Engineer and the Town. The Contractor shall obey and enforce all sadltary regulations. The sanitary condition of the grounds in and around such toilet facilities must be maintained in a satisfactory manner at all times. 6 1 FfT GS - 10 of 11 10 HOLZMACHER,Md OCON i MURR"P.C./ H2M CORP. comsutrnm oraNUme M0 a mmm+mMAL •JDM$n GENERAL SPECIFICATIUNS (CUNT'U) 0.30 - CHANGE ORDERS Daring the construction period of this contract , the Engineer may order, in writing, changes in sizes of (prior to release from the manufacturer) and/or locations of (prior to delivery of materials) and/or additional items. The prices as bid for the . respective size installed shall be also applicable to any such changes or additions ordered by the Engineer. The total cost of additional items ordered shall be limited to not more than ten percent (101%) of the total bid (including alternate bids) of all items. Change orders involving extras or additional funds outside the limits of the unit and/or lump sum prices must be approved by the Consulting Engineer and the Town of Southold. 0. 31 - DEFINITIONS The specifications indicate specific manufacturers and/or catalog numbers, etc. , for the purpose of standardization in order to minimize stockpiling of replacement parts. The words "or approved equal" as hereinafter used shall refer to the use of an equal product that has received prior approval by the Consulting Engineer for the Town. The word "Engineer" referes to HOLZMACHER, McLENDON & MURRELL, P.C. , Consulting Engineer for the Town. The words "Owner" or "Town" refer to the TOWN OF SOUTHOLD. . 4 2 ,s SH GS — 11 of 11 11 HOUMACHER,MCLENDON&MURRELL,P.C. ao�w�ris w�rNMs.wwiaww��u awmns.r n��w PAVEMENT RESTORATION & REPLACEMENT ITEM 5 w 5.1 - SCOPE The work under this item includes sawcutting, removal and disposal of existing pavements (temporary and permament) , and the furnishing and placing of asphalt concrete base and binder courses at the locations indicated on the plans or as directed by the Engineer. 5. 2 - GENERAL Under this item, the Contractor shall be responsible for the re- moval and disposal of the following: 1) All temporary pavement previously placed by Southold Town forces in connection with the installation of new storm drainage leaching pools within the project area. 2) All existing pavement indicated on the plans and any existing pave- ment ordered by the Engineer in the field during construction. In general, the removal of existing pavement will be ordered at those locations where subgrade failure is evident. In addition, severely distressed or cracked pavement will be ordered removed. 3) All existing subbase material down to the required grade for con- struction of the new pavement section. In the event that the material at this grade is considered by the Engineer to be unsuitable as a sub- base for the new pavement, additional excavation ordered will be paid for under Item 14. Under this item, the Contractor shall construct a new pavement cross section at the aforementioned locations in accordance with the details indicated on the plans. Pavement restoration at leaching pools shall include the additional pavement required behind each structure, as detailed on the plans. Sawcutting is required when removing deteriorated pavement and shall be performed to the Engineer's satisfaction. Upon completion of Sawcutting, all asphaltic concrete on all types of bases shall be removed in a neat, workmanlike manner, using modern pavement removal methods as approved by the Engineer. Disposing of removed material shall be done in an acceptable manner off the site or at a designated area specified by the Engineer. This Contractor shall be responsible for the payment of any dumping fees should he elect to use the Town Landfill facilities. 6 5,3 - SAWCUTTING 2 The existing asphalt pavement shall be cut at the locations desig- nated by the Engineer. The minimum depth of cut shall be two (2) inches. PRR - 1 of 4 12 HOtZMACHER,MCLEHOON E MURRELL,P.C. 006WATpO 900tMMM AW00 PAVEMENT RESTORATION & REPLACEMENT (CONT'D. ) 5.3 SAWCUTTING .(Cont'd. ) r All work shall be accomplished in a neat, workmanlike manner, using approved modern sawcutting methods. Failure to cut a minimum depth of two (2) inches will be con- sidered as grounds for rejection of the sawcut, and the Contractor shall be required to re-sawcut the pavement. No payment will be made for either the additional sawcutting or additional pavement replace- ment required. 5.4 - SUB-BASE The sub-base shall be cleaned of all loose or foreign material, reshaped if rutted, and otherwise prepared so as. to provide uniform support for the pavement. All soft pr unsuitable material such as loam shall be removed as directed by the Engineer, and replaced with suitable material approved by the Engineer and compacted in six (6) inch layers to the pavement base. Excavation to remove unsuitable materials below the bottom of the proposed base course shall be paid for under Item 14. Shaping of the sub-base shall be accomplished by hand or with mechanical grading equipment after which the. sub-base shall be mois- ened and compacted by means of a vibratory-type compactor in accordance with modern vibratory compaction methods, to the approval of the Engineer. All equipment for the proper preparation of the sub-base and for the placing and finishing of pavement shall be in first-class working order and shall be subject to any inspection the Engineer may desire prior to being placed in use. After the sub-base has been prepared and compacted to the required uniform density and to the.. required elevation, alignment and cross-section, it shall be maintained in that condition until the pavement is placed thereon. Pavement will not be placed upon any frozen sub-base or upon any material which, in the opin- ion of the Engineer, is unsuitable as a pavement foundation. The end result of all compactive efforts shall be that the sub-base material is compacted to not less than 95% of maximum density at optimum ;moisture content as determined by AASHTO T-99. In the event that the Engineer determines that there is reasonable doubt regarding the quality or degree of compaction, he may order that compaction tests be performed at random locations. All compaction tests shall be performed by an independent laboratory previously approved (written approval) by the Engineer. The costs for all 6 compaction testing ordered shall be borne by the Contractor. 2 PRR - 2 of 4 13 MHOLZMACHER,MCLENDON E MURRELL,P.C. CONMILtNq BI�MM�IO.MIVMOMIMNTK pM111gt W RAMMIO PAVEMENT RESTORATION & REPLACEMENT (CONT'D. ) 5.5 - PAVEMENT MATERIALS Materials utilized for pavement restoration shall be in accor- dance with the "Suffolk County Public Works Specifications of November 1, 1968" as amended. The typical pavement restoration cross- section is indicated on the Contract Drawings. A bituminous material shall be placed on the concrete or bitum- inous base and at sawcut joints, as a tack or seal coat. The minimum application rate of this material shall be 0.1 gallons/square yard. The bituminous material shall conform to the requirements of New York State Department of Transportation Specification Section 407, Item No. 407.01. 5.6 - PAVEMENT CONSTRUCTION All pavement restoration shall be performed in accordance with the requirements of "BITUMINOUS PAVING CONSTRICTION, PART II, SECTION 8" of the "Suffolk County Public Works Specifications of November 1, 1968" as amended. 5.7 - MISCELLANEOUS No payment will be made under this Item for pavement disturbed or broken by the Contractor due to his own nealiaence or for pavements removed to facilitate the construction where specific authorization has not been given by the Engineer. 5.8 - MAINTENANCE AND GUARANTEE After repaving, the Contractor will be responsible for his work and will have to repair any sunken trenches immediately after notifi- cation from the Engineer, to the satisfaction of the Engineer and the Town of Southold Highway Department for a period of one (1) year after the date of final certificate. 5,9 - BASIS OF PAYMENT Payment will be made for the various types of pavement removal and restoration on a square yard basis in the following manner: Item - Remove temporary pavement placed by others and restore excava- tion area with new asphaltic concrete as detailed on the plans. Con- struction of paved areas behind each of the new leaching pool structures 6 shall be included under this item. 2 Item 5B - Removal of existing deteriorated pavement sections and replace- ment with new asphaltic concrete as detailed on the plans or as ordered by the Engineer. PRR - 3 of 4 14 HOLZMACHER,MCLENDON•MURRELL.P.C. - OOpNNtMq HpMINII�.NIVIM OMNMIfK tOMlll�t'�rM KMMM PAVEMENT RESTORATION & REPLACEMENT (CONT'D. ) 5,9 - BASIS OF PAYMENT (Cont'd. ) All pavement restoration shall be in accordance with the applicable Suffolk County Department of Public Works Specifications, the details in- dicated on the Contract Drawings and the directions and orders of the Engineer. The unit price bid for these items shall include all materials, labor, equipment and incidentals necessary to complete the work. R 6 2 PRR - 4 of 4 15 HOLZMACHER.MCLENDON&MURRELL,P.C. oo�a*�o ENo�teM.er.wowe�wE«mn.M KIM MAINTENANCE AND PROTECTION OF TRAFFIC r ITEM 10 10.1 - SCOPE The work includes furnishing all labor, materials, equipment and appliances necessary to maintain both vehicular and pedestrian traffic, to protect the public from all damage to person and property and to minimize inconveniences to the residences and businesses ad- jacent to the contract area for the duration of the contract in accordance with the specifications, as shown on the plans and as directed by and to the approval of the Engineer and the Town of Southold Highway Department. 10.2 - GENERAL The Contractor shall maintain traffic over a reasonably smooth travelled way which shall be so marked by signs, delineations and/or other methods so that a person who has no knowledge of conditions can safely, and with a minimum of discomfort and inconvenience, ride, drive or walk over all or any portion of the roadway under construc- tion. y The Contractor shall prepare and submit a plan to the Engineer for his approval , outlining a schedule of operations for the mainten- ance, protection and detouring of traffic showing in complete detail the methods, sequences, procedures and facilities he proposes to install. Before the Contractor shall in any way or manner restrict or interfere with the normal flow of traffic, he must first secure written approval of his proposed plan from the Engineer. The Contractor is placed on notice that the Maintenance and Pro- tection of Traffic over this highway daring construction is con- sidered as important and necessary an item of work as is the actual construction itself. The Contractor shall at all times conduct his operation in a manner to insure the safety of motorists, pedestrians and his own employees. The Contractor shall protect the user from damage to person and property by reason of any construction operation ( for example -- panting , paving, blasting, tree work, demolition, etc. ) by such protective screens , devices or methods as are approved by the Engineer. a 6 2 SORT MPT - 1 of A 16 I_q" HoLZMACHER.McLENDON&MURRELL-P.C. pONMIL�MN NIMNNIM MIMO W IM14pK f O�M�•• ~MINIM MAINTENANCE AND PROTECTION OF TRAFFIC - CONT'D. The Contractor shall under this item be responsible for the maintenance within the limits of the contract of the entire pave - men€, drainage facilities and other highway elements, both old and new, beginning on the date construction commences and ending on the date the contract is officially accepted. The Contractor shall schedule his work so as to minimize the amount of the old travelled way that is destroyed or substantially damaged at any one time. Throughout the course of the work the health and welfare of the people shall be provided for. ' The Contractor shall at -least one ( 1) week in advance of proposed work, ascertain the specific needs of individuals whose homes or place of business may be inaccessible for periods of time while required construction work is in progress. in all such cases, the Contractor shall make a,11 arrangements with health, safety and protective agencies to insure that any and all emergency or accidental needs of seriously hampered people will be cared for. Roads which must be closed to traffic completely shall be completed during the normal work week. One week's advance notifi- cation of construction shall be given to affected residents. 10.3 - MATERIALS All materials used shall comply with the requirements for the various items or materials as established in the specifications or the plans. All temporary signs, delineators, barricades, lighting and other warning and guiding devices shall be as approved by the Engi- neer, and will remain the property of the Contractor. All materials and equipment and workmanship for electrical installations shall be in strict compliance with the Standard Code Requirements and the work shall be performed by licensed electri- cians. The Contractor shall obtain, supply and pay for all required electrical energy and shall make all necessary arrangements with the utility company for service points. All electrical services, permits and certificates shall be obtained and paid for by the Contractor. SOHT i MPT 2 of 6 17 HOLZMACHER.MCLENDON&MURRELL.P.C. CpNN1l1M10lNOMNMM.wyrgl�ItNTK tpNlflpt.M KAMMUw MAINTENANCE AND PROTECTION OF TRAFFIC - CONT'D. 10.4 - CONSTRUCTION DETAILS h 10. 4.1 - General - The Contractor shall generally provide a travelway suitable for maintaining a minimum of two lanes of traffic. This travelway shall be kept well drained and reasonably smooth and hard at all times and free of potholes, bumps, irregularities and depressions that hold or retain water. 10.4.2 - Warning Signs & Delineators - The Contractor shall erect barricades, detour signs, warning lights and other facilities approved by the Engineer at the beginning, end and for the entire length of any detours to adequately warn the travelling public that the road is closed and indicate the direction and route of the detour. He shall conduct_ his operations to insure a minimum of delay to traffic. The Contractor shall furnish, erect and maintain proper reflect- orized signs, indicating to motorists the status of the highway under construction. All signs shall be kept clean, mounted at the indicated height i and so placed as to be effective both day and night. Signs, warnings, delineators and barricades shall be used to adequately inform the motorist of any unusual or unsafe condition and to safely and clearly { guide him through the contract area. Such signs, barricades, warnings or devices shall be so placed and lighted as to give timely warning and permit the motorist to take the necessary action to traverse the area safely. Barricades and signs shall be lighted when and as required . The Contractor shall delineate areas where there is a drop-off near the edge of the travel lanes and areas on which it is unsafe to travel . Where the drop-off is less than 6-inches, and where soft or unsafe ureas occur, an approved delineator shall be placed along the edge of the travelway at intervals of not more than 200 feet. Where the drop-off is greater than 18-inches, a continuous delineation consisting of a white board or band shall be used in addition to individual delineators. Thirty ( 30) to fifty (50) gallon drums or containers set on end may be used as delineators, provided they are painted orange and white and kept clean at all times. Other markers or delineators may be circular or rectangular in shape and shall be constructed of reflective sheeting having a minimum area of 20 square inches or reflective buttons having a minimum diameter of 7 3-inches. All reflective delineators or markers shall be yellow or anber in color except that at entrances to commercial establish- ments the Contractor shall place a green reflective marker on each 4 side of the designated safe entrance to the establishment. The entire 6 2 SOHT MPT - 3 of 6 18 IH2MHOLZMACHER.McL.ENDON d MURRELL.P.C. com"TO1 614 OM M OIYIIIOIIM Wft eca"" O.M.MIOW" MAINTENANCE AND TRAFFIC PROTECTION - CONT'D. w entrance area between adjacent green markers shall be kept safe and smooth for convenient ingress and egress. Delineators shall be sub- stantially mounted so that the bottom of the reflective unit is 4 feet above the elevation of the travelway. Any area judged by the Engineer to be particularly hazardous shall be marked by the use of oil burning flares or signal flashers with a large reflectorized orange lens in addition to the reflective markings. All signs, markers and other facilities shall indicate actual conditions existing and shall be moved, removed or changed immediately, as conditions require . Details and types of signs, temporary barricades, timber curb and other devices are shown on Standard Structure Sheets, Manual of Uniform Traffic Control Devices of the New York State Traffic Commission. These are minimum requirements and the Contractor shall have an adequate quantity of each available for use as required. The Engineer may, if conditions exist, require additional signs. in that event, they shall be consistent with the arrangements, material requirements and details of those shown on the Standard structure Sheets. Lighted barricades shall be fully equipped with complete electrical facilities including fixtures, lamps, conduits, switches, cut-outs, boxes, cable and all other required equipment, appurtenances and connections to the service points designated by the utility company as necessary to install and light the barricades. The Contractor shall set and adjust time switches and other equipment as required to put the lighting system in satisfactory operation. , 10.4.3 -_Maintenance - The Contractor shall furnish material, labor and equipment at any time, day or night, to immediately repair, remedy and prevent washouts, formation of holes, ruts and depressions, sunken trenches and the destruction or sinking of temporary pavements. This applies when the work is underway and when the work is temporarily suspended for any period of time. Special attention shall be given to maintenance of a satisfactory travelway over weekends, holidays, and during the winter season. Any damage to any portion of the work occasioned by lack of adequate maintenance shall be repaired by the Contractor at his own expense. 6 2 SOHT MPT - 4 of 6 19 HOLZMACHER, McLENDON 6 MURRELL.P.C. eo�NnMo ewowNM.�K wrwtKn.w wwwua MAINTENANCE AND PROTECTION OF TRAFFIC - CONT'D. 10. 4.4 - Flagmen - Whenever it is necessary to maintain traffic, the Contractor shall employ a sufficient number of competent flagmen during the time traffic is maintained. The Contractor shall also provide a sufficient number of competent flagmen in areas where traf- fic is congested, particularly where construction equipment is operating. 10.4 .5 - Access - Under this item, the Contractor shall construct and maL 'nat all times where required or as directed, temporary nta bridges or bridging across pipe trenches, excavations, obstructions and newly laid pavements to provide adequate ingress and egress for pedestrian and vehicular traffic to and from private driveways, busi- ness and commercial establishments or for main street intersections and heavily travelled crossings. The Contractor will be required, after the installation of all pipes and necessary appurtenances thereto, to immediately backfill all trenches, compact the same with the surface -of the fill graded off, and install temporary pavement to permit the resumption of traffic without delay. The surfaces of all trenches shall be maintained continually by the Contractor to carry traffic smoothly, safely and without interruptions or slowdowns , until the permanent pavement has been restored. 10.4.6 - Existing Signs - All existing highway signs and supports within the contract limits are to remain under the control and juris- diction of the Engineer and are to be properly maintained for the duration of the contract by the Contractor as directed by the Engineer. The Contractor shall, when shown on the plans or ordered, remove these existing signs; store, protect and keep them clean; and replace them on the contract as directed by the Engineer. Signs not to be replaced shall be cleaned and delivered to the Town as directed by the Engineer. Signs or markers lost or damaged because of negligence on the part of the Contractor shall be replaced at the Contractor 's expense. 10.5 - BASIS OF PAYMENT The work of maintenance and protection of traffic shall be paid for under Item 10 at a lump sum bid price that is greater than or equal to the minimum bid price indicated on the proposal sheets. In j the event that, in the opinion of the Engineer, traffic is not properly and adequately maintained on any part of the contract on any day, and/ or the Contractor deviates from or fails to comply with the approved plans, schedules and modifications or amendments thereto, no payment for 6 maintenance and protection of traffic will be made for that day. 2 SOHT MPT - 5 of 6 20 HOUMACHER.McLENDON 6 MURRELL.P.C. apNNl{,iM10lM0111!!M.MIV11101MIpItK�p�MN1�M hAMIMIM MAINTENANCE AND PROTECTION OF TRAFFIC - CONT'D. Daily cleanups of the project site are considered an integral part of the maintenance and protection of traffic. Therefore, no payment will be made for those days where, in the opinion of the Engineer, the Contractor has not performed a satisfactory cleanup. The amount of any such daily non-payment will be $100 . The aggregate sum of money deducted for daily non-payment may exceed the actual amount bid for this item and may be deducted from any monies due the Contractor on other items of this contract. If the Coptractor fails to maintain and protect traffic ade- quately and safely for a period of 24 hours , the Engineer may cor- rect the adverse conditions by the use of such means that he may deem necessary and augmented by such other equipment and personnel as it may be necessary to hire from outside sources, and the entire cost of this work by such forces, materials and equipment shallbe The deducted from any monies due the Contractor-;on this contract. deduction due to the cost of this work shall be in addition to the daily non-payment deductions listed above. , The bid price shall include the cost of furnishing all labor, materials, ,tools and equipment necessary to satisfactorily complete ' the required work. r Monthly payments will be made for this item in proportion to the total amount of contract work, excluding maintenance and pro- tection of traffic, completed divided by the total bid price less the stated allowance for maintenance and protection of traffic. 6 2 SOFIT MPT 6 of 6 21 HOLZMACHER, MCLENOOH i MURRELL.P.C. TACK COAT ITEM 11 11.1 - SCOPE This work shall consist of preparing and treating an existing bituminous or concrete surface with bituminous material in accordance with these specifications and in reasonably close conformity with the limits shown on the plans or established by the Engineer. 11.2 - MATERIALS The bituminous material, prior to dilution, shall meet the re- quirements of one of the following material designations from the N.Y.S.D.O.T. "Standard Specifications - CONSTRUCTION AND MATERIALS" , dated January 21 1981: Asphalt Emulsion (BF14S-2h) 702-3401 Asphalt Emulsion (SS-1h) 702-3601 Cationic Asphalt Emulsion (CSS-1h) 702-4501 The bituminous material shall be diluted with an equal volume of suitable emulsifier solution and thoroughly mixed into a homogeneous liquid . The diluted bituminous material will be sampled and tested in accordance with the Engineer 's written instruction. 11.3 - CONSTRUCTION DETAILS 11.3.1 - Equipment - The Contractor shall provide equipment for heating t e bituminous material and a distributor for applying the tack coat. The distributor shall be so designed, equipped, maintained and operated so that bituminous material can be applied uniformly on variable widths of surface up to 15 feet at readily determined and controlled rates from 0.05 to 2.0 gallons per square yard, with uniform pressure, and with an allowable variation from any specified rate not to exceed 0 .02 gallons per square yard. Distributor equipment shall include a tachometer, accurate volume measuring devices or a calibrated tank, and a thermometer for measuring temperatures of tank contents. Distri- butors shall be equipped with a power unit for the pump, and full cir- culation spray bars adjustable laterally and vertically. Distributors 0 shall be equipped with an approved bituminous material sampling valve. When samples are taken through such valves, they shall be considered 1 representative of all material in the tank. TC - 1 of 2 22 tl2AHOLZMACHER,MCLENDON i MURRELL,P.C. opwwtMq woweNN.wvMaw�tK�urrn w ruwcM TACK COAT - CONT'D. 11. 3.1 - Equipment - (CONT' D. ) Small power spray units or hand spray equipment may be used in areas where the Engineer determines that the use of a distributor is imps ac t ical . 11.3.2 - Preparation of Surface to 0e Treated - The existing surface sfiall be patched and cleaned ana shall be free of irregularities to provide a reasonably smooth and uniform surface to receive the treat- ment. Unstable corrugated areas shall be removed and patched with mat- erials determined suitable by the Engineer. The edges of existing pavements, which are to be adjacent to new pavements, shall be cleaned to permit the adhesion of bituminous materials. 11.3.3 - Application of Bitminous Material - The bituminous mater a shall be uniformly appl ed ,w th a p1ressure distributor . The tack coat shall be applied in such a manner as to permit one-way traffic, where practical. In addition, the tack coat shall be applied so as to offer the 4 least inconvenience to traffic and to prevent pickup or tracking of the bituminous material. Tack coat shall not be applied during wet or cold weather, as determined by the Engineer. The temperature and areas to be treated shall be approved prior to application. The application rate shall be 0.10 - 0.15 gallons per square yard unless otherwise ordered by the Engineer. 11.4 - METHOD OF MEASUREMENT The quantity to be paid for will be the number of gallons of diluted emulsion measured at 60 degrees Farenheit incorporated into the work. 11.5 - BASIS OF PAYMENT The unit price bid per gallon for tack coat shall include the cost of furnishing materials and all equipment and labor necessary to com- plete the work. 1 0 1 TC - 2 of 2 23 HZM CORP. / HOLZMACHE& MCLDO M &MURR" P.C. THERMOPLASTIC PAVEMENT MARKINGS 12. 1 - SCOPE r Under this item, the Contractor shall furnish and apply thermoplastic reflectorized pavement markings at the locations and in accordance with patterns indicated on the plans or pavement, or as ordered by the Engineer. This work shall include the cleaning and preparation of pavement surfaces and the maintenance and protec- tion of traffic during installation. 12. 2 - MATERIALS : THERMOPLASTIC PAVEMENT MARKING MATERIAL --(WHITE & YELLOW) This specification shall cover reflectorized thermoplastic pavement striping material that is extruded to the pavement surfaces in a molten state by mechanical means and which upon cooling to the normal pavement temperature produces a reflectorized traffic stripe of desired thickness and width. The term '•Thermoplastic Material,, defines a substance free of volatiles, applied in a molten state, which after cooling to the ambient temperature and without polymerisation or any other chemical change forms a traffic marking stripe of a quality and .appearance as specified in subsequent sections of these specifi- cations. w This specification is intended to set minimum limits on material characteristics of the thermoplastic compound. The successful bidder shall furnish test samples of materials. He must also submit a list of installations made in the last three years. Material composition shall be in accordance with the following: A. In the plastic state, the material shall not give off fumes which are toxic or otherwise injurious to persons or property. B. The temperature versus viscosity characteristics of the plastic material shall remain constant through four reheatings ; and shall be the same from batch to batch. There shall be no obvious change in color of the material as a result of a number of reheatings or from batch to batch. C. The pigmented binder shall be well dispersed and free from all skins, dirt, foreign objects, or such ingredients as will cause bleeding, staining or discoloration. 24 PM - 1 of 5 HM CORP. / HOLDAACHER, MdF DW 6 MURK" P.C. COWATIM U40NUAi ANO LNC WNMU"A6 4004TO" THERMOPLASTIC PAVEMENT MARKINGS - CONT'D . D. The binder shall consist of a mixture of non-drying synthetic resins at least one of which is solid at room temperature. The total binder content of the thermoplastic compound shall be not less than twenty percent (20%) and sufficient to hold the exposed beads securely in place without the beads abrading off. E. The filler to be incorporated with the resins as binder shall be a white calcium carbonate- or approved alternate with a minimum compressive strength of five thousand pounds (5,000 lbs. ) per square inch. F. Specific gravity of, the materials shall be between 1.9 and 2. 1 at 25 degrees centigrade. G. The percentage of pigments for white and yellow thermoplastic shall be between 10% and 15%.., H. The softening point (ASTM E 28 Test) shall be a minimum of 90 or as the Engineer approves . I. Reflectorized beads (Fed. Spec. TT-P-85) shall be employed in the material to the extent of not less than twenty percent (20%) nor more than 30 percent (30%) by weight of material. The glass beads used in the formulation shall have refractive indexes of not less than 1.50 when tested by the liquid method at 25 degrees centigrade; shall consist of 90% min. by count of water white true .spheres and shall be free from air inclusions. The beads shall have the following gradation unless the Engineer approves alternate sizes: U.S. Sieve No. Maximum Percent Passing 30 60% 50 15`x, 100 0% Not less than 90% of the spheres shall meet the following require- ments 1. The surface of the spheres shall be smooth, 'lustrous and free from film, scratch and pits. PM - 2 of 5 25 H2M CORr. / HWMACHfk MdBNOON L MURR" P.C. CONsULnmQ OWNEW ANO (NV MMMWTAIL SOW W" s, THERMOPLASTIC PAVEMENT MARKINGS - CONT'D. 2. The spheres shall be clear and transparent and shall not y be ovate in shape or fused spheroids and shall meet ASTM D1155 speci- fications. S.- The spheres shall show high autocollimating efficiency. Not more than 1% shall be black, amber or milky. The compound shall not deteriorate by contact, with sodium chloride, calcium chloride, or other chemicals used against formation of ice on roadways or streets or because of the oil content of pavement materials or from oil drip- ping from traffic. J. Topdressing beads shall be beads with a refractive index of 1.30 and the same specifications as above in Paragraph 1. Paymentfor these beads shall be included in the cost of thermoplastic material. K. The night-time visibility and reflectivity of the white and yellow thermoplastic lines shall be at least equivalent to reflectorized painted traffic lines having six pounds per gallon. drep on beads of 1.5 index of refraction after each has been applied side by side on heavily traveled roads for one month. 12.3 INSTALLATION PROCEDURES j A. Layout for the installation of pavement markings will be performed by the Contractor. in the event resurfacing is completed at a time when the thermo- plastic cannot be applied, the Contractor shall install temporary painte lines as directed by the Engineer. The Contractor shall install re- quired permanent thermoplastic lines when the road surface is the a eprtate temperature. The Contractor in submitting his bid, hereby agrees that he shall have no claim ler any damages due to such delay other than extended time to complete the work. Applioatioh for exten- stos of time shall be filed by the Coetraotor with the- Engineer at least 15 days prior to the contract date of completion. The cost of toy required temporary painted lines shall be included in the unit price bid for Item 12. M. Installation procedures for thermoplastic materials shall be in accordance with the following: 1. Before any work is begun, a schedule of operations shall-be ' submitted for the approval of the Engineer. Signs, cones and otb*r trafffte control devices necessary to conform maintenanc* of traffle operations to the New York State Manual of Uniform Trafi'ic Central ri4ets shall be on hand for the Engineers inspection prior to the start of work. PM - 3 of 5 26 H2M CORP. / HOIZMACHER, MdENDW 6 MURIt" P.C. CONSULTING ©+aNcw AND DMIXONMOITAL 80CHTIM THERMOPLASTIC PAVEMENT MARKINGS - CONT'D. 2. Material shall be applied to the pavement at material temper- ature no lower than 36OOF nor higher than 42O0F. Installation shall be done only in seasonable weather, in accordance with good practice and in accordance with the manufacturer's recommendation. Immediately after application of the thermoplastic, drop on glass spheres (top- dressing beads) shall be mechanically applied while the thermoplastic is still sufficiently molten, such that the spheres will be held by and mechanically imbedded in the surface of the material, in order to provide immediate night reflectivity. 3. The material shall be placed in accordance with the layout lines marked by the Contractor and shall conform as closely as possible to these layout marks. 4• Cleaning Equipment - Equipment must be provided to insure removal of---dust, debris, and other foreign-.matter from the road surface immediately prior to the installation of the thermoplastic. 5. Condition of Pavement - The pavement shall be dry .and free from oil, dirt, grease or other foreign contaminants at the time of instal- lation and the pavement temperature shall be above 550F and ambient temperature shall be 450F and rising. 6. Equipment for Melting and Heating Thermoplastic Material - A special kettle mounted on a mobile unit is required for melting and heating the material. Such equipment shall incorporate the following features: The kettle shall be of sufficient capacity to- satisfy the minimum installation requirements of the material as specified hereafter; The kettle shall provide means of heating the material by means of thermo- statically controlled heat transfer liquid rather than .by direct flame, so as to provide positive temperature control and. prevent overheating of the material; suitable temperature gauges to indicate liquid and material temperatures at all times shall be provided in the kettle; The kettle shall provide means of continually agitating the material while the material is being heated; the kettle shall have means of rapidly and efficiently discharging the liquid material into appro- priate application equipment; the kettle shall be equipped and con- structed in such a manner so as to satisfy the requirements of the National Board of Fire Underwriters and the appropriate agencies of the State of New York. 7. Application Equipment - Equipment shall be provided to place the material on the pavement as a finished line. The portable hand operated applicator shall include the following features: PM - 4 of 5 27 N=CORP. / HODUACHER. MCMWN i MURR" P.C. em"Tom QwwaPt AND DMWNMOffAL 800fT M THERMOPLASTIC PAVEMENT MARKINGS - CONT'D. The applicator shall provide agitation for the material prior to its actual installation; the applicator shall provide means of maiataining the material at its proper application temperature(not lower than 360°F nor above 4200F) ; the applicator shall be equipped wit.h, an extrusion dioe (die) that shall maintain uniformity of speci- fied width, and thickness of not less than 3/16-inch of generally. uniform cross-section. The shoe(s) or die(s) shall be made available to the Engineer for inspection' prior to the start of work; the appli- cator shall provide a means of cleanly cutting off the ends of each length; the applicator shall be capable of providing lines of vari- able widths from 4-inches to 12-inches by use of interchangeable parts ; the applicator shall be easily maneuverable and so constructed as to permit application of curved lines; the applicator shall be provided wig a bead dispenser capable of uniformly dispensing.reflective glass spheres (topdressing) at controlled rates of flow. The bead dispeaser shall. be automatically operated 1n' such. a manner that it will only dis,pen•se beads while the ,material is being aprlied. The beads shall be dispensed at a rate of not less than one pound per 16-square feet of material Equivalent to l pound per 48 L.F. of 4-inch line. The ap- plieaters shall be equipped and constructed in such a manner so as t satisfy the requirements of the National Board of Fire underwriters and the appropriate agencies of the State of New York. In addition, a truck mounted mobile applicator may be used for the installation of longitudinal lines. This pavement marking machine shall combine the specifications of the above described kettle and applicator in one self- contained unit. 12.4 - BASIS OF PAYMENT Payment shall be made under Item 12 at the price bid for the actual number of linear feet of four-inch-aide pavement marking material exceed along the center of the surface stripe. No payment will be made fer the number of linear feet of space in the dashed line. payment for markings wider than four inches will be made at contract price per foot of the four-inch line multiplied by the actual width in inches divided by four. Payment for arrows shall be made as equivalent to 50 feet of four-inch line per arrow. This item will be paid for at the contract unit price per linear feet of fens-inch-wide pavement marking. The unit price grid shall include full compensation for furnishing all material, equipment, labor, aad incidentals necessary to satisfactorily complete the work. All »ateria 1 includes topdress ing beads. 28 PM - 5 of 5 HOLZMACHER, McLENDON&MURRELL,P.C. C0k&ATW4 ENa"M.tMyM10NYENTAI WWNT*ft•M ftAM EM ADDITIONAL EXCAVATION AND BACKFILL ITEM 14 14. 1 - SCOPE The work includes the furnishing of all labor, materials, equip- ment and appliances necessary to perform, stockpile and dispose of additional excavation, furnish and place additional selective backfill, perform and dispose of rock excavation in accordance with the speci- fications as ordered by and to the approval of the Engineer. 14.2 - STOCKPILING OF SURPLUS MATERIALS The Contractor shall stockpile all materials that are excess from excavations that are suitable for reuse under this section of the specifications. The excess materials from excavations shall be stock- piled on property provided by and at the expense of the Contractor When ordered by the Engineer to provide backfill, the Contractor shall utilize all of the material stockpiled prior to furnishing "addi- tional backfill", for which separate payment will be made, At the completion of construction, all excess materials stock- piled will become the property and responsibility of the Contractor. There shall be no payment for maintenance of the stockpile herein _ described nor shall there by payment for rehandling any materials in the stockpile to incorporate it into the work. Payment shall be made only for the additional excavation required, if any, to remove unsuit- able materials from beneath normal excavation lines. 14. 3 - DESCRIPTION 14. 3.1 - Additional Backf .11 - Shall consist of crushed stone or bank run sand and gravel, free from organic or other unsuitable material, and of approved size, grade and quality for use as indicated on the plans where directed by the Engineer. Prior to use, . the Contractor shall submit for Engineer's approval, a sieve analysis of the special backfill. The material shall be of such size that not more than 70 percent by weight shall pass the No. 40 mesh sieve and not more than 15 percent by weight shall pass the No. 200 mesh sieve. 14. 3.2 - Additional Excavation - Shall consist of the removal and d sposa o any unsuitable foundation material encountered during any • pavement construction. Suitability of various materials as a foundation material will be decided by the Engineer. 6 2 AE&B 1 of 3 29 HOLZMACHER, McLENOON A MURRELL,P.C. Cdiqutnw0 EMOMI[EM.9WWWWAlNIAL*DOW*"rN IunwEla ADDITIONAL EXCAVATION AND BACKFILL (CONT'D. ) ti 14. 3. 3 - Rock Excavation - Shall be classified as boulders, hard and solid ledge rock and other similar materials of more than one-half cubic yard (h c.y. ) volume. 14.4 PLACING ADDITIONAL BACKFILL Additional backfill shall be spread in layers not exceeding 6-inches in thickness and shall be thoroughly compacted to prevent settlement. Any settlement in the finished work shall be made good by the Contractor at his own cost and expense. 14.5 - BASIS OF PAYMENT Payment will be made at the unit price bid under Item 14A for the actual number of cubic yards of Additional Backfill as explained in Section 14.3.1, for additional selective backfill as ordered by the Engi- neer that is not already stockpiled by the Contractor for work ordered by the Engineer outside the prescribed limits as detailed on the plans or indicated in the specifications. No measurement and payment will be made for additional backfill used in unauthorized areas. The price bid per cubic yard for additional backfill shall include necessary ex- cavation and disposal and shall cover the cost of all materials and expenses incidental to the furnishing, placing and compacting the addi- tional backfill in the completed work, in accordance with the specifica- tions, or the Engineer' s directions. Bids on Item 14A shall not be less than $2.00 nor more than $10,g0 per cubic yard. ' Payment will be made under Item 14B at the unit price bid per cubic yard for additional excavation for the actual number of cubic yards removed below subgrade. Additional excavation shall be performed only when authorized by the Engineer. Bids on Item 14B shall not be less than $2.00 nor more than $10.00 per cubic yard. Payment for rock excavation will be made at the unit price bid for Item 14C and shall be for the. actual, number of .cubic yards of ledge .rock or, boulders that must be removed in order to provide the proper subbase for pwoment construction. In the excavation for pavement construction, the unit price to be paid for the rock excavation shall be the additional cost per cubic yard for rock excavation. no payment shall be made nor shall measurement be made b any rock or boulder removed which did not exceed one-,half cubic yard (� c.y. ) in volume. 6 2 ' AE&B - 2 of 3 30 HOLZMACHER, MCLENDON 6 MURRELL,P.C. C40MMTMG 060"EM.IWIV4 Ao"AI WAoffle"M"PLAWAM6 ADDITIONAL EXCAVATION AND BACKFILL (CONT'D. ) w Bids on Item 14C shall not be less than $3.00 nor more than $50.00 per cubic yard. Payment under these Items shall include furnishing all labor, mate- rial, equipment and incidentals necessary to perform additional excava- tion, furnish and place additional backfill and perform rock excavation. J i V 2 AE&B - 3 of 3 31 HOLZMACHER, McLENDON &MURRELL, P.C. / H2M CORP. CONSULTING ENGINEER! AND ENVIRONMENTAL SCIENTISTS ASPHALT CONCRETE TRUING AND LEVELING COURSE r, ITEM 51-TL 51. 1 SCOPE Under this Item the Contractor shall furnish and place a truing- up or leveling course over the existing pavement surface in accordance with the provisions of Item 51-TL of the "SUFFOLK COUNTY PUBLIC WORKS SPECIFICATIONS OF NOVEMBER 1, 196811, as amended. 51.2 BASIS OF PAYMENT The unit price bid per ton for this Item shall include the cost of furnishing all materials, labor and equipment necessary to construct the truing and leveling course, as required by the Plans and as ordered by the Engineer. ON f 1 1 32 ACTL - 1 of 1 HOLZMACHER. McLENDON 6 MURRELL, P.C. f H2M CORP. CONSULTING ENGINEERS ANO ENVIRONMENTAL SCIENTISTS ASPHALT CONCRETE, TYPE lA (TOP COURSE) � ITEM 51-FZ 1.0 - SCOPE Under this Item the Contractor shall furnish and place a one- course layer of top mix to the required thickness as shown on the plans, in accordance with the provisions of Item 51-FZ of the "SUFFOLK COUNTY PUBLIC WORKS SPECIFICATIONS OF NOVEMBER 1, 1968", as amended. 1. 1 - BASIS OF PAYMENT The unit price bid per ton for this Item shall include the costs for all labor, equipment and materials necessary to construct the top course as required by the Plans and these Specifications. Included in the unit price bid for this Item shall be the cost to construct all re- quired "V" grooves and the cost to thoroughly sweep clean the existing roadway surface prior to any paving operations. >r 1 '0 1 33 ACTC - 1 of 1 HOLZMACHER. McLENDON &MURRELL. P.C. / H2M CORP. CONSULTING 040INUAS AND ENVIRONMENTAL SCIENTIST'S INDEMNITY, LIMITATION OF LIABILITY s 1. INDEMNITY The Contractor and all sub-contractors performing work in connection with this contract shall HOLD - HARMLESS, INDEMNIFY and defend the OWNER and ENGINEER, their consultants, and each of their officers, agents and employees from any liability, claims, losses or damage including reason- able costs of defense arising out of or alleged to arise from the Con- tractor' s or sub-contractor' s negligence in the performance of the work described in the Contract documents, but not including liability that may be due to the sole negligence of the OWNER, ENGINEER or their officers, agents and employees. t 2 . LIMITATION OF LIABILITY The Contractor and all sub-contractors agree to limit the liability of the OWNER and ENGINEER due to the Engineer' s professional negligent errors or omissions such that the total aggregate liability of the engineer to those named shall not exceed fifty thousand ($50,000 . ) dollars, or 5% of the contract award amount, whichever is greater. 1 0 0 ILL 1 of 1 MULAMM."LM, MCLtfft^0" 4 MUMMAA. r•L.• / ovam wr. CONSULTING ENGINEERS ANO ENVIRONMENTAL SCIENTISTS CONTRACT CONTRACT IN QUADRUPLICATE FOR AT TOWN OF SOUTHOLD, SUFFOLK COUNTY , NEW YORK , dated _ , 19 , BY AND BETWEEN THE TOWN BOARD OF THE TOWN OF SOUTHOLD. SUFFOLK COUNTY, NEW YORK , (herein called the "Town, " and (herein called the "Contractor" ) . WITNESSETH , that the Town and the Contractor, in consideration of the premises and of the mutual covenants , considerations and agreements herein contained , agree as follows: This Contract is hereby awarded to the Contractor for the work and material called for under his bid in the Proposal section of the Contract and designated as Items: and if required by the Consulting Engineer, Items: for the sum Of: Dollars . for the unit and/or lump-sum price(s) as listed in the Proposal herein. C-1 HOUMACHER. MCLENDON & MURRELL, P.C. / H2M CORP. CONSULTING ENIGINEERS AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT' D. 1 . CONTRACT DOCUMENTS AND DEFINITIONS The Notice to Bidders, Information for Bidders, Proposal , General Conditions, Contract, Specifications and Plans, together with any Addenda , shall form part of this Contract , and the pro- visions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. The titles, headings, head- lines 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 Docu- ments" is used, it shall mean and include this Contract , the Plans, Specifications , any Addenda, and the Notice to Bidders, Information for Bidders, General Conditions and Proposal. In case of any con- flict or inconsistency between the provisions of the Contract and those of the Specifications, the provisions of the Contract shall govern. WORK: The ' term "Work" , as used herein, refers to 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 completed project , and includes all plant , labor, materials, supplies, equipment and other facilities and acts necessary or proper for or incidental to the carrying out and completion of the terms of this Contract . The term "work performed" shall be construed to include material delivered to and suitably stored at the site of the project. EXTRA WORK: The term, "Extra Work" , as used herein, refers to and includes all work required by the Town which, in the judgment of the Engineer, involves changes in or additions to work required by the Plans, Specifications and any Addenda in their present form. SUBCONTRACTOR: The term "Subcontractor" , as used herein, shall mean any person, firm or corporation applying labor and material for work at the site of the project , but not including the parties to this Contract. ENGINEER: In the performance of the work, the Town shall be represented by its Consulting Engineer HOLZMACHER, McLENDON & MURRELL, P.C. , (herein called the "Engineer") . C-2 HOLZMACHER, MCLENDON & MURRELL. P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL BCIENTIM CONTRACT - CONT'U. 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 the last known business address of , the person, firm or corporation for whom intended or to his, their, or its duly authorized agents, representatives or officers, or when enclosed in a postage prepaid wrapper or enve- lope addressed to such person, firm or corporation at his, their, or its last known business address and deposited in a United States Mail Box. 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, designa- tion or prescription of the Engineer, and "approved", "satisfied" , or "satisfactory" , "in the judgment of" , and words of like import, shall mean approved or acceptable to, or satisfactory to, in the judgment of the Engineer. 2. SCOPE OF THE WORK The Contractor will furnish all plant , labor, material, 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 the Contract. 3. COMPENSATION TO BE PAID TO THE CONTRACTOR (a) Agreed Prices: It is understood and agreed that the Con- tractor 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 reason of variations from the estimated quantities set forth in the Proposal. (b) Extra Work and/or Changes: The Town 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 : C-3 WxZMACHER, McLENDON & MURRELL. P.C. / H2M CORP. CON3ULTINa ENGINUAS Amo [NVUlONMEWAL SCIomm CONTRACT - CONT'D. (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 prices or by a lump sum mutually agreed upon by the Town and the Con- tractor, or (3) If no such unit prices are 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, or 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 percent (20%) as full compensation for all other items of profit , costs and expenses, including administration, overhead, superintendence, insurance, insurance other than Workmen 's Compen- sation Insurance, material used in temporary structures, allowances made by the Contractor to subcontractors, additional premiums upon the Performance Bond of the Contractor and the use of small tools. • 4. TIME OF ESSENCE Inasmuch as the provisions of this Contract relating to the time for 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 pro- visions are of the essence of this Contract. 5. COMMENCEMENT OF WORK The Contractor agrees that he will commence work within ten (1.0) consecutive calendar days after signing this Contract, and that the day fie commences work shall constitute the first of the consecutive calendar days allowed for completion of the work. C-4 HOLZMACHER, MCLENDON &MURRELL, P.C. / H2M CORP. CONSULTING ENGIN[[RS AND [Wj1IONM[NTAL SCIENTISTS CONTRACT - CONT'D. 6. TIME FOR COMPLETION The time for completion of this Contract shall be within the number of calendar days stated in the Bid Proposal and the date of such completion shall be the date of the certificate of com- pletion hereinafter specified. The Town reserves the right to order the Contractor to suspend operations when, in the opinion of the Engineer, impro- per weather conditions make such action advisable, and to order the Contractor to resume operations when weather and ground con- ditions permit. The days during which such suspension of work is in force are not chargeable against the specified completion time. 7. LIQUIDATED DAMAGES FOR DELAY The time limit being essential to and of the essence of this Contract , the Contractor hereby agrees that the Town 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 two hundred and fifty dollars ($250.CO) per day 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 Town 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, provided, however, that the Town 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 completign of his 4 work by reason of unforeseeable causes beyond his control and with- 2 out his fault, or negligence, including but not restricted to Acts .of God or of any public enemy, acts or neglect of the Town # acts or neglect of any other Contractor, fires, floods, epidemics, quarantine restrictions, strikes, riots, civil commotion 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 Town. No such extension of time shall be considered a waiver by the Town of its right to terminate the Contract for abandonfdOnt or delay by the Contractor as hereinafter provided or relieve the Contractor from full responsibility for performance Of his obliga- tions hereunder. C-5 RT HOLZMACHER, MCLENOON 6 MURRELL. P.C. / H2M CORP. CONSULTING ENOINEEAS ANO ENVIRONMENTAL SCIENTISTS CONT11ACT - CUNT' 1). IL 9. CONTRACT SECURITY (a) 'rhe Contractor shall furnish a Performance Bond in an amount equal to one hundred percent ( 100` ) of the total. contract price as security for the faithful performance of this contract , and for the payment of all persons performing labor or furnishing mater- ials in connection with this Contract . (b) Additional or Substitute Bond : If, at any time, the Town shall be or become dissatisfied with any surety or sureties, then upon the Performance Bond, or if , for any other reason , such bond shall cease to be adequate security to the Town , the Contractor shall , within five (5) days after notice from the Town, substitute an acceptable bond in such form and sum, and signed by such other surety as may be satisfactory to the Town . The premiums on such bonds shall be paid by the Contractor. No further payments shall be deemed due, nor shall be made until the new surety shall have been qualified. (c) Prior to release of the Performance Bond , the Contractor shall deliver ' to the Town a Maintenance Bond equal to one hundred percent (100%) of the total Contract price , including all extras. This Maintenance Bond shall remain in full force and effect for a period of one (1 ) year after the date of the final certificate and such bond, which shall be executed by the Contractor and issued by a reliable, solvent surety company authorized to do business inthe State of New York shall guarantee to the Town that the Contractor shall promptly remedy any defects or faults that may occur within twelve (12) months after completion and acceptance of the work performed by the Contractor pursuant to this Contract. 10. CONTRACTOR'S INSURANCE The Contractor shall not commence any work until he has obtained and had approved by the Town all of the insurance required under this Contract , as enumerated herein : Compensation Insurance Public Liability and Property Damage Insurance Contractor's Protective Liability and Property Damage Insurance Owner's (Town of Southold) and Engineer' s Pro- tective Public Liability and Property Damage Insurance Automobile Public Liability and Property Damage Insurance C-6 HOUMACHER, McLENWN 6 MURR" P.C. / H2M CORP. CONlULTING ENOINEMB ANO ENVIRONMEHTAI 9CIENT M CON*TRACT - CONT' D. The Contractor shall not permit any subcontractor to commence any operation on the site until satisfactory proof of carriage of the above required insurance has been posted with, and approved by, the Town. (a) Compensation Insurance: The Contractor shall take out and maintain, during the life of this Contract, Workmen's Compensation Insurance for all of his employees employed at the site of the pro- ject , and in any case of any of the work being sublet, the Contractor shall require the subcontractor similarly to provide Workmen's Com- pensation Insurance for all of the latter's employees, unless such employees are covered by the protection afforded by the Contractor. (b) Public Liability and Property Damage Insurance: The Con- tractor shall take out and maintain during the life of this Contract such Public Liability and Property Damage Insurance as shall pro- tect him and any subcontractor performing work covered by this Contract for 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, whether such opera- tions be by himself or by any subcontractor, or by anyone directly or indirectly employed by either of them, and the amounts of such insurance shall be as follows: Public Liability Insurance in the amount not less than Five Hundred Thousand Dollars ($500,000. ) for bodily injuries, including wrongful death to any one person, and subject to the same limit for each person in an amount not less than One Million Dollars ($1,000,000. ) on account ,of one accident. Property Damage Insurance in an amount not less than One Hundred Thousand Dollars ($500,000. ) for damages on account of any one accident and in an amount of not less than Two Hundred Thousand Dollars ($1 ,000,000. ) for damages on account of all accidents. (c) Liability and Property Damage Insurance: The above policies for public liability and property damage insurance must be so written as to include Contractor's Protective Liability and Property Damage Insurance to protect the Contractor against 0 claims arising from the operations of any subcontractor. C-7 HOLZMACHER. MCLENDON 6 MURRELL. P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT' D. (d) Owner's and/or Engineers Protective Public Liability and Property Damage Insurance: (Town and/or Town Board, Town of Southold and/or Holzmacher, McLendon & Murrell, P.C. ) The Con- tractor shall furnish to the Town with respect to the operations he or any of his subcontractors perform, a regular Protective Public Liability Insurance Policy for and in behalf of the Town and/or Town Board, Town of Southold and/or Holzmacher, McLendon & Murrell, P.C. , providing for a limit of not less than $500,000. for all damages arising out of bodily injuries to, or death of one person and subject to that limit for each person, a total limit of $1,000,000. for all damages arising out of bodily inju- ries to, or death of, two or more persons in any one accident ; and regular Protective Property Damage Insurance providing for a limit of not less than $500,000. for all damages arising out of injury to, or destruction of, property in any one accident and subject to that limit per accident a total (or aggregate) limit of $1, 000,000. for all damages arising out of injury to, or des- truction of property during the policy period. The insurance must fully cover the legal liability of the Town and/or Town Board, Town of Southold as owner and/or Holzmacher , McLendon & Murrell, P.C. t The coverage provided under this policy must not be affected if the Town and/or Engineer performs work in connection with the project either for, or in cooperation with, the Contractor or as an aid there- to, whether the same be a part of the Contract or separate there- from, by means of its own employees or agents, or if the Town and/or Engineer directs or supervises the work to be performed by the Contractor. (e) Automobile Public Liability and Property Damage Insurance: The Contractor shall take%out and -maintain during the life of the Contract such automobile public liability and property damage insurance as shall protect him and any subcontractor performing work covered by this contract 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 Con- tract, whether such operations be by himself or by any subcontractor, or by anyone directly or indirectly employed by either of them and the amounts of sucl, insurance shall be as follows: r C-8 HOLZMACHER. McLENDON &MURRELL. P.C. / H2M CORP. CON3ULTINO ENOINEERG AND ENVIRONMENTAL SCIENTIM CONTRACT - CONT'D. Automobile Public Liability Insurance in an amount not less than Five Hundred Thousand Dollars ($500,000. ) for bodily injuries, including wrongful death by any one person, and subject to the same limit for each person in an amount not less than One Million Dollars ($1,000,000. ) on account of one accident. Automobile Property Damage Insurance in an amount of not less than One Hundred Thousand Dollars ($100,000. ) for damages on account of any one accident and in an amount of not less than Two Hundred Thousand Dollars ($200,000. ) for damages on account of all accidents. 11 . PROOF OF CARRIAGE OF INSURANCE The Contractor shall furnish the Town with certificates of each insurer insuring the Contractor or any subcontractor under this Contract , except with respect to subdivision (d) of Paragraph 10. In respect to this paragraph, the Contractor shall furnish the Town with the original insurance policy and a copy to the Engineer. Both certificates, as furnished, and the insurance policy, as required, shall bear the policy numbers, the expiration date of the policy and the limit or limits of liability thereunder. Both the certificates and the policy shall be further endorsed to provide the Town and Engineer with any notice of cancellation at least five (5) days prior to the actual date of such cancellation. i C-9 HOLZMACHER, MCLENDON 6 MURRELL. P.C. / H2M CORP. CONSULTINO ENOINEEA3 AND ENVIRONMENTAL SC1ENTIM CONTRACT - CONT" D. a 12. COMPLIANCE WITH LABOR AND PENAL 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 Laws, as amended, provide 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 con- templated by this Contract , shall be permitted or required to work more than eight (8) hours in any one 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, except in such emergency; that the wages to be paid for a legal day's work as hereinbefore defined, to laborers, workmen, or mechanics upon the work called for under this Con- tract , or for any materials 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 outside the limits of cities and villages are no longer exempt from the pro- visions of the Labor Law which required the payment of the pre- vailing rate of wages and the eight (8) hour day. Section 222 of the Labor Law, as amended by Chapters 556 and 557 of the Laws Of 1933, provides that preference in employ- ment 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 satis- factory 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 IndustrialCommissioner, the Con- tractor 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 (30) days nor more than ninety (90) days, or both fine and imprisonment. C-10 HOIZMACHER, MGLENOON 6 MURRELL. P.C. / H2M CORP. CON3ULnNO ENOINEERG AND ENVIRONMENTAL MCNTIM CONTRACT - CONT'D. Section 220A of the Labor Law, as amended by Chapter 472 of the Laws of 1932, provides that before payment is made by or on behalf of the State or 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 satis- sub- contractor to file a certified statement in writing, factory 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 Contract, 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 payment to any Contractor or subcontractor to the extent of the amount or 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 other reason, it may be deemed advisable, the Comptroller of the State or other financial officer of the Municipal Corporation may deduct from the whole amount of any payment on account thereof the sum or sums admitted by any Contractor or subcontractor in such statement or statements so filed to be due and owing by him on account of labor per- formed 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 varified statements filed by any Con- tractor 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, recon- struction, maintenance and/or repair of highways to which the State, County, Town and/or Village is a party shall contain the provision stating the minimum rate of hourly wage that can be 6 paid, as shall be designated by the Industrial Commissioner, 2 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 C-11 HOl2MACHER. MCLENOON 6 MURRELL, P.C. 1 H2M CORP. CON3UMNa ENGINE[R/ AND ENVIIIONMENTAI SCIENTISTS CONTRACT - CONT'D. 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 by both 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 or nor shall any officer, agent or employee of the State pay the same or authorize its payment from tl-e 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 Com- missioner, State of New York, for this Contract , are as set forth in the Information for Bidders. Section 1918 of the Penal Law, as amended, provides that 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 of 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 person, corporation or municipality conveying combustible gas, and if any emergency involving danger to life, health or property, ll be lawful to excavate without using explosives if the notices prescribed herein are given as soon as reasonably possible, and to disharge explosives to protect a person or persons from an immediate and substantial danger of death or serious personal in- jury if such notices are given before any such discharge is under- taken. Any such work shall be performed in such manner as to avoid damage to pipe conveying combustible gas. Any violation of the provisions of this Section shall be a misdemeanor. C-12 HOLZMACHER, MCLENDON 6 MURRELL. P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL 9C1(JdT1M CONTRACT - CON'1" 1). 13. QUALIFICATIONS FOR EMPLOYMENT No person under the age of sixteen (16) years , and no person currently serving sentence in a penal or correctional institution shall be employed to perform any work on the project under this Contract . No person whose age or physical condition is such the ch as to make his employment dangerous to his health or safety , health and safety of others, shall be employed to perform any work on this project ; provided, however, that such restriction shall not operate against the employment of physically handi- capped persons, otherwise employable, where each person may be safely assigned to work which they can ably perform. 14. NON-DISCRIMINATION There shall be no discrimination because of race, creed or color in the employment of persons for work under this Contract , whether performed by the Contractor or any subcontractor. Neither shall the Contractor or any subcontractor discriminate in any manner against intimidate Contract onemployee accounthired race,the creedrorrm- ance of work under color. There may be deducted from the amount payable to the Con- tractor by the Town 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 for second or of the provisions of this paragraph; .-prthis Con- any subsequent violation of the terms of this paragraph, Con- tract may be canceled or terminated by the Town and all monies due or to become due hereunder may be forfeited. 15. PAYMENT OF EMPLOYEES The Contractor and each of his subcontractors shall pay each r of his employees engaged in work on this project tinder this Contract in full ( less deductions made mandatory by law) in cash and not less often than once each week. C-13 HOLZMACHER, MCLENDON&MURRELL,P.C. CONTRACT - CONT'D. 16. ESTIMATES AND PAYMENTS (a) Monthly: At the end of each calendar month during the progress of the work, the Engineer shall make up an approximate estimate of the work done and the materials furnished, based upon the prices set forth in the Proposal. In consideration of the work done and the materials furnished, the Town will pay or cause to be paid to the Contractor the amount estimated by the Engineer as due him less a sum equal to five percent (5X) of such amount and less such additional amount as may be necessary to satisfy any claims, liens or judgments against the Contractor which have not been suitably discharged. The making of any such estimate or payment made thereon shall not be taken or construed as an acceptance by the Engineer or the Town of any work so estimated and paid for. The amount of the monthly estimate remaining unpaid will be retained by the Town as a guarantee that the Contractor will faithfully and completely fulfill all obligations imposed by the Contract and Specifications, and against any damages incurred by the Town by reason of any failure on the part of the Contractor to fulfill all conditions and obligations herein contained. All partial payments are subject to correction in any subse- quent payment. The retained amounts shall be paid as set forth in 16b. The Contractor shall receive payment within ten (10) days after the Town receives payment from the New York State Department of Transportation. (b) Final Certificate: Thirty (30) days after the Contractor shall have substantially completed the work required of it under the Contract, the Engineer will prepare a final certificate of the remaining amount of the Contract balance less a sum equal to two (2) times the value of any remaining items to be completed and less an amount necessary to satisfy any claims, liens or .j'udgments against the items of work are satisfactorily completed or corrected, the Town shall promptly pay, upon receipt of a requisition for these items less an amount necessary to satisfy any claims, liens or judgments against the Contractor which have not been suitably discharged. Any claims, liens and judgments referred to in this section shall pertain to the project and shall be filed in accordance with the terms of the applicable Contract and/or applicable laws. The Contractor shall receive payment within ten (10) days after the Town receives payment from the New York State Department of Transpor- tation. (c) In order to secure the performance of the convenant of the Contractor, prior to release of the Performance Bond, the Contractor shall deliver to the Town a Maintenance Bond equal to one hundred percent (100X) of the total Contract price, including all extras. This Maintenance Bond shall remain in full force and effect for a period of one (1) year after the date of the final certificate and such bond, which shall be executed by the Contractor and issued by a reliable, solvent surety company authorized to do business in the State of New York shall guarantee to the 8 Town that the Contractor shall promptly remedy any defects or faults that 2 may occur within twelve (12) months after completion and acceptance of the work performed by the Contractor pursuant to this Contract. C-14 HOLZMACHER, MCLENOON & MURRELL. P.C. / H2M CORP. CONSULTING ENGINEERS ANO ENVIRONMENTAL BCIENTIM CONTRACT - CONT' D. (d) Measurements for Payment : The Engineer shall make due measurement of the work done during the progress of the work and his estimate shall be final and conclusive evidence of the amounts of work performed by the Contractor under, and by virtue of , this agreement , and shall be taken as the full measure of compensation to be received by the Contractor. When requested by the Contractor, the Engineer shall measure, re-measure or re-estimate any portion of the work ; but the expense of such re-measurement or re-estimating shall , unless material error be proved , be paid for by the Contractor. 17. 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 Town from all claims and all liabilities to the Contractor for all things done or furnished in connection with this work and for every act and neglect of the Town and other relating to, or arising out of , this work, excepting the Contractor 's claims for interest upon the final payment , if ry this payments be improperly delayed. No payment , however, final or otherwise, shall operate to release the Contractor or his sureties from any obligations under this Contract or the Performance Bond. 18. CONSTRUCTION REPORTS The Contractor shall.- submit to the Engineer prior to the commencing of any work under this Contract a detailed schedule and plan of operation, indicating the -manner in which the Contractor proposes to prosecute the work, and a time schedule therefore. 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 Contractor shall furnish the Engineer with periodic esti- mates for partial payments as required elsewhere in the Contract documents and, in addition thereto , will furnish the Engineer with a detailed estimate for final payment. Prior to being eligible to receive 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 other than the Town as may be required by such existing laws or regulations. C-15 HOLZMACHER, McLENDON & MURRELL. P.C. / H2M CORP. CON3ULTINO ENGINEERS AND ENVIRONMENTAL SCIENTIM CONTRACT - CONT' n. 19. INSPECTION AND TESTS All material and workmanship shall be subject to inspection, examination and test by the Engineer and other representatives of the Town at any time during the construction and at any and all places where manufacturing of materials used and/or construct- tion is carried on. Without additional charge, the Contractor shall furnish promptly all reasonable facilities, labor and materials neces- sary to make tests so required safe and convenient . If, at any time, before final acceptance of the entire work, the Engineer considers necessary or advisable an examin- ation 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 expenses of or 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 examin- ation and reconstruction in the manner herein provided for the payment of costs of extra work. The selection of laboratories and/or agencies for the in- spection and tests of supplies, materials or equipment shall be subject to the approval of the Engineer. Satisfactory documen- tary evidence that the material has passed the required inspec- tion and test must be furnished the Engineer prior to the incor- poration of the material in the work. Any rejected work shall be removed from the site of the project completely at the expense of the Contractor. R C-16 HOLZMACHER. McLENDON d MURRELL. P.C. / H2M CORP. CONSULTING ENGINEER! AND ENVIRONMQITAL 9CIENTIS" CONTRACT - CONV D. 20. PLANS AND SPECIFICATIONS - INTERPRETATIONS The Contractor shall keep at the site of the work one copy Of the flans 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 on the Plans shall have the same effect .as if shown or mentioned respectively in both. In case of any conflict or inconsistency between the Plans and Specifications , the Plans shall govern. Any discrepancy between the figures and specifications shall be submitted to the Engineer, whose decision therein shall be conclusive. 21. SUBSURFACE CONDITIONS FOUND DIFFERENT Should the Contractor encounter subsurface conditions at the site materially differing from those shown on the Plans or indi- cated 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 . 22. CONTRACTOR'S TITLE TO MATERIALS No material or supplies for the work shall be purchased by the Contractor or by 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. 23. SUPERINTENDENCE BY CONTRACTOR At the site of the work the Contractor shall employ a Con- struction Superintendent or foreman who shall have full authority to act for the Contractor. It is understood that such represen- tative 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. C-17 HWMACHER. McLENDON 6 MURRELL. P.C. / H2M CORP. CON3ULTINO ENOINEEAS ANC ENVIROMM04TAL SCIENTISTS CONTRACT - CONT' n. 24 . PROTECTION OF WORK, PERSONS AND PROPERTY Precaution shall be exercised at all times for the proper protection of all persons , property and work. The safety pro- visions 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 Town or its Engineer to adequately safeguard the traveling public. The Contractor shall give notice to the owners of all utilities which may serve the area and request their assistance in pre- determining the location and depth of the various pipes , conducts , manholes and other underground facilities . 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 Town or its duly authorized- representatives. uthorizedrepresentatives. The Contractor shall provide and maintain such watchmen, barriers , lights , flares and other signals, at his own expense, as will effectively prevent any accident in consequence of his work for which the Town might be liable. The Contractor shall be liable for all injury or damage caused by his act or neglect, or that of his employees: 25. PATENT RIGHTS As part of his obligation hereunder and without any ad- ditional 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 Town for any loss on account of any infringement of any patent rights , unless prior to his use in the work of a particular process or a product of r a particular manufacturer, he notifies the Town in writing that such process or product is an infringement of a patent. C-18 HOLZMACHER, McLFNDON & MURREL.I. P.C. / H2M CORP. CONSULTING EJNGINURS AND ENVIRONMCHTAL MENTIM CONTRACT - CONV D. 26. REPRESENTATIONS OF CONTRACTOR The Contractor represents and warrants : (a) That he is financially solvent and that he is experienced in and competent to perfrom 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 Laws, 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 it is intended and that such construc- tion 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 investigation he has satisfied himself as to the nature and location of the work, the character, location, quality and quantity of surface and sub- surface materials , structures and utilities likely to be encountered, the character of equipment, and other facilities needed for the performance of the work, the general local conditions which may in any way affect the work or its performance. 27. AUTHORITY OF THE ENG-INEER - In the performance of the work, the Contractor shall abide by all orders and directions and requirements of the Engineer and shall perform all 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 d her questions in connection with the work. Upon request, the Engineer shall confirm in writing any oral orders, directions , requirements or determinations. The enumeratirn herein or elsewhere in the contract documents of particular instances in which the opinion, judgment, 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 so performed, but without exception all the work shall be governed and so performed. C-19 H() HOLZMACHER, McLENDON&MURRELL,P.C. LA C4pNWLTINO ENOONEIR&WWONMEWYAL V-MMYSTS.d PIANNEftb CONTRACT - CONT'D • 28. SURVEYS The Engineer will furnish the Contractor with the benchmarks necessary to complete the work. All further layout of lines and grades will be the responsibility of the Contractor. 29. CHANGES AND ALTERATIONS The Town reserves the right to make alterations in the location, line, grade, plans, form or dimensions of .the workf or any part thereof, either before or after the commencement of the 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. I.f 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. t 30. CORRECTION OF WORK All work and all materials, whether incorporated into the work or not, all processes of manufacture and. all methods of con- struction shall be, at all times and places, subject to the in- spection 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. Rejected materials shall im- mediately be removed from the site. 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 judgment of the Engineer, shall be equitable. Y The Contractor expressly warrants that his work shall be 6 free from any defects in materials or workmanship, and agrees 2 to correct any defects, settlements, or shrinkages which may appear within one year following the date of the final certi- ficate. Neither the acceptance of the completed work nor SORT C-20 81-01 HOLZMACHER, McLENDON 6 MURRELL. P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT'D. • payment therefor shall operate to release the Contractor or his sureties from any obligations under or upon this Contract or the Performance Bond. 31. WEATHER CONDITIONS In the event of temporary suspension of the 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 materials shall have been damaged or injured by reason of the failure on the part of the Contractor or any of his subcontractors to protect his , or their work, such work and materials shall be removed and replaced at the expense of the Contractor. a 32. THE TOWN'S RIGHT TO WITHHOLD PAYMENTS The Town may withhold from the Contractor so much of any approved payments due him as may, in the judgment of the Town, 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 Town from loss. due to defec- tive work not remedied, or (c) To protect the Town 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 Town shall have the right, as agent for the Contractor, to apply any such amounts so withheld in such manner as the Town may deem proper to satisfy such claims or to secure such protection. Such application of such money shall be deemed payments for the account of the Contractor. C-21 HOLZMACHER. MCLENOON a MURRELL. P.C. / H2M CORP. CONlULTINO ENGINEERS AND ENVIRONMENTAL SCIENTIM CONTRACT - CONT' D. w • 33. THE TOWN 'S RTG11T TO STOP WORK OR TERMINATE CONTRACT: IF, (a) The Contractor shall. be adjudged bankrupt or make an assignment for the benefit of creditors , or (b) A receiver or liquidator shall be appointed for the Contractor for any of his property and shall not be dismissed within 20 days after such appointment , or the proceedings in connection therewith shall not be stayed on appeal within the said 20 days, or (c) The Contractor shall refuse or fail , after notice or warning from the Engineer, to supply enough properly skilled workmen or proper materials, or (d) The Contractor shall refuse or fail to prosecute the work or any part thereof with such diligence as will insure its completion within the period herein specified (or any duly authorized extension thereof) or shall fail to complete the work within said period , or (e) The Contractor shall. fail to make prompt payment 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 provision of this Contract, then, and in any such event , the Town, without prejudice to any other rights or remedy it may have, may by seven (7) days notice to the Contractor, terminate the employ- ment of the Contractor and- his rights to proceed either as to the entire work or (at the option of the Town) 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 Town may deem expedient . In such case, the Contractor shall 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. C-22 r1%A.A.M^L,t1Ln. M{:Lf r14LA. V a OOU#%"LLL. I.U. / 114M L.unr. CONDULTINO ENGINEER• ANO ENVIRONMENTAL BCICNTISTI CONTRACT - CONT'U. e � > If such expense shall exceed the unpaid balance, the Contractor and his sureties shall be liable to the Town for such excess . If the right of the Contractor to proceed with the work is so terminated, the Town 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 Town does not so terminate the right of the Contractor to proceed, the Contractor shall continue the work. 34 . CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT If the work shall be stopped by order of the Court or any other public authority, for a period of three months without act or fault of the Contractor or of any of his agents , servants, em- ployees or subcontractors , the Contractor - may, upon ten (10) days notice to , the Town, discontinue his performance of the work and/or terminate the Contract, in which event the liability of the Town to the Contractor shall be determined as provided in the paragraphs immediately preceding, except that the Contractor shall not be obligated to pay to the Town any excess of the expense of completing the work over the unpaid balance of the compensation to be paid to the Contractor hereunder. 35. RESPONSIBILITY OF WORK The Contractor agrees to be responsible for the entire work embraced in this Contract until its completion and final acceptance, and that any unfaithful or imperfect work that may become damaged from any cause, either by act of commission or omission to properly guard and protect the work that may be dis- covered at any time before. the completion and acceptance shall be removed and replaced by good and satisfactory work without any charge to the Town 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 of any work by the Engineer at or before the time of a partial payment -or other estimate shall not be construed to be an acceptance of any defective work. C-23 HOLZMACHER. McLENDON 6 MURRELL. P.C. / H2M CORP. CONSULTING ENGINELRi AND ENVIRONMENTAL BCIENTIM COWRACT - COW, i). 4 36. USES OF PREMISES AND REMOVAL OF DEBRIS The Contractor expressly undertakes at his own expense: (a) to take every precaution against injury to persons or damages to property ; (b) to store his apparatus , materials , supplies and equip- ment 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 ; or other contractors ; (c) to place upon any of the completed work only such super- imposed loads as are consistent with the safety of that portion of the work; (d) 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 and orderly and workmanlike appearance ; (e) before final certificate, to remove all surplus material, temporary structures , plants of any description and debris of any and every nature resulting from his operations and to put the site in a neat and orderly condition. 37. POWER OF THE CONTRACTOR TO ACT IN AN EMERGENCY In case of an emergency which threatens loss or injury to property and/or safety to life, the Contractor will be permitted to act as he sees fit without previous instructions from the En- gineer. He shall notify the Engineer thereof immediately there- after 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 s• prevent such threatened injury or damage, he shall act as in- structed 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. nUILIMALritN, MCLLN[XHV 6 MUNNtLL. rX- / tQM L&W'-- CON3ULTINO ENOINE[AS ANO ENVIRONMCMTAL SCIENTISTS CONT'RAcr - CONT" 1). a 38. SUITS AT LAW The Contractor shall indemnify and save harmless the Town from and against all suits , claims , demands or actions for any injury sustained or alleged to be sustained by any party or parties in connection with the construction of the work or any part thereof, or any commission or omission of the Contractor, his employees or agents or any subcontractors and in case any such action shall be brought against the Town, the Contractor shall immediately take care of and defend the same at his own cost and expense. 39. 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 be read and 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 forthwith be physically to make such insertion, 40. 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 obtain- ing the written consent of the Town. This Contract shall endure to the benefit of and shall be binding upon the parties hereunder and upon their respective successors and assigns, but neither party shall assign or transfer his interest herein in whole or in part without consent of the other. 41. WAIVER OF IMMUNITY If any person, corporation, or body contracting with the Town, who when called before a grand jury , head of a city department , or other agency, which is empowered to compel the attendance of wit- ness and examine them under oath, to testify in an investigation concerning any transaction or contract had with the state, any polit- ical subdivision thereof, • public theauthority orrofwith anyany political sub- division department, agency or official division thereof or of a public authority, refuses to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant question concerning such transaction or contract, then C-25 CONSULTING ENGINEEAS AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT' 1). (a) such person, and any firm, partnership or corporation of which he is a member, partner, director or officer shall be disqual- ified from thereafter selling to or submitting bids to or receiving awards from or entering into any contracts with any municipal corp- oration or fire district , or any public department, agency or official thereof, for goods , work or services , for a period of five years after such refusal (b) any and all contracts made with the Town or any agency or official thereof, 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 Town 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. f C-26 H(XLMACHLN, MCLLINUUN & MUNNLLL, r.c. / "M wnr. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT' D. n IN WITNESS WFIEREOF, the parties hereto have set their hands and seals the day and year first above written. TOWN OF SOUTHOLD BY : (TOWN SEAL) William R. Pell III , Supervisor (SEAL) Contractor BY : TITLE: STATE OF NEW YORK ) ) ss: COUNTY OF SUFFOLK ) 19 On the_ day of_ before me personally ► _— came William R. Pell III , to me known, who being by me duly sworn, did depose and say that he is the duly elected Supervisor of the Town of Southold, County of Suffolk, New York , and that at a meeting of the Town Board of the Town of Southold, duly held on the day of 19 the said Board, authorized the said Super- visor to execute all and any contracts on behalf of the Board; that he knows the seal of the said Town, that the Seal affixed to the foregoing instrument is its corporate seal ; that it was affixed thereto by order of the said Board , and that he signed his name thereto and executed the said instrument on behalf of the said Town by like order and authority . NOTARY PUBLIC C-27 rr��wr�..ruy wwailwr• W ...v....w.+. . .... .r�.w w..r . CONSULTING ENGINEERS ANO ENVIRONMENTAL SCIENTIM CONTRACT - CONT'D. n ACKNOWLEDGMENT OF CONTRACTOR, IF A CORPORATION v STATE OF NEW YORK) ) SS: COUNTY OF ) On this day of 19 before me personally came and appeared to me known, who by me being duly sworn, did depose and say that he resides at that he is the of the Corporation described in and which executed the foregoing in- strument, that, he knows the seal of said corporation, that one of the seals affixed to said instrument is such seal , that it was so affixed by order of the Directors of said corporation, and that he r signed his name thereto by like order. NOTARY PUBLIC ACKNOWLEDGMENT OF CONTRACTOR IF A PARTNERSHIP STATE OF NEW YORK) SS: COUNTY OF ) On this day of 19 , before me personally came and appeared , to me known, and known to me to be one of the members of the firm of , described in and who executed the foregoing instrument, and lie acknowledged to me that he ex- ecuted the same as and for the act and deed of said form. NOTARY PUBLIC C-28 f i 1 r n � ` I 1 A. HOLZMACHER,McLENDON andMURRELL,P.C. Consulting Engineers. Environmenta'i Scientists and Planners Melville,N.Y. Fam*Vdale.N.Y. Riverhead.N.Y. TOWN OF SOUTHOLD v SUFFOLK COUNTY NEW YORK CONTRACT AND SPECIFICATIONS FOR RESURFACING OF SOUND AVENUE AT THE WESTERN TOWN LIMIT PROJECT NO. SOHT 81-01 TOWN BOARD Supervisor William R. Pell III Councilmen Larry W. Murdock John J. Nickles Francis T. Murphy Joseph L. Townsend, Jr. Justice Raymond W. Edwards, Jr. SUPT. OF HIGHWAYS TOWN CLERK Raymond C. Dean Judith T. Terry SEPTEMBER 1982 HOLZMACHER,MCLENDON andMURRELL,P.C. Consulting Engineers. Environmental Scientists and Planners Melville,N.Y. Farmingdale.N.Y. Nver ead.N.Y. HOLZMACHER, MCLENDON&MURRELL.P.C. CONEUlTINO EMWNEEM.ENVMIONYEMTµEpEMTMTl.nO rl/1NNEIIE INDEX TOWN OF SOUTHOLD RESURFACING OF SOUND AVENUE AT THE WESTERN TOWN LIMIT PROJECT NO. SOHT 81-01 PAGE NO. INDEX I - 1 page NOTICE TO BIDDERS NB - 1 page INFORMATION FOR BIDDERS IB - 12 pages PROPOSAL P-A through P-D GENERAL CONDITIONS GC - 6 pages ITEM SECTION PAGE .' NO. NO. SECTION CODE NO. r , -- 0 General Specifications GS (11 pages) 1 5 5 Pavement Restoration & Replacement PRR (4 pages) 12 10 10 Maintenance & Protection of Traffic MPT (6 pages) 16 11 11 Tack Coat TC (2 pages) 22 12 1.2 Thermoplastic Pavement PM (5 pages) 24 Markings 14 14 Additional Excavation & Backfill AE&B (3 pages) 29 51 TL 51 TL Asphalt Concrete Truing & Leveling ACTT, (1 page) 32 51 FZ 51 FZ Asphalt Concrete Type 1A (Top Course) ACTC (1 page) 33 INDEMNI.TYr LIMITATION OF LIABILITY ILL - (1 page) -- CONTRACT C - (28 pages) -- •V I-1 HOLZMACHER, MCLENOON&MURRELL.P.C. pOwunlwW EwOMI[[M[wVMOMM[wTK[p[NTM{r[•N ruwwOM NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN that SEALED BIDS will be received by the Town Clerk of the Town of Southold at the Town Hall, Main Road, Southold, New York, until 11:00 A.M . , prevailing time, on ThursdaY. September 30, 1982 at which time and place they will be publicly opened and read for the following contract: RESURFACING OF SOUND AVENUE AT THE WESTERN TOWN LIMIT Plans and specifications may be obtained at the Town Hall and offices of the Consulting Engineers, HOLZMACHER, McLENDON & MURRELL, P.C. 209 West Main Street, Riverhead, New York, 11901, and Suite 140, 125 Baylis Road, Melville, New York, 11747, upon deposit of twenty-five ($25.00) for each set furnished. Deposits will be refunded to bidders who return the plans and spec- ifications within ten (10) days in good condition; other deposits will either be partially or not refunded if the Specifications have not been returned in good condition within thirty (30) days after bids have been opened. Each Proposal must be accompanied by a certified check or bid bond in the amount of five percent (5%) of the total bid, made payable to William R. Pell, III, Supervisor, Town of Southold, as set forth in the Information to Bidders. The Town reserves the right to reject any or all bids, to waive any informalities and to accept such alternate bid which, in the opinion of the Town Board, will be in the best interests of the Town. BY ORDER OF THE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK JUDITH T. TERRY, TOWN CLERK TOWN OF SOUTHOLD SOUTHOLD, NEW YORK 11971 DATED: SEPTEMBER 7 , 1982 NB-1 HOLZMACHER. MCLENDON&MURRELL.P.C. cowwrwa oxmum■MI awANTAI&CNE-5 ry KAwAft INFORMATION FOR BIDDERS t BIDS FOR PROJECT The Town of Southold Will, receive SEALED PROPOSALS for Resurfacing of Sound Avenue at the Western Town Limit. TIME AND PLACE OF BID Bids are to be submitted in opaque envelopes and will be received by the Town of Southold at the Town Hall, Main Road, Southold, New York, not later than 11:00 A.M. , Prevailing Time, Thursday, September 30, 1982 , at which time and place they will be publicly opened and read aloud. Use of the mails shall be at the Bidder' s own risk, and the Bidder shall be responsible for physical delivery of the Bid at the time and place set for opening of Bids. BID ENVELOPE All proposals and either the certified check or bid bond must be placed in a sealed envelope bearing the Bidder' s firm name and address marked, "Project No. SOHT 81-01, Proposal for Resurfacing Sound Avenue at The Western Town Limit, Town of Southold, Suffolk County, New York" , but otherwise unmarked. If mailed, this envelope shall be placed in another envelope addressed to Town Clerk Judith T. Terry, Town of Southold, Town Hall, Main Road, Southold, New York 11971. Use of the mails is at the Bidder' s risk. w IB-1 pULLMAk;HGN, MCLtMLXJN 6 MUf1NL"- "" I rum v.w'tr. CONSUMNO ENGINEEAS AND ENVIRONMENTAL WOOT1872 INFORMATION FOR BIDDERS (CONT' D. ) SPECIFICATION DEPOSITS (a) Deposits for specifications will be completely refunded to Bidders who return same in good condition within ten (10) days after r.,- eipt of bids. Bidders will receive one-half of: the deposit amount fur specfications returned after ten (10) days and before thirty (30) days following the bid date. (b) Deposits for specifications will be completely refunded to non-bidders who return same in good condition within 48 hours of receipt of said specifications. Non-bidders will receive one-half the deposit amount for specifications returned in good condition within ten (10) days following the bid date. No deposit for specifica- tions will be refunded to non-bidders after ten (10) days following the bid date. IB-2 HOLZMACHER, McLENDON 3 MURRELL,P.C. OONVATNiO ENONMOW INVMO WWAL SCHNTOU■1/PLANW94 INFORMATION FOR BIDDERS (CONT' D. ) SPECIFICATIONS Complete sets. of specifications for the inspection of prospective bidders will be found on file with the Town Clerk, Town of Southold, Town Hall, Main Road, Southold, New York, and at the office of Holzmacher, McLendon & Murrell, P.C. Consulting Engineers, 209 West Main Street, Riverhead, New York, or Suite 140, 125 Baylis Road, Melville , New York. All contractors must leave their names, phone numbers and correct mailing addresses upon receipt of the specifications. VERBAL ANSWERS The Town, its .agents, servants•'or employees, or the Engineer, will not be responsible in any manner for verbal answers to any in- quiries regarding the meaning of the contract specifications given prior to the awarding of the contract. EXAMINATION OF SITE Bidders must satisfy themselves by personal examination of the location of the proposed work and of the actual conditions and require- ments of the work, and shall not, at any time after the submission of a proposal, dispute or complain of' such estimate or assert there was any misunderstanding in regard to the scope of work. The Contractor shall inspect the site and existing conditions be- fore submitting his bid. PROPOSAL The Form of Proposal contained herein shall be used in making out bids. Any proposal not in accordance with these instructions, or con- taining bids not asked .for, may be rejected. • On those items in this contract for which there is a stated maximum and/or minimum allowable bid price, each bidder shall be responsible 7 for making sure that his bid falls within the stated limits. When the 2 price bid is lower than the minimum allowed, the bid price will be ad- justed upward to the minimum allowable price and when the price bid is higher than the maximum allowed, the bid price will be adjusted downward to the maximum. allowable price. SOHT IB-3 MUMACHER, mcLENDON & MURRELL. F.C. / 1-12M CORP. CONlULM40 INGINEEA• AND ENVIRONM04TAL OCIENT1111 I N FoIINI 'I'I ON FOR BIDDERS (C()N1 ' 1►. 1 k As the est intatc.. of eluant i t ics of i teens stated in tl►e proposal are allyroxinlate Only , 1) idders are rclluired to sul,mit their prl►posat upon and in the 1'01 10wi 111; exl,ress Gond i t i ons , 1411 ch sha 1 1 .1l►l,l y :Incl hecO111C a l►art of every proposal receive(] . liacll bidder shall fill Out , in ink , in I►oth words and figtil-es , in the spaces provided , his tl11it or lural, Suit hi4l , as the iase ul:ly he , fol. each i teill in said I:orm of I'ropos;ll for wl► ii 1► Ile is Suhuli tt int; a bid. No bid will be considered which does not include kids for all items in'tile lii'ohosr► l , incliailtll ►iimc o coilllilecaon . If the bid is not accepted by the Town within forty-five 151 days alto the receipt of bids , the ohl igaI. ion Of the kidder ( Under this proposal nlay terminate at Iris option and he Shall there• 111,011 he entitled t0 a refund of his certified check or release of his hid bond furnished ba y Ilial s security with i" s proposal . Il l I)_ B0ND lilt CIiR'f 1 I:I I:l► ('III:CK � Isach 1,1.01,05.11 from a contractor shall be accoml,anicd I,,v a hid bond or certified check on a• solvent hank of the Statr of IJrw fork , in percent ( S ) of the total I)id . Suci1 check shall the amount of Cive be made payable t0 William R. Pell III , Supervisor, Town of Southold, New York , a11d the amount thereof shall be the measure of 1 i(luidated damages which the Town will sustain by the frti ltlrc , neglect or refusal. of the bidder to execute aiid deliver the contract , should the contract be awarded to I►inl. The checks of all unsuccessful bidder_ s wi t l be retur11ed upon the rejection of bids and the execution of the contract by the parties ; also, the check of the successful bidder will he returned upon the execution of the contract and the furnishing of the reclli i red bond . NAM OF BIDDER I:.lcl1 hiddcr must state in his proposal , his full name and busi - ness address , and the full Haute of every person , 1'i 1.M or corporation interested in the Saute ; and the address of every person or f.irot or president and secretary of every corpor;ltion interested with 11im. If 113-4 fKJLLMA�.f1LJ. M4;LLr4L^AJ C. INUnnLLL. r-0— / 140" CONSULTING CNOINELAS AND ENVIRONMENTAL SCIDff'M INFORMATION FOR BIDDER (CONT - I). ) 1 no other person be so interested , lie must distinctly state that fact , also that his proposal is made without any connection directly or in- directly with any other bidder for tl►e work p:►rticularly mentioned in his proposal ; that it is in all respects without fraud or collu:: ion , and that no person acting for or employed by the Town is directly or indirectly interested therein, or in the supplies of work to which it relates , or in any portion of the prospective profits thereof. QUALTFTCATIONS OF BIDDERS (l ) The Town reserves the right to waive any informalities in, or reject any and all bids . The Town reserves the right to re- ject any and all bids which do not conform to the proposals , or upon which the bidders do not comply with the requirements of the Town as to their qualifications . (2) All hidders must prove to the satisfaction of the Town that they are reputable , reliable and responsible , and that they pos- sess the necessary qualifications to successfully deliver the proposed equipment , and that they have performed and completed successfully similar work to an extent which , in the opinion of the Town , will qualify them by experience to perform the work which is proposed. (3) In determining the qualifications of a bidder, the Town will consider his record in the performance of any contracts entered into by him for the work contemplated or of similar nature may make such investigation as it deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the Town all such information and data for this purpose as the Town may request. (4) The Town shall be the sole judge of the qualifications of the bidders and of the merits thereof and reserves the right to reject any bid if the record of the bidder in the performance of contracts , payment of bills and meeting of obligations to subcontractors , material - men or employees is not satisfactory to the Town , or if the evidence submitted by or the investigation of such bidders fails to satisfy the Town that h.e is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. GUARANTEE BOND . The successful bidder shall be required to furnish at. the execu- tion of the contract an executed bond of a surety company authorized 113- S HOLZMACHEH. MCLENDON & MUHHtLL. r.u. CONSULTING ENGINEER/ ANO LNV1110NM(MTAL *CIENTIATO INFORMATION POR Bi DDER (CON'r .. l)) to do business in the State of New York and approved by the TO".11t ill an amount equal to one hundred perccnt ( 100" ) of the tot" ' .► ` of the contract , l;uaranteeing to tile Town the faithful perf formance o the contract , an.l payment of all claims for materials , labor and wages in connection therewith . SIGNATURE OF CONTRACTOR The bidder to whom a contract may be awarded shall attend at the office of the Town , with the sureties offered by him, within ten (10) days , Sundry excepted , after the date of IIOt Lfic"tion by n►ai li of the acceptance of his proposal. , and there sign the contract in quadruDli cite for the work. In case of failure to do so, the bidder shall he considered as having abandoned the same , and the check accompanying his proposal shall be forfeited to the same ,, or the penalty of the bid bond shall be invoked. CONTI:ACTOR' S INSURANCE The contractor shall not continence any work Until he has obtained and had approved by the 'Town all of the insurance specified and required in the contract. WAIVER OF IMMUNITY Attention of the bidder is hereby directed to the requirements of the General Municipal LAW of the State of New York ►1�11y� ver 1partifcular to Section 103-a of the General Municipal Law regarding Immu►li.ty" , as indicated on Page C-8 of the contract. RESPONSIBILITY FOR BIDDER Attention is hereby particularly directed to the provisions of the contract w4ereby the contractor will be responsible for any loss or damage that may happen to the material or any part thereof during its delivery ; and also whereby the contractor shall make good any defects or faults due to materials or workmanship within twelve (12) months after its delivery, placement , and acceptance. 111-G CONOULTINO ENOINELAS ANO EmVIR0NMENTAL MOITIZU INFORMATION FOR BIDDERS (CONT'D. ) In order to secure the performance of the covenant of the con- tractor, the Town shall retain the Guarantee Bond during the period of one (1) year from the date of the Engineer' s final certificate. Work is required to be completed to the satisfaction of the Engineer and it, :substantial accordance with the specifications hereunto annexed. TOWN OF SOUTHOI,D SUFFOLK COUNTY, NEW YORK IB-7 State of New York Bureau of Public Work Department of Labor A. , State Office Building Campus Albany, N.Y. 12240 L CONTRACT REQUIREMENTS Each public work contract to which the State,a public benefit corporation,a municipal corporation or a commission is a party and which may involve the employment of laborers,workmen or mechanics,shall comply with the requirements of Article 8 of the New York State Labor Law: 1. No laborer, workman or mechanic in the employ of the contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by the contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week except in the extraordinary emergencies set forth in the Labor Law or where a dispensation is granted by the Industrial Commissioner. (See Section 220.2) 2. Each laborer, workman or mechanic employed by the contractor or subcontractor shall be paid not less than the prevailing rate of wages at the time the work is performed,and shall be paid or provided not less than the prevailing supplements at the time the work is-performed, as determined by the fiscal officer. If the prevailing rate of wages or the prevailing supplements change after the prevailing rate schedule is issued,each workman,laborer or mechanic shall be paid or provided not less than the new rates. (See Section 220.3) 3. The contractor and every subcontractor shall post in a prominent and accessible place at the work site a statement of the current wage rates and supplements specified by the contract for the various classes of mechanics,workmen or laborers. (See Section 220.3-a) 4. Apprentices must be registered,individually,under a bona fide program registered with the New York State Department of Labor. The allowable ratio of apprentices to journeymen in any craft classifica- tion shall not be greater than the ratio permitted to the contractor as to his work force on any job under the registered program. Any employee who is not registered as above, shall be paid the pre- vailing wage rate for the classification of work he actually performed. The contractor or subcontrac- tor will be required to furnish written evidence of the registration of his program and apprentices as well as of the appropriate ratios and wage rates for the area of construction, prior to using any apprentices on the contract work. (See Section 220.3-e) 5. (a) No contractor, subcontractor, nor any person acting on his behalf,shall by reason of race,creed, color, sex or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates.(See Section 220-e (a) ) (b) No contractor, subcontractor, nor any person acting on his behalf shall,in any manner,discrimi- nate against or intimidate any employee on account of race,creed,color,sex or national origin. (See Section 220-e (b) ) NOTE: The Human Rights Law also prohibits discrimination in employment because of age,disability or marital status. (c) There may be deducted from the amount payable to the contractor under the contract a penalty of five dollars for each calendar day during which such person was discriminated against or intim- idated in violation of the provisions of the contract. (See Section 220-e(c) ) (d) The contract may be cancelled or terminated by the State or municipality,and all moneys due or to become due thereunder may be forfeited, for a second or any subsequent violation of the terms or condition of the anti-discrimination sections of the contract. (See Section 220-e (d) ) (e) These provisions shall be limited to operations performed within the State of New York. (See Section 220-e(e) ) PW-3(5.80) 113-8 STATE OF NEW YORK DEPARTMENT OF LABOR BUREAU OF PUBLIC WORK STATE OFFICE BUILDING CAMPUS ALBANY, N. Y. 12240 Schedule Type-HVY / HWY 33 Date 07/08/81 Refer to: PREVAILING RATE CASE NO. T/O Southold PRC 8102905 NAS/SUF 01 to: William H. Spitz Location and Type of Project Holzmacher, McLendon $ Murrell Resurfacing of Sound Ave. 125 Baylis Road SOHT 81-01, T/O Southold Milville, NY Laurel , NY 11747 Suffolk County In response to your request, enclosed are schedules of the prevailing hourly wage rates and the prevailing hourly supplements for the above project, together with copies of the Notice of Contract Let CPW-16) for your use. The schedules must be annexed to and form a part of the specifications for this project when it is advertised for bids. These schedules have been prepared and forwarded in accordance with Section 220 of the Labor Law, which provides that it shall be the duty of the fiscal officer to ascertain and determine the schedules of supplements to be provided and wages to be paid to workers, laborers and mechanics employed on public work projects, and to file such schedules with the department having jurisdiction. These wage rates and supplemental benefits are subject to change, and you will be periodically notified of such changes. The wage rates and supplemental benefits to be paid and provided must be those prevailing at the time -the work is being performed. Supplemental Benefits Legend used In the "other supplements" column of the Prevailing Rate Schedule: A. Health $ Welfare ( includes hospital C. Supp. Unemployment Benefits I. Annuity Fund surgical or medical insurance or D. Scholarship Fund J. Benefit Fund benefits, life insurance or death E. Paid Holidays K. Security Savings benefits, accidental death or dis- F. Education Fund memberment insurance). G. Vacation L. Holiday Pay B.-Pension H. Apprentice Trai ni ng M. Other ti Very truly yours, Nicholas Valentine, Jr. DIRECTOR WHEN ANY PROJECT IS COMPLETED OR CANCELLED, NOTIFY THE NEAREST DISTRICT OFFICE OF THE BUREAU OF PUBLIC WORK. (see addresses below) State Office Bldg. Campus, Albany N. Y. 12240 65 Court St. , Buffalo N. Y. 14202 155 Main Street West, Rochester N. Y. 14614 44 Hawley St— Binghamton N. Y. 13901 175 Fulton Ave. , Hempstead N. Y. 11550 333 East Washington St— Syracuse N. Y. 13202 207 Genesee St. , Utica N. Y. 13501 30 Glenn St. White Plains N. Y. 10603 PW-200 (6-79) IB-9 PREVAILING RATE SCHEDULE State of New York Case Number Bureau of Department of Labor 8102905 Public Work NASSAU AND SUFFOLK COUNTIES Prev- SUPPLEMENTAL BENEFIT PAYMENTS ' ailing OCCUPATIONS wage health basic and pen- suppl . other supplements hourly welfare sion unemp. rate (A) (B) (C) (D) through (M) CORE DRILLER Core Dri l ler 10. 605 1. 00 . 74 G-. 19 Helper 9. 24S 1. 00 . 74 G- 19 ELECTRICIAN Electrician 15. 10 7%+. 3S 5 1/2'/. . 25 G&L- 8 1/2%. H-5/8'/., I-9'/•, J-3'/. Appr. 1st term 6. 04 7%+. 3S S 1/2% . 2S GaL- 8 1/2%, H-5/8%, I-9'/., J-3'/. IRONWORKER Ironworker-Structural 12. 9S 1. a6 2. 30 G-1. 85, H-. li, I-2. 15 Appr. 1st term 7. 28 1. 86 2. 30 G-1. 85, H-. 11, I-2. 15 Ref nforci ng-(Lather) 13. S4 1. 325 985 D-. 02, G-. 75, H-. O1, I-1. 10 Appr. 1st Term 3. 8S 1. 32S 985 D-. 02, H-. 01 Ironworker-Ornamental 12. 62 1. 21 1. 55 G-1. 00, H-. 10, I-2. 00 -Chain Link 12. 62 1. 21 1. SS G-1. 00, H-. 10, I-2. 00 Fence "Appr. 1st term 7. S7 1. 21 1. 5S G-1. 00, H-. 10, I-2. 00 MASON Bricklayer 12. 49 1. 33 1 93 H-. 03, I-2. OS •' Appr. 1st term 6. 25 1. 33 1. 93 H-. 03, I-. 50 PAPINTER ai nter-Brush 10. 92 1. 04 1,04 G- 33, 1- 71 Scaffold/Spray 13. 26 1. 26 1. 26 G- 405, 1- 71 •• Appr. 1st term 6. 55 . 62 . 62 G-. 20, I-. 25 Nassau Co. (N of L. I. E. to Pt. Wash BI vd. , S. of Sunrise Hwy. E. to Long Beach Rd. ) ------------------------------ Pai nter-Brush 10. 82 1. 29 2. 30 G-. 70, H-. 05 •• Appr. 1st term 5. 41 1. 29 1. 15 G-. 3S, H-. OS •• Scaffold/Spray 12. 37 1. 29 2. 30 G-. 70, H-. OS Nassau Co. Remainder of County ------------------------------ Pai nter-Steel 14. 28 1. 86 2. 00 H- 07 r Power Tool , Spray 15. 28 1. 99 2. 14 H-. 08 •' Sandblaster(steel ) 15. 28 1. 99 2. 14 H- 08 Appr. 1st term 7. 00 . 91 . 98 H- 035 Nassau Co. -Entire County .............................. Painter Brush 12. 39 3. 22 1. 00 G-. 50, H-. 21 Steel /Bridge 15. 30 3. 22 1. 00 G-. 50, H-. 21 Spray 13. 88 3. 22 1. 00 G-. 50, H-. 21 Appr. 1st term 6. 42 1. 97 1. 00 G- 25, 14- 21 Suffolk Co. PLUMBER Plumber 13. 65 1. 00 2. 05 G-1. 30, 1-1- 37, 1- 57 •• Appr. 1st term 5. 46 . 60 1. 31 G-. 70, H-. 24, 1 . 29 Suffolk Co. ------------------------------ Plumber ----------------------------- Plumber 12. 7S 1. 10 1. 54 G-1. 10, H-. 25 •' Appr. 1st term S. 10 . 44 - 616 G-. 44, H-. 10 Nassau Co. TEAMSTER Truck Driver Excavation 10. 125 1. 6125 2. 8525 1- 40 '• Euclid 10. 525 1. 6125 2. 8S25 1- 40 •' Other 9. 32S 1. 6125 2. 50 WELDER Welder To be paid the rate of the mechanic performing the work OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY and BUILDING SCHEDULES Pri ht 33 IB-10 PREVAILING RATE SCHEDULE State of New York Case Number Bureau of Department of Labor 8102905 Public Work NASSAU AND SUFFOLK COUNTIES Prev- SUPPLEMENTAL BENEFIT PAYMENTS ai I i ng OCCUPATIONS wage health basic and pen- suppl . other supplements hourly welfare sion unemp. rate (A) (B) CC) (D) through (M) CARPENTER Carpenter CH/H) 13. 35 1. 85 1. 03 G-. 95. H-. O5, I-. 7S Helper 11. 15 1. 85 1. 03 Appr. 1st term 7. 34 1. 85 1. 03 G-. 95, H-. O5. I-. 75 Nassau Co. (South of So. State Pkwy. & West of Seaford Creek) ------------------------------ Carpenter (H/H) 13. 40 1. 50 1. 49 G-. 95. H-. 06 Appr. 1st term 6. 70 1. 50 1. 49 G-. 95. H-. 06 Nassau Co. Remainder of County ------------------------------ Corpenter(H/H) 13. 4S 1. 33 1. 71 G-. 90, H-. 06 Appr. 1st term 6. 70 1. 33 1. 71 G-. 90. H-. 06 Suffolk Co. ------------------------------ Pi ledriver/Dockbui Ider 13. 25 1. 85 1. 03 G-1. O1, H-. OS, I-. 75 Appr. 1st term 7. 34 1. 85 1. 03 G-1. 01, H-. 05, I-. 7S ------------------------------ Ti mberman 12. 31 1. 85 1- 03 G-. 95, H-. OS, I-. 75 Helper 10. 80 1. 85 1: 03 G-. 95. H-. O5, I-. 75 ELECTRICIAN-HIGHWAY MAINTENANCE Applicable on traffic signals and street lighting only. Mai nt. Electrician 12. 30 8% 4 1/2% G & L-6 1/2%, 1-7'/. H-5/8%, J-3% Appr. 1st term 4. S7 8% 4 1/2% G & L-6 1/2%, 1-7% H-S/8'/., J-3'/. LABORER(HVY/HWY) Laborer (H/H) Bas I c, Concrete, Jackhammer 8. 90 10 Y. 13 % G-. 75 Pipelayer, Land- Scape, Trackman 8. 90 10 % 13 V. G-. 75 Power Tool 8. 90 10 % 13 Y G-. 75 r Asphalt Raker, Form Setter 9. 50 10 Y. 13 Y. G-. 7S Asphalt Shoveler and Tamper 9. 30 10 % 13 V. G- 75 MASON Cement Finisher 12. 60 2. 19 2. 02 H-. 01 Appr. 1st term 6. 30 2. 19 2. 02 H-. 01 SIGN ERECTOR Sign Erector 11. 70 82 1. 11 H-. 02. I-. 43 M-Emp S. S. STRIPER Striping Mach. Oper 9. 90 . 59 . 70 G-7% Li nerman 10. 40 62 72 G-7%.. TREE TRIMMING Tree Trimmer 8. 43 . 34 . 2S 1st 6mo 5. 51 . 34 . 25 Groundman, Dri ver 1st 6mo 6. 07 . 34 . 25 Driver 2nd 6mo 6. 36 . 34 . 25 Driver after 1 yr. 6. 9S . 34 . 2S TREE REMOVAL & LANDSCAPING Landscape Laborer 8. 90 10% 13'/. G-. 75 Mulching Machine Oper. 11. 995 9% of 2. 25 G-1. 00, H-. 15. M-. 10 rate+vac. Stump Chipper Mach, 10. 97 9% of 2. 25 G-1. 00, H-. 1S, M-. 10 rate+vac. Truck Driver 9. 32S 1. 6125 2. S0 WELL DRILLER We I I Dri 1 I er 10. 55 8% 2. 25 G- 40 .- Helper 8. 55 8% 2. 25 G- 40 OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY SCHEDULES Print 33 IB-11 PREVAILING RATE SCHEDULE State of New York Case Number Bureau of Department of Labor 8102905 Public Work NASSAU AND SUFFOLK COUNTIES Prev- SUPPLEMENTAL BENEFIT PAYMENTS ai I i ng OCCUPATIONS wage health basic and pen- suppl . other supplements hourly welfare Sion unemp. rate (A) (B) (C) (D) through (M) SURVEY CREW (HIGHWAY & HEAVY) Party Chief 12. 16 . 90 . 70 F-. 05. G-. 70. I-1. 50 Instrument Man 10. 21 . 90 . 70 F-. O5. G-. 70. I-1. 50 Rodman/Chai nman 8. 91 . 90 . 70 F-. 05. G-. 70. I-1. 50 Survey Rates apply to those workmen employed on HIGHWAY and HEAVY contracts let on or after July 2. 1979 POWER EQUIPMENT OPERATOR (H/1-1) Asphalt Spreader 13. 18 9% of 2. 25 . 20 H-. 15. G-1. 00. M-. 10 Backhoe 13. 55 hourly Boring Machine 13. 12 rate + Bulldozer 12. 37 vac. Compressor-Single 11. 995 Compressor-2 or more in battery 12. 60 Concrete Pump 12. 64 Concrete Spreader 13. 18 Concrete Breaker 11. 28 Conveyor 12. 37 Crane 13. 18 Location, Effective Date and Dragline 13. 55 Supplemental Benefit Payments Finishing Machine 12. 37 are the same for all Power Equipment Fireman 12. 37 Operators. Generator 12. 29 Grade-All Oper. 13. 5S Grader 12. S85 Front End Loader 12. 905 Mai nt. Eng. 12. 37 Mul chi ng Machine 11. 995 Oi I er 10. 97 Piledriver 13. 55 Post Driver (Guard Rail ) 13. 12 Power Broom 11. 425 Pump (Under 4") 11. 995 Pump (Over 4") 12. 38 Ridge Cutter 11. 28 Roller - 5T & Under 12. 37 Roller - Over 5 Ton 12. 72 Scraper 12. 37 Shovel 13. 55 Stump Chipper 10. 97 Tractor-Caterpilier or Wheel 10. 755 Track Tamper 10. 97 Trenching Machi n� 13. 395 OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY SCHEDULES w. Print 33 IB-12 HOLZMACHER. MCLENDON 6 MURRELL. P.C. / HZM CORP. CDNSULTINO CNO1NVAs ANO CMVIW WMEWAL OCIUMS" PROPOSAL - BIDDER'S DECLARATION TO THE TOWN BOARD of the TOWN OF SOUTHOLD, SUFFOLK COUNTY, STATE OF NEW YORK: BIDDER'S DECLARATION: The undersigned, as Bidder, declares that the only person or persons interested in this Bid or Proposal as principal or principals is or are named herein and that no other person than herein named has any interest in this Proposal or in the Contract proposed to be taken; ,that this Bid or Proposal is made without any connection with any other person or persons making a Bid or Proposal for the same purpose; the Bid or Proposal is in all respects without fraud or collusion, that he has examined the site of the work, the Form of Contract and Specifications, and the Drawings therein referred to, and has read the Notice to Bidders, Information for Bidders and General Conditions hereto attached and fully understands all the same; that he proposes and agrees, if this Proposal is accepted, that he will contract with the TOWN BOARD of the TOWN OF SOUTHOLD.. in the Form of Contract accompanying this Sid, to perform all the work required in accordance with the Plans and as mentioned in said Form of Contract, Specifications, Notice to 'Bidders, Information for Bidders and General Conditions, and he will accept in full payment , therefore, the following a to wit: 7/79 P-A RT HOLZMACHER, McLENDON&MURRELL,P.C. C06$&AtWO EMOMMlft EMVMIO"NTY WMMTMM�d ftAW$ M PROPOSAL (CONT'D. ) RESURFACING OF SOUND AVENUE TOWN OF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK PROJECT NO. SOHT 81-01 BID DATE: SEM1'II R 30, 1982 ITEM 5A Remove temporary paving (by others) and replace with lh" binder course asphalt on 6" base course asphalt Approximately 210 square yards Price per SY . . . . . . . . . . . Dollars TOTAL FIVE.-fgousaMo.Fouf-a4jfrbea 4tVD5r �rq goLLAf2S NO C.6 rr; ($ 5.46().o0 ) Dollars ITEM 5A (ALT) ** r Remove temporary paving (by others) and replace with lh" binder course asphalt on 6" base course asphalt Approximately '110 square yards Price per SY . . . . . . . . . . . (s z(g. 00 ) Dollars' � �_� TOTAL�W O'`1 OUSati1� '(,�rU N,� p Si u'r DUTAe � �. '� 3($k,IS b 0�' ) Dollars ITEM 5B Remove existing deteriorated pavement & replace with 1h binder course asphalt on .6" base acourse asphalt Approximately 110 square yards Price per SY . . . . . . . . . . . . . . . ($ 0 d ) Dollars ,� q �r TOTAL�WO�L4 45WP O6,+T 4UH�D sjV--rLj.Lvc( ,A .NIQCOOED ) 6 Dollars + 2 * Optional, item that may not be awarded by the Town. P-B 1 of 7 HOLZMACHER, McLENDON 3 MURRELL,P.C. C011lIILTIpO EN01NlMl.lTpNgNYENTAL lCIl11TMTl.nE rLAMMlIIE PROPOSAL (CONTED. ) RESURFACING OF SOUND AVENUE TQWN. QF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK PROJECT NO. SOHT 81-01 BID DATE: SEPTEMBM 30, 1982 ITEM 5B (ALT) ** Remove existing deteriorated, pavement & replace with 1. binder course asphalt on 6" base course asphalt Approximately 490 square yards Price per SX , , . , , ($ Dollars ''CWE'f�F0U5AN SN.1 lt�Np D FO aDt.�Arfzs Alo Gc'NT $ TOTAL . . . . . . . . . . . , Dollars ITEM 10 Maintenance and Protection of Traffic r 00 LUMP SUM tT�}oust�u �()(;. �N e t R���:3.f�VEAJ DOLt.�1'T$ u �0 3 1 Dollm CE'u?S (Lump sum bid, shall be greaterthan or equal to $1000'.) ITEM 10 (ALT) ** Maintenance and Protection of Traffic LUMP SLIM t%VglAkvt6a40(=tVE N.4uNVPOp�V,�•NT,L�:511L..VNLAreli �0($ 5.5'7(o 00 ) Dollars . 6 (Lump sum bid shall be greater than or equal to $500. ) 2 Optional item that may not be awarded by the Town. P-B 2 of 7 HOLZMACHER,MCLENDON&MURRELL.P.C. GofWATWO INW"M 6"WomwaseTµ$="TOTS•N p1AN11EM PROPOSAL (CONT'D. ) ' RESURFACING OF SOUND AVENUE TOWN OF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK PROJECT NO. SOHT 81-01 BID DATE: SEPTEMM 30, 1982 ITEM 11 Tack Coat Approximately 1300 gallons Price per GAL . . . . . . . . . . Dollars TOTAL 1.5' ND �C{{:Qk,� I11K1D 1�u+�gf.R pMA_ARs_NO �JGI.{5($ 3 3$Oo0 ) Dollars ITEM 1.1 (ALT) ** Tack Coat Approximately 700 gallons 0 Price per GAL . . . . . . . . . . . . . . . ($ 2 ) Dollars r TOTAL 0 N�i'. Jq Nb,�IC�N't I U N D R;u�`�uJ�`. 1,� QOU.A Dollars ITEM 12 Four-inch (4") wide Thermoplastic Reflectorized Pavement Markings Approximately 8500 linear feet Price per LF . . . . . . . . . . . . ($ . 10 ) Dollars TOTALlr.".W'f1�0U54ND�IJIN�I.1Vf`(DQ U�F1 Pp.(,(4AC&. NO.Cf"YTS . (SS q C) ) Dollars 6 2 ** Optional item that may not be awarded by the Town. P-B 3 of 7 HOLZMACHER, McLENDON&MURRELL,P.C. CON/ULi1NO EN0INEEM.�NV1110NMENTµtGENINTfL rN gANNEM PROPOSAL (CONT'D. ) ' RESURRACING. OF SOUND AVENUE TOWN OF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK PROJECT NO. SOHT 81-01 BID DATE: SEPTEMBER 30, 1982 ITEM 12 (ALT) ** Four-inch (4") wide Thermoplastic Reflectorized. Pavement Markings Approximately 4500 linear feet Price per LF . . . . . . . . . . . . ($ 10 ) Dollars TOTAL�.�}�,Tjpg'5�ND, ON6 !}c NOW FI ffLj g0L_4eS5 NO �NTS($3� � �0 0 ) • Dollars ITEM 14A* Additional Excavation Approximately 5 cubic yards Price per CY . . . . . . . . . . . . . . . ($ 10 - 00 ) Dollars TOTAL r-tPQ��e:S. NO . '�lVTS . . . . ($ o. 00 ol ) Dlars (Unit Price shall be greater than or equal to $2. 00, but shall not exceed $10.00) ITEM 14B* Additional Backfill Approximately 15 cubic yards Price per CY . . . . . . . . . . . . (s 10-00 ol ) Dlars TOTAL Dollars (Unit Price shall be greater than or equal to $2.00, .6 but shall not exceed $10. 00) 2 * **Contingency Item Optional item that may not be awarded by the Town. P-B 4 of 7 HOLZMACHER, McLENDON 6 MURRELL,P.0 coauuna[MaetM.[.vxowtNrµ•aEnnps.M rutins PROPOSAL (CONT' D. ) RESURFACING OF SOUND AVENUE TOWN OF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK PROJECT NO. SORT 81-01 BID DATE: SEPT04M 30," 1982 ITEM 14C* Rock Excavation Approximately 5 cubic yards Price per CY . . . . . . . . . . . . ($ 50 .00 ) Dollars .�N©f4Q F)� 1?0U.� 4NUD .NO P6 1j ($ TOTAL 1 I�JO . . , . . . . . Dollars (Unit Price shall be greater than or-equal of, $3.00 , but shall not exceed $50. 00) ITEM 51 TL Furnish & Place Truing & Leveling Asphalt Concrete as per SCDPW Specifications Approximately 1100 tons 1111�00 ) Price per TON . . . . . . . . . . . . . . ($ 3 T Dollars �N 12Ty. SE VF�N T!-kOus��►t� , Four. "V N D -D TOTAL .Q�4k .N.O . �N'� . . . . . . . . . . . . ($37�400�"". ) Dollars ITEM 51 TL (ALT) ** Furnish & Place Truing & Leveling Asphalt Concrete as per SCDPW Specifications Approximately 800 tons 00 Price per TON . . . . . . . . . . . Dollars <W6t4l .A-66V E,N TNkO USA LA P,TWO 4u N lS eAs7b OL,( Ae9 , ($417) ?.DO 00 ) . TOTAL . . . . . . . 90.ld� ollars 6 2 Contingency Item ** Optional item that may not be awarded by the Town. P-B 5 of 7 u HOLZMACHER, MCLENDON&MURRELL,P.0 ■ ,�J_- cowwrwaEwawcEM.twwwowrewrlseawrassrwn�wwEws PROPOSAL (CONT-D. ) �,&SUVACING OF SOUND AVENUE TOWN OF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK PROJECT NO. SOHT 81-01 BID DATE: SEPTEMBER 30, 1982 ITEM 51 FZ Furnish & Place Wearing Course Asphalt Concrete for Resurfacing as per SCDPW Specifications Approximately 700 tons 0� Price Per TON . . . . . . . . . . . . . ($ o ) Dollars . NieT4 --rvJ0 '«OuS4A.►D,'fv3O4UMDe-6D DOUAC5 K009NT500 so ) TOTAL . . . . . . . . . . . . . . . ., , . . Dollars ITEM 51 FZ (ALT) ** Furnish & Place Wearing Course Asphalt Concrete for Resurfacing as per SCDPW Specifications 1 Approximately 400 tons Price per TON . . . . . . . . . . . . . . . . . ($ 4600 ) Dollars TOTAL �(o 4166'N "f q N D ,V'OUe AU N D e6 D DOCLOR_S o . brr!5($ Dollars 6 2 P-B 6 of 7 HOLZMACHER, McLENDON&MURRELL.P.C. CONWLTWO ENOIWgft.gw#0(WM1NTK EGENTOT/rN MAMMEM PROPOSAL (CONT' D. ) ' RESURFACING OF SOUND AVENUE TOWN OF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK . PROJECT NO. SOHT 81-01 BID DATE: SEPTEMBER 30, 1982 TOTAL BASE BID (SUM OF ALL ITEMS EXCEPT 5A (ALT) , 5B (ALT) , 10 (ALT) , 11 (ALT) , 12 (ALT) , 51 TL (ALT) and 51 FZ (ALT) TOTALS►.►�1 -5 tic.�N OI�SA1�6��'j.�P ,C�,.1kU�1 D P, (� 1Q.i y-S�V�N .L x�c.A2s ,4N1� NO ANTS ($qG 337 00 ) Dollars TOTAL ALTERNATE BID (SUM OF ALL ITEMS) TOTAL PNS 4U N P 4 0 S""ru 6l 5"4- T'I OUSA-u . . . . . . . . Dollars Bids shall be based on normal seasonal working conditions without frost in the ground. It is anticipated that the Notice to Proceed will be given in October. COMPLETION DATE SHALL BE 45 CALENDAR DAYS AFTER THE NOTICE OF AWARD. LIQUIDATED DAMAGES SHALL BE $250.00 PER DAY. THE COMPLETION DATE SHALL BE CONSIDERED AS THE DATE WHEN THE PAVEMENT STRIPING OPERATIONS HAVE BEEN COMPLETED. FIRM NAME: IVA509 AbP4ALT WC, - FIRM C, .FIRM ADDRESS: PO. bmA ( Al SIGNED BY: ���y��---�� f�) ,. WCU69 , TITLE V,CE R��xDE 'T' DATE: q�3O�Pj2 DAY PHONE NO. h q 3" �D�✓I O 6 EVE. PHONE NO. or] 2 P-B 7 of 7 HOLZMACHER. MCLENDON 6 MURRELL. P.C. ! HZM CORP. CONSULTING EIIGIN[lAS AND [NVIRONMUffAL 900"IM PROPOSAL - (CONT'D. ) Enclose certified check or bid bond for five percent (5x) of the total bid, as stipulated in the foregoing Information for Bidders. The Bidder hereby agrees to enter into a contract within ten (10) days after due notice from the Town of Southold that the contract has been awarded to him and is ready for signature, such notice to be given in writing within forty-five (45) days of the date of opening of the bids . . And, the Bidder hereby further agrees that in the event of his failure or refusal to enter into a contract in accordance with this aid within ten. (10) days after due notice from the said Town Board as given in accordance with the Information for Bidders, and/or his failure to execute and deliver the bond for the full amount of the contract price as provided in said Information for Bidder.s, that t:he bidder's check which is herewith deposited with the Town shall, at the option of said Town, . become due and payable as ascertained and liquidated damages for such default, otherwise the said check shall be returned to the undersigned. The full name and residences of all persons and parties interested in the foregoing bid as principals are as follows: • NAME ADDRESS M LAL01KC►..�ct✓ N s _ � C�c.�ti► ��p uy µ" C. ENI 1izf Sow - _—_VALLC- S?'eAgAM I j(' k'��i� 1 �IL11� I..,lt�le01 AtC4�1'f �'., Nr>r. NAME OF BIDDER: e112;iJoN i�b PH&L:r- I Qc BUSINESS ADDRESS OF BIDDER: i.0 Boy- 25e f;zM I DAI 1 -5!5 Iq�7� DATED AT: A�RIM I N�DDrI•�I-�-- THE- 30 DAY OF t ,-.-I--- P-C HOLZMACHER. McLENOON &MURRELL. P.C. / H2M CORP. CONlULnNO ENGINEERS AND ENVIRONMENTAL OCIEHTIST! PROP40SAL - (CONT-D. ) BION-COLLUSIVE BIDDING CERTIFICATE By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: • 1 . 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 and 2. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor; and 3. No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition. Dated: q 8� By: W.l�. Amt�t•� �„ — V 1G£ Pf�Ev t EtiT7 This bidder cannot make the foregoing certification and a statement sighed by the bidder is attached setting forth in detail the reasons therefor: • • P-D HOIZMACHER. McLENDON 6 MURRELL. P.C. / H2M CORP. CONSULTING ENGINEERS ANO ENVIRONMENTAL SCIENTISTS GENERAL CONDITIONS 1. GENERAL CONDITIONS • A. The "General Conditions" are hereby made a part of this Specification and are attached herein. B. Where any article of the "General Conditions" is supplemented hereby, the provisions of such article shall remain in effect. All the supplemental provisions shall be considered as added thereto. Where any such article is amended, voided or superseded thereby, the provi- sions of such article not so specifically amended, voided or super- seded shall remain in effect. Work, materials, plant, labor and other requirements of the Gen- eral Conditions shall be furnished by the Contractor. No direct .pay- ment shall be made for these General Conditions, and payment shall be deemed to be included in the contract price ' or various items of the entire contract. 2. CONTRACT DOCUMENTS The Contract Documents include, but are not limited to, the ' General Conditions, General Specifications, Detailed Specifications, Plans, Proposal Form, Contract and other sections as either cited on the index pages or actually included in the bound documents. Each section of the Contract Documents is intended to be comple- mentary to the other sections. It is intended that they include all items of labor and materials, and everything required and necessary to complete the work, even though some items of work or materials may not be particularly men- tioned in every section or may have been inadvertently omitted from the Drawings or - Specifications, or both. 3. APPROVAL OF SUBCONTRACTORS AND MATERIALS 6 1 Prior to commencing any work under this Contract, the Contractor shall submit to the Engineer, for approval, a list of all the sub- contractors and material suppliers he proposes to use for this Con- tract. No subcontractor or material supplier will be permitted to de- liver materials or perform any work on this Contract until he has been approved by the Engineer in writing. RT GC-1 HOIZMACHER. McIENDON d MURR" P.C. / H2M CORP. CONSULTING INGINURS AND UMRONMENTAI SCIENT M GENERAL CONDITIONS (CONT'D.) 4. INTERPRETATION OF DRAWINGS, ETC. A. In the event of discrepancies between the Drawings and the Specifications, the following order shall be given preference when making interpretations: 1. Addenda (later dates to take precedence over earlier dates) 2. Drawings (schedules or notes to take precedence over other data shown on Drawings) 3. Detailed Specifications 4. General Specifications 5. General Conditions B. On all plans, drawings, etc. , the figure dimensions shall govern in the case of discrepancy between the scales and figures. C. The Contractor shall take no advantage of any error or omission in the Plans, or of any discrepancy between the Plans and Specifications, and the Engineer shall make such corrections and interpretations as may be deemed necessary for the fulfillment of the intent of the Specifications and of the Plans as construed by him, and his decision shall be final. D. All work that may be called for in the Specifications and not shown on the Plans, or shown on the Plans and not called for in the Specifications, shall be furnished and executed by the Contractor as if designated by both. Should any work or material be required 6 which is not denoted in the Plans and Specifications, either directly 1 or indirectly, but which is, nevertheless, necessary for the proper carrying out of the intent thereof, it is understood and agreed that the same is implied and required, and that the Contractor shall per- form such work and furnish such materials as if they were completely delineated and described. 5. ADDITIONAL WORK Additional work, if required to be performed under this Contract, will be in accordance with the applicable paragraphs of the Contract. The Engineer shall be the sole judge as to whether such work was in- tended as part of the Contract or is in addition thereto. RT GC-2 HOLZMACHER, McLENDON &MURRELL. P.C. / H2M CORP. CONSULTING ENGINUM AND FXVIRONMDITAL SCIENTISTS GENERAL CONDITIONS (CONT'D. ) 6. OCCUPATIONAL SAFETY AND HEALTH ACT The Contractor shall meet all standards of the Occupational Safety and Health Act of 1970 and subsequent revision. This shall include, but not be limited to, the following areas: Sanitation, noise, radiation, gases, vapors, fumes, mists, dust, illumination, ventilation, protective equipment, fire protection, waste disposal, electrical hazards, scaffolds and ladders, floor holes . and wall openings, and heavy equipment. All specific require- ments of the Act shall be adhered to. 7. SAFETY PROVISIONS The Contractor shall take every precaution and shall provide such equipment and facilities as are necessary or required for the safety of his employees. In case of an accident, first aid shall be administered to any who may be injured in the progress of the work. In addition, the Contractor shall also be prepared for the removal, to the hospital for treatment, of any employee either seriously in- jured or ill. 8. SANITARY REGULATIONS A. In addition to compliance with the Occupational Safety and Health Act, the Contractor shall erect and maintain necessary sani- tary conveniences for the use of employees on the work. Such con- veniences shall be properly secluded from observation, and their use shall be strictly enforced. Such sanitary conveniences shall be constructed in compliance with all laws, ordinances or regulations governing these facilities. The contents of the same shall be re- moved, with sufficient frequency to prevent nuisance, and disposed of to the satisfaction of the Engineer. B. The Contractor shall obey and enforce such other sanitary 6 regulations and orders and shall take such precautions against in- t fectious diseases as may be deemed necessary. In case any infectious diseases occur among his employees, he shall arrange for the immediate removal of the patient from the work and his isolation from all per- sons connected with the work. C. The building of shanties or other structures for housing the men, tools, machinery or supplies will be permitted only at approved • places, and the sanitary condition of the grounds in and at such shanties or other structures must , at all times, be maintained in a satisfactory manner. RT GC-3 HOLZMACHER, McLENDON 6 MURRELL, P.C. / H2M CORP. CONSULTING MINUAS AND UfflROWMAL SCIUMSTS GENERAL CONDITIONS (CONT'D.) 9. RESPONSIBILITY OF ENGINEER AND CONTRACTOR DURING CONSTRUCTION A. The Engineer is responsible solely for the general and/or detailed inspection of the work being performed. Such inspection will be periodic and strictly to assure conformance of the Contractor with the Plans and Specifications, such that the end product will conform to the Plans and Specifications. B. The Contractor is responsible for complete conformance to the Plans and Specifications, proper construction procedures; co- ordination with subcontractors, other contractors and utilities, and safe working conditions for his employees. 10. LABOR A. All contractors and subcontractors employed upon the work shall and will be required to conform to the Labor Laws of the State of New York and the various acts amendatory and supplementary there- to; and to all other laws, ordinances and legal requirements applicable thereto. B. All labor shall be performed in the best and most workman- like 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. 11. CONTRACTOR' S REPRESENTATIVE The Contractor, in case of his absence from the work, shall have a competent representative or foreman present, who shall follow with- out delay all instructions of the Engineer or his assistants in the prosecution and completion of the work, in conformity with this Con- tract, and shall have full authority to supply labor and material immediately. The Contractor shall also have a competent representa- tive available to receive telephone messages and provide a . reasonable 6 reply as soon as possible, but not later than twenty-four (24) hours. 1 RT GC-4 HOLZMACHER, McLENDON 6 MURRELL. P.C. / H2M CORP. cONswnma Emam s AND ENVIRONMENTAL SCIENTIM GENERAL CONDITIONS (CONT'D,) 12. INCOMPETENT EMPLOYEES The Contractor shall employ only competent, skilled and faithful men to do the work. Upon request of the Engineer in writing, the Con- tractor shall suspend or discharge from the work any disobedient, dis- orderly or incompetent person or persons employed thereon, and will not again employ any person so suspended or discharged without the consent of the Engineer. This requirement shall not be made on the basis of any claim for compensation or damages against the Town or any of its officers or agents. 13. CLAIMS OR PROTESTS If the Contractor considers any work required of him to be out- side the requirements of the Contract, or considers any record or ruling of the Engineers or Inspectors as unfair, he shall ask for written instructions or decisions immediately, and then file a writ- ten protest with the Town against the same within five (5) days thereafter, or be considered as having accepted the record or ruling. r 14. NOTIFICATION, INTERFERENCE AND INJURY TO UTILITIES A. The Contractor shall cooperate in every way with the Utility Companies. B. The Utility Companies shall be notified in accordance with Section 1918 of the Penal Law of the State of New York, entitled "Construction or Blasting near Pipes Conveying Combustible Gas," and with Article 20, Section 322-a of the New York State General Business Law. 6 C. All conduits, water mains and gas mains encountered in the 1 construction shall be properly and safely taken care ofby the Con- tractor, who shall, upon encountering same, notify the public corpora- tion to whom they belong, in order that they may be changed in such a manner as not to interfere with the final construction. D. In case any damage shall result to any service pipe for water or gas, or any private or public sewer or conduit . by reason of negli- gence on the part of the Contractor, he shall, without delay . and at his own expense, repair the same to the satisfaction of the Engineer, and in case such repairs are not made promptly or satisfactorily, the Town may have the repairs made by another Contractor or otherwise, and deduct the cost of same from any monies due or to become due the Con- tractor. RT GC-5 WX2MACHER. MCLENDW &MURRELL. P.C. J HZM CORP. COMULMNO D OGINUM AND D MOONMUffAL 90 MT M GENERAL CONDITIONS (CONT'D.) 1 15. INFRINGEMENT OF PATENTS ' The Contractor further agrees to hold himself responsible for any claims made against the District for any infringement of patents by the use of patented articles in any one phase of construction of the work and the completion of same, or any process connected with the work agreed to be performed under this Contract, or of any materials used upon the said work and to save harmless and indemnify the Town from all costs, expenses and damages which the Town shall be obliged to pay by reason of any infringement of patents used .in the construc- tion and completion of the work. 16. DAMAGES All damage, direct or indirect, of whatever nature resulting from either the performance of, or resulting to the work under, this Con- tract during its progress from whatever cause, shall be borne and sus- tained by the Contractor, and all work shall be solely at his risk until the date of the final certificate. 17. GUARANTEE WARRANTY This Contractor shall guarantee and warrant his work and that of his subcontractors against defects in workmanship and/or material for a period of one (1) year from the date of final certificate by the Engineer except as otherwise specified. Upon written notification from the Engineer, the Contractor shall repair, replace or reconstruct such defects' to the satisfaction of the Engineer at no cost to the Town. 18. STANDARDIZATION The DETAILED and General Specifications indicate specific manu- facturers and/or catalog numbers, etc. , for the purpose of standardiza- tion within the Town in order to minimize stockpiling of replacement parts. 19. DEFINITIONS 6 The words "or a " 1-. to the use of an equal prior used shall refer Q P approval by the Consulting Engineer for the Town. i The word "Engineer" refers to HOLZMACHER, McLENDON & MURRELL, P.C. , Consulting Engineer for the Town of Southold. SH GC-6 HOLZMACHEA, MCLENDON&MURRELL,P.C. Qq MEUITNgEMOMEEM.EMW110MMENfAfC1EMfMiE�0�MMEAE 1 TECHNICAL SPECIFICATIONS SEVERAL ITEMS ON THE PLANS AND IN THESE SPECIFICATIONS REFER TO THE "SUFFOLK COUNTY PUBLIC WORKS SPECIFICATIONS OF NOVEMBER 1, 1968, " AS AMENDED. THESE SPECIFICATIONS SHALL BE INCORPORATED BY REFERENCE AND SHALL APPLY AS IF DETAILED IN FULL, UNLESS HEREIN MODIFIED. HOLZMACHER, McLENDON 6 MURRELL,P.C. f,ONEUliMO ENOMKEIIIE.EMVM0/MNMTLL EdEMM%.n01LANMEM GENERAL SPECIFICATIONS TOWN OF SOUTHOLD r RESURFACING OF SOUND AVENUE AT THE WESTERN TOWN LIMIT 0.1 - SCOPE The work to be done under this Contract consists of .furnishing all labor, materials, equipment, etc. , for the AM5UWACTPQ, OF SOU t AVENUE AT THE WESTERN TONT 14INIT in the Town of Southold, as set `moth in the Proposal Sheets, in accordance with the Specifications and as indicated on the plans, all to the approval of the Engineer and the Town of Southold. 0.2 - QZNERAL SPECIFICATIONS (a) The "General Specifications" of the contract are hereby made-- a part of this specification and are attached herein. (b) Where any article of the "General Specifications" is supplemented hereby, the provisions of such article shall remain in effect. Where any such article is amended,. voided or superseded thereby, the provisions of such article not .so specifically amended voided or superseded shall remain in effect. 0. 3 GENERAL CONDITIONS ('a) The "General Conditions" of the contract are hereeby .made a part of this specification and are attached herein. (b) Where any article of the "General Conditions" is supple- mented hereby, the provisions of such article shall remain in effect, 6 All the supplemental provisions shall be considered as added thereto. 2 Where any► such article is amended, voided, or superseded thereby, the provisions of such article not so specifically amended, void*$, or superseded shall remain in effect. l GS - 1 of 11 HOtZMACHM. McMDM 6 MMM"P.C.I HM CORP. 0WAXnNG OMMMIs AND O MMMMOOTu @QVMM GENERAL SPECIFICATIONS (CONT'D) 0.4 -' NO DIRECT PAYMENT No direct payment will be made for work done and for materials furnished under these General Specifications or the General Conditions of the contract, but compensation shall be deemed to have been in- cluded in the contract price of the entire work. 0.5 - PLANS AND SPECIFICATIONS This Contractor will be furnished six (6) complete seta of the plans and specifications. Additional sets will be furnished at cost of reproduction. 0.6 - PERMITS AND REGULATIONS This Contractor shall obtain and apply for all permits necessary to conduct the work and complete this contract . All work shall be performed in strict accordance with the regulations and requirements of the various civil agencies having jurisdiction thereof. Upon completion of the work provided for in this contract , and before final payment shall be made, the Contractor shall furnish the Engineer with any necessary certificates of approval issued by these + various agencies. 0. 7 - SIGNS No signs or advertisements shall be permitted by the Town. 0.8 - TEMPORARY LIGHT, WATER, ETC. This Contractor shall furnish temporary light and power complete with all wiring, lamps and similar equipment , as required far the completion of the work. Water shall be supplied by this Contractor. t 6 1 RT GS - 2 of 11 2 HOVZMACHL%Mct DHM i MUM" P.C. / H3M CORP. coNw�nNo o+aNauw � Mort��t�crmas GENERAL SPECIFICATIONS (CONT'D) 0.9 .. COOP$RATION r This Contractor, all other contractors, and all subcontractors, shall coordinate their work with all adjacent work and shall seorAinate with all ether trades so as to facilitate the general progreso of the work. Each trade shall afford all other trades every reasonable op— portunity pportun ty for the installation of their work and for the storage of their material. 0.10 - REPRESENTATIVE ALWAYS PRESENT The-Contractor, in case of his absence from the work, shall have a competent representative or foreman present, who shall follow with- out delay all instructions of the Engineer or his assistants in the prosecution and completion of the work, in with this con- tract, and shall have full authority to supply labor and material immediately. The Contractor shall also have a competent representa- tive available to receive telephone messages and provide a reasonable reply as soon as possible, but not later than twenty-four (24) hours. 0.11 - LABOR (a) All contractors and subcontractors employed upon the work shall and will be- required to conform to the Labor Laws of the State of New York and the various Acts amendatory and supplementary there- to; and to all other laws, ordinances and legal requirements appli- cable thereto. (b) All labor shall be performed in the best and most workman- like 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. 6 1 RT GS - 3 of 11 3 HOLZMACHER,McLENDW i MJRA" F.C. I HZM CORP. CONlNLnHo V#WX R* ANO U MONMMAL 9MCM M GENERAL SPECIFICATIONS (CONT'D) 0.12 - WORKMANSHIP It is the intent of these Specifications to describe definitely and fully the character of materials and workmanship required with regard to all ordinary features, and to require first class work and materials in all particulars. For any unexpected features arising during the progress of the work and not fully covered herein, the specifications shall be inter- preted by the Engineer to require first class work and materials; and such interpretation shall be accepted by the Contractor. 0.13 - 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 d46mand any increase of such effi- ciency or improvement shall not release the Contractor frau his obligation to secure the quality of work or the rate of progress specified. During freezing or inclement weather, no work shall be done ex- cept 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, such as manholes, catch basins, pipe lines, conduits, etc. 6 1 RT GS — 4 of 11 4 M3AIACHER, Md DON i MtMREtl, RC. t HDA CORS. CONSUMN0 LNOINUM AND UMMMMO/TAI 100fT M GENERAL SPECIFICATIONS (CONT'D) 0.14 - INSPECTION The Contractor shall, at all times. provide convenience of ac- ess and safe and proper facilities for the inspection of all parts of the work. No work, except such shop work as may be so permitted, shall be done except in the presence of the Engineer or his assist- ants. The Contractor shall notify the Engineer twenty-four (24) hours in advance as to when he intends to start or resume the work. No materials of any kind shall be used upon the work until it has been inspected and accepted by the Engineer; all materials re- jected shall be immediately removed from the work and not again of- fered for inspection. Any material or workmanship found at any time to be defective shall- be- remedied at once, regardless of previous inspection. The inspection and supervision of the work by the Engineer is intended to aid the Contractor in applying labor and materials to and in ac- cordance with the specifications, but such inspection shall not operate to release the Contractor from any of his contract obliga- tions. 0.15 - PHOTOGRAPHS Prior to the commencement of any work to be performed under this contract, the Contractor shall inspect all structures, pavement, walls, curbs, sidewalks along the route with the Engineer. Whenever cracks, breaks, defects, faults or structural decay is expected or visible, photographs shall be taken, by a professional photographer, to identify and to record each and every defect. Failure on the part of the Contractor' to take such photographs will be construed as mean- ing that no defects existed prior to construction. The Contractor shall submit to the Engineer three (3) sets of 3"x5" prints and the negatives from which the prints were made, which negatives shall be at least 35 millimeter in size. Prints shall be mounted in a photo album with a written description of each photo to include descriptions, street location, address and ownership of property or building, if available. No separate payment will be made for the photographs. 6 1 RT GS - 5 of 11 5 HOLZMACHER, McLEN00N&MURRELL.P.C. / HZM CORP. CMSULflN0 V*WSUM AND UMOONWWAL$COMM GENERAL SPECIFICATIONS (CONT'D) q s 0.16 - LINE AND GRADE (a) The Engineer shall establish the sines and grades for the storm drains and appurtenances, and the necessary benchmarks for pavement construction stakeout. (b) All grades, lines, elevations and benchmarks shall be maintained by this Contractor who shall be responsible for same. (c) The Contractor shall verify all grades, lines, levels and dimensions as shown on the drawings, and he shall report any errors or inconsistencies in the above to the Engineer before commencing work. 0.17 — BOUNDARIES OF WORK AND CONTIGUOUS WORK The Town will obtain from the property owners rights-of-way for all work specified in this contract, and the Contractor shall not enter or occupy with men , tools or materials, any private ground outside the easements and rights-of-way without the consent of the owner and the approval of the Engineer. Other contractors of the Town may, for all purposes required by their contract, enter upon the work and premises used by the Contractor, and the Contractor shall give to other contrac- tors of the Town all reasonable facilities and assistance for the com- pletion of adjoining work. 0.18 - RIGHT-OF-WAY Where the work called for extends upon or through private property , the Town shall produce all necessary rights , deeds and easements for access to the property and the Contractor shall not proceed with this part of the work until the Town has completed negotiations with the property holders and all necessary papers are in the hands of the Town. if, after a reasonable period of negotiations (up to one (1) year from signing of the contract) , rights or easements cannot be obtained, teen the Town reserves the right to eliminate those items of wdr`k from the contract which required the easements prior to constructi0h. No addi- tional compensation shall be made to the Contractor for such elimination. 2 SORT- 6 81-61 GS - 6 of 11 HMZMACHL%McLDMM i M URRELLe P.C.1 H2M CORP. MM SUING OWNUM AND O MQ WDRAL SCO MTs GENERAL SPECIFICATIONS (CONY D) 0.19 -- PROTECTION OF WORK The Contractor shall place a sufficiency of red lights on or near any work accessible to the .public and keep them burning sunset to seen- rise; he shall erect suitable railings or barriers, and shall provide watchmen on the work by day or night, as required and deemed necessary, for the safety of the work, on public or adjoining property. The Town reserves the right to remedy any neglect on the part of the Contractor as regards the protection of the work which may come to its attention, after 24 hours' notice is writing; except that in caaes 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. 0.20 - MAINTAINING FLOW OF SEWERS AND DRAINS The Contractor shall, at his own cost and expense, provide for and maintain the flow of all sewers, drains, house or inlet connec- tions and all water-courses which may be met with during the progress of the work. He shall not al;ow the contents of any sewer, drain or house inlet connection to flow into trenches to be constructed under the contract, except where written permission is given by the Engineer and shall, at his own ezpensg,• immediately remove and cart away from the vicinity of the work all' offensive matter, using such precautions in so doing as may be directed by the Engineer. 0.21 - PROTECTION OF EXISTING SUBSURFACE STRUCTURES Certain existing subsurface structures will likely bo encountered during the construction of the work embraced in this contract, or located in such close proximity to the work to be done under this contract, as to require special precautions and methods for their pro- _ tect.ion, such as sewers, drains, water mains and conduits, together with appurtenances, and are shown on the drawings. The sizes, loca- tions and depths shown, however, are only approximate and tnd Contrac- tor shall satisfy himself as to the accuracy of the information given and shall not claim nor shall he be entitled to receive Compensation 6 for damages sustained by reason of the inaccuracy of the information 1 given or by reason of his failure to properly maintain and support such structures. RT GS - 7 of 11 7 H"AACHEk Md,MM&MtM"PA I H M COM. OON�N�TIIIO OIOINEiM AN{!fJMi1�01NK�GfM1�1! G ► SP=2Y1 AT10NS ('CONT t n should the Contractor, through his own negligence, d&MACO aDT pertlenof the existing underground structures, sewers, drains., cul- vst=1t�t, water lines, etc. , located witMA the limits of the coatract, ant+ weis�e awe to remain, he shall relIor restore such damaged p4wtlo t at his own expense and as dttottod by the ragineere Q � 101FYING. UTILITY COMPANIRS The Utility Companies shall be notified in accardaaee with $06- tion 1919 of the Penal haw of the State of New York and Artiale 20, Section 322-a of the New York State General Business Law, entitled, "Construction or Blasting Near Pipes ,Conveying Combustible Gas," which states:, "the person having direction or control of such works shall given such notice and further, he shall ascertain whether there is within one hundred feet in such street, highway or public place. . .any pipe. . .conveying combustible gas." This Contractor and all other excavators must comply with Indus- trial Code Part 53 whereby this Contractor must obtain the list of each operator of underground facilities and provide advanced notice to each operator of his intent to perform excavation in the area W specified under this contract,, 0.22. - PVBLIC UTILITY COMPANIM All conduits, sewers, storm drains, water mains. uude.r W el0e- tric and telephone conductors or conduits, or gas mains eutiu eyed in the construction shall be properly and safely taken car* of bg tbwe Con- tractor, who shall, upon encountering same, notify the public eerpora- tion to whom they belong, in order that they may be changed in such a manner as not to interfere with the final construction if it is impose- ible to cross over, under or around the other utility. 6 1 RT GS - 8 of 11 8 HOLZMACHER.MdOOON i Mtnt=L.P.C.1 Ha COM. COMULnNa UNMU m w+o wwswMo VAL 800msn, GRMMR#4. SPECIFICATIONS (CONT'D) 0.44 - ,IMJURY TO SERVICE PIPES Is case any damage shall result to any service pipe for water or gas,, or any private or public sewer or conduit, the Coati for a�►i1 . without delay, and at his own expense, repair the same to the satis- faction of the Rugineer and in case such repairs are not made promptly or satisfactorily, the Owner may have the repairs made by another contractor, or otherwise, and deduct the cost of same from any monies due or. to become due the Contractor. 0.95 - DAMAGES All damage, direct or indirect, of whatever nature resulting from either the performance of or resulting to the work under this contract during its progress from whatever cause, shall be borne and sustained by the Contractor, and all work shall be solely at his risk until the date of the final certificate. r 0.26 - TRAFFIC MAINTENANCE The Contractor shall minimize all interference to vehicular, pedestrian and other traffic. , Traffic along the construction site shall be provided with a passable and adequate road. All fire hyd- rants shall be accessible at all times. s. Maintenance of traffic shall include bridging over construction,, construction in sections, providing detours, and other measures speet- fied. Access shall be maintained to all driveways. The Contractor shall furnish and install adequate warning signs, flags, lights, railings, barricades and other devices. Watchmen, flagmen and signal- men shall be provided to maintain traffic . 0.27 - REMOVAL OF TEMPORARY STRUCTURES On or before the completion of the work, the Contractor shall, without charge therefore, tear down and remove all buildings and other structures built by him for facilitating the carrying out of the work and shall remove all rubbish of all kinds from the grounds which he has occupied, and shall leave the site of the work clean and in good condition. 6 1 RT GS - 9 of 11 9 HMIMACMEk MdLUMON A MUMFJL .PA / H2M CORP. COMMINO eNaNtw MIO OMIMMMOAA►SOCNIM i OEM M" OPSCIFICATIONS (CONT D) w �: t1 8 -►: XG AND FINAL INSPECTION All pipe lints and other structures shall be kept clean during ce"% t , aad as the work approachesaompletteaj the Costa polar sbsll or,"ematieally and thoroughly clean and make any needed re*- pai' jj t`lke same. He shall furnish at bis own gxpoose suitably, to-a►ls and labor for cleaning out all dirt, mortar and foreign subs,taac*s from the structures, and also the water for cleaning by fltashA-46. Any leakage of water into any structure exceeding the. limits speei- fled, or any deviation from the proper grade for alignment to the structure or any other defect such as to make the work, is the aptattos e1 the Engineer, fall short of first class work, stall be properly corrected by the Contractor at his own expense. The eleaA- ice and repairs shall be arranged, so far ,as practicable, to be com- pleted upon finishing the construction work. Notice to begin this cleaning and repairing, if such is needed, will be given in due sea- son by the Engineer who, at the same time, will make his final in- spection of the work. The Engineer will not prepare his final certificate of this por- tion of the work until after the final inspection is made. During this final inspection , the Contractor, at his own expense, shall fur- nish suitable provisions as to needed drainage, workmen and appli- ances. 0.29 - TOILET FACILITIES t Necessary toilet facilities for the use of the workmen cos_ the Project., properly secluded from observation, shall be arottod And maintained by the Contractor is such manner, and at *%O-I po,*bas!, an shall be approved, and their use shall be strictly eefaraaed. V contents of same shall be removed, with sufficient frequency to pre- vent nuisance, and disposed of to the satisfaction of the 'Engineer and the Town. The Contractor shall obey and enforce all sadi-tary regulations. The sanitary condition of the grounds in and *round .such toilet facilities must be maintained in a satisfactory manner ' at all times. 6 1 GS - 10 of 11 10 HOLZMACHER, MdENOON i MURRELL.R.C./ HZM CORP. consuunma VOINUAi AND LM"WHMQITAI WORiM GENERAL SPECIFICATIONS (CONV D) .J 0.30 - CHANGE ORDERS During the construction period of this contract, the Engineer may order, in writing, changes in sizes- of (prior, to release frofn'-. the manuf"tmrer) and/or locations of (prior to delivery of materials) and/or additional items. The prices as bid for the respective size installed shall be also applicable to any such changes or additions ordered by the Engineer. The total cost of additional items ordered shall be limited to not more than, ten percent (10%) of the total bid (including alternate bids) of all items. Change orders involving extras or additional funds outside the limits of the unit and/or lump sum prices must be approved by the Consulting Engineer and the Town of Southold 0. 31 - DEFINITIONS The specifications indicate specific manufacturers and/or catalog numbers, etc. , for the purpose of standardization in order to minimize stockpiling of replacement parts. r The words "or approved equal" as hereinafter used shall refer to the use of an equal. product that has received prior approval by the Consulting Engineer for the Town. The word "Engineer" r$feres to HOLZNACHEA, NcLENDON & MURRELL, P.C. , Consulting Engineer for the Town. The words "Owner" or "Town" refer to the TOWN OF SOUTH=. 4 2 SH- GS - 11 of 11 11 HOLZMACHER,McLENOON i MURRELL.P.C. ow�Rrwo wwMw.w � s..rwa«iw PAVEMENT RESTORATION & REPLACEMENT ITEM 5 SCOPE The work under this item includes sawcutting, removal and disposal of existing pavements (temporary and permament) , and the furnishing and placing of asphalt concrete base and binder courses at the locations indicated on the plans or as directed by the Engineer. 5. 2 - GENERAL Under this item, the Contractor shall be responsible for the re- moval and disposal of the following: 1) All temporary pavement previously placed by Southold Town forces. in connection with the installation of new storm drainage leaching pools within the project area. K 2) All existing pavement indicated on the pins and any existing pave- ment ordered by the Engineer in the field during construction. In general, the removal of existing pavement will be ordered at those locations where subgrade failure is evident. In addition, severely distressed or cracked pavement will be ordered removed. 1 3) All existing subbase material down to the required grade for con- struction of the new pavement section. In the event that the material at this grade is considered by the Engineer to be unsuitable as a sub- base for the new pavement, additional excavation ordered will be paid for under Item 14. Under this item, the Contractor shall construct a new pavement cross section at the aforementioned locations in accordance with the details indicated on the plans. Pavement restoration at leaching pools shall include .the additional pavement required behind each Attacture, as detailed on the plans. Sawcutting is required when removing deteriorated pavement, and shall be performed to the Engineer's satisfaction. Upon completion of sawcutting, all asphaltic concrete on all types of bases shall be removed in a neat, workmanlike manner,, � sm pavvawat removal methods as approved by the Engineer. ft ' aq of romovedawtorial stall be done in an acceptable manner etf the site ,or at a designated acorea specified by the Engineer. This Coatradtor ±shall be respprasible for the payment of any dumping fees should he 41sret to use the Town Landfill facilities. 6 &..:3 SAWCUTTING 2 The existing asphalt pavement shall be cut at the locations desig- nated W the Magineer. The minimum depth of cut shall--be two (Z) inches. PRR - 1 of 4 l2 MHOLZMACHER.McLENDON 6 MURRELL.P.C. oo�ana ewo�t�,wrwoNwr*µ�aaman.w www PAVEMENT RESTORATION & REPLACEMENT (CONT'D. ) w 5.3 -. SAWCUTTING .(Cont'd. ) All work shall be accomplished in a neat, workmanlike manner, using approved modern sawcutting methods. Failure to cut a minimum depth of two (2) inches will be con- sidered as grounds for rejection of the sawcut, and the Contractor shall be required to re-sawcut the pavement. No payment will be made for either the additional sawcutting or additional pavement replace- ment required. 5,4 - SUB-BASE The sub-base shall be cleaned of all loose or foreign material, reshaped if rutted, and otherwise prepared so as to provide uniform support for the pavement. All soft or unsuitable material such as loam shall be removed as directed by the Engineer, and replaced with suitable material approved by the Engineer and compacted in six (6) inch layers to the pavement base. Excavation to remove unsuitable materials below the bottom of the proposed base course shall be paid for under Item 14. Shaping of the sub-base shall be accomplished by hand or with mechanical grading equipment after which the. sub-base shall be mois- ened and compacted by means of a vibratory-type compactor in accordance with modern vibratory compaction methods, to the approval of the Engineer. All equipment for the proper preparation of the sub-base and for the placing and finishing of pavement shall be in first-class working order and shall be subject to any inspection the Engineer may desire prior to being placed in use. After the sub-base has been prepared and compacted to the required uniform density and to the- required elevation, alignment and cross-section, it shall be maintained in that condition until the pavement is placed thereon. Pavement will not be placed upon any frozen sub-base or upon any material which, in the opin- ion of the Engineer, is unsuitable as a pavement foundation. The end result of all compactive efforts shall be that the sub-base materialis compacted to not less than 95% of maximum density at optimum moisture content as determined by AASHTO T-99. In the event that the Engineer determiners that there is reasonable doubt regarding the quality or degree of compaction, he may order that compact-ion tests be performed at random locations. All compaction tests shall be performed by an independent laboratory previously approvod (written approval) by the Engineer. The costs for all 6 compaction testing ordered shall be borne by the Contractor. 2 PRR - 2' of 4 13 MHHOLZMACHER.McLENDON i MURRELL.P.C. OOMAT"DOWINK NNrwrrwwKsoirm+s«r1Mwlla PAVEMENT RESTORATION & REPLACEMENT (CONT'D. ) 5.5 - PAVEMENT MATERIALS Materials utilized for pavement restoration shall be in accor- dance with the "Suffolk County Public Works Specifications of November 1, 1968" as amended. The typical pavement restoration cross- section is indicated on the Contract Drawings. A bituminous material shall be placed on the concrete or bitum- inous base and at sawcut joints, as a tack or seal coat. The minimum application rate of this material shall be 0.1 gallons/square yard. The bituminous material shall conform to the requirements of New 'Fork State Department of Transportation Specification Section. 407, Item No. 407.01. .b.,,FA_VZMENT CONSTRUCTION All pavement restoration shall be performed in accordance with the requirements of "BITUMINOUS PAVING 6ON OCTION, FART II, 6x=ION a" of the "Suffolk County Public Works Specifications of November 1, 1968" as amended. -_MIELI,ANEOUS No payment will be made under this Item for pavement disturbed or broken by the Contractor due to his own nealiaence or for pavements removed to facilitate the construction where specific authorization has not been given by the Engineer. 5.8 - MAINTENANCE AND GUARANTEE After repaving, the Contractor will be responsible for his work and will have to repair any sunken trenches immediately after ifs - cation from the Engineer, to the satisfaction of the Engineer. o"I the. Town of Southold Highway Department, for a period of one (1") year after the date of final certificate. 5.9 -• :IS OF PAYMENT Payment will be made for the various types of pavement removal and restoration on a square yard basis in the following mana►ers , , , - Remove temporary pavement placed by others and restore c%va- til aaara with new asphaltic concrete as detailed on the pled. Con- st$vatieft of paved areas behind each of the new leaching poolstructures 6 shall be included under this item. Removal of .existing deteriorated pavement sections s and fireplace- . ah ;new asphaltic concrete as detailed on the plans or as ordered by the 'Xagineer. PAR - 3 of 4 14 HOLZMACHER.MCLENDON&MURRELL.P.C. COMM""g"SM"M.gW4WAMm"M 90NKN MrrwAMNUa PAVEMENT RESTORATION & REPLACEMENT (CONT'D. ) ,9 - BASIS OF PAYMENT (Cont'd. ) { All pavement restoration shall be in accordance with the applicable Suffolk County Department of Public Works Specifications, the details in- dicated on the Contract Drawings and the directions and orders of the Engineer. The unit price bid for these items shall include all materials, labor, equipment and incidentals necessary to complete the work. 2 PRR - 4 of 4 , HOLZMACHER,MCLENOON t MURRELL.P.C. OONMKMOlNOMINM.t11YM101 W MK IOIHNIri M KAMM W MAINTENANCE AND PROTECTION OF TRAFFIC ITEM 10 10.1 - SCOPE The work includes furnishing all labor, materials, equipment and appliances necessary to maintain both vehicular and pedestrian traffic, to protect the public from all damage to person and property and to minimize inconveniences to the residences and businesses ad- jacent to the contract area for the duration of the contract in accordance with the specifications, as shown on the plans and as directed by and to the approval of the Engineer and the Town of Southold Highway Department. 10.2 GENE RAL The Contractor shall maintain traffic over a reasonably smooth . travelled way which shall be so marked by signs, delineations and/or ether methods so that a person who has no knowledge of conditions caii safely, and with a minimum of discomfort and inconvenience, ride, drive or walk over all or any portion of the roadway under construc- tion. The Contractor shall prepare and submit a plan to the Engineer i for his approval , outlining a schedule of operations for the mainten- ance, protection and detouring of traffic showing in complete detail the methods, sequences, procedures and facilities he proposes to install. Before the Contractor shall in any way or manner restrict or interfere with the normal flow of traffic, he must first secure written approval of his proposed plan from the Engineer. The Contractor is placed on notice that the Maintenance and Pro- teetiQn of Traffic over this highway during construction is con- sidered as important and necessary an item of work as is the actual construction itself. The Contractor shall at all times conduct his operation in a manner to insure the safety of motorists, pedestrians and his own employees. The Contractor shall protect the user from dama(p to person and property by reasm of any construction operation (for le - pa-inting , paving, blasting, tree work, demolition, etc..} by such protective screens, devices or methods as are approved dry the engineer,* 6 3 SOHT MPT - I of A 16 HOLZMACHER,MCLENDON&WARM-P.C. ppMN1UNq lMOM�M.UIYMIOIM1EMiK�OIMMA Ml1J11111EM MAINTENANCE AND PROTECTION OF TRAFFIC - CONT'D. The Contractor shall under this item be responsible for the maintenance within the limits of the contract of the entire pave- ment, drainage facilities and other highway elements, both old and new, beginning on the date construction commences and ending on the date the contract is officially accepted. The Contractor shall schedule his work so as to minimize the amount of the old travelled way that is destroyed or substantially damaged at any one time. Throughout the course of the work the health and welfare of the people shall be provided for. The Contractor shall at -least one ( 1) week in advance of proposed work, ascertain the specific needs of individuals whose homes or place of business may be inaccessible for periods of time while required construction work is in progress. In all such cases, the Contractor shall make akl arrangements with health, safety and protective agencies to insure. that any and all emergency or accidental needs of seriously tampered people will be cared for. Roads which must be closed to traffic completely shall be completed during the normal work week. One week's advance notifi- cation of construction shall be given to affected residents. P 10.3 - MATERIALS r All materials used shall comply with the requirements for the various items or materials as established in the specifications or the plans. All temporary signs, delineators, barricades, lighting and other warning and guiding devices shall be as approved by the Engi- neer, and will remain the property of the Contractor. All materials and equipment and workmanship for electrical installations shall be in strict compliance with the Standard Code Requirements and the work shall be performed by licensed electri- cians. The Contractor shall obtain, supply and pay for all required electrical energy and shall make all necessary arrangements with the utility company for service points. All electrical services, permits and certificates shall be obtained and paid for by the Contractor. i SOHT MPT 2 of 6 17 HOLZMACHER..McLENDON i MURRELL.P.C. QowMwrws e«wKeM,wvwwrrrrK�aamns.w w��ur MAINTENANCE AND PROTECTION OF TRAFFIC - CONT'D. 10.4 - CONSTRUCTION DETAILS x- 10.4. 1 - General - The Contractor shall generally provide a travelway suitable for maintaining a minimum of two lanes of traffic. This travelway shall be kept well drained and reasonably smooth and hard at all times and free of potholes, bumps, irregularities and depressions that hold or retain water. 10.4.2 - Warning Signs & Delineators - The Contractor shall erect barricades, detour signs, warn ng lights and other facilities approved by the Engineer at the beginning, end and for the entire length of any detours to adequately warn the travelling public that the road is closed and indicate the direction and route of the detour. He shall conduct his operations to insure a minimum of delay to 'traffic. The Contractor shall furnish, erect and maintain proper reflect- orixed signs, indicating to motorists the status of the highway under construction. All signs shall be kept clean, mounted at the indicated height and so placed as to be effective both day and night. Signs, warnings, delineators and barricades shall be used to adequately inform the ` motorist of any unusual or unsafe condition and to safely and clearly guide him through the contract area. Such signs, barricades, warnings or devices shall be so placed and lighted as to give timely warning and permit the motorist to take the necessary action to traverse the area safely. Barricades and signs shall be lighted when and as required . The Contractor shall delineate areas where there is a drop-off near the edge of the travel lanes and areas on which it is unsafe to travel. Where the drop-off is less than 6-inches, and where soft or unsafe areas occur, an approved delineator shall be placed along the edge of the travelway at intervals of not more than 200 feet. Where the drop-off is greater than 18-inches, a continuous delineation. consisting of a white board or band shall be used in addition to individual delineators. Thirty ( 30) to fifty (50) gallon drums or containers set on end may be used as delineators, provided they are painted orange and white and kept clean at all times. Oti markers or delineators may be circular or rectangular in shapeand sall be constructed of reflective sheeting :having a minimum A-r # e€ 20 square inches or reflective buttons having a minimum did ter of 3-ithes. All reflective delineators or markers shall be yellow or amber in color except that at entrances to commercial establish- ments the Contractor shall place a green reflective marker on each s side of the designated safe entrance to the establishment. The entire 6 2 SOOT MPT - 3 of 6 18 HOLZMACHER.McLENDON i MURRELL,P.G. eourwrIn SWAVA0 remAr m*ftAkWM MAINTENANCE AND TRAFFIC PROTECTION - CONT'D. entrance area between adjacent green markers shall be kept safe and smooth for convenient ingress and egress. Delineators shall be sub- stantally mounted so that the bottom of the reflective unit is 4 feet above the elevation of the travelway. Any area judged by the Engineer to be particularly hazardous shall be marked by the use of oil burning flares or signal flashers with a large reflectorized orange lens in addition to the reflective markings. All signs, markers and other facilities shall indicate actual conditions existing and shall be moved, removed or changed immediately, as conditions require. Details and types of signs, temporary barricades, timber curb and other devices are shown on Standard Structure Sheets, Manual of Uniform Traffic Control Devic of the New York State Traffic Commission. These are minimum requirements and the Contractor shall have an adequate quantity of each available for use as required. The engineer may, if conditions exist, requige additional sign. In, that event, they shall be consistent with the arrangements, material requirements and details of those shown on the Standard Structure Sheets. Lighted barricades shall be fully equipped with complete electrical facilities including fixtures, lamps, conduits, switches, ., cut-outs, boxes, cable and all other required equipment, appurtenances and connections to the service points designated by the utility company as necessary to install and light the barricades. The Contractor shall set and adjust time switches and other equipment as required to put the lighting system in satisfactory operation. 10.4.3 - Maintenance - The Contractor shall furnish material# labor and equipment at any time, day or night, to immediately repair, remedy and prevent washouts, formation of holes, ruts and depressions, sunken trenches and the destruction or sinking of temporary pavements. This applies when the work is underway and when the work is temporarily suspended for any period of time. Special attention shall be given to maintenance of a satisfactory travelway over weekends, holidays, and during the winter season. Any damage to any portion of the work occasioned by lack of adequate maintenance shall be repaired by the Contractor at his own expense. 6 2 SORT MPT 4 of 6 19 HOLZMACHER,McLENDON&MURRELL.P.C. ao"Knfer esUftu4%J0WA AL*atwmn■w ftAWAM MAINTENANCE AND PROTECTION OF TRAFFIC - CONT'D. 10. 4.4 - Flagmen - Whenever it is necessary to maintain traffic, the Contractor shall employ a sufficient number of competent flagmen during the time traffic is maintained. The Contractor shall also provide a sufficient number of competent flagmen in areas where traf- fic is congested, particularly where construction equipment is operating. 10.4 .5 - Access - Under this item, the Contractor shall construct and mainta' n atal times where required or as directed, temporary bridges or bridging across pipe trenches, excavations, obstructions and newly laid pavements to provide adequate ingress and egress for pedestrian and vehicular traffic to and from private driveways, busi- ness and commercial establishments or for main street intersections and heavily travelled crossings. The Contractor will be required, after the installation of all pipes and necessary appurtenances thereto, to immediately backfill all trenches, compact the same with the surface -of the fill graded off, and in-stall temporary pavement to permit the -resumption of traffic without delay. The surfaces of all trenches shall be maintained continually by the Contractor to carry traffic smoothly, safely and without interruptions or slowdowns , until the permanent pavement has been restored. V 10.4,6 - Existing Signs - All existing highway signs and supports within the contract limits are to remain under the control and juris- diction of the Engineer and are to be properly maintained for the r� duration of the contract by the Contractor as directed by the Engineer. The Contractor shall, when shown on the plans or ordered, remove these existing signs; store, protect and keep them clean; and replace them on the contract as directed by the Engineer. Signs not to be replaced shall be cleaned and delivered to the Town as directed by the Engineer. Signs or markers lost or damaged because of negligence .on the part of the Contractor shall be replaced at the Contractor's expense. 10.5 - BASIS OF PAYMENT The work of maintenance and protection of traffic shall be paid for under Item 10 at a jump sum bid price that is greater than or equal to the minimum bid price indicated on the proposal sheets. In the event that, in the opinion of the Engineer, traffic is not properly &noel adequately maintained on any part of the contract on any day, and/ or the Contractor deviates from or fails to comply with the approved plass, schedules and modifications or amendments thereto, no payment for maintenance and protection of traffic will be made for that day. 2 SORT MPT - 5 of 6 20 HOLZMACHER.MCLENQON&MURRELL.P.C. ao�aia arab,u�ou�+iM�dunww.r w�iw MAINTENANCE AND PROTECTION OF TRAFFIC - CONT'D. Daily cleanups of the project site are considered an integral part of the maintenance and protection of traffic. Therefore, no payment will be made for those days where, in the opinion of the Engineer, the Contractor has not :performed a satisfactory cleanup. The amount of any such daily non-payment will be $100. The aggregate sum of money deducted for daily non-payment may exceed the actual amount bid for this item and may be deducted from any monies due the Contractor on other items of this contract. If the Contractor fails to maintain and protect traffic ade- quately and safely for a period of 24 hours, the Engineer may cor- rect the adverse conditions by the use of such means that he may deem necessary and augmented by such other equipment, and personnel as it may be necessary to hire from outside sources, ad the entire cost of this work by such -forces, materials and equipment shall be deducted from any monies due the Contractor._ on this contract. The deduction due to the cost of this work shall be .in addition to the daily non-payment deductions listed above. The bid price shall include the cost of furnishing all labor, materials, tools and equipment necessary to satisfactorily complete the required work. w Monthly payments will be made for this item in proportion to the total amount of contract work, excluding maintenance and pro- tection of traffic, completed divided by the total bid price less the stated allowance for maintenance and protection of traffic. +6 2 SOHT MPT - 6 of 6 21 HOLZMACHER, MGLENOON&WRRELL,P.C. aowa�wo Ew.KE�..�wuaiw�K�aaman.w a TACK COAT r ITEM 11 11. 1 - SCOPE This work shall consist of preparing and treating an existing bituminous or concrete surface with bituminous material in accordance with these specifications and in reasonably close conformity with the limits shown on the plans or established by the Engineer. 11.2 - MATERIALS The bituminous material, prior to dilution, shall meet the re- quirements of one of the following msterial .designations from the N.Y.S.b.O.T. "Standard Specifications - CONSTRUCTION AND NATERIALS", dated January 2, 1981 : Asphalt Emulsion (HFNS-2h) 702-3401 Asphalt Emulsion (SS-1h) 702-3601 Cationic Asphalt Emulsion (CSS-1h) 702-4501 The bituminous material shall be diluted with an equal volume of suitable emulsifier solution and thoroughly mixed into a homogeneous �- liquid. The diluted bituminous material will be sampled and tested in accordance with the Engineer's written instruction. 11.3 - CONSTRUCTION DETAILS 111,34 -- Esuipmont_ - The Contractor shall provide equipment for heatift the b um- nous material and a distributor for applying the tack coat. The distributor shall be so designed, equipped, maintained and operated so that bituminous material can be applied uniformly on variable widths of surface up to 15 feet at readily determined and controlled rates from 0.05 to 2.0 gallons per square yard, with uniform pressure, and with an allowable variation from any specified rate not to exceed 0.02 gallons per square yard. Distributor equipment hall fnelude a tachometer, accurate volume measuring devices or a eslihra.ted tarok F and a thermometer for measuring temperatures of tank contents. Distri- butors shall be equipped with a power unit for the pump, and full cir- culation spray bars adjustable laterally and vertically. Distributors shall be equipped with an approved bituminous material sampling valve. fl When samples are taken through such valves, they shall be considered 1 representative of- all material in the tank. TC - 1 of 2 _ _ 22 HOIZMACHER, MCL£NOON i MURRELL.P.C. OONN0.INNHMM!!M. 11YIIIpNYlMTK H../lANllq TACK COAT - CONT'D. y 11. 3.1 - Equipment - (CONT' D.) Small power spray units or hand spray equipment may be used in areas where the Engineer determines that the use of a distributor is impractical . ,3.2 - Preparation-of Surface to a Treated - The existing Blue fa e s all be patched and cleaned and shall be free of irregularities to provide a reasonably smooth and uniform surface to receive the treat- ment. Unstable corrugated areas shall be removed and patched with mat- orials determined suitable by the Engineer. The edges of existing pavements, which are to be adjacent to new pavements, shall be cleaned to permit the adhesion of bituminous materials. kation �,glla al - The bituminous mater a e a beun erm aPp e' �► 0"S re ss ure distributor . The tack coat shall be applied in such a manner as to- permit one-way traffic, where practical. In addition, the tack coat shall be applied so as to offer the least inconvenience to traffic and to prevent pickup or tracking of the bituminous material. Tack coat shall not be applied during wet or cold weather, as r determined by the Engineer. The temperature and areas to be treated shall be approved prior to application. The application rate shall be 0 .10 - 0.15 gallons per square yard unless otherwise ordered by the Engineer. 11.4 - NBTSOO DP NEASURENENT The quantity to -be paid for will be the number of gallon=s of diluted emulsion measured at 60 degrees Farenheit incorporated into the work. 1j*3 - E IS OF lAYNENT The wait price bid per gallon for tack coat shall include the cost of torwish V materials and all: equipment and labor necessary to com- g e'te the work. s. 1 0 TC - 2 of 2 23 H2M CORP. / HOLZMACHER,MCU NDON & MURR" P.C. CONSULnM C"NCM AND UMMMMWML 8004101 THERMOPLASTIC PAVEMENT MARKINGS h 12. 1 - SCOPE Under this item, the Contractor shall furnish and apply thermoplastic reflectorized pavement markings at the locations and in accordance with patterns indicated on the plans or pavement, or as ordered by the Engineer. This work shall include the cleaning and preparation of pavement surfaces and the maintenance and protec- tion of traffic during installation. 12. 2 - MATERIALS : THERMOPLASTIC PAVEMENT MARKING MATERIAL WHITE & YELLOW This specification shall cover reflectorized thermoplastic pavement striping material that is extruded to the pavement surfaces in a molten state by mechanical means and which upon cooling to the normal pavement temperature produces a reflectorized traffic stripe of desired thickness and width. The term "Thermoplastic Material" defines a substance free of volatiles, appl=ied in a molten state, which after cooling to the ambient temperature and without polymerization- or any other chemical change forms a traffic marking stripe of a quality and appearance as specified in subsequent' sections of these speeif i- ca t ions. This specification is intended to set minimum limits on material characteristics of the thermoplastic compound. The successful bidder shall furnish test samples of materials. He must also submit a list of installations made in the last three years. Material composition shall be in accordance with the following: A. In the plastic state, the material shall not give off fumes which are toxic or otherwise injurious to persons or property. B. , The temperature versus viscosity characteristics of the plastic material shall remain constant through four reheatingof and shall be the same from batch to batch. There shall be no obvious change in color of the material as 'a result of a number of reheatings or from batch to batch. C. The pigmented binder shall be well dispersed and free from all skins, dirt, foreign objects, or such ingredients as will cause bleeding, staining or discoloration. 24 Phi - 1 6 f 5 H2M CORP. / H"AACHER.WUNDON&MURR" P.C. OONSAMO OWNtw AND UMMMMOM%L OWNTWO THERMOPLASTIC PAVEMENT MARKINGS - CONT'D . D. The binder shall consist of a mixture of non-drying synthetic resins at least one of which is solid at room temperature. The total binder content of the thermoplastic compound shall be not less than twenty percent (201%) and sufficient to hold the exposed beads securely in place without the beads abrading off. E. The filler to be incorporated with the .res ins as binder shall be a white calcium carbonate- or approved alternate with a minimum compressive strength of five thousand pounds (5,000 lbs. ) per square inch. F. Specific gravity of• the materials shall be between 1.9 and 2. 1 at 25 degrees centigrade. G. The percentage of pigments for white and yellow thermoplastic shall be between 10% and 15%. M. The softening point (ASTM E 28 Test). shall be a minimum of 98 or as the Engineer approves. 1. Reflecterized beads (Fed. Spec. TT-P-85) shall be employed in the material to the extent of not less than twenty percent (20%) nor more than 30 percent (30%) by weight of material. The glass beads used in the formulation shall have refractive indexes of not less than 1.50 when tested by the liquid method at 25 degrees centigrade; shall consist of 90% min. by count of water white trope spheres and shall be free from air inclusions. The beads shall have the following gradation unless the Engineer approves alternate sizes: X3.5,, Sieve No. Maximum Percent Passing 20 60% 50 15 ', 100 0% Not less than 90% of the spheres shall meet the following require- meats: 1. The surface of the spheres shall be smooth, 'lestreu t and free from film, scratch and pits. P14 2 of 5 25 NM CORP. / HOIZMACHER.Md.EN00N 6 MURR" P.C. WGUL"Mv EM 14UN AND UMMMMWTAL 900"tM THERMOPLASTIC PAVEMENT MARKINGS - CONT'q 2. The spheres shall be clear and transparent and shall not be ovate in shape or fused spheroids and shall meet ASTM D1155 speci- fications. 3. The spheres shall show high autocollimating efficiency. Not more than 1% shall be black, amber or milky. The compound shall not deteriorate by contact, with sodium chloride, calcium chloride, or other chemicals used against formation of ice on roadways or streets or because of the oil content of pavement materials or from oil drip- ping from traffic. J. Topdressing beads shall be beads with a refractive index of 1.50 and the sane specifications as above in Paragraph 1. Paymeatfor these beads shall be included in the cost of thermoplastic material K. The night-time visibility an&reflectivity of the white and yellow thermoplastic lines shall be at least equivalent to reflectorize.d painted traffic lines having six pounds per gallon drop on beads of 1.5 index of refraction after each has been applied side by side on heavily traveled roads for one month. 12.3 - INSTALLATION PROCEDURES A. Layout for the installation of pavement markings will be performed by the Contractor. In the event resurfacing is completed at a time when the thermo- plastic cannot be applied, the Contractor shall install temporary paints lines as directed by the Engineer. The Contractor shall install re- quired permanent thermoplastic lines when the road surface is the appropriate temperature. The Contractor in submitting his bid, hereby agrees that he shall have no claim for any damages due t• such delay other than extended time to complete the work. Application for• exten- sion of time shall be filed by the Contractor with the Engineer at least 15 days prior to the contract date of completion. The cost of any required temporary painted lines shall be included in the unit price bid for Item 12. B. Installation procedures for thermoplastic materials shall be in accordance with the following: 1. Before any work is begun, a schedule of operations shall be submitted for the approval of the Engineer. Signs, cones and other traffic control devices necessary to conform maintenance of traffic operations to the New York State Manual of Uniform Traffic Control Devices shall be on hand for the Engineers inspection prior to the start of work. 26 PM - 3 of 5 HM CORP. / HOIZMACHER. Md DON 6 MURIt" P.C. conucnra o401H W ANO amammotTAL 80offm" THERMOPLASTIC PAVEMENT MARKINGS - CONT'D. 2. Material shall be applied to the pavement at material temper- ature no lower than 360OF nor higher than 4200F. Installation shall be done only in seasonable weather, in accordance with good practice and in accordance with the manufacturer's recommendation. Immediately after application of the thermoplastic, drop on glass spheres (top- dressing beads) shall be mechanically applied while the thermoplastic is still sufficiently molten, such that the spheres will be held by and mechanically imbedded in the surface of the material, in order to provide immediate night reflectivity. 3. The material shall be placed in accordance with the layout lines marked by the Contractor and shall conform as closely as possible to these layout marks. 4• Cleaning E ui moment - Equipment must be provided to insure removal o' ust, debris, and other.,foreign�matter from the read surface immediately prior to the installation of the thermoplastic. S. Condition of pavement - The pavement shall be dry and free from oil, dirt, grease or other oreign contaminants at the time Of instal- lation and the pavement temperature shall'be above 55OF and ambient temperature shall be 45OF and rising. 6. Equipment for Melting and Heating Thermoplastic Material - A special kettle mounted on a mobile unit is required for melting and i heating the material. Such equipment shall incorporate the following features: The kettle shall be of sufficient capacity to satisfy the minimum installation requirements of the material as specified hereafter; The kettle shall provide means of heating the material by means of thermo- statically controlled heat transfer liquid rather than by direct flame, iso as to provide positive temperature control and prevent overheating of the material; suitable temperature gauges to indicate liquid and materlal temperatures at all times shall be provided in the kettle; The kettle shall provide means of continually agitating the material while the material is being heated; the kettle shall have means of rapidly and efficiently discharging the liquid material into appro- priate application equipment; the kettle shall be equipped and con- structed in such a manner so as to satisfy the requirements of the National Board of Fire Underwriters and the appropriate agencies of the State of New York. " T. 62plicatien E ui •ment - Equipment shall be provided to place the' "terial on the pavement as a finished line. The portable hand operated applicator shall include the following features: PM - 4 of 5 27 HN OORP. / HOLIMACHM McMDON 6 MURR" P.C. THERMOPLASTIC PAVEMENT MARKINGS - CONT'D. h The applicator shall provide agitation for the material prior to its actual installation; the applicator shall provide means of maintaining the material at its proper application temperature(not lower than 360OF nor above 4200F) ; the applicator shall be equipped with an extrusionshoe (die) that shall maintain uniformity of speci- fied width, and thickness of not less than 3/16-inch of generally, uniform cross-section. The shoe(s) or die(s) shall be made available to the Engineer for inspection prior to the start of work; the appli- cator shall provide a means of cleanly cutting off the ends of each length; the applicator shall be capable of providing lines of vari- able widths from 4-inches to 12-inches by use of interchangeable parts ; the applicator shall be easily maneuverable and so constructed as to permit application of curved lines ; the applicator shall be provided with a bead dispenser capable of uniformly dispensing reflective glass spheres (topdressing) at cantrolle4 rates of flow. . The bead dispenser shall. be automatically operated in such- a mknner that it will only dispense beads while the material is being applied. The bea-ds shall be d=ispensed at a rate of not less than one pound per 16-square feet of material. Equivalent to 1 pound per 48 L.F. of 4-inch line. The ap- plicators shall be equipped and constructed in such a manner so as to satisfy the requirements of the National Board of Fire Underwriters and the appropriate agencies of the State of New York. In addition, a truck mounted mobile applicator may be used for the installation of longitudinal lines. This pavement marking machine shall combine the specifications of the above described kettle and applicator in one self- contained unit. 12.4 - BASIS OF PAYMENT Payment shall be made under Item 12 at the price bid for the actual number of linear feet of four-inch-wide pavement marking material measured along the center of the surface stripe. No payment will be wade for the number of linear feet of space in the dashed line. Payment for markings wider than four inches will be made at contract price per foot of the tour-inch line multiplied by the actual width in inches divided by four. Payment for arrows shall be made as equivalent to 50 feet of four-inch line per arrow. This item will be paid for at the contract unit price per linear feet of fear-inch-wide pavement marking. The unit price bid shall include full compensation for furnishing all material, equipment, labor, and incidentals necessary to satisfactorily complete the work. All material includes topdressing beads. 28 PM - 5 of 5 HOIZMACHER, MCLENDON i MURRELL,P.C. QQ"MMG[MONMlM.EMVIMO WWAL SMW MU 04 h/1MM[M ADDITIONAL EXCAVATION AND BACKFILL ITEM 14 1.4.1 - SCOPE The work includes the furnishing of all labor, materials, equip- ment and appliances necessary to perform, stockpile and dispose of additional excavation, furnish and place additional selective backfill, perform and dispose of rock excavation in accordance with the speci- fications as ordered by and to the approval of the Engineer. 14.2 - STOCKPILING .OF SURPLUS MATERIALS The Contractor. shall stockpile all materials that are excess from excavations that are suitable for reuse under this section of the specifications. The excess materials from excavations shall be stock- piled on property provided by and at -the expense of the Contractor. then ordered by the Engineer to provide backfill, the Contractor shall utilise all of the material stockpiled prior to furnishing *addi- tional backfill", for which separate payment will be made. At the completion of construction, all excess materials stock- piled will become the property and responsibility of the Contractor. There shall be no payment for maintenance of the stockpile herein described nor shall there by payment for rehandling any materials in the stockpile to incorporate it into the work. Payment shall. be made only for the additional excavation required, if any, to remove unsuit- able materials from beneath normal excavation lines. 14. 3 - DESCRIPTION 4! .l l dditional, Backtil,l, -- Shall consist of crushed stone or bank iv a sa>rA and gravel, free from organic or other unsuitable material, as and of approved size, grade and quality for use as indicated on the plans where directed by the Engineer. Prior to use, the Contractor shall submit for Engineer's approval, a sieve analysis of the special backfill. The material shall be of such size that not more than 70 percent by weight shall pass the No. 40 marsh sieve and not more than 1S percent by weight shall pass the No. 200 mesh sieve. 14,3# - Additional Sx Ation - Shall consist of .the rival and disposal 4; .any unsuitable rounaatLoh material encountered during any pavement construction. Suitability of. .various materials as a foundation material will be decided by the Engineer. 6 2 AE&B 1 of 3 29 HOLZMACHER. McLENDON&MURRELL,P.C. C0fWA QEMOMtEM lMYMOMM[M�K fC1EMTIQ�••0 KAMM[M ADDITIONAL EXCAVATION AND BACKFILL (CONT'D. ) 14. 3. 3 - Rock Excavation - Shall be classified as- boulders, hard and solid ledge rock and other similar materials of more than one-half cubic yard (h c.y. ) volume. 14.4 - PLACING ADDITIONAL BACKFILL Additional backfill shall be spread in layers not exceeding 6-inches in thickness and shall be thoroughly compacted to prevent settlement. Any settlement in the finished work shall be made good by the Contractor at his own cost and expense. 14.5 - BASIS OF PAYMENT Payment will be made at the unit price bid under Item 14A for the actual number of cubic yards of Additional Badkfill as explained in Section 14.3.10 for additional selective backfill as ordered by the Engi- neer that is not already stockpiled by the Contractor for work ordered by the Engineer outside the prescribed limits as detailed on the plans or indicated in the specifications. No measurement and payment will be made for additional backfill used in unauthorized areas. The price bid per cubic yard for additional backfill shall include necessary ex- cavation and disposal and shall cover the cost of all materials and expenses incidental to the furnishing, placing and compacting the addi- tional backfill in the completed work, in accordance with the specifica- tions, or the Engineer' s directions. Bids on Item 14A shall not be less than $2:00 nor more than $10.00 Per cubic yard. Payment will be made under Item 14B at the unit price bid per cubic yard for additional excavation for the actual number of cubic .yards removed below srade. Additional excavation shall be performed only when authorized by the Engineer. Bids on Item 14B shall not be less than $2.00 nor more than $10.00 per cubic yard. Payment for rock excavation will, be made at the unit price bid for Item 14C and shall be for the actual Number of .cubic yards of ledge .rock or 'boulders that must be removed in order to providethe proper subbase for pavement construction. Irk the excavation for pavement construction, the unLt price to be paid for the rock excavation shall be the additional cost per cubic yard for rock `excavation. • No payment shall be made nor shall, measurement be made b any rock or boulder removed which did not exceed one-half cubic yard ( e.y. ) 6 in volume. 2 AE&B - 2 of 3 30 HOLZMACHER. MCLENDON&MURRELL.P.C. ooww Two ESM.erwarweNr�►�aE«nsn.a w�u«aM ADDITIONAL EXCAVATION AND BACKFILL (CONT'D. ) Bids on Item 14C shall not be less than $3.00 nor more than $50.00 per cubic yard. Payment under these Items shall include furnishing all labor, mate- rial, equipment and incidentals necessary to perform additional excava- tion, furnish and place additional backfill and perform rock excavation. r 6 2 AE&B - 3 of 3 31 HOLZMACHER, McLENDON 6 MURRELL. P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS ASPHALT CONCRETE TRUING AND LEVELING COURSE T t ITEM 51-TL 51. 1 SCOPE Under this Item the Contractor shall furnish and place a truing- up or leveling course over the existing pavement surface in accordance with the provisions of Item 51-TL of the "SUFFOLK COUNTY PUBLIC WORKS SPECIFICATIONS OF NOVEMBER 1, 1968", as amended. 51.2 BASIS OF PAYMENT The unit price bid per ton for this Item shall include the cost of furnishing all materials, labor and'equipmeit necessary to construct the truing and leveling course, as required by the Plans and as ordered by the Engineer. . 1 1 32 ACTL - 1 of 1 HOLZMACHER. McLENDON&MURREU. P.C. i H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS ASPHALT CONCRETE, TYPE 1A (TOP COURSE) ITEM 51-FZ 1.0 - SCOPE Under this Item the Contractor shall furnish and place a one- course layer of top mix to the required thickness as shown on the plans, in accordance with the provisions of Item 51-FZ of the "SUFFOLK COUNTY PUBLIC WORKS SPECIFICATIONS OF NOVEMBER 10 1968", as amended. 1.1 - BASIS OF PAYMENT The unit price bid per ton for this Item shall include the costs for all labor, equipment and materials necessary to construct the tap course as required by the Plans and these Specifications. Included in the unit price bid for this Item shall be thO cost to construct all re- quired "V" grooves and the cost to thoroughly sweep clean the existing roadway surface prior to any paving operations. h iL 1 0 1 33 ACTC - 1 of 1 HOIZMACHER. McLENDON & MURRELL. P.C. / H2M CORP. CON$ULTINO ENCINUM ANO ENVIRONMENTAL 9CIENTIM INDEMNITY, LIMITATION OF LIABILITY 1. INDEMNITY The Contractor and all sub-contractors performing work in connection with this contract shall HOLD - HARMLESS, INDEMNIFY and defend the OWNER and ENGINEER, their consultants, and each of their officers, agents and employees from any liability, claims, losses or damage including reason- able costs of defense arising out of or alleged to arise from the Con- tractor' s or sub-contractor' s negligence in the performance of the work described in the Contract documents, but not including liability that may be due to the sole negligence of the OWNER, ENGINEER or their officers, agents and employees. 2. LIMITATION OF LIABILITY The Contractor and all sub-contractors agree to limit the liability of the OWNER and ENGINEER due to the Engineer' s professional negligent errors or omissions such that the total aggregate liability of the engineer to those named shall not exceed fifty thousand ( $50,000 . ) dollars, or 5% of the contract award amount, whichever is greater. 1 0 0 ILL 1 of 1 HVl1Mn�rrLN, MClltvwn a POUnncu. rA— / 91&— wnr. CONSULnNG ENGINEERS AND ENVIRONMENTAL SCIENTIM CONTRACT CONTRACT IN QUADRUPLICATE FOR AT TOWN OF SOUTHOLD, SUFFOLK COUNTY , NEW YORK , dated 19 , BY AND BETWEEN THE TOWN BOARD OF THE TOWN OF SOUTHOLD. SUFFOLK COUNTY, NEW YORK, (herein called the "Town, " and (herein called the "Contractor" ) . WITNESSETH , that the Town and the Contractor, in consideration of the premises and of the mutual covenants , considerations and agreements herein contained , agree as follows: This Contract is hereby awarded to the Contractor for the work and material called for under his bid in the Proposal section of the Contract and designated as Items: and if required by the Consulting Engineer, Items: for the sum of: Dollars for the unit and/or lump-sum price(s) as listed in the Proposal herein. C-1 HOLZMACHER. MCLENDON 6 MURRELL. P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT' D. 1 . CONTRACT DOCUMENTS AND DEFINITIONS The Notice to Bidders, Information for Bidders, Proposal , General Conditions, Contract, Specifications and Plans, together with any Addenda , shall form part of this Contract , and the pro- visions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. The titles, headings, head- lines 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 Docu- ments" is used , it shall mean and include this Contract , the Plans, Specifications, any Addenda, and the Notice to Bidders, Information for Bidders, General Conditions and Proposal. In case of any con- flict or inconsistency between the provisions of the Contract and those of the Specifications, the provisions of the Contract shall govern. WORK: The * term "Work" , as used herein, refers to 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 completed project , and includes all plant , labor, materials, supplies, equipment and other facilities and acts necessary or proper for or incidental to the carrying out and completion of �. the terms of this Contract . The term "work performed" shall be construed to include material delivered to and suitably stored at the site of the project. EXTRA WORK: The term-"Extra Work" , as used herein, refers to and includes all work required by the Town which, in the judgment of the Engineer , involves changes in or additions to work required by the Plans, Specifications and any Addenda in their present form. SUBCONTRACTOR: The term "Subcontractor" , as used herein, shall mean any person, firm or corporation applying labor and material for work at the site of the project , but not including the parties to this Contract. ENGINEER: In the performance of the work, the Town shall be represented by its Consulting Engineer HOLZMACHER, McLENDON & MURRELL, P.C. , (herein called the "Engineer") . C-2 HOIZMACHER, MCLENDON b MURRELL. P.C. / N2M CORP. CONSULTING ENGINEER• ANO ENVIRONMENTAL SCIENTIST! CONTRACT - CONT' D. 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 the last known business address of , the person, firm or corporation for whom intended or to his, their, or its duly authorized agents, representatives or officers, or when enclosed in a postage prepaid wrapper or enve- lope addressed to such person, firm or corporation at his, their, or its last known business address and deposited in a United States Mail Box. 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, designa- tion or prescription of the Engineer, and "approved", "satisfied" , or "satisfactory" , "in the judgment of" , and words of like import, shall mean approved or acceptable to, or satisfactory to, in the judgment of the Engineer. 2. SCOPE OF THE WORK The Contractor will furnish all plant , labor, material, 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 the Contract . 3. COMPENSATION TO BE PAID TO THE CONTRACTOR (a) Agreed Prices : It is understood and agreed that the Con- tractor 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 reason of variations from the estimated quantities set forth in the Proposal. (b) Extra Work and/or Changes : The Town 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 : C-3 wxZMACHER, McLENDON & MURRELL. P.C. / H2M CORP. CON3ULTINO ENGINMS AND ENVIRONMENTAL SCIETMM CONTRACT - CONT'D. (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 prices or by a lump sum mutually agreed upon by the Town and the Con- tractor, or (3) If no such unit prices are 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, or 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 percent (20%) as full compensation for all other items of profit , costs and expenses , including administration, overhead, superintendence, insurance, insurance other than Workmen 's Compen- sation Insurance, material used in temporary structures, allowances made by the Contractor to subcontractors, additional premiums upon the Performance Bond of the Contractor and the use of small tools. • 4 . TIME OF ESSENCE Inasmuch as the provisions of this Contract relating to the time for 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 pro- visions are of the essence. of this Contract. 5. COMMENCEMENT OF WORK The Contractor agrees that he will commence work within ten <10) consecutive calendar days after signing this Contract, and that the day lie commences woric shall constitute the first of the consecutive calendar days allowed for compleCion of the work. y C-4 HOL.ZMACHER, MCL.ENDON&MURRELI. P.C. / H2M CORP. CONSULTING ENOINEEM AND ENVIRONMURAL SCIENTIM CONTRACT - CONT'D. 6. TIME FOR COMPLETION The time for completion of this Contract shall be within the number of calendar days stated in the Bid Proposal and the date of such completion shall be the date of the certificate of com- pletion hereinafter specified. The Town reserves the right to order the Contractor to suspend operations when, in the opinion of the Engineer, impro- per weather conditions make such action advisable, and to order. the Contractor to resume operations when weather and ground con- ditions permit. The days during which such suspension of work is in force are not chargeable against the specified completion time. 7. LIQUIDATED DAMAGES FOR DELAY The time limit being essential to and of the essence of this Contract , the Contractor hereby agrees that the Town 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 two hundred and fifty dollars ($250.CO) per day 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 Town 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, provided, however, that the Town 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 completign of his 4 work by reason of unforeseeable causes beyond his control and with- 2 out his fault, or negligence, including but not restricted to Acts .of God or of any public enemy, acts or neglect of the Town # acts or neglect of any other Contractor, fires, floods, epidemics, quarantine restrictions, strikes, riots, civil commotion 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 Town. No such extension of time shall be considered a waiver by the Town of its right to terminate the Contract for abandonMOnt or delay by the Contractor as hereinafter provided or relieve the Contractor from full responsibility for performance Of his obliga- tions hereunder. C-5 RT HOLZMACHER, MtLENDON 6 MURRELL. P.C. / H2M CORP. CON3ULTINO ENOINEEAg AND ENVIRONMENTAL SCIENTIM CONTRACT - CONT' 1). 9. CONTRACT SECURITY (a) The Contractor shall furnish a Performance Bond in an amount equal to one hundred percent ( 100%) of the total, contract price as security for the faithful performance of this contract , and for the payment of all persons performing labor or furnishing mater- ials in connection with this Contract . e Town (b) Additional or Substitute Bond : If, at any time, the shall be or become dissatisfied with any surety or sureties, upon the Performance Bond, or if , for any other reason , such bond shall cease to be adequate security to the Town , the Contractor shall , within five (5) days after notice from the Town, substitute an acceptable bond in such form and sum, and signed by such other surety as may be satisfactory to the Town . The premiums on such bonds shall be paid by the Contractor. No further payments shall be deemed due, nor shall be made until the new surety shall have been qualified. (c) Prior to release of the Performance Bond , the Contractor shall deliver . to the Town a Maintenance Bond equal to one hundred percent (100%) of the total Contract price, including all extras. This Maintenance Bond shall remain in full force and effect for a period of one (1 ) year after the date of the final certificate and such bond , which shall be executed by the Contractor and issued by a reliable, solvent surety company authorized to do business inthe State of New York shall guarantee to the Town that the Contractor shall promptly remedy any defects or faults that may occur within twelve (12) months after completion and acceptance of the work performed by the Contractor pursuant to this Contract . 10. CONTRACTOR'S INSURANCE The Contractor shall not commence any work until he has obtained and had approved by the Town all of the insurance required under this Contract , as enumerated herein : Compensation Insurance Public Liability and Property Damage Insurance Contractor' s Protective Liability and Property Damage Insurance Owner' s (Town of Southold) and Engineer's Pro- tective Public Liability and Property Damage Insurance Automobile Public Liability and Property Damage Insurance C-6 H=MACHER. MCLENDON & MURRELL. P.C. / H2M CORP. CDN7ULTING ENOINELAS AND ENVIRONMENTAL SCIENTI{T! CONTRACT - CONT" D. The Contractor shall not permit any subcontractor to commence any operation on the site until satisfactory proof of carriage of the above required insurance has been posted with, and approved by, the Town. (a) Compensation Insurance: The Contractor shall take out and maintain, during the life of this Contract , Workmen's Compensation Insurance for all of his employees employed at the site of the pro- ject , and in any case of any of the work being sublet, the Contractor shall require the subcontractor similarly to provide Workmen's Com- pensation Insurance for all of the latter's employees, unless such employees are covered by the protection afforded by the Contractor. (b) Public Liability and Property Damage Insurance: The Con- tractor shall take out and maintain during the life of this Contract such Public Liability and Property Damage Insurance as shall pro- tect him and any subcontractor performing work covered by this Contract for 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, whether such opera- tions be by himself or by any subcontractor, or by anyone directly or indirectly employed by either of them, and the amounts of such insurance shall be as follows : Public Liability Insurance in the amount not less than Five Hundred Thousand Dollars ($500,000. ) for bodily injuries , including wrongful death to any one person, and subject to the same limit for each person in an amount not less than One Million Dollars ($1,000,000. ) on account of one apcident. Property Damage Insurance in an amount not less than One Hundred Thousand Dollars ($500,000. ) for damages on account of any one accident and in an amount of not less than Two Hundred Thousand Dollars ($1 ,000,000. ) for damages on account of all accidents. (c) Liability and Property Damage Insurance: The above policies for public liability and property damage insurance must be so written as to include Contractor 's Protective Liability and Property Damage Insurance to protect the Contractor against claims arising from the operations of any subcontractor. C-7 HOLZMACHER, McLENDON d MURRELL. P.C. / H2M CORP. CON3ULTINO ENGINEEAG AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT' D. J (d) Owner's and/or Engineers Protective Public Liability and Property Damage Insurance: (Town and/or Town Board, Town of Southold and/or }Iolzmacher, McLendon & Murrell, P.C. ) The Con- tractor shall furnish to the Town with respect to the operations he or any of his subcontractors perform, a regular Protective Public Liability Insurance Policy for and in behalf of the Town and/or Town Board, Town of Southold and/or Holzmacher, McLendon & Murrell, P.C. , providing for a limit of not less than $500,000. for all damages arising out of bodily injuries to, or death of one person and subject to that limit for each person, a total limit of $1,000,000. for all damages arising out of bodily inju- ries to, or death of, two or more persons in any one accident ; and regular Protective Property Damage Insurance providing for a limit of not less than $500,000. for all damages arising out of injury to, or destruction of, property in any one accident and subject to that limit per accident a total (or aggregate) limit of $1 ,000,000. for all damages arising out of injury to, or des- truction of property during the policy period. The insurance must fully cover the legal liability of the Town and/or Town Board, Town of Southold as owner and/or Holzmacher , McLendon & Murrell, P.C. The coverage provided under this policy must not be affected if the Town and/or Engineer performs work in connection with the project either for , or in cooperation with, the Contractor or as an aid there- to, whether the same be a part of the Contract or separate there- from, by means of its own employees or agents, or if the Town and/or Engineer directs or supervises the work to be performed by the Contractor. (e) Automobile Public Liability and Property Damage Insurance: The Contractor shall take'--out and maintain during the life of the Contract such automobile public liability and property damage insurance as shall protect him and any subcontractor performing work covered by this contract 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 Con- tract , whether such operations be by himself or by any subcontractor, or by anyone directly or indirectly employed by either of them and the amounts of such insurance shall be as follows : a C-8 HOLZMACHER, MCLENOON & MURRELL. P.C. / H2M CORP. CON3ULTINO 04GINURS ANO ENVIRONMENTAL SCIENTIM CONTRACT - CONT'D. Automobile Public Liability Insurance in an amount not less than Five Hundred Thousand Dollars ($500,000. ) for bodily injuries, including wrongful death by any one person, and subject to the same limit for each person in an amount not less than One Million Dollars ($1,000,000. ) on account of one accident. Automobile Property Damage Insurance in an amount of not less than One Hundred Thousand Dollars ($100,000. ) for damages on account of any one accident and in an amount of not less than Two Hundred Thousand Dollars ($200,000. ) for damages on account of all accidents. 11 . PROOF OF CARRIAGE OF INSURANCE The Contractor shall furnish the Town with certificates of each insurer insuring the Contractor or any subcontractor under this Contract , except with respect to subdivision (d) of Paragraph 10. In respect to this paragraph, the Contractor shall furnish the Town with the original insurance policy and a copy to the Engineer. Both certificates, as furnished, and the insurance policy, as ,�. required, shall bear the policy numbers, the expiration date of the policy and the limit or limits of liability thereunder. Both the certificates and the policy shall be further endorsed to provide the Town and Engineer with any notice of cancellation at least five (5) days prior to the actual date of such cancellation. C-9 HOLZMACHER. MCLENDON 6 MURRELL. P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT' D. 12. COMPLIANCE WITH LABOR AND PENAL 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 Laws, as amended, provide 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 con- templated by this Contract , shall be permitted or required to work more than eight (8) hours in any one calendar d y, except or in cases of extraordinary emergency caused by fire, , 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, except in such emergency; that the wages to be paid for a legal day's work as hereinbefore defined, to laborers, workmen, or mechanics upon the work called for under this Con- tract , or for any materials 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 outside the limits of cities and villages are no longer exempt from the pro- visions of the Labor Law which required the payment of the pre- vailing rate of wages and the eight (8) hour day. Section 222 of the Labor Law, as amended by Chapters 556 and 557 of the Laws of 1933, provides that preference in employ- ment shall be given to citizens 01 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 satis- factory 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 Con- tractor 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 (30) days nor more than ninety (90) days , or both fine and imprisonment. C-10 H=MACHER, McLENDON 6 MURRELL. P.C. / HTM COMP. C0N3ULnNO ENGINUAS AND ENVINONMrWAL BCIEWIM CONTRACT - CONT'D. Section 220A of the Labor Law, as amended by Chapter 472 of the Laws of 1932, provides that before payment is made by or on behalf of the State or 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 sub- contractor to file a certified statement in writing, in satis- factory 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 Contract , 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 payment to any Contractor or subcontractor to the extent of the amount or 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 other reason, it may be deemed advisable, the Comptroller of the State or other financial officer of the Municipal Corporation may deduct from the whole amount of any payment on account thereof the sum or sums admitted by any Contractor or subcontractor in such statement or statements " so filed 'to be due and owing by him on account of labor per- formed 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 Con- tractor 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, recon- struction, maintenance and/or repair of highways to which the State, County, Town and/or Village is a party shall contain the provision stating the minimum rate of hourly wage that can be 6 paid, as shall be designated by the Industrial Commissioner, 2 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 C-11 HOLZMACHER, McLENDON a MURRELL. P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL WENTIfTa CONTRACT - CONT'D. 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 by both 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 or 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 Com- missioner, State of New York, for this Contract , are as set forth in the Information for Bidders. Section 1918 of the Penal Law, as amended, provides that 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 have been given at least seventy-two thereof in writing shall 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 of such street, highway or public place, or in the case of a proposed discharge 4f explosives within a radius of two hundred feet of such discharge, any pipe of any person, corporation or municipality conveying combustible gas, and if 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 disharge explosives to protect a person or persons from an immediate and substantial danger of death or serious personal in- jury if such notices are given before any such discharge is under- taken. Any such work shall be performed in such manner as to avoid damage to pipe conveying combustible gas. Any violation of the provisions of this Section shall be a misdemeanor. t C-12 HOLZMACHER, McLENDON 6 MURRELL. P.C. / H2M CORP. CONSULTING CNOINEEA• AND ENVIRONMENTAL SCIENTIM CONTRACT - CUNT' 1). 13. (QUALIFICATIONS FOR EMPLOYMENT No person under the age of sixteen (16) years , and no person currently serving sentence in a penal or correctional institution shall be employed to perform any work on the project under this Contract . No person whose age or physical condition is such as to make his employment dangerous to his health or safety , or the health and safety of others, shall be employed to perform any work on this project ; provided, however, that such restriction shall not operate against the employment of physically handi- capped persons, otherwise employable, where each person may be safely assigned to work which they can ably perform. 14 . NON-DISCRIMINATION There shall be no discrimination because of race, creed or color in the employment of persons for work under this Contract , whether performed by the Contractor or any subcontractor. Neither shall the Contractor or any subcontractor discriminate in any manner against or intimidate any employee hired for the perform- ance of work under this Contract on account of race , creed or color. There may be deducted from the amount payable to the Con- tractor by the Town 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 Con- tract may be canceled or terminated by the Town and all monies due or to become due hereunder may be forfeited. 1.5. PAYMENT OF EMPLOYEES The Contractor and each of his subcontractors shall pay each of his employees engaged in work on this project tinder this Contract in full ( less deductions made mandatory by law) in cash and not less often than once each week. C-13 HOLZMACHER, McLENDON 3 MURRELL.P.C. Cor4"TWa ENONIRM EMVMONWIOTK SMNTMTE O0/IMOMIM CONTRACT - CONT'D. 16. ESTIMATES AND PAYMENTS (a) Monthly: At the end of each calendar month during the progress of the work, the Engineer shall make up an approximate estimate of the work done and the materials furnished, based upon the prices set forth in the Proposal. In consideration of the work done and the materials furnished, the Town will pay or cause to be paid to the Contractor the amount estimated by the Engineer as due him less a sum equal to five percent (5X) of such amount and less such additional amount as may be necessary to satisfy any claims, liens or judgments against the Contractor which have not been suitably discharged. The making of any such estimate or payment made thereon shall not be taken or construed as an acceptance by the Engineer or the Town of any work so estimated and paid for. The amount of the monthly estimate remaining unpaid will be retained by the Town as a guarantee that the Contractor will faithfully and completely fulfill all obligations imposed by the Contract and Specifications, and against any damages incurred by the Town by reason of any failure on the part of the Contractor to fulfill all conditions and obligations herein contained. All partial payments are subject to correction in any subse- quent payment. The retained amounts shall be paid as set forth in 16b. The Contractor shall receive payment within ten (10) days after the Town receives payment from the New York State Department of Transportation. (b) Final Certificate: Thirty (30) days after the Contractor shall have substantially completed the work required of it under the Contract, the Engineer will prepare a final certificate of the remaining amount of the Contract balance less a sum equal to two (2) times the value of any remaining items to be completed and less an amount necessary to satisfy any claims, liens or J udgments against the items of work are satisfactorily completed or corrected, the Town shall promptly pay, upon receipt of a requisition for these items less an amount necessary to satisfy any claims, liens or judgments against the Contractor which have not been suitably discharged. Any claims, liens and judgments referred to in this section shall pertain to the project and shall be filed in accordance with the terms of the applicable Contract and/or applicable laws. The Contractor shall receive payment within ten (10) days after the Town receives payment from the New York State Department of Transpor- tation. (c) In order to secure the performance of the convenant of the Contractor, prior to release of the Performance Bond, the Contractor shall deliver to the Town a Maintenance Bond equal to one hundred percent (100X) of the total Contract price, including all extras. This Maintenance Bond shall remain in full force and effect for a period of one (1) year after the date of the final certificate and such bond, which shall be executed by the Contractor and issued by a reliable, solvent surety company • authorized to do business in the State of New York shall guarantee to the 8 Town that the Contractor shall promptly remedy any defects or faults that 2 may occur within twelve (12) months after completion and acceptance of the work performed by the Contractor pursuant to this Contract. C-14 NOLZMACHER, McLENDON & MURRELL. P.C. / N2M CORP. CONOULTINO ENGINEER• AND ENVIRONMENTAL SCIENTIM CONTRACT - CONT' D. (d) Measurements for Payment : The Engineer shall make due r measurement of the work done during the progress of the work and his estimate shall be final and conclusive evidence of the amounts of work performed by the Contractor under, and by virtue of, this agreement , and shall. be taken as the full measure of compensation to be received by the Contractor. When requested by the Contractor, the Engineer shall measure, re-measure or re-estimate any portion of the work ; but the expense of such re-measurement or re-estimating shall , unless material error be proved , be paid for by the Contractor. 17. ACCEPTANCE OF FINAL PAYMENT CONSTITti,rES RELEASE 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 things done or furnished in connection with this work and for every act and neglect of the Town and other relating to, or arising out of , this work, excepting the Contractor 's claims for interest upon the final payment , if this payments be improperly delayed. No payment , however, final or otherwise, shall operate to release the Contractor or his sureties *. from any obligations under this Contract or the Performance Bond. 1 18. CONSTRUCTION REPORTS The Contractor shall submit to the Engineer prior to the commencing of any work under this Contract a detailed schedule and plan of operation, indicating the manner in which the Contractor proposes to prosecute the work, and a time schedule therefore. 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 Contractor shall furnish the Engineer with periodic esti- mates for partial payments as required elsewhere in the Contract documents and, in addition thereto , will furnish the Engineer with a detailed estimate for final payment . Prior to being eligible to receive 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 other than the Town as may be required by such existing laws or regulations . C-15 HOLZMACHER, McLENDON 6 MURRELL, P.C. / H2M CORP. CONSULTING ENOINEEAS AND ENVIRONMENTAL SCIENTIST! CON,rRACT - CONT' D. 19. INSPECTION AND TESTS All material and workmanship shall be subject to inspection, examination and test by the Engineer and other representatives of the Town at any time during the construction and at any and all places where manufacturing of materials used and/or construct- tion is carried on. Without additional charge , the Contractor shall furnish promptly all reasonable facilities , labor and materials neces- sary to make tests so required safe and convenient . If, at any time, before final acceptance of the entire work, the Engineer considers necessary or advisable an examin- ation 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 expenses of or 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 examin- ation and reconstruction in the manner herein provided for the payment of costs of extra work. The selection of laboratories- and/or agencies for the in- spection and tests of supplies, materials or equipment shall be subject to the approval of the Engineer. Satisfactory documen- tary evidence that the material has passed the required inspec- tion and test must be furnished the Engineer prior to the incor- poration of the material in the work. Any rejected work shall be removed from the site of the project completely at the expense of the Contractor. C-16 HOl2MACHER. McLENDON 6 MURRELL. P.C. / H2M CORP. CON3ULTINO ENOINEM AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT' D. 20. 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 on the Plans shall have the same effect .as if shown or mentioned respectively in both. In case of any conflict or inconsistency between the Plans and Specifications , the Plans shall govern. Any discrepancy between the figures and specifications shall be submitted to the Engineer, whose decision therein shall be conclusive. 21. SUBSURFACE CONDITIONS FOUND DIFFERENT Should the Contractor encounter subsurface conditions at the site materially differing from those shown on the Plans or indi- cated 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 . t 22. CONTRACTOR'S TITLE TO MATERIALS No material or supplies for the work shall be purchased by the Contractor or by 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. 23. SUPERINTENDENCE BY CONTRACTOR At the site of the work the Contractor shall employ a Con- struction Superintendent or foreman who shall have full authority to act for the Contractor. It is understood that such represen- tative 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. C-17 HOLZMACHER. McLENDON 6 MURRELL. P.C. / H2M CORP. CONlULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT' D. 24 . PROTECTION OF WORK PERSONS AND PROPERTY Precaution shall be exercised at all times for the proper protection of all persons , property and work. The safety pro- visions 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 Town or its Engineer to adequately safeguard the traveling public. The Contractor shall give notice to the owners of all utilities which may serve the area and request their assistance in pre- determining the location and depth of the various pipes , conducts , manholes and other underground facilities . 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 Town or its duly authorized representatives . The Contractor shall provide and maintain such watchmen, barriers , lights , flares and other signals, at his own expense, as will effectively prevent any accident in consequence of his work for which the Town might be liable. The Contractor shall be liable for all injury or damage caused by his act or neglect, or that of his employees: 25. PATENT RIGHTS As part of his obligation hereunder and without any ad- ditional 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 Town for any loss on account of any infringement of any patent rights , unless prior to his use in the work of a particular process or a product of a particular manufacturer, he notifies the Town in writing that such process or product is an infringement of a patent. C-18 HOLZMACHER, MCLENDON d MURRELL, P.C. / H2M CORP. CONSULTING EINOINEERG AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT' 1). 26. REPRESENTATIONS OF CONTRACTOR The Contractor represents and warrants : (a) That he is financially solvent and that he is experienced in and competent to perfrom 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 Laws , 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 it is intended and that such construc- tion 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 investigation he has satisfied himself as to the nature and location of the work, the character, location, quality and quantity of surface and sub- surface materials , structures and utilities likely to be encountered, the character of equipment, and other facilities needed for the performance of the work, the general local conditions which may in any way affect the work or its performance. 27. 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 all 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 d her questions in connection with the work. Upon request , the Engineer shall confirm in writing any oral orders, directions , requirements or determinations . The enumeratioi herein or elsewhere in the contract documents of particular instances in which the opinion, judgment, 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 so performed, but without exception all the work shall be governed and so performed. C-19 i 1?AHOLZMACHER, McLENDON a MURRELL,P.C. CONSULTING ENOINEEM.ENV"WNMENTAL SCIENTISTS And fLANNENb CONTRACT - CONT'D 28. SURVEYS The Engineer will furnish the Contractor with the benchm4rks necessary to complete the work. All further layout of sines and grades will be the responsibility of the Contractor. 29. CHANGES AND ALTERATIONS The Town reserves the right to make alterations in the. location, line, grade, plans, form or dimensions of the workr or any part thereof, either before or after the commencement of the 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. 30. CORRECTION OF WORK All work and all materials, whether incorporated into the work or not, all processes of manufacture and all methods of con- struction shall be, at all times and places, subject to the in- spection 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. Rejected materials shall im- mediately be removed from the site. 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 judgment of the Engineer, shall be equitable. r The Contractor expressly warrants that his work shall be 6 free from any defects in materials or workmanship, and agrees 2 to correct any defects, settlements, or shrinkages which may appear within one year following the date of the final certi- ficate. Neither the acceptance of the completed work nor SOHT C-20 81-01 HOLZMACHER, McLENDON 6 MURRELL., P.C. / H2M CORP. cONsuLTINa ENGINEERS AND ENVIRONMENTAL SaENTIITS CONTRACT - CONT' D. payment therefor shall operate to release the Contractor or his sureties from any obligations under or upon this Contract or the Performance Bond. 31. WEATHER CONDITIONS In the event of temporary suspension of the 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 materials shall have been damaged or injured by reason of the failure on the part of the Contractor or any of his subcontractors to protect his , or their work, such work and materials shall be removed and replaced at the expense of the Contractor. 32. THE TOWN'S RIGHT TO WITHHOLD PAYMENTS t The Town may withhold from the Contractor so much of any approved payments due him as may, in the judgment of the Town, a be necessary: he ent of ust claims then (a) To andassure unpaidtof anympersonsJe supplying labor or materials for the work; (b) To protect the ,-Town from loss. due to defec- tive work not remedied, or (c) To protect the Town from loss due to injury to persons or damage to the work or property of other contractors or subcontractors or others, caused by tte act or neglect of the Contractor or any of his subcontractors . The Town shall have the right, as agent for the Contractor, to apply any such amounts so withheld in such manner as the Town may deem proper to satisfy such claims or to secure such protection. Such application of such money shall be deemed payments for the account of the Contractor. C-21 HOIZMACHER, McLENDON 6 MURRELL. P.C. / H2M CORP. CONSULTING EHOINEERA AND ENVIRONMENTAL SGCNTIfT! CONTRACT - CONT' D. 33. TNIs TOWN 'S RTGHT TO STOP WORK OR TERMINATE CONTRACT: Ir, (a) The Contractor shall. be adjudged bankrupt or make an assignment for the benefit of creditors , or (b) A receiver or liquidator shall be appointed for the Contractor for any of his property and shall not be dismissed within 20 days after such appointment , or the proceedings in connection therewith shall not be stayed on appeal within the said 20 days , or (c) The Contractor shall refuse or fail , after notice or warning from the Engineer, to supply enough properly skilled workmen or proper materials, or (d) The Contractor shall refuse or fail to prosecute the work or any part thereof with such diligence as will insure its completion within the period herein specified (or any duly authorized extension thereof) or shall fail to complete the work within said period , or (e) The Contractor shall. fail to make prompt payment 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 provision of this Contract, then, and in any such event , the Town, without prejudice to any other rights or remedy it may have , may by seven (7) days notice to the Contractor, terminate the employ- ment of the Contractor and'.his rights to proceed either as to the entire work or (at the option of the Town) 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 Town may deem expedient . In such case, the Contractor shall 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. C-22 nv►aw�n�,rtcn, rACLLnL%M a MUNKLAA, r.V. / ntM Lwmr. CON3UITINO ENGINEERS AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT' D. If such expense shall exceed the unpaid balance, the Contractor and his sureties shall be liable to the Town for such excess . If the right of the Contractor to proceed with the work is so terminated, the Town 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 Town does not so terminate the right of the Contractor to proceed, the Contractor shall continue the work. 34. CONTRACTOR' S RIGHT TO STOP WORK OR TERMINATE CONTRACT If the work shall be stopped by order of the Court or any other public authority, for a period of three months without act or fault of the Contractor or of any of his agents , servants , em- ployees or subcontractors , the Contractor : may, upon ten (10) days notice to the Town, discontinue his performance of the work and/or terminate the Contract , in which event the liability of the Town to the Contractor shall be determined as provided in the paragraphs immediately preceding, except that the Contractor shall not be obligated to pay to the Town any excess of the expense of completing the work over the unpaid balance of the compensation to be paid to the Contractor hereunder. J 35. RESPONSIBILITY OF WORK The Contractor agrees' to be responsible for the entire work embraced in this Contract until its completion and final acceptance, and that any unfaithful or imperfect work that may become damaged from any cause, either by act of commission or omission to properly guard and protect the work that may be dis- covered at any time before. the completion and acceptance shall be removed and replaced by good and satisfactory work without any charge to the Town 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 of any work by the Engineer at or before the time of a partial payment -or other estimate shall not be construed to be an acceptance of any defective work. C-23 HOLZMACHER. MCLENDON 6 MURRELL, P.C. / H2M CORP. CON3ULTINO ENGINEERS ANO ENVIRONMENTAL SCIENTIST! CONTRACT - COW 1 t). a 36. USES OF PREMISES AND REMOVAL OF DEBRIS The Contractor expressly undertakes at his own expense: (a) to take every precaution against injury to persons or damages to property ; (b) to store his apparatus , materials , supplies and equip- ment 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 ; or other contractors ; (c) to place upon any of the completed work only such super- imposed loads as are consistent with the safety of that portion of the work; (d) 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 and orderly and workmanlike appearance ; (e) before final certificate, to remove all surplus material, temporary structures , plants of any description and debris of any and every nature resulting from his operations and to put the site in a neat and orderly condition . 37POWER OF THE CONTRACTOR TO ACT IN AN EMERGENCY In case of an emergency which. threatens loss or injury to property and/or safety to life, the Contractor will be permitted to act as he sees fit without previous instructions from the En- gineer. He shall notify the Engineer thereof immediately there- after 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 in- structed 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. HULLMAL;HtN, MCLLNUCNV d MUNN[L" rX. / HLM tAMI-. CON3ULTINa ENa1NuR! AND ENVIRONMENTAL SCIENTIM CONTRAcr - CONT" 1). 38. SUITS AT LAW The Contractor shall indemnify and save Harmless the Town from and against all suits , claims- , demands or actions for any injury sustained or alleged to be sustained by any party or parties in connection with the construction of the work or any part thereof, or any commission or omission of the Contractor , his employees or agents or any subcontractors and in case any such action shall be brought against the Town, the Contractor shall immediately take care of and defend the same at his own cost and expense. 39. 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 be read and 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 forthwith be physically amended to make such insertion. 40. 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 obtain- ing the written consent of the Town. This Contract shall endure to the benefit of and shall be binding upon the parties hereunder and upon their respective successors and assigns, but neither party shall assign or transfer his interest herein in whole or in part without consent of the other. 41. WAIVER OF IMMUNITY If any person, corporation, or body contracting with the Town, who when called before a grand jury , head of a city department , or other agency, which is empowered to compel the attendance of wit- ness and examine them under oath, to testify in an investigation concerning any transaction or contract had with the state, any polit- ical subdivision thereof, a public authority or with any public • department , agency or official of the state or of any political sub- division thereof or of a public authority, refuses to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant question concerning such transaction or contract , then C-25 CON3ULTINO INGINEERA AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT" 1). r (a) such person, and any firm, partnership or corporation of f which he is a member, partner, director or officer shall be disqual- ified from thereafter selling to or submitting bids to or receiving awards from or entering into any contracts with any municipal corp- oration or fire district , or any public department , agency or official thereof, for goods , work or services , for a period of five years after such refusal (b) any and all contracts made with the Town or any agency or official thereof, 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 Town 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. � r C-26 HUL1MA(;HLH. MCLLNOUM & MUNNLLL, r.L:. / HtM wnr. CONSULTING MGINEERA AND ENVIRONMCHTAL SCICNTISTS CONTRACT - CONT' D. IN WITNESS WHEREOF, the parties hereto have set their hands an seals the day and year first above written. TOWN OF SOUTHOLD BY. (TOWN SEAL) William R. Pell III , Supervisor (SEAL) Contractor BY : TITLE : STATE OF NEW YORK ) ) ss : COUNTY OF SUFFOLK ) On the_ day of_ 19__, before me personally came William R. Pell III , to me known, who being by me duly sworn, did yY depose and say that he is the duly elected Supervisor of the Town of Southold, County of Suffolk , New York , and that at a meeting of the uthold, duly held on the day of Town Board of the Town of So 19 ,' the said Board, authorized the said Super- visor to execute all and any contracts on behalf of the Board; that he knows the seal of the said Town, that the Seal affixed to the foregoing instrument is its corporate seal ; that it was affixed thereto by order of the said Board , and that he signed his name thereto and executed the said instrument on behalf of the said Town by like order and authority . • NOTARY PUBLIC C-27 •.•nsw•..•.r.u.. nwwwr• u .wvnr•►..►. . .... r..... w.0 . CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTIST) CONTRACT - CONT' D_ ACKNOWLEDGMENT OF CONTRACTOR, IF A CORPORATION v STATE OF NEW YORK) ) SS: COUNTY OF ) On this day of 19 before me personally came and appeared to me known, who by me being duly sworn, did depose and say that he resides at that he is the of the Corporation described in and which executed the foregoing in- strument , that. he knows the seal of said corporation, that one of the seals affixed to said instrument is such seal , that it was so affixed by order of the Directors of said corporation, and that he signed his name thereto by like order. y. NOTARY PUBLIC ACKNOWLEDGMENT OF CONTRACTOR IF A PARTNERSHIP STATE OF NEW YORK) SS: COUNTY OF ) On this day of 19 before me personally came and appeared to me known, and known to me to be one of the members of the firm of , described in and who executed the foregoing instrument , and lie acknowledged to me that he ex- ecuted the same as and for the act and deed of said form. NOTARY PUBLIC C-28 i r U24AHOLZMACHER,McLENDON andMURRELL,P.C. Consulting Engineers. Environmental Scientists and Planners Melville.N.Y. Farmingdale,N.Y. Filverhead.N.Y: TOWN OF SOUTHOLD SUFFOLK COUNTY NEW YORK CONTRACT AND SPECIFICATIONS FOR RESURFACING OF SOUND AVENUE AT I _ THE WESTERN TOWN LIMIT PROJECT NO. SOHT 81-01 TOWN BOARD Supervisor William R. Pell III Councilmen Larry W. Murdock John J. Nickles Francis T. Murphy Joseph L. Townsend, Jr. Justice Raymond W. Edwards, Jr. SUPT. OF HIGHWAYS TOWN CLERK Raymond C. Dean Judith T. Terry SEPTEMBER 1982 HOLZMACHER,McLENDONand MURRELL,P.C. Consulting Engineers. Environmental Scientists and Planners U2jk#AMelv111e.N.Y. Farmingdale.N.Y. Rverhead.N.Y. HOLZMACHER, McLENDON&MURRELL.P.C. UZ/K CONSULTINGENOINEEM.ENVIRONMENTALSCIENTISTS--PLANNERS ADDENDUM NO. 1 SOHT 81-01 TOWN OF SOUTHOLD RESURFACING OF SOUND AVENUE AT WESTERN TOWN LIMIT September 23 , 1982 The following changes have been made to the contract drawings: SHEET 20F3 At station 2+00 , proposed grade at southern edge of Sound Avenue is shown as (51. 02) . Delete 51. 02 and replace with 57. 02. SHEET 20F3 At station 6+00 , existing grade at northern edge of Sound Avenue is shown as (57. 30) . Delete 57. 30 and replace with 56. 89. A-1 (10F1) HOLZMACHER, MCLENDON d MURRELL,P.C. WNWITMq ENOMI[!M.lMVNgNYENTK lCIENTq{i1.nO KANNEM INDEX TOWN OF SOUTHOLD M RESURFACING OF SOUND AVENUE AT THE WESTERN TOWN LIMIT PROJECT NO. SOHT 81-01 PAGE NO. INDEX I - 1 page NOTICE TO BIDDERS NB - 1 page INFORMATION FOR BIDDERS IB - 12 pages PROPOSAL P-A through P-D GENERAL CONDITIONS GC - 6 pages ITEM SECTION PAGE NO. NO. SECTION CODE NO. -- 0 General Specifications GS (11 pages) 1 5 5 Pavement Restoration & Replacement PRR (4 pages) 12 10 10 Maintenance & Protection of Traffic MPT (6 pages) 16 11 11 Tack Coat TC (2 pages) 22 12 12 Thermoplastic Pavement PM (5 pages) 24 Markings 14 14 Additional Excavation & Backfill AE&B (3 pages) 29 51 TL 51 TL Asphalt Concrete Truing & Leveling ACTL (1 page) 32 51 FZ 51 FZ Asphalt Concrete Type 1A (Top Course) ACTC (1 page) 33 I.NOEMNI.TY, LIMITATION OF LIABILITY ILL - (1 page) -- CONTRACT C - (28 pages) -- I-1 HOLZMACHER, MCLENDON&MURRELL,P.C. ppMN1lTIN0 ENOINlEM.ENYNgNMEN►K EpEMMTE M R/1N11E11E NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN that SEALED BIDS will be received by the Town Clerk of the Town of Southold at the Town Hall, Main Road, Southold, New York, until 11:00 A.M . , prevailing time, on Thursday, September 30, 1982 at which time and place they will be publicly opened and read for the following contract: RESURFACING OF SOUND AVENUE AT THE WESTERN TOWN LIMIT Plans .and specifications may be obtained at the Town Hall and offices of the Consulting Engineers, HOLZMACHER, McLENDON & MURRELL, P.C. 209 West Main Street, Riverhead, New York, 11901, and Suite 140, 125 Baylis Road, Melville, New York, 11747, upon-, deposit of twenty-five ($25.00) for each set furnished. Deposits will be refunded to bidders who return the plans and spec- ifications within ten (10) days in good condition; other deposits will either be partially or not refunded if the Specifications have not been returned in good condition within thirty (30) days after bids have been opened. Each Proposal must be accompanied by a certified check or bid bond in the amount of five percent (5%) of the total bid, made payable to William R. Pell, III, Supervisor, Town of Southold, as set forth in the Information to Bidders. The Town reserves the right to reject any or all bids, to waive any informalities and to accept such alternate bid which, in the opinion of the Town Board, will be in the best interests of the Town. BY ORDER OF THE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK JUDITH T. TERRY, TOWN CLERK TOWN OF SOUTHOLD SOUTHOLD, NEW YORK 11971 DATED: SEPTEMBER 7 ► 1982 NB-1 �- HOLZMACHER, McLENDON&MURRELL,P.C. CONGMTWG ENOINEEI%.5WWA NMENTAL ECIENTOM Md ftANNENE INFORMATION FOR BIDDERS BIDS FOR PROJECT The Town of Southold will receive SEALED PROPOSALS for Resurfacing of Sound Avenue at the Western Town Limit. TIME AND PLACE OF BID Bids are to be submitted in opaque envelopes and will be received by the Town of Southold at the Town Hall, Main Road, Southold, New York, not later than 11: 00 A.M. , Prevailing Time, Thursday, September 30, 1982 , at which time and place they will be publicly opened and read aloud. Use of the mails shall be at the Bidder' s own risk, and the Bidder shall be responsible for physical delivery of the Bid at the time and place set for opening of Bids. BID ENVELOPE All proposals and either the certified check or bid bond must be placed in a sealed envelope bearing the Bidder' s firm name and address marked, "Project No. SOHT 81-01, Proposal for Resurfacing Sound Avenue at The Western Town Limit, Town of Southold, Suffolk County, New York" , but otherwise unmarked. If mailed, this envelope shall be placed in another envelope addressed to Town Clerk Judith T. Terry, Town of Southold, Town Hall, Main Road, Southold, New York 11971. Use of the mails is at the Bidder' s risk. IB-1 ►ttx MA4.;Mt t, Mct.tntxxt d Munn,,-- r.t. / r%Am w..r. COHSULTIHO QIOIN[LA• AND LNVINONMCHTAL 6CIt?ITII73 INFORMATION FOR IITDDERS (CONT'D. ) SPECIFICATION DEPOSITS (a) Deposits for specifications will be completely refunded to Bidders who return same in good condition within ten (10) days after r.--ceipt of bids. Bidders will receive one-half of the deposit amount fur specf.ications returned after ten (10) days and before thirty (30) days following the bid date. (b) Deposits for specifications will be completely refunded to non-bidders who return same in good condition within 48 hours of receipt of said specifications. Non-bidders will receive one-half the deposit amount for specifications returned in good condition date withinten will be0) days refundedotoowing the non-biddersdafter•teno(10)deposit daysfor followinglthe tions bid date. IB-2 MHOLZMACHER, MCLENDON 3 MURRELL,P.C. OOWMT#4 fwSOMA&EMVOWWAWAL$C*WNU rN PLAWAM INFORMATION FOR BIDDERS (CONT' D. ) SPECIFICATIONS Complete sets. of specifications for the inspection of prospective bidders will be found on file with the Town Clerk, Town of Southold, Town Hall, Main Road, Southold, New York, and at the office of Holzmacher, McLendon & Murrell, P.C. Consulting Engineers, 209 West Main Street, Riverhead, New York, or Suite 140, 125 Baylis Road, Melville, New York. All contractors must leave their names, phone numbers and correct mailing addresses upon receipt of the specifications. VERBAL ANSWERS The Town, its .agents, servants-'or employees, or the Engineer, will not be responsible in any manner for verbal answers to any in- quiries regarding the meaning of the contract specifications given prior to the awarding of the contract. EXAMINATION OF SITE Bidders must satisfy themselves by personal examination of the location of the proposed work and of the actual conditions and require- ments of the work, and shall not, at any time after the submission of a proposal, dispute or complain of' such estimate or assert there was any misunderstanding in regard to the scope of work. The Contractor shall inspect the site and existing conditions be- fore submitting his bid. PROPOSAL The Form of Proposal contained herein shall be used in making out bids. Any proposal not in accordance with these instructions, or con- taining bids not asked .for, may be rejected. On those items in this contract for which there is a stated maximum and/or minimum allowable bid price, each bidder shall be responsible 117 for making sure that his bid falls within the stated limits. When the 2 price bid is lower than the minimum allowed, the bid price will be ad- justed upward to the minimum allowable price and when the price bid is higher than the maximum allowed, the bid price will be adjusted downward to the maximum allowable price. SOHT IB-3 HOLZMACHER. MCLENDON & MURRELL* P.C. / H214 CORP. CONlULTINO U40INELAS AND [NVIRONM04TAL OCI[NT111" l N l:()IMAT I t)N FOR 111 111)I:ItS (CONT ' 11. .1 As the est im:.►tes �f eluant i t ies of i torus stated in the 11rc111usaI are a11p rox i n1a t c un 1 y , 1► itILle rs a r•e rc(lu i red to) sul>11I i t t hip i r 1�r1,llus;► L upon and ill tile 1'01 1 owi.lig express Gond i t i arts , which shall .11)111 )• and hcco11le a {)art Of evc r), propusa 1 rcce i ved . Each hidder shall Ci 11 out , in ink , in I,otll word~ and figures , in the simces provided , his unit or lump sum hi.l , as the Case 111.1), he , fur each item in said Dorm of 1'roposa1 for wlliih he is suhill itti 11g .1 bid . No bid will be considered which docs nett include bids for all T t ims inc:-hi'o ,1os:► 1� inclu�ltn tei1me oC-c:onllileCton . If the bid is not accepted by the, Town within forty-five (•151 days aftcr the t'eceipt of hits , tl►e of l igat ion f othe bidder under• this p1'opc�sal may terminate at I1i.s ()Ii and he shall there- 111)o1► he entitled to a refund of his cert. ificd check or release of his bid bond furnisl►cd by Ili"' as security with 1► is proposal . 111 1) BOND lilt (:lilt'f I I:I I:I) CIII CK �Ii. ch proposal .from a contractor ,hall be accuill pa11icd I,,v :1 hid bond or certified cheek cin a, solvent hunk of the State of New York , in the amount of Live percept ( S1 ) of the total hid . Such check shall be male llay:tble to William R. Pell III , Supervisor, Town of Southold, New York , and the amount thereof shall be the measure of liquidated damages which the 'fawn will sustain by the failure , neglect or refusal. of the bidder to execute aitd deliver the contract , should the contract be awarded to hint. The checks Of all unsuccessful bidders will be turned upon the. rejection of bids and the execution of the contract re rethe parties ; alio, the check of the successful bidder will he by returned upon tile execution of the contract and the furnishing Of the requ i reel bond . NAPIIi OF BIDDER Each bidder must state .in his proposal , his full na11tc and busi - ness uildress , and the full name of every person , firm or corporation interested in the same , arid the address of every person or firm or • president and secretary of every corporation interested with him. If 111-1 t�lA•LMnW1Cn. V"LL"L^AV a Munn- r.'. / 81a••, ......r. CONSULTiNQ CNOINELAS AND ENvuONMEWAI OCOU"' T1 TNFORMAT ION FOR BIDDER (CONT' ' I). ) no other person be so interested , lie must distinctly state that fact , also that his proposal is made without any connection directly or in- directly with any other bidder for the work particularly mentioned in his proposal ; tIla t it is in all respects without fraud o CoIIu:: ion, ` and that no person acting for or employed by the Town is directly or indirectly interested therein, or in the supplies of work to which it relates , or in any portion of the prospective profits thereof. QUALTFTCATIONS OF BIDDERS (l) The Town reserves the right to waive any informalities in, or reject any and all bids . The Town reserves the right to re- ject any and all bids which do not conform to the proposals , or upon which the bidders do not comply with the requirements of the Town as to their qualifications . (2) All bidders must prove to the satisfaction of the Town that they are reputable , reliable and responsible , and that they pos- sess the necessary qualifications to successfully deliver the proposed equipment , and that they have performed and completed successfully similar work to an extent which , in the opinion of the Town , will qualify them by experience to perform the work which is proposed. (3) In determining the qualifications of a bidder, the Town will consider his record in the performance of any contracts entered into by hill, for the work contemplated or of similar nature,may make such investigation as it deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the Town all such information and data for this purpose as the Town may request. (4) The Town shall be the sole judge of the qualifications of the bidders and of the merits thereof and reserves the right to reject any bid if the record of the bidder in the performance of contracts , payment of bills and meeting of obligations to subcontractors , material - men or employees is not satisfactory to the Town , or if the evidence submitted by or the investigation of such bidders fails to satisfy the Town that h-e is properly quaiified to carry out the obligations of the contract and to complete the work contemplated therein. GUARANTEE BOND The successful bidder shall be required to furnish at. the execu- tion of the contract an executed bond of a surety company authorized 113- 5 HOLZMACHEN. MCLENOON d MURMLLL. r.k:. / "dM wnr. CONSUMNO ENGIMELF11 AND CMvjA0NM[?ITAL WENT111111 INFORMATION FOR R[ Illll:It (CON'T . I)) to do business in the State of New York and approved by tile ,►iiOMI 0 kill ill ot an amount equal to one hundred percent ( 1011'6) ut t1)c total the contract , guaranteeing to the Town the faithful perl:e►rmance of the contract , and payu►ent of all claims for nlatcl-ials , 1-11)01* link' wages in connection therewith . S I GNA'1'URI: OF CONTRACTOR The bidder to whom a contract may be awarded shall attend at the office of the Town, with the sureties offered 1)y him, within ten (10) days , Sunday excepted , after the date of notification 1)y u►ailjo€ the acceptance of his proposal. , and there sign the contract in qua.drunli Cate for the work. In case of failure to do so , the bidder shall be considered as having abandoned the same , and the check accompanying; his proposal shall be forfeited to the 'rown , or the penalty of tl►e bid bond shall be invoked. - CONTRACTOR'S INSURANCE ` The contractor shall not commence any work Until he has obtained and had approved by the 'rown all of the insur-1nc:e specified and required in tl►e contract. WAIVER OF II-IMIINITY Attention of the bidder is hereby directed to the requirements of the General Municipal LAW of the State of New York and in particular to Section 103-a of the General Municipal Law regarding "1Vaiver of Immunity" , as indicated on Page C-8 of the contract. RESPONSIBILITY FOR BIDDER Of Attention is hereby particularly Jirected'tonSlil�lle► for yany sloss the contract wi►ereby the contractor will be, ie.. { or damage that may happen to Ole material or any part thereof during its delivery ; and also whereby the contractor sliall make good any _ defects or faults due to materials or workmansl►ip within twelve (12) months after its delivery, placement , and acceptance. 111-G CON3ULTIM0 U401HELAG AND ENVIRONMWTAL SCIQITIM INFORMATION FOR BIDDERS (CONT'D. ) • In order to secure the performance of the covenant of the con- tractor, the Town shall retain the Guarantee Bond during the period of one (1) year from the date of the Engineer' s final certificate. Work is required to be completed to the satisfaction of the Engineer and in :substantial accordance with the specifications hereunto annexed. TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK III-7 State of New York v Bureau of Public Work Department of Labor .A State Office Building Campus Albany, N.Y. 12240 Labor * r{ezci�.. -d CONTRACT REQUIREMENTS Each public work contract to which the State,a public benefit corporation,a municipal corporation or a commission is a party and which may involve the employment of laborers,workmen or mechanics,shall comply with the requirements of Article 8 of the New York State Labor Law: 1. No laborer, workman or mechanic in the employ of the contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by the contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week except in the extraordinary emergencies set forth in the Labor Law or where a dispensation is granted by the Industrial Commissioner. (See Section 220.2) 2. Each laborer,workman or mechanic employed by the contractor or subcontractor shall be paid not less than the prevailing rate of wages at the time the work is performed,and shall be paid or provided not less than the prevailing supplements at the time the work is'performed, as determined by the fiscal officer. If the prevailing rate of wages or the prevailing supplements change after the prevailing rate schedule is issued,each workman,laborer or mechanic shall be paid or provided not less than the new rates. (See Section 220.3) 3. The contractor and every subcontractor shall post in a prominent and accessible place at the work site a statement of the current wage rates and supplements specified by the contract for the various classes of mechanics,workmen or laborers. (See Section 220.3-a) 4. Apprentices must be registered,individually,under a bona fide program registered with the New York State Department of Labor. The allowable ratio of apprentices to journeymen in any craft classifica- tion shall not be greater than the ratio permitted to the contractor as to his work force on any job under the registered program. Any employee who is not registered as above, shall be paid the pre- vailing wage rate for the classification of work he actually performed. The contractor or subcontrac- tor will be required to furnish written evidence of the registration of his program and apprentices as well as of the appropriate ratios and wage rates for the area of construction, prior to using any apprentices on the contract work. (See Section 220.3-e) 5. (a) No contractor, subcontractor, nor any person acting on his behalf,shall by reason of race,creed, color, sex or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates.(See Section 220-e (a) ) (b) No contractor, subcontractor, nor any person acting on his behalf shall,in any manner,discrimi- nate against or intimidate any employee on account of race,creed,color,sex or national origin. (See Section 220-e (b) ) NOTE: The Human Rights Law also prohibits discrimination in employment because of age,disability or marital status. (c) There may be deducted from the amount payable to the contractor under the contract a penalty of five dollars for each calendar day during which such person was discriminated against or intim- idated in violation of the provisions of the contract. (See Section 220-e(c) ) (d) The contract may be cancelled or terminated by the State or municipality,and all moneys due or to become due thereunder may be forfeited, for a second or any subsequent violation of the terms or condition of the anti-discrimination sections of the contract. (See Section 220-e (d) ) (e) These provisions shall be limited to operations performed within the State of New York. (See Section 220-e(e) ) PW-3(5.80) IB-8 STATE OF NEW YORK DEPARTMENT OF LABOR BUREAU OF PUBLIC WORK STATE OFFICE BUILDING CAMPUS ALBANY, N. Y. 12240 Schedule Type-HVY / HWY 33 Date 07/08/81 Refer to: PREVAILING RATE CASE NO. T/O Southold PRC 8102905 NAS/SUF 01 to: William H. Spitz Location and Type of Project Holzmacher. McLendon & Murrell Resurfacing of Sound Ave. 125 Baylis Road SOHT 81-01, T/O Southold Milville, NY Laurel , NY 11747 Suffolk County In response to your request, enclosed are schedules of the prevailing hourly wage rates and the prevailing hourly supplements for the above project, together with copies of the Notice of Contract Let CPW-16) for your use. The schedules must be annexed to and form a part of the specifications for this project when it is advertised for bids. These schedules have been prepared and forwarded in accordance with Section 220 of the Labor Law, which provides that it shall be the duty of the fiscal officer to ascertain and determine the schedules of supplements to be provided and wages to be paid to workers, laborers and mechanics employed on public work projects, and to file such schedules with the department having jurisdiction. These wage rates and supplemental benefits are subject to change, and you will be periodically notified of such changes. The wage rates .and supplemental benefits to be paid and provided must be those prevailing at the time the work Is being performed. Supplemental Benefits Legend used in the "other supplements" column of the Prevailing Rate Schedule: A. Health & Welfare ( includes hospital C. Supp. Unemployment Benefits I. Annuity Fund surgical or medical insurance or D. Scholarship Fund J. Benefit Fund benefits, life insurance or death E. Paid Holidays K. Security Savings benefits, accidental death or dis- F. Education Fund memberment insurance). G. Vacation L. Holiday Pay B. -Pensi On H. Apprenti ce Trai hi ng M. Other Very truly yours, Nicholas Valentine, Jr. DIRECTOR WHEN ANY PROJECT IS COMPLETED OR CANCELLED, NOTIFY THE NEAREST DISTRICT OFFICE OF THE BUREAU OF PUBLIC WORK. (see addresses below) State Office Bldg. Campus, Albany N. Y. 12240 65 Court St— Buffalo N. Y. 14202 15S Main Street West. Rochester N. Y. 14614 44 Hawley St. . Binghamton N. Y. 13901 17S Fulton Ave— Hempstead N. Y. 1155O 333 East Washington St. , Syracuse N. Y. 13202 207 Genesee St. , Utica N. Y. 13501 30 Glenn St— White White Plains N. Y. 10603 PW-200 (6-79) IB-9 PREVAILING RATE SCHEDULE Sta-te of New York Case Number Bureau of Public Work Department of Labor 8102905 NASSAU AND SUFFOLK COUNTIES Prev- SUPPLEMENTAL BENEFIT PAYMENTS ailing OCCUPATIONS wage health basic and pen- suppl . other supplements hourly welfare Sion unemp. rate CA) (B) (C) (D) through (M) CORE DRILLER • Core Dri l ler 10. 605 1. 00 . 74 G-. 19 '• Helper 9. 24S 1. 00 . 74 G- 19 ELECTRICIAN Electrician 15. 10 7'/.+. 35 5 1/2'/. . 2S G&L- 8 1/2%, H-5/8'/., I-9%, J-3% •• Appr. 1st term 6. 04 7%+. 3S 5 1/2% . 25 G&L- 8 1/2%, H-S/8%. I-9%, J-3% IRONWORKER Ironworker-Structural 12. 9S 1. 86 2. 30 G-1. 85, H-. 11, I-2. 15 •• Appr. 1st term 7. 28 1. 86 2. 30 G-1. 85, H-. 11, I-2. 15 Rei nforci ng-(Lather) 13. 54 1. 325 985 D-. 02, G-. 75, H-. 01, I-1. 10 •' Appr. 1st Term 3. 8S 1. 32S 985 D-. 02, H-. O1 Ironworker-Ornamental 12. 62 1. 21 1. 55 G-1. 00, H-. 10, I-2. 00 -Chain Link 12. 62 1. 21 1. 55 G-l. 00, H-. 10, I-2. 00 Fence "Appr. 1st term 7. 57 1. 21 1. 55 G-1. 00, H-. 10, I-2. 00 MASON Bricklayer 12. 49 1. 33 1.`93 H-. 03, I-2. O5 •' Appr. 1st term 6. 2s 1. 33 1. 93 H-. 03, I-. 50 PAINTER Painter-Brush 10. 92 1. 04 1. 04 G- 33, 1- 71 Scaffold/Spray 13. 26 1. 26 1. 26 G-. 405, I-. 71 Appr. 1st term 6. 55 . 62 . 62 G-. 20, I-. 25 Nassau Co. CN of L. I. E. to Pt. Wash BI vd. , S. of Sunri se Hwy. E. to Long Beach Rd. ) ------------------------------ Pai nter-Brush 10. 82 1. 29 2. 30 G-. 70, H-. 05 •• Appr. 1st term 5. 41 1. 29 1. 15 G-. 35, H-. 05 • Scaffold/Spray 12. 37 1. 29 2. 30 G-. 70, H- 05 Nassau Co. Remainder of County ------------------------------ Pai nter-Steel 14. 28 1. 86 2. 00 H- 07 Power Tool , Spray 15. 28 1. 99 2. 14 H-. 08 Sandblaster(steel ) 15. 28 1. 99 2. 14 H-. 08 •• Appr. 1st term 7. 00 . 91 . 98 H-. 035 Nassau Co. -Entire County .............................. Painter Brush 12. 39 3. 22 1. 00 G-. SO, H-. 21 '• Stee1 /Bridge 15. 30 3. 22 1. 00 G-. 50, H-. 21 Spray 13. 88 3. 22 1. 00 G-. 50, H-. 21 Appr. 1st term 6. 42 1. 97 1. 00 G-. 25, H-. 21 Suffolk Co. PLUMBER Plumber 13. 6S 1. 00 2. 0S G-1. 30, H-. 37, I-. 57 •• Appr. 1st term 5. 46 . 60 1. 31 G-. 70, H-. 24, I-. 29 Suffolk Co. ------------------------------ Plumber ----------------------------- PIumber 12. 7S 1. 10 1. 54 G-1- 10, H-. 2S '• Appr. 1st term 5. 10 . 44 . 616 G-. 44, H-. 10 Nassau Co. TEAMSTER Truck Driver Excavation 10. 12S 1. 612S 2. 852S 1- 40 •' Euclid 10. 525 1. 612S 2. 8S25 1- 40 •• Other 9. 32S 1. 612S 2. 50 WELDER Welder To be paid the rate of the mechanic performing the work OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY and BUILDING SCHEDULES Pri nt 33 IB-10 PREVAILING RATE SCHEDULE State of New Vork Case Number Bureau of Department of Labor Public Work 8102905 NASSAU AND SUFFOLK COUNTIES Prev- SUPPLEMENTAL BENEFIT PAYMENTS ailing OCCUPATIONS wage health basic and pen- suppl . other supplements hourly welfare sion unemp. rate (A) CB) CC) CD) through (M) • CARPENTER Carpenter (H/H) 13. 3S 1. 85 1. 03 G-. 95, H-. O5, I-. 75 Helper 11. 15 1. 85 1. 03 G-. 9S, H-. O5, I-. 7S Appr. 1st term 7. 34 1. 85 1. 03 G-. 95, H-. O5, I-. 7S Nassau Co. CSouth of So. State Pkwy. 8 West of Seaford Creek) ------------------------------ Carpenter CH/H) 13. 40 1. 50 1. 49 G-. 95, H-. 06 Appr. 1st term 6. 70 1. 50 1. 49 G-. 9S. H-. 06 Nassau Co. Remainder of County --- ---- CarpenterCH/H) 13. 45 1. 33 1. 71 G-. 90, H-. 06 Appr. 1st term 6. 70 1. 33 1. 71 G-. 90. H-. 06 Suffolk Co. ------------------------------ Pi ledri ver/Dockbui Ider 13. 2S 1. 8s 1. 03 G-1. 01. H-. O5, I-. 75 Appr. 1st term 7. 34 1. 85 1. 03 G-1. O1, H-. O5, I-. 75 ------------------------------ T i mberman 12. 31 1. 85 1- 03 G-. 95, H-. O5, I-. 75 Helper 10. 80 1. 8s 1: 03 G-. 95, H-. as, I-. 75 ELECTRICIAN-HIGHWAY MAINTENANCE Applicable on traffic signals and street lighting only. Mai nt. Electrician 12. 30 8% 4 1/2'/. G 8 L-6 1/2%, 1-7% H-5/8'/.. J-3% Appr. 1st term 4. S7 8% 4 1/2'/. G a L-6 1/2%, 1-7% H-5/8'/•, J-3% LABORER(HVY/HWY) Laborer (H/H) Basi c, Concrete, Jackhammer 8. 9D 10 % 13 % G-. 75 Pipelayer. Land- Scape, Trackman 8. 90 10 Y. 13 % G-. 7S Power Tool 8. 90 10 % 13 V. G-. 7S Asphalt Raker, Form Setter 9. 50 10 % 13 '/. G-. 7S Asphalt Shoveler and Tamper 9. 30 10 % 13 V. G-. 75 MASON Cement Finisher 12. 60 2. 19 2. 02 H_ 01 Appr. 1st term 6. 30 2. 19 2. 02 H- 131 SIGN ERECTOR Sign Erector 11. 70 82 1. 11 H- 02, 1- 43 M-Emp S. S. STRIPER Striping Mach. Oper 9. 90 . 59 . 70 G-7% Li merman 10. 40 62 72 G-7'/. TREE TRIMMING Tree Trimmer 8. 43 . 34 . 25 1st 6mo 5. 51 . 34 . 2S Groundman, Dri ver 1st 6mo 6. 07 . 34 . 2S Driver 2nd 6mo 6. 36 . 34 . 2S Driver after 1 yr. 6. 95 . 34 . 25 TREE REMOVAL & LANDSCAPING Landscape Laborer 8. 90 10'/. 13% G-. 75 Mulching Machine Oper. 11. 99S 9% of 2. 25 G-1. 00. H-. 15. M-. 10 rate+vac. Stump Chipper Mach. 10. 97 9% of 2. 2S G-1. 00, H-. 15. M-. 10 rate+vac. Truck Driver- 9. 325 1. 612S 2. S0 WELL DRILLER We 1 1 Dri I 1 er 10. SS 8'/• 2. 2S G-. 40 Helper 8. 55 8% 2. 25 G- 40 OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY SCHEDULES Print 33 IB-11 PREVAILING RATE SCHEDULE State of New York Case Number Bureau of Department of Labor 8102905 Public Work NASSAU AND SUFFOLK COUNTIES Prev- SUPPLEMENTAL BENEFIT PAYMENTS ai I i ng OCCUPATIONS wage health basic and pen- suppl . other supplements hourly welfare sloe unemp. rate (A) (B) (C) (D) through (M) SURVEY CREW (IAIGHWAY & HEAVY) Party Chief 12. 16 . 90 . 70 F-. O5. G-. 70. I-1. 50 Instrument Man 10. 21 . 90 . 70 F-. 05, G_ 70, 5. G-. 70. I-1. 50 Rodman/Chai nman 8. 91 . 90 . 70 F-. O5. G-. 70. I-1. 50 Survey Rates apply to those workmen employed on HIGHWAY and HEAVY contracts let on or after July 2. 1979 POWER EQUIPMENT OPERATOR (H/H) Asphalt Spreader 13. 18 9'/. of 2. 25 . 20 Backhoe 13. 55 hourly Boring Machine 13. 12 rate t Bulldozer 12. 37 vac. Compressor-Single 11. 995 Compressor-2 or more in battery 12. 60 Concrete Pump 12. 64 Concrete Spreader 13. 18 Concrete Breaker 11. 28 Conveyor 12. 37 Crane 13. 18 Location, Effective Date and Dragline 13. 55 Supplemental Benefit Payments Finishing Machine 12. 37 are the same for all Power Equipment Fireman 12. 37 Operators. Generator 12. 29 Grade-All Oper. 13. 55 Grader 12. 585 Front End Loader 12. 905 Mai nt. Eng. 12. 37 Mulching Machine 11. 99S Oi I er 10. 97 Pi ledri ver 13. SS Post Driver (Guard Rail ) 13. 12 Power Broom 11. 425 Pump (Under 4") 11. 995 Pump (Over 4") 12. 38 Ridge Cutter 11. 28 Roller - 5T & Under 12. 37 Roller - Over 5 Ton 12. 72 Scraper 12. 37 Shovel 13. 55 Stump Chipper 10. 97 Tractor-Caterpiller or Wheel 10. 755 Track Tamper 10. 97 Trenching Machin- 13. 39S OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY SCHEDULES Print 33 IB-12 HOIZMACHER, MCLENOON & MURRELL. P.C. ! H2M CORP. OONSULnND ENOINE A& ANO ENVIIIONMENTAL SOENTIM PROPOSAL - BIDDER'S DECLARATION TO THE TOWN BOARD of the TOWN OF SOUTHOLD, SUFFOLK COUNTY, STATE OF NEW YORK: BIDDER'S DECLARATION: The undersigned, as Bidder, declares that the only person or persons interested in this Bid or Proposal as principal or principals is or are named herein and that no other person than herein named has any interest in this Proposal or in the Contract proposed to be taken; ,that this Bid or Proposal is made without any connection with any other person or persons making a Bid or Proposal for the same purpose; the Bid or Proposal is in all respects without fraud or collusion, that he has examined the site of the work, the Form of Contract and Specifications, and the Drawings therein referred to, and has read the Notice to Bidders, Information for Bidders and General Conditions hereto attached and fully understands all the same; that he proposes and agrees, if this Proposal is accepted, that he will contract with the TOWN BOARD of the TOWN OF SOUTHOLD.. in the Form of Contract accompanying this Bid, to perform all the work required in accordance with the Plans and as mentioned in said Form of Contract, Specifications, Notice to Bidders, Information for Bidders and General Conditions, and he will accept in full payment, therefore, the following sums to wit: 7/79 P-A RT HOLZMACHER, MCLENDON 6 MURRELL.P.C. CONSULTMO IMM IN&ENYMONMENTM EGENTOTE.M/IANNEAE PROPOSAL (CONT'D. ) RESURFACING OF SOUND AVENUE TOWN OF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK PROJECT NO. SOHT 81-01 BID DATE: SEPTEMBER 30, 1982 ITEM 5A Remove temporary paving (by others) and replace with lh" binder course asphalt on 6" base course asphalt Approximately 210 square yards Price per SY . . . . . . . . . . . ($ ) Dollars TOTAL,, . . 1 . . . . . . . . . . . . . . . . . . . ($ ) Dollars ITEM 5A (ALT) ** Remove temporary paving (by others) and replace with lh" binder course asphalt on 6" base course asphalt Approximately 110 square yards Price per SY . . . . . . . . . . . ($ ) Dollars TOTAL . . . . . . . . . . . . . . . . . . . . . . Dollars } ITEM 5B Remove existing deteriorated pavement & replace with 1h" binder course asphalt on 6" base course asphalt Approximately 110 square yards Price per SY . . . . . . . . . . . . ($ ol ) Dlars TOTAL . . . . . . . . . . . 6 Dollars 2 * Optional item that may not be awarded by the Town. P-B 1 of 7 HOLZMACHER, MCLENDON&MURRELL,P.C. CONSATM10 g%g*MM.[AIVM WAWAL/gE1011ST{.M PLANtAft PROPOSAL (CONT`D. ) RESURFACING OF SOUND AVENUE TOWN OF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK PROJECT NO. SORT 81-01 BID DATE: SEPrEKM 30, 1982 ITEM 5B (ALT)** Remove existing deteriorated. pavement & replace with 1V binder course asphalt on. 6" base course asphalt Approximately 490 square yards Price per SX Dollars TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . Dollars ITEM 10 Maintenance and Protection of Traffic LUMP SUM . . . . . . . . . . . . . . . . . . . ($ ) Dollars (Lump sum bid, shall be greater than pr equa1 to $1000,) ITEM 10 (ALT) ** Maintenance and Protection of Traffic LUMPSUM . . . . . . . . . . . . . . . . . . . $ ) Dollars '6 (sump sum bid shall be greater than or equal to $500. ) 2 ** Optional item that may not be awarded by the Town. P-B 2 of 7 HOLZMACHER, MCLENDON&MURRELL,P.C. COM4KTM10 ENWNEl11t.tNYN1pN11tNT11l tC1ENTt{Tt.nO KANNE� PROPOSAL (CONT'D. ) RESURFACING OF SOUND AVENUE TOWN OF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK PROJECT NO. SOHT 81-01 BID DATE: SEPTIIBER 30, 1982 ITEM 11 Tack Coat Approximately 1300 gallons Price per GAL . . . . . . . . . . . . . . ($ ) Dollars TOTAL . . . . . . . . . . . . . . . . . . . . . Dollars ITEM 11 (ALT) ** • Tack Coat Approximately 700 gallons Price per GAL . . . . . . . . . . . . . . ($ ) Dollars TOTAL . . . . . . . . . . . . . . . . . . . . . Dollars ITEM 12 Four-inch (4") wide Thermoplastic Reflectorized Pavement Markings Approximately 8500 linear feet Price per LF . . . . . . . . . . . . ($ ) Dollars TOTAL' . . . . . . . . . . . . . . . . . . . . . Dollars *5 2 ** Optional item that may not be awarded by the Town.. P-B 3 of 7 HOLZMACHER, MOLENDON 3 MURRELL,P.C. coMewrxa c«owEts.EwvwioMrEMru�wrnn.wruw+cs PROPOSAL (CONT'D. ) R.ESURk'ACING. OF SOUND AVENUE TOWN OF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK PROJECT NO. SOHT 81-01 BID DATE: SEPTEM3ER 30, 1982 ITEM 12 (ALT) ** Four-inch (4") wide Thermoplastic Reflectorized. Pavement Markings Approximately 4500 linear feet Price per LF . . . . . . . . . . . . . . ($ ) Dollars TOTAL . . . . . . . . . . . . . . . . . . . . Dollars ITEM 14A* Additional Excavation Approximately 5 cubic yards Price per CY . . . . . . . . . . . . . . . ($ ) Dollars TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . ($ ) Dollars (Unit Price shall be greater than or equal to $2.00, but shall not exceed $10. 00) ITEM 14B* Additional Backfill Approximately 15 cubic yards Price per CY . . . . . . . . . . . . ($ ) Dollars TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . ($ ) Dollars (Unit Price shall be greater than or equal to $2 . 00, 6 but shall not exceed $10. 00) 2 * **Contingency Item Optional item. that may not be awarded by the Town. P-B 4 of 7 r HOLZMACHER, MCLENDON&MURRELL,P.C. GONWATWO ENONMEAM.EWWOWANTAK WRIOTMUS"PLAWAM PROPOSAL (CONT'D. ) RESURFACING OF SOUND AVENUE TOWN OF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK } PROJECT NO. SOHT 81-01 BID DATE: SEPTEMBER 30, 1982 ITEM 14C* Rock Excavation Approximately 5 cubic yards Price per CY . . . . . . . . . . . . . . . . . ($ ) Dollars TOTAL . . . . . . . . . . . . . . , . . . . . . ol Dlars (Unit Price shall be greater than or-equal of. $3. 00 , but shall not exceed $50. 00) ITEM 51 TL Furnish & Place Truing & Leveling Asphalt Concrete as per SCDPW Specifications Approximately 1100 tons Price per TON . . . . . . . . . . . . . . . ($ ) Dollars TOTAL . . . . . . . . . . . . . . . . . . . . . . Dollars ITEM 51 TL (ALT) ** Furnish & Place Truing & Leveling Asphalt Concrete as per SCDPW Specifications Approximately 800 tons Price per TON . . . . . . . . . . . . ($ ) Dollars TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . ($ ) 6 Dollars 2 Contingency Item ** Optional item that may not be awarded by the Town. P-B 5 of 7 ■ 1� HOLZMACHER, MCLENDON&MURRELL,P.G 6pN"TMq EMWNSEp&SMVWWWMMTAL WAMTOTS-ditANNEMS PROPOSAL (CONT-D. ) PA$URPACING OF SOUND AVENUE TOWN OF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK PROJECT NO. SOHT 81-01 BID DATE: SEER 30, 1982 ITEM 51 FZ Furnish & Place Wearing Course Asphalt Concrete for Resurfacing as per SCDPW Specifications Approximately 700 tons Price per TON . . . . . . . . . . D. ollars TOTAL . . . . . . . . . . . . . . . . . . . . . . . ($ ) Dollars ITEM! 51 FZ (ALT) ** Furnish & Place Wearing Course Asphalt Concrete for Resurfacing as per SCDPW Specifications Approximately 400 tons Price per TON . . . . . . . . . .. . . . . . . . ($ ) Dollars TOTAL . . . . . . . . . . . . . . . . . . . . . . Dollars 6 2 P-B 6 of 7 tf2" HOLZMACHER, McLENDON A MURRELL,P.0 C0NWLTvma gme NEIM.ENVMONMENTµ�CIENTMTt rN KANNEM PROPOSAL (CONT' D. ) RESURFACING OF SOUND AVENUE TOWN OF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK PROJECT NO. SORT 81-01 BID DATE: SEPTEMBER 30, 1982 TOTAL BASE BID (SUM OF ALL ITEMS EXCEPT 5A (ALT) , 5B (ALT) , 10 (ALT) , 11 (ALT) , 12 (ALT) , 51 TL (ALT) and 51 FZ (ALT) TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ($ ) Dollars TOTAL ALTERNATE BID (SUM OF ALL ITEMS) TOTAL . . . . . . . . . . . . . . . . . . . . . . ($ Dollars Bids shall be based on normal seasonal working conditions without frost in the ground. It is anticipated that the Notice to Proceed will be given in October. COMPLETION DATE SHALL BE 45 CALENDAR DAYS AFTER THE NOTICE OF AWARD. LIQUIDATED DAMAGES SHALL BE $250.00 PER DAY. THE COMPLETION DATE SMALL BE CONSIDERED AS THE DATE WHEN THE PAVEMENT STRIPING OPERATIONS HAVE BEEN COMPLETED. FIRM NAME: FIRM ADDRESS: SIGNED BY: TITLE: DATE: DAY PHONE NO. 6 EVE. PHONE NO. 2 P-B 7 of 7 WXZMACHER, McLENOM d MURRELL, P.C. / H2M CORP. COMULTINO OfGINEEA{ AND FAVINONMOfTAL OCIOtT M PROPOSAL - (CONT'D. ) Enclose certified check or bid bond for five percent (5%) of the total bid, as stipulated in the foregoing Information for Bidders. The Bidder hereby agrees to enter into a contract within ten (10) days after due notice from the Town of Southold that the contract has been awarded to him and is ready for signature, such notice to be given in writing within forty-five (45) days of the date of opening of the bids . And, the Bidder hereby further agrees that in the event of his failure or refusal to enter into a contract in accordance with this bid within ten (10) days after due notice from the said Town Board as given in accordance with the Information for Bidders, and/or his failure to execute and deliver the bond for the full amount of the contract price as provided in said Information for Bidders, that the bidder's check which is herewith deposited with the Town shall, at the option of said Town, . become due and payable as ascertained and liquidated damages for such default, otherwise the said check shall be returned to the undersigned. The full name and residences of all persons and parties interested in the foregoing bid as principals are as follows: NAME ADDRESS NAME OF BIDDER• BUSINESS ADDRESS OF BIDDER: w DATED AT: THE DAY OF P-C WUMACHER. McUNDON 6 MURR" P.C. / H2M CORP. CDN7ULnNO DOGINEER1 AND ENYIRONMOITAI 1CIENT1171 PROPOSAL - (CONT'D. ) NON-COLLUSIVE BIDDING CERTIFICATE By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: 1 . 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; and 2. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor; and 3. No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition. Dated: By: This bidder cannot make the foregoing certification and a statement sighed by the bidder is attached setting forth in detail the reasons therefor: P-D HOLZMACHER, McLENDON 6 MURRELL. P.C. / H2M CORP. CONSULTING ENGINUM AND ENVIRONMENTAL BCIENT M GENERAL CONDITIONS 1. GENERAL CONDITIONS v A. The "General Conditions" are hereby made a part of this Specification and are attached herein. B. Where any article of the "General Conditions" is supplemented hereby, the provisions of such article shall remain in effect. All the supplemental provisions shall be considered as added thereto. Where. any such article is amended, voided or superseded thereby, the provi- sions of such article not so specifically amended, voided or super- seded shall remain in effect. Work, materials, plant, labor and other requirements of the Gen- eral Conditions shall be furnished by the Contractor. No direct pay- ment shall be made for these General Conditions, and payment shall be deemed to be included in the contract price or various items of the entire contract. 2. CONTRACT DOCUMENTS The Contract Documents include, but are not limited to, the General Conditions, General Specifications, Detailed Specifications, Plans, Proposal Form, Contract and other sections as either cited on the index pages or actually included in the bound documents. Each section of the Contract Documents is intended to be comple- mentary to the other sections. It is intended that they include all items of labor and materials, and everything required and necessary to complete the work, even though some items of work or materials may not be particularly men- tioned in every section or may have been inadvertently omitted from the Drawings or Specifications, or both. 3. APPROVAL OF SUBCONTRACTORS AND MATERIALS 6 1 Prior to commencing any work under this Contract, the Contractor shall submit to the Engineer, for approval, a list of all the sub- contractors and material suppliers he proposes to use for this Con- tract. No subcontractor or material supplier will be permitted to de- liver materials or perform any work on this Contract until he has been approved by the Engineer in writing. RT GC-1 HOLZMACHER. McLENDON 6 MURRELL. P.C. / H2M CORP. CONEULnNo ENOINEEM ANO ENVIRONMENTAL 800MM GENERAL CONDITIONS (CONT'D.) 4. INTERPRETATION OF DRAWINGS, ETC. A. In the event of discrepancies between the Drawings and the Specifications, the following order shall be given preference when making interpretations: 1. Addenda (later dates to take precedence over earlier dates) 2. Drawings (schedules or notes to take precedence over other data shown on Drawings) 3. Detailed Specifications 4. General Specifications 5. General Conditions B. On all plans, drawings, etc. , the figure dimensions shall govern in the case of discrepancy between the scales and figures.. C. The Contractor shall take no advantage of any error or omission in the Plans, or of any discrepancy between the Plans and Specifications, and the Engineer shall make such corrections and interpretations as may be deemed necessary for the fulfillment of the intent of the Specifications and of the Plans as construed by him, and his decision shall be final. D. All work that may be called for in the Specifications and not shown on the Plans, or shown on the Plans and not called for in the Specifications, shall be furnished and executed by the Contractor as if designated by both. Should any work or material be required 6 which is not denoted in the Plans and Specifications, either directly 1 or indirectly, but which is, nevertheless, necessary for the proper carrying out of the intent thereof, it is understood and agreed that the same is implied and required, and that the Contractor shall per- form such work and furnish such materials as if they were completely delineated and described. 5. ADDITIONAL WORK Additional work, if required to be performed under this Contract, will be in accordance with the applicable paragraphs of the Contract. The Engineer shall be the sole judge as to whether such work was in- tended as part of the Contract or is in addition thereto. GC-2 RT HOLZMACHER, McLENDON 6 MURRELL. P.C. / HZM CORP. CON3ULTING ENOINEFRS ANO ENVIRONMENTAL 3CIENT M GENERAL CONDITIONS (CONT'D.) 6. OCCUPATIONAL SAFETY AND HEALTH ACT The Contractor shall meet all standards of the Occupational Safety and Health Act of 1970 and subsequent revision. This shall include, but not be limited to, the following areas: Sanitation, noise, radiation, gases, vapors, fumes, mists, dust, illumination, ventilation, protective equipment, fire protection, waste disposal, electrical hazards, scaffolds and ladders, floor holes . and wall openings, and heavy equipment. All specific require- ments of the Act shall be adhered to. 7. SAFETY PROVISIONS The Contractor shall take every precaution and shall provide such equipment and facilities as are necessary or required for the safety of his employees. In case of an accident, first aid shall be administered to any who may be injured in the progress of the work. In addition, the Contractor shall also be prepared for the removal, to the hospital for treatment, of any employee either seriously in- jured or ill. 8. SANITARY REGULATIONS A. In addition to compliance with the Occupational Safety and Health Act, the Contractor shall erect and maintain necessary sani- tary conveniences for the use of employees on the work. Such con- veniences shall be properly secluded from observation, and their use shall be strictly enforced. Such sanitary conveniences shall be constructed in compliance with all laws, ordinances or regulations governing these facilities. The contents of the same shall be re- moved, with sufficient frequency to prevent nuisance, and disposed of to the satisfaction of the Engineer. B. The Contractor shall obey and enforce such other sanitary 6 regulations and orders and shall take such precautions against in- t fectious diseases as may be deemed necessary. In case any infectious diseases occur among his employees, he shall arrange for the immediate removal of the patient from the work and his isolation from all per- sons connected with the work. C. The building of shanties or other structures for housing the men, tools, machinery or supplies will be permitted only at approved places, and the sanitary condition of the grounds in and at such shanties or other structures must , at all times, be maintained in a satisfactory manner. RT GC-3 HOLZMACHER. MCLENDON 6 MURRELL. P.C. / HZM CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTIST! GENERAL CONDITIONS (CONT'D.) 9. RESPONSIBILITY OF ENGINEER AND CONTRACTOR DURING CONSTRUCTION A. The Engineer is responsible solely for the general and/or detailed inspection of the work being performed. Such inspection will be periodic and strictly to assure conformance of the Contractor with the Plans and Specifications, such that the end product will conform to the Plans and Specifications. B. The Contractor is responsible for complete conformance to the Plans and Specifications, proper construction procedures; co- ordination with subcontractors, other contractors and utilities, and safe working conditions for his employees. 10. LABOR A. All contractors and subcontractors employed upon the work shall and will be required to conform to the Labor Laws of the State of New York and the various acts amendatory and supplementary there- to; and to all other laws, ordinances and legal requirements applicable thereto. B. All labor shall be performed in the best and most workman- like 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. 11. CONTRACTOR' S REPRESENTATIVE The Contractor, in case of his absence from the work, shall have a competent representative or foreman present, who shall follow with- out delay all instructions of the Engineer or his assistants in the prosecution and completion of the work, in conformity with this Con- tract, and shall have full authority to supply labor and material immediately. The Contractor shall also have a competent representa- tive available to receive telephone messages and provide a reasonable 6 reply as soon as possible, but not later than twenty-four (24) hours. 1 RT GC-4 HOLZMACHER, MCLENDON b MURRELL. P.C. / H2M CORP. CONSULTING 040INURS ANO ENVIRONMENTAL SCIE]VT M GENERAL CONDITIONS (CONT'D.) 12. INCOMPETENT EMPLOYEES The Contractor shall employ only competent, skilled and faithful men to do the work. Upon request of the Engineer in writing, the Con- tractor shall suspend or discharge from the work any disobedient, dis- orderly or incompetent person or persons employed thereon, and will not again employ any person so suspended or discharged without the consent of the Engineer. This requirement shall not be made on the basis of any claim for compensation or damages against the Town or any of its officers or agents. 13. CLAIMS OR PROTESTS If the Contractor considers any work required of him to be out- side the requirements of the Contract, or considers any record or ruling of the Engineers or Inspectors as unfair, he shall ask for written instructions or decisions immediately, and then file a writ- ten protest with the Town against the same within five (5) days thereafter, or be considered as having accepted the record or ruling. 14. NOTIFICATION. INTERFERENCE AND INJURY TO UTILITIES A. The Contractor shall cooperate in every way with the Utility Companies. B. The Utility Companies shall be notified in accordance with Section 1918 of the Penal Law of the State of New York, entitled "Construction or Blasting near Pipes Conveying Combustible Gas," and with Article 20, Section 322-a of the New York State General Business Law. 6 C. All conduits, water mains and gas mains encountered in the 1 construction shall be properly and safely taken care of by the Con- tractor, who shall, upon encountering same, notify the public corpora- tion to whom they belong, in order that they may be changed in such a manner as not to interfere with the final construction. D. In case any damage shall result to any service pipe for water or gas, or any private or public sewer or conduit . by reason of negli- gence on the part of the Contractor, he shall, without delay and at his own expense, repair the same to the satisfaction of the Engineer, and in case such repairs are not made promptly or satisfactorily, the Town may have the repairs made by another Contractor or otherwise, and deduct the cost of same from any monies due or to become due the Con- tractor. RT GC-5 HOLZMACHER. McLENDON 3 MURRELL. P.C. 1 H2M CORP. CDN3UV1N0 MINUM AND VM110NM0JTAL 9CIOMST7 GENERAL CONDITIONS (CONT'D.) 15. INFRINGEMENT OF PATENTS The Contractor further agrees to hold himself responsible for any claims made against the District for any infringement of patents by the use of patented articles in any one phase of construction of the work and the completion of same, or any process connected with the work agreed to be performed under this Contract, or of any materials used upon the said work and to save harmless and indemnify the Town from all costs, expenses and damages which the Town shall be obliged to pay by reason of any infringement of patents used .in the construc- tion and completion of the work. 16. DAMAGES All damage, direct or indirect, of whatever nature resulting from either the performance of, or resulting to the work under, this Con- tract during its progress from whatever cause, shall be borne and sus- tained by the Contractor, and all work shall be solely at his risk until the date of the final certificate. 17. GUARANTEE WARRANTY This Contractor shall guarantee and warrant his work and that of his subcontractors against defects in workmanship and/or material for a period of one (1) year from the date of final certificate by the Engineer except as otherwise specified. Upon written notification from the Engineer, the Contractor shall repair, replace or reconstruct such defects to the satisfaction of the Engineer at no cost to the Town. 18. STANDARDIZATION The DETAILED and General Specifications indicate specific manu- facturers and/or catalog numbers, etc. , for the purpose of standardiza- tion within the Town in order to minimize stockpiling of replacement parts. 19. DEFINITIONS i The words "or approved equal" as hereinafter used shall refer to the use of an equal product that has received prior approval by the .Consulting Engineer for the Town. The word "Engineer" refers to HOLZMACHER, McLENDON & MURRELL, P.C. , Consulting Engineer for the Town of Southold. SH GC-6 HOLZMACHER, MCLENDON 6 MURRELL,P.C. ppNEllLTNW)ENONIRM ENyNq/NIENTAI ECIENTNITf M N1INIIE116 TECHNICAL SPECIFICATIONS SEVERAL ITEMS ON THE PLANS AND IN THESE SPECIFICATIONS REFER TO THE SUFFOLK COUNTY PUBLIC WORKS SPECIFICATIONS OF NOVEMBER 1, 1968, " AS AMENDED. THESE SPECIFICATIONS SHALL BE INCORPORATED BY REFERENCE AND SHALL APPLY AS IF DETAILED IN FULL, UNLESS HEREIN MODIFIED. HOLZMACHER.MCLENDON 6 MURRELL.P.C. oowuraa a aNtnw.taE«Trn."nAWKM GENERAL SPECIFICATIONS • TOWN OF SOUTHOLD RESURFACING OF SOUND AVENUE AT THE WESTERN TOWN LIMI.T 0.1 - SCOPE The work to be done under this Contract consists Of furAiShing all labor, materials, equipment, etc. , for the M,5UWA,G1 G. f y AVENUE AT THE W TERN TOWN LIMIT in the ToWn of Southold, as set fa►rth in the Proposal Sheets, in accordance with the Specifications WAss indicated on the plans, all to the approval of the Engineer and the Town of Southold. 0. 2 - GyNKRAL SPECIFICATIONS (a) The "General Specifications" of the contract are hereby • made a part of this specification and are attached herein.. (b) Where any article of the "General Specifications" is supplemented hereby, the provisions of such article shall remain in effect. Where any such article is amended, voided or superseded thereby, the provisions of such article not .so specifically amended voided or superseded shall remain in effect. 4. 3 GENERAL CONDITIONS (a) The "General Conditions" of the contract are hereby mace a part of this specification and are attached herein. (b) Where any article of the "General Conditions" .is supple- mented hereby, the provisions of such article shall remain in effect.' 6 All the supplemental provisions shall be considered as added thereto. 3 Where any such article is amended, voided, or superseded thereby, t he provisions of such article not so specifically amended, voided, or ` superseded shall remain in effect. i GS - 1 of 11 HOtZMAC"ER, Md.ENDON 6 MURRELL, R.C./ HZM CORP. CONiAMM MUNUM ANO 9WRONMEWAL 800MM GENERAL SPECIFICATIONS (CONT'D) 0.4 - NO DIRECT PAYMENT No direct payment will be made for work done and for materials furnished under these General Specifications or the General Conditions of the contract, but compensatioUL, shall be deemed to have been i8r eluded in the contract price of the entire work. 0.5 - PLANS AND SPECIFICATIONS This Contractor will be furnished six (6) complete sets of the plans and specifications. Additional sets will be furnished at cost of reproduction. 0.6 - PERMITS AND REGULATIONS This Contractor shall obtain and apply for all permits necessary . to conduct the work and complete this contract . All work shall be performed in strict accordance with the regulations and requirements of the various civil agencies having jurisdiction thereof. Upon completion of the work provided for in this contract , and before final payment shall be made, the Contractor shall furnish the Engineer with any necessary certificates of approval issued by these various agencies. 0.7 - SIGNS No signs or advertisements shall be permitted by the Town. 0.8 - TEMPORARY LIGHT, WATER, ETC. This Contractor shall furnish temporary light and power complete with all wiring, lamps and similar equipment, as required for the completion of the work. Water shall be supplied by this Contractor. 6 1 RT GS - 2 of 11 2 HOLZMACHM,McMDW A MtMA , P.C. / H?M OW. GENERAL SPECIFICATIONS (CONT'D) 0.9 - COOPERATION This Contractor, all other contractors, and all subcoatraEtars shall coordinate their work with all 'adjaeent work and shall coax- nate with all other trades so as to facilitate the general preg-rosos ®f the work. Each trade shall afford all other trades every reas*x►b1e cep- portunity for the installation of their Mork and for the storage Of their material. 0.10 - REPRESENTATIVE ALWAYS PRESENT The Contractor, in case of his absence from the work, shall have a competent representative or foreman present, who shall follow with- out delay all instructions of the Engineer or his assistants in the prosecution and completion of the work, in conformity with .this con- tract, and shall have full authority to supply labor and material immediately. The Contractor shall also have a competent representa- tive available to receive telephone messages and provide a reasonable reply as soon as possible, but not later than twenty-four (24) hours. 0.11 LABOR (a) All contractors and subcontractors employed upon the work shall: and will be required to conform to the Labor Laws of the 3ftto of New York and the various Acts amendatory and supplene4tary there- to; and to all other laws, ordinances and legal requirements appli- cable thereto. (b) All labor shall be performed in the best and most workman- like 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. 6 1 RT GS — 3 of 11 3 HOLZMACHER. M dENDON a MURRM. P.C. I H2M CORP. OONSUMNO UMMUM AND UMMM MMWTAL Wi0MM GENERAL SPECIFICATIONS (CONT'D) 0.12 - WORKMANSHIP It is the intent of these Spec ftCat ons to describe defi®itely= and fully the character of materials and workmanship requ red ,with regard to all ordinary features, and to require first class work and materials in all particulars. For any unexpected features arising during the progress of the work and not fully covered herein, the specifications shall beinter- preted by the Engineer to require first class work and materials; and such interpretation shall be accepted by the Contractor. 0.13 - 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 d6mand any increase of such effi- ciency 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 ex- cept 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, such as manholes, catch basins, pipe lines, conduits, etc. 6 1 RT GS - 4 of 11 4 HOLZMACHER. McLEIM M A MURRELL. P.C. i HSM COIN. cowmrm0 QIAINttAA mo pfV1AMUMAL 800alM 'GENERAL SPECIFICATIONS (CONY D) • 0.14 - INSPECTION The Contractor shall, at all times, provide convenience of ac- ess and safe and proper facilities for the inspection of all parts of the work. No work, except such shop work as may be so permitted;, shall be done except in the presence of the Engineer or his assist- ants. The Contractor shall notify the Engineer twenty-four (24) hours in advance as to when he intends to start or resume the work. No materials of any kind shall be used upon the work until it has been inspected and accepted by the Engineer; all materials re- jected shall be immediately removed from the work and not again of- fered for inspection. Any material or workmanship found at any time to be defective shall be remedied at once, regardless of previous inspection. The inspection and supervision of the work by the Engineer is intended to aid the Contractor in applying labor and materials to and in ac- cordance with the specifications, but such inspection shall not operate to release the Contractor from any of his contract obliga- tions. 0.15 - PHOTOGRAPHS Prior to the commencement of any work to be performed under this contract, the Contractor shall inspect all structures, pavement, walls, curbs, sidewalks along the route with the Engineer. Whenever cracks, breaks, defects, faults or structural decay is expected or, visible, photographs shall be taken, by a professional photographer, to identify and to record each and every defect. Failure on the part of the Contractor to take such photographs will be construed as mean- ing that no defects existed prior to construction. The Contractor shall submit to the Engineer three (3) sets of 311x5" prints and the negatives from which the prints were made, which negatives shall be at least 35 millimeter in size. Prints shall be mounted in a photo album with a written description of each photo to include descriptions, street location, address and ownership of property or building, if available. No separate payment will be made for the photographs, 6 1 RT GS - 5 of 11 5 HOLZMACHER. Mdt ENNN a MURRELL. P.C. / NZM CORP. consuLrm tl10 puu ANO ammmmmTAL Woms» GENERAL SPECIFICATIONS (CONT'D) 0.16 - LINE AND GRADE (a) The Engineer shall establish the sines and grades for the storm drains and appurtenances, and the necessary benchmarks for pavement construction stakeout. (b) All grades, lines, elevations and benchmarks shall be maintained by this Contractor who shall be responsible for same. (c) The Contractor shall verify all grades, lines, levels and dimensions as shown on the drawings, and he shall report any errors or inconsistencies in the above to the Engineer before commencing work. 0.17 - BOUNDARIES OF WORK AND CONTIGUOUS WORK The Town will obtain from the property owners rights-of-way for all work specified in this contract, and the Contractor shall not enter or occupy with men , tools or materials, any private ground outside the easements and rights-of-way without the consent of the owner and the approval of the Engineer. Other contractors of the Town may, for all purposes required by their contract, enter upon the work and premises used by the Contractor, and the Contractor shall give to other contrac- tors of the Town all reasonable facilities and assistance for the com- pletion of adjoining work. 0.18 - RIGHT-OF-WAY Where the work called for extends upon or through private property , the Town shall produce all necessary rights, deeds and easements for access to the property and the Contractor shall not proceed with this part of the work until the Town has completed negotiations with the property holders and all necessary papers are in the hands of the Town. If, after a reasonable period of negotiations (up to one (1) year from signing of the contract) , rights or easements cannot be obtained, then the Town reserves the right to eliminate those items of work from the contract which required the easements prior to construction. No addi- tional compensation shall be made to the Contractor for such elimination. 4 2 SOFT' 81-01 GS - 6 of 11 6 MMIMACHER.;Md.EN M i MURROI.P.C. I NZM CORP. CCN"TM Doom= me tNVN10lMr MM 100MM GENERAL SPECIFICATIONS (CONT'D) 0.19 - pROTX,,,,T „aN OF WORK r The Contractor shall place a suttioiency of red ligb% en ow near any work accessible to the public nes keep them burning es"t to San- rise; he shall erect suitable railings or barriers, and she t Ip - de watchmen on the work by day or night, as required and deemed 2+4es0ary, for the safety of the work, on public or adjoining property. The Town reserves the right to remedy any neglect on the part of the Contractor as regards the protection of the work which mar tome to its attention, after 29 hour•s• notice in writing; except that 4-14 4&048 of emergency, it shall have the right to. remedy any neglect witbOM-t notice, and in either case to deduct the cost of such remedy from money due the Contractor. r 0.20 - MAINTAINING FLOW OF SEWERS AND DRAINS The Contractor shall, at his own cost and expense, provide for and maintain the flow of all sewers, drains, house or inlet consee- tions and all water-courses which may be met with during the progress of the work. He shall not allow the contents of any sewer, drain or house inlet connection to flow into trenches to be constructed unday the contract, except where written permission is given by the Engineer and shall, at his own expensro,, immediately remove and cart away free the vicinity of the work all" offensive matter, using suet precautions in so doing as may be directed by the Engineer. 0.21 - PROTECTION OF EXISTING SUBSURFACE STRUCTURES Certain existing subsurface structures will likely bo encountered during the construction of the work embraced in this contract, or located in such close proximity to the work to be done under this contract, as to require special precautions and methods for their pro- tection, such as sewers, drains, water mains and conduits, together with appurtenances, and are shown on the drawings. The sisest lova, 4 tions and depths shown, however, are only approximate and. th-4 contrac- tor shall satisfy himself as to the accuracy of the inforf`tion given and shall not claim nor shall he be entitled to receive Compensation 6 for damages sustained by reason of the inaccuracy of the information 1 given or by reason of his failure to properly maintain and support such structures. RT 7 GS - 7 of 11 HUMACHM MdDIE W i MURNOA.F.C.f HN CW- ta "$%TIM AND DftV"MQRAI SCWMM GENERAL SOWIrIVATIONS (CONT'D) Should tbe. Contractor, through his own negligence, damage any portion of the existing underground structures, sewers, drains, cul- verts, water lines, etc. , located w tbin' the limits of the contract, and whiob are to remaing, be shall replaces or restore such damaged portions at hie own expense and as directed by the Engineer. 0.3E - !.0JEJJ.N6 UTILITY COMPANIES The utility Companies shall be notified in accordance with S"- tion 1B3.S of the Penal Law of the State of New York and Article Section 322-a of the New York State General Business Law, entitled, "Construction or Blasting Near Pipes Conveying Combustible Gas, " which states, "the person having direction or control of such works shall given such notice and further, he shall ascertain whether there is within one hundred feet in such street, highway or public place. . .any pipe. . .conveying combustible gas." This Contractor and all other excavators must comply with Indus- trial Code Part 53 whereby this Contractor must obtain the list of each operator of underground facilities and provide advanced notice to each operator of his intent to perform excavation in the area specified under this contract., s. s 0.21 - P.ISI IC UTILITY COMPANIES All conduits, sewers, storm drains, water mains, underground elec- tric and telephone conductors or conduits, or gas mains eaewmtered in the construction shall be properly and safely taken care of by the Con- tractor, who shall, upon encountering same, notify the public corpora- tion, to whom they belong, in order that they may be changed in such a manner as not to interfere with the final construction if it is imposs- ible to cross over, under or around the other utility. 6 1 ' RT GS - 8 of 11 8 HOWAACHER.Md MOM i MURFAL.P.C. / H2M CORP. CONSULTING VIGINUM ANO 0VIUONMORAL •CIVITISTS GEN-MAL SORCUIC&'TIANS (CONT'D) 0,24 -- INJURY TO SERVICE PIPES �r In cases any damage shall result. te any service pipe tome waw or gas,, or any private or public *wey or eondvit , the Coatra *"Al, without delay, and at his own expense, repair the same to the. eratis- faction of the Engineer and in case such repairs are not ua4e promptly or satisfactorily, the Owner may have the repairs made by another contractor, or otherwise, and deduct the cost of same from &-*I monies due or. to become due the Contractor. 0.24 - DAMAGES All damage, direct or indirect, of whatever nature resulting from either the performance of or resulting to the work under this contract during ,its progress from whatever cause, shall be borne and sustained by the Contractor, and all work shall be solely at his risk until the date of the final certificate. A 0.26 - TRAFFIC MAINTENANCE The Contractor shall minimize all interference to vehicalar, -pedestrian and other traffic. ra Traffic along the constti a site shall be provided with a passable and adequate road. All fire hyd- rants shall be accessible at all times. Maintenance of traffic j3hall include bridging over construction, construction in sections, prb4iding detours, and other measures speer tied. Access shall be maintained to all driveways. The Contractor shall furnish and install adequate warning signs, Slags, lights, railings, barricades and other devices. Watchmen, flagmen and signal- men shall be provided to maintain traffic. 0.27 - REMOVAL OF TEMPORARY STRUCTURES On or before the completion of the work, the Contractor shall, without charge therefore, tear down and remove all buildings and other structures built by him for facilitating the carrying out of the work and shall remove all rubbish of all kinds from the grounds which be has occupied, and shall leave the site of the work clean and in good condition. 6 1 RT GS - 9 of 11 9 HMMIACHM Md DAM i wARnt.►.C.l H2M CORP. COMMTtNO VMWM'LM ANO OMIK'MUSWAI SOOAlM i GZ'NZtlk► W ArTIONS ECONT'n) Q.,24 C 1#I- D FINAL INSPECTI2M All pipe lines and other structures shall be kept clean 40riag cosatr tt'se., and as the worm approaches c ►te-tion, the Shall a-ad thoroughly clean and stake any seer d re- pairs t same. He shall furnish at his own eapas ea. a els and labor tor cleaning out all dirt, mortar and foreign spbsUo4w from the at tures, and also the water for clea0ing by flushing. Any leakage of water into any structure exceeding the limits spec - f ed, or any deviation from the proper grade for alignment to the structure or any nether defect such as to make the work, is the opiates of the Engineer, fall short of first class work,, shall be properly corrected by the Contractor at his own expense. The elean- ins a repairs shall be arranged, so far as practicable to be cow- pleted upoe finishing the construction work. Notice to begin this cleaning and repairing, if such is needed, will be given in due sea- son by the Engineer who, at the same time, will make his final in- spection of the work. • The Engineer will not prepare his final certificate of this por- tion of the work until after the final inspection is made During this final inspection , the Contractor, at his own expense, shall fur- nish suitable provisions as to needed drainage, workmen aad appli- ances. D.20 TOILET FACILITIES t Necessary toilet facilities for the use of .the workmen on the grc ; e¢t, properly secluded from observation, shall be nit R maintained by the Contractor in such manner and at such e shall be approved, and their use shall be strictly estew contents of same shallbe removed, with sufficient fr*q**zqy to pro- vent nuisance, and disposed of to the satisfaction of the feeer and the Town. The Contractor shall obey and enforce all safii tory regulations. The sanitary condition of the grounds in and Around such toilet facilities must be maintained in a satisfactory manner at all times. 6 1 FtT GS - 10 of 11 10 HOLZMACHER,MdM00N i MURREU,P.C./ HZA CORP. ca+suLrNo o#wuu A ANO aaM MUMAL SCOMS" GENERAL S'FECIFICWrIUfi5 (CON'1''D) 0.30, ---CHANGE ORDER During the construction period of this contract, the Bn,gi,-neer may ordov, is writing, changes in sizesof (prior to rel-esso from the manufacturer) and/or locations of (prior to delivery of materalsy and/ear additional items. The prices as bid for the respective size installed shall be also applicable to any sueb changes or additions ordered by the Engineer. The total cost of additional items ordered shall be limited to not more than tem percent (10`A) of the total bid (including alternate bids) of all items. Change orders involving extras or additional funds outside the limits of the unit and- /or lump sum prices must be approved by the Consulting Engineer and the Town of Southold , 0. 31 - DEFINITIONS The specifications indicate specific manufacturers and/or catalog numbers, etc. , for the purpose of standardization in order to minimize stockpiling of replacement parts. The words "or approved equal" as hereinafter used shall refer to the use of an equal-product that has received prior approval by the Consulting Engineer for the Town. The word "Engineer" rdferes to HOLZMACHER, McLINDON & MURRELL, P.C. , Consulting Engineer for the Town. The words "Owner" or "Town" refer to the TOWN Of SOUTSOLD 4 2 SH GS 11 of 11 11 HOLZMAC11EP,McLENDON&MURRELL.P.C. OONM1LfMNpNMIrM.�11Y111011MN11K�1M1f1'tM/NANNfM PAVEMENT RESTORATION & REPLACEMENT ITEM 5 5.1 - SCOPE The work under this item includes sawcutting, removal and disposal of existing pavements (temporary and permament) , and the furnishing and placing of asphalt concrete base and binder courses at the locations indicated on the pians or as directed by the Engineer. 5. 2 - GENERAL Under this item, the Contractor shall be responsible for the re- moval and disposal of the following: 1) All temporary pavement previously placed by Southold Tom forces in connection with the installation of new storm drainage leading pools within the project area. ` 2) All existing pavement indicated on the plans and any existing pave- ment ordered by the Engineer in the field. during construction. In general, the removal of existing pavement will be ordered at these locations where subgrade failure is evident. In addition, severely distressed or cracked pavement will be ordered removed. K 3) All existing subbase material down to the required grade for con- struction of the new pavement section. In the event that the material at this grade is considered by the Engineer to be unsuitable as a sub- base for the new pavement, additional excavation ordered will be paid for under Item 14. Under this item, the Contractor shall construct a new pavement cross section at the aforementioned locations in accordance with the details indicated on the plans. Pavement restoration at leaching. pools small include the additional pavement required behind each structure, as detailed on the plans. Sawcutting is required when removing deteriorated pavement and shall be performed to the Engineer's satisfaction. Upon completion of sawcutting, all asphaltic concrete on all types of bases shall be removed in a neat, workmanlike manner, mern pavement removal methods as approved by the Engineer. i3. ing, of r,*wArved ,material small be done in an acceptable manner off Vie: #utas or at a designated hated aar+ea specified by the Engineer. This Comtf**t tall be r*sVensible for the payment of any dumping fees should be elo t to use the Town Landfill facilities. 5...3 2 The existing asphalt pavement shall be cut at the loratis desig- pa*A4 by the Engineer. The minimum depth of cut shall 'be two (2) inches. PRR - 1 of 4 12 ,-2A HOLZMACHER,MCLENOON i MURRELL.P.C. OONMIl1Y10 WMMNM.MIY1110MMM►Yt01M�Dt{�NlMN1MM PAVEMENT RESTORATION & REPLACEMENT (CONT-D.) 5.3 - SAWCUTTING .(Cont'd. ) All work shall be accomplished in a neat, workmanlike manner, r using approved modern sawcutting methods. Failure to cut a minimum depth of two (2) inches will be con- sidered as grounds for rejection of the sawcut, and the Contractor shall be required to re-sawcut the pavement. No payment will be made for either the additional sawcutting or additional pavement replace- ment required. 5.4 - SNUB-BASE The sub--base shall be cleaned of all loose or foreign material, reshaped if rutted, and otherwise prepared so as to provide uniform support for the pavement. All soft or unsuit#ble material such as loam shall be removed as directed by the Engineer, and replace with suitable material approved by the Engineer and compacted in six (i) inch layers to the pavement base. Excavation to remove unsuitable materials below the bottom of the proposed base course shall be paid for under Item 14. Shaping of the sub-base shall be accomplished by hand or with mechanical grading equipment after which the. sub-base shall be mois- ened and compacted by means of a vibratory-type compactor in accordance with modern vibratory compaction methods, to the approval of the Engineer. All equipment for the proper preparation of the sub-base and for the placing and finishing of pavement shall be in first-class working order and shall be subject to any inspection the Engineer, may desire prior to being placed in use. After the sub-base has been prepared and compacted to the required uniform density and to the:. requirod elevation, alignment and cross-section, it shall be maintained in that condition until the pavement is placed thereon. Pavement will not be placed upon any frozen scab-base or upon any material which, its the opin- ion of the Engineer, is unsuitable as a pavement foundation. The end result of all compactive efforts shall be that the sub-base material is compacted to not less than 95% of maximum density at optimum moisture content as determined by AASHTO T-99. In the event that the Engineer determines that there is reasonable dov&t regarding the quality or degree of compaction, he ' order that faction tests be performed at random locations. All compa€tion tests shall be performed by an independent laboratory previously approved (written approval) by the Engineer. The costs for all f compaction testing ordered shall be borne by the Contractor. 2 PRR - 2 of 4 13 HOUMACHER,Mc4ENOON&MURRELL.P.C. 0009""AHIMIMM.MIYI�OMY�M�K RAINQIU PAVEMENT RESTORATION & REPLACEMENT (CONT'D. ) 5.5 - PAVEMENT MATERIALS Materials utilized for pavement restoration shall be in accor- dance with the "Suffolk County Public Works Specifications of November 1, 1968" as amended. The typical pavement restoration cross- section is indicated on the Contract Drawings. A bituminous material shall be placed on the concrete or bitum- inous base and at sawcut joints, as a tack or seal coat. The minimum application rate of this material shall be 0.1 gallons/square yard. The ,bituminous material shall conform to the requirements of New York State Department of Transportation Specification Section 407, Item No. 407.01. PAVNM-M CONSTRUCT ON M1 All pavement restoration shall be performed in accordance with the requirements of "BITUMINOUS PAVING CDNMOCTION, PART II, .SECTION 8" of the "Suffolk County Public Works Specifications of November 1, 1968" as amended. 5.7 - MISCELLANEOUS y No payment will be made under this Item for pavement disturbed or broken by the Contractor due to his own nealiaence or for pavements removed to facilitate the construction where specific authorization has not been given by the Engineer. 5.8 - MAINTENANCE AND GUARANTEE After repaving, the Contractor will be' responsible for his work and will have to repair any sunken trenches immediately after notigi- ettiou from the Engineer, to the satisfaction of the Engineer and the Torr► of Southold Highway Department, for a period of one fl) year after the date of final certificate. 5.9 -AASIS OF PAYMENT Payment will be made for the various types of pavement removal and restoration on a square yard basis in the following mannerz Itg& , . Xeseove temporary pavement placed by others and restore exeava- ti+¢ .w, with new asphaltic concrete as detailed on the plans. - strootten of paved areas behind each of the new leaching pool structures 8 shall be included under this item. 2 Removal of existing deteriorated pavement sections and replace- � with new asphaltic concrete as detailed on the plana or as ordered by the ft9ineer. PRR - 3 of 4 14 HOLZMACHER.McL.ENDON t MURRELL.P.C. CONMK/MN NIOIUw114NNMOMMM►M�pN11Nf{.M r1MNQM PAVEMENT RESTORATION & REPLACEMENT (CONT'D. ) 5_9 - BASIS OF PAYMENT (Cont'd. ) All pavement restoration shall be in accordance with the applicable M Suffolk County Department of Public Works Specifications, the details in- dicated on the Contract Drawings and the directions and orders of the Engineer. The unit price bid for these items shall include all materials, labor, equipment and incidentals necessary to complete the work. 1 6 2 PRR - 4 of 4 15 Ut2" HOLZMACHER.McLENDON i MURRELL,P.C. oo�K�e iwo�s.�*K aorwnan.w M MAINTENANCE AND PROTECTION OF TRAFFIC ITEM 10 10.1 - SCOPE M The work includes furnishing all labor, materials, equipment and appliances necessary to maintain both vehicular and pedestrian traffic, to protect the public from all damage to person and property and to Minimize inconveniences to the residences and businesses ad- jacent to the. contract area for the duration of the contract in accordance with the specifications, as shown on the plans and as directed by and to the approval of the Engineer and the Town of Southold Highway Department. 10.2 - GENERAL The Contractor shall maintain traffic over a reasonably smooth travelled way which shall be so marked by signs, delineations and/or ether methods so that a person who has no knowledge of conditions can safely, and with a minimum of discomfort and inconvenience, ride, drive or walk over all or any portion of the roadway under construc- tion. The Contractor shall prepare and submit a plan to the Engineer for his approval, outlining a schedule of operations for the mainten- ance, protection and detouring of traffic showing in complete detail the methods, sequences, procedures and facilities he proposes to install. Before the Contractor shall in any way or manner restrict or interfere with the normal flow of traffic, he must first secure written approval of his proposed plan from the Engineer. The Contractor is placed on notice that the Maintenance and Pro- tection of Traffic over this highway during construction is corn- sidored as important and necessary an item of work. as is. the actual construction itself. The Contractor shall at all times conduct his operation in a manner to insure the safety of motorists, pedestrians and his own employees. The Contractor shall protect the user from damage to person and proper,ty by reason of any construction operation (for example -- paintiaq,, paving, blasting, tree work, demolition, etc. ) by such protective screens, devices or methods as are approved by the engineer. 6 2 SORT MPT - 1 of 6 16 HOLZMACHER,McLENDON 3 MURRELL.P.C. *Oman* MwroNw M n.w M MAINTENANCE AND PROTECTION OF TRAFFIC - CONT'D. ti The Contractor shall under this item be responsible for the maintenance within the limits of the contract of the entire pave- ment, drainage facilities and other highway elements, both old and new, beginning on the date construction commences and ending on the date the contract is officially accepted. The Contractor shall schedule his work so as to minimize the amount of the old travelled way that is destroyed or substantially damaged at any one time. Throughout the course of the work the health and welfare of the people shall be provided for. The Contractor shall at -least one ( 1) week in advance of proposed work, ascertain the specific needs of individuals whose homes or place of business may be inaccessible for periods of time while required construction work is in progress. In all such cases, the Contractor shall make akl arrangements with health, safety and protective agencies to insure. that any and all emergency or accidental needs of seriously hampered people will be cared for. Roads which must be closed to traffic completely shall be completed during the normal work week. One week's advance notifi- cation of construction shall be given to affected residents. 10.3 - MATERIALS All materials used shall comply with the requirements for the various items or materials as established in the specifications or the plans. All temporary signs, delineators, barricades, lighting and other warning and guiding devices shall be as approved by the Engi- neer, and will remain the property of the Contractor. All materials and equipment and workmanship for electrical installations shall be in strict compliance with the Standard Code Requirements and the work shall be performed by licensed electri- cians. The Contractor shall obtain, supply and pay for all required electrical energy and shall make all necessary arrangements with the utility company for service points. All electrical services, permits and certificates shall be obtained and paid for by the Contractor. i SOHT MPT - 2 of 6 17 HOLZMACHER.MCLENDON&MURRELL.P.C. CONNIIriglM0111/!M.�MY11101Wt11tK�Mri.w wAwwtM MAINTENANCE AND PROTECTION OF TRAFFIC - CONT'D. 10.4 - CONSTRUCTION DETAILS 10. 4. 1 - General - The Contractor shall generally provide a travelway suitable for maintaining a minimum of two lanes of traffic. This travelway shall be kept well drained and reasonably smooth and hard at all times and free of potholes, bumps, irregularities and depressions that hold or retain water. 10.4.2 - Warning Signs & Delineators - The Contractor shall erect barricades, detour signs, warning lights and other facilities approved by the Engineer at the beginning, end and for the entire length of any detours to adequately warn the travelling public that the road is closed and indicate the direction and route of the detour. He shall conduct his operations to insure a minimum of delay to traffic. The Contractor shall furnish, erect and maintain proper reflect- orized signs, indicating to motorists the status of the highway under construction. All signs shall be kept clean, mounted at the indicated height and so placed as to be effective both day and night. Signs, warnings, _ delineators and barricades shall be used to adequately inform the motorist of any unusual or unsafe condition and to safely and clearly guide him through the contract area. Such signs, barricades, warnings or devices shall be so placed and lighted as to give timely warning and permit the motorist to take the necessary action to traverse the area safely. Barricades and signs shall be lighted when and as required . The Contractor shall delineate areas where there is a drop-off near the edge of the travel lanes and areas on which it is unsafe to travel . Where the drop-off is less than 6-inches, and where soft or unsafe areas occur, an approved delineator shall be placed along the edge of the travelway at intervals of not more than 200 feet. Where the drop-off is greater than 18-inches, a continuous delineation consisting of a white board or band shall be used in addition to individual delineators. Thirty ( 30) to fifty ( 50) gallon drums or containers set on end may be used as delineators, provided they are painted orange and white and kept clean at all times. Other markers or delineators may be circular or rectangular in shape and shall be constructed of reflective sheeting having a minimum area of 20 square inches or reflective buttons having a minimum diameter of 3-inches. All reflective delineators or markers shall be yellow or amber in color except that at entrances to commercial establish- ments the Contractor shall place a green reflective marker on each side of the designated safe entrance to the establishment. The entire 6 2 SOHT MPT - 3 of 6 18 HOLZMACHER,McLENDON a MURRELL.P.C. ppNNl►lNq�IrON1llM.lMVM101WtM�K WtM1�1'�rNINA�IIMM MAINTENANCE AND TRAFFIC PROTECTION - CONT'D. entrance area between adjacent green markers shall be kept safe and smooth for convenient ingress and egress. Delineators shall be sub- stantially mounted so that the bottom of the reflective unit is 4 feet above the elevation of the travelway. Any area judged by the Engineer to be particularly hazardous shall be marked by the use of oil burning flares or signal flashers with a large reflectorized orange lens in addition to the reflective markings. All signs, markers and other facilities shall indicate actual conditions existing and shall be moved, removed or changed immediately, as conditions require. Details and types of signs, temporary barricades, timber curb and other devices are shown on Standard Structure Sheets, Manual of Uniform Traffic Control Devices of the New Mork State Traffic Commission. These are minimum requirements and the Contractor shall have an adequate quantity of each available for use as required. The Engineer may, if conditions exist, requi:Fe additional signs. In that event, they shall be consistent with the arrangements, material requirements and details of those shown on the Standard Structure Sheets. Lighted barricades shall be fully equipped with complete electrical facilities including fixtures, lamps, conduits, switches, cut-outs, boxes, cable and all other required equipment, app urtenances and connections to the service points designated by the utility company as necessary to install and light the barricades. The Contractor shall set and adjust time switches and other equipment as required to put the lighting system in satisfactory operation. 10.4.3 - Maintenance - The Contractor shall furnish material, labor alnd equipment at any time, day or night, to immediately repair, remedy and prevent washouts, formation of holes, ruts and depressions, sunken trenches and the destruction or sinking of temporary pavements. This applies when the work is underway and when the work is temporarily suspended for any period of time. Special attention shall be given to maintenance of a satisfactory travelway over weekends, holidays, and during the winter season. Any damage to any portion of the work occasioned by lack of adequate maintenance shall be repaired by the Contractor at his own expense. 6 2 SORT MPT - 4 of 6 19 HOLZMACHER,MCLENDON 3 MURRELL,P.C. 00"""MsrssNun 0"WAN"Was►sorwrwnawnvoom MAINTENANCE AND PROTECTION OF TRAFFIC - CONT'D. 10. 4.4 - Flagmen - Whenever it is necessary to maintain traffic, the Contractor shall employ a sufficient number of competent flagmen during the time traffic is maintained. The Contractor shall also provide a sufficient number of competent flagmen in areas where traf� fic is congested, particularly where construction equipment is operating. 10.4.5 - Access - Under this item, the Contractor shall construct and masrnta n at all times where required or as directed, temporary bridges or bridging across pipe trenches, excavations, obstructions and newly laid pavements to provide adequate ingress and egress for pedestrian and vehicular traffic to and from private driveways, busi- ness and commercial establishments or for main street ihtorseetiens and heavily travelled crossing-S. The Contractor will be requirod, after the installation of all pipes and necessary appurtenane*s thereto, to Immediately backfill all. trenches, compact the same with the surf ace •of the fill graded of E, and install temporary past to posit the resumption of traffic without delay. The surfaces of all tr*ndhes shall be maintained erontinwal. y by the Contractor to carry traffie smoothly, safely and w-ithwA interruptions or slowdowns, ` until the permanent pavement has been rest*red. 10.4.6 - Existing Signs - All existing highway sign-s And supports within the contract limits are to remain under the control and juris- diction of the Engineer and are to be properly maintained for the duration of the contract by the Contractor as directed by the Engineer. The Contractor shall , when shown on the plans or ordered, remove these existing signs; store, protect and keep them clean; and replace them on the contract as directed by the Engineer. Signs not to be replaced shall be cleaned and delivered to the Town as directed by the Engineer. Signs or markers lost or damaged because of negligence the part of the Contractor shall be replaced at the Contractor's expense. 10.5 - BASIS OF PAYMENT The work of maintenance and protection of traffic Sha3vl mid for under item 10 at a Jump sum bid price that is greater theme or equal to o minimum bid price indicated on the prropal sheets,. In t the event that, in the opinion of the Engineer, traffi.c is not properly ard adequately maintained on any part of the contract on any day, and/ or the Contractor deviates from or fails to comply with the ofpreved plans, schedules and modifications or amendments thereto, ne pa°ynaent for 6 maintenance and protection of traffic will be made for that day• 2 SOHT MPT - 5 of 6 20 HOLZMACHER,McLENDON 6 MURREUL P.C. ppMNIL1N10lMOMNlM.NNMpIMlMTK�CMN�1�1�.M NNIMUM MAINTENANCE AND PROTECTION OF TRAFFIC - CONT'D. Daily cleanups of the project site are considered an integral part of the maintenance and protection of traffic. Therefore, no payment will be wade for those days where, in the opinion of the • Engineer, the Contractor has not performed a satisfactory cleanup. The amount of any such daily non-payment will be $100. The aggregate sum of money deducted for daily non-payment may exceed the actual amount bid for this item and may be deducted from any monies due the Contractor on other items of this contract. If the Contractor fails to maintain and protect traffic ade- quately and safely for a period of 24 hours , the Engineer may cor- rect the adverse conditions by the use of such means that he may deem necessary and augmented by such other equipment and personnel as it may he necessary to hire from outside sources, and the entire cost of this work by such forces, materials and equipment shall be deducted from any monies due the Contractor_ on this contract. The deduction due to the cost of this work shall be .in addition to the daily non-payment deductions listed above. , The bid price shall include the cost of furnishing all labor, materials, tools and equipment necessary to satisfactorily complete the required work. . Monthly payments will be made for this item in proportion to the total amount of contract work, excluding maintenance and pro- tection of traffic, completed divided by the total bid price less the stated allowance for maintenance and protection of traffic. 6 2 SORT MPT - 6 , of 6 21 1-t2" HOLZMACHER.M@LENQON i MURRELL.P.C. cowMar.a b+MMH1{.f wwwo�rwrtK�wrwn.w rw� TACK COAT ITEM 11 11. 1 - SCOPE This work shall consist of preparing and treating an existing bituminous or concrete surface with bituminous material i�►t� accordance with these specifications and, in reasonably close conformity with the limits shown on the plans or established by the Engineer. il. * -AUT RIALS The bituminous material, prior to dilution, shall meet the re- u ire�meats of one of the following giRgteri.al .designations from the .Y..S.O.O.T. "Standard Specifications - CONSTRUCTION AND MATERIALS", dated January 2, 1981 : ; Asphalt Emulsion (RFMS-2h) 702-3401 Asphalt Emulsion (SS-1h) 702-3601 Cationic Asphalt Emulsion (CSS-1h) 702-4501 The bituminous material shall be diluted with an equal volume of suitable emulsifier solution and thoroughly mixed into a homogeneous liquid . The diluted bituminous material will be sampled and tested in accordance with the Engineer's written instruction. 1.1.3 CONSTRUCTION DETAILS >' j. - "u- nt - The Contractor shall provide aqui t for hescift 't b1t`,uainous material and a distributor for apply the tack coat. The distributor shall be so- designed, equipped, maintained and operated so that bituminous material can be applied uniformly on variable widths of surface UP to 13 feet at readily determined and controlled rates from 0.45 to 3.0 gallons per square yard, with uniform pressure, and with an allowable variation from arq specified rate not to eaeeed 4.42 q:allons per square pard. ®istributor equipment shall include a tselsm e#e , accurate volume measuring devices or a calibrated tank, and a "ammeter for measuring temperatures of tank contents. 01str - butetm shall be equipped with a power unit for the pump, and full cir- 2 cslat en spray bars adjustable laterally and vertically. Distributers 0 shall be equipped with an approved bituminous material sampling valve. When samples are taken through such valves, they shall be considered I representative of- all material in the tank. TC - 1of2 22 HOLZMACHER.McLENDON f MURRELL.P.C. TACK COAT - CONT'D. 11. 3.1 - Equipment - (CONT' D. ) Small power spray units or hand spray equipment may be used in areas where the Engineer determines that the use of a distributor is impractical . 11.3.2 - Preparation of Surface to Be Treated - The existing surface sfiall be patched and cleaned and shall be free of irregularities to provide a reasonably smooth and uniform surface to receive the treat- ment. Unstable corrugated areas shall be removed and patched with mat- erials determined suitable by the Engineer. The edges of existing pavements, which are to be adjacent to new pavements, shall be cleaned to permit the adhesion of bituminous materials. 11.3.3 - Application of Bitminous Material - The bituminous material shall be uniformly appl e 1 th a pressure distributor . The tack coat shall be applied in such a manner as to permit one-way .traffic, where practical. in addition, the tack coat shall be applied so as to offer the least inconvenience to traffic and to prevent pickup or tracking of the bituminous material. • Tack coat shall not be applied during wet or cold weather, as determined by the Engineer. The temperature and areas to be treated shall be approved prior to application. The application rate shall be 0 .10 - 0.15 gallons per square yard unless otherwise ordered by the Engineer. 11.4 - MSTTBOD OF MEASUREMENT The quantity to be paid for will be the number of gallons of diluted emulsion measured at 60 degrees Farenheit incorporated into the work. 11,.S MAS1F OF The unit prise bid per gallon for tack coat shall include the cost of furnishing materials and all equipment and labor necessary to com- plete the work. 1 0 TC - 2 of 2 23 HZM CORP. / HOLZMACHM MdENDW 6 MURR" P.C. CWWAnNO DWNCM AND:OMM MMOKAL 100MM THERMOPLASTIC PAVEMENT MARKINGS 12. 1 - SCOPE Under this item, the Contractor shall furnish and apply thermoplastic reflectorized pavement markings at the locations and in accordance with' patterns indicated on the plans or pavement, or as ordered by the Engineer. This work shall include the cleaning and preparation of pavement surfaces and the maintenance and protec- tion of traffic during installation. 12. 2 - MATERIALS s THERMOPLASTIC PAVEMEb.7MARKING MATERIAL W h ML-LOW) This specification shall cover- reflectorized thermoplastic pavement striping material that is extruded to the pavement surfaces in a molten state by mechanical weans and which upon coaling to the normal pavement temperature produces a 'reftectorised traffic stripe of desired thickness and width. The term "Thermoplastic material" deft; a substance free of volatiles, applyied in a molten state, which after cooling to the ambient temperature and without polymerization or any ether chemical change forms a traffic marking stripe of a quality and appearance as specified in subsequent' sections of these specifi- cations. This specification is intended to set minimum limits on material characteristics of the thermoplastic compound. The successful bidder shall furnish test samples of materials. He mast also submit a list of installations made in the last three years. Material composition shall be in accordance with the following; A. In the plastic state, the material shall not give off fumes which are tonic or otherwise inJur ous to persons or property. H. The temperature versus viscosity characteristics of they plastic material shall remain constant through four reheatLfts; a d .shall be the same from batch to batch. 'There shall be mo obvious obasige in color of the material as a result of a number o=f Mises or from batch to batch. C. The pigmented binder shall be well dispersed and ;tree from all shins, dirt, foreign objects, or such ingredients as vAll cause bleeding, staining or discoloration. r • 24 PM KM CORP. / HOUMACHER, McLENOON 6 MURREU, P.C. COMMT1M0 04MMUM AND OMWWMEMRAL KIOMM THERMOPLASTIC PAVEMENT MARKINGS — CONT'D . D. The binder shall consist of a mixture of non-drying synthetic resins at least one of which is solid at room temperature. The total binder content of the thermoplastic compound shall be not less than twenty percent (20%) and sufficient to hold the exposed beads securely in place without the beads abrading off. E. The filler to be incorporated with the .resins as binder shall be a white calcium carbonate- or approved alternate with a minimum compressive strength of five thousand pounds (5;000 lbs. ) per square inch. F. Specific gravity of, the materials shall be between 1.9 and 2. 1 at 25 degrees centigrade. G. The percentage of pigments for white and yellow thermoplastic shall be between 10% and 151%.., N. The softening point (ASTM E 28 Test). 0all be a minimum of 90 or as the Engineer approves . ., I. Reflectorized beads (Fed. Spec. TT-P+85) shall be employed in the material to the extent of not less than twenty percent (201%) a nor more than 30 percent (301%) by weight of material. The glass beads used in the formulation shall have refractive indexes of not less than 1.50 when tested by the liquid method at 25 degrees centigrade; shall consist of 90;6 min. by count of water white true spheres and shall be free from air inclusions. The beads shall have the following gradation unless the Engineer approves alternate sizes: U.$, Sieve No. Maximum Percent Passing 30 601% 50 15% 100 0% Not less than 90% of the spheres shall meet the following require- ments: 1. The surface of the spheres shall be smooth, 'lustrous and free from film, scratch and pits. a PM - 2 of 5 25 HZM COW. / H"AAGHER. Md DON 6 MURMMI.P.G. oONWL"NO Wo HURL Iwo tlWMNMarAL 800MM THERMOPLASTIC PAVEMENT MARKINGS - CONT'D. • 2. The spheres shall be clear and transparent and shall not be ovate in shape or fused spheroids and shall meet ASTM X1155 speci- fications. Y 3. The spheres shall show high autocollimating efficiency. Not more than 1% shall be black, amber or milky. The compound shall not deteriorate by contact, with sodium chloride, cilcium chloride, or other chemicals used against formation of ice on roadways or streets or because of the oil content of pavement materials or from oil drip- ping from traffic. J. Topdressing beads shall be beads with a refractive index of 1.50 and the same specifications as above in Paragraph 1. Paymentfor these beads shall be included in the cost of thermoplastic material K. The night-time visibility and reflectivity of the white and yellow thermoplastic lines shall be at least .equivalent to reflectorized painted traffic lines having six pounds per gallon d=rop on beads of 1.5 index of refraction after each "has been applied side by side on heavily traveled roads for one month. • 12.3 - INSTALLATION PROCEDURES A. Layout for the installation of pavement markings will be performed by the Contractor. In the event resurfacing is completed at a time when the thermo- plastic cannot be applied, the Contractor shall install temporary painte lines as directed by the Engineer. The Contractor shall install re- quired permanent thermoplastic lines when the road surface is the appropriate temperature. The Contractor in submitting his bid, hereby agrees that he shall have no claim for any damages due to with delay ®cher than extended time to complete the work. Application f6rr *xteu- s en of time shall be filed by the Contractor with the iiugisoer at least 15 days prior to the contract date of completion. -The cam# of any required temporary :painted lines shall be included in the unit price bid for Item 12. B. Installation procedures for thermoplastic materials shall be in accordance with the following; 1. Before any work is began, a schedule of opegati sha11 be submitted for the approval of the Engineer. Signs, oemmand other traffic control devices necessary to conform maintenance of traffic operations to the New York State Manual of Uniform Traffic Cent-cel Devices shall be on hand for the Engineers inspection prier to the start of work. 26 Pel - 3 of 5 HM CORP. / HOLZMACHER. McLEN00N 6 BURR" P.C. commit o amumant MO n"ROMMatK 90UMM THERMOPLASTIC PAVEMENT MARKINGS - CONT'D. 2. Material shall be applied to the pavement at material temper- ature no lower than 360OF nor higher than 4200F. Installation shall be done only in seasonable weather, in accordance with good practice j and in accordance with the manufacturer's recommendation. Immediately after application of the thermoplastic, drop on glass spheres (top- dressing beads) shall be mechanically applied while the thermoplastic is still sufficiently molten, such that the spheres will be held by and mechanically imbedded in the surface of the material, in order to provide immediate night reflectivity. 3. The material shall be placed in accordance with the layout lines marked by the Contractor and shall conform as closely as possible to these layout marks. 4• Cleaning Equipment - Equipment must be provided to insure . removal of dust, debris, and other.,foreign...matter from the road surface immediately prior to the installation of the thermoplastic. S. Condition of Pavement - The pavement shall be dry and free from oil, dirt, grease or other foreign contaminants at the time of instal- lation and the pavement temperature shall ' be above 550F and ambient temperature shall be 450F and rising. 6. Equipment for Melting and Heating Thermoplastic Material - A special kettle mounted on a mobile unit is required for melting and heating the material. Such equipment shall incorporate the following features : The kettle shall be of sufficient capacity to satisfy the minimum installation requirements of the material as specified hereafter; The kettle shall provide means of heating the material by means of thermo- statically controlled heat transfer liquid rather than by direct flame, so as to provide positive temperature control and prevent overheating of the material; suitable temperature gauges to indicate Liquid and material temperatures at all times shall be provided in the kettle; The kettle shall provide means of continually agitating the material while the material is being heated; the kettle shall have means of rapidly and efficiently discharging the liquid material into appro- priate application equipment; the kettle shall be equipped and con- structed in such a manner so as to satisfy the requirements of. the National Board of Fire Underwriters and the appropriate agencies of. the State of New York. T. Application Equipment - Equipment shall be provided to place the material on the pavement as a finished line. The portable 49 hand operated applicator shall include the following features: PM - 4 of 5 27 H204 OORP. / HOLZMACHER. McLENDON 6 MURRELL, P.C. OONVAnNO OWNUM ANO [Tmwmmoax Womo" THERMOPLASTIC PAVEMENT MARKINGS - CONT'D. ' The applicator shall provide agitation for the material prior to its actual installation; the applicator shall provide means of maintaining the material at its proper application temperature(not .lower than 360OF nor above 4200F) ; the applicator shall be equipped with an extrusion shoe (die) that shall maintain uniformity of speci- fied width, and thickness of not less than 3/16-inch of generally. uniform cross-section. The shoe(s) or die(s) shall be made available to the Engineer for inspection prior to the start of work; the appli- cator shall provide a means of cleanly cutting off the ends of each length; the applicator shall be capable of providing lines of vari- able widths from 4-inches to 12-inches by use of interchangeable parts ; the applicatok shall be easily maneuverable and so constructed as to permit application of curved lines; the applicator shall be provided wig a bead dispenser cirpabie of uniformly dispensing reflective glass spheres (topdressing) at controlled rates of flow. The bead dispenser shall. be automatically operated in such a manner that it will only dispense beads while the material is being applied. The beads shall be dispowed at a Fate of not less than one pound per 16-square feet of material. Equivalent to 1 pound per 48 L.F. of 4-inch line. The ap- plieaterx shall be equipped and constructed in such a masher so as to satisfy the requirements of the National Board of Fire Underwriters and the appropriate agencies of the State of New York. In addition, a truck mounted mobile applicator may be used for the installation of longitudinal lines. This pavement marking machine shall combine the specifications of the above described kettle and applicator in one self- contained unit. 12.4 - BASIS OF PAYMENT Payment shall be made under Item 12 at the price bid for the actual number of linear feet of four-lath-wide pavement marking statertal measured along the center of the surface stripe. No paymea-t will be made for the number of linear feet of space in the dashed line. payment for markings wider than four inches will be made at .centract priee- per foot of the four-inch line multiplied by the actual width is inches divided by four. Payment for arrows shall be made as equivalent to 50 feet of four-inch line per arrow. This item will be paid for at the contract unit prUm per linear feet of four-inch-wide pavement marking. The unit price shall inelnde lull eompensation for furnishing all material, ogatpaeet, labor, and incidentals necessary to satisfactorily complete the werk. All material includes topdressing beads. i 28 PM - 5 of 5 HOLZMACHER. MCLENDON 6 MURRELL,P.C. wwMxnw cwwteM EMVMOMYEMtK•pENrNn.w�UW11[M ADDITIONAL EXCAVATION AND BACKFILL ITEM 14 1.4.1 - SCOPE The work includes the furnishing of all labor, materials, equip- ment and appliances necessary to perform, stockpile and dispose of additional excavation, furnish and place additional selective backfill, perform and dispose of rock excavation in accordance with the speci- fications as ordered by and to the approval of the Engineer. 14.2 - STOCKPILING OF SURPLUS MATERIALS The Contractor- shall stockpile all materials that are excess from excavations that are suitable for reuse under this section of the specifications. The excess materials from excavations shall be stock- piled on property provided by and at the expense of the Contractor. When ordered by the Engineer to provide backfill, the Contractor shall utilize all of the material stockpiled prior to furnishing "addi- tional backfill", for which separate payment .will be made. At the completion of construction, all excess materials stock- piled will become the property and responsibility of the Contractor. There shall be no payment for maintenance of the stockpile herein described nor shall there by payment for rehandling any materials in the stockpile to incorporate it into the work. Payment shall be made only for the additional excavation required, if any, to remove unsuit- able materials from beneath normal, excavation lines. 14.3 - DESCRIPTION Wit .oral Batcktiil - Shall, consist of crushed stone or bank run sa and, gravel, free from organic or other unsuitable material, and of approved size, grade and quality for use as indicated on the plans where directed by the Engineer. Prior to use, the Contractor shall., submit for Engineer-'s approval, a sieve analysis of the special. backfill. The material shall be of such size that not more than 70 percent by weight shell pass the No. 40 mesh sieve and not more than 15 percent by weight shall pass the No. 200 mesh sieve. i 14. 3.2 - Ad 4 tional Excavation - Shall consist of .the removal and dispose o any unsuitable roun atlon material encountered during any pavement construction. Suitability of. various materials as a foundation material will be decided by the Engineer. 6 2 AE&B 1 of 3 29 HOLZMACHER.McLENDON&MURRELL.P.C. CpME{KfMq EN91MlEM.iNVM10N1MM�EL EGIENiN1f.M1AMNdE ADDITIONAL EXCAVATION AND BACKFILL (CONT'D. ) 14. 3. 3 - Rock Excavation - Shall be classified as boulders, hard and solid ledge rock and other similar materials of more than one-half cubic yard (h c.y. ) volume. 14.4 - PLACING ADDITIONAL BACKFILL Additional backfill shall be spread in layers not exceeding 6-inches in thickness and shall be thoroughly compacted to prevent settlement. Any settlement in the finished work shall be made good by the Contractor at his own cont and expense. 14.5 - BASIS OF PAYMENT Paymewt will be made at the unit prime: bid under Item 14A for the actual number of cubic yards of Additional Backfill as explained in Section 14.3.1, for additional selective backfill as ordered by the Engi- neer that is not already stockpiled by the Contractor for work ordered by the engineer outside the prescribed limits as detailed on the plans or i-ndicated in the specifications. No measurement and payment will be made or additional backfill used in unauthorised areas. The price b d .per cubic yard for additional badkfill shall include necessary ex- cavation and disposal and shall cover the cost of all materials and expenses incidental to the furnishing, placing and compacting the addi- tional backfill in the completed work, in accordance with the specifica- tions, or the Engineer' s directions. Bids on Item 14A shall not be less than $2:00 nor more than $10.00 per cubic yard. Payment will be made under Item 14B at the unit price bid per cubic yard for additional excavation for the actual number of cubic yards removed below subgrade. Additional excavation shall be perform" only when autheria-ed by the Engineer-. Bids on Item 14B shall not be less than $2.00 nor more than $10.00 per cubic yard. Payment for rock excavation will be made at the unit :pri bid for Item 14C and shall, be for the. actual number of .cubic yam of loo" .rock or b 1, that must be removed in order to provide. tbo #00"V subbase for pavement instruction. in, the excavation for pavenest*,4 on, the unit price to:be paid for the rock excavation shall, be the additional cost per cubic yard for rock excavation. So payment shall be made nor shall, measurement be made b any nock or boulder removed which did not exceed one-half cubic yard ( c.y. ) 6 in volume. AE&B - 2 of 3 30 ti2ftHOLZMACHER, MCLENDON&MURRELL,P.C. pom"T*4 ENMNEENL INrN OWANTM O M WISTS M 11/1 Wft ADDITIONAL EXCAVATION AND BACKFILL (CONT'D. ) Bids on Item 14C shall not be less than $3.00 nor more than $50.00 per cubic yard. Payment under these Items shall include furnishing all labor, mate- rial, equipment and incidentals necessary to perform additional excava- tion, furnish and place additional backfill and perform rock excavation. e 6 2 AE&B - 3 of 3 31 HOLZMACHER, McLENDON 6 MURRELL. P.C. / H2M CORP. cON3ULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS ASPHALT CONCRETE TRUING AND LEVELING COURSE ITEM 51-TL 51. 1 SCOPE Under this Item the Contractor shall furnish and place a truing- up or leveling course over the existing pavement surface in accordance with the provisions of Item 51-TL of the "SUFFOLK COUNTY PUBLIC WORKS S@ECIFICATIONS OF NOVEMBER 1, 1968% as amended. 51.2 BASIS OF PAYMENT The unit price bid per ton for this Item shall include the cost of furnishing all materials, labor and'equipmeht necessary to construct the truing and leveling course, as required by the Plans and as ordered z by the Engineer. 1 k Q 1 32 ACTL - 1 of 1 HOLZMACHER, McLENDON d MURRELL. P.C. / H2M CORP. CONSULTING ENGINEERS ANC ENVIRONMENTAL SCIENTIM ASPHALT CONCRETE, TYPE lA (TOP COURSE) , ITEM 51-FZ a 1.0 - SCOPE Under this Item the Contractor shall furnish and place a one- course layer of top mix to the required thickness as shown on the plans, in accordance with the provisions of Item 51-FZ of the "SUFFOLK COUNTY PUBLIC WORKS SPECIFICATIONS OF NOVEMBER 1, 1968", as amended. 1. 1 - BASES OF PAYMENT The unit price bid per ton for this Item shall include the costs for all labor, equipment and materi4ls necessary to construct the top course as required by the Plans and these Specifications. Included in the unit price bid for this Item shall be thO cost to construct all re- quired "V" grooves and the cost to thoroughly sweep clean the existing roadway surface prior to any paving operations. 0 1 z 33 ACTC - 1 of 1 HOLZMACHER, McUND©N 6 MURREU, P.C. / H2M CORP. CON3ULTINO ENGINEER!{ ANO ENVIRONMENTAL SCIENT M INDEMNITY, LIMITATION OF LIABILITY 1 . INDEMNITY y The Contractor and all sub-contractors performing work in connection with this contract shall HOLD - HARMLESS, INDEMNIFY and defend the OWNER and ENGINEER, their consultants, and each of their officers, agents and employees from any liability, claims, losses or damage including reason- able costs of defense arising out of or alleged to arise from the Con- tractor' s or sub-contractor's negligence in the performance of the work described in the Contract documents, but not including liability that may be due to the sole negligence of the OWNER, ENGINEER or their officers, 1 agents and employees. 2. LIMITATION OF LIABILITY The Contractor and all sub-contractors agree to limit the liability of the OWNER and ENGINEER due to the Engineer' s professional negligent errors or omissions such that the total aggregate liability of the engineer to those named shall not exceed fifty thousand ($50,000 . ) dollars, or 5% of the contract award amount, whichever is greater. 1 0 0 ILL 1 of 1 "ULLMMMLM, MClLj4L^, " 01 ,wvnn&LA, r.k. / IVA— W..r. CONSUMNO ENGINELR• ANO EmviRONMENTAI SCIENTIST! CONTRACT CONTRACT IN QUADRUPLICATE FOR AT TOWN OF SOUTHOLD, SUFFOLK COUNTY , NEW YORK , dated , 19 , BY AND BETWEEN THE TOWN BOARD OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY , NEW YORK, (herein called the "Town, " and (herein called the "Contractor" ) . WITNESSETH , that the Town and the Contractor, in consideration of the premises and of the mutual covenants , considerations and agreements 1 herein contained , agree as follows: { This Contract is hereby awarded to the Contractor for the work and material called for under his bid in the Proposal section of the Contract and designated as Items: and if required by the Consulting Engineer, Items: for the sum of: Dollars for the unit and/or lump-sum price(s) as listed in the Proposal herein. C-1 HOLZMACHER. MCLENDON & MURRELL. P.C. / H2M CORP. CDNOULTINO ENGINEERS AND ENVIRONMENTAL SCIENTIST! CONTRACT - CONT' D. 1 . CONTRACT DOCUMENTS AND DEFINITIONS The Notice to Bidders, Information for Bidders, Proposal, General Conditions, Contract , Specifications and Plans, together with any Addenda , shall form part of this Contract , and the pro- visions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. The titles, headings, head- lines 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 Docu- ments" is used, it shall. mean and include this Contract , the Plans, Specifications, any Addenda , and the Notice to Bidders, Information for Bidders, General Conditions and Proposal. In case of any con- flict or inconsistency between the provisions of the Contract and those of the Specifications, the provisions of the Contract shall govern. WORK: The ' term "Work" , as used herein, refers to 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 completed project , and includes all plant , labor, materials , supplies, equipment and other facilities and acts necessary or proper for or incidental to the carrying out and completion of the terms of this Contract . The term "work performed" shall be construed to include material delivered to and suitably stored at the site of the project. EXTRA WORK: The term,"Extra Work" , as used herein, refers to and includes all work required by the Town which, in the judgment of the Engineer, involves ,changes in or additions to work required by the Plans, Specifications and any Addenda in their present form. SUBCONTRACTOR: The term "Subcontractor" , as used herein, shall mean any person, firm or corporation applying labor and material for work at the site of the project , but not including the parties to this Contract. ENGINEER: In the performance of the work, the Town shall be represented by its Consulting Engineer HOLZMACHER, McLENDON & MURRELL, P.C. , (herein called the "Engineer") . C-2 HOLZMACHER, McLENDON & MURRELL. P.C. / H2M CORP. CON3ULTINO ENGINEEAS AND ENVIRONMENTAL BCIENTIS" CONTRACT - CONT' U. 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 the last known business address of, the person, firm or corporation for whom intended or to his, their, or its duly authorized agents, representatives or officers, or when enclosed in a postage prepaid wrapper or enve- lope addressed to such person, firm or corporation at his, their, or its last known business address and deposited in a United States Mail Box. 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, designa- tion or prescription of the Engineer, and "approved", "satisfied" , or "satisfactory" , "in the judgment of" , and words of like import, shall mean approved or acceptable to, or satisfactory to, in the judgment of the Engineer. 2. SCOPE OF THE WORK The Contractor will furnish all plant , labor, material, 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 the Contract . 3. COMPENSATION TO BE PAID TO THE CONTRACTOR (a) Agreed Prices: It is understood and agreed that the Con- tractor 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 reason of variations from the estimated quantities set forth in the Proposal. (b) Extra Work and/or Changes: The Town 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 : C-3 WX2MACHER, McMDON & MURR" P.C. / H2M CORP. COMUMNO ENGINMS ANO EHVIIIONMMrAI GaEiMS" CONTRACT - CONT'D. (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 prices or by a lump sum mutually agreed upon by the Town and the Con- tractor, or (3) If no such unit prices are 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, or 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 percent (20%) as full compensation for all other items of profit , costs and expenses, including administration, overhead, superintendence, insurance, insurance other than Workmen 's Compen- sation Insurance, material used in temporary structures, allowances made by the Contractor to subcontractors, additional premiums upon the Performance Bond of the Contractor and the use of small tools. 4 . TIME OF ESSENCE Inasmuch as the provisions of this Contract relating to the time for 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 pro- visions are of the essence of this Contract. 5. COMMENCEMENT OF WORK The Contractor agrees that he will commence work within ten <10) consecutive calendar days after signing this Contract, and that the day he commences work shall constitute the first of the consecutive calendar days allowed for completion of the work. C-4 HOLZMACHER, MCLENDON&MURRELL, P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT'D. 6. TIME FOR COMPLETION The time for completion of this Contract shall be within the number of calendar days stated in the Bid Proposal and the date of such complbtion shall be the date of the certificate of com- pletion hereinafter specified. The Town reserves the right to order the Contractor to suspend operations when, in the opinion of the Engineer, impro- per weather conditions make such action advisable, and to order the Contractor to resume operations when weather and ground con- ditions permit. The days during which such suspension of work is in force are not chargeable against the specified completion time. 7. LIQUIDATED DAMAGES FOR DELAY The time limit being essential to and of the essence of this Contract , the Contractor hereby agrees that the Town 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 two hundred and fifty dollars ($250.00) per day 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 Town 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, provided, however, that the Town 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 completign of his 4 work by reason of unforeseeable causes beyond his control and with- 2 out his fault, or negligence, including but not restricted to Acts .of God or of any public enemy, acts or neglect of the Townr acts or neglect of any other Contractor, fires, floods, epidemics, quarantine restrictions, strikes, riots, civil commotion or freight embargoes, the period herein above specified for completion of his work shall be extended by such time as shall be fixed by tete Town. No such extension of time shall be considered a waiver by the Town of its right to terminate the Contract for abandonffitnt or delay by the Contractor as hereinafter provided or relieve the Contractor from full responsibility for performance Of his obliga- tions hereunder. C-5 RT HOLZMACHER. MCLENDON & MURRELL. P.C. / H2M CORP. CONSULTING ENGINEER• AND ENVIR0HME?1TAL SCIENTIM CONTRACT - CONT' 1). 9. CONTRACT SECURITY (a) 'Phe Contractor shall furnish a Performance Bond in an amount equal to one hundred percent ( 100`,yo) of the total. contract price as security for the faithful performance of this contract , and for the payment of all persons performing labor or furnishing mater- ials in connection with this Contract . (b) Additional or Substitute Bond : If, at any time, the Town shall be or become dissatisfied with any surety or sureties, then upon the Performance Bond, or if , for any other reason , such bond shall cease to be adequate security to the Town , the Contractor shall , within five (5) days after notice from the Town, substitute an acceptable bond in such form and sum, and signed by such other surety as may be satisfactory to the Town . The premiums on such bonds shall be paid by the Contractor. No further payments shall be deemed due, nor shall be made until the new surety shall have been qualified. (c) Prior to release of the Performance Bond, the Contractor shall deliver 'to the Town a Maintenance Bond equal to one hundred percent (100%) of the total Contract price, including all extras. This Maintenance Bond shall remain in full force and effect for a period of one (1 ) year after the date of the final certificate and such bond, which shall be executed by the Contractor and issued by a reliable, solvent surety company authorized to do business inthe State of New York shall guarantee to the Town that the Contractor shall promptly remedy any defects or faults that may occur within twelve (12) months after completion and acceptance of the work performed by the Contractor pursuant to this Contract . I 10. CONTRACTOR'S INSURANCE The Contractor shall not commence any work until he has obtained and had approved by the Town all of the insurance required under this Contract , as enumerated herein : Compensation Insurance Public Liability and Property Damage Insurance Contractor's Protective Liability and Property Damage Insurance A Owner's (Town of Southold) and Engineer's Pro- tective Public Liability and Property Damage Insurance Automobile Public Liability and Property Damage Insurance C-6 HOLZMACHER, MtLENDON 6 MURK" P.C. / H2M CORP. CON3ULTINO ENOINEEAS AND ENVIRONMENTAL SCIENTISTS CON'T'RACT - CONT' D. The Contractor shall not permit any subcontractor to commence any operation on the site until satisfactory proof of carriage of the above required insurance has been posted with, and approved by, the Town. (a) Compensation Insurance: The Contractor shall take out and maintain, during the life of this Contract , Workmen's Compensation Insurance for all of his employees employed at the site of the pro- ject , and in any case of any of the work being sublet, the Contractor shall require the subcontractor similarly to provide Workmen' s Com- pensation Insurance for all of the latter's employees, unless such employees are covered by the protection afforded by the Contractor. (b) Public Liability and Property Damage Insurance: The Con- tractor shall take out and maintain during the life of this Contract such Public Liability and Property Damage Insurance as shall pro- tect him and any subcontractor performing work covered by this Contract for 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 , whether such opera- tions be by himself or by any subcontractor, or by anyone directly or indirectly employed by either of them, and the amounts of such insurance shall be as follows : Public Liability Insurance in the amount not less Man Five Hundred Thousand Dollars ($500,000. ) for bodily injuries , including wrongful death to any one person, and subject to the same limit for each person in an amount not less than One Million Dollars ($1,000,000. ) on account ,of one accident. Property Damage Insurance in an amount not less than One Hundred Thousand Dollars ($500,000. ) for damages on account of any one accident and in an amount of not less than Two Hundred Thousand Dollars ($1 ,000,000. ) for damages on account of all accidents. (c) Liability and Property Damage Insurance: The above policies for public liability and property damage insurance must be so written as to include Contractor 's Protective Liability and Property Damage Insurance to protect the Contractor against claims arising from the operations of any subcontractor. C-7 HOLZMACHER. MCLENDON d MURRELL. P.C. J H2M CORP. CON3ULTINO ENGINEER& AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT' D. (d) Owner's and/or Engineers Protective Public Liability and Property Damage Insurance: (Town and/or Town Board, Town of Southold and/or 11olzmacher, McLendon & Murrell, P.C. ) The Con- tractor shall furnish to the Town with respect to the operations he or any of his subcontractors perform, a regular Protective Public Liability Insurance Policy for and in behalf of the Town and/or Town Board, Town of Southold and/or Holzmacher, McLendon & Murrell, P.C. , providing for a limit of not less than $500,000. for all damages arising out of bodily injuries to, or death of one person and subject to that limit for each person, a total limit of $1,000,000. for all damages arising out of bodily inju- ries to, or death of , two or more persons in any one accident ; and regular Protective Property Damage Insurance providing for a limit of not less than $500,000. for all damages arising out of injury to, or destruction of, property in any one accident and subject to that limit per accident a total (or aggregate) limit of $1 , 000,000. for all damages arising out of injury to, or des- truction of property during the policy period. The insurance must fully cover the legal liability of the Town and/or Town Board, .� Town of Southold as owner and/or Holzmacher , McLendon & Murrell, P.C. The coverage provided under this policy must not be affected if the Town and/or Engineer performs work in connection with the project either for , or in cooperation with, the Contractor or as an aid there- to, whether the same be a part of the Contract or separate there- from, by means of its own employees or agents, or if the Town and/or Engineer directs or supervises the work to be performed by the Contractor. L (e) Automobile Public Liability and Property Damage Insurance: The Contractor shall take"-out and maintain during the life of the Contract such automobile public liability and property damage insurance as shall protect him and any subcontractor performing work covered by this contract 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 Con- tract, whether such operations be by himself or by any subcontractor, or by anyone directly or indirectly employed by either of them and the amounts of such insurance shall be as follows: C-8 HOLZMACHER. MCLENDON & MURRELL. P.C. / H2M CORP. COWULTINO CNOINEERS AND ENVIRONMENTAL SCIENTIM CONT11ACT - CONT'D. ` Automobile Public Liability Insurance in an amount not less than Five hundred Thousand Dollars ($500,000. ) for bodily injuries, including wrongful death by any one person, and subject to the same limit for each person in an amount not less than One Million Dollars ($1,000,000. ) on account of one accident. Automobile Property Damage Insurance in an amount of not less than One Hundred Thousand Dollars ($100,000. ) for damages on account of any one accident and in an amount of not less than Two Hundred Thousand Dollars ($200,000. ) for damages on account of all accidents. 11 . PROOF OF CARRIAGE OF INSURANCE The Contractor shall furnish the Town with certificates of each insurer insuring the Contractor or any subcontractor under this Contract , except with respect to subdivision (d) of q Paragraph 10. In respect to this paragraph, the Contractor shall furnish the Town with the original insurance policy and a copy to the Engineer. Both certificates, as furnished, and the insurance policy, as required, shall bear the policy numbers, the expiration date of the policy and the limit or limits of liability thereunder. Both the certificates and the policy shall be further endorsed to provide the Town and Engineer with any notice of cancellation at least five (5) days prior to the actual date of such cancellation. C-9 HOLZMACHER, McLENDON b MURRELL. P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL BGIENTIM CONTRACT - CONT" D. 12. COMPLIANCE WITH LABOR AND PENAL 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 Laws, as amended, provide 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 con- templated by this Contract , shall be permitted or required to work more than eight (8) hours in any one 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, except in such emergency; that the wages to be paid for a legal day's work as hereinbefore defined, to laborers, workmen, or mechanics upon the work called for under this Con- tract , or for any materials 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 outside the limits of cities and villages are no longer exempt from the pro- visions of the Labor Law which required the payment of the pre- vailing rate of wages and the eight (8) hour day. Section 222 of the Labor Law, as amended by Chapters 556 and 557 of the Laws of 1933, provides that preference in employ- ment shall be given to citizens 01 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 satis- factory 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 Con- tractor 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 (30) days nor more than ninety (90) days, or both fine and imprisonment . C-10 HOIZMACHER. McLENDON 6 MURRELL. F.C. / H2M COMP. CONSULTINa ENGINEERS AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT'D. Section 220A of the Labor Law, as amended by Chapter 472 of the Laws of 1932, provides that before payment is made by or on behalf of the State or 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 sub- contractor to file a certified statement in writing, in satis- factory 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 Contract, 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 payment to any Contractor or subcontractor to the extent of the amount or amounts due or to become due to him for daily or weekly wages for labor performed i on the public improvement for which the Contract was entered into, or if, for any other reason, it may be deemed advisable, the Comptroller of the State or other financial officer of the j Municipal Corporation may deduct from the whole amount of any payment on account thereof the sum or sums admitted by any Contractor or subcontractor in such statement or statements so filed to be due and owing by him on account of labor per- formed 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 Con- tractor 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, recon- struction, maintenance and/or repair of highways to which the State, County, Town and/or Village is a party shall contain the provision stating the minimum rate of hourly wage that can be 6 paid, as shall be designated by the Industrial Commissioner, 2 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 C-11 HOLZMACHER, MGLENDON 6 MURR" P.C. J H2M CORP. CONOULTINO ENOINELRS AND ENVIRONMENTAL WENTISTS CONTRACT - CONT'D. 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 by both 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 or 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 Com- missioner, State of New York, for this Contract , are as set forth in the Information for Bidders. Section 1918 of the Penal Law, as amended, provides that 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 of 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 person, corporation or municipality conveying combustible gas, and if 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 disharge explosives to protect a person or persons from an immediate and substantial danger of death or serious personal in- jury if such notices are given before any such discharge is under- taken. Any such work shall be performed in such manner as to avoid damage to pipe conveying combustible gas. Any violation of the provisions of this Section shall be a misdemeanor. C-12 HOIZMACHER, McLENDON S MURRELL. P.C. / H2M CORP. CONSULTING ENOIHELAG AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT' h. 13. QUALIFICATIONS FOR EMPLOYMENT No person under the age of sixteen (16) years , and no person currently serving sentence in a penal or correctional institution shall be employed to perform any work on the project under this Contract . No person whose age or physical condition is such the to make his employment dangerous to his health or safety , or health and safety of others, shall be employed to perform any work on this project ; provided , however , that such restriction shall not operate against the employment of physically handi- capped persons, otherwise employable, where each person may be safely assigned to work which they can ably perform. 14 . NON-DISCRIMINATION There shall be no discrimination because of race, creed or color in the employment of persons for work under this Contract , whether performed by the Contractor or any subcontractor . Neither shall the Contractor or any subcontractor discriminate in any manner against or intimidate any employee hired for the perform- ance of work under this Contract on accoulit of race , creed or color. There may be deducted from the amount payable to the Con- tractor by the Town 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 Con- tract may be canceled or terminated by the Town and all monies due or to become due hereunder may be forfeited. 1.5. PAYMENT OF EMPLOYEES The Contractor and each of his subcontractors shall pay each of his employees engaged in work on this project tinder this Contract in full ( less deductions made mandatory by law) in cash and not less often than once each week . C-13 HOLZMACHER, MCLENDON S MURRELL.P.C. pONN1LTIN0 ENOINEEM.EMVNgNYENTK ECKNTNTt.nO l/INNEM CONTRACT - CONT' D. 16. ESTIMATES AND PAYMENTS (a) Monthly: At the end of each calendar month during the progress of the work, the Engineer shall make up an approximate estimate of the work done and the materials furnished, based upon the prices set forth in the Proposal. In consideration of the work done and the materials furnished, the Town will pay or cause to be paid to the Contractor the amount estimated by the Engineer as due him less a sum equal to five percent (5X) of such amount and less such additional amount as may be necessary to satisfy any claims, liens or judgments against the Contractor which have not been suitably discharged. The making of any such estimate or payment made thereon shall not be taken or construed as an acceptance by the Engineer or the Town of any work so estimated and paid for. The amount of the monthly estimate remaining unpaid will be retained by the Town as a guarantee that the Contractor will faithfully and completely fulfill all obligations imposed by the Contract and Specifications, and against any damages incurred by the Town by reason of any failure on the part of the Contractor to fulfill all conditions and obligations herein contained. All partial payments are subject to correction in any subse- quent payment. The retained amounts shall be paid as set forth in 16b. The Contractor shall receive payment within ten (10) days after the Town receives payment from the New York State Department of Transportation. r (b) Final Certificate: Thirty (30) days after the Contractor shall have substantially completed the work required of it under the Contract, the Engineer will prepare a final certificate of the remaining amount of the Contract balance less a sum equal to two (2) times the value of any remaining items to be completed and less an amount necessary to satisfy any claims, liens or Judgments against the items of work are satisfactorily completed or corrected, the Town shall promptly pay, upon receipt of a requisition for these items less an amount necessary to satisfy any claims, liens or judgments against the Contractor which have not been suitably discharged. Any claims, liens and judgments referred to in this section shall pertain to the project and shall be filed in accordance with the terms of the applicable Contract and/or applicable laws. The Contractor shall receive payment within ten (10) days after the Town receives payment from the New York State Department of Transpor- tation. (c) In order to secure the performance of the convenant of the Contractor, prior to release of the Performance Bond, the Contractor shall deliver to the Town a Maintenance Bond equal to one hundred percent (100X) of the total Contract price, including all extras. This Maintenance Bond shall remain in full force and effect for a period of one (1) year after the date of the final certificate and such bond, which shall be executed by the Contractor and issued by a reliable, solvent surety company authorized to do business in the State of New York shall guarantee to the 8 Town that the Contractor shall promptly remedy any defects or faults that 2 may occur within twelve (12) months after completion and acceptance of the work performed by the Contractor pursuant to this Contract. C-14 HOLZMACHER, MGLENDON & MURRELL. P.C. / H2M CORP. CONSULTING ENGINEER& AND ENVIRONMENTAL BCIENTIM CONTRACT - CONT' D. (d) Measurements for Payment : The Engineer shall make due measurement of the work done during the progress of the work and his estimate shall be final and conclusive evidence of the amounts of work performed by the Contractor under, and by virtue of , this agreement , and shall be taken as the full measure of compensation to be received by the Contractor. When requested by the Contractor, the Engineer shall measure , re-measure or re-estimate any portion of the work ; but the expense of such re-measurement or re-estimating shall , unless material error be proved , be paid for by the Contractor. 17. 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 Town from all claims and all liabilities to the Contractor for all things done or furnished in connection with this work and for every act and neglect of the Town and other relating to, or arising out of , this work, excepting the Contractor ' s claims for interest upon the final payment , if this payments be improperly delayed. No payment , however, final or otherwise, shall operate to release the Contractor or his sureties from any obligations under this Contract or the Performance Bond. 18. CONSTRUCTION REPORTS The Contractor shall, submit to the Engineer prior to the commencing of any work under this Contract a detailed schedule and plan of operation, indicating the manner in which the Contractor proposes to prosecute the work, and a time schedule therefore. 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 Contractor shall furnish the Engineer with periodic esti- mates for partial payments as required elsewhere in the Contract documents and, in addition thereto , will furnish the Engineer with a detailed estimate for final payment . Prior to being eligible to I receive 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 - f 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 other than the Town as may be required by such existing laws or regulations . C-15 HOLZMACHER, McLENDON 6 MURRELL. P.C. / H2M CORP. CON3ULTINO CNOINEEAB AND ENVIRONMQITAL BCI04TISTO CONTRACT - CONT' D. 19. INSPECTION AND TESTS All material and workmanship shall be subject to inspection, examination and test by the Engineer and other representatives of the Town at any time during the construction and at any and all places where manufacturing of materials used and/or construct- tion is carried on. Without additional charge, the Contractor shall furnish promptly all reasonable facilities , labor and materials neces- sary to make tests so required safe and convenient . If, at any time, before final acceptance of the entire work, the Engineer considers necessary or advisable an examin- ation 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 expenses of or 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 examin- ation and reconstruction in the manner herein provided for the payment of costs of. extra,work. The selection of laboratories and/or agencies for the in- spection and tests of supplies, materials or equipment shall be subject to the approval of the Engineer. Satisfactory documen- tary evidence that the material has passed the required inspec- tion and test must be furnished the Engineer prior to the incor- poration of the material in the work. Any rejected work shall be removed from the site of the project completely at the expense of the Contractor. C-16 HOl2MACHER, MGLENDON d MURRELL. P.C. / H2M CORP. coNsULTINa ENGINEERS AND ENVIRONMENTAL SCIENTIST'S CONTRACT - CONT- D. 20. 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 on the Plans shall have the same effect as if shown or mentioned respectively in both. In case of any conflict or inconsistency between the Plans and Specifications , the Plans shall govern. Any discrepancy between the figures and specifications shall be submitted to the Engineer, whose decision therein shall be conclusive. 21. SUBSURFACE CONDITIONS FOUND DIFFERENT Should the Contractor encounter subsurface conditions at the site materially differing from those shown on the Plans or indi- cated 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 Y 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 . z 22. CONTRACTOR'S TITLE TO MATERIALS No material or supplies for the work shall be purchased by the Contractor or by 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. 23 . SUPERINTENDENCE BY CONTRACTOR At the site of the work the Contractor shall employ a Con- struction Superintendent or foreman who shall have full authority to act for the Contractor. It is understood that such represen- tative 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. C-17 HWMACHER. McLENDON 6 MURRELL. P.C. / H2M CARP. COMULTINO ENGINEERS ANO ENVIRONMENTAL SCIENTISTS CONTRACT - CONT' D. 24 . PROTECTION OF WORK PERSONS AND PROPERTY t Precaution shall be exercised at all times for the proper protection of all persons , property and work. The safety pro- visions 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 olthe extle ent that such provisions are not in contravention of app The Contractor shall furnish entirely at his own expense any and all additional safety measures deemed necessary by the Town or its Engineer to adequately safeguard the traveling public . The Contractor shall give notice to the owners of all utilities which may serve the area and request their assistance in pre- determining the location and depth of the various pipes , conducts , manholes and other underground facilities . The Contractor shall, at all hours of the day , safely guard and protect his own work and adjacent property from anyor nor damage and shall replace or make good any such damage, losstly injury cts documents , orsuch be ebydthe cTown boreits rcontained dulyauthorrized the Contratra representatives . The Contractor shall provide and maintain such watchmen, barriers , lights , flares and other signals , at his own expense, as will effectively prevent any accident in consequence of his work for which the Town might orliable. The Contrhisactor shall be liable for all injurydamage or neglect, or that of his employees: 25. PATENT RIGHTS As part of his obligation hereunder and without any ad- ditional compensation, the Contractor will pay for anypatent fees or royalties required in respect to the work or any part thereof and will fully indemnify the Town for any loss on account of any infringement of any patent rights , unless prior to his use in the work of a particular process or a product of a particular manufacturer, he notifies the Town in writing . process or product is an infringement of a patent. ti that such C-18 HOLZMACHER, MCLENDON 6 MURRELL. P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTIM CONTRACT - CONT' D. 26. REPRESENTATIONS OF CONTRACTOR P' The Contractor represents and warrants: (a) That he is financially solvent and that he is experienced in and competent to perfrom 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 lie is familiar with all Federal , State and Municipal Laws , 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 it is intended and that such construc- tion 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 investigation he has satisfied himself as to the nature and location of the work, the character, location, quality and quantity of surface and sub- surface materials , structures and utilities likely to be encountered, the character of equipment, and other facilities needed for the performance of the work, the general local conditions which may in any way affect the work or its performance. I 27. 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 all 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 d her questions in connection with the work. Upon request , the Engineer shall confirm in writing any oral orders, directions , requirements or determinations . The enumeratioi herein or elsewhere in the contract documents of particular instances in which the opinion, judgment, 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 so performed, but without exception all the work shall be governed and so performed. C-19 � - HOLZMACHER, McLENDON 6 MURRELL,P.0 U . L 44 CONSVLT1NG EN01NEENS.ENV11101/YENTAL IOENTNITS-d ftANNEPS CONTRACT - CONT' D 28. SURVEYS t The Engineer will furnish the Contractor with the benchmarks necessary to complete the work. All further layout of lines and grades will be the responsibility of the Contractor.. 29. CHANGES AND ALTERATIONS The Town reserves the right to make alterations in, the location, line, grade, plans, form or dimensions of .the workf or any part thereof, either before or after the commencement of the construction. If such alterations diminish the amount of work to be done, no claim for damages or' antici.pated 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 4L at the prices for such work as contained in the schedule of prices. 30. CORRECTION OF WORK All work and all materials, whether incorporated into the work or not, all processes of manufacture and all methods of con- struction shall be, at all times and places, subject to the in- spection 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. Rejected materials shall im- mediately be removed from the site. 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 judgment of the Engineer, shall be equitable. The Contractor expressly warrants that his work shall be y free from any defects in materials or workmanship, and agrees 2 to correct any defects, settlements, or shrinkages which may appear within one year following the date of the final certi- ficate. Neither the acceptance of the completed work nor SOHT C-20 81-01 HOLZMACHER, MGLENDON 6 MURRELL. P.C. / H2M CORP. CONSULTING ENGINEER$ AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT' D. payment therefor shall operate to release the Contractor or his sureties from any ot)ligations under or upon this Contract or the Performance Bond. 31. WEATHER CONDITIONS In the event of temporary suspension of the 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 materials shall have been damaged or injured by reason of the failure on the part of the Contractor or any of his subcontractors to protect his , or their work, such work and materials shall be removed and replaced at the expense of the Contractor. 32. THE TOWN' S RIGHT TO WITHHOLD PAYMENTS The Town may withhold from the Contractor so much of any approved payments due him as may , in the judgment of the Town, 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 Town from loss. due to defec- tive work not remedied, or (c) To protect the Town from loss due to injury to persons or damage to the work or property of other contractors or subcontractors or others, caused by tle act or neglect of the Contractor or any of his subcontractors . The Town stall have the right , as agent for the Contractor, to apply any such amounts so withheld in such manner as the Town may deem proper to satisfy such claims or to secure such protection. Such application of such money shall be deemed payments for the account of the Contractor. C-21 NOLZMACNER. MGLENDON 6 MURRELL. P.C. / M2M CORP. CON3ULTINO ENOINEEAS ANO ENVIRONMENTAL SCIENTIST? CONTRACT - CONT' D. 33. THE TOWN 'S MIGHT TO STOP WORK OR TERMINATE CONTRACT: Ir, t (a) The Contractor shall. be adjudged bankrupt or make an assignment for the benefit of creditors , or (b) A receiver or liquidator shall be appointed for the Contractor for any of his property and shall not be dismissed within 20 days after such appointment , or the proceedings in connection therewith shall not be stayed on appeal within the said 20 days , or (c) The Contractor shall refuse or fail , after notice or warning from the Engineer, to supply enough properly skilled workmen or proper materials, or (d) The Contractor shall refuse or fail to prosecute the work or any part thereof with such diligence as will insure its completion within the period herein specified (or any duly authorized extension thereof) or shall fail to complete the work within said period , or (e) The Conti-actor shall. fail to make prompt payment 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 provision of this Contract , then, and in any such event , the Town, without prejudice to any other rights or remedy it may have, may by seven (7) days notice 'to the Contractor, terminate the employ- ment of the Contractor and"his rights to proceed either as to the entire work or (at the option of the Town) 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 Town may deem expedient . In such case, the Contractor shall 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. C-22 rnA..uwn,.r,Ln, MI;L.Lnuv" a MunntlA, r.l.. / rum tA."r. CON3UITINO ENOINEEA• AND ENVIRONMENTAL SCIENTIM CONTRACT - CONT' U. If such expense shall exceed the unpaid balance, the Contractor and his sureties shall be liable to the Town for such excess . W If the right of the Contractor to proceed with the work is so terminated, the Town 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 Town does not so terminate the right of the Contractor to proceed, the Contractor shall continue the work. 34. CONTRACTOR' S RIGHT TO STOP WORK OR TERMINATE CONTRACT If the work shall be stopped by order of the Court or any other public authority, for a period of three months without act or fault of the Contractor or of any of his agents , servants , em- ployees or subcontractors , the Contractor , may, upon ten (10) days notice to the Town, discontinue his performance of the work and/or terminate the Contract , in which event the liability of the Town to the Contractor shall be determined as provided in the paragraphs immediately preceding, except that the Contractor shall not be obligated to pay to the Town any excess of the expense of completing the work over the unpaid balance of the compensation to be paid to the Contractor hereunder. 35. RESPONSIBILITY OF WORK t The Contractor agrees to be responsible for the entire work embraced in this Contract until its completion and final acceptance, and that any unfaithful or imperfect work that may become damaged from any cause, either by act of commission or omission to properly guard and protect the work that may be dis- covered at any time before. the completion and acceptance shall be removed and replaced by good and satisfactory work without any charge to the Town 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 of any work by the Engineer at or before the time of a partial payment -or other estimate shall not be construed to be an acceptance of any defective work. C-23 HOLZMACHER. MCLENDON & MURRELL, P.C. / H2M CORP. CON3ULTINO ENGINEERS AND ENVIRONMENTAL SCIENTIST! CONTRACT - COW, D. 36. USES OF PREMISES AND REMOVAL OF DEBRIS �. The Contractor expressly undertakes at his own expense: (a) to take every precaution against injury to persons or damages to property ; (b) to store his apparatus , materials , supplies and equip- ment 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 ; or other contractors ; (c) to place upon any of the completed work only such super- imposed loads as are consistent with the safety of that portion of the work ; (d) 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 and orderly and workmanlike appearance ; (e) before final certificate, to remove all surplus material, temporary structures , plants of any description and debris of any and every nature resulting from his operations and to put the site in a neat and orderly condition . 37 POWER OF THE CONTRACTOR TO ACT IN AN EMERGENCY In case of an emergency which. threatens loss or injury to property and/or safety to life, the Contractor will be permitted to act as he sees fit without previous instructions from the En- gineer. fie shall notify the Engineer thereof immediately there- after 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 in- structed 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. C-24 nULL/MAI;HtH. MCLLMLK)f4 & MUKHGLL. r.L;. / HLM uMI-- CONSULTINO ENGINEER$ AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT" 1). 38. SUITS AT LAW The Contractor shall indemnify and save harmless the Town from and against all suits , claims , demands or actions for any injury sustained or alleged to be sustained by any party or parties in connection with the construction of the work or any part thereof, or ally commission or omission of the Contractor , his employees or agents or any subcontractors and in case any such action shall be brought against the Town, the Contractor shall immediately take care of and defend the same at his own cost and expense. 39. 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 be read and 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 forthwith be physically amended to make such insertion. 40. 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 obtain- ing the written consent of the Town. This Contract shall endure to the benefit of and shall be binding upon the parties hereunder and upon their respective successors and assigns , but neither party shall assign or transfer his interest herein in whole or in part without consent of the other. 41. WAIVER OF IMMUNITY If any person, corporation, or body contracting with the Town, who when called before a grand jury , head of a city department , or other agency, which is empowered to compel the attendance of wit- ness and examine them under oath, to testify in an investigation concerning any transaction or contract had with the state, any polit- ical subdivision thereof, a public authority or with any public department , agency or official of the state or of any political sub- division thereof or of a public authority, refuses to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant question concerning such transaction or contract , then C-25 CON3ULTINO ENGINEEAi AND ENVIRONMC NTAL BCIENTIST9 CONTRACT - CONT' 1). (a) such person , and any firm, partnership or corporation of which he is a member, partner, director or officer shall be disqual- ified from thereafter selling to or submitting bids to or receiving awards from or entering into any contracts with any municipal corp- oration or fire district , or any public department, agency or official thereof, for goods , work or services , for a period of five years after such refusal (b) any and all contracts made with the Town or any agency or official thereof, 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 Town 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. v` C-26 HCkLMACHLH, MCLLNLIUN 6 MUHHLLL, r-U- / r1[m u1nr. CONSULTING ENGINEEA! AND ENVIRONMENTAL SCIENTIfT] CONTRACT - CONT" D. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. TOWN OF SOUTHOLD BY: (TOWN SEAL) William R. Pell III , Supervisor (SEAL) Contractor BY : TITLE: STATE OF NEW YORK ) ) ss: COUNTY OF SUFFOLK ) On the day of_ 19__, before me personally came William R. Pell III , to me known, who being by me duly sworn, did depose and say that he is the duly elected Supervisor of the Town of Southold, County of Suffolk , New York , and that at a meeting of the Town Board of the Town of Southold, duly held on the day of 19 the said Board, authorized the said Super- visor to execute all and any contracts on behalf of the Board; that he knows the seal of the said Town, that the Seal affixed to the foregoing instrument is its corporate seal ; that it was affixed thereto by order of the said Board , and that he signed his name thereto and executed the said instrument on behalf of the said Town by like order and authority . NOTARY PUBLIC C-27 I/H�Iw/\VIIVI\ n1\.W\WI• YI I\+VI\I\L♦+.. I .�. / I I�•w W.\I CONSULTING ENGINEER• AND ENVIRONMENTAL SCIENTIST] CONTRACT - CONT'D. ACKNOWLEDGMENT OF CONTRACTOR, IF A CORPORATION STATE OF NEW YORK) ) SS: COUNTY OF ) On this day of 19 before me personally came and appeared to me known, who by me being duly sworn, did depose and say that he resides at that he is the of the Corporation described in and which executed the foregoing in- strument , that lie knows the seal of said corporation, that one of . the seals affixed to said instrument is such seal , that it was so affixed by order of the Directors of said corporation, and that he signed his name thereto by like order. NOTARY PUBLIC ACKNOWLEDGMENT OF CONTRACTOR IF A PARTNERSHIP STATE OF NEW YORK) SS: COUNTY OF ) Y On this da of 19 before me personally came and appeared to me known, and known to me to be one of the members of the firm of described in and who executed the foregoing instrument , and lie acknowledged to me that he ex- Ir ecuted the same as and for the act and deed of said form. NOTARY PUBLIC C-28 t ' a HOLZMACHER,McLENDON andMURRELL,P.C. Consulting Engineers. Environmental Scientists and Planners Melville.N.Y. Farmingdale.N.Y. Riverhead.N.V. TOWN OF SOUTHOLD W SUFFOLK COUNTY NEW YORK CONTRACT AND SPECIFICATIONS FOR RESURFACING OF SOUND AVENUE AT THE WESTERN TOWN LIMIT PROJECT NO. SOHT 81-01 TOWN BOARD Supervisor William R. Pell III Councilmen Larry W. Murdock John J. Nickles Francis T. Murphy Joseph L. Townsend, Jr. Justice Raymond W. Edwards , Jr. SUPT. OF HIGHWAYS TOWN CLERK Raymond C. Dean Judith T. Terry SEPTEMBER 1982 HOLZMACHER,McLENDON andMURRELL,P.C. Consulting Engineers. Environmental Scientists and Planners Melville.N.Y. Farmingdale.N.Y. Riverhead.N.Y. HOLZMACHER, MCLENDON&MURRELL,P.C. COM ATNG 6# MMM{,1~4NM OITK WK16119Tf MW KA ft INDEX TOWN OF SOUTHOLD RESURFACING OF SOUND AVENUE AT THE WESTERN TOWN LIMIT PROJECT NO. SOHT 81-01 PAGE NO. INDEX I - 1 page NOTICE TO BIDDERS NB - 1 page INFORMATION FOR BIDDERS IB - 12 pages PROPOSAL P-A through P-D GENERAL CONDITIONS GC - 6 pages ITEM SECTION PAGE NO. NO. SECTION CODE NO. -- 0 General Specifications GS (11 pages) 1 5 5 Pavement Restoration & Replacement PRR (4 pages) 12 10 10 Maintenance & Protection of Traffic MPT (6 pages) 16 11 11 Tack Coat TC (2 pages) 22 12 1,2 Thermoplastic Pavement PM (5 pages) 24 Markings 14 14 Additional Excavation & Backfill AE&B (3 pages) 29 51 TL 51 TL Asphalt Concrete Truing & Leveling ACTL (1 page) 32 51 FZ 51 FZ Asphalt Concrete Type R 1A (Top Course) ACTC (1 page) 33 INDEMNITY, LIMITATIOW OF LIABILITX ILL - (1 page) -- CONTRACT C - (28 pages) -- I-1 HOLZMACHER, McLENDON&MURRELL,P.C. COM MTM4 EwoOMM Ew WWWOMM SMWSM Md RAMM IN NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN that SEALED BIDS will be received by the Town Clerk of the Town of Southold at the Town Hall, Main Road, Southold, New York, until 11:00 A.M . , prevailing time, on Thursday, September 30, 1982 at which time and place they will be publicly opened and read for the following contract: RESURFACING OF SOUND AVENUE AT THE WESTERN TOWN LIMIT Plans .and specifications may be obtained at the Town Hall and offices of the Consulting Engineers, HOLZMACHER, McLENDON & MURRELL, P.C. 209 West Main Street, Riverhead, New York, 11901, and Suite 140, 125 Baylis Road, Melville, New York, 11747, upon'- deposit of twenty-five ($25.00) for each set furnished. Deposits will be refunded to bidders who return the plans and spec- ifications within ten (10) days in good condition; other deposits will either be partially or not refunded if the Specifications have not been returned in good condition within thirty (30) days after bids have been opened. Each Proposal must be accompanied by a certified check or bid bond in the amount of five percent (5%) of the total bid, made payable to William R. Pell, III, Supervisor, Town of Southold, as set forth in the Information to Bidders. The Town reserves the right to reject any or all bids, to waive any informalities and to accept such alternate bid which, in the opinion of the Town Board, will be in the best interests of the Town. BY ORDER OF THE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK JUDITH T. TERRY, TOWN CLERK TOWN OF SOUTHOLD SOUTHOLD, NEW YORK 11971 DATED: SEPTEMBER 7 , 1982 NB-1 HOLZMACHER, McLENDON&MURRELL.P.C. pOWMT"EMWMEEM.K WMOMM POAL WasITNTE mW gANMENE INFORMATION FOR BIDDERS BIDS FOR PROJECT The Town of Southold Will, receive SEALED PROPOSALS for Resurfacing of Sound Avenue at the Western Town Limit. TIME AND PLACE OF BID Bids are to be submitted in opaque envelopes and will be received by the Town of Southold at the Town Hall, Main Road, Southold, New York, not later than 11: 00 A.M. , Prevailing Time, Thursday, September 30, 1982 , at which time and place they will be publicly opened and read aloud. Use of the mails shall be at the Bidder' s own risk, and the Bidder shall be responsible for physical delivery of the Bid at the time and place set for opening of Bids. BID ENVELOPE All proposals and either the certified check or bid bond must be placed in a sealed envelope bearing the Bidder' s firm name and address marked, "Project No. SOHT 81-01 , Proposal for Resurfacing Sound Avenue at The Western Town Limit, Town of Southold, Suffolk County, New York" , but otherwise unmarked. If mailed, this envelope shall be placed in another envelope addressed to Town Clerk Judith T. Terry, Town of Southold, Town Hall, Main Road, Southold, New York 11971. Use of the mails is at the Bidder' s risk. IB-1 "UL AMAC;HtK, MCLtf/L^M a MuNnLLL. r.L.. I IIAM w..r. CONSULTING CNGIMMS ANO ENVIRONMENTAL SCILNT1577 INFORMATION FOR BIDDERS (CONT- D. ) SPECIFICATION DEPOSITS (a) Deposits for specifications will be completely refunded to Bidders who return same in good condition within ten (10) days after r.-•ceipt of bids. Bidders will receive one-half of the deposit amount fur specfications returned after ten (10) days and before thirty (30) days following the bid date. (b) Deposits for specifications will be completely refunded to non-bidders who return same in good condition within 48 hours of receipt of said specifications. Non-bidders will receive one-half the deposit amount for specifications returned in good condition within ten (10) days following the bid date. No deposit for specifica- tions will be refunded to non-bidders after ten (10) days following the bid date. r IB-2 UZ44HOLZMACHER. McLENDON 6 MURRELL.P.C. Co"MrNIO EMOINl W&a' NONYENTAL BOMMMTS wN RAMM[M INFORMATION FOR BIDDERS (CONT'D. ) SPECIFICATIONS Complete sets of specifications for the inspection of prospective bidders will be found on file with the Town Clerk, Town of Southold, Town Hall, Main Road, Southold, New York, and at the office of Holzmacher, McLendon & Murrell, P.C. Consulting Engineers, 209 West Main Street, Riverhead, New York, or Suite 140, 125 Baylis Road, Melville, New York. All contractors must leave their names, phone numbers and correct mailing addresses upon receipt of the specifications. VERBAL ANSWERS The Town, its .agents, servants-'or employees, or the Engineer, will not be responsible in any manner for verbal answers to any in- quiries regarding the meaning of the contract specifications given prior to the awarding of the contract. • EXAMINATION OF SITE Bidders must satisfy themselves by personal examination of the location of the proposed work and of the actual conditions and require- ments of the work, and shall not, at any time after the submission of a proposal, dispute or complain of' such estimate or assert there was any misunderstanding in regard to the scope of work. The Contractor shall inspect the site and existing conditions be- fore submitting his bid. PROPOSAL The Form of Proposal contained herein shall be used in making out bids. Any proposal not in accordance with these instructions, or con- taining bids not asked .for, may be rejected. On those items in this contract for which there is a stated maximum and/or minimum allowable bid price, each bidder shall be responsible 7 for making sure that his bid falls within the stated limits. When the 2 price bid is lower than the minimum allowed, the bid price will be ad- justed upward to the minimum allowable price and when the price bid is higher than the maximum allowed, the bid price will be adjusted downward to the maximum. allowable price. SOHT IB-3 HOLZMACHER. McLENDON 6 MURRELL. f.C. / 112M CORP. CONSULTING ENGINELA• AND UU/VIIIONMOITAL MC1ENT1/Ts INFO DIAI•ION FOR BIRDERS (CONA ' 1). ,1 x As the est i111.1tes of eluant i t ies 0l' i tams statcd i1 the prc 110-x- . arc app rox i n►a t e u►11 y , 1) it'clu rs arc rc/iu i red to sul)ln i t tile i r I"-oVosa t upon and in tile 1'01 1 owi r11y express cont i t i ons , which sha l I :1l►l,J y and become a llart of every proposal receive( . Facl► bidder shall fill out , in ink , in botll worts and figilres , in the space's provit'cJ , Ili : unit car lumll sum 110 , as the Case 111:1), hc , fur each item in said I:orm of 1'rollosul for whiell he is tiuh11►itting .1 bid . No bid will be considered_ which does 'lot include hit's for all items i n tTie; Li'otlos:l 1 , i 11C 1 uJ i t'1111 C o[`—cotl1i l e t on . If the bid is not accepted by the Town within forty—five (•IS) (lays after the receipt of hits , the ohl ii;at ion of 'the bidder under this proposal play terminate at I► i.s opt ion antl 11e sh:111 thcrc - uporl he entitled to a refund of his ccrt. ificel cheek or release of his bid bond f11rnisllec1 by 11in1 as security with I► is proposal . 1111) BOND Olt Cl RT II F I FI) CIII_CK yl:ach proposal i'rom a contractor shall. be accumpanicd by -1 hit' bond or certified check o11 a solvent hank of the State of 14e fork , in the amount of live percent ( S0 ) of the total I,id . Such check shall be made l,ayable to William R. Pell III , Supervisor, Town of Southold, New York , and the amount thereof shall be the measure of 1 icluitited damages which the Town will sustain by tine f:nilure , neglect or refusal. of the bidder to execute altul deliver the contract , should the contract be awarded to I►im. Tile checks of all unsuccessful bidders will be returned upc,n the re.iection of bids and the execution of' the contract by the parties ; also, the check of the successful bidder will he returned upon the execution of the contract and the furnishing oC the recto i rat' bond . NAME- OF BIDDER } li:lch hittL•r must state in his proposal , his full name ant busi - ness acldress , and the 1,1111 name of every person , firm or corporation • interested in the sanle , and the address of every Verson or firm or president ant sccretar'y of every Coriloration interested with him. If 11.1-4 fNJ{.LMM.nLn. MC►inN*wr a IMUnnL A. r.k.. / I11LM �....�r. CONSULnma EHa1HE[A1 AHD ENvIQONMe/TAL sc1ETITI$T1 TNFORMATTON FOR BIDDER (CON'r ' 1). ) no other person be so interested , lie must distinctly state that fact , also that his proposal is made without any connection directly or in- directly with any other bidder for the work particularly mentioned in his proposal ; that it is in all respects without fraud or collusion , and that no person acting for or employed by the Town is directly or indirectly interested therein, or in the supplies of work to which it relates , or in any portion of the prospective profits thereof. QUALTFTCATIONS OF BIDDERS (l ) The Town reserves the right to waive any informalities in, or reject any and all bids . The Town reserves the right to re- ject any and all bids which do not conform to the proposals , or upon which the bidders do not comply with the requirements of the Town as to their qualifications . (2) All bidders must prove to the satisfaction of the Town that they are reputable , reliable and responsible , and that they pos- sess the necessary qualifications to successfully deliver the proposed equipment , and that they have performed and completed successfully similar work to an extent which , in the opinion of the Town , will qualify them by experience to perform the work which is proposed. (3) In determining the qualifications of a bidder, the Town will consider his record in the performance of any contracts entered into by him for the work contemplated or of similar nature may make such investigation as it deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the Town all such information and data for this purpose as the Town may request. (4) The Town shall be the sole judge of the qualifications of the bidders and of the merits thereof and reserves the right to reject any bid if the record of the bidder in the performance of contracts , payment of bills and meeting of obligations to subcontractors , material - men or employees is not satisfactory to the Town , or if the evidence submitted by or the investigation of such bidders fails to satisfy the Town that lie is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. GUARANTEE BOND The successful bidder shall be required to furnish at. the execu- tion of the contract an executed bond of a surety company authorized 113- 5 HOLZMACHER. MCLENOON d MUNNE.LL. r.L:. / tidm u�r. CONSULTINO ENOINEEAS AND ENVIRONMENTAL WENTISTS INFORMATION FOR B [ DDER (CON'r. I)) Y to do business in the State of New York and approved by the Tot-.11 in an amount equal to one hundred percent ( 100%) Of the total amo►Int of the contract , I;uaranteeing t.o the Town the faithful performance of the contract , and payment of all claims for materials , labor an.l wages in connection tl►erewith . SIGNATuitt: Or CONTRACTOR The binder to whom a contract may he awarded shall attend at the office of the Town , with the sureties offered by him, within ten (10) days , Sunday excepted , atter the date of notification by llq of the acceptance of his proposal. , and there sign the contract in uadrunli Cate for the work. In case of failure to do so, the bidder shall be considered as having abandoned the same , and the check accompanying his proposal S11,111 be forfeited to the same ,, or the penalty of the bid bond shall be invoked. CONTRACTOR' S INSURANCE The contractor shall not continence any work (intil he has obtained and had approved by the 'Town all of the insurance specified and required in the contract . WAIVER OF IMMUNrrY - Attention of the bidder is hereby directed to the requirements of the General Municipal irtw of the State of New York and in I)articular to Section 103-a of the General Municipal Law regarding "IVaivcr of Immu►►i.ty,, , as indicated on Page C-8 of the contract. IIESPONS1BILITY FOR BIDDER Attention is hereby particularly directed to the provisions of the contract wi►erei)y tl►e contractor will be resl►onsible for any loss or damage that may happen to the material or any part thereof during its delivery ; and also whereby the contractor shall make good any defects or faults due to materials or workmanship within twelve (12) months after its delivery, placement , and acceptance. 111-6 CONOULTING CTI4INM4 AND CNVIIIONMCNTAL /CICTITIE" INFORMATION FOR BIDDERS (CONT-D. ) y In order to secure the performance of the covenant of the con- tractor, the Town shall retain the Guarantee Bond during the period of one ( 1) year from the date of the Engineer' s final certificate. Work is required to be completed to the satisfaction of the Engineer and in :substantial accordance with the specifications hereunto annexed. TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK III-7 State of New York 0Bureau of Public Work Department of Labor A. State Office Building Campus X. Albany, N.Y. 12240 CONTRACT REQUIREMENTS Each public work contract to which the State,a public benefit corporation,a municipal corporation or a commission is a party and which may involve the employment of laborers,workmen or mechanics,shall comply with the requirements of Article 8 of the New York State Labor Law: 1. No laborer, workman or mechanic in the employ of the contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by the contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week except in the extraordinary emergencies set forth in the Labor Law or where a dispensation is granted by the Industrial Commissioner. (See Section 220.2) 2. Each laborer,workman or mechanic employed by the contractor or subcontractor shall be paid not less than the prevailing rate of wages at the time the work is performed,and shall be paid or provided not less than the prevailing supplements at the time the work is-performed, as determined by the fiscal officer. If the prevailing rate of wages or the prevailing supplements change after the prevailing rate schedule is issued,each workman,laborer or mechanic shall be paid or provided not less than the new rates. (See Section 220.3) 3. The contractor and every subcontractor shall post in a prominent and accessible place at the work site a statement of the current wage rates and supplements specified by the contract for the various classes of mechanics,workmen or laborers. (See Section 220.3-a) 4. Apprentices must be registered,individually,under a bona fide program registered with the New York State Department of Labor. The allowable ratio of apprentices to journeymen in any craft classifica- tion shall not be greater than the ratio permitted to the contractor as to his work force on any job under the registered program. Any employee who is not registered as above, shall be paid the pre- vailing wage rate for the classification of work he actually performed. The contractor or subcontrac- tor will be required to furnish written evidence of the registration of his program and apprentices as well as of the appropriate ratios and wage rates for the area of construction, prior to using any apprentices on the contract work. (See Section 220.3-e) 5. (a) No contractor, subcontractor, nor any person acting on his behalf,shall by reason of race,creed, color, sex or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates.(See Section 220-e (a) ) (b) No contractor, subcontractor, nor any person acting on his behalf shall,in any manner,discrimi- nate against or intimidate any employee on account of race,creed,color,sex or national origin. (See Section 220-e (b) ) NOTE: The Human Rights Law also prohibits discrimination in employment because of age,disability or marital status. (c) There may be deducted from the amount payable to the contractor under the contract a penalty of five dollars for each calendar day during which such person was discriminated against or intim- idated in violation of the provisions of the contract. (See Section 220-e(c) ) (d) The contract may be cancelled or terminated by the State or municipality,and all moneys due or to become due thereunder may be forfeited, for a second or any subsequent violation of the terms or condition of the anti-discrimination sections of the contract. (See Section 220-e (d) ) (e) These provisions shall be limited to operations performed within the State of New York. (See Section 220-e(e) ) PW-3(5.80) 113-8 STATE OF NEW YORK DEPARTMENT OF LABOR BUREAU OF PUBLIC WORK STATE OFFICE BUILDING CAMPUS ALBANY, N. Y. 12240 L Schedule Type-HVY / HWV 33 Date 07/08/81 Refer to: PREVAILING RATE CASE NO. T/O Southold PRC 8102905 NAS/SUF 01 to: Wi l l i am H. Spitz Location and Type of Project Holzmacher, McLendon & Murrell Resurfacing of Sound Ave. 125 Baylis Road SOHT 81-01. T/O Southold Milville, NY Laurel , NY 11747 Suffolk County In response to your request, enclosed are schedules of the prevailing hourly wage rates and the prevailing hourly supplements for the above project, together with copies of the Notice of Contract Let CPW-16) for your use. The schedules must be annexed to and form a part of the specifications for this project when it is advertised for bids. These schedules have been prepared and forwarded In accordance with Section 220 of the Labor Law, which provides that It shall be the duty of the fiscal officer to ascertain and . determine the schedules of supplements to be provided and wages to be paid to workers, laborers and mechanics employed on public work projects, and to file such schedules with the department having jurisdiction. These wage rates and supplemental benefits are subject to change, and you will be periodically notified of such changes. The wage rates and supplemental benefits to be paid and provided must be those prevailing at the time -the work is being performed. Supplemental Benefits Legend used in the "other supplements" column of the Prevailing Rate Schedule: A. Health & Welfare ( includes hospital C. Supp. Unemployment Benefits I. Annuity Fund surgical or medical insurance or D. Scholarship Fund J. Benefit Fund benefits, life insurance or death E. Paid Holidays K. Security Savings benefits, accidental death or dis- F. Education Fund memberment insurance). G. Vacation L. Holiday Pay B. •Penni on H. Apprentice Training M. Other Very truly yours. Nicholas Valentine, Jr. DIRECTOR WHEN ANY PROJECT IS COMPLETED OR CANCELLED, NOTIFY THE NEAREST DISTRICT OFFICE OF THE BUREAU OF PUBLIC WORK. (see addresses below) State Office Bldg. Campus, Albany N. Y. 12240 65 Court St— Buffalo N. Y. 14202 155 Main Street West. Rochester N. Y. 14614 44 Hawley St. . Binghamton N. Y. 13901 175 Fulton Ave— Hempstead Hempstead N. Y. 11550 333 East Washington St. . Syracuse N. Y. 13202 207 Genesee St. . Utica N. Y. 13501 30 Glenn St— White Plains N. Y. 10603 PW-200 (6-79) IB-9 PREVAILING RATE SCHEDULE State of New York Case Number Bureau of Public Work Department of Labor 8102905 NASSAU AND SUFFOLK COUNTIES Prev- SUPPLEMENTAL BENEFIT PAYMENTS L ailing OCCUPATIONS wage health basic and pen- suppi . other supplements hourly welfare sion unemp. rate (A) (B) (C) (D) through (M) CORE DRILLER Core Dri I ler 10. 60S 1. 00 . 74 G- 19 Helper 9. 24S 1. 00 . 74 G- 19 ELECTRICI ElectriciAN an 15. 10 7%+. 35 5 1/2% 25 G&L- 8 1/2'/•, H-5/II%, J-3% •• Appr. 1st term 6. 04 7%+. 35 5 1/2% . 2S G&L- 8 1/2%, H-5/8%, I-9Y.., J-3% IRONWORKER Ironworker-Structural 12. 95 1. 86 2. 30 •' Appr. 1st term 7. 28 1. 86 2. 30 G-1. 85, H-. 11, I-2. 15 Rei nforci ng-(Lather) 13. 54 1. 32S . 985 D-. 02, G-. 75, H-. O1, 1-1. 10 '• Appr. 1st Term 3. 85 1. 325 985 D-. 02, H-. 01 Ironworker-Ornamental 12. 62 1. 21 1. 55 G-1. 00, H-. 10, I-2. 00 -Chain Link 12. 62 1. 21 1. 55 G-1. 00, H-. 10, I-2. 00 Fence "Appr. 1st term 7. 57 1. 21 1. 55 G-1. 00, H-. 10, I-2. 00 MASON Bricklayer 12. 49 1. 33 1:'93 H-. 03, 1-2. O5 •• Appr. 1st term 6. 25 1. 33 1. 93 H-. 03, I-. 50 PAINTER Pointer-Brush 10. 92 1. 04 1. 04 G- 33, 1- 71 Scaffold/Spray 13. 26 1. 26 1. 26 G- 405, 1- 71 Appr. 1st term 6. 5s . 62 . 62 G- 20, 1- 25 ` Nassau Co. (N of L. I. E. to Pt. Wash BI vd. , S. of Sunrise Hwy. E. to Long Beach Rd. ) ------------------------------ Painter-Brush 10. 82 1. 29 2. 30 G-. 70, H-. 0S '• Appr. 1st term 5. 41 1. 29 1. 15 G-. 3S, H-. 05 Scaffold/Spray 12. 37 1. 29 2. 30 G-. 70, H-. 05 Nassau Co. Remainder of Covnty ------------------------------ Pai nter-Steel 14. 28 1. 86 2. 00 H- 07 •' Power Tool , Spray 15. 28 1. 99 2. 14 H-. 08 •' Sandblaster(steel ) 15. 28 1. 99 2. 14 H-. 08 Appr. 1st term 7. 00 . 91 . 98 H- 035 Nassau Co. -Entire County .............................. Painter Brush 12. 39 3. 22 1. 00 G-. 50, H-. 21 Steel /Bridge 15. 30 3. 22 1. 00 G-. 50, H-. 21 Spray 13. 88 3. 22 1. 00 G-. 50, H-. 21 Appr. 1st term 6. 42 1. 97 1. 00 G-. 25, H-. 21 Suffolk Co. PLUMBER Plumber 13. 65 1. 00 2. 05 G-1. 30, H-. 37, I-. 57 Appr. 1st term S. 46 . 60 1. 31 G-. 70, H-. 24, I-. 29 Suffolk Co. ------------------------------ Plumber ----------------------------- P1umber 12. 75 1. 10 1. 54 G-1. 10, H-. 2S Appr. 1st term S. 10 . 44 . 616 G-. 44, H-. 10 Nassau Co. TEAMSTER Truck Driver Excavation 10. 125 1. 612S 2. 852S 1-. 40 Euclid 10. 52S 1. 6125 2. 852S 1- 40 •• Other 9. 32S 1. 612S 2. S0 WELDER Welder To be paid the rate of the mechanic performing the work OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY and BUILDING SCHEDULES Pri nt 33 IB-10 PREVAILING RATE SCHEDULE State of New York Case Number Bureau of Department of Labor Public Work 8102905 NASSAU AND SUFFOLK COUNTIES Prev- SUPPLEMENTAL BENEFIT PAYMENTS ailing OCCUPATIONS wage health basic and pen- suppl . other supplements hourly welfare Sion unemp. rate CA) (B) (C) CD) through (M) CARPENTER Carpenter CH/H) 13. 35 1. 8S 1. 03 G-. 95, H-. O5, I-. 75 Helper 11. 1s 1. 85 1. 03 G-. 95, H-. O5, I-. 75 Appr. 1st term 7. 34 1. 85 1. 03 G-. 95, H-. O5, I-. 75 Nassau Co. (South of So. State Pkwy. & West of Seaford Creek) ------------------------------ Carpenter CH/H) 13. 40 1. 50 1. 49 Appr. 1st term 6. 70 1. S0 1. 49 G- 95. 1,1- 06 Nassau Co. Remainder of County ------------------------------ CarpenterCH/H) 13. 45 1. 33 1. 71 G-. 90, H-. 06 Appr. 1st term 6. 70 1. 33 1. 71 G-. 90, H-. 06 Suffolk Co. ------------------------------ Pi ledri ver/Dockbui Ider 13. 25 1. 85 1. 03 G-1. 01, H-. 0S, I-. 75 Appr. 1st term 7. 34 1. 85 1. 03 G-1. O1, H-. 05, I-. 75 ------------------------------ Ti mberman 12. 31 1. 8S 1- 03 G-. 95, H-. O5, I-. 75 1. Helper 10. 80 1. 85 1: 03 G-. 95, H-. 05, I-. 75 ELECTRICIAN-HIGHWAY MAINTENANCE Applicable on traffic signals and street lighting only. Mai nt. Electrician 12. 30 8/ 4 1/2'/. G & L-6 1/2%, 1-7% H-5/8%, J-3% Appr. 1st term 4. 57 8/ 4 1/2% G & L-6 1/2%, I-7% H-5/8%, J-3% LABORER(FIVY/HWY) Laborer (H%H) Basic, Concrete, Jackhammer 8. 90 10 V. 13 V. G-. 7S Pipelayer, Land- Scape, Trackman 8. 90 10 % 13 % G-. 75 Power Tool 8. 90 10 V. 13 V. G- 75 Asphalt Raker, Form Setter 9. 50 10 V. 13 V. G- 75 Asphalt Shoveler and Tamper 9. 30 10 V. 13 V. G- 75 MASON Cement Fi ni Sher 12. 60 2. 19 2. 02 H- 01 Appr. 1st term 6. 30 2. 19 2. 02 H- 01 SIGN ERECTOR Sign Erector 11. 70 . 82 1. 11 H- 02, 1- 43 M-Emp S. S. STRIPER Striping Mach. Oper 9. 90 59 . 70 G-7% Li nerman 10. 40 . 62 . 72 G-7% TREE TRIMMING Tree Trimmer 8. 43 . 34 . 25 1st 6mo 5. 51 . 34 . 25 Groundman, Driver 1st 6mo 6. 07 . 34 . 2S Driver 2nd 6mo 6. 36 . 34 . 25 Driver after 1 yr. 6. 95 . 34 . 2s TREE REMOVAL & LANDSCAPING Landscape Laborer 8. 90 10'/. 13% G-. 75 Mul chi ng Machine Oper. 11. 995 9'/. of 2. 2S G-1. 00, H-. 15, M-. 10 rate+vac. Stump Chipper Mach. 10. 97 9'/. of 2. 25 G-1. 00, H-. 15, M-. 10 rate+vac. Truck Driver, 9. 325 1. 612S 2. 50 WELL DRILLER We 1 I Dri I I er 10. 55 8% 2. 25 G- 40 Helper 8. 55 8/ 2. 25 G- 40 OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY SCHEDULES Pri nt 33 IB-11 PREVAILING RATE SCHEDULE State of New York Case Number Bureau of Department of Labor Public Work 8102905 NASSAU AND SUFFOLK COUNTIES ` Prev- SUPPLEMENTAL BENEFIT PAYMENTS ai I i ng OCCUPATIONS wage health basic and pen- suppl . other supplements hourly welfare Sion unemp. rate (A) (B) (C) (D) through (M) SURVEY CREW (HIGHWAY & HEAVY) Party Chief 12. 16 . 90 . 70 F-. O5. G-. 70, I-1. 50 Instrument Man 10. 21 90 . 70 F-. 05, G- 70, I-1. 50 Rodman/Chaff nman 8. 91 . 90 . 70 F-. O5. G-. 70. I-1. 50 Survey Rates apply to those workmen employed on HIGHWAY and HEAVY contracts let on or after July 2, 1979 POWER EQUIPMENT OPERATOR (H/H) Asphalt Spreader 13. 18 9% of 2. 25 . 20 H-. 15. G-1. 00, M-. 10 Backhoe 13. 55 hourly Bori ng Machine 13. 12 rate + Bulldozer 12. 37 vac. Compressor-Single 11. 995 Compressor-2 or more In battery 12. 60 Concrete Pump 12. 64 Concrete Spreader 13. 18 Concrete Breaker 11. 28 Conveyor 12. 37 Crane 13. 18 Location, Effective Date and Dragline 13. 55 Supplemental Benefit Payments Finishing Machine 12. 37 are the same for all Power Equipment Fireman 12. 37 Operators. Generator 12. 29 Grade-A I I Oper. 13. 55 Grader 12. 585 Front End Loader 12. 905 Mai nt. Eng. 12. 37 Mulching Machine 11. 995 Oiler 10. 97 Pi ledri ver 13. 5S Post Driver (Guard Rail ) 13. 12 Power Broom 11. 425 Pump (Under 4") 11. 995 Pump (Over 4") 12. 38 Ridge Cutter 11, 28 Roller - 5T & Under 12. 37 Roller - Over 5 Ton 12. 72 Scraper 12. 37 Shovel 13. 55 Stump Chipper 10. 97 Tractor-Caterpiller or Wheel 10. 755 Track Tamper 10. 97 Trenching Machine 13. 395 OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY SCHEDULES Print 33 IB-12 HDIZMACHER, McLENDON &MURRELL, P.C. J H2M CORP. COMULTINO ENGINUAS AND C"00NMUff" 900T " PROPOSAL - BIDDER'S DECLARATION TO THE TOWN BOARD of the TOWN OF SOUTHOLD, SUFFOLK COUNTY, STATE OF NEW YORK: BIDDER'S DECLARATION: The undersigned, as Bidder, declares that the only person or persons interested in this Bid or Proposal as principal or principals is or are named herein and that no other person than herein named has any interest in this Proposal or in the Contract proposed to be taken ,that this Bid or Proposal is made without any connection with any other person or persons making a Bid or Proposal for the same purpose; the Bid or Proposal is in all respects without fraud or collusion, that he has examined the site of the work, the Form of Contract and Specifications, and the Drawings therein referred to, and has read the Notice to Bidders, Information for Bidders and General Conditions hereto attached and fully understands all the same; that he proposes and agrees, if this Proposal is accepted, that he will contract with the TOWN BOARD of the TOWN OF SOUTHOLD,. in the Form of Contract accompanying this Bid, to perform all the work required in accordance with the Plans and as mentioned in said Form of Contract , Specifications, Notice to Bidders, Information for Bidders and General Conditions, and he will accept in full payment, therefore, the following sums to wit: w 7/79 P-A RT HOLZMACHER, MCLENDON S MURRELL,P.C. C0NEIKTM16ENOWURL EMYMIOWA$#TAL 9=W OM-d PLM**NE PROPOSAL (CONT'D. ) RESURFACING OF SOUND AVENUE TOWN OF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK PROJECT NO. SOHT 81-01 BID DATE: SEP'T'EMBER 30, 1982 ITEM 5A Remove temporary paving (by others) and replace with 1h" binder course asphalt on 6" base course asphalt Approximately 210 square yards ,t Price per SY �. ��`; u� a ($ O��•Sv ) TOTAL ':- lars ITEM 5A (ALT)** Remove temporary paving (by others) and replace with lh" binder course asphalt on 6" base course asphalt Approximately 110 square yards Price per SY �U�e ��o Com. (s -S-0 ) M� liars _ TOTAL-rv441%-6. :" . ($ oC oZSJ ) eo � lags ITEM 5B Remove existing deteriorated pavement & replace with 1h" binder course asphalt on 6" base course asphalt Approximately 110 square yards Price per SYW4-�.rj- Com- ($ 1 s / c C= TOTAL % -� ,o- 'J . . . ($a236 S�&t) ) 6 /Q'� /ho �v� (/ ars 2 * r A Optional item that may not be awarded by the Town. P-B 1 of 7 HOLZMACHER, MCLENDON 3 MURRELL,P.C. CONUMTN a EMON UM&ENVOWMAWAL 6=04 $ll Md ftAWAM PROPOSAL (CONT'D. ) ' RESURFACING OF SOUND AVENUE TOWN OF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLDF NEW YORK PROJECT NO. SORT 81-01 BID DATE: SEPrE BLR 30, 1982 ITEM 5B (ALT)** Remove existing deteriorated. pavement & replace with 1V binder course asphalt on 6" base course asphalt Approximately 490 square yards Price per SX . , . R R • , R TOTAL Y.�`' Dollars ITEM 10 Maintenance and Protection of Traffic 0 LUMP SUM � ��:""="'•`V': "L "7 O� ($ 7 00O . ) Dollars (Lump sum bia shall be greater than pr ec ua to $10000 ) ITEM 10 (ALT) ** Maintenance and Protection of Traffic LUMP SUM l000 . O ) Dollars 6 (Lump sum bid shall be greater than or equal to $500. ) . 2 Optional item that may not be awarded by the Town. P-B 2 of 7 HOLZMACHER, MCLENDON&MURRELL,P.C. CpNWITNq EM0111@M.EMYMIONYENf11L aC1aNtNTa�N/tANNEM PROPOSAL (CONT'D. ) RESURFACING OF SOUND AVENUE TOWN OF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK PROJECT NO. SOHT 81-01 BID DATE: SEPTEMBER 30, 1982 ITEM 11 Tack Coat Approximately /1300 gallons • Price per GAL liars TOTAL` "'"" -!OGt � . ($ a,a 3�o •6�, • 4ek .o�o-�. . . . . Illars ITEM 11 (ALT) ** Tack Coat Approximately 700 g�a,,lQlQons � Price per GALS :'�:-`.. . �j . GAN Y `.�':'": . ($ �• 7 a ) �-�- Dollars Dollars ITEM 12 Four-inch (4") wide Thermoplastic Reflectorized Pavement Markings Approximately 8500 . 1inear feet Price per LF .G' ($ Dollars TOTAL �. Dollars 6 . 2 ** Optional item that mai' not be awaXded by the Town. P-B 3 of 7 HOLZMACHER, MCLENDON 6 MURRELL,P.C. CgNtulrNa ENONtFlM.tNVMOMrtNT"W*61T*ri.w KANNtrNt PROPOSAL (CONT'D. ) RESURFACING. OF SOUND AVENUE TOWN OF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK PROJECT NO. SOHT 81-01 BID DATE: SEPTEMBER 30, 1982 ITEM 12 (ALT) ** Four-inch (4") wide Thermoplastic Reflectorized. Pavement Markings Approximately 4500- linear feet Price per LF . . . . ($ ---�-- Dollars TOTAL DB Tars ITEM 14A* Additional Excavation Approximately 5 cubic yards Price per CY Dollars TOTAL �L.Ql14� . �ji. . . . . . . Dollars (Unit Price shall be greater than or equal to $2.00, but shall not exceed $10.00) ITEM 14B* Additional Backfill Approximately 15 cubic yards Price per CY-jW.'7�. . . . , , , ($ C. ) Dollars 11 1�1 TOTAL . . . . C. . . . . . . , , ($ 30• ) Dollars (Unit Price shall be greater than or equal to $2 .00, 6 but shall not exceed $10.00) 2 * **Contingency Item Optional item that may not be awarded by the Town. P-B 4 of 7 !� HOLZMACHER, MOLENDON h MURRELL.P . 1 WNy1Li1NO ENG1 go .ENVMONWNTAt if7EMT6015 rd RAM1fM8 PROPOSAL (CONT' D. ) • RESURFACING OF SOUND AVENUE TOWN OF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK PROJECT NO. SOHT 81-01 BID DATE: SEPTEMBER 30, 1982 ITEM 14C* Rock Excavation Approximately 5 cubic yards o0 Price per CYC . .l' " (s 3• ) • • Dollars TOTAL Dollars (Unit Price shall be greater than or-equal of. $3.00 , but shall not exceed $50.00) ITEM 51 TL Furnish & Place Truing & Leveling Asphalt Concrete as per SCDPW Specifications Approximately 1100 to_.nssem PriceTON er • . • (s P Zid'LeA TOTAL �1. • • ��� Dollars ITEM 51 TL (ALT) ** Furnish &Place Truing & Leveling Asphalt Concrete as per SCDPW Specifications Approximately 800 tons '01160Price per TON % • (s Dollars TOTAL G,�i;-�!� :wT� . . . . . . ($3/ --a-00 Dollars 6 2 Contingency Item ** Optional item that may not be awarded by the Town. P-B 5 of 7 �Jr�v HOLZMACHER, McLENDON&MURRELL.P.C. � �2A CONSULTWOENWNEEM,ENVMONMENTAL1cs"TIST1rNKANMEM PROPOSAL (CONT' D. ) )2FSU 'ACING OF SQUIQD AVENUE TOWN OF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK r PROJECT NO. SOHT 81-01 BID DATE: SEPTEMM 30, 1982 ITEM 51 FZ Furnish & Place Wearing Course Asphalt Concrete for Resurfacing as per SCDPW Specifications Approximately 700 tones ($ 7.3 '/ Price per TO Y:"..�"' . . . . . . .: . 'S� ) � 2 J^Gl� jDotars TOTAL 006 Dollars ITEM 51 FZ (ALT) ** Furnish & Place Wearing Course Asphalt Concrete for Resurfacing as per SCDPW Specifications Approximately 400 tons M Price per TON ./w ($ ya ) n, Dollars61) TOTAL C (A-f;•�;� .J`^' ,�.� . ($ 161 b �© Dollars r 6 2 P-B 6 of 7 HOLZMACHER, McLENDON&MURRELL,P.CtfAA . WNEUlTEVO ENONEEM.ENy111pNMENT11l EGENTKM.nd ryANNENE PROPOSAL (CONT'D. ) • RESURFACING OF SOUND AVENUE TOWN OF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK PROJECT NO. SOHT 81-01 BID DATE: SEPTEmER 30, 1982 TOTAL BASE BID (SUM OF ALL ITEMS EXCEPT 5A (ALT) , 5B (ALT) , 10 (ALT) , 11 (ALT) , 12 (ALT) , 51 TL (ALT) and 51 FZ (ALT) TOTAL 4��- .�-.��^'�`�efr t�'►�-� Dollars TOTAL ALTERNA BID (SUM OF ALL ITEMS) / TOTAL Dollars Bids shall be based on normal seasonal working conditions without frost in the ground. It is anticipated that the Notice to Proceed will be given in October. COMPLETION DATE SHALL BE 45 CALENDAR DAYS AFTER THE NOTICE OF AWARD. LIQUIDATED DAMAGES SHALL BE $250.00 PER DAY. THE COMPLETION DATE SMALL BE CONSIDERED AS THE DATE WHEN THE PAVEMENT STRIPING OPERATIONS HAVE BEEN MPLETED. FIRM NAME: L/ ' FIRM ADDRESS: 722 q:f: SIGNED BY;—*,, TITLE: DATE: O DAY PHONE NO. a-941- 310-0 6 EVE. PHONE NO. r 7 2 P-B 7 of 7 HOLZMACHER. McLENDON i MURRELL. P.C. / H2M CORP. CONlULTINO ENGINUAG ANO ENVry110NM0lTAL SCI[NT M PROPOSAL - (CONT'D.) M Enclose certified check or bid bond for five percent (5x) of the total bid, as stipulated in the foregoing Information for Bidders. The Bidder hereby agrees to enter into a contract within ten (10) days after due notice from the Town of Southold that the contract has been awarded to him and is ready for signature, such • notice to be given in writing within forty-five (45) days of the date of opening of the bids . a And, the Bidder hereby further agrees that in the event of his failure or refusal to enter into a contract in accordance with this bid within ten (10) days after due notice from the said Town Board as given in accordance with the Information for Bidders, and/or his failure to execute and deliver the bond for the full amount of the contract price as provided in said Information for Bidders, that t:he bidder's check which is herewith deposited with the Town shall, at the option of said Town, . become due and payable as ascertained and liquidated damages for such default, otherwise the said check shall be returned to the undersigned. The full name and residences of all persons and parties interested ` in the foregoing bid as principals are as follows : NAME ADDRESS to c r J ' NAME OF BIDDER: AIX- BUSINESS � -��' "ADDRESS OF BIDDER: -7W • Ti�E�O DAY OF G'� DATED AT: P-C WXZMACHER. McIENDON 6 MURRELL. P.C. / H2M CORP. CONSUMNO OIWINEKAS AND ENViRONMO1TAL OCIENTISTO PROPOSAL - (CONT'D. ) r BION-COLLUSIVE BIDDING CERTIFICATE By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: 1 . 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; and 2. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor; and 3. No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition. Dated: - 30 /qgvl� By: This bidder cannot make the foregoing certification and a statement sighed by the bidder is attached setting forth in detail the reasons therefor: P-D HOLZMACHER. McLENDON b MURRELL. P.C. / H2M CORP. CONSULTING ENGINEERS AND OMPONMENTAL SCIENTMM GENERAL CONDITIONS 1. GENERAL CONDITIONS A. The "General Conditions" are hereby made a part of this Specification and are attached herein. B. Where any article of the "General Conditions" is supplemented hereby, the provisions of such article shall remain in effect. All the supplemental provisions shall be considered as added thereto. Where any such article is amended, voided or superseded thereby, the .provi- sions of such article not so specifically amended, voided or super- seded shall remain in effect. Work, materials, plant, labor and other requirements of the Gen- eral Conditions shall be furnished by the Contractor. No direct pay- ment shall be made for these Genera. Conditions, and payment shall be deemed to be included in the contract price ' or various items of the entire contract. 2. CONTRACT DOCUMENTS The Contract Documents include, but are not limited to, the General Conditions, General Specifications, Detailed Specifications, Plans, Proposal Form, Contract and other sections as either cited . on the index pages or actually included in the bound documents. Each section of the Contract Documents is intended to be comple- mentary to the other sections. It is intended that they include all items of labor and materials, and everything required and necessary to complete the work, even though some items of work or materials may not be particularly men- tioned in every section or may have been inadvertently -omitted -from the Drawings or Specifications, or both. 3. APPROVAL OF SUBCONTRACTORS AND MATERIALS 6 1 Prior to commencing any work under this Contract, the Contractor shall submit to the Engineer, for approval, a list of all the sub- contractors and material suppliers he proposes to use for this Con- tract. No subcontractor or material supplier will be permitted to de- liver materials or perform any work on this Contract until he has been approved by the Engineer in writing. RT GC-1 HOLZMACHER. MCLENDON 6 MURRELL. P.C. / H2M CORP. CONSULTING ENOINURS AND ENVIRONMENTAL SCIENTISTS GENERAL CONDITIONS (CONT'D.) 4. INTERPRETATION OF DRAWINGS, ETC. A. In the event of discrepancies between the Drawings and the Specifications, the following order shall be given preference when making interpretations: 1. Addenda (later dates to take precedence over earlier dates) 2. Drawings (schedules or notes to take precedence over other data shown on Drawings) 3. Detailed Specifications 4. General Specifications 5. General Conditions B. On all plans, drawings, etc. , the figure dimensions shall govern in the case of discrepancy between the scales and figures. C. The Contractor shall take no advantage of any error or omission in the Plans, or of any discrepancy between the Plans and Specifications, and the Engineer shall make such corrections and interpretations as may be deemed necessary for the fulfillment of the intent of the Specifications and of the Plans as construed by him, and his decision shall be final. D. All work that may be called for in the Specifications. and not shown on the Plans, or shown on the Plans and not called for in the Specifications, shall be furnished and executed by the Contractor as if designated by both. Should any work or material be required 6 which is not denoted in the Plans and Specifications, either directly 1 or indirectly, but which is, nevertheless, necessary for the proper carrying out of the intent thereof, it is understood and agreed. that the same is implied and required, and that the Contractor shall per- form such work and furnish such materials as if they were completely delineated and described. 5. ADDITIONAL WORK Additional work, if required to be performed under this Contract, will be in accordance with the applicable paragraphs of the Contract. The Engineer shall be the sole judge as to whether such work was in- tended as part of the Contract or is in addition thereto. GC-2 RT HOLZMACHER, McLENDON &MURRELL. P.C. / H2M CORP. CONSULTING ENGINEEAS AND ENVIRONMENTAL 8CIENT M GENERAL CONDITIONS (CONT'D. ) 6. OCCUPATIONAL SAFETY AND HEALTH ACT The Contractor shall meet all standards of the Occupational Safety and Health Act of 1970 and subsequent revision. This shall include, but not be limited to, the following areas: Sanitation, noise, radiation, gases, vapors, fumes, mists, dust, illumination, ventilation, protective equipment, fire protection, waste disposal, electrical hazards, scaffolds and ladders, floor holes . and wall openings, and heavy equipment . All specific require- ments of the Act shall be adhered to. 7. SAFETY PROVISIONS The Contractor shall take every precaution and shall provide such equipment and facilities as are necessary or required for the safety of his employees. In case of an accident, first aid shall be administered to any who may be injured in the progress of the work. In addition, the Contractor shall also be prepared for the removal, to the hospital for treatment , of any employee either seriously in- jured or ill. 8. SANITARY REGULATIONS A. In addition to compliance with the Occupational Safety and Health Act, the Contractor shall erect and maintain necessary sani- tary conveniences for the use of employees on the work. Such con- veniences shall be properly secluded from observation, and their use shall be strictly enforced. Such sanitary conveniences shall be constructed in compliance with all laws, ordinances or regulations governing these facilities. The contents of the same shall be re- moved, with sufficient frequency to prevent nuisance, and disposed of to the satisfaction of the Engineer. B. The Contractor shall obey and enforce such other sanitary 6 regulations and orders and shall take such precautions against in- t fectious diseases as may be deemed necessary. In case any infectious diseases occur among his employees, he shall arrange for the immediate removal of the patient from the work and his isolation from all per- sons connected with the work. C. The building of shanties or other structures for housing the men, tools, machinery or supplies will be permitted only at approved places, and the sanitary condition of the grounds in and at such shanties or other structures must , at -all times, be maintained in a satisfactory manner. RT GC-3 HOLZMACHER, MCLENDON 6 MURRELL. P.C. / H2M CORP. CONSULTING MINEERi AND ENVIRONMENTAL SCIENTIS" GENERAL CONDITIONS (CONT'D. ) 9. RESPONSIBILITY OF ENGINEER AND CONTRACTOR DURING CONSTRUCTION A. The Engineer is responsible solely for the general and/or detailed inspection of the work being performed. Such inspection will be periodic and strictly to assure conformance of the Contractor with the Plans and Specifications, such that the end product will conform to the Plans and Specifications. B. The Contractor is responsible for complete conformance to the Plans and Specifications, proper construction procedures; co- ordination with subcontractors, other contractors and utilities, and safe working conditions for his employees. 10. LABOR A. All contractors and subcontractors employed upon the work shall and will be required to conform to the Labor Laws of the State of New York and the various acts amendatory and supplementary there- to; and to all other laws, ordinances and legal requirements applicable thereto. B. All labor shall be performed in the best and most workman- like 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. 11. CONTRACTOR' S REPRESENTATIVE The Contractor, in case of his absence from the work, shall have a competent representative or foreman present, who shall follow with- out delay all instructions of the Engineer or his assistants in the prosecution and completion of the work, in conformity with this Con- tract, and shall have full authority to supply labor and material immediately. The Contractor shall also have a competent representa- tive available to receive telephone messages and provide a reasonable 6 reply as soon as possible, but not later than twenty-four (24) hours. 1 RT GC-4 HOLZMACHER. MCLENOON d MURRELL. P.C. / H2M CORP. CONSUMNO ENGINURS ANO ENVIRONMENTAL SCIENTISTS GENERAL CONDITIONS (CONT'D,) 12. INCOMPETENT EMPLOYEES The Contractor shall employ only competent, skilled and faithful men to do the work. Upon request of the Engineer in writing, the Con- tractor shall suspend or discharge from the work any disobedient, dis- orderly or incompetent person or persons employed thereon, and will not again employ any person so suspended or discharged without the consent of the Engineer. This requirement shall not be made on the basis of any claim for compensation or damages against the Town or any of its officers or agents. 13. CLAIMS OR PROTESTS If the Contractor considers any work required of him to be out- side the requirements of the Contract, or considers any record or ruling of the Engineers or Inspectors as unfair, he shall ask for written instructions or decisions immediately, and then file a writ- ten protest with the Town against the same within five (5) days thereafter, or be considered as having accepted the record. or ruling. 14. NOTIFICATION, INTERFERENCE AND INJURY TO UTILITIES A. The Contractor shall cooperate in every way with the Utility Companies. B. The Utility Companies shall be notified in accordance with Section 1918 of the Penal Law of the State of New York, entitled "Construction or Blasting near Pipes Conveying Combustible Gas," and with Article 20, Section 322-a of the New York State General Business Law. 6 C. All conduits, water mains and gas mains encountered in the 1 construction shall be properly and safely taken care of by the .Con- tractor, who shall, upon encountering same, notify the public corpora- tion to whom they belong, in order that they may be changed in such a manner as not to interfere with the final construction. D. In case any damage shall result to any service pipe for water or gas, or any private or public sewer or conduit . by reason of negli- gence on the part of the Contractor, he shall, without delay and at his own expense, repair the same to the satisfaction of the Engineer, and in case such repairs are not made promptly or satisfactorily, the Town may have the repairs made by another Contractor or otherwise, and deduct the cost of same from any monies due or to become due the Con- tractor. RT GC-5 HOLZMACHER, MCLENDM &MURRELL, P.C. / H2M CORP. CONSULTING ENGINUM AND UrAftONMMAL >1CIENT M GENERAL CONDITIONS (CONY D.) l . 15. INFRINGEMENT OF PATENTS The Contractor further agrees to hold himself responsible for any claims made against the District for any infringement of patents by the use of patented articles in any one phase of construction of the work and the completion of same, or any process connected with the work agreed to be performed under this Contract, or of any materials used upon the said work and to save harmless and indemnify the Town from all costs, expenses and damages which the Town shall be obliged to pay by reason of any infringement of patents used .in the construc- tion and completion of the work. 16. DAMAGES All damage, direct or indirect, of whatever nature resulting from either the performance of, or resulting to the work under, this Con- tract during its progress from whatever cause, shall be borne and sus- tained by the Contractor, and all work shall be solely at his risk until the date of the final certificate. w 17. GUARANTEE WARRANTY This Contractor shall guarantee and warrant his work and that of his subcontractors against defects in workmanship and/or material for a period of one (1) year from the date of final certificate by the Engineer except as otherwise specified. Upon written notification from the Engineer, the Contractor shall repair, replace or reconstruct such defects to the satisfaction of the Engineer at no cost to the Town. 18. STANDARDIZATION The DETAILED and General Specifications indicate specific manu- facturers and/or catalog numbers, etc. , for the purpose of standardiza- tion within the Town in order to minimize stockpiling of replacement parts. 19. DEFINITIONS 6 The words "or approved equal" as hereinafter used shall refer 1 to the use of an equal q product that has received prior approval by the .Consulting Engineer for the Town. The word "Engineer" refers to HOLZMACHER, McLENDON & MURRELL, P.C. , Consulting Engineer for the Town of Southold. SH GC-6 HOLZMACHER, McLENDON 6 MURRELL,P.C. CpNEULTINO ENOMIEEM.ENVMgNMENTK ECIENiNIf rM MMUEM r TECHNICAL SPECIFICATIONS SEVERAL ITEMS ON THE PLANS AND IN THESE SPECIFICATIONS REFER TO THE "SUFFOLK COUNTY PUBLIC WORKS SPECIFICATIONS OF NOVEMBER 1, 1968, " AS AMENDED. THESE SPECIFICATIONS SHALL BE INCORPORATED BY REFERENCE AND SHALL APPLY AS IF DETAILED IN FULL, UNLESS HEREIN MODIFIED. h HOLZMACHER, McLENDON&MURRELL,P.C. CONMKTMIO atno oW§WWAMW14TK 1CKWOTS.d•IAW49% GENERAL SPECIFICATIONS TOWN OF SOUTHOLD RESURFACING OF SOUND AVENUE AT THE WESTERN TOWN LIMI.T 0.1 - SCOPE The work to be done under this Contract consists of .furnishing all labor, materials, equipment, etc, , for the MSUVACTK, Of R AVENUE AT THE WESTERN TOWN LIMIT in the Town of Southold f. as set forth in the Proposal Sheets, in accordance with the Specifications and as indicated on the plans, all to the approval of the Engineer and the Town of Southold. 0.2 — GENERAL SPECIFICATIONS i (a) The "General Specifications" of the contract are hereby made a part of this specification and are attached herein, (b) Where any article of the "General Specifications" is supplemented hereby, the provisions of such article shall regain in effect. Where any such article is amended, voided or superseded thereby, the provisions of such article not .so specifically amended voided or superseded shall remain in effect. 0. 3 - GENERAL CONDITIONS (a) The "General Conditions" of the contract are hereby .made a part of this specification and are attached herein. (b) Where any article of the "General Conditions" is supple- mented hereby, the provisions of such article shall remain in effect. 6 All the supplemental provisions shall be considered as added thereto. 2- W ere' .any such article is amended, voided, or superseded thereby, the provisions of such article not so specifically amended, voided, or superseded shall remain in effect. 1 GS - 1 of 11 HOLZMACHER, McLENOW&MURRELL, P.C. / H2M CORP. commnta v4aomum AMO 9 w*ftHM9WAL KIE1wnM GENERAL SPECIFICATIONS (CONT'D) 0.4 - NO DIRECT PAYMENT No direct payment will be made for work done and for materials furnished under these General Specifications or the General Conditions of the contract , but compensation shall be deemed to have been in- cluded in the contract price of the entire work. 0.5 - PLANS AND SPECIFICATIONS This Contractor will be furnished six (6) complete sets of the plans and specifications. Additional sets will be furnished at cost of reproduction. 0.6 - PERMITS AND REGULATIONS This Contractor shall obtain and apply for all permits necessary to conduct the work and complete this contract . All work shall be performed in strict accordance with the regulations and requirements of the various civil agencies having jurisdiction thereof. Upon completion of the work provided for in this contract , and before final payment shall be made, the Contractor shall furnish the Engineer with any necessary certificates of approval issued by these various agencies. 0. 7 - SIGNS No signs or advertisements shall be permitted by the Town. 0.8 - TEMPORARY LIGHT, WATER, ETC. This Contractor shall furnish temporary light and power Complete with all wiring, lamps and similar equipment , as required for the completion of the work. Water shall be supplied by this Contractor. 6 1 RT GS - 2 of 11 2 HOIZMACHER.MdEN00N i MlOM"P.C. / HZM COM. CONIULTINO V40M ilIM AND OMMMUDRAL SM M M GENERAL SPECIFICATIONS (CONY D) 0..9 - C_OPERATION This Contractor, all other contractors, and all subcontractors shall coordinate: their work with all adjacent work and shall coordinate with all other trades so as to facilitate the general progress of the work, Each trade shall afford all other trades every reasonable op- portunity for the installation of their Mork and for the storage of their material. 0.10 - REPRESENTATIVE ALWAYS PRESENT The Contractor, in case of his absence from the work, shall have a competent representative or foreman present, who shall follow with- out delay all instructions of the Engineer or his assistants in the prosecution and completion of the work, in conformity with this con- tract, and shall have full authority to supply labor and material immediately. The Contractor shall also have a competent representa- tive available to receive telephone messages and provide a reasonable reply as soon as possible, but not later than twenty-four (24) hours. 0.11 - LABOR (a) All contractors and subcontractors employed upon the work shall and will be required to conform to the Labor Laws of the State of New York and the various Acts amendatory and supplementary there- to; and to all other laws, ordinances and legal requirements appli- cable thereto. (b) All labor shall be performed in the best and most workman- like 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. 6 1 RT GS - 3 of 11 3 HWMACHER,McLENDON d IAtRtR" P.C. / H2M CORP. CJk43NLflN0 E?IOJmUR8 AND V4Wft0NM0frAL WJEM M GENERAL SPECIFICATIONS (CONT'D) ' 0.32 - WORKMANSHIP It is the intent of these Specifications to describe definitely and fully the character of materials and workmanship required with regard to all ordinary features , and to require first class work and materials in all particulars. For any unexpected features arising during the progress of the work and not fully covered herein, the specifications shall be inter- preted by the Engineer to require first class work and materials; and such interpretation shall be accepted by the Contractor. 0.13 - 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 d6mand any increase of such effi- ciency 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 ex- cept 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, such as manholes, catch basins, pipe lines, conduits, etc. 6 1 RT GS - 4 of 11 4 HOLZMACHM MaLENOON A MURRM, P.C. / H2M CORP. COM"TINO Q/OINUM AND ONVIAONMIDMAl erlomM GENERAL SPECIFICATIONS (CONT'D) 0.14 - INSPECTION The Contractor shall, at all times, provide convenience of ac- ess and safe and proper facilities for the inspection of all parts of the work. No work, except such shop work as may be so permitted, shall be done except in the presence of the Engineer or his assist- ants. The Contractor shall notify the Engineer twenty-four (24) hours in advance as to when he intends to start or resume the work. No materials of any kind shall be used upon the work until it has been inspected and accepted by the Engineer; all materials re- jected shall be immediately removed from the work and not again of- fered for inspection. Any material or workmanship found at any time to be defective shall be remedied at once, regardless of previous inspection. The inspection and supervision of the work by the Engineer is intended to aid the Contractor in applying labor and materials to and in ac- cordance with the specifications, but such inspection shall not operate to release the Contractor from any of his contract obliga- tions. 0.15 - PHOTOGRAPHS Prior to the commencement of any work to be performed under this contract, the Contractor shall Inspect all structures, pavement, walls, curbs, sidewalks along the route with the Engineer. Whenever cracks, breaks, defects, faults or structural decay is expected or visible, photographs shall be taken, by a professional photographer, to identify and to record each and every defect. Failure on the part of the Contractor' to take such photographs will be construed as mean- ing that no defects existed prior to construction. The Contractor shall submit to the Engineer three (3) sets of 3"x5" prints and the negatives from which the prints were made, which negatives shall be at least 35 millimeter in size. Prints shall be mounted in a photo album with a written description of each photo to include descriptions, street location, address and ownership of property . or building, if available. No separate payment will be made for the photographs. 6 1 RT GS - 5 of 11 5 HOLZMACHER.McMDON&MURRELL. P.C. / HZM CORP. CONSM"No W61HURS AND wv"tomma#r*L 80 M M GENERAL SPECIFICATIONS (CONT 'D) 0.16 ---LINE AND GRADE (a) The Engineer shall establish the lines and grades for the storm drains and appurtenances, and the necessary benchmarks for pavement construction stakeout. (b) All grades, lines, elevations and benchmarks shall be maintained by this Contractor who shall be responsible for same. (c) The Contractor shall verify all grades, lines, levels and dimensions as shown on the drawings, and he shall report any errors or inconsistencies in the above to the Engineer before commencing work. 0.17 - BOUNDARIES OF WORK AND CONTIGUOUS WORK The Town will obtain from the property owners rights-of-way for all work specified in this contract, and the Contractor shall not enter or occupy with men, tools or materials, any private ground outside the easements and rights-of-way without the consent of the owner and the approval of the Engineer. Other contractors of the Town may, for all purposes required by their contract, enter upon the work and premises used by the Contractor, and the Contractor shall give to other contrac- tors of the Town all reasonable facilities and assistance for the com- pletion of adjoining work. 0.18 - RIGHT-OF-WAY Where the work called for extends upon or through private property, the Town shall produce all necessary rights , deeds and easemonts for access to the property and the Contractor shall not proceed with this part of the work until the Town has completed negotiations with the property holders and all necessary papers are in the hands of the Town. If Iafter a reasonable period of negotiations (up to one (1) year from signing of the contract) , rights or easements cannot be obtained, then the Town reserves the right to eliminate those items of work from the . contract which required the easements prior to construction. No addi- tional compensation shall be made to the Contractor for such elimination. 4 2 SOHT. 6 81-01 GS - 6 of 11 MOLZMACHM Md MM i MLNtfAML*F.C./ i21A COMP. CONSUMM0 0448"M AND V#VW414MOOTAL SC CMTWM 'GENERAL SPECIFICATIONS (CONT'D) 0.19. - PROTECTION OF WORK The Contractor shall place a sufficiency of red lights on or near any work accessible to the public and keep them burning sunset to BUS- rise; U -rise, he shall erect suitable railings or barriers, and shall pre�lde watchmen on the work by day or night, as required and deemed neeessary, for the safety of the work, on public or adjoining property. The Town reserves the right to remedy any neglect on the part of tho Contractor as regards the protection of the work which may some to its attention, after 24 hours' notice in writing; except that in cas*s- 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. 0.20 - MAINTAINING FLOW OF SEWERS AND DRAINS The Contractor shall, at his own cost and expense, provide for and maintain the flow of all sewers, drains, house or inlet connec- tions and all water-courses which may be met with during the progress of the work. He shall not allow the contents of any -sewer- , drain or house inlet connection to flow into trenches to be constructed under the contract, except where written permission is given by the Engineer and shall, at his own eupenso,• immedately remove and cart away from the vicinity of the work all offensive, matter, using such precautions in so doing as may be directed by the Engineer. 0.21 - PROTECTION OF EXISTING SUBSURFACE STRUCTURES Certain existing subsurface structures will likely be encountered during the construction of the work embraced in this contract, or located in such close proximity to the work to be done under this contract, as to require special precautions and methods for their pro- tectioa, such as sewers, drains, water mains and conduits, together with appurtenances, and are shown on the drawings. The sizes, loca- tions- and oea-tions and depths shown, however, are only approximate and tie Contrac- tor 'shall satisfy himself as to the accuracy of the information given and shall not claim nor shall he be entitled to receive Compensation 6 for damages sustained by reason of the inaccuracy of the information 1 given or by reason of his failure to properly maintain and support such structures. RT GS - 7 of 11 7 HMnV HER.MdDM M i MURkU.-M I M2M1 CW. CONSMTxa o+oMUFA AND VWWWWW&•avnun GENERAL SPECIFICATIONS .(CONT'D) Should the Contractor, through his own negligence, damage any portion of the existing underground structures, sewers, dratas, cul- verts, grater lines, etc. , located within the limits of the aontract, and whirch are to remain, he shall replace or restore *met► damaged portions at his own expense and as directed by the Engineer. 0NOTMING UTILITY CONPANIL3 The Utility Companies shall be notified in accordance with Sec- tion 1918 of the Penal Law of the State of New York and Article S®, Section Sag-a of the New York State General Business Law, entitled, "Construction or Blasting Near Pipes Conveying Combustible Gas," which states, "the person having direction or control of such works shall given such notice and further, he shall ascertain whether there is within one hundred feet in such street, highway or public place. . .any pipe. . .conveying combustible gas." This Contractor and all other excavators must comply with Indus- trial Code Part 53 whereby this Contractor must obtain the list of each operator of underground facilities and provide advanced notice to each operator of his intent to perform excavation in the area specified under this contract., . Z 0.23 - PUBLIC UTILITY COMPANIES All conduits, sewers, storm drains, water mains, undergrounnd glee- tris and telephone conductors or conduits, or gas mains encountered in the construction shall be properly and safely taken care of by the Con- tractor, who shall, upon encountering same, notify the public corpora- tion to whom they belong, in order that they may be changed in such a manner as not to interfere with the final construction if it is imPOss ible to cross over, under or around the other utility. 6 1 RT GS - 8 of 11 8 HOLZ1MACHL%MdMOON i MURKU,F.C. i H2M CW. coh"TI o Dolman n AND VNIMMMOR" iao►mm GENERAL SPECIFICATIONS (CONT'D) 0.24 - INJURY TO SERVICE PIPES In case any damage shall result. to any service pipe for water or gas..or any private or public sewer or conduit , the Contractor shall, without delay, and at his own expense, repair the same to the satis- faction of the Engineer and in case such repairs are not made promptly or satisfactorily, the Owner may have the repairs made by another contractor, or otherwise, and deduct the cost of same from any monies due or to become due the Contractor. 0.23 - DAMAGES All damage, direct or indirect, of whatever nature resulting from either the performance of or resulting to the work under this contract during its progress from whatever cause, shall be borne and sustained by the Contractor, and all work shall be solely at his risk until the date of the final certificate. 0.26 - TRAFFIC MAINTENANCE The Contractor shall minimize all interference to vehicular, pedestrian and other traffic. - Traffic along the construction site shall be provided with a passable and adequate road. All fire hyd- rants shall be accessible at all times. Maintenance of traffic ,phall include bridging over construction, construction in sections, prb'vdng detours, and other measures, spoci- fied. Access shall be maintained to all driveways. The Contractor shall furnish and install adequate warning signs, flags, lights, railings, barricades and other devices. Watchmen, flagmen and signal- men shall be provided to maintain traffic. 0.27 - REMOVAL OF TEMPORARY STRUCTURES On or before . the completion of the work, the Contractor shall, without charge therefore, tear down and remove all buildings and other structures built by him for facilitating the carrying out of the work and shall remove all rubbish of all kinds from the grounds which he has occupied, and shall leave the site of the work clean and in good condition. 6 1 RT GS - 9 of 11 9 M01 ACHU4 Md DdM i MURR"►�/ H M COM. ca+su�nno o+aMaa iwo rr+v��oneonK�aomarn GENERAL SPECIFICATIONS (CONT I D) 0.25 - CLEANING AND FINAL INSPECTION All pipe lines and other structures shall be kept clean daring e arte'+s , and as the Mork approachescompletion, the Contiraq-tor s,6all syrstematically and thoroughly clean and mare any Breaded re- pairs to the dame. He shall furnish at his own eapene* suitable. tools and labor for cleaning out all dirt, mortar and foreign substances f ron the structures, and also the water for cleaning by f1whiat. Any leakage of water into any structure exceeding the liana ter speci- fied, or any deviation from the proper grade for alignment to the structure or any other defect such as to make the work., i-s the - opiaiou of the Engineer, fall short of first class work., obalj be properly corrected by the Contractor at his own expense. The siean- ing and repairs shah: be arranged, so far as practicable, to bo eom- pleted upon finishing the construction work. Notice to begin this cleaning and repairing, if such is needed, will be given in due sea- son by the Engineer who, at the same time , will make his final in- spection of the work. The Engineer will not prepare his final certificate of this por- tion of the work until after the final inspection is made. During this final inspection , the Contractor, at his own expense, shall fur- nish suitable provisions as to needed drainage, workmen and appli- ances. 0.29 -� TOILET FACILITIES t Necessary toilet facilities for the use of the workmen on the project, .properly secluded firom observation, shall be erected ate; maintained by the Contractor in such manner and at such poLA48 as shall be approved and their use shall be strictly enforced. The contents of same shall be removed, with sufficient frequency to pre` vent nuisance, and disposed of to the satisfaction of the Engineer and the Town. The Contractor shall obey and enforce all sanitary regulations. The sanitary condition of the grounds in and Around such toilet facilities must be maintained in a satisfactory manner at all times. 6 1 GS - 10 of 11 10 HOLZMACHER,MCLF M i MURmA.P.c./ H=com. wwuLnm vaumm ewe a mama ffAL SCwnm GENERAL SPRCIFICATIONS (CONT'D) 0.30 CHANGE ORDERS During the construction period of this contract, the Engineer may wader, in writing, changes in sizes of (prior to release from the manufacturer) and/or locations of (prior to delivery of materials) asnd./or additional items,. The prices as bid for the respective size installed shall be also applicable to any such charges or additions ordered by the Engineer. The total cost of additional items ordered shall be limited to not more than tea percent (10%) of the total bid (including alternate bids) of all i t encs. Change orders involving extras or additional funds outside the limits of the unit and/or lump sum prices must be approved by the Consulting Engineer and the Town of Southold;. 0. 31 DEFINITIONS The specifications indicate specific manufacturers and/or catalog numbers, etc. , for the purpose of standardization in order to minimize stockpiling of replacement parts. The words "or approved equal" as hereinafter used shall refer to the use of an equal product that has received prior approval by the Consulting Engineer for the Town. The word "Engineer" r$feres to HOLZMACHER, HcLENDON & MURRELL, P.C. , . Consulting Engineer for the Town. The words "Owner" or "Town" refer to the TOWN OF SOUTHOLD. 4 2 SH GS - 11 of 11 11 HOIZMACHER MCLENOON i MURRELL,P.C. OONNILTMM YNMIwM.NIVMONYIN�K MillMlDft�KMIIIfM PAVEMENT RESTORATION & REPLACEMENT ITEM 5 • 5.1 - SCOPE The work under this item includes sawcutting, removal and disposal of existing pavements (temporary and permament) ,- and the furnishing and placing of asphalt concrete base and binder courses at the locations indicated on the plans or as directed by the Engineer. 5. 2 - GENERAL Under this item, the Contractor shall be responsible for the re- moval and disposal of the followings 1) All temporary pavement previously placed by Southold Town forces in connection with the installation of new storm drainage leaching els within the project area. 2) All existing pavement indicated on the pldns and any existing pave- ment ordered by the Engineer in the field during construction. In general, the removal of existing pavement will be ordered at those locations where subgrade failure is evident. In addition, severely distressed or cracked pavement will be ordered removed. 3) All existing subbase material down to the required grade for con- struction of the new pavement section. In the event that the material at this grade is considered by the Engineer to be unsuitable as a sub- base for the new pavement, additional excavation ordered will be paid for under Item 14. Under this item, the Contractor shall construct a new pavement cross section at the aforementioned locations in accordance with the details indicated on the plans. Pavement restoration at ]eachi-Rg pools shall include the additional pavement required behind each structure, as detailed on the plans. Sawcutting is required when removing deteriorated pavement a-ad shall be performed to the Engineer's satisfaction. Upon impletion of sawcutting, all asphaltic concrete on all types of bases shall be removed in a neat, workmanlike manner, using .sedom 4 pavement removal methods as approved by the Engineer. Disposi elf removedmaterial shall be done in an acceptable manner off the el, or at -a designated area specified by the Engineer. This Costrafta smell be res iaibla for the payment of any dumping fees should he elect to use the Town Landfill facilities. b Vii, SAW-M.TTING 2 The existing asphalt ,pavement shall be cut at the l+t a-tiobst desig- nated by, the Engineer. The minimum depth of cut shall be two Q) inches. PRR - 1 of 4 12 HOIZMACHER,MCLENOON i MURRELL,P.C. CDOWA Na�a�wwwr wwiawnrt�t�o�wns+s.ww�NNxM PAVEMENT RESTORATION & REPLACEMENT (CONT'D.) • 5. 3 SAWCUTTING .(Cont'd. ) All work shall be accomplished in a neat, workmanlike manner, using approved modern sawcutting methods. Failure to cut a minimum depth of two (2) inches will be con- sidered as grounds for rejection of the sawcut, and the Contractor shall be required to re-sawcut the pavement. No payment will be made for either the additional sawcutting or additional pavement replace- ment required. 5.4 - SUB-BASE The sub-base shall be cleaned of all loose or foreign material, reshaped if rutted, and otherwise prepared so as to provide uniform support for the pavement. All soft or unsuit4ble material such as loam shall be removed as directed by the Engineer, and replaced with suitable material approved by the Engineer and compacted in six (6) inch layers to the pavement base. Excavation to remove unsuitable materials below the bottom of the proposed base course shall be paid for under Item 14. Shaping of the sub-base shall be accomplished by hand or with mechanical grading equipment after which the. sub-base shall be mois- ened and compacted by means of a vibratory-type compactor in accordance with modern vibratory compaction methods, to the approval of the Engineer. All equipment for the proper preparation of the sub-base and for the placing and finishing of pavement shall be in first-class working order and shall be subject to any inspection the Engineer may desire prig to being placed in use. After the sub-base has been prepared and compacted to the required uniform density and to the.- required elevation, alignment and cross-section, it shall be maintained in that condition until the pavement is placed thereon. Pavement will not be plate upon any frozen sub-base or upon any material which, in the opin- ion of the Engineer, is unsuitable as a pavement foundation. The end result of all compactive efforts shall be that the sub-base material is compacted to not less than 95% of maximum density at optimum :moisture content as determined by AASHTO T-99. In the event that the Engineer determines that there is reasonable doubt regarding the quality or degree of compaction, . he may. order that " cow4pactien tests be performed at random locations. All compaction tests shall be performed by an independent laboratory previously approved (written approval) by the Engineer. The costs for all 6 cov4wwtion testing ordered shall be borne by the Contractor. 2 PRR _ 2 of 4 13 MOLZMACHER.McLENDON 6 MURRELL.P.C. coMwKawa e�wwuK,� ..r w�.�wuu PAVEMENT RESTORATION & REPLACEMENT (CONT'D. ) 5.5 - PAVEMENT MATERIALS Materials utilized for pavement restoration shall be in accor- dance with the "Suffolk County Public Works Specifications of November 1, 1968" as amended. The typical pavement restoration cross- section is indicated on the Contract Drawings. A bituminous material shall be placed on the concrete or bitum- inous base and at sawcut joints, as a tack or seal coat. The minimum application rate of this material shall be 0.1 gallons/square yard. The bituminous material shall conform to the requirements of New Yank State Department of Transportation Specification Section 407, Item Ne. 407.01. 5j r PANEM_ENT .CONSTRUCTION All pavement restoration shall be performed in accordance with the requirements of "BITUMINOUS PAVING CONSTROCTION, PART II, SECTION S" of the "Suffolk County Public works Specifications of November i, . 1968" ass amended. 5,7 MISCELLANEOUS y No payment will be made under this Item for pavement disturbed or broken by the Contractor due to his own nealiaence or for pavements removed to facilitate the construction where specific authorization has not been given by the Engineer. 5.8 - MAINTENANCE AND GUARANTEE After repaving, the Contractor will be responsible for his work and will have to repair any sunken trenches immediately after aot fi- eation from. the Engineer, to the satisfaction of the Engineer and the Town of Southold Highway Department, for a period of one (1) year after the date of final certificate. S.9 =BASIS OF PAYMENT Payment will be made for the various types of pavement removal and resterat4on on a square yard basis in the following manner: t - Remove temporary pavement placed by others and restore exeava- i ars with new asphaltic cencrete as detailed on the plana. - sts len. of paved areas behind each of the new leaching pool structures 6 shall be included under this item. 2 - Removal of existing deteriorated, pavement sections and replace- 7W-t new asphaltic concrete as detailed on the plans or aa ordered ,r the Zng neer. PRR - 3 of 4 14 t f��HOLZMACHER,McLENDON&MURRELL,P.C. oo�Ktwo arras.wvMowreKxsawnrn.w w PAVEMENT RESTORATION & REPLACEMENT (CONT'D. ) 5.9 - BASIS OF PAYMENT (Cont'd. ) All pavement restoration shall be in accordance with the applicable Suffolk County Department of Public Works Specifications, the details in- dicated on the Contract Drawings and the directions and orders of the Engineer. The unit price bid for these items shall include all materials, labor, equipment and incidentals necessary to complete the work. r 6 2 PRR - 4 of 4 15 HOLZMACHER, MCLENOON&MURRELL,P.C. ao.���o ENa.waa.«wwo�w��a�a araa�.M w�M MAINTENANCE AND PROTECTION OF TRAFFIC 44 ITEM 10 10.1 - SCOPE The work includes furnishing all labor, materials, equipment and appliances necessary to maintain both vehicular and pedestrian traffic, to protect the public from all damage to person and property and to minimize inconveniences to the residences and businesses ad- jacent to the contract area for the duration of the contract in accordance with the specifications, as shown on the plans and as directed by and to the approval of the Engineer and the Town of Southold Highway Department. 10.2 - GENERAL The Contractor shall maintain traffic over a reasonably smooth travelled way which shall be so marked by signs, delineations and/or � o-thee methods so that a person who has no knowledge of conditions t cafl safely, and with a minimum of discomfort and inconvenience, ride, drive or walk over all or any portion of the roadway under construc- tion. onstruc-tion. The Contractor shall prepare and submit a plan to the Engineer for his approval , outlining a schedule of operations for the mainten- ance, protection and detouring of traffic showing in complete detail the methods, sequences, procedures and facilities he proposes to install. Before the Contractor shall in any way or manner restrict or interfere with the normal flow of traffic, he must first secure written approval of his proposed plan from the Engineer. The Contractor is placed on notice that the Maintenance and Pro- tection of Traffic over this highway during construction is cora- sider*d as important and necessary an item of work as is the actual construction itself. The Contractor shall at all times conduct his operation in a manner to insure the safety of motorists, pedestrians and his own employees. The Contractor shall protect the user from damage to person and property by reason of .any construction operation ( for example -- paint ng , paving, blasting, tree work, demolition, etc. ) by such protective screens , devices or methods as are approved by the Eng-ineer. b 2 SORT MPT - 1 of A 16 '..�M HOLZMACHER,MCLENOON&MURRELL.P.C. oo�wwnMo i«o�a.wrrio�remK •� "s MAINTENANCE AND PROTECTION OF TRAFFIC - CONT'D. The Contractor shall under this item be responsible for the maintenance within the limits of the contract of the entire pave- ment, drainage facilities and other highway elements, both old and new, beginning on the date construction commences and ending on the date the contract is officially accepted. The Contractor shall schedule his work so as to minimize the amount of the old travelled way that is destroyed or substantially damaged at any one time. Throughout the course of the work the health and welfare of the people shall be provided for. The Contractor shall at •least one ( 1) week in advance of proposed work, ascertain the specific needs of individuals whose homes or place of business may be inaccessible for periods of time while required construction work is in progress. In all such cases, the Contractor shall make a.kl arrangements with health, safety and protective agencies to insure. that any and all emergency or accidental needs of seriously hampered people will be eared for. Roads which must be closed to traffic completely shall be completed during the normal work week. One week's advance notifi- cation of construction shall be given to affected residents. 10.3 - MATERIALS All materials used shall comply with the requirements for the various items or materials as established in the specifications or the plans. All temporary signs, delineators, barricades, lighting and other warning and guiding devices shall be as approved by the Engi- neer, and will remain the property of the Contractor. All materials and equipment and workmanship for electrical installations shall be in strict compliance with the Standard Code Requirements and the work shall be performed by licensed electri- cians. The Contractor shall obtain, supply and pay for all required electrical energy and shall make all necessary arrangements with the utility canpany for service points. All electrical services., permits and certificates shall be obtained and paid for by the Contractor. i SOHT MPT - 2 of 6 17 HOLZMACHER.McLENDON L MURRELL.P.C. COMM""uMIMNM,MIYIIIOMMN�M�d/MM».wlaNM«rM MAINTENANCE AND PROTECTION OF TRAFFIC - CONT'D. 10.4 - CONSTRUCTION DETAILS 10. 4.1 - General - The Contractor shall generally provide a travelway suitable for maintaining a minimum of two lanes of traffic. This travelway shall be kept well drained and reasonably smooth and hard at all times and free of potholes, bumps, irregularities and depressions that hold or retain water. 10.4.2 - Warning Signs & Delineators - The Contractor shall erect barricades, detour signs, warning lights and other facilities' approved by the Engineer at the beginning, end and for the entire length of any detours to adequately warn the travelling public that the road is closed and indicate the direction and route of the detour. He shall conduct his operations to insure a minimum of delay to traffic. The Contractor shall furnish, erect and maintain proper reflect- oriaed signs, indicating to motorists the status of the highway under construction. All signs shall be kept clean, mounted at the indicated height and so placed as to be effective both day and night. Signs, warnings, delineators and barricades shall be used to adequately inform the motorist of any unusual or unsafe condition and to safely and clearly guide him through the contract area. Such signs, barricades, warnings or devices shall be so placed and lighted as to give timely warning and permit the motorist to take the necessary action to traverse the area safely. Barricades and signs shall be lighted when and as required . The Contractor shall delineate areas where there is a drop-off near the edge of the travel lanes and areas on which it is unsafe to travel . Where the drop-off is less than 6-inches, and where soft or unsafe areas occur, an approved delineator shall be placed along the edge of the travelway at intervals of not more than 200 feet. Where . the drop-off is greater than 18-inches, a continuous delineation consisting of a white board or band shall be used in addition to individual delineators. Thirty ( 30) to fifty ( 50) gallon drums or containers set on end may be used as delineators, provided they are painted orange and white and kept clean at all times. Other markers or del iseators may be circular or rectangular in shape and shall be constructed of reflective sheeting having a minimum area of 20 square inches or reflective buttons having a minimum diameter Of 3-inches. All reflective delineators or markers shall be yellow or amber in color except that at entrances to commercial establish- ments the Contractor shall place a green reflective marker on each side of the designated safe entrance to the establishment. The entire 6 2 SOHT MPT - 3 of 6 1$ HOLZMACHER,MCLENDON i MURREU,P.C. ppNNl►fM N�MNMM.HIVIIIOIIYtM�I�OMAMA M KAMN[M MAINTENANCE AND TRAFFIC PROTECTION - CONT'D. • entrance area between adjacent green markers shall be kept safe and • smooth for convenient ingress and egress. Delineators shall be sub- stantially mounted so that the bottom of the reflective unit is 4 feet above the elevation of the travelway. Any area judged by the Engineer to be particularly hazardous shall be marked by the use of oil burning flares or signal flashers with a large reflec torized orange lens in addition to the reflective markings. All signs, markers and other facilities shall indicate actual conditions existing and shall be moved, removed or changed immediately, as conditions require. Details and types of signs, temporary barricades, timber curb and other devices are shown on Standard Structure Sheets, Manual of uniform Traffic Control Devices of the New York State Traffie commission. These are minimum requirements and the Contractor shall have an adequate quantity of each available for use as required. The Bagineer may, if conditions exist, require additional signs. In that event, they shall be consistent with the arrangements, material requirements and details of those shown on the Standard Structure Sbeets. Lighted barricades shall be fully equipped with complete electrical facilities including fixtures, lamps, conduits, switches, cut-outs, boxes, cable and all other- required equipment, appurtenances and connections to the service points designated by the utility company as necessary to install and light the barricades. The Contractor shall set and adjust time switches and other equipment as required to put the lighting system in satisfactory operation. 1.4.4.3 - Maintenance - The Contractor shall furnish material, loborland equipment at any time, day or night, to immediately repair, remedy and prevent washouts, formation of holes, ruts and depressions, oun,'keh trenches and the destruction or sinking of temporary pavements. This applies when the work is underway and .when the work is temporarily suspended for any period of time. Special attention shall be given to maintenance of a satisfactory travelway over weekends, holidays, and during the winter season. Any damage to any portion of the work occasioned by lack of adequate maintenance shall be repaired by the Contractor at his own e xpenser. r 6 2 SOHT MPT - 4 of 6 19 HOLZMACHER.MCLENDON 3 MURRELL.P.C. COMwNnalMOMMMf,��►�rrrn.r a�MME�s MAINTENANCE AND PROTECTION OF TRAFFIC - CONT'D. 10. 4.4 - Flagmen - Whenever it is necessary to maintain traffic, • the Contractor shall employ a sufficient number of competent flagmen during the time traffic is maintained. The Contractor shall also provide a sufficient number of competent flagmen in areas where traf- fic is congested, particularly where construction equipment is operating. 10.4 .5 - Access - Under this item, the Contractor shall construct and maintain at all times where required or as directed, temporary bridges or bridging across pipe trenches, excavations, obstructions and newly laid pavements to provide adequate ingress and egress for pedestrian and vehicular traffic to and from private driveways, busi- ness and commercial establishments or for main street intersections and heavily travelled crossings. The Contractor will be required, after the installation of all pipes and necessary appurtenances thereto, to immediately backfill all trenches, compact the same with the surface -of the fill graded off, and install temporary pavement to permit the resumption of traffic without delay. The surfaces of all trenches shall be maintained continually by the Contractor to carry traffic smoothly, safely and without interruptions or slowdowns , until the permanent pavement has been restored. 10.4.6 - Existing Signs - All existing highway signs and supports within the contract limits are to remain under the control and juris- diction of the Engineer and are to be properly maintained for the duration of the contract by the Contractor as directed by the Engineer. The Contractor shall, when shown on the plans or ordered, remove these existing signs; store, protect and keep them clean; and replace them on the contract as directed by the Engineer. Signs not to be replaced shall be cleaned and delivered to the Town as directed by the Engineer. Signs or markers lost or damaged because of negligence on the part of the Contractor shall be replaced at the Contractor 's expense. 0.5 - BASIS OF PAYMENT The work of maintenance and protection of traffic shall be paid for under Item 10 at a lump sum mid price that is greater than or equal to the minimum bid price indicated on the proposal sheets. In the event that, in the opinion of the' Engineer, traffic is not properly and adequately maintained on any part of the contract on any day, and/ or the Contractor deviates from or fails to comply with the approved plans, schedules and modifications or amendments thereto, no payment for 6 maintenance and protection of traffic will be made for that day. 2 SOHT MPT - 5 of 6 20 HoLZMACHER.McLENDON&MURRELL. P.C. cwwwrwea �a�aw�► MAINTENANCE AND PROTECTION OF TRAFFIC - CONT'D. Daily cleanups of the project site are considered an integral part of the maintenance and protection of traffic. Therefore, no payment will be made for those days where, in the opinion of the Engineer, the Contractor has not performed asatisfa tory cleanup. The amount of any such daily non--payment will may exceed the .actual gate sum of money deducted for daily non-payment amount bid for this item and may be deducted from any monies due the Contractor on other items of this contract. if the Contractor fails to maintain and protect traffic ade- quately and safely for a period of 24 hours, the Engineer may cor- rect the adverse conditions by the use of such meansthap thsmayei as deem necessary and augmented by such other equipment it may be necessary to hire from ®�terialssiuandsequipment shailentire be cost of this work by such forces, dedue,ted from any monies due the Contractor_ on this contract. The deduction clue to the cost of this work shali be in addition to the daily non-payment deductions listed above. The bid price shall include the cost of furnishing all labor, materials, tools and equipment necessary to satisfactorily complete the required work. Monthly payments will be made for this item in proportion to the total amount of contract work, excluding maintenance and pro- tection of traffic, completed divided by the total bid price less the stated allowance for maintenance and protection of traffic. b 2 SOHT MPT -- 6 of 6 21 HOLZMACHER, MCLENDON 1 MURRELL.P.C. oo�ru►�o EM.reM..aMvrio�rn��w�aawwn.w ww.�u. TACK COAT ITEM 11 11.1 - SCOPE This work shall consist of preparing and treating an existing bituminous or concrete surface with bituminous material in accordance with these specifications and. in reasonably close conformity with the limits shown on the plans or established by the Engineer. 11.2 - MATERIALS The bituminous material, prior to dilution, shall meet the re- quirements of one of the following material .c�esignations from the N.Y.S.D.O.T. "Standard Specifications - CONSTRUCTION AND MATERIALS", dated January 2, 1981 : Asphalt Emulsion (HEMS-2h) 702-3401 Asphalt Emulsion (SS-1h) 70 2-3601 Cationic Asphalt Emulsion (CSS-1h) 702-4501 ' The bituminous material shall be diluted with an equal volume of suitable emulsifier solution and thoroughly mixed into a homogeneous liquid. The diluted bituminous material will be sampled and tested in accordance with the Engineer's written instruction. 11.3 - _CONSTRUCTION DETAILS I'1.3.-1- Equipment - The Contractor shall provide equipment for heatift the bituminous material and a distributor for applying the tack coat. The distributor shall be so designed, equipped, maintained and operated so that bituminous material can be applied uniformly on variable wi,dths of surface up to 1S feet at readily determined and controlled rates from 0.05 to 2.0 gallons per square yard, with uniform pressure, and with an allowable variation from any specified rate not to exceed • 0 .02 gallons per square yard. Distributor equipment shall ifaolude a tack"et4w,, accurate volume measuring devices or a calibrated taak, and a thermometer for measuring temperatures of tank contents. bist r i- bstocs shall be equipped with a power unit for the pumpg, and full cir- culation spray bars adjustable laterally and vertically. Nistributocs 0 shall be equipped with an approved bituminous material sampling valve. When samples are taken through such valves, they shall be considered 1 representative of - all material in the tank. TC - 1of2 22 HOLZMACHER,MCLENDON&MURRELL.P.C. {pNMKI.q INO.INM.MI.MOMYNIlM A�.NANMpU TACK COAT - CONT'D. 11. 3.1 - Equipment - (CONT' D.) Small power spray units or hand spray equipment may be used in areas where the Engineer determines that the use of a distributor is impractical . Preparation of Surface to Be Treated - The existing WurEact shall ;e patched and c -cancl—ean4d and shall be free of irregularities to provide a reasonably smooth and uniform surface to receive the treat- ment. Unstable corrugated areas shall be removed and patched with mat- ecials determined suitable by the Engineer. The edges of existing psw~nts, which are to be adjacent 'to new pavements, shall be cleaned to pewit the adhesion of bituminous materials. - 1iE,ation mf B ta�inous Material - The bituminous sate.r 'a -*hall be un .uniformly applied th a pressure d istr' butcr . The ack coat shall be applied in such a manner as to permit ane-way traffic, where practical. In addition, the tack coat shall be applied so as to offer the ' least inconvenience to traffic and to prevent pickup or tracking of the bituminous material. Tack coat shall not be applied during wet or cold weather, as determined by the Engineer. The temperature and areas to be treated shall be approved prior to application. The application rate shall be 0 .10 - 0 .15 gallons per square yard unless otherwise ordered by the Engineer. 1.1.4 - KXTHGD OF NEASUREMENT The quantity to be paid for will be the number of gallons of diluted emulsion measured at 60 degrees Farenheit incorporated into the work. - X15 Vit' PAYMENT The unit price bid per gallon for tack coat shall inclodie the coat forwishing materials and all equipment and labor aec*sa"y to ass- • poet* tte work. 1 0 1 _ TC - 2of2 23 H2M OW. / HOtZMACHER, McIENOON &MURR" P.C. com"nmo wamum ANO Uffl mMWAL Mum" THERMOPLASTIC PAVEMENT MARKINGS 12. 1 - SCOPE .a Under this item, the Contractor shall furnish and apply thermoplastic reflectorized pavement markings at the locations and in accordance with patterns indicated on the plans or pavement, or as ordered by the Engineer. This work shall include the cleaning and preparation of pavement surfaces and the maintenance and protec- tion of traffic during installation. 12.2 - MATERIALS : THERMOPLASTIC PAVEMENT MARKING MATERIAL WHITE & YELLOW This specification shall cover reflectorized thermoplastic pavement striping material that is extruded to the pavement surfaces in a molten state by mechanical means and which upon cooling to the normal pavement temperature produces a reflectorized traffic stripe of desired thickness and width. The term "Thermoplastic Material" defines a substance free of volatiles, appl*fed in a molten state, which after cooling to the ambient temperature and without polymerization or any other chemical change forms a traffic marking stripe of a quality and appearance as specified in subsequent' sections of these specifi- cations.' pecifi-cations: This specification is intended to set minimum limits on material characteristics of the thermoplastic compound. The successful bidder shall furnish test samples of materials. He must also submit a list of installations made in the last three years. Material composition shall be in accordance with the following A. In the plastic state, the material shall not give off fumes which are toxic or otherwise injurious to persons or property. B. The temperature versus viscosity characteristics of the plastic ■hterial shall remain constant through four reheatings; and shall be the same from batch to batch. There shall be no obvious change in color of the material as a result of a number of reheatiegs or from batch to batch. C. The pigmented binder shall be well dispersed and free from all Skins, dirt, foreign objects, or such ingredients as will cause bleeding, staining or discoloration. 24 PM I Of 5 i H2M CORP. / HOLZMADiER. Md DON i MURRELL. P.C. cwwAnma owl4am ANO t mOMMOTAL w4amm THERMOPLASTIC PAVEMENT MARKINGS - CONT'D . i D. The binder shall consist of a mixture of non-drying synthetic , resins at least one of which is solid at room temperature. The total binder content of the thermoplastic compound shall be not less than twenty percent (20%) and sufficient to hold the exposed beads securely in place without the beads abrading off. E. The filler to be incorporated with the .resins as binder shall be a white calcium carbonate- or approved alternate with a minimum compressive strength of five thousand pounds (5;000 lbs. ) per square inch. F. Specific gravity of, the materials shall be between 1.9 and 2. 1 at 25 degrees centigrade. G. The percentage of pigments for white and yellow thermoplastic shall be between 10% and 15%. E. The softening point (ASTM E 28 Test).. sAall be a. minimum of 90 or as the Engineer approves . 1. Reflectorised beads (Fed. Spec. TT-P-85) shall be employed in. the material to the extent of not lees than twenty percent (206) nor more than 30 percent (30%) by weight of material. The glass beads used in the formulation shall have refractive indexes of not less than 1. 50 when tested by the liquid method at 25 degrees centigrade; shall consist of 90% min. by count of water white true spheres and shall be free -from air inclusions. The beads shall have the following gradation unless the Engineer approves alternate sizes: W. Sieve No. Maximum Percent Passing 30 60% 50 15% 100 0% Not less than 90% of the spheres shall meet the following require- ments: 1. The surface of the spheres shall be smooth, 'lustrous ane! • tree from film, scratch and pits. PM - 2 of 5 25 H2M CORP. / HOLZMACHER, MCLENOCN`MtRtRELL. P.C. CONSULnr+o lHOlHU" Mo a1MWWMCWAL SOOM" THERMOPLASTIC PAVEMENT MARKINGS - CONT'D. 2. The spheres shall be clear and transparent and shall not be ovate in shape or fused spheroids and shall meet ASTM D1155 speci- fications. 3. The spheres shall show high autocollimating, efficiency. Not more than 1% shall be black, amber or milky. The compound shall not deteriorate by contact, with sodium chloride, calcium chloride, or other chemicals used against formation of ice on roadways or streets or because of the oil content of pavement materials or from oil drip- ping from traffic. J. Topdressing beads shall be beads with a refractive index of 1.50 and the same specifications as above in Paragraph 1. Paymentfor these beads shall be included in the cost of thermoplastic material K. The night-time visibility ind'rellectivity of the white and yellow thermoplastic lines shall be at least .equivalent to reflectorized painted traffic lines having six pounds per gallon drop on beads of 1. 5 index of refraction after each -has been applied side by side on heavily traveled roads for one month. 12.3 - INSTALLATION PROCEDURES A. Layout for the installation of pavement markings will be performed by the Contractor. In the event resurfacing is completed at a time when the thermo- plastic cannot be applied, the Contractor shall install tewporsry painte lines as directed by the Engineer. The Contractor shall install re- quired permanent thermoplastic lines when the road surface is the appropriate temperature. The Contractor in submitting his bid, hereby agrees that he shall have no claim for any damages due to such delay other than extended time to complete the work. Application for- exten- sion of time shall be filed by the Contractor with the Engineer at least 15 days prior to the contract date of completion. The cost of any required temporary painted lines shall be included in the unit price bid for Item 12. B. Installation procedures for thermoplastic materials shall be in accordance with the following; 1. Before any work is begun, a schedule of operations small be submitted for the approval of the Engineer. Signs, cones &Rd other traffic control devices necessary to conform maintenance of traffic operations to the New York State Manual of Uniform Traffic Control Devices shall be on hand for the Engineers inspection prior to the start of work. 26 PM - 3 of 5 HN CORP. / HOIZMACHEP, MdMOON a MURR" P.C. cONsuo"a f710 mum ANO omwwmatTAL sccw Sn THERMOPLASTIC PAVEMENT MARKINGS - CONT'D. 2. Material shall be applied to the pavement at material temper- ature no lower than 360OF nor highttr than 4200F. Installation shall be done only in seasonable weather, in accordance with good practice and in accordance with the manufacturer's recommendation. Immediately after application of the thermoplastic, drop on glass spheres (top- dressing beads) shall be mechanically applied while the thermoplastic is still sufficiently molten, such that the spheres will be held by and mechanically imbedded in the surface of the material, in order to provide immediate night reflectivity. 3. The material shall be placed in accordance with the layout lines marked by the Contractor and shall conform as closely as possible to these layout marks. 4. gleaning Equi meet - Equipment must be provided to insure removal ofusst, debris, and other.,foreign. matter from the read surface immediately prior to the installation of the thermoplastic. 5. Condition of Pavement - The pavement shall be dry and free from oil,, dirt, greaso or othor foreign contaminants at the time of instal- 1% lation and the pavement temperature shall ' be above 550F and ambient temperature shall be 450F and rising. J0 6. E ui ment for Melting and Heating Thermoplastic Material - A special kettle mounted on a mobile unit is required for melt ag and heating the material. Such equipment shall incorporate the following features: The kettle shall be of sufficient capacity to satisfy the minimum installation requirements of the material as specified hereafter; The kettle shall provide means of heating the material by means of thermo- statically controlled heat transfer liquid rather than by direct flame, so an to provide positive temperature control and prevent overheating of the material; suitable temperature gauges to indicate liquid and material temperatures at all times shall be provided in the kettle; to kettle shall provide means of continually agitating the material while the material is being heated; the kettle shall have moans of rapidly and efficiently discharging the liquid material into appro- priate application equipment; the kettle shall be equipped and con- t,ructed in such a manner so as to satisfy the requirements of the gitienal Board of Fire Underwriters and the appropriate agenei+es of the State of New York. y. jlpplication Esui •ment - Equipment shall be provided to plate the material on the pavement as a finished line. -The portable hand operated applicator shall inelude the following features PM 4 of 5 27 HM CORP. / HOLZMACHEk McLEMDON 6 MURRELL. P.C. CONSUL"M ZMNUM ANO 04"WOMMAL saaawn THERMOPLASTIC PAVEMENT MARKINGS — CONT'D. The applicator shall provide agitation for the material prior to its actual installation; the applicator shall provide means of maintaining the material at its proper application temperature(not dower than 360OF nor above 4200F) ; the applicator shall be equipped with an extrusion shoe (die) that shall maintain uniformity of speci- fied width, and thickness of not less than 3/16-inch of generally. uniform cross-section. The shoe(s) or die(s) shall be made available to the Engineer for inspection prior to the start of work; the appli- cator shall provide a means of cleanly cutting off the ends of each length; the applicator shall be capable of providing lines of vari- able widths from 4-inches to 12-inches by use of interchangeable parts ;. the applicator shall be easily maneuverable and so constructed as to per t application of curved lines ; the applicator shall be provided with a bead dispenser capable of uniformly dispensing reflective, glass.. spheres (topdressing) at controlle4 rates of flow. The bead dispenser shall. be automatically operated in such a mknner .that it will only dispense beads while the material is being .applied. The beads shall be dispensed at a rate of not less than one pound per 16-square feet of. material. Equivalent to 1 pound per 48 L.F. of 4-inch line. The ap- plieaters shall be equipped and constructed in such a manner so as to satisfy the requirements of the National Board of Fire Underwriters and the appropriate agencies of the State of New York. In addition, a truck mounted mobile applicator may be used for the installation of longitudinal lines. This pavement marking machine shall combine the specifications of the above described kettle and applicator in one self- contained unit. 12.4 BASIS OF PAYMENT Payment shall be made under Item 12 at the price bid for the actual number of linear feet of four-inch-wide pavement marking material measured along the center of the surface stripe. No payment will be Made for the number of linear feet of space in the dashed line. Payment for markings wider than four inches will be made at contract price per foot of the four-inch line multiplied by the actual width in inches divided by four. Payment for arrows shall be made as equivalent to 50 feet of four-inch line per arrow. This item will be paid for at the contract unit price per linear feet of four-inch-wide pavement marking. The unit price bid shall include full compensation for furnishing all material, equipment, labor, and incidentals necessary to satisfactorily complete the work, All ' material includes topdressing beads. 28 PM. - 5of 5 HOLZMACHER,MCLENDON&MURRELL,P.C. WN&AMS ENOwaEEM.EMM�oMranN�aaman.MN�MM�Aa ADDITIONAL EXCAVATION AND BACKFILL ITEM 14 14.1 - SCOPE The work includes the furnishing of all labor, materials, equip- ment and appliances necessary to perform, stockpile and dispose of additional excavation, furnish and place additional selective backfill, perform and dispose of rock excavation in accordance with the speci- fications as- ordered by and to the approval of the Engineer. 14.2 - ST- QC EPILING OF SURPLUS MATERIALS The Contractor. shail stockpile all materials that are ,excess from excavations that are suitable for reuse under this section of the specifications. The excess materials from excavations shall be stock- piled on property provided by and at -the expense of the Contractor. When ordered by the Engineer to provide backfill, the Contractor shall utilize all of the material stockpiled prior to furnishing "addi- tional addi-t anal backfill", for which separate payment will be made. At the completion of construction, all excess materials stock- piled will become the property and responsibility of the Contractor. There shall be no payment for maintenance of the stockpile herein described nor shall there by payment for rehandling any materials in the stockpile to incorporate it into the work. Payment shall be made only for the additional excavation required, if any, to remove unsuit- able materials from beneath normal, excavation lines. 14.3 i RLSCRIPTION 14,3j - Additiona7,_ Backe 1, -- ,Shal,l, consist of crushed stone or bank rensend gravel, free from organic or other unsuitable material, and of approved size, grade and quality for use as indicated on the plans where directed by the Engineer. Prior to use, the Contractor shall. submit for Engineer's approval, a sieve analysis of the special backfill. The material shall be of such size that not more than 90 percent by weight shall pass the No. 40 mesh sieve and not more than 15 .percent by weight shall pass the No. 300 mesh sieve. j 14 3 2 - odlitionSl ftcAvAtion shall consist of .the ►a�. and disposa o .airy unsu to e e t oA aaterial encounter! 4mg Wit' pa emaht construction. Suitability of .various materials as a1eundation material will be decided by the Engineer. i a AE&B 1 of 3 29 HOLZMACHER, McLENDON&MURRELL,P.C. CO/g11TM10 fNpMyRll{, MYMIOMIEMfK dE1flNf{.MtAMM[M ADDITIONAL EXCAVATION AND BACKFILL (CONT'D. ) 14. 3. 3 - Rock Excavation - Shall be classified as boulders, hard and solid ledge rock and other similar materials of more than one-half y cubic yard (h c.y. ) volume. 14. 4 - PLACING ADDITIONAL BACKFILL Additional backfill shall be spread in layers not exceeding 6-inches in thickness and shall be thoroughly compacted to prevent settlement. Any settlement in the finished work shall be made good by the Contractor at his own cost and expense. 14.5 - BASIS OF PAYMENT Payment will be made at the unit price bid under Item 14A for the actual number of cubic yards of Additional Backfill as explained in Section 14.3.1, for additional selective backfill as ordered by the Engi- neer that is not already stockpiled by the Contractor for work ordered by the Engineer outside the prescribed limits as detailed on the plans or indicated in the 'specifications. No measurement and payment will be made for additional backfill used in unauthorized areas. The"price bid .per cubic yard for additional backfill shall include necessary ex- cavation xcavat on and disposal and shall cover the cost of all materials and expenses incidental to the furnishing, placing and compacting the addi- tional backfill in the completed work, in accordance with the specifica- tions, or the Engineer' s directions. Bids on Item 14A shall not be less than $2:00 nor more than $10.00 per cubic yard. Payment will be made under Item 14B at the unit price bid per cubic yard for additional excavation for the actual number of cubic yards removed below subgrade. Additional excavation shall be performed only when authorized by the Engineer. Bids on Item 14B shall not be less than '$2.00 nor more than $10.00 per cubic yard. Payment for rock excavation will be made at the unit price bid. €or Item 14C and shall. be for the actual, number of :cubic yards of ledge .rock rock or boulders that must be removed is order to provide. the proper subbase for pavement construction. In the excavation for pavement construction, the unit price to be paid for the rock excavation shall be the additional • cost per cubic yard for rock excavation. No payment shall be made nor shall measurement be made b any rock. or boulder removed which did not exceed one-half cubic yard R c•y• ) 6 in volume. 2 _ . AE&B - 2 of 3 30 HOLZMACHER. MCLENDON 6 MURRELL,P.C. commT"gaeolaa.i«www .n&A, nww&s ADDITIONAL EXCAVATION AND BACKFILL (CONT'D. ) Bids on Item 14C shall not be less than $3.00 nor more than $50.00 w per cubic yard. Payment under these Items shall include furnishing all labor, mate- rial, equipment and incidentals necessary to perform additional excava- tion, furnish and place additional backfill and perform rock excavation. 6 2 AE&B - 3 of 3 31 HOLZMACHER. MCLENOON 6 MURRELL. P.C. / H2M CORP. CONSULTINO ENGINUAS AND ENVIRONMENTAL SCIENTISTS ASPHALT CONCRETE TRUING AND LEVELING COURSE ITEM 51-TL 51. 1 SCOPE Under this Item the Contractor shall furnish and place a truing- up or leveling course over the existing pavement surface in accordance with the provisions of Item 51-TL of the "SUFFOLK COUNTY PUBLIC WORKS SPECIFICATIONS OF NOVEMBER 1, 1968", as amended. 51.2 B7kSIS OF PAYMENT The unit price bid per ton for this Item shall include the cost of furnishing all materials, labor and equipment necessary to construct the truing and leveling course, as required by the Plans and as ordered by the Engineer. 0 1 32 ACTL - 1 of 1 HOLZMACHER. McLENDON &MURRE.LL. P.C. / H2M CORP. cONSUITING ENGINEERS AND ENVIRONMENTAL SCIENTIST! ASPHALT CONCRETE, TYPE lA (TOP COURSE) ITEM 51-FZ 1.0 - SCOPE Under this Item the Contractor shall furnish and place a one- course layer of top mix to the required thickness as shown on the plans, in accordance with the provisions of Item 51-FZ of the "SUFFOLK COUNTY PUBLIC WORKS SPECIFICATIONS OF NOVEMBER 1, 1968", as amended. 1. 1 - BASIS OF PAYMENT The unit price bid per ton for this Item shall include the costs for all labor, equipment and materiias necessary to construct the top course as required by the Plans and these Specifications. Included in the unit price bid for this Item shall be th$ cost to construct all re- quired "V" grooves and the cost to thoroughly sweep clean the existing roadway surface prior to any paving operations. 1 0 1 z 33 ACTC - 1 of 1 HOLZMACHER, McLENDON &MURRELL, P.C. / H2M CORP. CONSULTING ENGINEER& ANO ENVIRONMENTAL SCIENTISTS INDEMNITY, LIMITATION OF LIABILITY 1 . INDEMNITY The Contractor and all sub-contractors performing work in connection with this contract shall HOLD - HARMLESS, INDEMNIFY and defend the OWNER and ENGINEER, their consultants, and each of their officers, agents and employees from any liability, claims, losses or damage including reason- able costs of defense arising out of or alleged to arise from the Con- tractor' s or sub-contractor' s negligence in the performance of the work described in the Contract documents, but not including liability that may be due to the sole negligence of the OWNER, ENGINEER or their officers, agents and employees. 2. LIMITATION OF LIABILITY The Contractor and all sub-contractors agree to limit the liability of the OWNER and ENGINEER due to the Engineer' s professional negligent errors or omissions such that the total aggregate liability of the engineer to those named shall not exceed fifty thousand ($50,000 . ) dollars, or 5% of the contract award amount, whichever is greater. 1 0 0 ILL 1 of 1 HULAJA^4.FICN, MCLLr1*L&M at MUnncw r•V• am w..r. CONSULTING ENGINEERS ANO ENVIRONMENTAL SCIENTIST! CONTRACT CONTRACT IN QUADRUPLICATE FOR AT TOWN OF SOUTHOLD, SUFFOLK COUNTY , NEW YORK , dated 19 , BY AND BETWEEN THE TOWN BOARD OF THE TOWN OF SOUTHOLD. SUFFOLK COUNTY, NEW YORK, (herein called the "Town, " and (herein called the "Contractor" ) . WITNESSETH , that the Town and the Contractor, in consideration of the premises and of the mutual covenants , considerations and agreements herein contained , agree as follows: This Contract is hereby awarded to the Contractor for the work and material called for under his bid in the Proposal section of the Contract and designated as Items: i and if required by the Consulting Engineer, Items: for the sum Of: Dollars for the unit and/or lump-sum price(s) as listed in the Proposal herein. C-1 HOLZMACHER. MCLENDON d MURRELL. P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTIST! CONTRACT - CONT' D. 1 . CONTRACT DOCUMENTS AND DEFINITIONS The Notice to Bidders, Information for Bidders, Proposal, General Conditions, Contract , Specifications and Plans, together with any Addenda , shall form part of this Contract , and the pro- visions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. The titles, headings, head- lines 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 Docu- ments" is used, it shall mean and include this Contract, the Plans, Specifications, any Addenda , and the Notice to Bidders, Information for Bidders, General Conditions and Proposal. In case of any con- flict or inconsistency between the provisions of the Contract and those of the Specifications, the provisions of the Contract shall govern. WORK: The ' term "Work" , as used herein, refers to 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 completed project , and includes all plant , labor, materials, supplies, equipment and other facilities and acts necessary or proper for or incidental to the carrying out and completion of the terms of this Contract . The term "work performed" shall be construed to include material delivered to and suitably stored at the site of the project. EXTRA WORK: The term-"Extra Work" , as used herein, refers to and includes all work required by the Town which, in the judgment of the Engineer , involves changes in or additions to work required by the Plans, Specifications and any Addenda in their present form. SUBCONTRACTOR: The term "Subcontractor" , as used herein, shall mean any person, firm or corporation applying labor and material for work at the site of the project , but not including the parties to this Contract. ENGINEER: In the performance of the work, the Town shall be represented by its Consulting Engineer HOLZMACHER, McLENDON & MURRELL, P.C. , (herein called the "Engineer") . C-2 HOLZMACNER, MCLENDON & MURRELL. P.C. / N2M CORP. COMULTINO ENGINEERS AND ENVIRONMENTAL BCIMTIST! CONTRACT - CONT'D. 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 the last known business address of, the person, firm or corporation for whom intended or to his, their, or its duly authorized agents, representatives or officers, or when enclosed in a postage prepaid wrapper or enve- lope addressed to such person, firm or corporation at his, their, or its last known business address and deposited in a United States Mail Box. DIRECTED. _R 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, designa- tion or prescription of the Engineer, and "approved", "satisfied" , or "satisfactory" , "in the judgment of" , and words of like import, shall mean approved or acceptable to, or satisfactory to, in the judgment of the Engineer. 2. SCOPE OF THE WORK The Contractor will furnish all plant , labor, material, 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 the Contract. 3. COMPENSATION TO BE PAID TO THE CONTRACTOR (a) Agreed Prices: It is understood and agreed that the Con- tractor 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 reason of variations from the estimated quantities set forth in the Proposal. • (b) Extra Work and/or Changes : The Town 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 : C-3 HOLZMACHER, McLENOON 6 MURRELL. P.C. / H2M CORP. CONSULTING ENOINMS AND ENVIRONMENTAL SCIENT M CONTRACT - CONT'D. (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 prices or by a lump sum mutually agreed upon by the Town and the Con- tractor, or (3) If no such unit prices are 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, or 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 percent (20%) as full compensation for all other items of profit , costs and expenses , including administration, overhead, superintendence, insurance, insurance other than Workmen 's Compen- sation Insurance, material used in temporary structures, allowances made by the Contractor to subcontractors, additional premiums upon the Performance Bond of the Contractor and the use of small tools. J 4. TIME OF ESSENCE Inasmuch as the provisions of this Contract relating to the time for 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 pro- visions are of the essence. of thip Contract. 5. COMMENCEMENT OF WORK The Contractor agrees that he will commence work within ten {1.0) consecutive calendar days after signing this Contract, and that the day he commences work shall constitute the first of the consecutive calendar days allowed for completion of the work. ti W C-4 HOLZMACHER, MCLENDON b MURRELL, P.C. / H2M CORP. CONJULTING ENGINEERII AND ENVIRONMENTAL 'CIENTIM CONTRACT - CONT'D. 6. TIME FOR COMPLETION The time for completion of this Contract shall be within the number of calendar days stated in the Bid Proposal and the date of such compl6tion shall be the date of the certificate of com- pletion hereinafter specified. The Town reserves the right to order the Contractor to suspend operations when, in the opinion of the Engineer, impro- per weather conditions make such action advisable, and to order. the Contractor to resume operations when weather and ground con- ditions permit. The days during which such suspension of work is in force are not chargeable against the specified completion time. 7. LIQUIDATED DAMAGES FOR DELAY The time limit being essential to and of the essence of this Contract , the Contractor hereby agrees that the Town 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 sun of two hundred and fifty dollars ($250.CO) per day 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 Town 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, provided, however, that the Town 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 completign of his 4 work by reason of unforeseeable causes beyond his control and with- 2 out his fault, or negligence, including but not restricted to Acts ,of God or of any public enemy, acts or neglect of the Townp acts or neglect of any other Contractor, fires, floods, epidemics, quarantine restrictions, strikes, riots, civil commotion 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 Town. No such extension of time shall be considered a waiver by the Town of its right to terminate the Contract for abandonMOnt or delay by the Contractor as hereinafter provided or relieve the Contractor from full responsibility for performance Of his obliga- tions hereunder. C-5 RT HOLZMACHER, MCLENDON 6 MURRELL. P.C. / H2M CORP. CON3ULTINO CNOINEER• AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT' 1). 9. CONTRACT SECURITY (a) The Contractor shalt furnish a Performance Bond in an r amount equal to one hundred percent ( 100` ) of the total. contract price as security for the faithful performance of this contract , and for the payment of all persons performing labor or furnishing mater- ials in connection with this Contract . (b) Additional or Substitute Bond : If, at any time, the Town shall be or become dissatisfied with any surety or sureties, then upon the Performance Bond, or if , for any other reason , such bond shall cease to be adequate security to the Town , the Contractor shall , within five (5) days after notice from the Town, substitute an acceptable bond in such form and sum, and signed by such other surety as may be satisfactory to the Town. The premiums on such bonds shall be paid by the Contractor. No further payments shall be deemed due , nor shall be made until the new surety shall have been qualified. (c) Prior to release of the Performance Bond, the Contractor shall deliver ' to the Town a Maintenance Bond equal to one hundred percent (100%) of the total Contract price, including all extras. This Maintenance Bond shall remain in full force and effect for a period of one (1 ) year after the date of the final certificate and j such bond, which shall be executed by the Contractor and issued by a reliable, solvent surety company authorized to do business inthe State of New York shall guarantee to the Town that the Contractor shall promptly remedy any defects or faults that may occur within twelve (12) months after completion and acceptance of the work performed by the Contractor pursuant to this Contract. 10. CONTRACTOR'S INSURANCE The Contractor shall not commence any work until he has obtained and had approved by the Town all of the insurance required under this Contract , as enumerated herein : Compensation Insurance -Public Liability and Property Damage Insurance Contractor's Protective Liability and Property Damage Insurance Owner's (Town of Southold) and Engineer's Pro- tective Public Liability and Property Damage Insurance Automobile Public Liability and Property Damage Insurance C-6 HOUMACHER. MCLENOON & MURR" P.C. / H2M CORP. CONlULTING ENGINEERS AND ENVIRONMENTAL BCIENTIBT! CONTRACT - CONT' D. The Contractor shall not permit any subcontractor to commence any operation on the site until satisfactory proof of carriage of the above required insurance has been posted with, and approved by, the Town. (a) Compensation Insurance: The Contractor shall take out and maintain, during the life of this Contract , Workmen's Compensation Insurance for all of his employees employed at the site of the pro- ject , and in any case of any of the work being sublet, the Contractor shall require the subcontractor similarly to provide Workmen's Com- pensation Insurance for all of the latter's employees, unless such employees are covered by the protection afforded by the Contractor. (b) Public Liability and Property Damage Insurance: The Con- tractor shall take out and maintain during the life of this Contract such Public Liability and Property Damage Insurance as shall pro- tect him and any subcontractor performing work covered by this Contract for 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 , whether such opera- tions be by himself or by any subcontractor, or by anyone directly or indirectly employed by either of them, and the amounts of such insurance shall be as follows: Public Liability Insurance in the amount not less than Five Hundred Thousand Dollars ($500,000. ) for bodily injuries, including wrongful death to any one- person, and subject to the same limit for each person in an amount not less than One Million Dollars ($1,000,000. ) on account -of one apcident. Property Damage Insurance in an amount not less than One Hundred Thousand Dollars ($500,000. ) for damages on account of any one accident and in an amount of not less than Two Hundred Thousand Dollars ($1 ,000,000. ) for damages on account of all accidents. (c) Liability and Property Damage Insurance: The above policies for public liability and property damage insurance must be so written as to include Contractor 's Protective Liability and Property Damage Insurance to protect the Contractor against claims arising from the operations of any subcontractor. C-7 HOLZMACHER, McLENDON 6 MURRELL. P.C. / H2M CORP. CONSULTING ENOINEEAS AND ENVIRONMENTAL 8CIENTIST! CON'T'RACT - CONT1 D. (d) Owner's and/or Engineers Protective Public Liability and Property Damage Insurance: (Town and/or Town Board, Town of Southold and/or Holzmacher, McLendon & Murrell, P.C. ) The Con- tractor shall furnish to the Town with respect to the operations he or any of his subcontractors perform, a regular Protective Public Liability Insurance Policy for and in behalf of the Town and/or Town Board, Town of Southold and/or Holzmacher, McLendon & Murrell, P.C. , providing for a limit of not less than $500,000. for all damages arising out of bodily injuries to, or death of one person and subject to that limit for each person, a total limit of $1,000,000. for all damages arising out of bodily inju- ries to, or death of, two or more persons in any one accident ; and regular Protective Property Damage Insurance providing for a limit of not less than $500,000. for all damages arising out of injury to, or destruction of, property in any one accident and subject to that limit per accident a total (or aggregate) limit of $1, 000,000. for all damages arising out of injury to, or des- truction of property during the policy period. The insurance must fully cover the legal liability of the Town and/or Town Board, Town of Southold as owner and/or Holzmacher, McLendon & Murrell, P.C. The coverage provided under this policy must not be affected if the Town and/or Engineer performs work in connection with the project either for, or in cooperation with, the Contractor or as an aid there- to, whether the same be a part of the Contract or separate there- from, by means of its own employees or agents, or if the Town and/or Engineer directs or supervises the work to be performed by the Contractor. (e) Automobile Public Liability and Property Damage Insurance: The Contractor shall take'-out and maintain during the life of the Contract such automobile public liability and property damage insurance as shall protect him and any subcontractor performing work covered by this contract 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 Con- tract, whether such operations be by himself or by any subcontractor, or by anyone directly or indirectly employed by either of them and the amounts of such insurance shall be as follows : C-8 HOLZMACHER. McLENDON & MURRELL, P.C. / H2M CORP. CON3ULTINO 0401HELAS AND ENVIRONMENTAL SCIENTISTS CONTRACT — CONT' D. Automobile Public Liability Insurance in an amount not less than Five Hundred Thousand Dollars ($500,000. ) for bodily injuries, including wrongful death by any one person, and subject to the same limit for each person in an amount not less than One Million Dollars ($11P0001000. ) on account of one accident. Automobile Property Damage Insurance in an amount of not less than One Hundred Thousand Dollars ($100,000. ) for damages on account of any one accident and in an amount of not less than Two Hundred Thousand Dollars ($200,000. ) for damages on account of all accidents. 11 . PROOF OF CARRIAGE OF INSURANCE The Contractor shall furnish the Town with certificates of each insurer insuring the Contractor or any subcontractor under this Contract , except with respect to subdivision (d) of Paragraph 10. In respect to this paragraph, the Contractor shall furnish the Town with the original insurance policy and a copy to the Engineer. Both certificates, as furnished, and the insurance policy, as required, shall bear the policy numbers, the expiration date of the policy and the limit or limits of liability thereunder. Both the certificates and the policy shall be further endorsed to provide the Town and Engineer with any notice of cancellation at least five (5) days prior to the actual date of such cancellation. C-9 HOLZMACHER, MCLENDON 6 MURRELL. P.C. / H2M CORP. CONSULTING 0401HELAS AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT" D. 12. COMPLIANCE WITH LABOR AND PENAL 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 Laws, as amended, provide 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 con- templated by this Contract , shall be permitted or required to work more than eight (8) hours in any one 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, except in such emergency; that the wages to be paid for a legal day's work as hereinbefore defined, to laborers, workmen, or mechanics upon the work called for under this Con- tract , or for any materials 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 outside the limits of cities and villages are no longer exempt from the pro- visions of the Labor Law which required the payment of the pre- vailing rate of wages and the eight (8) hour day. Section 222 of the Labor Law, as amended by Chapters 556 and 557 of the Laws of 1933, provides that preference in employ- ment 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 satis- factory 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 Industrial4Commissioner, the Con- tractor 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 (30) days nor more than ninety (90) days, or both fine and imprisonment. C-10 NOLZMACNER. McLENDON d MURRELL. P.C. / N2M Colic. CAN3UlnNO p101NE[A• AND ENVINONMt1JYAl 6CIENTItTs CONTRACT - CONT' D. Section 220A of the Labor Law, as amended by Chapter 472 of the Laws of 1932, provides that before payment is made by or on behalf of the State or 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 sub- contractor to file a certified statement in writing, in satis- factory 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 Contract, 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 payment to any Contractor or subcontractor to the extent of the amount or 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 other reason, it may be deemed advisable, the Comptroller of the State or other financial officer of the Municipal Corporation may deduct from the whole amount of any payment on account thereof the sum or sums admitted by any Contractor or subcontractor in such statement or statements so filed to be due and owing by him on account of labor per- formed 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 Con- tractor or subcontractor and may pay directly to any person the amount or amounts so .s.hown 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, recon- struction, maintenance and/or repair of highways to which the State, County, Town and/or Village is a party shall contain the provision stating the minimum rate of hourly wage that can be . 6 paid, as shall be designated by the Industrial Commissioner, 2 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 corporatnn that willfully pays C-11 HOLZMACHER, MCLENOON d MURRELL, P.C. / H2M CORP. CONSULTING ENa1NEERi AND ENVIRONMENTAL OCIENTIM CONTRACT - CONT'U. 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 by both 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 or 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 Com- missioner, State of New York, for this Contract , are as set forth in the Information for Bidders. Section 1918 of the Penal Law, as amended, provides that 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 of 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 person, corporation or municipality conveying combustible gas, and if 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 disharge explosives to protect a person or persons from an immediate and substantial danger of death or serious personal in- given before any such discharge is under- jury if such notices are taken. Any such work shall be performed in such manner as to avoid damage to pipe conveying combustible gas. Any violation of the provisions of this Section shall be a misdemeanor. C-12 HOIZMACHER. McLENDON d MURRELL. F.C. / H2M CORP. CONbULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT' 1). Ra 13. (QUALIFICATIONS FOR EMPLOYMENT No person under the age of sixteen (16) years , and no person currently serving sentence in a penal or correctional institution shall be employed to perform any work on the project under this Contract . No person whose age or physical condition is such as to make his employment dangerous to his health or safety , or the health and safety of others, shall be employed to perform any work on this project ; provided , however, that such restriction shall not operate against the employment of physically handi- capped persons, otherwise employable, where each person may be safely assigned to work which they can ably perform. 14 . NON-DISCRIMINATION There shall be no discrimination because of race, creed or color in the employment of persons for work under this Contract , whether performed by the Contractor or any subcontractor. Neither shall the Contractor or any subcontractor discriminate in any manner against or intimidate any employee hired for the perform- ance of work under this Contract on account of race , creed or color. There may be deducted from the amount payable to the Con- tractor by the Town 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 Con- tract may be canceled or terminated by the Town and all monies due or to become due hereunder may be forfeited. 1.5. PAYMENT OIC EMPLOYEES The Contractor and each of his subcontractors shall pay each of his employees engaged in work on this project tinder this Contract in full ( less deductions made mandatory by law) in cash and not less often than once each week. C-13 ■ 2"u HOLZMACHER, McLENDON 3 MURRELL,P.C. CON8m1r 0[NG"GAL 1NV 0 R 04TK IMNTOM rN PL""f% CONTRACT - CONT' D. a 16. ESTIMATES AND PAYMENTS (a) Monthly: At the end of each calendar month during the progress of the work, the Engineer shall make up an approximate estimate of the work done and the materials furnished, based upon the prices set forth in the Proposal. In consideration of the work done and the materials furnished, the Town will pay or cause to be paid to the Contractor the amount estimated by the Engineer as due him less a sum equal to five percent (5%) of such amount and less such additional amount as may be necessary to satisfy any claims, liens or judgments against the Contractor which have not been suitably discharged. The making of any such estimate or payment made thereon shall not be taken or construed as an acceptance by the Engineer or the Town of any work so estimated and paid for. The amount of the monthly estimate remaining unpaid will be retained by the Town as a guarantee that the Contractor will faithfully and completely fulfill all obligations imposed by the Contract and Specifications, and against any damages incurred by the Town by reason of any failure on the part of the Contractor to fulfill all conditions and obligations herein contained. All partial payments are subject to correction in any subse- quent payment. The retained amounts shall be paid as set forth in 16b. The Contractor shall receive payment within ten (10) days after the Town receives payment from the New York State Department of Transportation. (b) Final Certificate: Thirty (30) days after the Contractor shall have substantially completed the work required of it under the Contract, the Engineer will prepare a final certificate of the remaining amount of the Contract balance less a sum equal to two (2) times the value of any remaining items to be completed and less an amount necessary to satisfy any claims, liens or .Judgments against the items of work are satisfactorily completed or corrected, the Town shall promptly pay, upon receipt of a requisition for these items less an amount necessary to satisfy any claims, liens or judgments against the Contractor which have not been suitably discharged. Any claims, liens and judgments referred to in this section shall pertain to the project and shall be filed in accordance with the terms of the applicable Contract and/or applicable laws. The Contractor shall receive payment within ten (10) days after the Town receives payment from the New York State Department of Transpor- tation. (c) In order to secure the performance of the convenant of the Contractor, prior to release of the Performance Bond, the Contractor shall deliver to the Town a Maintenance Bond equal to one hundred percent (100%) of the total Contract price, including all extras. This Maintenance Bond shall remain in full force and effect for a period of one (1) year after • the date of the final certificate and such bond, which shall be executed by the Contractor and issued by a reliable, solvent surety company authorized to do business in the State of New York shall guarantee to the 8 Town that the Contractor shall promptly remedy any defects or faults that 2 may occur within twelve (12) months after completion and acceptance of the work performed by the Contractor pursuant to this Contract. C-14 HOLZMACHER, MGLENOON & MURRELL. P.C. / H2M CORP. CON3ULTINO ENGINEEAS AND ENVIRONMENTAL SCIENTIM CONTRACT - CONT' D. (d) Measurements for Payment : The Engineer shall make due measurement of the work done during the progress of the work and his estimate shall be final and conclusive evidence of the amounts of work performed by the Contractor under, and by virtue of , this agreement , and shall. be taken as the full measure of compensation to be received by the Contractor. When requested by the Contractor, the Engineer shall measure, re-measure or re-estimate any portion of the work; but the expense of such re-measurement or re-estimating shall , unless material error be proved , be paid for by the Contractor. 17. 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 Town from all claims and all liabilities to the Contractor for all things done or furnished in connection with this work and for every act and neglect of the Town and other relating to, or arising out of , this work , excepting the Contractor 's claims for interest upon the final payment , if this payments be improperly delayed. No payment , however, final or otherwise, shall operate to release the Contractor or his sureties s from any obligations under this Contract or the Performance Bond. 18. CONSTRUCTION REPORTS The Contractor shall, submit to the Engineer prior to the commencing of any work under this Contract a detailed schedule and plan of operation, indicating the manner in which the Contractor proposes to prosecute the work, and a time schedule therefore. 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 Contractor shall furnish the Engineer with periodic esti- mates for partial payments as required elsewhere in the Contract documents and, in addition thereto, will furnish the Engineer with a detailed estimate for final payment . Prior to being eligible to receive 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 other than the Town as may be required by such existing laws or regulations . C-15 HOLZMACHER, MCLENDON 6 MURRELL. P.C. / H2M CORP. CINNSULTINU ENGINEER& AND ENVIRONMENTAL SCIENTIM CONTRACT - CONT' D. 19. INSPECTION AND TESTS All material and workmanship shall be subject to inspection, examination and test by the Engineer and other representatives of the Town at any time during the construction and at any and all places where manufacturing of materials used and/or construct- tion is carried on. Without additional charge , the Contractor shall furnish promptly all reasonable facilities , labor and materials neces- sary to make tests so required safe and convenient . If, at any time, before final acceptance of the entire work, the Engineer considers necessary or advisable an examin- ation 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 expenses of or 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 examin- ation and reconstruction in the manner herein provided for the payment of costs of extra work. The selection of laboratories and/or agencies for the in- spection and tests of supplies, materials or equipment shall be subject to the approval of the Engineer. Satisfactory documen- tary evidence that the material has passed the required inspec- tion and test must be furnished the Engineer prior to the incor- poration of the material in the work. Any rejected work shall be removed from the site of the project completely at the expense of the Contractor. C-16 HOLZMACHER, McLENDON 6 MURRELL. P.C. / H2M CORP. CONSULTING ENGINEERS ANO ENVIRONMENTAL BCIENTIS" CONTRACT - CONT' D. 20. 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 on the Plans shall have the same effect .as if shown or mentioned respectively in both. In case of any conflict or inconsistency between the Plans and Specifications , the Plans shall govern. Any discrepancy between the figures and specifications shall be submitted to the Engineer, whose decision therein shall be conclusive. 21. SUBSURFACE CONDITIONS FOUND DIFFERENT Should the Contractor encounter subsurface conditions at the site materially differing from those shown on the Plans or indi- cated 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 . 22. CONTRACTOR'S TITLE TO MATERIALS No material or supplies for the work shall be purchased by the Contractor or by 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. 23 . SUPERINTENDENCE BY CONTRACTOR At the site of the work the Contractor shall employ a Con- struction Superintendent or foreman who shall have full authority to act for the Contractor. It is understood that such represen- tative 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. C-17 HOLZAAACHER, McLENDON 6 MURRELL. F.C. / H2M CORP. CONSULTING ENGINEER• AND ENVIRONMENTAL 8CIENTISTS CONTRACT — CONT' D. 24 . PROTECTION OF WORK, PERSONS AND PROPERTY Precaution shall be exercised at all times for the proper protection of all persons , property and work. The safety pro- visions 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 Town or its Engineer to adequately safeguard the traveling public . The Contractor shall give notice to the owners of all utilities which may serve the area and request their assistance in pre- determining the location and depth of the various pipes , conducts , manholes and other underground facilities . 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 Town or its duly authorized representatives . The Contractor shall provide and maintain such watchmen, barriers , lights , flares and other signals , at his own expense, as will effectively prevent any accident in consequence of his work for which the Town might be liable. The Contractor shall be liable for all injury or damage caused by his act or neglect, or that of his employees; 25. PATENT RIGHTS As part of his obligation hereunder and without any ad- ditional 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 Town for any loss on account of any infringement of any patent rights , unless prior to his use in the work of a particular process or a product of a particular manufacturer, he notifies the Town in writing that such process or product is an infringement of a patent. C-18 HOLZMACHER, McLENOON 6 MURRELL. F.C. / H2M CORP. CONSULTING ETNGINEEA• AND ENVIRONMENTAL IICIENTIM CONTRACT - CONT' D. 26. REPRESENTATIONS OF CONTRACTOR The Contractor represents and warrants : (a) That he is financially solvent and that he is experienced in and competent to perfrom 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 Laws , 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 it is intended and that such construc- tion will not injure any person or damage any property ; and (d) that he has carefully examined the Plans , Specifications , t and the site of the work, and that from his own investigation lie has satisfied himself as to the nature and location of the work, the character, location, quality and quantity of surface and sub- surface materials , structures and utilities likely to be encountered, the character of equipment, and other facilities needed for the performance of the work, the general local conditions which may in any way affect the work or its performance. I 27. 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 all 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 d her questions in connection with the work. Upon request , the Engineer shall confirm in writing any oral orders, directions , requirements or determinations . The enumera tioi herein or elsewhere in the contract documents of particular instances in which the opinion, judgment, 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 so performed, but without exception all the work shall be governed and so performed. C-1J HOLZMACHER, McLENDON&MURRELL,P.C. CONSULTING ENWNEEfS.ENVNIUNYENTAL SGENTISM-d KANNEPS CONTRACT - CONT'D 28. SURVEYS The Engineer will furnish the Contractor with the benchmarks necessary to complete the work. All further layout of sines and grades will be the responsibility of the Contractor. 29. CHANGES AND ALTERATIONS The Town reserves the right to make alterations in the location, line, grade, plans, form or dimensions of the work, or any part thereof, either before or after the commencement of the construction. If such alterations dimin.i.sh 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. I:f 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. 30. CORRECTION OF WORK All work and all materials, whether incorporated into the work or not, all processes of manufacture and all methods of con- struction shall be, at all times and places, subject to the in- spection 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. Rejected materials shall im- mediately be removed from the site. 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 judgment of the Engineer, shall be equitable. The Contractor expressly warrants that his work shall be 6 free from any defects in materials or workmanship, and agrees 2 to correct any defects, settlements, or shrinkages which may appear within one year following the date of the final certi, ficate. Neither the acceptance of the completed work nor SOHT C-20 81-01 HOLZMACHER, McLENDON 6 MURR" F.C. / H2M CORP. CONSULTING ENGINEER• AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT' D. payment therefor shall operate to release the Contractor or his sureties from any obligations under or upon this Contract or the Performance Bond. 31. WEATHER CONDITIONS In the event of temporary suspension of the 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 materials shall have been damaged or injured by reason of the failure on the part of the Contractor or any of his subcontractors to protect his, or their work, such work and materials shall be removed and replaced at the expense of the Contractor. 06 32. THE TOWN' S RIGHT TO WITHHOLD PAYMENTS t � The Town may withhold from the Contractor so much of any approved payments due him as may , in the judgment of the Town, 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 ,Town from loss. due to defec- tive work not remedied, or (c) To protect the Town from loss due to injury to persons or damage to the work or property of other contractors or subcontractors or others , caused by tte act or neglect of the Contractor or any of his subcontractors . The Town shall have the right, as agent for the Contractor, to apply any such amounts so r, withheld in such manner as the Town may deem proper to satisfy such claims or to secure such protection. Such application of such • money shall be deemed payments for the account of the Contractor. C-21 HOLZMACHER, McLENOON 6 MURRELL. P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL MENTIST! CONTRACT - CONT ' D. 33. THE TOWN 'S RIG11T TO STOP WORK OR TERMINA'CE CONTRACT: IIS', (a) The Contractor shall. be adjudged bankrupt or make an assignment for the benefit of creditors , or (b) A receiver or liquidator shall be appointed for the Contractor for any of his property and shall not be dismissed within 20 days after such appointment , or the proceedings in connection therewith shall not be stayed on appeal within the said 20 days , or (c) The Contractor shall refuse or fail , after notice or warning from the Engineer, to supply enough properly skilled workmen or proper materials , or (d) The Contractor shall refuse or fail to prosecute the work or any part thereof with such diligence as will insure its completion within the period herein specified (or any duly authorized extension thereof) or shall fail to complete the A work within said period , or (e) The Contractor shall fail to make prompt payment 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 provision of this Contract , then, and in any such event , the Town, without prejudice to any other rights or remedy it may have, may by seven (7) days notice 'to the Contractor, terminate the employ- ment of the Contractor and'-his rights to proceed either as to the entire work or (at the option of the Town) 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 Town may deem expedient . In such case, the Contractor shall 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. C-22 n\A.&FA^%.I1Ln' M1:l.LML&M W MUN►1LLl. r.L.. / I14M I.UKr. CON3ULTINO ENGINEER$ ANO ENVIRONME311TAL SCIENTISTS CONTRACT - CONV D. If such expense shall exceed the unpaid balance, the Contractor and his sureties shall be liable to the Town fox• such excess . If the right of the Contractor to proceed with the work is so terminated, the Town 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 Town does not so terminate the right of the Contractor to proceed, the Contractor shall continue the work. 34 . CONTRACTOR' S RIGHT TO STOP WORK OR TERMINATE CONTRACT If the work shall be stopped by order of the Court or any other public authority, for a period of three months without act or fault of the Contractor or of any of his agents , servants , em- ployees or subcontractors , the Contractor : may, upon ten (10) days notice to the Town, discontinue his performance of the work and/or terminate the Contract, in which event the liability of the Town to the Contractor shall be determined as provided in • the paragraphs immediately preceding, except that the Contractor shall not be obligated to pay to the Town any excess of the r' expense of completing the work over the unpaid balance of the compensation to be paid to the Contractor hereunder. 35. RESPONSIBILITY OF WORK z The Contractor agrees. to be responsible for the entire work embraced in this Contract unt*1 its completion and final acceptance, and that any unfaithful or imperfect work that may become damaged from any cause, either by act of commission or omission to properly guard and protect the work that may be dis- covered at any time before. the completion and acceptance shall be removed and replaced by good and satisfactory work without any charge to the Town 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 of any work by the Engineer at or before the time of a partial payment -or other estimate shall not be construed to be an acceptance of any defective work. C-23 HOLZMACHER, McLENDON d MURRELL. P.C. / H2M CORP. CONSULTINa ENamms ANO ENVIRONMENTAL SCIENTIST! CONTRACT - CON,r t D. 36. USES OF PREMISES AND REMOVAL OF DEBRIS The Contractor expressly undertakes at his own expense: (a) to take every precaution against injury to persons or damages to property ; (b) to store his apparatus , materials , supplies and equip- ment 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 ; or other contractors ; (c) to place upon any of the completed work only such super- imposed loads as are consistent with the safety of that portion of the work; (d) 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 and orderly and workmanlike appearance ; (e) before final certificate, to remove all surplus material, temporary structures , plants of any description and debris of any and every nature resulting from his operations and to put the site in a neat and orderly condition . 37 POWER OF THE CONTRACTOR TO ACT IN AN EMERGENCY In case of an emergency which. threatens loss or injury to property and/or safety to life, the Contractor will be permitted to act as he sees fit without previous instructions from the En- gineer. IIe shall notify the Engineer thereof immediately there- after 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 in- structed 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. C-24 CONSULTING CNOINEER• AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT' 1). Y (a) such person, and any firm, partnership or corporation of y which he is a member, partner, director or officer shall be disqual- ified from thereafter selling to or submitting bids to or receiving awards from or entering into any contracts with any municipal corp- oration or fire district , or any public department, agency or official thereof, for goods , work or services , for a period of five years after such refusal (b) any and all contracts made with the Town or any agency or official thereof, 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 Town 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. S v C-26 HLK1MACH[N, MCLLNUUN d MUNN[LL, r.L.. I "XM wnr. CONSULTING ENGINEER! AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT' D. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. TOWN OF SOUTHOLD BY: (TOWN SEAL) William R. Pell III , Supervisor (SEAL) Contractor BY : TITLE : STATE OF NEW YORK ) ) ss: COUNTY OF SUFFOLK ) On the day of_ 19__, before me personally i came William R. Pell III , to me known, who being by me duly sworn, did depose and say that he is the duly elected Supervisor of the Town of Southold, County of Suffolk , New York , and that at a meeting of the r Town Board of the Town of Southold, duly held on the day of 19 , the said Board, authorized the said Super- visor to execute all and any contracts on behalf of the Board; that he knows the seal of the said Town, that the Seal affixed to the foregoing instrument is its corporate seal ; that it was affixed thereto by order of the said Board , and that he signed his name thereto and executed the said instrument on behalf of the said Town by like order and authority . NOTARY PUBLIC C-27 r Iw/••n.r lu•r n.•.u.Iwr• u .w v••r•�•+• • ••• / •urw w•u . CONSULTING ENGINEERS ANo ENVIRONMENTAL SCIENTISTS CONTRACT - CONT'D. ACKNOWLEDGMENT OF CONTRACTOR , IF A CORPORATION * STATE OF NEW YORK) ) SS: COUNTY OF ) lg before me On this day of personally came and appeared to me known, who by me being duly sworn, did depose and say that he resides at that he is the of ' the Corporation described in and which executed the foregoing in- strument , that he knows the seal of said corporation, that one of the seals affixed to said instrument is such seal , that it was so affixed by order of the Directors of said corporation, and that he f signed his name thereto by like order. NOTARY PUBLIC ACKNOWLEDGMENT OF CONTRACTOR IF A PARTNERSHIP STATE OF NEW YORK) SS: COUNTY OF ) of 19 , before me On this da Y ' personally came and appeared to me known, and known to me to be one of the members of the firm of described in and who executed the foregoing instrument , and lie acknowledged to me that he ex- ecuted the same as and for the act and deed of said form. NOTARY PUBLIC C-28 P� a- a i Uz4tHOLZMACHER,McLENDON andMURRELL,P.C. Consulting Engineers. Environmental Scientists and Planners MqlvlIlG.N.Y. Farmingdale,N.Y. Riverhead.N.Y. TOWN OF SOUTHOLD SUFFOLK COUNTY NEW YORK CONTRACT AND SPECIFICATIONS FOR RESURFACING OF SOUND AVENUE AT THE WESTERN TOWN LIMIT i PROJECT NO. SOHT 81-01 TOWN BOARD Supervisor z William R. Pell III Councilmen Larry W. Murdock John J. Nickles Francis T. Murphy Joseph L. Townsend, Jr. Justice Raymond W. Edwards, Jr. SUPT. OF HIGHWAYS TOWN CLERK Raymond C. Dean Judith T. Terry _i ' SEPTEMBER 1982 i HOLZMACHER,McLENDON andMURRELL,P.C. Consulting Engineers. Environmental Scientists and Planners U2.AMelville,N.Y. Farmingdale.N.Y. FVverhead.N.Y. ■ 1AHOLZMACHER, MCLENDON&MURRELL,P.G. CONSATWO ENOWEEM ENVVIONNENTK SMUTNITE NW PLA NNENE INDEX TOWN OF SOUTHOLD RESURFACING OF SOUND AVENUE AT THE WESTERN TOWN LIMIT PROJECT NO. SOHT 81-01 PAGE NO. INDEX I - 1 page NOTICE TO BIDDERS NB - 1 page INFORMATION FOR BIDDERS IB - 12 pages PROPOSAL P-A through P-D GENERAL CONDITIONS GC - 6 pages 4 ITEM SECTION PAGE NO. N0. SECTION CODE NO. -- 0 General Specifications GS (11 pages) 1 5 5 Pavement Restoration & Replacement PRR (4 pages) 12 10 10 Maintenance & Protection of Traffic MPT (6 pages) 16 11 11 Tack Coat TC (2 pages) 22 12 1.2 Thermoplastic Pavement PM (5 pages) 24 Markings 14 14 Additional Excavation & Backfill AE&B (3 pages) 29 51 TL 51 TL Asphalt Concrete Truing & Leveling ACTL (1 page) 32 51 FZ 51 FZ Asphalt Concrete Type 1A (Top Course) ACTC (1 page) 33 INDEMNITY, LIMITATION OF LIABILITY ILL - (1 page) -- CONTRACT C - (28 pages) -- a I-1 HOLZMACHER, MOLENDON&MURRELL,P.C. CONE A"a ENONIEEM.EN11NgM1ENTµECIEum"and KANNENE NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN that SEALED BIDS will be received by the Town Clerk of the Town of Southold at the Town Hall, Main Road, Southold, New York, until 11:00 A.M . , prevailing time, on Thursday, September 30, 1982 at which time and place they will be publicly opened and read for the following contract: RESURFACING OF SOUND AVENUE AT THE WESTERN TOWN LIMIT Plans and specifications may be obtained at the Town Hall and offices of the Consulting Engineers, HOLZMACHER, McLENDON & MURRELL, P.C. 209 West Main Street, Riverhead, New. York, 11901, and Suite 140, 125 Baylis Road, Melville, New York, 11747, upon deposit of twenty-five ($25.00) for each set furnished. Deposits will be refunded to bidders who return the plans and spec- ifications within ten (10) days in good condition; other deposits will either be partially or not refunded if the Specifications have not been returned in good condition within thirty (30) days after bids have been opened. Each Proposal must be accompanied by a certified check or bid bond in the amount of five percent (5x) of the total bid, made payable to William R. Pell, III, Supervisor, Town of Southold, as set forth in the Information to Bidders. The Town reserves the right to reject any or all bids, to waive any informalities and to accept such alternate bid which, in the opinion of the Town Board, will be in the best interests of the Town. BY ORDER OF THE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK JUDITH T. TERRY, TOWN CLERK TOWN OF SOUTHOLD SOUTHOLD, NEW YORK 11971 DATED: SEPTEMBER 7 , 1982 NB-1 HOLZMACHER. McLENDON S MURRELL.P.C. OONUXTMO ENWNQM.aWWMW0dTAL WMNMT{WW PLOOMM INFORMATION FOR BIDDERS BIDS FOR PROJECT The Town of Southold Will, receive SEALED PROPOSALS for Resurfacing of Sound Avenue at the Western, Town Limit. TIME AND PLACE OF BID Bids are to be submitted in opaque envelopes and will be received by the Town of Southold at the Town Hall, Main Road, Southold, New York, not later than 11:00 A.M. , Prevailing Time, Thursday, September 30, 1982 , at which time and place they will be publicly opened and read aloud. Use of the mails shall be at the Bidder' s own risk, and the Bidder shall be responsible for physical delivery of the Bid at the time and place set for opening of Bids. BID ENVELOPE All proposals and either the certified check or bid bond must be placed in a sealed envelope bearing the Bidder' s firm name and address marked, "Project No. SOHT 81-01, Proposal for Resurfacing Sound Avenue at The Western Town Limit, Town of Southold, Suffolk County, New York" , but otherwise unmarked. If mailed, this envelope shall be placed in another envelope addressed to Town Clerk Judith T. Terry, Town of Southold, Town Hall, Main Road, Southold, New York 11971. Use of the mails is at the Bidder' s risk. Y IB-1 ft4J%.LMA(;Htn, MCLtNULNV d MUnntLL. r•L,. / riAm w. r. CONSULTING ENGIMMS AND ENVIRONMENTAL SCIENTISTS INFORMATION FOR BIDDERS (CONT'D. ) SPECIFICATION DEPOSITS (a) Deposits for specifications will be completely refunded to Bidders who return same in good condition within ten (10) days after r--- eipt of bids. Bidders will receive one-half of the deposit amount tur specfications returned after ten (10) days and before thirty (30) days following the bid date. (b) Deposits for specifications will be completely refunded to non-bidders who return same in good condition within 48 hours of receipt of said specifications. Non-bidders will receive one-half the deposit amount for specifications returned in good condition within ten (10) days following the bid date. No deposit for specifica- tions will be refunded to non-bidders after ten (10) days following the bid date. IB-2 �MHOLZMACHER, MCLENDON&MURRELL,P.C. OoWmTM/0 ENOMUN&IMM10N AKTAI KWKT*M WW PL"*AM INFORMATION FOR BIDDERS (CONT' D. ) SPECIFICATIONS Complete sets. of specifications for the inspection of prospective bidders will be found on file with the Town Clerk, Town of Southold, Town Hall, Main Road, Southold, New York, and at the office of Holzmacher, McLendon & Murrell, P.C. Consulting Engineers, 209 West Main Street, Riverhead, New York, or Suite 140, 125 Baylis Road, Melville , New York, All contractors must leave their names, phone numbers and correct mailing addresses upon receipt of the specifications. VERBAL ANSWERS The Town, its .agents, servants•'or employees, or the Engineer, will not be responsible in any manner for verbal answers to any in- quiries regarding the meaning of the contract specifications given prior to the awarding of the contract. EXAMINATION OF SITE Bidders must satisfy themselves by personal examination of the location of the proposed .work and of the actual conditions and require- ments of the work, and shall not, at any time after the submission of a proposal, dispute or complain of' such estimate or assert there was any misunderstanding in regard to the scope of work. The Contractor shall inspect the site and existing conditions be- fore submitting his bid. PROPOSAL The Form of Proposal contained herein shall be used in making out bids. Any proposal not in accordance with these instructions, or con- taining bids not asked .for, may be rejected. On those items in this contract for which there is a stated maximum and/or minimum allowable bid price, each bidder shall be responsible 7 for making sure that his bid falls within the stated limits. When the 2 price bid is lower than the minimum allowed, the bid price will be ad- justed upward to the minimum allowable price and when the price bid is higher than the maximum allowed, the bid price will be adjusted downward to the maximumallowable price. SOHT IB-3 HOLIMACHER. MCLENDON & MURRELL. P.C. / H2M CORP. CONSULTING EmOINEEA4 ANO EMVIXONMD/TAL &CIENTIOn INFoDIA'fI(1N FOR BIDDERS ((:ON'I ' D. ) As the estimates at �luancitics al items stated in the prapusal . are al►I,roximate un1y , bidders arc rcllui rcii to submit thi� i r I�rclp0' t upon and ill tile ('01 10%16.119 cxl)ress cont i t i uns , which sha l 1 al►pl y and hccomc a part of every propusal received . Bach bidder shall fill out , in ink , in both words and figures , in the spacers provided , his unit or lump sum bid , as the C.Isc 111;1y hc , 1•01' each ite11r in said I:01*111 of I'rollos:rl fur wl► iil► he is sub111itting :1 bid . No bid will be considered which does nut include bids for all itcrosinytTic;+pi�nposal , cl%1Ji tiulc Inof`—r.oi11iletion . If the bid is not accepted by the, Town within forty—five (•ISL days .1I ter the receipt of 11 ids , the obl igat ion of the bidder under this proposal may terminate at Iris apt ioil and lie sltal l thcre - rrl.Ion he entitled to a refund of his ccrt. ified check or release of his hid bond furnished by him as security with his proposal . Il 1 1) BOND Olt CIAZI I F I FI-) (:III CK Mliach proposal from a contractor shall be accompanied by a bid bond or certified cheek ate a solvent hunk of the State of New York , in tine amount of five percent ( 50 ) of the total hid . Such check shall William be tlracle l�ay:ll�le to m R. Pell III , Supervisor, Town of Southold, New York , and the amount thereof slial 1 be the measure of 1 icluidat" damages which the 'town will sustain by the fai111rc , hould t or refusal of the bidder to execute attd detive'r the contract , should the contract be awarded to him. The checks of all unsuccessful bidders will be returned upon the rejection of bids and the execution Of' the contract by the parties ; also, the check of the successful bidder will he returned upon the execution of the contract and the furnishing of the redo i reel bond . NAM OF B l DDIiR Each kidder must state .in Iris proposal , his full name and busi - ness acldress , and the full name of every person , firm or cot•poration _ interested in the sa111e , and the address of every person or firm or president and secretary of every corporation interested with 16111. If 111- 4 fNwjwAWcn, MGL J4LAN1 a FAUnnLAA, r.k.. / CONSULT11410 ENOINUAS AND ENVIRONMENTAL *CIENT'M INFORMATION FOR BIDDER (CONT , D. ) no other person be so interested , lie roust distinctly state that fact , • also that his proposal is made without any connection directly or in- directly with any other bidder for the work particularly mentioned in his proposal ; dist it is in all respects without fraud or collusion, and that no person acting for or employed by the Town is directly or indirectly interested therein, or in the supplies of work to which it relates , or in any portion of the prospective profits thereof. QUALTFTCATIONS OF BIDDERS (l) The Town reserves the right to waive any informalities in, or reject any and all bids . The Town reserves the right to re- ject any and all bids which do not conform to the proposals , or upon which the bidders do not comply with the requirements of the Town as to their qualifications . (2) All bidders must prove to the satisfaction of the Town that they are reputable , reliable and responsible , .Ind that they pos- sess the necessary qualifications to successfully deliver the proposed equipment , and that they have performed and completed successfully similar work to an extent which , in the opinion of the Town , will qualify them by experience to perform the work which is proposed. (3) In determining the qualifications of a bidder, the Town will consider his record in the performance of any contracts entered into by him for the work contemplated or of similar nature may make such investigation as it deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the Town all such information and data for this purpose as the Town may request. _ . (4) The Town shall be the sole judge of the qualifications of the bidders and of the merits thereof and reserves the right to reject any bid if the record of the bidder in the performance of. contracts , payment of bills and meeting of obligations to subcontractors , material - men or employees is not satisfactory to the Town , or if the evidence submitted by or the investigation of such bidders fails to satisfy the Town that he is pro{>•erly qualified to carry out the obligations of the contract and to complete the work contemplated therein. GUARANTEE BOND _ The successful bidder shall be required to furnish at. the execu- tion of the contract an executed bond of a surety company authorized 113- 5 HOLZMACHER, MCLENOON &MUNNt.u.. r.l:. / ►tsM u►nr. CON]UMma ENalHELRA AND UIV1110NMU4TAL WENT1819 INFORMATION FOR 111 1)I)1:R (CON'T . t)) to do bUSine5S in the State of New York and approved by the ' OW" in an amowtt equal to one hundred percent (100" ) of the total an1011"t of the contract , I;uaranteeing to the Town the f-lithful per""111ance of the contract , :►n.l payment of all claims for materials , labor all'-1 wages in connection therewith . SIGNATuRl: OF CONTRACTOR The bidder to whom a contract may be awarded shall attend at the office of the Town , with the sureties offered by Ili,,,, within ten (10) d<<Ys SunJaYE`hisxce p propt ed osal , all there sigltf 11�ttilelcontr�tcttl,ill qu drunk the acceptance o 1 I Cate fol- the work. In case of failure to do so, the bidder shall be considered as having abandort.ed the same , and the check :tatty of the his proposal shall be forfeited to the Town , or the penalty of the bid bond shall be invoked. CON'TRACTOR'S INSURANCE • The contractor shall not continence any work Until he has obtained and had approved by the 'Town all of the insuranr.e specified and required in tite contract . WAIVER OF IMMUNITY Attention of the bidder is hereby directed to the requirements of the General Municipal L-Aw of the State of New York and in particular to Section 103-a of the General Dtunicipal Law regarding "Waiver of Immu►►i.ty" , as indicated on Page C-8 of the contract. 1JESPONSIBILITY FOR BIDDER Attention is hereby particularly directed to the provisions of the contract whereby the contractor will be responsible for ally loss or damage that may happen to the material or any part thereof during its delivery ; and also whereby the contractor shall make good any defects or faults due to materials or workmanship within twelve (12) months after its delivery, placement , and acceptance. j ill-G CONOULTINO QIOIMMS AND L"IIONMWTAI SCI04TIM INFORMATION FOR BIDDERS (CONT'D. ) In order to secure the performance of the covenant of the con- tractor, the Town shall retain the Guarantee Bond during the period of one (1) year from the date of the Engineer' s final certificate. Work is required to be completed to the satisfaction of the Engineer and in :substantial accordance with the specifications hereunto annexed. TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK IB-7 State of New York Bureau of Public Work Department of Labor A_ State Office Building Campus Albany,N.Y. 12240 Ctf[LSTM_. -� f CONTRACT REQUIREMENTS Each public work contract to which the State,a public benefit corporation,a municipal corporation or a commission is a party and which may involve the employment of laborers,workmen or mechanics,shall comply with the requirements of Article 8 of the New York State Labor Law: 1. No laborer, workman or mechanic in the employ of the contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by the contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week except in the extraordinary emergencies set forth in the Labor Law or where a dispensation is granted by the Industrial Commissioner. (See Section 220.2) 2. Each laborer, workman or mechanic employed by the contractor or subcontractor shall be paid not less than the prevailing rate of wages at the time the work is performed,and shall be paid or provided not less than the prevailing supplements at the time the work is,performed, as determined by the fiscal officer. If the prevailing rate of wages or the prevailing supplements change after the prevailing rate schedule is issued,each workman,laborer or mechanic shall be paid or provided not less than the new rates. (See Section 220.3) 3. The contractor and every subcontractor shall post in a prominent and accessible place at the work site a statement of the current wage rates and supplements specified by the contract for the various classes of mechanics,workmen or laborers. (See Section 220.3-a) 4. Apprentices must be registered,individually,under a bona fide program registered with the New York State Department of Labor. The allowable ratio of apprentices to journeymen in any craft classifica- tion shall not be greater than the ratio permitted to the contractor as to his work force on any job under the registered program. Any employee who is not registered as above, shall be paid the pre- vailing wage rate for the classification of work he actually performed. The contractor or subcontrac- tor will be required to furnish written evidence of the registration of his program and apprentices as well as of the appropriate ratios and wage rates for the area of construction, prior to using any apprentices on the contract work. (See Section 220.3-e) 5. (a) No contractor, subcontractor,nor any person acting on his behalf,shall by reason of race,creed, color, sex or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates.(See Section 220-e (a) ) (b) No contractor, subcontractor, nor any person acting on his behalf shall,in any manner,discrimi- nate against or intimidate any employee on account of race,creed,color,sex or national origin. (See Section 220-e (b) ) NOTE: The Human Rights Law also prohibits discrimination in employment because of age,disability or marital status. (c) There may be deducted from the amount payable to the contractor under the contract a penalty of five dollars for each calendar day during which such person was discriminated against or intim- idated in violation of the provisions of the contract. (See Section 220-e(c) ) (d) The contract may be cancelled or terminated by the State or municipality,and all moneys due or to become due thereunder may be forfeited, for a second or any subsequent violation of the terms or condition of the anti-discrimination sections of the contract. (See Section 220-e (d) ) (e) These provisions shall be limited to operations performed within the State of New York. (See Section 220-e(e) ) PW-3(5.80) 113-8 STATE OF NEW YORK DEPARTMENT OF LABOR BUREAU OF PUBLIC WORK STATE OFFICE BUILDING CAMPUS ALBANY, N. Y. 12240 Schedule Type-HVY / HWY 33 Date 07/08/81 Refer to: PREVAILING RATE CASE NO. T/O Southold PRC 8102905 NAS/SUF 01 to: William H. Spitz Location and Type of Project Holzmacher, McLendon & Murrell Resurfacing of Sound Ave. 125 Baylis Road SOHT 81-01, T/O Southold Milville, NY Laurel , NY 11747 Suffolk County In response to your request, enclosed are schedules of the prevailing hourly wage rates and the prevailing hourly supplements for the above project, together with copies of the Notice of Contract Let (PW-16) for your use. The schedules must be annexed to and form a part of the specifications for this project when it is advertised for bids. These schedules have been prepared and forwarded in accordance with Section 220 of the Labor Law, which provides that it shall be the duty of the fiscal officer to ascertain and . determine the schedules of supplements to be provided and wages to be paid to workers, laborers and mechanics employed on public work projects, and to file such schedules with the department having jurisdiction. These wage rates and supplemental benefits are subject to change, and you will be periodically notified of such changes. The wage rates .and supplemental benefits to be paid and provided must be those prevailing at the time the work is being performed. Supplemental Benefits Legend used in the "other supplements" column of the Prevailing Rate Schedule: A. Health 8 Welfare ( includes hospital C. Supp. Unemployment Benefits I. Annuity Fund ' surgical or medical insurance or D. Scholarship Fund J. Benefit Fund benefits, life insurance or death E. Paid Holidays K. Security Savings benefits, accidental death or dis- F. Education Fund memberment insurance). G. Vacation L. Holiday Pay B.-Pension H. Apprentice Trai ni ng M. Other Very truly yours, Nicholas Valentine, Jr. DIRECTOR WHEN ANY PROJECT IS COMPLETED OR CANCELLED, NOTIFY THE NEAREST DISTRICT OFFICE OF THE BUREAU OF PUBLIC WORK. (see addresses below) State Office Bldg. Campus, A 1 bang N. Y. 12240 65 Court St— Buffalo N. Y. 14202 155 Main Street West, Rochester N. Y. 14614 44 Hawley St. , Binghamton N. Y. 13901 • 175 Fulton Ave— Hempstead N. Y. 11550 333 East Washington St. , Syracuse N. Y. 13202 207 Genesee St. , Utica N. Y. 13501 30 Glenn St. , White Plains N. Y. 10603 PW-200 (6-79) IB-9 PREVAILING RATE SCHEDULE Sta-te of New York Case Number Bureau of Department of Labor Public Work 8102905 NASSAU AND SUFFOLK COUNTIES Prev- SUPPLEMENTAL BENEFIT PAYMENTS al ling OCCUPATIONS wage health basic and pen- suppl . other supplements hourly welfare sion unemp. rate (A) (B) (C) (D) through (M) CORE DRILLER Core Dr i I 1 er 10. 605 1. 00 . 74 G-. 19 Helper 9. 245 1. 00 74 G-. 19 ELECTRICIAN Electrician 15. 10 7/+. 35 5 1/2% . 25 G&L- 8 1/2Y., H-5/8%, 1-9%, J-3V. Appr. 1st term 6. 04 7%+. 35 5 1/2% . 2S G&L- 8 1/2%, 14-5/13%, I-9'/., J-3/ IRONWORKER Ironworker-Structural 12. 95 1. 86 2. 30 G-1. 85, H-. 11. I-2. 15 1. Appr. 1st term 7. 28 1. 86 2. 30 G-1. 85, H-. 11, I-2. 15 Reinforcing-(Lather) 13. 54 1. 325 . 985 D-. 02, G-. 75. H-. 01, 1-1. 10 Appr. 1st Term 3. 8S 1. 325 . 985 D-. 02, H-. 01 Ironworker-Ornamental 12. 62 1. 21 1. 55 G-1. 00. H-. 10, I-2. 00 -Chain Link 12. 62 1. 21 1. 55 G-1. 00, H-. 10. 2-2. 00 Fence "Appr. 1st term 7. 57 1. 21 1. 55 G-1. 00, H-. 10. I-2. 00 MASON Bricklayer 12. 49 1. 33 1:`93 H-. 03. I-2. DS Appr. 1st term 6. 2S 1. 33 1. 93 H-. 03. I-. 50 PAINTER Painter-Brush 10. 92 1. 04 1. 04 G- 33, 1- 71 Scaffold/Spray 13. 26 1. 26 1. 26 G-. 405, 2-. 71 Appr. 1st term 6. 55 . 62 . 62 G-. 20. I-. 25 Nassau Co. (N of L. I. E. to Pt. Wash BI vd. , S. of Sunrise Hwy. E. to Long Beach Rd. ) ------------------------------ Pai nter-Brush 10. 82 1. 29 2. 30 G-. 70, H-. OS Appr. 1st term 5. 41 1. 29 1. 15 G-. 3S, H-. 05 Scaffold/Spray 12. 37 1. 29 2. 30 G-. 70, H-. 05 Nassau Co. Remainder of County ------------------------------ Pai nter-Steel 14. 28 1. 86 2. 00 H- 07 Power Tool , Spray 15. 28 1. 99 2. 14 H- 08 Sandblaster(steel ) 15. 28 1. 99 2. 14 H- 08 Appr. 1st term 7. 00 . 91 . 98 H-. 035 Nassau Co. -Entire County .............................. Pain-ter Brush 12. 39 3. 22 I. 00 G-. 50, H-. 21 Steel /Bridge 1S. 30 3. 22 1. 00 G-. 50, H-. 21 Spray 13. 88 3. 22 1. 00 G-. 50, H-. 21 Appr. 1st term S. 42 1. 97 1. 00 G-. 25, H-. 21 Suffolk Co. PLUMBER Plumber 13. 65 1. 00 2. 0S G-1. 30. H-. 37, I-. 57 Appr. 1st term 5. 46 . 60 1. 31 G-. 70. H-. 24, I-. 29 Suffolk Co. ------------------------------ Plumber ----------------------------- P1umber 12. 7S 1. 10 1. 54 G-1. 10, H-. 25 I. Appr. 1st term 5. 10 . 44 . 616 G-. 44, H-. 10 Nassau Co. TEAMSTER Truck Driver Excavation 10. 12S 1. 6125 2. 8525 1- 40 Euclid 10. 525 1. 612S 2. 8S25 1- 40 Other 9. 325 1. 612S 2. 50 WELDER Welder To be paid the rate of the mechanic performing the work OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY and BUILDING SCHEDULES Print 33 IB-10 PREVAILING RATE SCHEDULE State of New York Case Number Bureau of Department of Labor Public Work 8102905 NASSAU AND SUFFOLK COUNTIES Prev- SUPPLEMENTAL BENEFIT PAYMENTS ai 1 i ng OCCUPATIONS wage health basic and pen- suppl . other supplements hourly welfare sion unemp. rate (A) (B) (C) (D) through (M) CARPENTER Carpenter (H/H) 13. 3S 1. 8S 1. 03 G-. 95, H-. O5, I-. 75 Helper 11. 1s 1. 85 1. 03 G-. 95, H-. 05, I-. 75 Appr. 1st term 7. 34 1. 85 1. 03 G-. 95, H-. 05, I-. 75 Nassau Co. (South of So. State Pkwy. & West of Seaford Creek) ------------------------------ Carpenter (H/H) 13. 40 1. 50 1. 49 G-. 95, H-. 06 Appr. 1st term 6. 70 1. 50 1. 49 G-. 95, H-. 06 Nassau Co. Remainder of County ------------------------------ Carpenter(H/H) 13. 45 1. 33 1. 71 G-. 90, H-. 06 Appr. 1st term 6. 70 1. 33 1. 71 G-. 90, H-. 06 Suffolk Co. ------------------------------ Pi ledriver/Dockbui Ider 13. 25 1. 85 1. 03 G-1. 01, H-. 05, I-. 75 Appr. lst term 7. 34 1. 85 1. 03 G-1. O1, H-. 05, I-. 75 ------------------------------ T i mberman 12. 31 1. 85 1- 03 G-. 95, H-. O5, I-. 75 Helper 10. 80 1. 85 1: 03 G-. 95, H-. 05, I-. 75 ELECTRICIAN-HIGHWAY MAINTENANCE Applicable on traffic signals and street lighting only. Mai nt. Electrician 12. 30 81A 4 1/2% G & L-6 1/2%, I-7% H-5/8'/•, J-3% Appr. lst term 4. 57 8% 4 1/2% G & L-6 1/2%, I-7% H-5/8'/., J-31/ LABORER(FIVY/HWY) Laborer (H/H) Bas ic, Concrete, Jackhammer 8. 90 10 V. 13 % G- 75 Pipelayer, Land- Scape, Trackman 8. 90 10 % 13 % G-. 75 Power Tool 8. 90 10 V. 13 % G-. 75 Asphalt Raker, Form Setter 9. 50 10 V. 13 V. G- 75 Asphalt Shoveler and Tamper 9. 30 10 % 13 ''A G- 75 MASON Cement Fi ni cher 12. 60 2. 19 2. 02 H- 01 Appr. 1st term 6. 30 2. 19 2. 02 H- 01 SIGN ERECTOR Si gn Erector 11. 70 82 1. 11 H- 02, 1- 43 M-Emp S. S. STRIPER Striping Mach. Oper 9. 90 . 59 . 70 G-7% Linerman 10. 40 62 72 G-7% TREE TRIMMING Tree Trimmer 8. 43 34 25 1. 1st 6mo 5. 51 . 34 . 25 Groundman, Driver 1st 6mo 6. 07 . 34 . 2S Driver 2nd 6mo 6. 36 . 34 . 25 Driver after 1 yr. 6. 95 . 34 . 25 TREE REMOVAL & LANDSCAPING Landscape Laborer 8. 90 10% 13% G-. 75 Mul chi ng Machine Oper. 11. 99S 9% of 2. 2S G-1. 00, H-. 15. M-. 10 rate+vac. Stump Chipper Mach. 10. 97 9% of 2. 25 G-1. 00, H-. 15, M-. 10 rate+vac. Truck Driver 9. 325 1. 6125 2. 50 WELL DRILLER We I I Dri I 1 er 10. 55 8% 2. 25 G- 40 Helper- 8. S5 8V. 2. 25 G- 40 OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY SCHEDULES Print 33 IB-11 PREVAILING RATE SCHEDULE State of New York Case Number Bureau of Public Work Department of Labor 8102905 • NASSAU AND SUFFOLK COUNTIES Prev- SUPPLEMENTAL BENEFIT PAYMENTS ailing OCCUPATIONS wage health basic and pen- suppl . other supplements hourly welfare Sion unemp. rate (A) (B) (C) (D) through (M) SURVEY CREW (HIGHWAY & HEAVY) Party Chief 12. 16 . 90 . 70 F-. 05, G-. 70, I-1. 50 Instrument Man 10. 21 . 90 . 70 F-. O5, G-. 70, I-1. 50 Rodman/Chaff nman 8. 91 . 90 . 70 F-. O5, G-. 70, I-1. 50 Survey Rates apply to those workmen employed on HIGHWAY and HEAVY contracts let on or after July 2, 1979 POWER EQUIPMENT OPERATOR (H/H) Asphalt Spreader 13. 18 9'/. of 2. 2S . 20 H-. 15, G-1. 00, M-. 10 Backhoe 13. 55 hourly BorI ng Machi ne 13. 12 rate + Bu I I dozer12. 37 vac. Compressor-Single 11. 995 Compressor-2 or more in battery 12. 60 Concrete Pump 12. 64 Concrete Spreader 13. 18 Concrete Breaker 11. 28 Conveyor 12. 37 Crane 13. 18 Location, Effective Date and Dragline 13. 55 Supplemental Benefit Payments Finishing Machine 12. 37 are the same for all Power Equipment Fireman 12. 37 Operators. Generator 12. 29 Grade-A I l Oper. 13. 55 Grader 12. 585 Front End Loader 12. 905 Mai nt. Eng. 12. 37 Mulching Machine 11. 995 M Oi I er 10. 97 Piledriver 13. 55 Post Driver (Guard Rail ) 13. 12 Power Broom 11. 425 Pump (Under 4") 11. 995 Pump (Over 4") 12. 38 Ridge Cutter 11. 28 Roller - 5T & Under 12. 37 Roller - Over 5 Ton 12. 72 Scraper 12. 37 Shovel 13. 55 Stump Chipper 10. 97 Tractor-Caterpiller or Wheel 10. 755 Track Tamper 10. 97 Trenchi ng Machi n� 13. 395 OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY SCHEDULES Print 33 IB-12 HOLZMACHER. McLENOON & MURRELL. P.C. / H2M CORP. CONSULTING ENGIMMS ANO rXyj1t0NM0ffA1. iOOfflf" PROPOSAL - BIDDER'S DECLARATION TO THE TOWN BOARD of the TOWN OF SOUTHOLD, SUFFOLK COUNTY, STATE OF NEW YORK: BIDDER'S DECLARATION: The undersigned, as Bidder, declares that the only person or persons interested in this Bid or Proposal as principal or principals is or are named herein and that no other person than herein named has any interest in this Proposal or in the Contract proposed to be taken; ,tha.t this Bid or Proposal is made without any connection with any other person or persons making a Bid or Proposal for the same purpose; the Bid or Proposal is in all respects without fraud or collusion, that he has examined the site of the work, the Form of Contract and Specifications, and the Drawings therein referred to, and has read the Notice to Bidders, Information for Bidders and General Conditions hereto attached and fully understands all the same; that he proposes and agrees, if this Proposal is accepted, that he will contract with the TOWN BOARD of the TOWN OF SOUTHOLD.. in the Form of Contract accompanying this Bid, to perform all the work required in accordance with the Plans and as mentioned in said Form of Contract , Specifications, Notice to Bidders, Information for Bidders and General Conditions, and he will accept in full payment, therefore, the following sums to wit: 7/74 P-A RT HOLZMACHER, McLENDON&MURRELL.P.C. cowu►rwa awaweas.twaowwwrµ�wsun.w wux+Ews PROPOSAL (CONT'D. ) RESURFACING OF SOUND AVENUE TOWN OF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK PROJECT NO. SORT 81-01 BID DATE: SEPTEMBER 30, 1982 ITEM 5A Remove temporary paving (by others) and replace with 1h" binder course asphalt on 6" base course asphalt Approximately 210 square yards POLL.W. oa Price per SY c?n P. Nq ($ Dollars TOTAL . N. 1 N hk AL4'�' V 0. C. WTS. . ($ 4t ) Dollars ITEM 5A (ALT) ** Remove temporary paving (by others) and replace with 1h" binder course asphalt on 6" base course asphalt Approximately 110 square yards 03 Price per SY ($ 43 ) 'Dollars � -� �s -'— TOTAL �.O?ti. -U0V&440- �rw.,c,,� tJ,t oneD .1 . . . . .. .. ` q �F.t1Ts ($ 4i—t TSD. ) Dollars ITEM 5B Remove existing deteriorated pavement & replace with 1h" bander course asphalt on 6" base course asphalt Approximately 110 square yards Price per SY QUAx'•) C'%g,E POLV�L&>-. `: ($ 4 ) Dollars TOTAL �p�.ti . D �';l u f �Oxf D, C 1 FT`t. V Dec div .`�. 0 . .�. {$ 4'�95-0. s ) 6 Dollars 2 * Optional. item. that may not be awarded by the Town. P-B 1 of 7 HOLZMACHER, MCLENDON 6 MURRELL.P.C. CONEUITNq ENOINEEM.EMMIIOMYEMTAI ECIENMri,nO/l/1M/IEM PROPOSAL (CONTED. ) RESURFACING OF SOUND AVENUE TOWN OF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLDr NEW YORK PROJECT NO. SOHT 81-01 BID DATE: SEPTEMM 30, 1982 ITEM 5B (ALT)** Remove existing deteriorated. pavement & replace with 1V binder course asphalt on 6" base course asphalt Approximately 490 squareyardss r Oc,Le.,� � N " Price per Sy FQ�.r ► ,r;sE, �s , �. ($ 4 ) TOTAL I w D j,�O�S,e.vO f- 1 F Q�Ld n I 0 1. . . . ($ �L Z�OSO, , Dollars ITEM 10 v, Maintenance and Protection of Traffic LUMP SUM C),� t, 0Us p, 0 ,oOI: S, NO. . . . . Dollars (Lump sum bid, shall be cyreater than pr equal to $1000j ) ITEM 10 (ALT) ** Maintenance and Protection of Traffic SUM . +4U)OpLo QFAJT5 va� LUMP ($ Dollars 6 (Lump sum bid shall be greater than or equal to $500. ) 2 Optional item that may not be awarded by the Town. P-B 2 of 7 HOLZMACHER, McLENDON&MURRELL,P.C. Cok"Tma E0001"UNa•IMM OWNT"BC1ENT*"a"KANNfeM PROPOSAL (CONT' D. ) r RESURFACING OF SOUND AVENUE TOWN OF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK PROJECT NO. SOHT 81-01 BID DATE: SEPTEMBER 30, 1982 ITEM 11 Tack Coat Approximately 1300 gallons 00 �� 5 N o � Z , Price per GAL Two � ($ ol ) Dlars TOTAL � 11.0 VO �. Dollars ITEM 11 (ALT) ** Tack Coat Approximately 700 gallons 00 Price per GAL � . ($ ) Dollars TOTAL 1 IAV Dollars ITEM 12 Four-inch (4") wide Thermoplastic Reflectorized Pavement Markings Approximately 8500 linear feet Price per AD o Oc,�0.nS .E. f;vUNr`! . 1G,1�A; � !GS ($ 0. (�8 ) Dollars TOTAL Cov it .I t sovS�;.vQ . 1; N-��t. O C L 45 PN.D. ($ ¢. Dollars i 6 2 ** Optional item that may not be awarded by the Town.. P-B 3 of 7 HOLZMACHER, MOLENDON 3 MURRELL,P.C. CpNMKTWO E AWMM.EN^""NTAL SMOOT*"MILANNEM PROPOSAL (CONT'D. ) Y RESURFACING OF SOUND AVENUE TOWN OF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK PROJECT NO. SOHT 81--01 BID DATE: SEPrEMBER 30, 1982 ITEM 12 (ALT) ** Four-inch (4") wide Thermoplastic Reflectorized. Pavement Markings Approximately 4500 linear fe t Price per LF'YO. 0.0t.-L�.s, Otl l CICA4T C.61T5 ($ d _ DoLars TOTAL Iwo T"O. .4 p,©Vt �60A�4 t qn Ol L4'ts C,WT�' . ($ cod• ) Dollars ITEM 14A* Additional Excavation Approximately 5 cubic yards Price per CY I.FLJ �O� IA�S I .'�.0. . .�'3. . . . . (s ) Dollars TOTAL Cjryl . V�llaAS . �, � CWT.5. . . Dollars (Unit Price shall be greater than or equal to $2.00, but shall not exceed $10.00) ITEM 14B* Additional Backfill Approximately 15 cubic yards Price per CYT)w .VpL Z . ':� D Cz,T5. ($ 10 L ) Dollars so r� o('wjS 0o 1nTOTAL . :A) . ($Y ( ) Dollars (Unit Price shall be greater than or equal to $2 . 00, 6 but shall not exceed $10.00) .2 * **Contingency Item Optional item. that may not be awarded by the Town. P-B 4 of 7 HOLZMACHER, MCLENDON&MURRELL,P.CU244 . Ookam r aENWNEEIM.F.WWOWAPIT"W46"TMTS a"IIANNEII{ PROPOSAL (CONT'D. ) RESURFACING OF SOUND AVENUE TOWN OF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK PROJECT NO. SORT 81-01 BID DATE: SEPTEMBER 30, 1982 ITEM 14C* Rock Excavation Approximately 5 cubic yards Price per CY . 0-0 , T' YOSr- � .`lQ ($ J. ) Dollars on TOTAL .C.(r— . .0.L . t I . .�X. '5 . . . . . ($ S, ) Dollars (Unit Price shall be greater than or.,equal of. $3. 00 , but shall not exceed $50. 00) ITEM 51 TL Furnish & Place Truing & Leveling Asphalt Concrete as per SCDPW Specifications Approximately 1100 tons to Price per TON F1Jr- OPWIUS . 4-. :^.C47. i. . �T.-� . ($ So' ) _ Dollars TOTAL` .1Fr`�. �U�. .� u��� '4W .4"o9!IEP ($ 0 L-L4- S t 0 CAT'S Dollars ITEM 51 TL (ALT) ** Furnish & Place Truing & Leveling Asphalt Concrete as per SCDPW Specifications Approximately 800 tons Price per TON 1.�r?^j . OD��S c IGtLT"�, `�1;5 , (s Dollars 1 D,U ��OUSd.i;C�. L nJO �.''UNr PQ�4�(,� . ($ L�{� Cc�• 4 ) TOTAL 6 O •CEAj Dollars • 2 * Contingency Item ** Optional item that may not be awarded by the Town. P-B 5 of 7 ■ 1� HOLZMACHER. MCLENDON&MURRELL,P.0 GCNEULi1N0 ENOINEEM.ENVNIONMENTµEdENTNR.nO►UNNEM PROPOSAL (CONT' D. ) RASUAPACING OF SOUND AVENUE TOWN OF SOUTHOLD • AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK PROJECT NO. SOHT 81-01 BID DATE: SEPTEMBER 30, 1982 ITEM 51 FZ Furnish & Place Wearing Course Asphalt Concrete for Resurfacing as per SCDPW Specifications Approximately 700 tons [� C Price per TON ��Fr1 !'0( IdA;S , ($ •J�. ) Dollars TOTALTu i`1. G v-f- . vm-w. D CL.v L. �UN .O�F�Q ($ c) C)L'LA-45. +v 0 Dollars ' ITEM 51 FZ (ALT) ** Furnish & Place Wearing Course Asphalt Concrete for Resurfacing as per SCDPW Specifications Approximately 400 tons n r ` Price per TON � Dollarso_ TOTAL �.LkAeO.�UDV :�Q . ' . . qol Lq J . ($ Zit 3�• ) Dc�C 1.4.n s Z N 0 ccoGS Dollars 6 2 P-B 6 of 7 tf2" HOLZMACHER, McLENDON 6 MURRELL,P.0 TING ENONIEEM.ENV1110//MENTM IGENTNif.nO KAMMEM PROPOSAL (CONT' D. ) RESURFACING OF SOUND AVENUE TOWN OF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK PROJECT NO. SORT 81-01 BID DATE: SEPTEMBER 30, 1982 TOTAL BASE BID (SUM OF ALL ITEMS EXCEPT 5A (ALT) , 5B (ALT) , 10 (ALT) , 11 (ALT) , 12 (ALT) , 51 TL (ALT) and 51 FZ (ALT) TOTAL ©�E _ W N Dt!F...� T4t��M). /00USe4✓D ' 00 G ( T-�!v 00(-(*1. f CEA-)T5. ($mog-I2 . Dollars TOTAL ALTERNATE BID (SUM OF ALL ITEMS) TOTAL �? U nJ Q A&. 1. kpo IJAI C. . . 0 .00. �5 . ($ Dollars i Bids shall be based on normal seasonal working conditions without frost in the ground. It is anticipated that the Notice to Proceed will be given in October. COMPLETION DATE SHALL BE 45 CALENDAR DAYS AFTER THE NOTICE OF AWARD. LIQUIDATED DAMAGES SHALL BE $250.00 PER DAY. THE COMPLETION DATE SHALL BE CONSIDERED AS THE DATE WHEN THE PAVEMENT STRIPING OPERATIONS HAVE BEEN COMPLETED. MUIRFIELD CONTRACTING, INC. FIRM NAME: 3-6 14644 s. Jnr FIRM ADDRESS: GARDEN CITY, N.Y. L1530 SIGNED BY: — �\ � " .- JOSEPH H. FARLEY, TITLE: �sideat DATE: 3 a 19 8 1 DAY PHONE NO. P I -"L- 11 4- - I I SO 6 EVE. PHONE NO. 1-18- 003'99 4-1-1-0109 2 P-B 7 of 7 HOLZMACHER, McLENDON 6 MURR" P.C. / H2M CORP. CONSWINO ENGINLEAI AND ENWRONMOML 9CICNTIS" PROPOSAL - (CONT-D. ) Enclose certified check or bid bond for five percent (5%) of the total bid, as stipulated in the foregoing Information for Bidders. The Bidder hereby agrees to enter into a contract within ten (10) days after due notice from the Town of Southold that the contract has been awarded to him and is ready for signature, such • notice to be given in writing within forty-five (45) days of the date of opening of the bids . And, the Bidder hereby further agrees that in the event of his failure or refusal to enter into a contract in accordance with this bid within ten (10) days after due notice from the said Town Board as given in accordance with the Information for Bidders, and/or his failure to execute and deliver the bond for the full amount of the contract price as provided in said Information for Biddets, that Che bidder's check which is herewith deposited with the Town shall, at the option of said Town, . become due and payable as ascertained and liquidated damages for such default, otherwise the said check shall be returned to the undersigned. The full name and residences of all persons and parties interested in the foregoing bid as principals are as follows : NAME ADDRESS JOSEPH H, FARLEY P3�esident p O (30x ' drg c_agw fl1Jy4 114 DAMES H. FARL.EX +€ E o� � � i T, I Co u.f.4 PSA-e�E. GA A_0W v4.J.'-t. It-00 T i GREGORY H. FARLEY Sobretary' Re M PL" G,AA.Lw Ctr4 MUIRFIEL.D CONTRACTING, INQ NAME OF BIDDER• t6 HEATH PtAeE BUSINESS ADDRESS OF BIDDER: GARDEN CITY, N.Y. 1.1.5301 DATED AT: �,, THE O:DAY ,, OF _ P-C HOLZIiMACHER. MCLENDON 6 MURRELL. P.C. / H2M CORP. CONSULTING ENGINE[AS ANO ENVIRONMENTAL SCIENTIST! PROPOSAL - (CONT'D. ) i NON-COLLUSIVE BIDDING CERTIFICATE By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: 1 . 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; and 2. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor; and 3. No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition. Dated: SEP 3 01982 -:--� -�• y F MUIRFIELD CONTRACTING, INC. 16 HEATH PLACE GARDEN CITY, N.Y. 11530 By: _ N JOSEPH H. PARLEY, gr�siden� This bidder cannot Dake the foregoing certification anda statement signed by the bidder is attached setting forth in *ail the reasons therefor: w P-D HOLZMACHER. MCLENDON 6 MURRELL. P.C. / H2M CORP. CONSULTING ENGINEERS AND VMRONMUffAL Sa M Sn b. GENERAL CONDITIONS 1. GENERAL CONDITIONS A. The "General Conditions" are hereby made a part of this Specification and are attached herein. B. Where any article of the "General Conditions" is supplemented hereby, the provisions of such article shall remain in effect. All the supplemental provisions shall be considered as added thereto. Where any such article is amended, voided or superseded thereby, the provi- sions of such article not so specifically amended, voided or super- seded shall remain in effect. Work, materials, plant, labor and other requirements of the Gen- eral Conditions shall be furnished by the Contractor. No direct pay- ment shall be made for these General Conditions, and payment shall be deemed to be included in the contract price * or various items of the entire contract. 2. CONTRACT DOCUMENTS The Contract Documents include, but are not limited to, the General Conditions, General Specifications, Detailed Specifications, Plans, Proposal Form, Contract and other sections as either cited on the index pages or actually included in the bound documents. Each section of the Contract Documents is intended to be comple- mentary to the other sections. It is intended that they include all items of labor and materials, and everything required and necessary to complete the work, even though some items of work or materials may not be particularly men- tioned in every section or may have been inadvertently omitted from the Drawings or Specifications, or both. 3. APPROVAL OF SUBCONTRACTORS AND MATERIALS 6 1 Prior to commencing any work under this Contract, the Contractor shall submit to the Engineer, for approval, a list of all the sub- contractors and material suppliers he proposes to use for this Con- tract. No subcontractor or material supplier will be permitted to de- liver materials or perform any work on this Contract until he has been approved by the Engineer in writing. RT GC-1 HOLZMACHER. McLENDON d MURRELL. P.C. / HZM CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS GENERAL CONDITIONS (CONT'D.) 4. INTERPRETATION OF DRAWINGS, ETC. A. In the event of discrepancies between the Drawings and the Specifications, the following order shall be given preference when making interpretations: 1. Addenda (later dates to take precedence over earlier dates) 2. Drawings (schedules or notes to take precedence over other data shown on Drawings) 3. Detailed Specifications 4. General Specifications 5. General Conditions B. On all plans, drawings, etc. , the figure .dimensions shall govern in the case of discrepancy between the scales and figures. C. The Contractor shall take no advantage of any error or omission in the Plans, or of any discrepancy between the Plans and Specifications, and the Engineer shall make such corrections and interpretations as may be deemed necessary for the fulfillment of the intent of the Specifications and of the Plans as construed by him, and his decision shall be final. D. All work that may be called for in the Specifications and not shown on the Plans, or shown on the Plans and not called for in the Specifications, shall be furnished and executed by the Contractor as if designated by both. Should any work or material be required 6 which is not denoted in the Plans and Specifications, either directly 1 or indirectly, but which is, nevertheless, necessary for the proper carrying out of the intent thereof, it is understood and agreed that the same is implied and required, and that the Contractor shall per- form such work and furnish such materials as if they were completely delineated and described. 5. ADDITIONAL WORK Additional work, if required to be performed under this Contract, will be in accordance with the applicable paragraphs of the Contract. The Engineer shall be the sole judge as to whether such work was in- tended as part of the Contract or is in addition thereto. GC-2 RT HOLZMACHER. McLENDON 6 MURRELL. P.C. / H2M CORP. CONSULTING ENGINW3 AND UMRONMMTAL SCIENTIST! GENERAL CONDITIONS (CONT'D.) 6. OCCUPATIONAL SAFETY AND HEALTH ACT The Contractor shall meet all standards of the Occupational Safety and Health Act of 1970 and subsequent revision. This shall include, but not be limited to, the following areas: Sanitation, noise, radiation, gases, vapors, fumes, mists, dust, illumination, ventilation, protective equipment, fire protection, waste disposal, electrical hazards, scaffolds and ladders, floor holes . and wall openings, and heavy equipment . All specific require- ments of the Act shall be adhered to. 7. SAFETY PROVISIONS The Contractor shall take every precaution and shall provide such equipment and facilities as are necessary or required for the safety of his employees. In case of an accident, first aid shall be administered to any who may be injured in the progress of the work. In addition, the Contractor shall also be prepared for the removal, to the hospital for treatment , of any employee either seriously in- jured or ill. 8. SANITARY REGULATIONS A. In addition to compliance with the Occupational Safety and Health Act, the Contractor shall erect and maintain necessary sani- tary conveniences for the use of employees on the work. Such con- veniences shall be properly secluded from observation, and their use. shall be strictly enforced. Such sanitary conveniences shall be constructed in compliance with all laws, ordinances or regulations . governing these facilities. The contents of the same shall be re- moved, with sufficient frequency to prevent nuisance, and disposed of to the satisfaction of the Engineer. B. The Contractor shall obey and enforce such other sanitary 6 regulations and orders and shall take such precautions against in- 1 fectious diseases as may be deemed necessary. In case any infectious diseases occur among his employees, he shall arrange for the immediate removal of the patient from the work and his isolation from all per- sons connected with the work. C. The building of shanties or other structures for housing the men, tools, machinery or supplies will be permitted only at approved places, and the sanitary condition of the grounds in and at such shanties or other structures must , at all times, be maintained in a satisfactory manner. RT GC-3 HOLZMACHER. MCLENDON d MURRELL. P.C. / H2M CORP. COMULTINO ENGINEERS AND ENVIRONMENTAL SCIENTIST! GENERAL CONDITIONS (CONT'D.) M 9. RESPONSIBILITY OF ENGINEER AND CONTRACTOR DURING CONSTRUCTION A. The Engineer is responsible solely for the general and/or detailed inspection of the work being performed. Such inspection will be periodic and strictly to assure conformance of the Contractor with the Plans and Specifications, such that the end product will conform to the Plans and Specifications. B. The Contractor is responsible for complete conformance to the Plans and Specifications, proper construction procedures; co- ordination with subcontractors, other contractors and utilities, and safe working conditions for his employees. 10. LABOR A. All contractors and subcontractors employed upon the work shall and will be required to conform to the Labor Laws. of the State of New York and the various acts amendatory and supplementary there- to; and to all other laws, ordinances and legal requirements applicable thereto. B. All labor shall be performed in the best and most workman- like 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. 11. CONTRACTOR' S REPRESENTATIVE The Contractor, in case of his absence from the work, shall have a competent representative or foreman present, who shall follow with- out delay all instructions of the Engineer or his assistants in the prosecution and completion of the work, in conformity with this Con- tract, and shall have full authority to supply labor and material immediately. The Contractor shall also have a competent representa- tive available to receive telephone messages and provide a reasonable 6 reply as soon as possible, but not later than twenty-four (24) hours. 1 RT GC-4 HOLZMACHER. McLENOON&MURRELL. P.C. / H2M CORP. CON3ULTING ENGINEERS ANO ENVIRONMENTAL SCIENT M GENERAL CONDITIONS (CONT'D j 12. INCOMPETENT EMPLOYEES The Contractor shall employ only competent, skilled and faithful men to do the work. Upon request of the Engineer in writing, the Con- tractor shall suspend or discharge from the work any disobedient, dis- orderly or incompetent person or persons employed thereon, and will not again employ any person so suspended or discharged without the consent of the Engineer. This requirement shall not be made on the basis of any claim for compensation or damages against the Town or any of its officers or agents. 13. CLAIMS OR PROTESTS If the Contractor considers any work required of him to be out- side the requirements of the Contract, or considers any record or ruling of the Engineers or Inspectors as unfair, he shall ask for written instructions or decisions immediately, and then file a writ- ten protest with the Town against the same within five (5) days thereafter, or be considered as having accepted the record or ruling. 14. NOTIFICATION. INTERFERENCE AND INJURY TO UTILITIES A. The Contractor shall cooperate in every way with the Utility Companies. B. The Utility Companies shall be notified in accordance with Section 1918 of the Penal Law of the State of New York, entitled "Construction or Blasting near Pipes Conveying Combustible Gas," and with Article 20, Section 322-a of the New York State General Business Law. 6 C. All conduits, water mains and gas mains encountered in the 1 construction shall be properly and safely taken care of by the Con- tractor, who shall, upon encountering same, notify the public corpora- tion to whom they belong, in order that they may be changed in such a manner as not to interfere with the final construction. D. In case any damage shall result to any service pipe for water or gas, or any private or public sewer or conduit . by reason of negli- gence on the part of the Contractor, he shall, without delay and at his own expense, repair the same to the satisfaction of the Engineer, and in case such repairs are not made promptly or satisfactorily, the Town may have the repairs made by another Contractor or otherwise, and deduct the cost of same from any monies due or to become due the Con- tractor. RT GC-5 H XZMACHER, MCUNDOM &MURR" P.C. / HZM CORP. CONSULTING V401HELQ3 AND DMIMMEMAI 80 MIm GENERAL CONDITIONS (CONT'D.) 15. INFRINGEMENT OF PATENTS The Contractor further agrees to hold himself responsible for any claims made against the District for any infringement of patents by the use of patented articles in any one phase of construction of the work and the completion of same, or any process connected with the work agreed to be performed under this Contract, or of any materials used upon the said work and to save harmless and indemnify the Town from all costs, expenses and damages which the Town shall be obliged to pay by reason of any infringement of patents used .in the construc- tion and completion of the work. 16. DAMAGES All damage, direct or indirect, of whatever nature resulting from either the performance of, or resulting to the work under, this Con- tract during its progress from whatever cause, shall be borne and sus- tained by the Contractor, and all work shall be solely at his risk until the date of the final certificate. 17. GUARANTEE WARRANTY This Contractor shall guarantee and warrant his work and that of his subcontractors against defects in workmanship and/or material for a period of one (1) year from the date of final certificate by the Engineer except as otherwise specified. Upon written notification from the Engineer, the Contractor shall repair, replace or reconstruct such defects to the satisfaction of the Engineer at no cost to the Town. 18. STANDARDIZATION The DETAILED and General Specifications indicate specific manu- facturers and/or catalog numbers, etc. , for the purpose of standardiza- tion within the Town in order to minimize stockpiling of replacement parts. 19. DEFINITIONS iThe words "or approved equal" as hereinafter used shall refer to the use of an equal product that has received prior approval by the .Consulting Engineer for the Town. The word "Engineer" refers to HOLZMACHER, McLENDON & MURRELL, P.C. , Consulting Engineer for the Town of Southold. SH GC-6 HOLZMACHER, MCLENDON 6 MURRELL,P.C. C,pN6t1►Tllq ENONREM.ENYMgMMENTµECIEMTMT{ nAKMN1EM F f TECHNICAL SPECIFICATIONS SEVERAL ITEMS ON THE PLANS AND IN THESE SPECIFICATIONS REFER TO THE "SUFFOLK COUNTY PUBLIC WORKS SPECIFICATIONS OF NOVEMBER 1, 1968, " AS AMENDED. THESE SPECIFICATIONS SHALL BE INCORPORATED BY REFERENCE AND SHALL APPLY AS IF DETAILED IN FULL, UNLESS HEREIN MODIFIED. �-1(w HOLZMACHER, McLENDON 6 MURRELL,P.C. ILS Care xyw a ENOWAHM,WJMN.KNiK u 11"STS wd P At#Wft GENERAL SPECIFICATIONS TOWN OF SOUTHOLD RESURFACING OF SOUND AVENUE AT THE WESTERN TOWN LIMI.T 0.1 - SCOPE The work to be done under this Contract consists of .furn shing all labor, materials, equipment, etc. , for the A&$U"ACS 4f SOUMR AVENUE AT THE WESTERN TOWN 14INIT in the Town of Southold . as Set forth in the Proposal Sheets, in accordance with the Specifications and as indicated on the plans, all to the a-0proval of the Engineer and the Town of Southold. 0.2 - GENERAL SPECIFICATIONS (a) The "General Specifications" of the contract are. hereby made a part of this specification and are attached hereirx. (b) Where any article of the "General Specifications" is supplemented hereby, the provisions of such article shall remain in effect. Where any such article is amended, voided or superseded thereby, the provisions of such article not .so specifically amended voided or superseded shall remain in effect. 0. 3 GENERAL CONDITIONS (a) The "General Conditions" of the contract are hereby .maode apart of this specification and are attached herein. (b) Where any article of the "General Conditions" is supple- mented hereby, the provisions of such article shall remain in effect. All the supplemental provisions shall be considered as added thereto. 2 there any such article is amended, voided, or superseded thereby, the provisions of such article not so specifically amended, voided, or superseded shall remain in effect. w r GS - 1 of 11 HOLZMACHER.McLENDON i MURRELL,P.C. 1 H2M CORP. coil"nwo waiman ANO afflROO MM" 80ovmm GENERAL SPECIFICATIONS (CONY D) 0.4 - NO DIRECT PAYMENT No direct payment will be made for work done and for materials furnished under these General Specifications or the General Conditions of the contract, but compensation shall be deemed to have been in- cluded in the contract price of the entire work. 0.5 - PLANS AND SPECIFICATIONS This Contractor will be furnished six (6) complete sets of the plans and specifications. Additional sets will be furnished at cost of reproduction. 0.6 - PERMITS AND REGULATIONS This Contractor shall obtain and apply for all permits necessary to conduct the work and complete this contract . All work shall be performed in strict accordance with the regulations and requirements of the various civil agencies having jurisdiction thereof. Upon completion of the work provided for in this contract , and before final payment shall be made, the Contractor shall furnish the Engineer with any necessary certificates of approval issued by these various agencies. 0.7 - SIGNS No signs or advertisements shall be permitted by the Town. 0.8 - TEMPORARY LIGHT, WATER, ETC. This Contractor shall furnish temporary light and power complete with all wiring, lamps and similar equipment , as required for the completion of the work. Water shall be supplied by this Contractor. 6 RT GS - 2 of 11 2 HOLMACHER, McLENOON a ML*REtJ,.M 1 H2W COM. CONSULTING MOINUM AND Scaarmsn GMERAL SPECIFICATIONS (CONT'D) 0.99 _COOPERATION This Contractor, all other contractors, and all subcontractors shall coordinate their work with all adJacent work and shall coordinate with all other trades so as to facilitate the general progress of the work Bach trade shall afford all other trades every reasonable op— portunity for the installation of their work and for the storage of their material. 0.10 - REPRESENTATIVE ALWAYS PRESENT The Contractor, in case of his absence from the work, shall have a competent representative or foreman present, who shall follow with- out delay all instructions of the Engineer or his assistants in the prosecution and completion of the work, in conformity with this con- tract, and shall have full authority to supply labor and material immediately. The Contractor shall also have a competent ,representa- tive available to receive telephone messages and provide a reasonable reply as soon as possible, but not later than twenty-four (24) hours. 0.11 - LABOR (a) All contractors and subcontractors employed upon the work shall and will be required to conform to the Labor Laws of the3tate of New York and the various Acts amendatory and supplementary there- to; and to all other laws, ordinances and legal requirements appli- cable thereto. (b) All labor shall be performed in the best and most workinan- like 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. 6 1 RT GS - 3 of 11 3 HOL,ZMACHER. MoM0M&MLNtA" P.C. / H2M CORP. cONauL"NO a?aumm S ANO afflnMUMAL 10 M M GENERAL SPECIFICATIONS (CONT'D) R 0.12 - WORKMANSHIP It is the intent of these Specifications to describe definitely and fully the character of materials and workmanship required with regard to all ordinary features, and to require first class work and materials in all particulars. For any unexpected features arising during the progress of the work and not fully covered herein, the specifications shall be inter- preted by the Engineer to require first class work and materials; and such interpretation shall be accepted by the Contractor. 0.13 - 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 increase of such effi- ciency 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 ex- cept 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, such as manholes, catch basins, pipe lines, conduits, etc. 6 1 RT GS - 4 of 11 4 HOLZMACHER, MdLENDON A MURR" F.C. / HM CORE. CONS"TING DMk9M Iwo vm"O"Moff" sac"M 'GENERAL SPECIFICATIONS (CONY D) 0.14 - INSPECTION The Contractor shall, at all times, provide convenience of ac- ess and safe and proper facilities for the inspection of all parts of the work. No Mork, except such shop work as may be so permitted, shall be done except in the presence of the Engineer or his assist- ants. The Contractor shall notify the Engineer twenty-four (24) hours in advance as to when he intends to start or resume the work. No materials of any kind shall be used upon the work until it has been inspected and accepted by the Engineer; all materials re- jected shall be immediately removed from the work and not again of- fered for inspection. Any material or workmanship found at any time to be defective shall be remedied at once, regardless of previous inspection. The inspection and supervision of the work by the Engineer is intended to aid the Contractor in applying labor and materials to and in ac- cordance with the specifications, but such inspection shall not operate to release the Contractor from any of his contract obliga- tions. 0.15 - PHOTOGRAPHS Prior to the commencement of any work to be performed under this contract, the Contractor shall inspect all structures, pavement, walls, curbs, sidewalks along the route with the Engineer. Whenever cracks, breaks, defects, faults or structural decay is expected or visible, photographs shall be taken, by a professional photographer, to identify and to record each and every defect. Failure on the part of the Contractor' to take such photographs will be construed as mean- ing that no defects existed prior to construction. The Contractor shall submit to the Engineer three (3) sets of 311x5" prints and the negatives from which the prints were made, which negatives shall be at least 35 millimeter in size. Prints shall be mounted in a photo album with a written description of each photo to include descriptions, street location, address and ownership of property or building, if available. No separate payment will be made for the photographs. .6 1 RT GS — 5 of 11 5 HOLZMACHER.Md MDON 6 MURR" P.C. 1 HM CORP. cwsutTINO D OMCM AND ENWRONM[NTAI 80DlM9" ,t GENERAL SPECIFICATIONS (CONT'D) 0.16 - LINE AND GRADE (a) The Engineer shall establish the lines and grades for the storm drains and appurtenances, and the necessary benchmarks :dor pavement construction stakeout. (b) All grades, lines, elevations and benchmarks shall be maintained by this Contractor who shall be responsible for same. (c) The Contractor shall verify all grades, lines, levels and dimensions as shown on the drawings, and he shall report any errors or inconsistencies in the above to the Engineer before commencing work. 0.17 - BOUNDARIES OF WORK AND CONTIGUOUS WORK ' The Town will obtain from the property owners rights-of-way for all work specified in this contract, and the Contractor shall not enter or occupy with men, tools or materials , any private ground outside the easements and rights-of-way without the consent of the owner and the approval of the Engineer. Other contractors of the Town may, for all purposes required by their contract, enter upon the work and premises used by the Contractor, and the Contractor shall give to other contrac- tors of the Town all reasonable facilities and assistance for the com- pletion of adjoining work. 0.18 - RIGHT-OF-WAY Where the work called for extends upon or through private property , the Town shall produce all necessary rights , deeds and easemeftts for access to the property and the Contractor shall not proceed with this part of the work until the Town has completed negotiations with the property holders and all necessary papers are in the hands of the Town. If, after a. reasonable period of negotiations (up to one (1) year from signing of the contract) , rights or easements cannot be obtained, then the Town reserves the right to eliminate those items of work fromthe contract which required the easements prior to construction. addi- tional No compensation shall be made to the Contractor for such elimination. 2 SOFT 6 81-01 GS - 6 of 11 MOLZMACHER Md NOON i MURRELL.P.C.I NS4 CORP. CONSULTING 000""M AND am"O"MeffAL 80DOWn 'C Ek•AL SPECIFICATIONS (CONT'D) M 0r10. - PROTECTION OF WORK The Contractor shall place a sulti-cIency of red l**bts .om or near any, work accessible to the public and keep them burning *"set to sum- rise; he shall erect suitable railings or barriers, and shall provAde watchmen on the work by days or, eight, as required and deemed necessary, for the safety of the work, on public or adjoining property. The Town reserves the right to remedy any neglect on the part of the Contractor as regards the protection of the work vhlcb mai coma to its attention, after 24 hours' notice in writing; except that in oases of emergency, it shall have the right to remedy any neglect with notice, and in either case to deduct the cost of such remedy from money. date the Contractor. 0.20 - MAINTAINING FLOW OF SEWERS AND DRAINS The Contractor shall, at his own cost and expense, provide for and maintain the flow of all sewers, drains, house or inlet connec- tions and all water-courses which may be met with during the progress of the work. He shall not allow the contents of any sewer, dreaa or house inlet connection to flow into trenches to be constructed utter the contract, except where written permission is given by the Bagloeer and shall, at his own expenso,- immediately remove and cart away from the vicinity of the work all offensive matter, using such precautions in so doing as may be directied by the- Engineer. 0.21 - PROTECTION OF EXISTING SUBSURFACE STRUCTURES Certain existing subsurface structures will likely be encountered during the construction of the work embraced in this contract, or located in such close proximity to the work to be done under this contract, as to require special precautions and methods for their pro- tection, ro-tect on, such as hewers, drains, water mains and conduits, together with appurtenances, and are shown on the drawings. The sixest loch- • tions and depths shown, however, are only approximate and tho Contrac- tor shall ontrac-tor`shall satisfy himself as to the accuracy of the inforMation given and shall not claim nor shall he be entitled to receive Compensation B for damages sustained by reason of the inaccuracy of the information given 1 given -or by reason of his failure to properly maintain and support such structures. RT. GS - 7 of 11 7 HM2MACHER,MCLENDW i MURR"F.C./ HM OOM. OONSWING o1 W=ft AM fN WAHMOaft SUMMf rozanaAL SPNC*FICATIONS (CONT'D) mould the Contractor, through his own negligence, damage any p"tioa of the existing underground structures, sewers:, drains, cul- vexts,- water lines, etc., located within the limits of the contract, &R4 whish a" to remain, he shall replace or restore sueh damaged portions, at his own expense and as directed by the Nngiaeer.< NOTI TING UTILITY COMPANIB3 The Utility Companies shall be notified in accordance with Sec- t os 1918 of the Penal Law of the State of New York and arttQle, 201, Section 329-a of the New York State General Business Law, entitled, "Construction or Blasting Near Pipes Conveying Combustible Gass" which states, "the person having direction or control of such works shall given such notice and further, he shall ascertain whether there is within one hundred feet in such street, highway or public place. . .any pipe. . .conveying combustible gas." This Contractor and all other excavators must comply with Indus- trial Code Part 53 whereby this Contractor must obtain the list of each operator of underground facilities and provide advanced notice to each operator of his intent to perform excavation in the area specified under this contract., 0,23 - PUBLIC, UTILITY COMPANIES All conduits, sewers, storm drains, water mains,. undeVgrc ad slec- tric and telephone conductors or conduits, or gas mains eseouate"d in the construction shall be properly and safely takes care of by the Con- tractor, who shall, upon encountering same, notify the public eorpora- tion to whom they belong, in order that they may be changed is such a manner as not to interfere with the final construction it it 1s imposs- ible to cross over, under or around the other utility. 6 1 ' RT GS - 8 of 11 8 NOLZMACHM MdMOOM i MURK"P.C.1 H2M CORP. coNem,nm OWNUM ANO tMAAONMMAL $COfl M GRNERAL SPECIFICATIONS (CONT'D) 0.24 INJURY TO :SERVICE PIPES In case any damage shall result to any service pipe for water or gaa,.oar any .private or public sewer or conduit, the Contractor shall, without delay, and at his own expense, repair the same to the sati - faction of the Engineer and in case such repairs are not made promptly or satisfactorily, the Owner may have the repairs made by another contractor, or otherwise, and deduct the cost of same from any monies due on to become due the Contractor. 0.25 - DAMAGES All damage, direct or indirect, of whatever nature resulting from either the performance of or resulting to the work under this contract during its progress from whatever cause, shall be borne and sustained by the Contractor, and all work shall be solely at his risk until the date of the final certificate. 0.26 - TRAFFIC MAINTENANCE The Contractor shall minimize all interference to vehicular, pedestrian and other traffic. Traffic along the construction site shall be provided with a passable and adequate road. All fire hyd- rants shall be accessible at all times. Maintenance of traffic Sshall .include bridging over construction, construction in sections, providing detours, and other measurer speci- fied. Access shall be maintained to all driveways. The Contractor shall furnish and install adequate warning signs, flags,, lights,, railings, barricades and other devices. Watchmen, flagmen and signal- men shall be provided to maintain traffic. 0.27 - REMOVAL OF TEMPORARY STRUCTURES On or before the completion of the work, the Contractor shall, without charge therefore, tear down and remove all buildings and other structures built by him for facilitating the carrying out of the work and shall remove all rubbish of all kinds from the grounds which he has occupied, and shall leave the site of the work clean and in good condition. 6 1 RT GS - 9 of 11 9 HMDV HCC Md,ENOON i MM"l c./ N2M OW. COMMTM IDUMNUM ANO OMMONM WAL 90amm GEKERJ4L OPSCIFICATIONS (CONT D) 0�g.-r %&ANING AND FINAL INFECTION All pipe lines and other structures shall be kept clean daring e4wstrtU ., and as the work approaches completion, the Confiraor s*11 sye --t Bally and thoroughly clean and mare any needed re- p&"Lrat , se same. He shall furnish at his own enc-peese suitable tools and ,Iabor for cleaning out all dirt, mortar and foreign substances ft► the structures, and also the water for cleaning by flushing. Any leakage of water into any structure exceeding the limits speei- fi."ed or any deviation from the proper grade for alignment to the strg ture or any other defect such- as to make the work, is the opinion of the Engineer, fall short of first class work, *ball be properly corrected by the Contractor at his own expense. The clean- ing and repairs shall be arranged, so far as practicable, to be com- pleted upon finishing the construction work. Notice to begin this cleaning and repairing, if such is needed, will be given in due sea- son by the Engineer who, at the same time, will make his final in- spection of the work. The Engineer will not prepare his final certificate of this por- tion of the work until after the final inspection is made. During this final inspection , the Contractor, at his own expense, shall fur- nish suitable provisions as to needed drainage, workmen and appli- ances. 0.29 TOILET FACILITIES t Necessary toilet facilities for the use of the workmen o-a the project, properly secluded from observation, shall be erected ;and maintained by the Contractor is such manner and at such poi,,-e as shall be approved, and their use shall be strictly enfer.eed The contents of same shall be removed, with sufficient frequency to pre- vent nuisance, and disposed of to the satisfaction of the Engineer and the Town. The .Contractor shall obey and enforce all sad„lts<ty regulations. The sanitary condition of the grounds in and Around such toilet facilities must be maintained in a satisfactory manner at all times. 4 1 GS - 10 of 11 10 HOLMACHM WUDd ON i MURMLL.P.c./ HM CORP. wmuLnma vmu== MO pMMMMO/TAL •WENT M GENERAL SFECIFICNrIu1NS (C ONV U) @.30 - CANT.G ORDERS During the construction period of this contract, the Engineer may ordev, 'ie writing, changes in sizes of (prior to release from the manufacturer) and/or locations of (prior to delivery of materials) and/or additional items. The prices as hid for the respective size installed shall be also applicable to any such changes or additions ordered by the Engineer. The total cost of additional items ordered shall be limited to not more than ten percent (10`x) of the total bid (including alternate bids) of all items. Change orders involving extras or additional funds outside the limits of the unit and/or lump sum prices must be approved by the Consulting Engineer and the Town of gouthoid • . 0. 31 - DEFINITIONS The specifications indicate specific manufacturers and/or catalog numbers, etc. , for the purpose of standardization in order to minimize stockpiling of replacement parts. The words "or approved equal" as hereinafter used shall refer to the use of an equal product that has received prior approval by the Consulting Engineer for the Town. The word "Engineer" rdferes to HO .ZMACHER, McDENDON & MURRSLL, P.C. , Consulting Engineer for the Town. The words "Owner" or "Town" refer to the TOWN OF SOtPMO • 4 +2 SH GS - 11 of 11 11 MOLZMACHER.MCLENDON 6 MURRELL.P.C. oowwnw twaiMw.wvwo�rurta• aam�n.w werw PAVEMENT RESTORATION & REPLACEMENT 1 t/ ITEM 5 5.1 SCOPE The work under this item includes sawcutting, removal and disposal of existing pavements (temporary and permament) , and the furnishing and placing of asphalt concrete base and binder courses at the locations indicated on the plans or as directed by the Engineer. 5. 2 - GENERAL Under this item, the Contractor shall be responsible for the re- moval and disposal of the following: 1) All temporary pavement previously placed by Southold Town forces in connection with the installation of new storm drainage leaching pools within the project area. 2) All existing pavement indicated on the plans and any existing pave- ment ordered by the Engineer in the field during construction. In general, the removal of existing pavement will be ordered at those locations where subgrade failure is evident. In addition, severely distressed or cracked pavement will be ordered removed. 3) All existing subbase material down to the required grade for con- struction of the new pavement section. In the event that the material at this grade is considered by the Engineer to be unsuitable as a sub- base for the new pavement, additional excavation ordered will be paid for under Item 14. Under this item, the Contractor shall construct a new pavement cross section at the aforementioned locations in accordance with the details indicated' on the plans. Pavement restoration at leaching pools shall include the additional. pavement required behind each - structure,-as detailed on the pians. Saweutting is required when removing deteriorated pavement and shall - be performed to the Engineer's satisfaction. Upon completion of sawcutting, all asphaltic concrete on all types of basics sball be removed in a. meat, workmanlike manner, using modern povemont. removal methods as approved by the Engineer. Disposing of r material &ha-ll be done in an acceptable manner off the site or at a designated area specified by the Engineer. This Contractor ahall be responsible for the payment of any dumping fees should he elect to use the Town Landfill facilities. .. , .SAW.-CUTTING 2 The existing asphalt pavement shall be cut at the locations •sig- nam by the Engineer. The minimum depth of cut shall 'be two (2) inches. PRR - 1 of 4 12 JH'r&%HOLZMACHER.MCLENDON 6 MURRELL,P.C. oo�KnMo�wwiwa.wvMo�ran�►�a�wn.w,�wM[M PAVEMENT RESTORATION & REPLACEMENT (CONT'D. ) 5.3 SAWCUTTING .(Cont'd. ) All work shall be accomplished in a neat, workmanlike manner, using approved modern sawcutting methods. Failure to cut a minimum depth of two (2) inches will be con- sidered as grounds for rejection of the sawcut, and the Contractor shall be required to re-sawcut the pavement. No payment will be made for either the additional sawcutting or additional pavement replace- ment required. 5.4 - SUB'-BASE The sub-base shall be cleaned of all loose or foreign material, reshaped if rutted, and otherwise prepared so as to provide uniform support for the pavement. All soft or unsuitable material such as loam stall be removed as directed by the Engineer, and .replaced with suitable material approved by the Engineer and compacted in six (6) inch layers to the pavement base. Excavation to remove unsuitable materials below the bottom of the proposed base course shall be paid for under Item 14. Shaping of the sub-base shall be accomplished by hand or with mechanical grading equipment after which the- sub-base shall be mois- ened and compacted by means of a vibratory-type compactor in accordance with modern vibratory compaction methods, to the approval of the Engineer. All equipment for the proper preparation of the sub-base and for the placing and finishing of pavement shall be in first-class working order and shall be subject to any inspection the Engineer, may desire prior to being placed in use. After the sub-base has been prepared and compacted to the required uniform density and to the:. required elevation, alignment and cross-section, it shall be maintain" is that condition until the pavement is placed thereon. Pavement will not be placed upon any frozen sub-base or upon any material which, in the opin- ion of the Engineer, is unsuitable as a pavement foundation. The end result of all compactive efforts shall be that the sub-base material is compacted to not less than 95% of maximum density at optimum moisture content as determined by AASHTO T-99. In the event that the Engineer determines that there is reasonable doubt regarding the quality or degree of compaction, he may► order that compaction tests be performed at random locations. All compaction T tests shall be performed by an independent laboratory previously. approved (written approval) by the Engineer. The costes for all 6 compaction testing ordered shall be borne by the Contractor. 2 PRR - 2 of 4 13 HOLZMACHER,MCLENDON E MURRELL.P.C. QOIIM1�11M0 NMMIMM.MIY11101111ptK�dlN1M1�N NM1111M PAVEMENT RESTORATION & REPLACEMENT (CONT'D. ) ,5.5 PAVEMENT MATERIALS Materials utilized for pavement restoration shall be in accor- dance with the "Suffolk County Public Works Specifications of November 1, 1968" as amended. The typical pavement restoration cross- section is indicated on the Contract Drawings. A bituminous material shall be placed on the concrete or bitum- inous base and at sawcut joints, as a tack or seal coat. The minimum application rate of this material shall be 0.1 gallons/square yard. The bituminous material shall conform to the requirements of New York State Department of Transportation Specification Section 407, Item No. 407.01. 5 .6 -_ PAVEMENT CONSTRUCTION All pavement restoration shall be performed in accordance with the rogUirements of "BITUMINOUS PAVING CONSTROCTION, PART II, SECTION 8" of the "Suffolk County Public Works Specifications of November 1, 19681' as amended. 5.,7 - MISCELLANEOUS No payment will be made under this Item for pavement disturbed or broken by the Contractor due to his own necrliaence or for pavements removed to facilitate the construction where specific authorization has not been given by the Engineer. 5.8 - MAINTENANCE AND GUARANTEE After repaving, the Contractor will be responsible for his work and will have to repair any sunken trenches immediately after, notifi- cation from the Engineer, to the satisfaction of the Engineer and the Town of Southold Highway Departmentfor a period of one (1) year after the date of final certificate. 5.9 ,m BASIS OF PAYMENT Payment will be made for the various types of pavement removal and restorat4on on a square yard basis in the following manners .. Remove temporary pavement placed by others and restore eacava- i . ea with new asphaltic concrete as detailed on the plans. Con- stir tjon. of paved areas behind each of the new leaching pool structures b shall be included under this item. 2 - Removal of existing deteriorated pavement sections and replace t with new asphaltic concrete as detailed on the plans or as ordered by the Engineer. PRR - 3 of 4 14 z i2MHOLZMACHER,MCLENDON&MURRELL.P.C. OOI"T"ENONNAMew4wA MMRIL MRAWN PAVEMENT RESTORATION & REPLACEMENT (CONT-D. ) 5.9 - BASIS OF PAYMENT (Cont'd. ) All pavement restoration shall be in accordance with the applicable Suffolk County Department of Public Works Specifications, the details in- dicated on the Contract Drawings and the directions and orders of the Engineer. The unit price bid for these items shall include all materials, labor, equipment and incidentals necessary to complete the work. 2 } PRR - 4 of . 4 15 HOLZMACHER. McLENDON i MURRELL,P.C. OONEIKINO EMEMIlEM EMMONfE1KKEdE1AMA.�IMNMM MAINTENANCE AND PROTECTION OF TRAFFIC ITEM 10 10.1 - SCOPE The work includes furnishing all labor, materials, equipment and appliances necessary to maintain both vehicular and pedestrian traffic, to protect the public from all damage to person and property and to minimize inconveniences to the residences and businesses ad- jacent to the. contract area for the duration of the contract in accordance with the specifications, as shown on the plans and as directed by and to the approval of the Engineer and the Town of Southold Highway Department. 10.2 - GENERAL The Contractor shall maintain traffic over a. reasonably smooth travelled way which shall be so marked by signs, delineations and/or other methods so that a person who has no knowledge of conditions can safely, and with a minimum of discomfokt� and inconvenience, ride, drive or walk over all or any portion of the roadway under construc- tion. onstruc--tion. The Contractor shall prepare and submit a plan to the Engineer for his approval, outlining a schedule of operations for the mainten- ance, protection and detouring of traffic showing in complete detail the methods, sequences, procedures and facilities he proposes to install. Before the Contractor shall in any way or manner restrict or interfere with the normal flow of traffic, he must first secure written approval of his proposed plan from the Engineer. The Contractor is placed on notice that the Maintenance and Pro- tection of Traffic over this highway during construction is rn-- sidered as important and necessary an item of work as is the actual construction itself. The Contractor shall at all times cenduvt his operation in a manner to insure the safety of motorists, pedestrians and his own employees. The Contractor shall protect the user from damage to person and pveperty by reason of any construction operation (for example - painting , paving, blasting, tree work, demolition, etc.) by such protective screens, devices or methods as are approved by th* g neer• 6' 2 J SOHT MPT 1 of 6l5 .e ,-� HOLZMACHER,McLENDON i MURRELL.P.C. COMM0.11p01M011N1M.1MY1110MMlMFK�GIMItMA�N RANMIM MAINTENANCE AND PROTECTION OF TRAFFIC - CONT'D. The Contractor shall under this item be responsible for the maintenance within the limits of the contract of the entire pave- ment, drainage facilities and other highway elements, both old and new, beginning on the date construction commences and ending on the date the contract is officially accepted. The Contractor shall schedule his work so as to minimize the amount of the old travelled way that is destroyed or substantially damaged at any one time. Throughout the course of the work the health and welfare of the people shall be provided for. The Contractor shall at -least one (1) week in advance of proposed work, ascertain the specific needs of individuals whose homes or place of business may be inaccessible for periods of time while required construction work is in progress. In all such cases, the Contractor shall make akl arrangements with health, safety and protective agencies to insure that any and all emergeney or accidental needs of seriously hampered people will be cared for. Roads which must be closed to traffic completely shall he completed during the normal work week. One week's advance notifi- cation of construction shall be given to affected residents. i 10.3 - MATERIALS All materials used shall comply with the requirements for the various items or materials as established in the specifications or the plans. All temporary signs, delineators, barricades, lighting and other warning and guiding devices shall be as approved by the Engi- neer, and will remain the property of the Contractor. All materials and equipment and workmanship for electrical installations shall be in strict compliance with the Standard Code Requirements and the work shall be performed by licensed electri- cians. The Contractor shall obtain, supply and pay for all required electrical energy and shall make all necessary arrangements with the utility company for service points. All electrical services, permits and certificates shall be obtained and paid for by the Contractor. i • SOHT MPT - 2 of 6 17 HOLZMACHER, McLENDON&MURRELL.P.C. ppINllltMq[MOMI[tM■NYNgMY[NfK[pl[MTNT[M KAMIIIM MAINTENANCE AND PROTECTION OF TRAFFIC - CONT'D. r 10.4 - CONSTRUCTION DETAILS 10. 4.1 - General - The Contractor shall generally provide a trave way suitable for maintaining a minimum of two lanes of traffic. This travelway shall be kept well drained and reasonably smooth and hard at all times and free of potholes, bumps, irregularities and depressions that hold or retain water. 10.4.2 - Warning Signs & Delineators - The Contractor shall erect barricades, detour signs, warning lights and other facilities approved by the Engineer at the beginning, end and for the entire length of any detours to adequately warn the travelling public that the road is closed and indicate the direction and route of the detour. He shall conduct his operations to insure a minimum of delay to traffic. The Contractor shall furnish, erect and maintain proper reflect- orized signs, indicating to motorists the status of the highway under construction. All signs shall be kept clean, mounted at the indicated height and so placed as to be effective both day and night. Signs, warnings, delineators and barricades shall be used to adequately inform the motorist of any unusual or unsafe condition and to safely and clearly guide him through the contract area. Such signs , barricades, warnings or devices shall be so placed and lighted as to give timely warning and permit the motorist to take the necessary action to traverse the area safely. Barricades and signs shall be lighted when and as required . The Contractor shall delineate areas where there is a drop-off near the edge of the travel lanes and areas on which it is unsafe to travel . Where the drop-off is less than 6-inches, and where soft or unsafe areas occur, an approved delineator shall be placed along the edge of the t ravelway at intervals of not more than 200 feet. Where the drop-off is greater than 18-inches, a continuous delineation consisting of a white board or band shall be used in addition to individual delineators. Thirty ( 30) to fifty (50) gallon drums or containers set on end may be used as delineators, provided they are painted orange and white and kept clean at all times. Other markers or delineators may circular or rectangular in shape and shall be constructed of reflective sheeting having a minimum area of 20 square inches or reflective buttons having a minimum diameter of 3-inches. All reflective delineators or markers shall be yellow or amber in color except that at entrances to commercial establish- ments the Contractor shall place a green reflective marker on each side of the designated safe entrance to the establishment. The entire 6 2 SORT MPT - 3 of 6 18 HOLZMACHER, McLENDON&MURRELL.P.C. x of n�a SWANOMWWALSam"" wruw'rM MAINTENANCE AND TRAFFIC PROTECTION - CONT'D. entrance area between adjacent green markers shall be kept safe and smooth for convenient ingress and egress. Delineators shall be sub- stantially mounted so that the bottom of the reflective unit is 4 feet above the elevation of the travelway. Any area judged by the Engineer to be particularly hazardous shall be marked by the use of oil burning flares or signal flashers with a large reflectorized orange lens in addition to the reflective markings. All signs, markers and other facilities shall indicate actual conditions existing and shall be moved, removed or changed immediately, as conditions require. Details and types of signs, temporary barricades, timber curb and other devices are shown on Standard Structure Sheets, Manual of Uniform Traffic Control Devices of the New York State Traffic Commission. These are minimum requirements and the Contractor shall have an adequate quantity of each available for use as required. The Engineer may, if conditions exist, require additional signs. In that event, they shall be o€ thoseent showntontt3zehe aStandardntst Struetureial requirements and details Sheets. Lighted barricades shall be fully equipped with complete electrical facilities including fixtures, lamps, conduits, switches, cut-outs, boxes, cable and all other required equipment, app and connections to the service points designated by the utility company as necessary to install and light the barricades. The Contractor shall set and adjust time switches and other equipment as required to put the lighting system in satisfactory operation. 10.4.3 - Maintenance - The Contractor shall furnish material, labor and equ pment at any time, day or night, to immediately repair, remedy and prevent washouts, formation of holes, ruts and depressions, sunken trenches and the destruction or sinking of temporary pavements. This applies when the work is underway and when the work in temporarily suspended for any period of time. Special attention shall be. given to maintenance of a satisfactory travelway over weekends, holidays, and during the winter season. Any damage to any .portion of the work occasioned by lack of adequate maintenance shall be repaired by the Contractor at his own expense* 2 90H T MPT - 4 of 6 19 fl '� HOLZMACHER McEENDON a MURRELL.P.C. IL OONMIl1MNl110M111M.N1Y1110MMlM�K IG[MHp�.MhMMMM MAINTENANCE AND PROTECTION OF TRAFFIC — CONT'D. a:. 10. 4.4 - Flagmen - Whenever it is necessary to maintain traffic, the Contractor shall employ a sufficient number of competent flagmen during the time traffic is maintained. The Contractor shall also provide a sufficient number of competent flagmen in areas where traf- fic is congested, particularly where construction equipment is - operating. 10.4 .5 - Access - Under this item, the Contractor shall construct and main a n at al times where required or as directed, temporary bridges or bridging across pipe trenches, excavations, obstructions and newly laid pavements to provide adequate ingress and egress for pedestrian and vehicular traffic to and from private driveways, busi- nesa and commercial establishments or for main street intersections and heavily travelled crossings. The Contractor will be required, after the installation of all pipes and necessary appurtenances thereto, to immediately backfill all trenches, compact the same with the surface -of the fill graded off, and install temporary pavement to permit the resumption of traffic without delay. The surfaces of all trenches shall be maintained continually by the Contractor t** carry ` traffic smoothly, safely and without interruptions or slowdowns , until the permanent pavement has been restored. 10.4.6 - Existing Signs - All existing highway signs and supports within the contract limits are to remain under the control and juris- diction of the Engineer and are to be properly maintained for the duration of the contract by the Contractor as directed by the Engineer. .The Contractor shall, when shown on the plans or ordered, remove these existing signs; store, protect and keep them clean; and replace them on the contract as directed by the Engineer. Signs not to be replaced shall be cleaned and delivered to the Town as directed by the Engineer. Signs or markers lost or damaged because of negligence on the part of the Contractor shall be replaced at the Contractor's expense. 10.5 - EASIS OF PAYMENT The work of maintenance and protection of traffic shall be -paid for tender item 10 at a %lump sum bid price that is greater than or erq l to the minimum bid price indica-ted on the proposal sheets. In the event that, in the opinion of the Engineer, traffic is RO,t 'pr©perly a-nd adequately maintained on any part of the contract on any day, and/ or the Contractor deviates from or fails to comply with the approved plans, schedules and modifications or amendments thereto, no payment for 6 maintenance and protection of traffic will be made for that day.. 2 SOHT MPT - 5 of 6 20 HOLZMACHER. McLENDON&MURRELL,P.C. �Ktwo eNo�e�s,aNV Mo►weu*�►�atwtwn.w n MAINTENANCE AND PROTECTION OF TRAFFIC - CONT'D. Daily cleanups of the project site are considered an integral part of the maintenance and protection of traffic. Therefore, no payment will be made for those days where, in the opinion of the Engineer, the Contractor has not performed a satisfactory cleanup. The amount of any such daily non-payment will be $100 . The aggregate sum of money deducted for daily non-payment may exceed the actual amount bid for this item and may be deducted from any monies due the Contractor on other items of this contract. If the Contractor fails to maintain and protect traffic ade- quately and safely for a period of 24 hours , the Engineer may cor- rect the adverse conditions by the use of such means that he may deem necessary and augmented by such other equipment and personnel as it may be necessary to hire from outside sources, and the entire cost of this work by such forces, materials and equipment shall be deducted from any monies due the Contractor-on this contract. The deduction due to the cost of this work shall be in addition to the daily non-payment deductions listed above. The bid price shall include the cost of furnishing all labor, materials, tools and equipment necessary to satisfactorily complete the required work. Monthly payments will be made for this item in proportion to the total amount of contract work, excluding maintenance and pro- tection of traffic, completed divided by the total bid price less the stated allowance for maintenance and protection of traffic. 6 2 SORT MPT - 6 of 6 21 HOLZMACHER.McIENOON a MURRELL.P.C. apMMII�.N pAM�NM.�K �«/w1MM TACK COAT ITEM 11 11„1..1 $___COPE This work shall consist of preparing and treating an existing bituminous or concrete surface with bituminous material in accordance with these specifications and. in reasonably close conformity with the limits shown on the plans or established by the Engineer. 11.2 - MATERIALS The bituminous material, prior to dilution, shall meet the re- quirements of one of the following material .4esignations from the 1 ..Y.S.D. .T. "Standard Specifications - CONSTRUCTION AND I4ATE1tIALS", dated January 2, 1981: A-sphal t Emulsion (HFMS-2h) 70 2-34 01 Asphalt Emulsion (SS-1h) 702-3601 Cationic Asphalt Emulsion (CSS-1h) 702-4501 The bituminous material shall be diluted with an equal volume of suitable emulsifier solution and thoroughly mixed into a homogeneous liquid. The diluted bituminous material will be sampled and tested in accordance with the Engineer's written instruction. 17 .3 -_ CONSTRUCTION DETAILS 11.3.1 - Equipment - The Contractor shall provide equipment for heating the bituminous material and a distributor for applying the tack coat. The distributor shall be so designed, equipped, maintained and operated so that bituminous material can be applied uniformly on variable widths of surface up to 15 feet at readily determined and controlled rates from 0.05 to 2.0 gallons per square yard, with uniform pressure, and with an allowable variation from any specified rate not to exceed 0.03 gallons per square yard. Distributor equipment shall include' a tae eter,.' aceatr-ate volume measuring devices or a calibrated tank, and a thermometer for measuring temperatures of tank contenks. Nist r i- ters shall be equipped with a powar unit for the pump, anal full cir- culation ir- eulat ;on spray bars adjustable laterally and vertically. Distributors 0 shall be equipped with an approved bituminous material saspliug valve. When samples are taken through such valves, they shall be consl6wed i representative of - all material in the tank. TC - 1 of 2 21 HOLZMACHER, McLENDON&MURRELL.P.C. pONMKIMIOlMIMlM.NIYMOMYEIMM gtNTD1�.N.lAM1K.K TACK COAT - CONT'D. L 11. 3.1 - Equipment - (CONT' D. ) Small power spray units or hand spray equipment may be used in areas where the Engineer determines that the use of a distributor is impractical . 11.3.2 - Preparation of Surface to Be Treated - The existing surface sha be patched and cleania cleanand shall be free of irregularities to provide a reasonably smooth and uniform surface to receive the treat- ment. Unstable corrugated areas shall be removed and patched with mat- erials determined suitable by the Engineer. The edges of existing pavements, which are to be adjacent to new pavements, shall be cleaned to permit the adhesion of bituminous materials. 11.3.3 - Application of Bitminous Material - The bituminous mater` a hall be uniformly applied ith a pressure distributor . The tack coat shall be applied in such a manner as to permit one-way traffic, where practical. 7 In addition, the tack coat shall be applied so as to offer the least inconvenience to traffic and to prevent pickup or tracking of the bituminous material. Tack coat shall not be applied during wet or cold weather, as determined by the Engineer. The temperature and areas to be treated shall be approved prior to application. The application rate shall be 0 .10 - 0 .15 gallons per square yard unless otherwise ordered by the Engineer. 11.4 - METHOD OF MEASUREMENT The quantity to be paid for will be the number of gallons of diluted emulsion measured at 60 degrees Farenheit incorporated into the work.. JJ J - EASIS OF PAYMENT The unit price bid per gallon for tack coat shall include the cost of furnishing materials and all equipment and labor necessary to com- plete the work. 1 0 i TC - 2 of 2 23 H2M CORP. / HOLDAACHfR. MCLODON 6 MURR" P.C. cowmnma ow"Ups Amo amRa+Mar& 100TIM THERMOPLASTIC PAVEMENT MARKINGS 12. 1 - SCOPE Under this item, the Contractor shall furnish and apply thermoplastic reflectorized pavement markings at the locations and in accordance with' patterns indicated on the plans or pavement, or as ordered by the Engineer. This work shall include the cleaning and preparation of pavement surfaces and the maintenance and protec- tion of traffic during installation. 12.2 - MATERIALS : THERMOPLASTIC. PAVNMENT MARKING MAMIAL. (WHITE This specification shall cover ref lectorized thermoplastic pavement striping material that is extruded to the pavement surfaces in -a molten state by mechanical means and which upon cooling to the normal pavement temperature produves a ref ectorized traffic stripe of, desired thickness and width. The term "Thermoplastic Material" defines a substance free of volatiles, appl=led in a molten state, which after cooling to the ambient temperature and without polymerisation or any other chemical change forms a traffic marking stripe of a quality and appearance as specified in subsequent sections of these specifi cations. This specification is intended to set minimum limits on material characteristics of the thermoplastic compound. The successful bidder shall furnish test samples of materials. He must also submit a list of installations made in the last three years. Material composition shall be in accordance with the following: A. In the plastic state, the material shall not give off fumes which are tonic or otherwise injurious to persons or property. R. The temperature versus viscosity characteristics of the plastic material shall remain constant through four reheatings; and *-hall be the same from batch to batch. There shall be no obvic change in color of the material as a result of a number of reheat ngs or from batch to batch. C. The pigmented binder shall be well dispersed and free from all skins, dirt, foreign objects, or such ingredients as will cause bleeding, staining or discoloration. 24 PM 1 Of 5 H2M OORP. / HOUMACHER.McLENOON d MURR" P.C. OONSULnNa 04MMUM ANO VMQONMORAL SOUM ri THERMOPLASTIC PAVEMENT MARKINGS - CONT'D . • D. The binder shall consist of a mixture of non-drying synthetic resins at least one of which is solid at room temperature. The total binder content of the thermoplastic compound shall be not less than twenty percent (20%) and sufficient to hold the exposed beads securely in place without the beads abrading off. E. The filler to be incorporated with the .resins as binder shall be a white calcium carbonate- or approved alternate with a minimum compressive strength of five thousand pounds (5;000 lbs. ) per square inch. F. Specific gravity of, the materials shall be between 1.9 and 2. 1 at 25 degrees centigrade. G. The percentage of pigments for white and yellow thermoplastic shall be between 10% and 151%.., E. The softening point (ASTM E 28 Test). 0all be a minimum of 90 or as the Engineer approves . 1. Reflectorized beads (Fed. Spec. TT-P-85) shall be employed in the material to the extent of not less than twenty percent (201%) nor more than 30 percent (30%) by weight of material. The glass beads used in the formulation shall have refractive indexes of not less than 1.50 when tested by the liquid method at 25 degrees centigrade; shall consist of 901% min. by count of water white true spheres and shall be free from air inclusions. The beads shall have the following gradation unless the Engineer approves alternate sizes: U.S. Sieve No. Maximum Percent Passing 30 60'x, 50 15% 100 0% Not less than 90% of the spheres shall meet the following require- ments: 1. The surface of the spheres shall be smooth, 'lustrous and free from film, scratch and pits. M - 2 of 5 25 H2M CORP. / HOIZMACMER. MCLENDON i MURK"P.C. THERMOPLASTIC PAVEMENT MARKINGS - CONT$D. f' 2. The spheres shall be clear and transparent and shall not be ovate in shape or fused spheroids and shall meet ASTM D1155 speci- fications. 3. The spheres shall show high autocollimating efficiency. Not more than 1% shall be black, amber or milky. The compound shall not deteriorate by contact, with sodium chloride, calcium chloride, or other chemicals used against formation of ice on roadways or streets or because of the oil content of pavement materials or from oil drip- ping from traffic. J. Topdressing beads stall be beads with a refractive index of 1.50 and the same specifications as above in Paragraph 1. Payment for these beads shall be included in the cost of thermoplastic material . K. The night-time visibility and reflectivity of the white and yellow thermoplastic lines shall be at least .equivalent to reflectorized painted traffic lines having six pounds per gallon drop on beads of 1. 5 index of refraction after each "has been applied side by side on heavily traveled roads for one month. 12.3 - INSTALLATION PROCEDURES A. Layout for the installation of pavement markings will be performed by the Contractor. In the event resurfacing is completed at a time when the thermo- plastic cannot be applied, the Contractor shall install temporary paint. lines as directed by the Engineer. The Contractor shall install re- quired permanent thermoplastic lines when the road surface is the appropriate temperature. The Contractor in submitting his bid, hereby agrees that he shall have no claim for any damages lose to such delay other than extended time to complete the work. ApplieatIOA for- exten- sion of time shall be filed by the Contractor with the Eotoeer at least 15 days prior to the contract date of completion. The cost of any required temporary painted lines shall be included in the unit price bid for Item 12. B. Installation procedures for thermoplastic materials shall be in accordance with the following; 1. Before any work is begun, a schedule of operatiaas shall be satbmitted for the approval of the Engineer. Signs, cones agd oto' traffic control devices necessary to conform maintenance Of, tra:flte operations to the New York State Manual of Uniform Traffic Etrol govices shall be on hand for the Engineers inspection prior to the y start of work. 26 P14 - 3 of 5 H2M CORP. / HOLDAACHER. Md8MOON 6 MURR" P.C. CONluLnNG CN(UNUM ANO DMAONMOITAL WOMS" THERMOPLASTIC PAVEMENT MARKINGS - CONT'D. -, 2. Material shall be applied to the pavement at material temper- ature no lower than 360OF nor higher than 4200F. Installation shall be done only in seasonable weather, in accordance with good practice and in accordance with the manufacturer's recommendation. Immediately after application of the thermoplastic, drop on glass spheres (top- dressing beads) sha-11 be mechanically applied while the thermoplastic is still sufficiently molten, such that the spheres will be held by and mechanically imbedded in the surface of the material, in order to provide immediate night reflectivity. 3. The material shall be placed in accordance with the layout lines marked by the Contractor and shall conform as closely as possible to these layout marks. 4. Cleaning Equipment - Equipment must be provided to insure removal o ust debris, and other.,foreign.-matter from the road surface immediately prior to the installation of the thermoplastic. 5. Condition of Pavement - The pavement shall be dry and free from oil, dirt, grease or other oreign contaminants at the time of instal- lation and the pavement temperature shall 'be above 55OF and ambient temperature shall be 450F and rising. 6. Equipment for Melting and Heating Thermoplastic Material - A special kettle mounted on a mobile unit is required for melting and heating the material. Such equipment shall incorporate the following features : The kettle shall be of sufficient capacity to satisfy the minimum installation requirements of the material as specified hereafter; The kettle shall provide means of heating the material by means of thermo- statically controlled heat transfer liquid rather than by direct flame, so as to provide positive temperature control and prevent overheating of the material; suitable temperature gauges to indicate liquid and material temperatures at all times shall be provided in the kettle; The kettle shall provide means of continually agitating the material while the material is being heated; the kettle shall have means of rapidly and efficiently discharging the liquid material into appro- priate application equipment; the kettle shall be equipped and con- structed in such a manner so as to satisfy the requirements of the National Board of Fire Underwriters and the appropriate agencies of the State of New York. 7. Application E ui ment Equipment shall be provided to place the materia on the pavement as a finished line. The portable hand operated applicator shall include the following features: 27 PM - 4 of 5 H2M CORP. / HOLZMA00% McLENOON i MURR£LL. P.G. OONSMT"M 040MUM ANO ommmMORAL WEfMM THERMOPLASTIC PAVEMENT MARKINGS - CONT'D. The applicator shall provide agitation for the material prior to its actual installation; the applicator shall provide means of maintaining the material at its proper application temperature(not lower than 360°F nor above 4200F) ; the applicator shall be equipped with an extrusion shoe (die) that shall maintain uniformity of speci- fied width, and thickness of not less than 3/16-inch of generally. . uniform cross-section. The shoe(s) or die(s) shall be made available to the Engineer for inspection prior to the start of work; the appli- cator shall provide a means of cleanly cutting off the ends of each length; the applicator shall be capable of providing lines of vari- able widths from 4-inches to 12-inches by use of interchangeable parts ; the applicator shall be easily maneuverable and so constructed as to permit application of curved lines;' the applicator shall be provided wiika: bead dispenser cipable of uniformly dispensing reflective glass spheres (tepdress ng) at eontrolle4 rates of flow. The bead dispenser skall. be automatically operated is such a mhnner that it will only dispense beads while the material is being applied. The beads shall be dispensed at a rate of not less than one pound per 16-square feet of material. Equivalent to 1 pound per 48 L,F. of 4-inch lite. The ap- plicaters shall be equipped and constructed in such a manser so as to satisfy the requirements of the National Board of Fire Underwriters and j the appropriate agencies of the State of .New York. . In addition, a truck mounted mobile applicator may used for the installation of longitudinal lines. This pavement marking machine shall combine the specifications of the above described kettle and applicator in one self- contained unit. 12.4 - BASIS OF PAYMENT Payment shall be made under Item 12 at the price bid for the actual number of linear feet of four-inch-wide pavement marking material measured along the center of the surface stripe. No payment will be wade for the number of linear feet of space in the dashed line. Payment for markings wider than four inches will be made at contract price per feet of the four-inch line multiplied by the actual width in inches. divided by four. Payment for arrows shall be made as equivalent to 50 feet of four-inch line per arrow. This item will be paid for at the contract unit price ;per linear foot of fear-inch-wide pavement marking. The unit prie* bid shall Include fall compensation for furnishing all material, a 1pseat, labor, sad incidentals necessary to satisfactorily complete the work. All material includes topdressing beads. 28 PM - 5 of 5 HOLZMACHER, McLENDON 6 MURRELL,P.C. cowuaa ENo�e[w.t«vMowrEmK a[wnn.M a ADDITIONAL EXCAVATION AND BACKFILL ITEM 14 1.4.1 - SCOPE The work includes the furnishing of all labor, materials, equip- ment and appliances necessary to perform, stockpile and dispose of additional excavation, furnish and place additional selective backfill, perform and dispose of rock excavation in accordance with the speci- fications as ordered by and to the approval of the Engineer. 14.2 - STOCKPILING OF SURPLUS MATERIALS The Contractor. shall stockpile all materials that are excess from excavations that are suitable for reuse under this section of the specifications. - The excess materials from excavations shall be stock- piled on property provided by and at -the expense of the Contractor. When ordered by the Engineer to provide backfill, the Contractor shall utilize all of the material stockpiled prior to furnishing "addi- tional backfill", for which separate payment will be. made. At the completion of construction, all excess materials stock- piled will become the property and responsibility of the Contractor. There shall be no payment for maintenance of the stockpile herein described nor shall there by payment for rehandling any materials in the stockpile to incorporate it into the work. Payment shall be made only for the additional excavation required, if any, to remove unsuit- able materials from beneath normal, excavation lines. 14. 3 DESCRIPTION 14. 3.1 - Additional Backfi11, - Shall consist of crushed stone or bank run sand and gravel,, tree from orgatnic or other unsuitable material, and of approved size, grade and quality for use as indicated on the plans where directed by the Engineer. Prior to use, the Contractor shall submit for Engineer's approval, a sieve analysis of the special backfill. The material shall be of such size that not more than 70 percent by weight shall pass the No. 40 mesh sieve and not more than 15 percent by weight shall pass the No. 200 mesh sieve. 14. 3.2 - Additional, Excavation - Shall consist of .the removal and disposa o ally unsuitable oun ation material encountered during any pavement construction. Suitability of various materials as a foundation material will be decided by the Engineer. 6 2 AE&B 1 of 3 29 HOLZMACHER. MCLENDON 6 MURRELL.P.C. G&MRnw alagesU .aNVM0W**TK IC"Mta.MP ANKH ADDITIONAL EXCAVATION AND BACKFILL (CONT'D.) 14.3. 3 - Rock Excavation - Shall be classified as boulders, hard and solid ledge rock and other similar materials of more than one-half cubic yard (h c.y. ) volume. 14.4 - PLACING ADDITIONAL BACKFILL Additional backfill shall be spread in layers not exceeding 6-inches in thickness and shall be thoroughly compacted to prevent settlement. Any settlement in the finished work shall be made good by the Contractor at his own cost and expense. 14.5 BASIS OF PAYMENT Payment will be made at the unit price bid under Item 14A for the actual number of cubic yards of Additional Badkfill as explained in Section 14.3.1, for additional selective backfill as ordered big the Engi- "or that is not already stockpiled by the Contractor for work ordered by the Engineer outside the prescribed limits as detailed on the plans or indicated in the specifications. No measurement and payment i ll be made for additional backfill used in unauthorized areas. The price bid -per cubic yard for additional backfill shall include necessary ex- cavation and disposal and shall cover the cost of all materials *rA -expenses incidental to the furnishing, placing and compacting the addi- tional backfill in the completed work, in accordance with the specifica- tions, or the Engineer's directions. Bids on Item 14A shall, not be less than $2:00 nor more than $10.00 Per cubic yard. Payment will be made under Item 14B at the unit price bid per cubic yard for additional excavation for the actual number of cubic yards removed below subgrade. Additional excavation shall be performed only when authorized by the Engineer. Bids on Item 14B shall not be less than $2.00 nor more than $10.00 per cubic yard. Payment for rock excavation will, be made at the unit price bid for Item 14,C and shall, be for the,actual number of cubic yards of rock or boulders that must be removed in order to providethe prWor subbase ferr. pal►ement construction. In the excavation for pavement eouttraction# the unit price to be paid for the rock excavation sball `be the additional ,cost per cubic yard for rock excavation. No payment shall be made nor shall measurement be made by any rock or boulder removed which did not exceed ane-half cubic yard (; Cal.) 6 in Volume. 2 AE&B - 2 of 3 30 HOLZMACHER, MCLENDON&MURRELL,P.C. 1-2" {',pNWI�tN/0 ENONIEEM.ENYNIONMENTAL Wam"gf NN KONKM ADDITIONAL EXCAVATION AND BACKFILL (CONT'D. ) Bids on Item 14C shall not be less than $3.00 nor more than $50.00 per cubic yard. Payment under these Items shall include furnishing all labor, mate- rial, equipment and incidentals necessary to perform additional excava- tion, furnish and place additional backfill and perform rock excavation. 1 6 2 AE&B - 3 of 3 31 HOLZMACHER. MCLENDON 6 MURRELL. P.C. / H2M CORP. CONSULTING ENOINUAS AND ENVIRONMENTAL SCIENTISTS ASPHALT CONCRETE TRUING AND LEVELING COURSE ITEM 51-TL 51. 1 SCOPE Under this Item the Contractor shall furnish and place a truing- up or leveling course over the existing pavement surface in accordance with the provisions of Item 51-TL of the "SUFFOLK COUNTY PUBLIC WORKS SCIFICATIONS OF NOVEMBER 1, 1968", as amended. 51.2 BASIS OF PAYMENT The unit price bid per ton for this Item shall include the cost of furnishing all materials, labor and'equipmeift necessary to construct the truing and leveling course, as required by the Plans and as ordered by the Engineer. 1 0 l 32 ACTL - 1 of l HOLZMACHER, McLENDON &MURRELL. P.C. / H2M CORP. CONSULTING ENGINEERS ANO ENVIRONMENTAL SCIENTISTS r ASPHALT CONCRETE, TYPE lA (TOP COURSE) ITEM 51-FZ 1.0 - SCOPE Under this Item the Contractor shall furnish and place a one- course layer of top mix to the required thickness as shown on the plans, in accordance with the provisions of Item 51-FZ of the "SUFFOLK COUNTY PUBLIC WORKS SPECIFICATIONS OF NOVEMBER 1, 1968" , as amended. 1. 1 - BASIS OF PAYMENT The unit price bid per ton for this Item shall include the costs for all labor, equipment and materials necessary to construct the top course as required by the Plans and these Specifications. Included in the unit price bid for this Item shall be thO cost to construct all re- quired "V" grooves and the cost to thoroughly sweep clean the existing , roadway surface prior to any paving operations. 1 0 1 i 33 ACTC - 1 of 1 HOLZMACHER, MCLENDON 6 MURRELL, P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL BCIENT M INDEMNITY, LIMITATION OF LIABILITY 1. INDEMNITY The Contractor and all sub-contractors performing work in connection with this contract shall HOLD - HARMLESS, INDEMNIFY and defend the OWNER and ENGINEER, their consultants, and each of their officers, agents and employees from any liability, claims, losses or damage including reason- able costs of defense arising out of or alleged to arise from the Con- tractor' s or sub-contractor' s negligence in the performance of the work described in the Contract documents, but not including liability that may be due to the sole negligence of the OWNER, ENGINEER or their officers, agents and employees. ` 2. LIMITATION OF LIABILITY The Contractor and all sub-contractors agree to limit the liability of the OWNER and ENGINEER due to the Engineer' s professional negligent errors or omissions such that the total aggregate liability of the engineer to those named shall not exceed fifty thousand ($50,000 . ) dollars, or 5% of the contract award amount, whichever is greater. 1 0 0 ILL 1 of 1 hfVLLMnl.tttl�, MCltnW1`1 E• wvn► cu. r. .. � a'n w.•r. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTIST! CONTRACT CONTRACT IN QUADRUPLICATE FOR AT TOWN OF SOUTHOLD, SUFFOLK COUNTY , NEW YORK , dated , 19 , BY AND BETWEEN THE 'TOWN BOARD OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK , (herein called the "Town, " and (herein called the "Contractor" ) . WITNESSETH , that the Town and the Contractor, in consideration of the premises and of the mutual covenants , considerations and agreements herein contained , agree as follows: This Contract is hereby awarded to the Contractor for the work and material called for under his bid in the Proposal section of the Contract and designated as Items: and if required by the Consulting Engineer, Items: for the sum of: Dollars for the unit and/or lump-sum price(s) as listed in the Proposal herein. C-1 HOLZMACHER. MCLENDON 6 MURRELL. P.C. / H2M CORP. CONlULTINO ENOINELR& AND ENVIRONMENTAL SCIENTIS" CONTRACT - CONT' D. 1 1 . CONTRACT DOCUMENTS AND DEFINITIONS The Notice to Bidders, Information for Bidders, Proposal , General Conditions, Contract , Specifications and Plans, together with any Addenda , shall form part of this Contract , and the pro- visions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. The titles, headings, head- lines 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 Docu- ments" is used, it shall mean and include this Contract, the .Plans, Specifications, any Addenda, and the Notice to Bidders, Information for Bidders, General Conditions and Proposal. In case of any con- flict or inconsistency between the provisions of the Contract and those of the Specifications, the provisions of the Contract shall govern. WORK: The ' term "Work" , as used herein, refers to 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 completed project , and includes all plant , labor, materials, supplies, equipment and other facilities and acts necessary or proper for or incidental to the carrying out and completion of the terms of this Contract . The term "work performed" shall be construed to include material delivered to and suitably stored at the site of the project. EXTRA WORK: The term-"Extra Work" , as used herein, refers to and includes all work required by the Town which, in the judgment of the Engineer , involves changes in or additions to work required by the Plans, Specifications and any Addenda in their present form. SUBCONTRACTOR: The term "Subcontractor" , as used herein, shall mean any person, firm or corporation applying labor and material for work at the site of the project , but not including the parties to this Contract . ENGINEER: In the performance of the work, the Town shall be represented by its Consulting Engineer HOLZMACHER, McLENDON & MURRELL, P.C. , (herein called the "Engineer") . C-2 HOLZMACHER, MCLENDON 6 MURRELL. P.C. / H2M CORP. CONlULTING ENGINEERS ANO ENVIRONMENTAL BCIENTIfT! CONTRACT - CONT' U. 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 the last known business address of , the person, firm or corporation for whom intended or to his, their, or its duly authorized agents, representatives or officers, or when enclosed in a postage prepaid wrapper or enve- lope addressed to such person, firm or corporation at his, their, or its last known business address and deposited in a United States Mail Box. 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, designa- tion or prescription of the Engineer, and "approved", "satisfied" , or "satisfactory" , it the judgment of" , and words of like import, shall mean approved or acceptable to, or satisfactory to, in the judgment of the Engineer. 2. SCOPE OF THE WORK The Contractor will furnish all plant , labor, material, 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 the Contract . 3. COMPENSATION TO BE PAID TO THE CONTRACTOR (a) Agreed Prices: It is understood and agreed that the Con- tractor 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 reason of variations from the estimated quantities set forth in the Proposal. (b) Extra Work and/or Changes : The Town 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 : C-3 WX2MACHER, McLENOON 6 MURRELL. P.C. / H2M CORP. CONSULTING ENGIMMS AND [NVIIIONMWrAL 6CIOMM CONTRACT - CONT'D. (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 prices or by a lump sum mutually agreed upon by the Town and the Con- tractor, or (3) If no such unit prices are 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, or 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 percent (20%) as full compensation for all other items of profit , costs and expenses, including administration, overhead, superintendence, insurance, insurance other than Workmen 's Compen- sation Insurance, material used in temporary structures, allowances made by the Contractor to subcontractors, additional premiums upon the Performance Bond of the Contractor and the use of small tools. 4 . TIME OF ESSENCE Inasmuch as the provisions of this Contract relating to the time for 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 pro- visions are of the essence. of this Contract. 5. COMMENCEMENT OF WORK The Contractor agrees that he will commence work within ten <10) consecutive calendar days after signing this Contract, and tba,t the day !ie commences work shall constitute the first of the consecutive calendar days allowed for completion of the work. C-4 HOLZMACHER, McLEND©N &MURRELI, P.C. / H2M CORP. coNSULTING ENOIM MRa AND [WRONMORAL SCIUMM CONTRACT - CONT'D. w 6. TIME FOR COMPLETION The time for completion of this Contract shall be within the number of calendar days stated in the Bid Proposal and the date of such compl6tion shall be the date of the certificate of com- pletion hereinafter specified. The Town reserves the right to order the Contractor to suspend operations when, in the opinion of the Engineer, impro- per weather conditions make such action advisable, and to order the Contractor to resume operations when weather and ground con- ditions permit. The days during which such suspension of work is in force Lare not chargeable against the specified completion time. ? LIQUIDATED- DAMAGES FOR DELAY The time limit being essential to and of the essence of this Contract , the Contractor hereby agrees that the Town 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 two hundred and fifty dollars ($250.CO) per day 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 Town 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, provided, however, that the Town 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 completign of his 4 work by reason of unforeseeable causes beyond his control and with- 2 out his fault, or negligence, including but not restricted to Acts ,of God or of any public enemy, acts or neglect of the Townr acts or neglect of any other Contractor, fires, floods, epidemics, quarantine restrictions, strikes, riots, civil commotion or freight embargoes, the period herein above specified for completion of his work shall be extended by such time as shall be fixed by tate Town. No such extension of' time shall be considered a waiver by the Town of its right to terminate the Contract for abandonMOnt or delay by the Contractor as hereinafter provided or relieve the Contractor from full responsibility for performance Of his obliga- tions hereunder. C-5 RT HOLZMACHER, McLENDON 6 MURK" P.C. / H2M CORP. CONSULTING ENGINEER• AND ENVIRONMCNTAL SCIENTISTS CONTRACT - CONT' 1). w - 9. CONTRACT SECURITY 4 (a) 'Phe Contractor shall furnish a Performance Bond in an amount equal to one hundred percent ( 100` ) of the total. contract price as security for the faithful performance of this contract , and for the payment of all persons performing labor or furnishing mater- ials in connection with this Contract . (b) Additional or Substitute Bond : If, at any time, the Town shall be or become dissatisfied with any surety or sureties, then upon the Performance Bond, or if , for any other reason , such bond shall cease to be adequate security to the Town , the Contractor shall , within five (5) days after notice from the Town, substitute an acceptable bond in such form and sum, and signed by such other surety as may be satisfactory to the Town . The premiums on such bonds shall be paid by the Contractor. No further payments shall be deemed due, nor shall be made until the new surety shall have been qualified. (c) Prior to release of the Performance Bond, the Contractor shall deliver . to the Town a Maintenance Bond equal to one hundred percent (100%) of the total Contract price, including all extras. This Maintenance Bond shall remain in full force and effect for a period of one (1 ) year after the date of the final certificate and such bond , which shall be executed by the Contractor and issued by a reliable , solvent surety company authorized to do business inthe State of New York shall guarantee to the Town that the Contractor shall promptly remedy any defects or faults that may occur within twelve (12) months after completion and acceptance of the work performed by the Contractor pursuant to this Contract. z 10. CONTRACTOR'S INSURANCE The Contractor shall not commence any work until he has obtained and had approved by the Town all of the insurance required under this Contract , as enumerated herein : Compensation Insurance -Public Liability and Property Damage Insurance Contractor's Protective Liability and Property Damage Insurance Owner's (Town of Southold) and Engineer's Pro- tective Public Liability and Property Damage Insurance Automobile Public Liability and Property Damage Insurance C-6 HOUMACHER. MCLENDON 6 MURK" P.C. / H2M CORP. CONlULTINO ENGINEERS ANO ENVIRONMENTAL SCIENTIST! CON'rRACT - CONT' D. The Contractor shall not permit any subcontractor to commence any operation on the site until satisfactory proof of carriage of the above required insurance has been posted with, and approved by, the Town. (a) Compensation Insurance: The Contractor shall take out and maintain, during the life of this Contract , Workmen's Compensation Insurance for all of his employees employed at the site of the pro- ject , and in any case of any of the work being sublet, the Contractor shall require the subcontractor similarly to provide Workmen's Com- pensation Insurance for all of the latter's employees, unless such employees are covered by the protection afforded by the Contractor. (b) Public Liability and Property Damage Insurance: The Con- tractor shall take out and maintain during the life of this Contract such Public Liability and Property Damage Insurance as shall pro- tect him and any subcontractor performing work covered by this Contract for 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 , whether such opera- tions be by himself or by any subcontractor, or by anyone directly or indirectly employed by either of them, and the amounts of such insurance shall be as follows: Public Liability Insurance in the amount not less Man Five Hundred Thousand Dollars ($500,000. ) for bodily injuries, including wrongful death to any ones person, and subject to the same limit for each person in an amount not less than One Million Dollars ($1,000,000. ) on account of one accident. Property Damage Insurance in an amount not less than One Hundred Thousand Dollars ($500,000. ) for damages on account of any one accident and in an amount of not less than Two Hundred Thousand Dollars ($1 ,000,000. ) for damages on account of all accidents. (c) Liability and Property Damage Insurance: The above policies for public liability and property damage insurance must be so written as to include Contractor 's Protective Liability and Property Damage Insurance to protect the Contractor against claims arising from the operations of any subcontractor. C-7 HOLZMACHER, MCLENDON 6 MURRELL, P.C. / H2M CORP. COMULTINO ENOINEEAG AND ENVIRONMENTAL SCIOITIM CONTRACT - CONT'D. F (d) Owner' s and/or Engineers Protective Public Liability and Property Damage Insurance: (Town and/or Town Board, Town of Southold and/or t;olzmacher, McLendon & Murrell, P.C. ) The Con- tractor shall furnish to the Town with respect to the operations he or any of his subcontractors perform, a regular Protective Public Liability Insurance Policy for and in behalf of the Town and/or Town Board, Town of Southold and/or Holzmacher, McLendon & Murrell, P.C. , providing for a limit of not less than $500,000. for all damages arising out of bodily injuries to, or death of one person and subject to that limit for each person, a total limit of $1,000,000. for all damages arising out of bodily inju- ries to, or death of, two or more persons in any one accident ; and regular Protective Property Damage Insurance providing for a limit of not less than $500,000. for all damages arising out of injury to, or destruction of, property in any one accident and subject to that limit per accident a total (or aggregate) limit of $1 , 000,000. for all damages arising out of injury to, or des- truction of property during the policy period. The insurance must fully cover the legal liability of the Town and/or Town Board , Town of Southold as owner and/or Holzmacher, McLendon & Murrell, P.C. The coverage provided under this policy must not be affected if the Town and/or Engineer performs work in connection with the project ` either for, or in cooperation with, the Contractor or as an aid there- to, whether the same be a part of the Contract or separate there- from, by means of its own employees or agents, or if the Town and/or Engineer directs or supervises the work to be performed by the Contractor. , (e) Automobile Public Liability and Property Damage Insurance: The Contractor shall take"-out and maintain during the life of the Contract such automobile public liability and property damage insurance as shall protect him and any subcontractor performing work covered by this contract 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 Con- tract, whether such operations be by himself or by any subcontractor, or by anyone directly or indirectly employed by either of them and the amounts of such insurance shall be as follows: C-8 HOLZMACHER. McLENDON & MURRELL, P.C. / H2M CORP. CONSULTING ENGINEERS ANO ENVIRONMENTAL SCIENTISTS CONITAC'1 - CONT' D. Automobile Public Liability Insurance in an amount not less than Five hundred Thousand Dollars ($500,000. ) for bodily injuries , including wrongful death by any one person, and subject to the same limit for each person in an amount not less than One Million Dollars ($111000,000. ) on account of one accident. Automobile Property Damage Insurance in an amount of not less than One Hundred Thousand Dollars ($100,000. ) for damages on account of any one accident and in an amount of not less than Two Hundred Thousand Dollars ($200,000. ) for damages. on account of all accidents. 11 . PROOF OF CARRIAGE OF INSURANCE The Contractor shall furnish the Town with certificates of each insurer insuring the Contractor or any subcontractor under this Contract , except with respect to subdivision (d) of ' Paragraph 10. In respect to this paragraph, the Contractor shall furnish the Town with the original insurance policy and a copy to the Engineer. Both certificates, as furnished, and the insurance policy, as required, shall bear the policy numbers, the expiration date of the policy and the limit or limits of liability thereunder. Both the certificates and the policy shall be further endorsed to provide the Town and Engineer with any notice of cancellation at least five (5) days prior to the actual date of such cancellation. s C-9 HOIZMACHER, MCIENDON 6 MURRELL. P.C. / H2M CORP. CONSULnNO ENGINEERS AND ENVIRONMOJTAL SCIENTIM CONTRACT - CONT" D. 12. COMPLIANCE WITH LABOR AND PENAL 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 Laws, as amended, provide 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 con- templated by this Contract , shall be permitted or required to work more than eight (8) hours in any one 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, except in such emergency; that the wages to be paid for a legal day's work as hereinbefore defined, to laborers, workmen, or mechanics upon the work called for under this Con- tract , or for any materials 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 outside the limits of cities and villages are no longer exempt from the pro- visions of the Labor Law which required the payment of the pre- vailing rate of wages and the eight (8) hour day. Section 222 of the Labor Law, as amended by Chapters 556 and 557 of the Laws of 1933, provides that preference in employ- ment 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 satis- factory 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 Con- tractor 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 (30) days nor more than ninety (90) days, or both fine and imprisonment . C-10 H=MACHER. McLENDON 6 MURRELL. r.C. / H2M carr. CON3ULnNO EP401HELRS AND ENVIRONMENTAL IICIENTIM CONTRACT - CONT' D. Section 220A of the Labor Law, as amended by Chapter 972 of the Laws of 1932, provides that beforepayment isomade by e or on behalf of the State or any City, y, or other civil division of the State, of any sums due on account of a contract for a public improvement , it 3s the duty of the Comptroller or. the financial officer of the Municipal Corporation to require the Contractor and each and every sub- contractor to file a certified statement in writing, in satis- factory 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 Contract , 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 payment to any Contractor or subcontractor to the extent of the amount or 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 other reason, it may be deemed advisable, the Comptroller of the State or other financial officer of the Municipal Corporation may deduct from the whole amount of any payment on account thereof the sum or sums admitted by any Contractor or subcontractor in such statement or statements so filed to be due and owing by him on account of labor per- formed 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 Con- tractor 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, recon- struction, maintenance and/or repair of highways to which the State, County, Town and/or Village is a party shall contain the provision stating the minimum rate of hourly wage that can be 6 paid, as shall be designated by the Industrial Commissioner, 2 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 C-11 HOLZMACHER. McLENDON 6 MURRELL. P.C. / H2M CORP. CONSULTING ENGINELA4 AND ENVIRONMENTAL MENTISTS CONTRACT' - CONT'D. 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 by both 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 or 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 Com- missioner, State of New York, for this Contract , are as set forth in the Information for Bidders. Section 1918 of the Penal Law, as amended, provides that 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 of such street, highway or public place, or in the case of a proposed discharge 4f explosives within a radius of two hundred feet of such discharge, any pipe of any person, corporation or municipality conveying combustible gas, and if 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 disharge explosives to protect a person or persons from an immediate and substantial danger of death or serious personal in- jury if such notices are given before any such discharge is under- taken. Any such work shall be performed in such manner as to avoid damage to pipe conveying combustible gas. Any violation of the provisions of this Section shall be a misdemeanor. • C-12 HOLZMACHER, MGLENDON & MURRELL. P.C. / H2M CORP. CON3ULTINa ENGINEERS AND ENVIRONMENTAL SCIENTIM CONTRACT - CONT" 1). 13. QUALIFICATIONS FOR EMPLOYMENT No person under the age of sixteen (16) years , and no person currently serving sentence in a penal or correctional institution shall be employed to perform any work on the project under this Contract . No person whose age or physical condition is such the to make his employment dangerous to his health or safety , health and safety of others, shall be employed to perform any work on this project ; provided , however, that such restriction shall not operate against the employment of physically handi- capped persons, otherwise employable, where each person may be safely assigned to work which they can ably perform. 14. NON-DISCRIMINATION There shall be no discrimination because of race, creed or color in the employment of persons for work under this Contract , whether performed by the Contractor or any subcontractor. Neither shall the Contractor or any subcontractor discriminate in any manner against intimidate employee hired for tperform- ance of work under thisContract onaccoutttofrace, creed wokor color. There may be deducted from the amount payable to the Con- tractor by the Town 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 pa)ragraph; ,•provided that for a second or any subsequent violation of the terms of this paragraph, this Con- tract may be canceled or terminated by the Town and all monies due or to become due hereunder may be forfeited. 15. PAYMENT OF EMPLOYEES The Contractor and each of his subcontractors shall pay each of his employees engaged in work on this project tinder this Contract in full ( less deductions made mandatory by law) in cash and not less often than once each week. C-1.3 HOLZMACHER, MCLENDON&MURRELL,P.C. WNWLTM/O EMON1[EM.EMVMgNYEMTK EdEMMTf.n/ I,ANNEM CONTRACT - CONT' D. 16. ESTIMATES AND PAYMENTS (a) Monthly: At the end of each calendar month during the progress of the work, the Engineer shall make up an approximate estimate of the work done and the materials furnished, based upon the prices set forth in the Proposal. In consideration of the work done and the materials furnished, the Town will pay or cause to be paid to the Contractor the amount estimated by the Engineer as due him less a sum equal to five percent (595) of such amount and less such additional amount as may be necessary to satisfy any claims, liens or judgments against the Contractor which have not been suitably discharged. The making of any such estimate or payment made thereon shall not be taken or construed as an acceptance by the Engineer or the Town of any work so estimated and paid for. The amount of the monthly estimate remaining unpaid will be retained by the Town as a guarantee that the Contractor will faithfully and completely fulfill all obligations imposed by the Contract and Specifications, and against any damages incurred by the Town by reason of any failure on the part of the Contractor to fulfill all conditions and obligations herein contained. All partial payments are subject to correction in any subse- quent payment. The retained amounts shall be paid as set forth in 16b. The Contractor shall receive payment within ten (10) days after the Town receives payment from the New York State Department of Transportation. j (b) Final Certificate: Thirty (30) days after the Contractor shall have substantially completed the work required of it under the Contract, the Engineer will prepare a final certificate of the remaining amount of the Contract balance less a sum equal to two (2) times the value of any remaining items to be completed and less an amount necessary to satisfy any claims, liens or .judgments against the items of work are satisfactorily completed or corrected, the Town shall promptly pay, upon receipt of a requisition for these items less an amount necessary to satisfy any claims, liens or judgments against the Contractor which have not been suitably discharged. Any claims, liens and judgments referred to in this section shall pertain to the project and shall be filed in accordance with the terms of the applicable Contract and/or applicable laws. The Contractor shall receive payment within ten (10) days after the Town receives payment from the New York State Department of Transpor- tation. (c) In order to secure the performance of the convenant of the Contractor, prior to release of the Performance Bond, the Contractor shall deliver to the Town a Maintenance Bond equal to one hundred percent (100X) of the total Contract price, including all extras. This Maintenance Bond shall remain in full force and effect for a period of one (1) year after the date of the final certificate and such bond, which shall be executed s by the Contractor and issued by a reliable, solvent surety company authorized to do business in the State of New York shall guarantee to the 8 Town that the Contractor shall promptly remedy any defects or faults that 2 may occur within twelve (12) months after completion and acceptance of the work performed by the Contractor pursuant to this Contract. C-14 HOLZMACHER, MGLENOON 6 MURRELL. P.C. / H2M CORP. CON3ULTINQ ENGINMA ANO ENVIRONMENTAL BCIENTIM CONTRACT - CONT' D. (d) Measurements for Payment : The Engineer shall make due measurement of the work done during the progress of the work and his estimate shall be final and conclusive evidence of the amounts of work performed by the Contractor under, and by virtue of , this agreement , and shall be taken as the full measure of compensation to be received by the Contractor. When requested by the Contractor, the Engineer shall measure, re-measure or re-estimate any portion of the work ; but the expense of such re-measurement or re-estimating shall , unless material error be proved , be paid for by the Contractor. 17. 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 Town from all claims and all liabilities to the Contractor for all things done or furnished in connection with this work and for every act and neglect of the Town and other relating to, or arising out of , this work, excepting the Contractor 's claims for interest upon the final payment , if this payments be improperly delayed. No payment , however, final or otherwise, shall operate to release the Contractor or his sureties from any obligations under this Contract or the Performance Bond. 18. CONSTRUCTION REPORTS The Contractor shall- submit to the Engineer prior to the commencing of any work under this Contract a detailed schedule and plan of operation, indicating the manner in which the Contractor proposes to prosecute the work, and a time schedule therefore. 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 Contractor shall furnish the Engineer with periodic esti- mates for partial payments as required elsewhere in the Contract documents and, in addition thereto, will furnish the Engineer with a detailed estimate for final payment . Prior to being eligible to receive 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 other than the Town as may be required by such existing laws or regulations . C-15 HOLZMACHER, McLENDON & MURRELL. P.C. / H2M CORP. CONSULTING ENOINEEAS AND CNVIIIONMCNTAL SCIENTIM CONTRACT - CONV D. 19. INSPECTION AND TESTS All material and workmanship shall be subject to inspection, examination and test by the Engineer and other representatives of the Town at any time during the construction and at any and all places where manufacturing of materials used and/or construct- tion is carried on. Without additional charge, the Contractor shall furnish promptly all reasonable facilities , labor and materials neces- sary to make tests so required safe and convenient . If, at any time, before final acceptance of the entire work, the Engineer considers necessary or advisable an examin- ation 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 expenses of or 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 examin- ation and reconstruction in the manner herein provided for the payment of costs of extra work. The selection of laboratories- and/or agencies for the in- spection and tests of supplies, materials or equipment shall be subject to the approval of the Engineer. Satisfactory documen- tary evidence that the material has passed the required inspec- tion and test must be furnished the Engineer prior to the incor- poration of the material in the work. Any rejected work skull be removed from the site of the project completely at the expense of the Contractor. C-16 NOLZMACNER, MGLENDON d MURRELL. P.C. / N2M CORP. CONSULTING ENGINEER$ ANO ENVIRONMENTAL SCIENTISTS CONTRACT - CONV D. t 20. 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 on the Plans shall have the same effect .as if shown or mentioned respectively in both. In case of any conflict or inconsistency between the Plans and Specifications , the Plans shall govern. Any discrepancy between the figures and specifications shall be submitted to the Engineer, whose decision therein shall be conclusive. 21. SUBSURFACE CONDITIONS FOUND DIFFERENT Should the Contractor encounter subsurface conditions at the site materially differing from those shown on the Plans or indi- cated 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. r 22. CONTRACTOR'S TITLE TO MATERIALS No material or supplies for the work shall be purchased by the Contractor or by 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. 23. SUPERINTENDENCE BY CONTRACTOR At the site of the work the Contractor shall employ a Con- struction Superintendent or foreman who shall have full authority to act for the Contractor. It is understood that such represen- tative 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. C-17 ►{OUMACHER, MCLENDON 6 MURRELI. F.C. / H2M CORP. CONTRACT CONT' D CONSULTING E7Ia1NELRlt ANO ENVIRONMENTAL SCIENTISTS - . 24 . PROTECTION OF WORK PERSONS AND PROPERTY Precaution shall be exercised at all times for the proper protection of all persons , property and work. The safety pro- visions of applicable laws , building and construction codes shall be observed. Machinery equipment and all hazarshallbe guarded or eliminated in accordance with the safety provisions i P of the Manual of Accident Prevention in Constructlto, the extent shed by the Associated General Contractors of America , that such provisions are not in contravention of applicable law. The Contractor shall furnish entirely at his own expense any yornd the Town all additional safety measures deemed necessary by its Engineer to adequately safeguard the traveling public . The Contractor shall give notice to the owners of all utilities which may serve the area and request their assistance in pre- determining the location and depth of the various pipes , conducts , manholes and other underground facilities . The Contractor shall, at all hours of the day , safely work and adjacent property frlossn guard and protect his own or damage and shall replace or make good any such damage, _ injury unless such be caused directly Townborerrors dulynauthori.zed tained in the Contract documents , or by representatives . The Contractor shall provide and maintain such watchmen, barriers , lights , flares and other signals , at his own expense, as will effectively prevent any accident in consequence of his work for which the Town might be liable.age The Contrhisactor shall be liable for all injury or or neglect, or that of his employees: 25. PATENT RIGHTS As part of his obligation hereunder and without any ad- ditional 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 Town for any loss on or account of any infringement opatent procesrights , s or unless tlof to his use in the work of a particular a particular manufacturer, he notifies the Town in writing that such process or product is an infringement of a patent. C-18 HOLZMACHER, MCLFNOON 6 MURRELL. F.C. / H2M CORP. CONSULTING ENOINEERG AND ENVIRONMENTAL OCIENTINIT>f CONTRACT - CONT' D. 26. REPRESENTATIONS OF CONTRACTOR The Contractor represents and warrants : (a) That he is financially solvent and that he is experienced in and competent to perfrom 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 Laws , 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 it is intended and that such construc- tion 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 investigation he has satisfied himself as to the nature and location of the work, the character, location, quality and quantity of surface and sub- surface materials , structures and utilitiesher likely es neededefencor thetered, the character of equipment, an performance of the work, the general local conditions which may in any way affect the work or its performance. 27. 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 all 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 d her questions in connection with the work. Upon request , the Engineer shall confirm in writing any oral orders , directions , requirements or determinations . The enumeratioi herein or elsewhere in the contract documents of particular instances in which the opinion, judgment, 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 so performed, but without exception all the work shall be governed and so performed. C-19 t Jou HOLZMACHER, McLENDON&MURRELL,P.C. ■ ILJn CONSULTING ENOINEEf6.ENVI"MENTAL 8CIENTMTS.doLANNENB CONTRACT - CONT'D 1 28. SURVEYS The Engineer will furnish the Contractor with the benchmarks necessary to complete the work._ All further layout of lines and grades will be the responsibility of the Contractor. 29. CHANGES AND ALTERATIONS The Town reserves the right to make alterations in the location, line, grade, plans, form or dimensions of the work, or any part thereof, either before or after the commencement of the 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, 30. CORRECTION OF WORK All work and all materials, whether incorporated into the work or not, all processes of manufacture and all methods of con- struction shall be, at all times and places, subject to the in- spection 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. Rejected materials shall im- mediately be removed from the site. 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 judgment of the Engineer, shall be equitable. The Contractor expressly warrants that his work shall be 6 free from any defects in materials or workmanship, and agrees 2 to correct any defects, settlements, or shrinkages which may appear within one year following the date of the final certi- ficate. Neither the acceptance of the completed work nor SOHT C-20 81-01 HOLZMACHER, McLENDON 6 MURRELL. F.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT I D. r operate to release the Contractor or his payment therefor shall sureties from any obligations under or upon this Contract or the Performance Bond. 31. WEATHER CONDITIONS In the event of temporary suspension of the 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 materials shall have been damaged or injured by reason of the failure on the part of the Contractor or any of his hallobe removedect andhis , or replacedhatrtheT.expense ofk, such the and the materialsrials shall s Contractor. • 32. THE TOWN' S RIGHT TO WITHHOLD PAYMENTS The Town may withhold from the Contractor so much of any approved payments due him as may , in the judgment of the Town, 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 ,Town from loss. due to defec- tive work not remedied, or (c) To protect the Town 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 Town shall have the right, as agent for the Contractor, to apply any such amounts so withheld in such manner as the Town may deem proper to satisfy such claims or to secure such protection. Such application of such money shall be deemed payments for the account of the Contractor. C-21 HOLZMACHER, McLENDON 6 MURRELL. P.C. / H2M CORP. CON3ULTINO ENOINEEAs AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT' 1) • 33. THE TOWN 'S RTG11T TO STOP WORK OR TERMINATE CONTRACT: IF, (a) The Contractor shall. be adjudged bankrupt or make an assignment for the benefit of creditors , or (b) A receiver or liquidator shall be appointed for the Contractor for any of his property and shall not be dismissed within 20 days after such appointment , or the proceedings in connection therewith shall not be stayed on appeal within the said 20 days , or (c) The Contractor shall refuse or fail , after notice or warning from the Engineer , to supply enough properly skilled workmen or proper materials, or (d) The Contractor shall refuse or fail to prosecute the work or any part thereof with such diligence as will insure its completion within the period herein specified (or any duly authorized extension thereof) or shall fail to complete the work within said period , or (e) The Contractor shallfail to make prompt payment 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 provision of this Contract , then, and in any such event , the Town, without prejudice to any other rights or remedy it may have, may by seven (7) days notice to the Contractor, terminate the employ- ment of the Contractor and'=his rights to proceed either as to the entire work or (at the option of the Town) 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 Town may deem expedient . In such case, the Contractor shall 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. M C-22 Mi"O"MIrMn, MVunvury a MUnntll., r.V. / "dM LA-Mr. CONlULTINO ENOINELA• AND ENVIRONMENTAL SCIENTIM CONTRACT - CONT' D. If such expense shall exceed the unpaid balance, the Contractor and his sureties shall be liable to the Town for such excess . If the right of the Contractor to proceed with the work is so terminated, the Town 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 Town does not so terminate the right of the Contractor to proceed, the Contractor shall continue the work. 34. CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT If the work shall be stopped by order of the Court or any other public authority, for a period of three months without act or fault of the Contractor or of any of his agents , servants , em- ployees or subcontractors , the Contractor , may, upon ten (10) days notice to . the Town, discontinue his performance of the work and/or terminate the Contract , in which event the liability of the Town to the Contractor shall be determined as provided in the paragraphs immediately preceding, except that the Contractor shall not be obligated to pay to the Town any excess of the expense of completing the work over the unpaid balance of the compensation to be paid to the Contractor hereunder. 35. RESPONSIBILITY OF WORK z The Contractor agrees to be responsible for the entire work embraced in this Contract unt*1 its completion and final acceptance, and that any unfaithful or imperfect work that may become damaged from any cause, either by act of commission or omission to properly guard and protect the work that may be dis- covered at any time before. the completion and acceptance shall be removed and replaced by good and satisfactory work without any charge to the Town 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 of any work by the Engineer at or before the time of a partial payment -or other estimate shall not be construed to be an acceptance of any defective work. C-23 HOLZMACHER, McLFNDON 6 MURRELL. P.C. / H2M CORP. CONSULTING ENOINEER4 AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT" D. 36. USES OF PREMISES AND REMOVAL OF DEBRIS The Contractor expressly undertakes at his own expense: (a) to take every precaution against injury to persons or damages to property ; (b) to store his apparatus , materials , supplies and equip- ment 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 ; or other contractors ; (c) to place upon any of the completed work only such super- imposed loads as are consistent with the safety of that portion of the work; (d) 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 and orderly and workmanlike appearance ; (e) before final certificate, to remove all surplus material, temporary structures , plants of any description and debris of any and every nature resulting from his operations and to put the site in a neat and orderly condition . 37 POWER OF THE CONTRAC'YOR TO ACT IN AN EMERGENCY In case of an emergency which. threatens loss or injury to property and/or safety to life, the Contractor will be permitted to act as he sees fit without previous instructions from the En- gineer. He shall notify the Engineer thereof immediately there- after 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 in- structed by the Engineer. The amount of reimbursement claimed t by the Contractor on account of any such action shall be determined in the manner provided herein for the payment of extra work. HULLMACHLK. McLLnLK)V 6 MUHHLLL, r.c. / H1M LAmr. COHJULTINO ENOINELAS AND ENVIRONMOT/TAL SCIENTIST! CONTRACT - CONT' 1). 38. SUITS AT LAW The Contractor shall indemnify and save harmless the Town from and against all suits , claims , demands or actions for any injury sustained or alleged to be sustained by any party or parties in connection with the construction of the work or any part thereof , or any commission or omission of the Contractor, his employees or agents or any subcontractors and in case any such action shall be brought against the Town, the Contractor shall immediately take care of and defend the same at his own cost and expense. 39. 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 be read and 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 forthwith be physically amended to make such insertion. 40. 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 obtain- ing the written consent of the Town. This Contract shall endure to the benefit of and shall be binding upon the parties hereunder and upon their respective successors and assigns, but neither party shall assign or transfer his interest herein in whole or in part without consent of the other. 41. WAIVER OF IMMUNITY If any person, corporation, or body contracting with the Town , who when called before a grand jury , head of a city department , or other agency, which is empowered to compel the attendance of wit- ness and examine them under oath, to testify in an investigation concerning any transaction or contract had with the state, any polit- ical subdivision thereof , a public authority or with any public department , agency or official of the state or of any political sub- division thereof or of a public authority, refuses to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant question concerning such transaction or contract , then C-25 CONOULTINO ENOINEEA• ANO ENVIRONMENTAL SCIENTISTS CONTRACT - CONT" 1). (a) such person, and any firm, partnership or corporation of which lie is a member, partner, director or officer shall be disqual- ified from thereafter selling to or submitting bids to or receiving awards from or entering into any contracts with any municipal corp- oration or fire district , or any public department , agency or official thereof, for goods , work or services , for a period of five years after such refusal (b) any and all contracts made with the Town or any agency or official thereof, 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 Town 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, v C-26 HOLLMACHGN, MCLLNWN & MUNHtLL, r-t:. / "em wnr. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT' D. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. TOWN OF SOUTHOLD BY : (TOWN SEAL) William R. Pell III , Supervisor (SEAL) Contractor BY : TITLE: STATE OF NEW YORK ) ) ss: COUNTY OF SUFFOLK ) On the day of_ 19 , before me personally came William R. Pell III , to me known, who being by me duly sworn, did depose and say that he is the duly elected Supervisor of the Town of Southold, County of Suffolk, New York , and that at a meeting of the r Town Board of the Town of Southold, duly held on the day of 19 , the said Board, authorized the said Super- visor to execute all and any contracts on behalf of the Board; that he knows the seal of the said Town, that the Seal affixed to the foregoing instrument is its corporate seal ; that it was affixed thereto by order of the said Board , and that he signed his name thereto and executed the said instrument on behalf of the said Town by like order and authority . T NOTARY PUBLIC C-27 11\A.41\.'\VIItI\t NtVi1\W1t1 .i .w vt\t\►►►. . .V. / tt�.\\ w.\t CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT'D. +I ACKNOWLEDGMENT OF CONTRACTOR, IF A CORPORATION STATE OF NEW YORK) ) SS: COUNTY OF ) On this day of 19 before me personally came and appeared to me known, who by me being duly sworn, did depose and say that he resides at that he is the of the Corporation described in and which executed the foregoing in- strument , that he knows the seal of said corporation, that one of x the seals affixed to said instrument is such seal , that it was so �. affixed by order of the Directors of said corporation, and that he signed his name thereto by like order. NOTARY PUBLIC ACKNOWLEDGMENT OF CONTRACTOR IF A PARTNERSHIP STATE OF NEW YORK) SS: COUNTY OF ) On this day of 19 before me personally came and appeared to me known, and known to me to be one of the members of the firm of , described in and who executed the foregoing instrument , and he acknowledged to me that he ex- ecuted the same as and for the act and deed of said form. NOTARY PUBLIC C-28 w i i I i► IHZ*tHOLZMACHER,McLENDON andMURRELL,P.C. Consulting Engineers. Environmental Scientists and Planners MOlvllIe.N.Y. Farmingdale.N.Y. Warhead.N.V. TOWN OF SOUTHOLD SUFFOLK COUNTY NEW YORK CONTRACT AND SPECIFICATIONS FOR RESURFACING OF SOUND AVENUE AT THE WESTERN TOWN LIMIT PROJECT NO. SOHT 81-01 TOWN BOARD Supervisor 4 William R. Pell III Councilmen Larry W. Murdock John J. Nickles Francis T. Murphy Joseph L. Townsend, Jr. Justice Raymond W. Edwards, Jr. SUPT. OF HIGHWAYS TOWN CLERK f Raymond C. Dean Judith T. Terry A SEPTEMBER 1982 HOLZMACHER,McLENDON andMURRELL,P.C. Consulting Engineers. Environmental Scientists and Planners Melville,N.Y. Farmingdale.N.Y. Rverhead.N.Y. I"` j..JO�CePACHER, McLENDON&MURRELL,P.C. ■■ ''L coNsuliilNa ENGINEERS.ENVIRONMENTAL SGENTISTS-d PLANNERS ADDENDUM NO. 1 SORT 81-01 v TOWN OF SOUTHOLD N RESURFACING OF SOUND AVENUE r ts} Cs AT WESTERN TOWN LIMIT L, 4- September 23 , 1982 The following changes have been made to the contract drawings: SHEET 20F3 At station 2+00,proposed grade at southern edge of Sound Avenue is shown as (51. 02) . Delete 51. 02 and replace with 57. 02. SHEET 20F3 At station 6+00 , existing grade at northern edge of Sound Avenue is shown as (57. 30) . Delete 57 . 30 and replace with 56. 89. A-1 (10F1) AL OARCHER, MOLENDON 6 MURRELL,P.C. CpM11TIN0 ENOINEEM.ENWIIONNENTM ECIEMTNTE.nO KANNEIq � INDEX 1 TOWN OF SOUTHOLD RESURFACING OF SOUND AVENUE AT THE WESTERN TOWN LIMIT PROJECT NO. SOHT 81-01 PAGE NO. INDEX I - 1 page NOTICE TO BIDDERS NB - 1 page INFORMATION FOR BIDDERS IB - 12 pages PROPOSAL P-A through P-D GENERAL CONDITIONS GC - 6 pages ' ITEM SECTION PAGE NO. NO. SECTION CODE NO. -- 0 General Specifications GS (11 pages) 1 5 5 Pavement Restoration & Replacement PRR (4 pages) 12 10 10 Maintenance & Protection of Traffic MPT (6 pages) 16 11 11 Tack Coat TC (2 pages) 22 12 12 Thermoplastic Pavement PM (5 pages) 24 Markings 14 14 Additional Excavation & Backfill AE&B (3 pages) 29 51 TL 51 TL Asphalt Concrete Truing &Leveling ACTL (1 page) 32 51 FZ 51 FZ Asphalt Concrete Type ,.� 1A (Top Course) ACTC (1 page) 33 INDEMNI.TYr LIMITATION OF LIABILITY ILL - 1 a -- ( page) r CONTRACT ge C - (28 pages) -- I-1 I-t2A HOLZMACHER, McLENDON 6 MURRELL,P.C. OOWMTW06WW=M.9WW MWWAI WOWMn.a KAMMEM NOTICE TO BIDDERS I NOTICE IS HEREBY GIVEN that SEALED BIDS will be received by the Town Clerk of the Town of Southold at the Town Hall, Main Road, Southold, New York, until 11:00 A.M . , prevailing time, on Thursday, September 30, 1982 at which time and place they will be publicly opened and read for the following contract: RESURFACING OF SOUND AVENUE AT THE WESTERN TOWN LIMIT Plans .and specifications may be obtained at the Town Hall and offices of the Consulting Engineers, HOLZMACHER, McLENDON & MURRELL, P.C. 209 West Main Street, Riverhead, New York, 11901, and Suite 140, 125 Baylis Road, Melville, New York, 11747, upon-' deposit of twenty-five ($25.00) for each set furnished. Deposits will be refunded to bidders who return the plans and spec- ifications within ten (10) days in good condition; other deposits will either be partially or not refunded if the Specifications have not been • returned in good condition within thirty (30) days after bids have been opened. ' Each Proposal must be accompanied by a certified check or bid bond in the amount of five percent (5%) of the total bid, made payable to William R. Pell, III, Supervisor, Town of Southold, as set forth in the Information to Bidders. The Town reserves the right to reject any or all bids, to waive any informalities and to accept such alternate bid which, in the opinion of the Town Board, will be in the best interests of the Town. BY ORDER OF THE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK JUDITH T. TERRY, TOWN CLERK TOWN OF SOUTHOLD t SOUTHOLD, NEW YORK 11971 DATED: SEPTEMBER 7, 1982 NB-1 HOLZMACHER, MCLENDON&MURRELL.P.C. COMWlTWQ f"MMOL g~044W WAI SCI OMSTS rd/LAHM M INFORMATION FOR BIDDERS I BIDS FOR PROJECT The Town of Southold Will receive SEALED PROPOSALS for Resurfacing of Sound Avenue at the Western Town Limit. TIME AND PLACE OF BID Bids are to be submitted in opaque envelopes and will be received by the Town of Southold at the Town Hall, Main Road, Southold, New York, not later than 11:00 A.M. , Prevailing Time, Thursday, September 30, 1982 , at which time and place they will be publicly opened and read aloud. Use of the mails shall be at the Bidder' s own risk, and the Bidder shall be responsible for physical delivery of the Bid at the time and place set for opening of Bids. BID ENVELOPE All proposals and either the certified check or bid bond must be placed in a sealed envelope bearing the Bidder' s firm name and address marked, "Project No. SOHT 81-01, Proposal for Resurfacing Sound Avenue at The Western Town Limit, Town of Southold, Suffolk County, New York" , but otherwise unmarked. If mailed, this envelope shall be placed in M another envelope addressed to Town Clerk Judith T. Terry, Town of Southold, Town Hall, Main Road, Southold, New York 11971. Use of the mails is at the Bidder' s risk. r IB-1 MULAMALMCN, MCLLMLUP/ 6 MUNMLL" r.LI. / "AM .,.w.r. CONSULTING CNGINELAS AND LNVIRONAIENTAL 6CIINTISYS INFORMATION FOR IIIDDERS (CONT-D. ) SPECIFICATION DEPOSITS (a) Deposits for specifications will be completely refunded to Bidders who return same in good condition within ten (10) days after r.,- eipt of bids. Bidders will receive one-half of the deposit amount fur specfications returned after ten (10) days and before thirty (30) days following the bid date. (b) Deposits for specifications will be completely refunded to non-bidders who return same in good condition within 48 hours of receipt of said specifications. Non-bidders will receive one-half the deposit amount for specifications returned in good condition within ten (10) days following the bid date. No deposit for specifica- tions will be refunded to non-bidders after ten (10) days following the bid date. IB-2 JF �W HOLZMACHER, McLENDON&MURRELL.P.C. COMXTWQ 1#sW QM.ENVINDMA AL/dEWOM ase PLAWAM INFORMATION FOR BIDDERS (CONT' D. ) SPECIFICATIONS i Complete sets. of specifications for the inspection of prospective bidders will be found on file with the Town Clerk, Town of Southold, Town Hall, Main Road, Southold, New York, and at the office of Holzmacher, McLendon & Murrell, P.C. Consulting Engineers, 209 West Main Street, Riverhead, New York, or Suite 140, 125 Baylis Road, Melville, New York. All contractors must leave their names, phone numbers and correct mailing addresses upon receipt of the specifications. VERBAL ANSWERS The Town, its .agents, servants-'or employees, or the Engineer, will not be responsible in any manner for verbal answers to any in- quiries regarding the meaning of the contract specifications given prior to the awarding of the contract. EXAMINATION OF SITE Bidders must satisfy themselves by personal examination of the location of the proposed work and of the actual conditions and require- ments of the work, and shall not, at any time after the submission of a proposal, dispute or complain of' such estimate or assert there was any misunderstanding in regard to the scope of work. The Contractor shall inspect the site and existing conditions be- fore submitting his bid. PROPOSAL The Form of Proposal contained herein shall be used in making out bids. Any proposal not in accordance with these instructions, or con- taining bids not asked .for, may be rejected. t On those items in this contract for which there is a stated maximum and/or minimum allowable bid price, each bidder shall be responsible 7 for making sure that his bid falls within the stated limits. When the 2 price bid is lower than the minimum allowed, the bid price will be ad- justed upward to the minimum allowable price and when the price bid is higher than the maximum allowed, the bid price will be adjusted downward to the maximum. allowable price. SOHT IB-3 HWMACNER. McLFNDON & Mt1RRELL. F.C. / N2M CORP. C0N3ULnN0 ENGINUA0 AND CmVIMONM0/TAL OCI NTIIITS I N I:OIM TION FOR I) I IDL ICS (C()N1 ' I►. ,) ■ As the estrotates of (ivantities Of items stated in the proposal arc appro:: imatc only , biddc;rs are rctluired to sul�utit tile ' '- proposal upon and in the followi.119 express con►iitions , wtirh shall al►ply and become a part of every propusal received . liar" bidder shall fill out , in ink , in Ilot " words and figilres , in the sp:tc:es provided , hip unit or lump slim bid , as the ia"c ul:ty he , fur each item in said Dorm of I'ropos:rl for whish Ile is suhulit ing a hid. No bid will be considered which does nut include bids for all items in-tile lii�oposal ,� incliidi�c tic L•oI'-c:o iletion . If the bid is not accepted by the Town within fortv-five (,l5) days :ll ter the r'cccipt of bids , tite Obl igat ion of *t"e bidder under Otis proposal 'li=ly terminate at Itis option and Ice s"all t"cre- upocl be entitled to a refund of his ccrti f icd check or release of his bid bond furnished by him as security wit" Itis proposal . 1111) BONI) lilt CERT1I:II:1) (:III_CK Fact proposal from a contractor shall be ;l cuncpanic.l by a bid bond or certified check on a solvent hank of tics State of New fork , in the :unourct of five percent ( 5 ) of the total bid . Such check shall he made l�ay.7l�le to William R. Pell III , Supervisor, Town of Southold, New York, aced tice amount thereof shall he the measure of l icluidated damages which the Town will sustain by the failure , neglect or refusal. of the bidder to execute aittl deliver the contract , should the contract be awarded to I►im. Tile checks of all unst►ccessful bidders wi t t be returned upon the rejection of bids and the execution of' the contract by the parties ; also, tice check of the successful bidder will he returned upon tile; execution of the contract and the furnishing of the reciu i red bond . NAME: OF 1111)DER li:rct bidder must state .in Itis propusal , " is full pante and busi - ness address , and lite full name of every person , firm or corporation ` interested in the same , and t"e address of every person or firm or president and secretary of every corporation interested with him. If 111-4 f1lA,LMAWIG.1'L. rwGLL:nLAw� as IMVnnL %Ao" wnr. CONSULTIN0 LNQINELAs AHD [HV1110NM0dTAL SCIENTIM INFORMATION FOR BIDDER (CONT ' 1). ) no other person be so interested , lie must distinctly state that tact , also that his proposal is made without any connection directly or in- directly with any other bidder for the work particularly mentioned in his proposal ; that it is in all respects without fraud or collu:: ion, and that no person acting for or employed by the Town is directly or indirectly interested therein, or in the supplies of work to which it relates , or in any portion of the prospective profits thereof. QUALTFTCATIONS OF BIDDERS (l ) The Town reserves the right to waive any informalities in, or reject any and all bids . The Town reserves the right to re- ject any and all bids which do not conform to the proposals , or upon which the bidders do not comply with the requirements of the Town as to their qualifications . (2) All bidders must prove to the satisfaction of the Town that they are reputable , reliable and responsible , and tl►at they pos- sess the necessary qualifications to successfully deliver the proposed equipment , and that they have performed and completed successfully similar work to an extent which , in the opinion of the Town , will qualify them by experience to perform the work which is proposed. (3) In determining the qualifications of a bidder , the Town will consider his record in the performance of any contracts entered into by him for the work contemplkted or of similar nature,may make such investigation as it deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the Town all such information and data for this purpose as the Town may request. (4) The Town shall be the sole judge of the qualifications of the bidders and of the merits thereof and reserves the right to reject any bid if the record of the bidder in the performance of contracts , payment of bills and meeting of obligations to subcontractors , material - men or employees is not satisfactory to the Town , or if the evidence submitted by or the investigation of such bidders fails to s.►tisfy the Town that lie is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. GUARANTEE BOND The successful bidder shall be required to furnish at. the execu- tion of the contract an executed bond of a surety company authorized 1B- S HOLZMACHER. MCLENOON d MURMLLL. r.L. / "M wnr. CONWI.nm0 ENGINEERS AND EMvIA0NMENTAL &CIENTIITO INFORMATION FOR BIDDER (CONT. I)) to do bUSine5S in the State of New York and approved by the TO%vn in an amow�t equal to one hundred percent ( 10016) of the total .111101111t of the contract , I—zillteeing to the Town the faithful performance of the contract , aI►d payu►ent of .111 claims for materials , labor and wages in connection therewith . SIGNATURE OF CONTRACTOR The bidder to whom a contract may be awarded shall attend at the office of the Town , with the sureties offered by bin►, within ten (10) days ,s , Sunday excepted , after the date of notification by mail , of the acceptance of his proposal. , and there sign the contract in quadrunli cute for the work. In case of failure to do so, the bidder shall he considered as having abandoned the same , and the check accompanying his proposal shall be forfeited to the 'town , or the penalty of the bid bond shall be invoked. CON'TRACTOR'S INSURANCE • The contractor shall not commence any work ►►ntil he has obtained and had approved by the Town all of the insurance specified and required in the contract . WAJVER OF IDM UNITY Attention of the bidder is hereby directed to the requirements of the General Municipal Uaw of the State of New York and in particular to Section 103-a of the General Municipal Law regarding "Waiver of Immuili.ty" , as indicated on Page C-8 of the contract. RESPONSIBILITY FOR BIDDER _Attention is hereby particularly directed to the provisions of the contract wivereby the contractor will be responsible for any loss or damage that may happen to the material or any part thereof during its delivery ; and also whereby the contractor shall make good any defects or faults due to materials or workmanship within twelve (12) months after its delivery, placement , and acceptance. 111-G CONOUMNO EMORMAS AND [NV1110NM[NTAI &CI[NTIM INFORMATION FOR BIDDERS (CONT'D. ) In order to secure the performance of the covenant of the con- tractor, the Town shall retain the Guarantee Bond during the period of one (1) year from the date of the Engineer ' s final certificate. Work is required to be completed to the satisfaction of the Engineer and in :substantial accordance with the specifications hereunto annexed. TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK III-7 State of New York Bureau of Public Work Department of Labor A. . State Office Building Campus Albany, N.Y. 12240 116 -M-00- CONTRACT « aCONTRACT REQUIREMENTS Each public work contract to which the State,a public benefit corporation,a municipal corporation or a commission is a party and which may involve the employment of laborers,workmen or mechanics,shall comply with the requirements of Article 8 of the New York State Labor Law: 1. No laborer, workman or mechanic in the employ of the contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by the contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week except in the extraordinary emergencies set forth in the Labor Law or where a dispensation is granted by the Industrial Commissioner. (See Section 220.2) 2. Each laborer, workman or mechanic employed by the contractor or subcontractor shall be paid not less than the prevailing rate of wages at the time the work is performed,and shall be paid or provided not less than the prevailing supplements at the time the work is,performed, as determined by the fiscal officer. If the prevailing rate of wages or the prevailing supplements change after the prevailing rate schedule is issued,each workman,laborer or mechanic shall be paid or provided not less than the new rates. (See Section 220.3) 3. The contractor and every subcontractor shall post in a prominent and accessible place at the work site a statement of the current wage rates and supplements specified by the contract for the various classes of mechanics,workmen or laborers. (See Section 220.3-a) 4. Apprentices must be registered,individually,under a bona fide program registered with the New York State Department of Labor. The allowable ratio of apprentices to journeymen in any craft classifica- tion shall not be greater than the ratio permitted to the contractor as to his work force on any job under the registered program. Any employee who is not registered as above, shall be paid the pre- vailing wage rate for the classification of work he actually performed. The contractor or subcontrac- tor will be required to furnish written evidence of the registration of his program and apprentices as well as of the appropriate ratios and wage rates for the area of construction, prior to using any apprentices on the contract work. (See Section 220.3-e) 5. (a) No contractor, subcontractor, nor any person acting on his behalf,shall by reason of race,creed, color, sex or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates.(See Section 220-e (a) ) (b) No contractor, subcontractor, nor any person acting on his behalf shall,in any manner,discrimi- nate against or intimidate any employee on account of race,creed,color,sex or national origin. (See Section 220-e (b) ) NOTE: The Human Rights Law also prohibits discrimination in employment because of age,disability or marital status. (c) There may be deducted from the amount payable to the contractor under the contract a penalty of five dollars for each calendar day during which such person was discriminated against or intim- idated in violation of the provisions of the contract. (See Section 220-e(c) ) (d) The contract may be cancelled or terminated by the State or municipality,and all moneys due or to become due thereunder may be forfeited, for a second or any subsequent violation of the terms or condition of the anti-discrimination sections of the contract. (See Section 220-e (d) ) (e) These provisions shall be limited to operations performed within the State of New York. (See Section 220-e(e) ) PW-3 c8.90> I13-8 STATE OF NEW YORK DEPARTMENT OF LABOR BUREAU OF PUBLIC WORK STATE OFFICE BUILDING CAMPUS ALBANY, N. Y. 12240 Schedule Type-HVY / HWY 33 • Date 07/08/81 Refer to: PREVAILING RATE CASE NO. T/O Southold PRC 8102905 NAS/SUF O1 to: William H. Spitz Location and Type of Project Holzmacher, McLendon & Murrell Resurfacing of Sound Ave. 125 Baylis Road SOHT 81-01, T/O Southold Milville, NY Laurel , NY 11747 Suffolk County In response to your request, enclosed are schedules of the prevailing hourly wage rates and the prevailing hourly supplements for the above project, together with copies of the Notice of Contract Let (PW-16) for your use. The schedules must be annexed to and form a part of the specifications for this project when it is advertised for bids. These schedules have been prepared and forwarded in accordance with Section 220 of the Labor Law, which provides that it shall be the duty of the fiscal officer to ascertain and . determine the schedules of supplements to be provided and wages to be paid to workers, laborers and mechanics employed on public work projects, and to file such schedules with the department having jurisdiction. These wage rates and supplemental benefits are subject to change, and you will be periodically notified of such changes. The wage rates -and supplemental benefits to be paid and provided must be those prevailing at the time the work is being performed. Supplemental Benefits Legend used in the "other supplements" column of the Prevailing Rate Schedule: A. Health & Welfare ( includes hospital C. Supp. Unemployment Benefits I. Annuity Fund surgical or medical insurance or, D. Scholarship Fund J. Benefit Fund benefits, life insurance or death E. Paid Holidays K. Security Savings benefits, accidental death or dis- F. Education Fund ' memberment insurance). G. Vacation L. Holiday Pay B. -Pension H. Apprentice Training M. Other • Very truly yours, Nicholas Valentine, Jr. DIRECTOR WHEN ANY PROJECT IS COMPLETED OR CANCELLED, NOTIFY THE NEAREST DISTRICT OFFICE OF THE BUREAU OF PUBLIC WORK. (see addresses below) State Office Bldg. Campus, A l bany N. Y. 12240 65 Court St— Buffalo N. Y. 14202 155 Main Street West, Rochester N. Y. 14614 44 Hawley St. , Binghamton N. Y. 13901 175 Fulton Ave— Hempstead N. Y. 11550 333 East Washington St— Syracuse N. Y. 13202 207 Genesee St. , Utica N. Y. 13501 30 Glenn St. , White Plains N. Y. 10603 PW-200 (6-79) IB-9 PREVAILING RATE SCHEDULE State of New York Case Number Bureau of Department of Labor II102905 Public Work NASSAU AND SUFFOLK COUNTIES Prev- SUPPLEMENTAL BENEFIT PAYMENTS ailing OCCUPATIONS wage health basic and pen- suppl . other supplements hourly welfare Sion unemp. rate (A) (B) CC) (D) through CM) CORE DRILLER Core Dr i I I er 10. 605 1. 00 . 74 G- 19 Helper 9. 245 1. 00 . 74 G- 19 ELECTRICIAN Electrician 1S. 10 7%+. 3S 5 1/2% . 25 G&L- 8 1/2'/., H-5/8%, I-9'/., J-3% Appr. 1st term 6. 04 7%+. 3S S 1/2% . 2S G&L- 8 IRONWORKER Ironworker-Structural 12. 95 1. a6 2. 30 G-1. 85, H-. 11. I-2. 15 I. Appr. 1st term 7. 28 1. 86 2. 30 G-1. 85, H-. 11. I-2. 15 Rei nforci ng-(Lather) 13. S4 1. 325 . 98S D-. 02. G-. 7S, H-. 01, I-1. 10 Appr. 1st Term 3. 8S 1. 325 . 98S D-. 02, H-. O1 Ironworker-Ornamental 12. 62 1. 21 1. SS G-1. 00, H-. 10, I-2. 00 -Chain Link 12. 62 1. 21 1. SS G-1. 00, H-. 10, I-2. 00 Fence "Appr. 1st term 7. S7 1. 21 1. SS G-1. 00, H-. 10, I-2. 00 MASON Bricklayer 12. 49 1. 33 1. 93 H-. 03, I Appr. 1st term 6. 25 1. 33 1. 93 H-. 03. I-. SO PAINTER Pointer-Brush 10. 92 1. 04 1. 04 G-. 33, I-. 71 Scaffold/Spray 13. 26 1. 26 1. 26 G- 405, 1- 71 Appr. 1st term 6. 55 . 62 . 62 G-. 20, I-. 25 Nassau Co. (N of L. I. E. to Pt. Wash BI vd. , S. of Sunrise Hwy. E. to Long Beach Rd. ) ------------------------------ Pai nter-Brush 10. 82 1. 29 2. 30 G-, 70, H-. O5 Appr. 1st term 5. 41 1. 29 1. 15 G-. 35, H-. O5 Scaffold/Spray 12. 37 1. 29 2. 30 G-. 70, H-. O5 Nassau Co. Remainder of County ------------------------------ Painter-Steel -----------------------------Painter-Steel 14- 28 1. 86 2. 00 H- 07 Power Tool . Spray 15. 28 1. 99 2. 14 H- 08 Sandblaster(steel ) 15. 28 1. 99 2. 14 H-. 08 Appr. 1st term 7. 00 . 91 . 9a H-. 035 Nassau Co. -Entire County .............................. Painter Brush 12. 39 3. 22 1. 00 G-. SD, H-. 21 Steel /Bridge 15. 30 3. 22 1. 00 G-. 50, H-. 21 Spray 13. 88 3. 22 1. 00 G-. S0, H-. 21 Appr. 1st term 6. 42 1. 97 1. 00 G-. 25, H-. 21 Suffolk Co. PLUMBER Plumber 13. 65 1. 00 2. 0S G-1. 30. H-. 37, I-. 57 Appr. 1st term 5. 46 . 60 1. 31 G-. 70, H-. 24, I-. 29 Suffolk Co. ------------------------------ Plumber ----------------------------- Piumber 12. 75 1. 10 1. 54 G-1. 10, H-. 2S Appr. 1st term S. 10 . 44 . 616 G-. 44. H-. 10 Nassau Co. TEAMSTER Truck Driver Excavation 10. 12S 1. 6125 2. 8525 1- 40 Euclid 10. 52S 1. 6125 2. 852S 1-. 40 Other 9. 325 1. 612S 2. 50 WELDER Welder To be paid the rate of the mechanic performing the work OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY and BUILDING SCHEDULES Print 33 IB-10 PREVAILING RATE SCHEDULE State of New York Case Number Bureau of Department of Labor Public Work 8102905 r NASSAU AND SUFFOLK COUNTIES Prev- SUPPLEMENTAL BENEFIT PAYMENTS ai I i ng OCCUPATIONS wage health basic and pen- suppl . other supplements hourly welfare sion unemp. rate (A) (B) CC) CD) through (M) CARPENTER Carpenter (H/H) 13. 35 1. 85 1. 03 G-. 95, H-. O5, I-. 75 Helper 11. 15 1. 85 1. 03 G-. 95, H-. 05, I-. 75 Appr. 1st term 7. 34 1. 85 1. 03 G-. 95, H-. 05, I-. 75 Nassau Co. (South of So. State Pkwy. & West of Seaford Creek) ------------------------------ Carpenter (H/H) 13. 40 1. S0 1. 49 G-. 95, H-. 06 Appr. 1st term 6. 70 1. 50 1. 49 G-. 95, H-. 06 Nassau Co. Remainder of County ------------------------------ Carpenter(H/H) 13. 45 1. 33 1. 71 G-. 90, H-. 06 Appr. 1st term 6. 70 1. 33 1. 71 G-. 90, H-. 06 Suffolk Co. ------------------------------ Pi ledriver/Dockbui Ider 13. 25 1. 85 1. 03 G-1. 0I, H-. 0S, I-. 75 Appr. 1st term 7. 34 1. 85 1. 03 G-1. O1, H-. O5, I-. 75 ------------------------------ TI mberman 12. 31 1. 85 1- 03 G-. 95, H-. O5, I-. 75 Helper 10. 80 1. 8s 1: 03 G-. 95, H-. 05, I-. 75 ELECTRICIAN-HIGHWAY MAINTENANCE Applicable on traffic signals and street lighting only. Mai nt. Eleetri cian 12. 30 8/ 4 1/2'/. G & L-6 1/2%, I-7/ H-5/8'/•. J-3'/. Appr. 1st term 4. S7 8'/. 4 1/2'/. G & L-6 1/2'/., I-7'/• H-5/8'/., J-3'/. LABORER(HVY/HWY) • Laborer (H/H) Basic, Concrete, Jackhammer 8. 90 10 % 13 V. G-. 75 Pipelayer, Land- Scape, Trackman 8. 90 10 V. 13 V. G-. 75 Power Tool 8. 90 10 / 13 V. G-. 75 Asphalt Raker, Form Setter 9. 50 10 % 13 % G-. 75 Asphalt Shoveler and Tamper 9. 30 10 '/. 13 % G- 75 MASON Cement Fi ni sher 12. 60 2. 19 2. 02 H- 01 Appr. 1st term 6. 30 2. 19 2. 02 H- 01 SIGN ERECTOR Sign Erector 11. 70 . 82 1. 11 H-. 02, I-. 43 M-Emp S. S. STRIPER Striping Mach. Oper 9. 90 . 59 . 70 G-7/ Li merman 10. 40 . 62 . 72 G-7% TREE TRIMMING Tree Trimmer 8. 43 . 34 . 25 1st 6mo 5. 51 . 34 . 25 Groundman, Driver 1st 6mo 6. 07 . 34 . 25 Driver 2nd 6mo 6. 36 . 34 . 25 Driver after 1 yr. 6. 95 . 34 . 2S TREE REMOVAL & LANDSCAPING Landscape Laborer a. 90 10% 13% G-. 75 Mul chi ng Machine Oper. 11. 99S 9% of 2. 25 G-1. 00, H-. 15. M-. 10 rate+vac. Stump Chipper Mach. 10. 97 9% of 2. 25 G-1. 00, H-. 15, M-. 10 rate+vac. Truck Driver 9. 325 1. 612S 2. 50 WELL DRILLER We I I Dri 1 1 er 10. 55 8% 2. 25 G- 40 Helper 8. 55 8% 2. 25 G- 40 OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY SCHEDULES Print 33 IB-11 PREVAILING RATE SCIIEDULE State of New York Case Number Bureau of Department of Labor 8102905 Public Work NASSAU AND SUFFOLK COUNTIES Prev- SUPPLEMENTAL BENEFIT PAYMENTS ailing + OCCUPATIONS wage health basic and pen- suppl . other supplements hourly welfare sion unemp. rate (A) (B) (C) CD) through (M) SURVEY CREW (HIGHWAY & HEAVY) Party Chief 12. 16 . 90 . 70 Instrument Man 10. 21 . 90 . 70 F-. 05, G-. 70, I-1. 50 Rodman/Chaff nman 8. 91 . 90 . 70 F-. O5, G-. 70, I-1. 50 Survey Rates apply to those workmen employed on HIGHWAY and HEAVY contracts let on or after July 2, 1979 POWER EQUIPMENT OPERATOR (H/H) Asphalt Spreader 13. 18 9% of 2. 25 . 20 H-. 15, G-1. 00, M-. 10 Backhoe 13. 55 hourly Boring Machine 13. 12 rate + Bulldozer 12. 37 vac. Compressor-Single 11. 995 Compressor-2 or more In battery 12. 60 Concrete Pump 12. 64 Concrete Spreader 13. 18 Concrete Breaker 11. 28 Conveyor 12. 37 Crane 13. 18 Location, Effective Date and Dragiine 13. 55 Supplemental Benefit Payments Finishing Machine 12. 37 are the same for all Power Equipment Fireman 12. 37 Operators. Generator 12. 29 Grade-All Oper. 13. 55 Grader 12. 58S Front End Loader 12. 905 Ma i nt. Eng. 12. 37 Mulching Machine 11. 995 Oi 1 er 10. 97 Pi I edri ver 13. 55 Post Driver (Guard Rail ) 13. 12 Power Broom 11. 425 Pump (Under 4") 11. 995 Pump (Over 4") 12. 38 Ridge Cutter 11. 28 Roller - 5T & Under 12. 37 Roller - Over 5 Ton 12. 72 Scraper 12. 37 Shovel 13. 55 Stump Chipper 10. 97 Tractor-Caterpiller or Wheel 10. 755 Track Tamper 10. 97 Trenching Machines 13. 395 OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY SCHEDULES • Print 33 IB-1.2 HWMACHER, McIENOON 6 MURRELL P.C. / H2M CORP. CONSUITlt4a ENGINEERS ANO E"ItONMCWAL OC1ENTISTS r PROPOSAL - BIDDER'S DECLARATION TO THE TOWN BOARD of the TOWN OF SOUTHOLD, SUFFOLK COUNTY, STATE OF NEW YORK: BIDDER'S DECLARATION: The undersigned, as Bidder, declares that the only person or persons interested in this Bid or Proposal as principal or principals is or are gamed herein and that no other person than herein named has any interest in this Proposal or in the Contract proposed to be taken; ,that this Bid or Proposal is made without any connection with any other person or persons making a Bid or Proposal for the same purpose; the Bid or Proposal is in all respects without fraud or collusion, that he has examined the site of the work, the Form of Contract and Specifications, and the Drawings therein referred to, and has read the Notice to Bidders, Information for Bidders and General Conditions hereto attached and fully understands all the same; that he proposes and agrees, if this Proposal is accepted, that he will contract with the TOWN BOARD of the TOWN OF SOUTHOLD.. in the Form .of Contract accompanying this Bid, to perform all the work required in accordance with the Plans, and as mentioned in said Form of Contract, Specifications, Notice to 8iddders, Information for Bidders and General Conditions, and he w will accept in full payment , therefore, the following sums to wit: w 7/79 P-A RT MOLZMACNER, McLENDON&MURRELL,P.C. Fizwk"TWOcwowNEM.INVOM [MntMC"TNnMeRAN""$ PROPOSAL (CONT'D. ) RESURFACING OF SOUND AVENUE TOWN OF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK PROJECT NO. SOHT 81-01 BID DATE: SEPTEMBER 30, 1982 ITEM SA Remove temporary paving (by others) and replace with lh" binder course asphalt on 6" base course asphalt Approximately 210 squatrnelyDards Price per SY . w .k-4w. ($ Dollars i/� / � � TOTAL _ Z40.0--de f✓F^,u: Dollars ITEM SA (ALT) ** Remove temporary paving (by others) and replace with 1h" binder course asphalt on 6" base course asphalt Approximately 110 squarfiNyards Price per SY �✓�u� .�� :'�:^,':`� : (s 3 llars / 4t9• dU TOTAL . . . .G /��;�.�; Dollars ITEM 5B Remove existing deteriorated pavement & replace with 1h" binder course asphalt on 6" base course asphalt Approximately 110 squar yards Price per SY .��� . .' . (s 'Tv' ov ) ollars TOTAL fitO.�' l .� ' . . . . ($ 9'"�• ) 6 Dollars 2 * Optional item that may not be awarded by the Town. P-B 1 of 7 HOLZMACHER, MCLENDON&MURRELL,P.C. toaurx.o aa�aaaa.awvMowaNrµaaaMran.w rux+aas PROPOSAL (CONT'D. ) RESURFACING OF SOUND AVENUE TOWN. QF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK PROJECT NO. SORT 81-01 BID DATE: SEPTEMBER 30, 1982 ITEM 5B (ALT) ** Remove existing deteriorated. pavement & replace with 1V" binder course asphalt on 6" base course asphalt Approximately 49 squa a arils f c!� 0.0 Price per SX • a a e • • • • ($ 3� • ) PollaXs TOTAL . �:Cl�t^�: y'�'�o�. ��. �t-u�+s4l . ($ ✓ 00) Dollars ITEM 10 Maintenance and Protection of Traffic Tif�d ` LUMP SU ($ �•Tsmm,� ) Dollars (Lump sum bid, shall be greater than or equAl to $1000,.) ITEM 10 (ALT) ** Maintenance and Protection of Traffic LUMP SUM ($ •@0 ) Dollars 6 (Lump sum bid shall be greater than or equal to $500. ) 2 ** Optional item that may not be awarded by the Town. P-B 2 of 7 HOLZMACHER, McLENDON&MURRELL.P.C. W08VA"pO EMOtItEM.tNVN10MW MTK tptNTtTt rM gANMEM PROPOSAL (CONT'D. ) RESURFACING OF SOUND AVENUE TOWN OF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK PROJECT NO. SOHT 81-01 BID DATE: SEPTEMM 30, 1982 ITEM 11 Tack Coat Approximately 1300 gallons �Price per GAL .ov: 4A%.1 • .C/. -. ($ (�. d ) /D, Dollars TOTAL . '.� °:i a� •. ^:'e: . ($ 3 &0ol ) Dollars ITEM 11 (ALT) ** Tack Coat Approximately 700 gallons Price per GAL Dollars � y TOTAL Dollars ITEM 12 Four-inch (4") wide Thermoplastic Reflectorized Pavement Markings Approximately X8500 linear feet � Price per LF l�O:�d,"���^�- �! '; �. ($ a . 4-�• ) Dollars TOTAL flu Dollars 6 ' 2 Optional item that may not be awarded by the Town.. P-B 3 of 7 HOLZMACHER, MCLENDON&MURRELL,P.C. cownxrwo awoiwaaaa.awwowrawrµtatwnan rw ruwwaws PROPOSAL (CONT'D. ) RESURPACING. OF SOUND AVENUE TOWN OF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK PROJECT NO. SORT 81-01 BID DATE: SEPTEMBER 30, 1982 ITEM 12 (ALT) ** Four-inch (4") wide Thermoplastic Refiectorized. Pavement Markings Approximately 4500 linear feet Price r LF �� 4G :a . ($ Pe '0 D dif, Dolllas TOTAL L+ 'fir":�/ �� ��� . . . . ($ Dollars ITEM 14A* Additional Excavation Approximately 5 cubic yards Price per CY ./J^I. .0r4m.l•. (s Dollars 4C' TOTAL . � . .� . Dollars (Unit Price shall be greater, than or equal to $2. 00, but shall not exceed $10 .00) ITEM 14B* Additional Backfill Approximately 15 cubic yards Price per CY .� -:40.01a'2r"'. ($ f&C ) Dollar TOTAL .��:i'L . . . 15v. &0 ) Dollars (Unit Price shall be greater than or equal to $2 . 00, 6 but shall not exceed $10. 00) 2 * **Contingency Item Optional item. tha.t may not be awarded by the Town. P-B 4 of 7 t12AHOLZMACHER. MCLENDON&MURRELL,P.0 GONSULTMO ENGINEERS.ENvNgoNrENTAL WANTNTS And PLANNERS PROPOSAL (CONT'D. ) RESURFACING OF SOUND AVENUE TOWN OF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK PROJECT NO. SOHT 81-01 BID DATE: SEPTEMBER 30, 1982 ITEM 14C* Rock Excavation Approximately 5 c bic yards Price per C ($ oliars TOTAL . j &- -� . , . . . . . Dollars (Unit Price shall be greater than or.-equal of, $3.00 , but shall not exceed $50.00) ITEM 51 TL Furnish & Place Truing & Leveling Asphalt Concrete as per SCDPW Specifications Approximately X1100 tons Price per TON /.� �rWl� ��k�O ! ✓.f������!�! . (s 3 ¢, 4d ) _ /Dollars ?�j TOTAL �`��� �0 !- �� ':'�.o�:�':�./14���%W� •. . (s J/,� 1'"" ) Dollars ITEM 51 TL (ALT) ** Furnish &Place Truing & Leveling Asphalt Concrete as per SCDPW Specifications Approximately 809 tons Price per TON !"`:' . (s 34- r1 ) Dollars TOTAL 4� / . .�. . . . . . ($ Zt ZOO•d'D ) 6 Dollars 2 Contingency Item ** Optional item that may not be awarded by the Town. P-B 5 of 7 ■ I� HOLZMACHER, MCLENDON 8 MURRELL.P.0 GONNKT04 KNOWN06.40OV00WANTAL•CKNTN{T{WW P"W*ft PROPOSAL (CONT'D. ) PASUA'ACING OF SOUND AVENUE TOWN OF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK PROJECT NO. SOHT 81-01 BID DATE: SEPTEMBER 30, 1982 ITEM 51 FZ Furnish & Place Wearing Course Asphalt Concrete for Resurfacing as per SCDPW Specifications Approximately 700 tons Price per TON (s L}'z•4'O ). Dollars TOTAL !H:c�! . �1� . ($ z�, 1-0%11 &0) Dollars ITEM 51 FZ (ALT) ** Furnish & Place Wearing Course Asphalt Concrete for Resurfacing as per SCDPW Specifications Approximately 400 tons ,�(!!//11 o Price per TON . .N&"✓. /.hr1.-6 .! ($ 3 0• t+ ). Dollars TOTAL � � � �G�+^�! . . . . . . . ($ �`J Z�•�) Dollars w 6 2 P-B 6 of 7 r' ■ 2"u HOLZMACHER, McLENDON&MURRELL.P.C. 0DNVAiMp9" EEM.EMYMOWAWAL SMUTISA wN KANNEM PROPOSAL (CONT' D. ) RESURFACING OF SOUND AVENUE TOWN OF SOUTHOLD • AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK PROJECT NO. SORT 81-01 BID DATE: SEPTEMBER 30, 1982 TOTAL BASE BID (SUM OF ALL ITEMS EXCEPT 5A (ALT) , 5B (ALT) , 10 (ALT) , 11 (ALT) , 12 (ALT) , 51 TL (ALT) and 51 FZ (ALT) TOTAL t Dollars TOTAL ALTERNATE BID (SUM F L ITE S) TOTAL .~`s-J'i� l 4�. Dollars • Bids shall be based on normal seasonal working conditions without frost in the ground. It is anticipated that the Notice to Proceed will be given in October. COMPLETION DATE SHALL BE 45 CALENDAR DAYS AFTER THE NOTICE OF AWARD. LIQUIDATED DAMAGES SHALL BE $250.00 PER DAY. THE COMPLETION DATE SMALL BE CONSIDERED AS THE DATE WHEN THE PAVEMENT STRIPING OPERATIONS HAVE BEEN COMPLETED. FIRM NAME: -� ZZJG`, �1r- `��� FIRM ADDRES SIGNED BY: Ilii TITLE: N%5�• N•�1r DATE: l DAY PHONE NO. j• �� - 'SCOOC� 6 EVE. PHONE NO. 15k- aqc' 2 P-B 7 of 7 HOIZMACHER, McLENDON 6 MURRELL. P.C. / H2M CORP. CONSULTING ENaINEtAH ANO tNVI110NMENTAL 9CID(TIST! PROPOSAL - (CONT-D. ) Enclose certified check or bid bond for five percent (5x) of the total bid, as stipulated in the foregoing Information for Bidders. The Bidder hereby agrees to enter into a contract within ten (10) days after due notice from the Town of Southold that the contract has been awarded to him and is ready for signature, such • notice to be given in writing within forty-five (45) days of the date of opening of the bids . And, the Bidder hereby further agrees that in the event of his failure or refusal to enter into a contract in accordance with this bid within ten (10) days after due notice from the said Town Board as given in accordance with the Information for Bidders, and/or his failure to execute and deliver the bond for the full amount of the contract price as provided in said Information for Bidders, that t:he bidder's check which is herewith deposited with the Town shall, at the option of said Town, . become due and payable as ascertained and liquidated damages for such default, otherwise the said check shall be returned to the undersigned. The full name and residences of all persons and parties interested in the foregoing bid as principals are as follows : NAME ADDRESS � �as.�:- ��� t.1�tD�^5►�. � VJ��`CAMC)._.��' �t�icw'�r1-lyyr- ,��'QL•�d- � ice..���QSL'�.�C., VA NAME OF BIDDER: ):�;kro& � Vsc BUSINESS ADDRESS OF BIDDER: A?5 jQ2CCR.Q �->" �O� QWL DATED AT: �• O►'t`t1 TjJE�_DAY OF m 'Q ,� P-C WUMACHER. MCLENOON & MURR" P.C. / HZM CORP. COMWLnma OIOINEIAs AND ENVIRONMOOTAI OCIDMET! PROPOSAL - (CONT'D. ) BION-COLLUSIVE BIDDING CERTIFICATE By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: • 1 . 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; and 2. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor; and 3. No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition. Dated: mcg, B 2�w� This bidder cannot make the foregoing certification and a statement signed by the bidder is attached setting forth in detail the reasons therefor: P-D HOLZMACHER. MCLENO©N d MURRELL. P.C. / H2M CORP. CONSULTING ENGINUM AND IDWIRONMENTAL SCIDITISTS GENERAL CONDITIONS 1. GENERAL CONDITIONS A. The "General Conditions" are hereby made a part of this Specification and are attached herein. B. Where any article of the "General Conditions" is supplemented hereby, the provisions of such article shall remain in effect. All the supplemental provisions shall be considered as added thereto. Where any such article is amended, voided or superseded thereby, the provi- sions of such article not so specifically amended, voided or super- seded shall remain in effect. Work, materials, plant, labor and other requirements of the Gen- eral Conditions shall be furnished by the Contractor. No direct pay- ment shall be made for these General Conditions, and payment shall be deemed to be included in the contract price ` or various items of the entire contract. 2. CONTRACT DOCUMENTS The Contract Documents include, but are not limited to, the General Conditions, General Specifications, Detailed Specifications, Plans, Proposal Form, Contract and other sections as either cited ` on the index pages or actually included in the bound documents. Each section of the Contract Documents is intended to be comple- mentary to the other sections. It is intended that they include all items of labor and materials, and everything required and necessary to complete the work, even though some items of work or materials may not be particularly men- tioned in every section or may have been inadvertently omitted from the Drawings or Specifications, or both. 3_. APPROVAL OF SUBCONTRACTORS AND MATERIALS 6 1 Prior to commencing any work under this Contract, the Contractor shall submit to the Engineer, for approval, a list of all the sub- contractors and material suppliers he proposes to use for this Con- tract. No subcontractor or material supplier will be permitted to de- liver materials or perform any work on this Contract until he has been approved by the Engineer in writing. RT GC-1 HOLZMACHER. McLENDON &MURRELL. P.C. / H2M CORP. CONSULTING 0401H ERS AND ENVIRONMENTAL SCIENTISTS GENERAL CONDITIONS (CONT'D.) 4. INTERPRETATION OF DRAWINGS, ETC. A. In the event of discrepancies between the Drawings and the Specifications, the following order shall be given preference when making interpretations: 1. Addenda (later dates to take precedence over earlier dates) 2. Drawings (schedules or notes to take precedence over other data shown on Drawings) 3. Detailed Specifications 4. General Specifications 5. General Conditions B. On all plans, drawings, etc. , the figure dimensions shall govern in the case of discrepancy between the scales and figures. C. The Contractor shall take no advantage of any error or omission in the Plans, or of any discrepancy between the Plans and Specifications, and the Engineer shall make such corrections and interpretations as may be deemed necessary for the fulfillment of the intent of the Specifications and of the Plans as construed by him, and his decision shall be final. D. All work that may be called for in the Specifications and not shown on the Plans, or shown on the Plans and not called for in the Specifications, shall be furnished and executed by the Contractor as if designated by both. Should any work or material be required 6 which is not denoted in the Plans and Specifications, either directly 1 or indirectly, but which is, nevertheless, necessary for the proper carrying out of the intent thereof, it is understood and agreed that the same is implied and required, and that the Contractor shall per- form such work and furnish such materials as if they were completely delineated and described. 5. ADDITIONAL WORK Additional work, if required to be performed under this Contract, will be in accordance with the applicable paragraphs of the Contract. The Engineer shall be the sole judge as to whether such work was in- tended as part of the Contract or is in addition thereto. RT GC-2 HOLZMACHER, MCLENDON 6 MURREU.. P.C. / H2M CORP. CONSULTINO ENGINURS AND EMWRONMENTAL SCIENTISTS r GENERAL CONDITIONS (CONT'D.) 6. OCCUPATIONAL SAFETY AND HEALTH ACT The Contractor shall meet all standards of the Occupational Safety and Health Act of 1970 and subsequent revision. This shall include, but not be limited to, the following areas: Sanitation, noise, radiation, gases, vapors, fumes, mists, dust, illumination, ventilation, protective equipment, fire protection, waste disposal, electrical hazards, scaffolds and ladders, floor holes . and wall openings, and heavy equipment. All specific require- ments of the Act shall be adhered to. 7. SAFETY PROVISIONS The Contractor shall take every precaution and shall provide such equipment and facilities as are necessary or required for the safety of his employees. In case of an accident, first aid shall be administered to any who may be injured in the progress of the work. In addition, the Contractor shall also be prepared for the removal, to the hospital for treatment, of any employee eitherseriously in- jured or ill. 8. SANITARY REGULATIONS A. In addition to compliance with the Occupational Safety and Health Act, the Contractor shall erect and maintain necessary sani- tary conveniences for the use of employees on the work. Such con- veniences shall be properly secluded from observation, and their use shall be strictly enforced. Such sanitary conveniences shall be constructed in compliance with all laws, ordinances or regulations governing these facilities. The contents of the same shall be re- moved, with sufficient frequency to prevent nuisance, and disposed of to the satisfaction of the Engineer. B. The Contractor shall obey and enforce such other sanitary 6 regulations and orders and shall take such precautions against in- 1 fectious diseases as may be deemed necessary. Incase any infectious diseases occur among his employees, he shall arrange for the immediate removal of the patient from the work and his isolation from all per- sons connected with the work. r C. The building of shanties or other structures for housing the men, tools, machinery or supplies will be permitted only at approved places, and the sanitary condition of the grounds in and at such shanties or other structures must , at all times, be maintained in a satisfactory manner. RT GC-3 HOLZMACHER. MCLEND©N b MURRELL. P.C. / H2M CORP. ODMULflNo ENGINURS Ano ENWRONMENTAL suDmsrs GENERAL CONDITIONS (CONT'D. ) 9. RESPONSIBILITY OF ENGINEER AND CONTRACTOR DURING CONSTRUCTION A. The Engineer is responsible solely for the general and/or detailed inspection of the work being performed. Such inspection will be periodic and strictly to assure conformance of the Contractor with the Plans and Specifications, such that the end product will conform to the Plans and Specifications. B. The Contractor is responsible for complete conformance to the Plans and Specifications, proper construction procedures; co- ordination with subcontractors, other contractorsand utilities, and safe working conditions for his employees. 10. LABOR A. All contractors and subcontractors employed upon the work shall and will be required to conform to the Labor Laws of the State of New York and the various acts amendatory and supplementary there- to; and to all other laws, ordinances and legal requirements applicable thereto. B. All labor shall be performed in the best and most workman- like 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. 11. CONTRACTOR' S REPRESENTATIVE The Contractor, in case of his absence from the work, shall have a competent representative or foreman present, who shall follow with- out delay all instructions of the Engineer or his assistants in the prosecution and completion of the work, in conformity with this Con- tract, and shall have full authority to supply labor and material immediately. The Contractor shall also have a competent representa- tive available to receive telephone messages and provide a reasonable 6 reply as soon as possible, but not later than twenty-four (24) hours. 1 RT GC-4 HOLZMACHER. MCLEND©N &MURRELL. P.C. / H2M CORP. CONSULTING ENGINUM AND ENVIRONMENTAL SCIVITIM GENERAL CONDITIONS (CONT•D.) 12. INCOMPETENT EMPLOYEES The Contractor shall employ only competent, skilled and faithful men to do the work. Upon request of the Engineer in writing, the Con- tractor shall suspend or discharge from the work any disobedient, dis- orderly or incompetent person or persons employed thereon, and will not again employ any person so suspended or discharged without the consent of the Engineer. This requirement shall not be made on the basis of any claim for compensation or damages against the Town or any of its officers or agents. 13. CLAIMS OR PROTESTS If the Contractor considers any work required of him to be out- side the requirements of the Contract, or considers any record or ruling of the Engineers or Inspectors as unfair, he shall ask for written instructions or decisions immediately, and then file a writ- ten protest with the Town against the same within five (5) days thereafter, or be considered as having accepted the record or ruling. 14. NOTIFICATION, INTERFERENCE AND INJURY TO UTILITIES A. The Contractor shall cooperate in every way with the Utility Companies. B. The Utility Companies shall be notified in accordance with Section 1918 of the Penal Law of the State of New York, entitled "Construction or Blasting near Pipes Conveying Combustible Gas," and with Article 20, Section 322-a of the New York State General Business Law. 6 C. All conduits, water mains and gas mains encountered in the 1 construction shall be properly and safely taken care of by the Con- tractor, who shall, upon encountering same, notify the public corpora- tion to whom they belong, in order that they may be changed in such a manner as not to interfere with the final construction. D. In case any damage shall result to any service pipe for water or gas, or any private or public sewer or conduit . by reason of negli- gence on the part of the Contractor, he shall, without delay . and at his own expense, repair the same to the satisfaction of the Engineer, and in case such repairs are not made promptly or satisfactorily, the Town may have the repairs made by another Contractor or otherwise, and deduct the cost of same from any monies due or to become due the Con- tractor. RT GC-5 HOLZMACHER. MCLENDON 3 MURRELL. P.C. / H2M CORP. CON3UMNo ENGINEM S AND ENVIRONMENTAL saomm GENERAL CONDITIONS (CONT'D.) , l 15. INFRINGEMENT OF PATENTS The Contractor further agrees to hold himself responsible for any claims made against the District for any infringement of patents by the use of patented articles in any one phase of construction of the work and the completion of same, or any process connected with the work agreed to be performed under this Contract, or of any materials used upon the said work and to save harmless and indemnify the Town from all costs, expenses and damages which the Town shall be obliged to pay by reason of any infringement of patents used -in the construc- tion and completion of the work. 16. DAMAGES All damage, direct or indirect, of whatever nature resulting from either the performance of, or resulting to the work under, this Con- tract during its progress from whatever cause, shall be borne and sus- tained by the Contractor, and all work shall be solely at his risk until the date of the final certificate. 17. GUARANTEE WARRANTY This Contractor shall guarantee and warrant his work and that of his subcontractors against defects in workmanship and/or material for a period of one (1) year from the date of final certificate by the Engineer except as otherwise specified. Upon written notification from the Engineer, the Contractor shall repair, replace or reconstruct such defects to -the satisfaction of the Engineer at no cost to the Town. 18. STANDARDIZATION The DETAILED and General Specifications indicate specific manu- facturers and/or catalog numbers, etc. , for the purpose of standardiza- tion within the Town in order to minimize stockpiling of replacement parts. 19. DEFINITIONS 6 The words "or a l' pproved equal" as hereinafter used shall refer to the use of an equal product that has received prior approval by the .Consulting Engineer for the Town. The word "Engineer" refers to HOLZMACHER, McLENDON & MURRELL, P.C. , Consulting Engineer for the Town of Southold. SH GC-6 NOLZMACNER, McLENDON&MURRELL,P.C. Cp1y4lTNq EMOMIEEM.EMvwOMYENTK EQENTMAaMRAwNEM • r • TECHNICAL SPECIFICATIONS • SEVERAL ITEMS ON THE PLANS AND IN THESE SPECIFICATIONS REFER TO THE "SUFFOLK COUNTY PUBLIC WORKS SPECIFICATIONS OF NOVEMBER 1, 1968, " AS AMENDED. THESE SPECIFICATIONS SHALL BE INCORPORATED BY REFERENCE AND SHALL APPLY AS IF DETAILED IN FULL, UNLESS HEREIN MODIFIED• HOLZMACHER, MCLENDON 6 MURRELL,P.C. WMlIILtMq j"IMN.§"VWW W"TAL fpENl+an.w ry.ANMEM GENERAL SPECIFICATIONS TOWN OF SOUTHOLD RESURFACING OF SOUND AVENUE AT THE WESTERN TOWN LIMIT 0.1 - SCOPE The work to be done under this Contract con.si.sts of ,furnishing all labor, materials, equipment, etc. , for the A&SUWA;CIOG, Qr SOUNR AVENUE AT THE WESTERN TOWN LIMIT in the Town of Southold, as set forth in the Proposal Sheets, in accordance with the Specifications and as indicated on the plans, all to the approval of .the Engineer and the Town of Southold. 0. 2 - GENERAL SPECIFICATIONS (a) The "General Specifications" of the contract are hereby made a part of this specification and are attached herein. ` (b) Where any article of the "General Specifications" is supplemented hereby, the provisions of such article shall remain in effect. Where any such article is amended, voided or superseded thereby, the provisions of such article not .so specifically amended voided or superseded shall remain in effect. 0. 3 - GENERAL CONDITIONS (a) The "General Conditions" of the contract are hereby .grade a part of this specification and are attached herein. (b) Where any article of the "General Conditions" is supple- mented hereby, the provisions of such article shall remain in effect. 5 All the supplemental provisions shall be considered as added thereto. 2, Where .any such article is amended, voided, or superseded thereby, the provisions of such article not so specifically amended, voided, or superseded shall remain in effect. 1 GS - 1 of 11 HOLZMACHER.MdLENDON&MtMREU,P.C. / H2M CORP. coNanrma DMHU f iwo VMM"ME ST" 809MM! GENERAL SPECIFICATIONS (CONT'D) 0,4 .- NO DIRECT PAYMENT No direct payment will be made for work done and for materials furnished under these General Specifications or the General Conditions of the contract, but compensation shall be deemed to have been in- eluded in the contract price of the entire work. 0.5 - PLANS AND SPECIFICATIONS This Contractor will be furnished six (6) complete sets of the plans and specifications. Additional sets will be furnished at cost of reproduction. 0.6 - PERMITS AND REGULATIONS This Contractor shall obtain and apply for all permits necessary to conduct the work and complete this contract . All work shall be performed in strict accordance with the regulations and requirements of the various civil agencies having jurisdiction thereof. Upon completion of the work provided for in this contract , and before final payment shall be made, the Contractor shall furnish the Engineer with any necessary certificates of approval issued by these various agencies. 0.7 -- SIGNS No signs or advertisements shall be permitted by the Town. 0.8 - TEMPORARY LIGHT, WATER, ETC. This Contractor shall furnish temporary light and power complete with all wiring, lamps and similar equipment , as required for the completion of the work. Water shall be supplied by this Contractor. 6 1 RT GS - 2 of 11 2 HOLZMACHER.Md, DM i MURRELL. P.C. / H2M CORP. CONSULTING OMMUM AND a a"Man" SCIBMSTS GENERAL SPECIFICATIONS (CONT'D) 0.9 - MOPERATION This Contractor, all other contractors, and all subcontractors shall coordinate their work with all adjacent work and shall coordinate with all other trades so as to facilitate the general progress of the worka Raab trade shall afford all other trades every reasonable op- portunity for the installation of their work and for the storage of their material. 0.10 - REPRESENTATIVE ALWAYS PRESENT The Contractor, in case of his absence from the work, shall have a competent representative or foreman present, who shall follow with- out delay all instructions of the Engineer or his assistants in the prosecution and completion of the work, in conformity with this con- tract, and shall have full authority to supply labor and material immediately. The Contractor shall also have a competent representa- tive available to receive telephone messages and provide a reasonable s reply as soon as possible, but not later than twenty-four (24) hours. 0.11- - LABOR (a) All contractors and subcontractors employed upon the work shall and will be required to conform to the Labor Laws of the State of New York and the various Acts amendatory and supplementary there- to; and to all other laws, ordinances and legal requirements appli- cable thereto. (b) All labor shall be performed in the best and most workman- like 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. 6 1 RT 3 GS - 3 of 11 HOIZMACHER, MCLENOON i MURRELL. P.C. I HZM CORP. ODNIUInNO VWHUU AND UMM MMMAL $COMM GENERAL SPECIFICATIONS (CONT'D) 0.12 - WORKMANSHIP It is the intent of these Specifications to describe definitely and fully the character of materials and workmanship required with regard to all ordinary features, and to require first class work and materials in all particulars. For any unexpected features arising during the progress of the work and not fully covered herein, the specifications shall be inter- preted by the Engineer to require first class work and materials; and such interpretation shall be accepted by the Contractor. 0.13 - 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 d6mand any increase of such effi- ciency 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 ex- cept 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, such as manholes, catch basins, pipe lines, conduits, K etc. 6 1 RT GS - 4 of 11 4 HOLZMIACHER,McLEM00M i MURRELL, P.C. / HSM CORP. cmN'1 ,nma OIOINURG AND VMMMMORAL SO M M GENERAL SPECIFICATIONS (CONT'D) 0.14 - INSPECTION The Contractor shall, at all times, provide convenience of ac- ess and- safe and proper facilities for the inspection of all parts of the work. No work, except such shop work as may be so ,permitted, shall be done except in the presence of the Engineer or his assist- ants. The Contractor shall notify the Engineer twenty-four (24) hours in advance as to when he intends to start or resume the work. No materials of any kind shall be used upon the work until it has been inspected and accepted by the Engineer; all materials re- jected shall be immediately removed from the work and not again of- fered for inspection. Any material or workmanship found at any time to be defective shall be remedied at once, regardless of previous inspection. The inspection and supervision of the work by the Engineer is intended to aid the Contractor in applying labor and materials to and in ac- cordance with the specifications, but such inspection shall not operate to release the Contractor from any of his contract obliga- tions. 0.15 - PHOTOGRAPHS Prior to the commencement of ,any work to be performed under this contract, the Contractor shall inspect all structures, pavement, walls, curbs, sidewalks along the route with the Engineer. Whenever cracks, breaks, defects, faults or structural decay is expected or visible, photographs shall be taken, by a professional photographer, to identify and to record each and every defect. Failure on the part of the Contractor' to take such photographs will be construed as mean- ing that no defects existed prior to construction. The Contractor shall submit to the Engineer three (3) sets of 3"x5" prints and the negatives from which the prints were made, which negatives shall be at least 35 millimeter in size. Prints shall be mounted in a photo album with a written description of each photo to include descriptions, street location, address and ownership of property or building, if available. No separate payment will be made for the photographs, 6 1 RT GS — 5 of 11 5 HOLZMACHER, McIENCON 3 MURRELL.P.C. / HZM CORP. CONSULTING 040MU / ANO Ur MONMEMAL •CIOiT M GENERAL SPECIFICATIONS (CONT-D) 0.16 - LINE AND GRADE (a) The Engineer shall establish the sines and grades for the storm drains and appurtenances, and the necessary benchmarks for pavement construction stakeout. (b) All grades, lines, elevations and benchmarks shall be maintained by this Contractor who shall be responsible for same. (c) The Contractor shall verify all grades, lines, levels and dimensions as shown on the drawings, and he shall report any errors or inconsistencies in the above to the Engineer before commencing work. 0.17 - SMODARIHS OF WORK AND CONTIGUOUS WORK The Town will obtain from the property owners rights-of-way for all work specified in this contract, and the Contractor shall not enter or occupy With men, tools or materials , any private ground outside the easements and rights-of-way without the consent of the owner and the approval of the Engineer. Other contractors of the Town may, for all purposes required by their contract, enter upon the work and premises used by the Contractor, and the Contractor shall give to other contrac- tors of the Town all reasonable facilities and assistance for the com- pletion of adjoining work. 0.18 RIGHT-OF-WAY Where the work called for extends upon or through private property, the Town shall produce all necessary rights, deeds and easeffiertts for access to the property and the Contractor shall not proceed with this part of the work until the Town has completed negotiations with the property holders and all necessary papers are in the hands of the Town. if, after a reasonable period of negotiations (up to one (1) year from signing of the contract) , rights or easements cannot be obtained, then the n reserves the right to eliminate those items of- wdrk from the extract which required the easements prior to construction. No addi- tional ddit ona, compensation shall be made to the Contractor for such elimination. 4 2 SOHT' 6 81-01 GS - 6 of 11 HMZMACHM Me MHM i NURKLI»M I H2M CORM. COMM TM V#gW Ir{ MIO OM MMMML 300 MM 'GENERAL SMIFICATIONS (CONT I D) 0.1! PECTION OF WORK T'he Contractor shall place a suffLatency of red light. 4, 00 es seal any work, accessible to the public and keep them burning suaset tW, -. xito; he shall erect suitable Failings or, barriers, and shall- watchmen hall watchmen on the work by day or night, as required and deemed neaes�yp for the safety of the work, on public or adjoining property. The Town reserves the right to remedy any neglect on the part of the Contractor as regards the protection of the work which may coma to its attention, after 24 hours' notice in writing; except that in G-aces of emergency, it shall have the right to remedy any neglect w#t-h t notice, and in either case to deduct the cost of such remedy from mosey due the Contractor. 0.20 - MAINTAINING FLOW OF SEWERS AND DRAINS r The Contractor shall, at his own cost and expense, provide for and maintain the flow of all sewers, drains, house or inlet connec- tions and all water-courses which may be met with during the progress of the work. He shall not altow the contents of any sewer, drain or hause inlet connection to flow into trenches to be constructed under the contract, except where written permission is given by the Engineer asd shall,* at his own expenses,- immediately remove and cart away from the vicinity of the work all offensive matter, using such precautions in no. doing as may be direct-ed by the Engineer. 0.21 - PROTECTION OF EXISTING SUBSURFACE STRUCTURES Certain existing subsurface structures will likely lard encountered during the construction of the work embraced in this contract, or . located in such close proximity to the work to be done under this contract, as to require special precautions and methods for their pro- tection, such as &ewers, drains, water mains and conduits, together y with appurtenances, and are shown on the drawings. The sixes, loca- tions and depths shown, however, are only approximate and the Contrac- tor shall satisfy himself as to the accuracy of the inforffiation given and shall not claim nor shall he be entitled to receive Compensation 6 for damages sustained by reason of the inaccuracy of the informAtion 1 given or by reason of his failure to properly maintain and support such structures. RT GS - 7 of 11 7 HMnO.CHER.MCMDM i MURMLL.P.C./ H2M CW. COMMUTING VWM M AND DMA0111 MAL IC1UIT M GENERAL S CIFICATIONS (CONT'D) + Should the Contractor, through his own negligence, damage any portion of the existing underground structures, sewers, dra'tz*4 cul- verts. water lines, etc. , located within the limits of the contract, and wb cb are to remain, he shall replaceor restore such dam► portions at his own expense and as directed by the Engineer. 0.22„- NOTIFYING UTILITY COMPANIES The Utility Companies shall be notified in accordance with Sec- tion 191.8 of the Pedal Law of the State of New York and Article 20, Section 332-a of the New York State General Business Law, entitled, "Construction or Blasting Near Pipes Conveying Combustible Gas, " which states, "the person having direction or control of such works shall given such notice and further, he shall ascertain whether there is within one hundred feet in such street, highway or public -place. . .any pipe. . .conveying combustible gas." This Contractor and all other excavators must comply with Indus- trial Code Part 53 whereby this Contractor must obtain the list of each operator of underground facilities and provide advanced notice to each operator of his intent to perform excavation in the area specified under this contract., . z 0.23 - PUBLIC UTILITY COMPANIES All conduits, sewers, storm drains, water mains, underground elec- tric and telephone conductors or conduits, or gas -mains encountered in the construction shall be properly and safely taken care of by the Con- tractor, who shall, upon encountering same, notify the public corpora- tiou to whom they belong, in order that they may be changed in such a manner as not to interfere with the final construction if it is imposs- ible to cross over, under or around the other utility. 6 1 RT GS - 8 of 11 8 HOLZMACHEk MdDdM i MURRUI, P.C. J H2M CORP. CON&A"a 060asw w+o fJ1V1MMMORAI •GorTWTS 0EN•ZR S-PBCIFI.CATIONS (CONT•D) • 0.24 „- ,IfitRI _ TO SFRVIC& FIFE Ia ease any damage shall result to any service pipe ter water or gas,, r any private or public sewer or conduit , the C tr4ot shall, , witbmt delay, and at his own expense, repair the same to the aatia- fat ttoa wt the Engineer and in case vfth repairs are not made promptly or satisfactorily, the Owner may have the repairs made by aaothe# coatr&Vtor, or otherwise, and deduct the cost of same from any montes due or to become due the Contractor. 0•� � DAMAS�E:3 All damage, direct or indirect, of whatever nature resulting frons either the performance of or resulting to the work under this contract during its progress from whatever cause, shall be borne and sustained by the Contractor, and all work shall be solely at his risk until the date of the final certificate. q,26 - TRAFFIC MAINTENANCE Y The Contractor shall minimize all interference to vehicular, pedestrian and other traffic* . Traffic along the construction site shall be provided with a passable and adequate road. All fire hyd- rants shall be accessible at all times. i. Maintenance of traffic ,phall includebridging over construction, construction in sections, prbViding detou<rs, and other measures spec - f imd. Access shall be maintained to all driveways. The Contractor shall furnish and install adequate warning signs, flags, lights,, railings, barricades and other devices. Watchmen, flagmen and signal- men shall be provided to maintain traffic . 027 - REMOVAL OF TEMPORARY STRUCTURES On or before the completion of the work, the Contractor shall, without charge therefore, tear down and remove all buildings and other 4 structures built by him for facilitating the carrying out of the work and shall remove all rubbish of all kinds from the grounds which he has occupied, and shall leave the site of the work clean and in good condition. 6 1 RT GS - 9 of 11 9 NOLZMACHM Mc MRW i MURR"P.C. I H M COR'. COPWAnM UMMUM AND OW"tORM01M 1001MIs GENERAL SPECIFICATIONS (CONT'n) 0.28 - CLEARING AND FINAL INSPECTION All pipe lines and other structuress shall be kept clean during construation.,. and as the work approaches completion, the Contractor shall systematically and thoroughly clean and make any needed -re- pairs to the same. He shall furnish at his own expense suitable tools and labor for cleaning out all dirt,. mortar and foreign substances from the structures, and also the water for cleaning by flushing. Any leakage of water into any structure exceeding the limits speei- fled, or any deviation from the proper grade for alignment to the wtruature or any other defect such as to make the work, in the opinion of the Engineer, fall short of first class work, shall be properly corrected by the Contractor at his own expense. The clean- ing and repairs shall be arranged, so far as practicable, to be com- pleted upon finishing the construction work. Notice to begin this cleaning and repairing, if such is needed, will be given in due sea- son by the Engineer who, at the same time, will make his final in- spection of the work. The Engineer will not prepare his final certificate of this por- tion of the work until after the final inspection is made. During this final inspection , the Contractor, at his own expense, shall fur- nish suitable provisions as to needed drainage, workmen and appli- ances. 0.2:9 TOILET FACILITIES Necessary toilet facilities for the use of the workmen on the project, properly secluded from observation, shall be erected and maintained by the Contractor in such manner and at such points as shall be approved, and their use shall be strictly enforced. The contents of same shall be removed, with sufficient frequency to pre- vent nuisance, and disposed of to the satisfaction of the Engineer and the Town. The COUtractor shall obey and enforce all saditary regulations. The sanitary condition of the grounds in and around such toilet facilitios must be maintained in a satisfactory manner at all times. w 6 1 ItT GS - 10 of 11 10 HMZMACNER. McLENDON&MURRELL.P.E.l M211 CORP. CONVATINO Q1A"NUFA ANO ENVN pNMMML @09"TW9 ,Duripg the construction period of this contract the . i er' mit order, In writing, changes in sees of (prior to reIe"a .,iron the msa411seturer) and/or locations of (prior to delivery 64 materials) and/or additional. Items* 'fie prices an bid for tbo r�eapoctiwa size installed shall be also applicable to any sum changes or additions ordered by the Engineer. That total cost of additional items ordered shall be limited to not more than ten percent (10%) of the total bid (including alternate bids) of all teras. Change orders involving extras or additional funds outside the limits of the unit and/or lump sun priors must be approved by the Consulting Engineer and the Town of southo OJI - DEFINITIONS The specifications indicate specific manufacturers and/or catalog numbers, etc. , for the purpose of standardization in order to minimize stockpiling of replacement parts. The words "or approved equal" as hereinafter used shall refer to the use of an equal product that has received prior approval by the Consulting Engineer for the Town. The word "Engineer" rdferes to EOLZMACHEE, McI ENDON fc MURRELL, P.C. , Consulting Engineer for the Town. r The words "Owner" or "Town" refer to the TONT Of SOWM- LD. w 4 2 SH GS - 11 of 11 11 HOLZMACHER,MCLENDON&MURRELL.P.C. 001KTwoa�arieMs a�wMo�wKrn�piwnas.wru PAVEMENT RESTORATION & REPLACEMENT IT 5 5.1 - SCOPE The work under this item includes sawcutting, removal and disposal of existing pavements (temporary and permament) , and the furnishing and placing of -asphalt concrete base and binder courses at the locations indicated on the plans or as directed by the Engineer. 5. 2 - GENERAL Under this item, the, Contractor shall be responsible for the re- moval and disposal of the following: 1) All temporary pavement previously placed by Southold Town forces in connection with the installation of new storm drainage leaching pools within the project area. 2) All existing pavement indicated on .the plans and any existing pave- ment ordered by the Engineer in the field during construction. In general, the removal of existing pavement will be ordered at those locations ire subgrade failure is evident. In addition, severely distressed or cracked pavement will be ordered removed. 3) All existing subbase material down to the required grade for con- struction of the new pavement section. In the event that the material at this grade is considered by the Engineer to be unsuitable as a sub- base for the new pavement, additional excavation ordered will be paid for under Item 14. Under this item, the Contractor shall construct a new pavement cross section at the aforementioned locations in accordance with the details indicated on the plans. Pavement restoration at leaching pools shall include the additional pavement required behind each structure, as detailed on the plans. Sawcutting is required when removing deteriorated pavement and shall be performed to the Engineer's satisfaction. Upon completion of sawcutting, all asphaltic concrete on all types of bases shall be removed in a neat, workmanlike manner, using modern pavement removal methods as approved by the Engineer. Disposing of removed material stall be done in an acceptable manner off the site or at a designated area specified by the Engineer. This Contractor stall ., be responsible for the payment of any dumping fees should he elect to use the Town Landfill facilities. 6 5.3 - S,AWM=ING 2 The existing asphalt pavement shall be cut at the locations desig- nated by the Engineer. The minimum depth of cut shall be two (2) inches. PRR - 1 of 4 12 HOLZMACHER.MaLENDON i MURRELL.P.C. MOM"" WWWAW MAL@ONNAA.MPwWdM PAVEMENT RESTORATION & REPLACEMENT (CONT'D. ) 5..3 -. SAWCUTTING .(Cont'd. ) All work shall be accomplished in a neat, workmanlike manner, using approved modern sawcutting methods. Failure to cut a minimum depth of two (2) inches will be con- sidered as grounds for rejection of the sawcut, and the Contractor shall be required to re-sawcut the pavement. No payment will be made for either the additional sawcutting or additional pavement replace- ment required. 5.4 _ SUB-BASE The sub-base shall be cleaned of all loose or foreign material, reshaped if rutted, and otherwise prepared so as to provide uniform supgowt for the pavement. All soft or unsuit#ble material such as loam sil be removed as directed by the Engineer, and .replaced with suitable material approved by the Engineer and compacted in six (6) inch layers to the pavement base. Excavation to remove unsuitable materials below the bottom of the proposed base course shall be paid for under Item 14. Shaping of the sub-base shall be accomplished by hand or with mechanical grading equipment after which the- sub-base shall be mois- ened and compacted by means of a vibratory-type compactor in accordance with modern vibratory compaction methods, to the approval of the Engineer. All equipment for the proper preparation of the sub-base and for the placing and finishing of pavement shall be in first-class working order and shall be subject to any inspection the Engineer. may desire prior to being placed in use. After the -sub-base has been prepared and compacted to the required uniform density and to the- regnired elevation, alignment and cross-section, it shall be maintained in that oomKtion until the pavement is placed thereon.. Pavement will not be placed upon any frozen sub-base or .upon any .material which, in the opin- ion of the Engineer, is unsuitable as a pavement foundation. The end result of all compactive efforts shall be that the sub-base material is compacted to not less than 95% of maximum density at optimum moisture content as determined by AASHTO T-99. In the event that the Engineer determines that there is reasonable doubt warding the quality or degree of compaction, he may order that tempoetion tests be performed at random locations. All compaction teats shall be performed by an independent laboratory previously appVeved (written approval) by the Engineer. The costae for, all 6 cow4wetion testing ordered shall be borne by the Contractor. 2 PRR - 2 of 4 13 HOLZMACHER,MCLENDON i MURRELL.P.C. 0014IU"0I0IIEWNIYIIIOMYNiTK Goommm.MPLUOMM PAVEMENT RESTORATION & REPLACEMENT (CONT'D. ) .5 - PAVEMENT MATERIALS Materials utilized for pavement restoration shall be in accor- dance with the "Suffolk County Public Works Specifications of November 1, 1968" as amended. The typical pavement restoration cross- section is indicated on the Contract Drawings. A bituminous material shall be placed on the concrete or bitum- inous base and at sawcut joints, as a tack or seal coat. The minimum application rate of this material shall be 0.1 gallons/square yard. The bituminous material shall conform to the requirements of New Y*rk State Department of Transportation Specification Section 407, item No. 407.01. 5.6 PAVEMENT CONSTRUCTION All pavement restoration shall be performed in accordance with the requirements of "BITUMINOUS PAVINGG CONSTRUCTION, PART II, SECTION 8" of the "Suffolk County Public Works Specifications of November 1, 1968" as amended. • 5.7 - MISCELLANEOUS No payment will be made under this Item for pavement disturbed or broken by the Contractor due to his own nealiaence or for pavements removed to facilitate the construction where specific authorization has not been given by the Engineer. 5.8 MAINTENANCE AND GUARANTEE After repaving, the Contractor will be responsible for his work and will have to repair any sunken trenches immediately after notifi- cation from the Engineer, to the satisfaction of the Engineer and the Town of Southold Highway Department, for a period of one (1) year after the date of final certificate. 5.9 - BASIS OF PAYMENT Payment will be made for the various types of pavement removal and restoration on a square yard basis in the following manner: Item. . ;8 - Remove temporary pavement placed by others and restore excava- ioN area with new asphaltic concrete as detailed on the plans. Con- struction of paved areas behind each of the new leaching pool structures 6 shall be included under this item. 2 Item 18 —Removal of existing deteriorated pavement sections and replace- ment with new asphaltic concrete as detailed on the plans or as ordered by the Engineer. PRR - 3 of 4 14 HOIZMACHEK MCLENDON E MURRELL.P.C. CONMIItNq MIiNIlNr.p1YMGM�MIRK f CMN/D?��/�1MMM PAVEMENT RESTORATION & REPLACEMENT (CONT'D. ) • 5.9 BASIS OF PAYMENT (Cont'd. ) All pavement restoration shall be in accordance with the applicable 'Suffolk County Department of Public Works Specifications, the details in- dicated on the Contract Drawings and the directions and orders of the Engineer. The unit price bid for these items shall include all materials, labor, equipment and incidentals necessary to complete the work. 6 2 PRR - 4 of 4 15 HOLZMACHER, McLENDON&MURRELL.P.C. CpINYITMq lMONIHM N1YMg1111(MtK�gtMMf�.MMNN[M MAINTENANCE AND PROTECTION OF TRAFFIC ` ITEM 10 10.1 - SCOPE The work includes furnishing all labor, materials, equipment and appliances necessary to maintain both vehicular and pedestrian traffic, to protect the public from all damage to person and property and to minimize inconveniences to the residences and businesses ad- jacent to the. contract area for the duration of the contract in accordance with the specifications, as shown on the plans and as directed by and to the approval of the Engineer and the Town of Southold Highway Department. 10.2 - GENERAL The Con-tractor shall maintain traffic over a reasonably smooth travelled way which shall be so marked by signs, delineations and/or ot"r methods so that a person who has no knowledge of conditions can safely, and with a minimum of discomfort and inconvenience, ride, drive or walk over all or any portion of the roadway under construc- tion. • The Contractor shall prepare and submit a plan to the Engineer for his approval , outlining a schedule of operations for the mainten- ance, protection and detouring of traffic showing in complete detail the methods, sequences, procedures and facilities he proposes to install. Before the Contractor shall in any way or manner restrict or interfere with the normal flow of traffic, he must first secure written approval of his proposed plan from the Engineer. The Contractor is placed on notice that the Maintenance and Pro- tection of Traffic over this highway during construction is con- sidered as important and necessary an item of work as is the actual construction itself. The Contractor shall at all times conduct his operation in a manner to insure the safety of motorists, pedestrians and his own employees. The Contractor shall protect the user from damage to person and property by reason of any construction operation ( for example - painting , paving, blasting, tree work, demolition, etc. ) by such protective screens, devices or methods as are approved by the Engineer. 6 2 SOHT MPT - l of 6 16 HOLZMACHER, MCLENDON&MURRELL.P.C. co�+►raaa ,nwMoiw��rtpMnNn.ww�w MAINTENANCE AND PROTECTION OF TRAFFIC - CONT'D. The Contractor shall under this item be responsible for the maintenance within the limits of the contract of the entire pave- ment-, ;drainage facilities and other highway elements, both old and new, beginning on the date construction commences and ending on the date the contract is officially accepted. The Contractor shall schedule his work so as to minimize the amount of the old travelled way that is destroyed or substantially damaged at any one time. Throughout the course of the work the health and welfare of the people shall be provided for. The Contractor shall at -least one ( 1) week in advance of proposed work, ascertain the specific needs of individuals whose homes or place of business may be inaccessible for periods of time while required construction work is in progress. In all such cases, the Contractor shall make a-kl arrangements with health, safety and protective agencies to i sure. that any and all emergency or accidental needs of seriously hampered people will be cared for. Roads which must be closed to traffic completely shall be completed during the normal work week. One week's advance notifi- cation of construction shall be given to affected residents. 10.3 - MATERIALS All materials used shall comply with the requirements for the various items or materials as established in the specifications or the plans. All temporary signs, delineators, barricades, lighting and other warning and guiding devices shall be as approved by the Engi- neer, and will remain the property of the Contractor. All materials and equipment and workmanship for electrical installations shall be in strict compliance with the Standard Code Requirements and the work shall be performed by licensed electri- cians. The Contractor shall obtain, supply and pay for all required electrical energy and shall make all necessary arrangements with the utility company for service points. All electrical services, permits and certificates shall be obtained and paid for by the Contractor. i SOHT MPT - 2 of 6 17 HOLZMACHER.McLENDON a MURRELL.P.C. 000MAT a SONOMA swom"W84 Wowen.r PLNHWM MAINTENANCE AND PROTECTION OF TRAFFIC - CONT'D. • 10.4 - CONSTRUCTION DETAILS 10. 4. 1 - General - The Contractor shall generally provide a traveiway suitable for maintaining a minimum of two lanes of traffic. This travelway shall be kept well drained and reasonably smooth and hard at all times and free of potholes, bumps, irregularities and depressions that hold or retain water. 10.4.2 - Warning Signs & Delineators - The Contractor shall erect barricades, detour signs, warning lights and other facilities approved by the Engineer at the beginning, end and for the entire length of any detours to adequately warn the travelling public that the road is closed and indicate the direction and route of the detour. He shall conduct his operations to insure a minimum of delay to traffic. The Contractor shall furnish, erect and maintain proper refleet- orized signs, indicating to motorists the status of the highway under construction. All signs shall be kept clean, mounted at the indicated height and so placed as to be effective both day and night. Signs, warnings, delineators and barricades shall be used to adequately inform the motorist of any unusual or unsafe condition and to safely and clearly guide him through the contract area. Such signs, barricades, warnings or devices shall be so placed and lighted as to give timely warning and permit the motorist to take the necessary action to traverse the area safely. Barricades and signs shall be lighted when and as required . The Contractor shall delineate areas where there is a drop-off near the edge of the travel lanes and areas on which it is unsafe to travel . Where the drop-off is less than 6-inches, and where soft or unsafe areas occur, an approved delineator shall be placed along the edge of the t ravelway at intervals of not more than 200 feet. Where the drop-off is greater than 18-inches, a continuous delineation consisting of a white board or band shall be used in addition to individual delineators. Thirty ( 30) to fifty (50) gallon drums or containers set on end may be used as delineators, provided they are painted orange and white and kept clean at all times. Other markers or delineators may be circular or rectangular in shape and shall be constructed of reflective sheeting having a minimum area of 20 square inches or reflective buttons having a minimum diameter of 3-inches. All reflective delineators or markers shall be yellow or amber in color except that at entrances to commercial establish- ments the Contractor shall place a green reflective marker on each side of the designated safe entrance to the establishment. The entire 6 2 SOHT MPT - 3 of 6 18 t12" HOLZMACHER.McLENDON 6 MURRELL.P.C. ppNN1�TMi0 lMOMNl11�N W 111011M[MTK�Olilltl�t�M/1N�MM MAINTENANCE AND TRAFFIC PROTECTION - CONT'D. entrance area between adjacent green markers shall be kept safe and smooth for convenient ingress and egress. Delineators shall be sub stantially mounted so that the bottom of the reflective unit is 4 feet above the elevation of the travelway. Any area judged by the Engineer to be particularly hazardous shall be marked by the use of oil burning flares or signal flashers with a large 'reflectorized orange lens in addition to the reflective markings. All signs, markers and other facilities shall indicate actual conditions existing and shall be moved, removed or changed immediately, as conditions require. Details and types of signs, temporary barricades, timber curb and other devices are shown on Standard Structure Sheets, Manual of Uniform Traffic Control Devices of the New York State Traffic Commission. These are minimum requirements and the Contractor shall have an adequate quantity of each available for use as required. The Engineer may, if conditions exist, require additional signs. In that event, they shall be consistent with the arrangements, material requirements and details of those shown on the Standard Structure Sheets. Lighted barricades shall be fully equipped with complete electrical facilities including fixtures, lamps, conduits, switches, cut-outs, boxes, cable and all other required equipment, appurtenances and connections to the service points designated by the utility company as necessary to install and light the barricades. The Contractor shall set and adjust time switches and other equipment as required to put the lighting system in satisfactory operation. 10.4.3 - Maintenance - The Contractor shall furnish material, labor and equipment at any time, day or night, to immediately repair, remedy and prevent washouts, formation of holes, ruts and depressions, sunken trenches and the destruction or sinking of temporary pavements. This applies when the work is underway and when the work is temporarily suspended for any period of time. Special attention shall be given to maintenance of a satisfactory travelway over weekends, holidays, and during the winter season. Any damage to any portion of the work occasioned by lack of adequate maintenance shall be repaired by the Contractor at his own expense. 6 2 90H T MPT 4 of 6 19 HOLZMACHER.MGL.ENDON 6 MURRELL.P.C. ODO M^"* MIYMOM A&nft 10*KM eW ftAk1HNw MAINTENANCE AND PROTECTION OF TRAFFIC - CONT'D. 10. 4.4 - Flagmen - Whenever it is necessary to maintain traffic, the Contractor shall employ a sufficient number of competent flagmen during the time traffic is maintained. The Contractor shall also provide a sufficient number of competent flagmen in areas where traf- fic is congested, particularly where construction equipment is operating. 10.4.5 - Access - Under this item, the Contractor shall construct and manta n at alT_times where required or as directed, temporary bridges or bridging across pipe trenches, excavations, obstructions and newly laid pavements to provide adequate ingress and egress for pedestrian and vehicular traffic to and from private driveways, busi- noes and commercial establishments or for main street intersections and heavily travelled crossings. The Contractor will be required, after the installation of all pipes and necessary appurtenances thereto, to immediately backfill all trenches, compact the same with the surf ace •of the fill graded off, and install ,temporary pavement to permit the resumption of traffic without delay. The surfaces of all trenches shall be maintained continually by the Contractor to carry traffic smoothly, safely and without interruptions or slowdowns, until the permanent pavement has been restored. 10.4.6 - Existing Signs - All existing highway signs and supports within t "e contract limits are to remain under the control and juris- diction of the Engineer and are to be properly maintained for the duration of the contract by the Contractor as directed by the Engineer. The Contractor shall, when shown on the plans or ordered, remove these existing signs; store, protect and keep them clean; and replace them on the contract as directed by the Engineer. Signs not to be replaced shall be cleaned and delivered to the Town as directed by the Engineer. . signs or markers lost or damaged because of negligence on the part of the Contractor shall be replaced at the Contractor's expense. 10.5 - BASIS OF PAYMENT The work of maintenance and protection of traffic shall be paid for under Item 10 at a lump sum bid price that is greater than or equal to the minimum bid price indicated on the proposal sheets. In the event that, in the opinion of the Engineer, traffic is not properly and adequately maintained on any part of the contract on any day, and/ or the Contractor deviates from or fails to comply with the approved plans, schedules and modifications or amendments thereto, no payment for 6 maintenance and protection of traffic will be made for that day. 2 SORT MPT - 5 of 6 20 HOLZMACHER,McLENDON 6 MURRELL.P.C. QpNMILTMO H10N1!!M.NnMOMMMtK 01[MNNM RAMNlM MAINTENANCE AND PROTECTION OF TRAFFIC - CONT'D. Daily cleanups of the project site are considered an integral part of the maintenance and protection of traffic. Therefore, no payment will be made for those days where, in the opinion of the Engineer, the Contractor has not -performed a satisfactory cleanup. The amount of any such daily non-payment will be $100. The aggregate sum of money deducted for daily non-payment may exceed the actual amount bid for this item and may be deducted from any monies due the Contractor on other items of this contract. If the Contractor fails to maintain and protect traffic ade- quately and safely for a period of 24 hours , the Engineer tray cor- rect the adverse conditions by the use of such means that he may deem necessary and augmented by such other equipment and personnel as it may be necessary to hire from outside sources, and the entire coat of this work by such forces, materials and equipment shall be deducted from any monies due the Contractor.-on this contract. The deduction due to the cost of this work shall be .in addition to the daily non-payment deductions listed above. , The bid price shall include the cost of furnishing all labor, materials, -tools and equipment necessary to satisfactorily complete • the required work. Monthly payments will be made for this item in proportion to the total amount of contract work, excluding maintenance and pro- tection of traffic, completed divided by the total bid price less the stated allowance for maintenance and protection of traffic. 6 2 SOHT MPT - 6 of 6 21 HOLZMACHER, MCLENDON i MURRELL.P.C. p01M111,�.10lMMMEM.lMM10MYNKM�01lNIU//M IIM.MM TACK COAT ITEM 11 11.1 -_ SCOPE This work shall consist of preparing and treating an existing bituminous or concrete surface with bituminous material in accordance with these specifications and in reasonably close conformity with the limits shown on the plans or established by the Engineer. ll.a - MATERIALS The bituminous material, prior to dilution, shall meet the re- quirements of one of the following �a#terial .designations from the M.Y'.lS.D.®.T. "Standard Specification*8 - CONSTRUCTION AND MATERIALS", dated January 2, 1981 : Asphalt Emulsion (HFMS-2h) 702-3401 Asphalt Emulsion (SS-1h) 703-3601 Cationic Asphalt Emulsion (CSS-1h) 702-4501 The bituminous material shall be diluted with an equal volume of suitable emulsifier solution and thoroughly mixed into a homogeneous liquid. The diluted bituminous material will be sampled and tested in accordance with the Engineer's written instruction. 11.3 - CONSTRUCTION DETAILS . - Equipment - The Contractor shall provide equipment for heati"he tum nou`s material and a distributor for applying the tack Coat. The distributor shall be so designed, equipped, maintained and operated so that bituminous material can be applied uniformly on variable widths of surface up to 15 feet at readily determined and controlled rates from 0.05 to 2.0 gallons per square yard, with uniform pressure, aW with an allowable variation from any specified rate not to "exceed 0 .0,2 gallons per square yard. Distributor equipment shall include a te.ter*. accurate volume measuring devices or a calibrated tank, *rA a thermometer for measuring temperatures of tank contents. Distri- butors shall be equipped with a power unit for the pump, and full e r- I eulation spray bars adjustable laterally and vertically. Distributors 0 shall be *%wipped with an approved bituminous material sampling valve. when samples are taken through such valves, they shall be considered 1 representative of -all material in the tank. TC - 1 of 2 22 HOLZMACHER,MCLENDON&MURRELL.P.C. COWAUN tNMINt116tN11N10NrlII�K t01[MMtt wr�MMtM TACK COAT - CONT'D. i 11. 3.1 - Equipment - (CONT' D. ) Small power spray units or hand spray equipment may be used in areas where the Engineer determines that the use of a distributor is impractical . 11.3.2 - Preparation of Surface to Be Treated - The existing surface sfiall be patched and cleaned and shall be free of irregularities to provide a reasonably smooth and uniform surface to receive the treat- ment. Unstable corrugated areas shall be removed and patched with mat- erials determined suitable by the Engineer. The edges of existing pavements, which are to be adjacent to new pavements, shall be cleaned to permit the adhesion of bituminous materials. 11.3.3 - h2plication of Bitminous N terial - The bituminous . material shall be uniformly applied ith a pressure distributor. The tack coat shall be applied in such a manner as to permit one-way traffic, where practical. In addition, the tack coat shall be applied so as to offer the least inconvenience to traffic and to prevent pickup or tracking of the bituminous material. Tack coat shall not be applied during wet or cold weather, as determined by the Engineer. The temperature and areas to be treated shall be approved prior to application. The application rate shall be 0 .10 - 0.15 gallons per square yard unless otherwise ordered by the Engineer. 11.4 - NETHOD OF NEASURENENT The quantity to be paid for will be the number of gallons of diluted emulsion measured at 60 degrees Farenhet incorporated into the work. 11.$ - SAS1S OF PAYMENT The unit price bid per gallon for tack coat shall include the cost, of furnishing materials and all equipment and labor necessary to com- plete the work. 1 0 1 TC - 2 of 2 23 H2M CORP. / HOLDAACHE& McMOM 6 WtRELL. P.C. OONSMnHe VM*9W AMO OMMMMOITAL sco4Tw t • THERMOPLASTIC PAVEMENT MARKINGS 12. 1 - SCOPE Under this item, the Contractor shall furnish and apply thermoplastic reflectorized pavement markings at the locations and in accordance with patterns indicated on the plans or pavement, or as ordered by the Engineer. This work shall include the cleaning and preparation of pavement surfaces and the maintenance and protec- tion of traffic during installation. 1$.2 - MATERIALS : THERMOPLASTIC :'AVEM NT MARKING MATgRIAL H YELLOW) This specification shall cover refiectorized thermoplastic pavement striping material that is extruded to the pavement surfaces is-a molten state by mechanical means and which upon cooling to the normal pavement temperature produces a ref Lectorized traffic stripe of desired thickness and width. The term "Thermoplastic Material", defines a substance free of volatiles, applied in a molten state, which after cooling to the ambient temperature and without polymerization or any other chemical change forms a traffic marking stripe of a quality and appearance as specified is subsequent' sections of these specifi- cations. This specification is intended to set minimum limits on material characteristics of the thermoplastic compound. The successful bidder shall furnish test samples of materials. He must also submit a list of installations made in the last three years. Material composition shall be in accordance with the following: A. In the plastic state, the material shall not give off fumes which are toxic or otherwise injurious to persona or property. B. The temperature versus viscosity characteristics of the plastic material shall remain constant through four reheating*; and shall be the same from batch to batch. There shall be no obvious change in color of the material as a result of a number of reheatings or from batch to batch. C. The pigmented binder shall be well dispersed and free from all skies, dirt, foreign objects, or such ingredients as will cause bleeding, staining or discoloration. 24 PM - 1 of 5 HM CORP. / HOLZMACHER,McLEN00N 6 MURRELL. P.C. OONSULTINO V OINUM AND CNWWNMENTAL 8OIOY N" THERMOPLASTIC PAVEMENT MARKINGS — CONT'D . D. The binder shall consist of a mixture of non-drying synthetic resins at least one of which is solid at room temperature. The total binder content of the thermoplastic compound shall be not less than twenty percent (20%) and sufficient to hold the exposed beads securely in place without the beads abrading off. E. The filler to be incorporated with the .resins as binder shall be a white calcium carbonate- or approved alternate with a minimum compressive strength of five thousand pounds (5;000 lbs. ) per square inch. F. Specific gravity of• the materials shall be between 1.9 and 2. 1 at 25 degrees centigrade. G. The percentage of pigments for white and yellow thermoplastic shall be between 10% and 15%. N. The softening point (ASTM E 28 Test). shall be a minimum of 90 or as the Engineer approves. I. 1Ref lectorized beads (Fed. Spec. TT-P-85) shall be employed in the material to the extent of not less than twenty percent (201%) nor more than 30 percent (30%) by weight of material. The glass beads used in the formulation shall have refractive indexes of not less than 1. 50 when tested by the liquid method at 25 degrees centigrade; shall consist of 90% min. by count of water white true spheres and shall be free from air inclusions. The beads shall have the following gradation unless the Engineer approves alternate sizes: T.S. Sieve No. Maximum percent Passing 30 60% 50 15% 100 0% Not less than 90% of the spheres shall meet the following require- ments: 1. The surface of the spheres shall be smooth, 'lustrous and free from film, scratch and pits. PM - 2 of 5 25 HZM CORP. / HOIZMACHER. Md NOON `MURR" P.C. CM46MMO OWNUM ANO VmwmMoaAL @aaawn THERMOPLASTIC PAVEMENT MARKINGS - CONT'D. 2. The spheres shall be clear and transparent and shall not be ovate in shape or fused spheroids and shall meet ASTM D1155 speci- fications. 3. The spheres shall show high autocollimating efficiency. Not ■ore than 1% shall be black, amber or milky. The compound shall not deteriorate by contact, with sodium chloride, calcium chloride, or other chemicals used against formation of ice on roadways or streets or because of the oil content of pavement materials or from oil drip- ping from traffic. J. Topdressing beads shall be beads with a refractive index of 1.50 and the same specifications as above in Paragraph 1. Paymentfor these beads shall be included in the cost of thermoplastic material. K. The night-time visibility and'reflecttVity of the white and yellow thermoplastic lines shall be at least .equivalent to reflectorized painted traffic lines having six pounds per gallon drop on beads of 1.5 index of refraction after each -has been applied side by side on heavily traveled roads for one month. 12.3 - INSTALLATION PROCEDURES A. Layout for the installation of pavement markings will be performed by the Contractor. In the event resurfacing is completed at a time when the thermo- plastic cannot be applied, the Contractor shall install temporary paints Lines as directed by the Engineer. The Contractor shall. install re- quired permanent thermoplastic nines when the road surface is the appropriate temperature. The Contractor in submitting his bid, hereby agrees that he shall have no claim for any damages due to h delay other than extended time to complete the work. Application for- exten- stem of time shall be filed by the Contractor with the Engineer at least 15 days prior to the contract date of completion. The cost of any required temporary painted lines shall be included in the unit price bid for Item 12. D. Installation procedures for thertoplastic materials shall be in accordance with the following; 1. Before any work is begun, a schedule of operations shall be submitted for the approval of the Engineer. Signs, canes and otber traffic control devices necessary to conform maintenance of traffic operations to the New York State Manual of Uniform Traffic Central Devices shall be on hand for the Engineers inspection -prior to the start of work. PM - 3 of 5 26 K21A CORr. / HOLZMAWER. Md,ENOON 6 MURR" P.C. CONSULTIM ENW14 4 ANO OfflR0NM DOTAL 9000NU THERMOPLASTIC PAVEMENT MARKINGS - CONT'D. 2. Material shall be applied to the pavement at material temper- ature no lower than 360OF nor higher than 4200F. Installation shall be done only in seasonable weather, in accordance with good practice and in accordance with the manufacturer's recommendation. Immediately after application of the thermoplastic, drop on glass spheres (top- dressing beads) shall be mechanically applied while the thermoplastic is still sufficiently molten, such that the spheres will be held by and mechanically imbedded in the surface of the material, in order to provide immediate night reflectivity. 3. The material shall be placed in accordance with the layout lines marked by the Contractor and shall conform as closely as possible to these layout marks. 4. Cleaning Equipment - Equipment must be provided to insure removal of dust, debris, and other.,foreign -matter from the road surface immediately prior to the installation of the thermoplastic. 5. Condition of Pavement - The pavement shall be dry and free from oil, dirt, grease or other foreign contaminants at the time of instal- lation and the pavement temperature shall -be above 55OF and ambient temperature shall be 45OF and rising. 6. Equipment for Melting and Heating Thermoplastic Material - A special kettle mounted on a mobile unit is required for melting and heating the material. Such equipment shall incorporate the following features: The kettle shall be of sufficient capacity Ao satisfy the minimum installation requirements of the material as specified hereafter; The kettle shall provide means of heating the material by means of thermo- statically controlled heat transfer liquid rather than by direct flame, so as to provide positive temperature control and prevent overheating of the material; suitable temperature gauges to indicate liquid and material temperatures at all times shall be provided in the kettle; The kettle shall provide means of continually agitating the material while the material is being heated; the kettle shall have means of rapidly and efficiently discharging the liquid material into appro- priate application equipment; the kettle shall be equipped and con- strutted in such a manner so as to satisfy the requirements of the National Board of Fire Underwriters and the appropriate agencies of the State of New York. 7. Application ESuipmme_nj - Equipment shall be provided to place the material on the pavement as a finished line. The portable hand operated applicator shall include the following features: PM - 4 of 5 27 N2M CORP. / NCLZ ACHEk Md.ENDW i MURR" P.C. CON"104 V*U NUM MIO 84"NOMM04TAL 80 MI " THERMOPLASTIC PAVEMENT MARKINGS - CONT'D. The applicator shall provide agitation for the material prior to ;its actual installation; the applicator shall provide means of maintaining the material at its proper application temperature(not .lower than 360OF nor above 4200F) ; the applicator shall be equipped with an extras on:hoe (die) that shall maintain uniformity of speci- fied width, and thickness of not less than 2/16-inch of generally. uniform cross-section. The shoe(s) or die(s) shall be made available to the Engineer for inspection prior to the start of work; the appli- cator shall provide a means of cleanly cutting off the ends of each length; the applicator shall be capable of providing lines of vari- able width from 4-inches to 12-inches by use of interchangeable parts ; the applicater shall be easily maneuverable and so constructed as to ml.t application of curved lines; the applicator shall be provided, wi*a bead dispenser capable of uniformly 'dispensing refloetiva glass apbo (topdress ing) at controlle4 rates of flow. The bead dispenser s,ha,ll. be automatically operated its such a winner that it will only dispense beads while the material is being ,applied. The beads shall be Otw# used at a rate of not less than one pound per 16-square feet of material. Equivalent to 1 pound per 48 L.F. of 4-inch-line. The ap- piteaters shall be equipped and constructed in such a manner so as to satisfy the requirements of the National Board of Fire Underwriters and the appropriate agencies of the State of New York. In addition, a truck mounted mobile applicator may be used for the installation of longitudinal lines. This pavement marking machine shall combine the specifications of the above described kettle and applicator in one self- contained unit. 12.4 - BASIS OF PAYMENT Payment shall be made under Item 12 at the price bid for the actual number of linear feet of four-inch-wide pavement marking material measured along the center of the surface stripe. No Payment will be made for the number of linear feet of space in the dashed line. Payment fw aarkisgs wider than four inches will be made at contract price per foot of the four-inch line multiplied by the actual width in inches divided by four. Payment for arrows shall be made as equivalent to SO meet of four-inch line per arrow. 'iii-s item will be paid for at the contract unit price por linear fit of form-inch-wider pavement marking. The unit price bid shall aglatde lull compensation for furnishing all material., equipment, labor, and tac dentales necessary to satisfactorily complete the work. All material includes topdressing beads. 28 PM - 5 of 5 HOLZMACHER. MCLENDON&MURRELL.P.C. COgUITMp ENMNEEM.EMIMIOMMENtK fpEMtNt{rN�IAMMEM ADDITIONAL EXCAVATION AND BACKFILL ITEM 14 1.4.1 - SCOPE The work includes the furnishing of all labor, materials, equip- ment and appliances necessary to perform, 'stockpile and dispose of additional excavation, furnish and place additional selective backfill, perform and dispose of rock excavation in accordance with the speci- fications. as ordered by and to the approval of the Engineer. 14.2 - STOCKPILING OF SURPLUS MATERIALS The Contractor. shall stockpile all materials that are excess from excavaatfs that are suitable for reuse under this section of the specifications. . The .excess materials from excavations shall be stock- pied on property provided by and at -the expense of. the Contractor. When ordered by the Engineer to provide backfill, the Contractor shall utilize all of the material stockpiled prior to furnishing "addi- tional backfill", for which separate payment will be made. At the completion of construction, all excess materials stock- piled will become the property and responsibility of the Contractor. There shall be no payment for maintenance of the stockpile herein described nor shall there by payment for rehandling any materials in the stockpile to incorporate it into the work. Payment shall be made only for the additional excavation required, if any, to remove unsuit- able materials from beneath normal excavation lines. 14.3 - DESCRIPTION 14.. 3.1 - Additional Backfil;j ,Shall consist of crushed stone or bank Ni sated and gravel, free from organic or other unsuitable material, and of approved size, grade and quality for use as indicated on the plans where directed by the Engineer. Prior to use, the Contractor shall submit for Engineer's approval, a sieve analysis of the special backfill. The material shall be of such size that not more than 70 percent by weight shall pass the No. 40 mesh, sieve and not more than lS percent by weight shall pass the No. 200 mesh sieve. 14.3,2 - Additional Excavation Shall consist of .the removal and dispose o .any unsuitable oun anon material encountered during any pavement construction. Suitability of various materials as a foundation material will be decided by the Engineer. 6 a AE&B 1 of 3 29 HOLZMACHER. MCLENDON 6 MURRELL.P.C. CpNNILfMq EMOMr!!M.[NMIIOMYIMtK giNTNf{.M RAMINM ADDITIONAL EXCAVATION AND BACKFILL (CONT'D. ) 14.3. 3 - Rock Excavation - Shall be classified as boulders, hard and solid ledge rock and other similar materials of more than one-half cubic yard (h c.y. ) volume. 14.4 - PLACING ADDITIONAL BACKFILL Additional backfill shall be spread in layers not exceeding 6-inches in thickness and shall be thoroughly compacted to prevent settlement. Any settlement in the finished work shall be made good by the Contractor at his own- cost and expense. 14.5 - BASIS aF PAYMENT Payment will be made at the unit price bid under Item 14A for the actual wimber of cubic yards of Additional Backfill as explained in Section 14.3.1, for additional selective backfill as ordered by the Engi- neer that is not already stockpiled by the Contractor for work ordered by the lagneer outside the prescribed limits as detailed on the plans or indicated in the specifications. No measurement and payment will be made for additional backfill used in unauthorized areas. The price bid per cubic yard for additional backfill shall include necessary ex- cavation and disposal and shall cover the cost of all materials and expenses incidental to the furnishing, placing and compacting the addi- tional backfill in the completed work, in accordance with the specifica- tions, or the Engineer's directions. Bids gn Item 14A shall not be Less than $2:00 nor more than $10.00 per cubic yard. Payment will be made under Item 14B at the unit price bid per cubic yard for additional excavation for the actual number of cubic yards removed below subgrade. Additional, excavation shall be performed only when authorized by the Engineer-. Bids on Item 14B shall not be less than $2.00 nor more than $14.00 per cubic yard. Payment for rock excavation will, be made at the unit price bid for Item 14C and shall be for the. actuAl number -of"- cubic yards of Ledge .rock or boulders that must be removed in; order to pr©videthe proper subbase for pavement construction. In the excavation for pavement construction, the unit price to be paid for the rack excavation shall be the additional cost per cubic yard for rock excavation. No payment shall be made nor shall, measurement be made by any rock or boulder removed which did not exceed one-half cubic yard ( c.y. ) 6 in volume. 2 AE&B - 2 of 3 30 HOLZMACHER. McLENDON 6 MURRELL.P.C. CON"TN/0[NON aft ENVNI1 PIT"WOUTISTS rN 14ANW#w ADDITIONAL EXCAVATION AND BACKFILL (CONT'D. ) ` Bids on Item 14C shall not be less than $3.00 nor more than $50.00 per cubic yard. Payment under these Items shall include furnishing all labor, mate- rial, equipment and incidentals necessary to perform additional excava- tion, furnish and place additional backfill and perform rock excavation. z 6 2 AE&B - 3 of 3 31 HOLZMACHER, MCLENDON 6 MURRELL. P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS ASPHALT CONCRETE TRUING AND LEVELING COURSE Y ITEM 51-TL 51. 1 SCOPE Under this Item the Contractor shall furnish and place a truing- up or leveling course over the existing pavement surface in accordance with the provisions of Item 51-TL of the "SUFFOLK COUNTY PUBLIC WORKS SPECIFICATIONS OF NOVEMBER 1, 1968", as amended. 51.a "$I8 OF PAYMENT The unit price bid per ton for this Item shall include the cost of furnishing all materials, labor and equipment necessary to construct the truing and leveling course, as required by the Plans and as ordered by the Engineer. 1 0 L 32 ACTL - 1 of 1 HOIZMACHER. McLENDON 6 MURRELL. P.C. / H2M CORP. CONSULTING ENGINEM8 AND ENVIRONMENTAL SCIEHTISTS ASPHALT CONCRETE, TYPE 1A (TOP COURSE) • ITEM 51-FZ 1.0 - SCOPE Under this Item the Contractor shall furnish and place a one- course layer of top mix to the required thickness as shown on the plans, in accordance with the provisions of Item 51-FZ of the SUFFOLK COUNTY PUBLIC WORKS SPECIFICATIONS OF NOVEMBER 1, 1968", as amended. 1. 1 - BASIS OF PAYMENT The unit price bid per ton for this Item shall include the costs for all labor, equipment and materi4l s necessary to construct the top course as required by the Plans and these Specifications. Included in the unit price bid for this Item shall be thO cost to construct all re- quired "V" grooves and the cost to thoroughly sweep clean the existing roadway surface prior to any paving operations. 1 0 1 i ACTC - 1 of 1 33 HOIZMACHER, MCLENDON &MURRELL, P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS INDEMNITY, LIMITATION OF LIABILITY 1 . INDEMNITY The Contractor and all sub-contractors performing work in connection with this contract shall HOLD - HARMLESS, INDEMNIFY and defend the OWNER and ENGINEER, their consultants, and each of their officers, agents and employees from any liability, claims, losses or damage including reason- able costs of defense arising out of or alleged to arise from the Con- tractor' s or sub-contractor' s negligence in the performance of the work described in the Contract documents, but not including liability that may be due to the sole negligence of the OWNER, ENGINEER or their officers, agents and employees. 2. LIMITATION OF LIABILITY The Contractor and all sub-contractors agree to limit the liability of the OWNER and ENGINEER due to the Engineer' s professional negligent errors or omissions such that the total aggregate liability of the engineer to those named shall not exceed fifty thousand ( $50,000 . ) dollars, or 5% of the contract award amount, whichever is greater. 1 0 0 ILL 1 of 1 MULAAAM,M M. MCILfVLAJr a MUnnLu. r•%.• / eaAm ••••••r• CONlULnma ENGINEIAA ANO ENVINONMOdTAI SCIENTIM CONTRACT CONTRACT IN QUADRUPLICATE FOR AT TOWN OF SOUTHOLD, SUFFOLK COUNTY , NEW YORK , dated 11 19 , BY AND BETWEEN THE 'TOWN BOARD OF THE TOWN OF SOUTHOLD. SUFFOLK COUNTY, NEW YORK , (herein called the "Town, " and (herein called the "Contractor" ) . WITNESSETH , that the Town and the Contractor, in consideration of the premises and of the mutual covenants , considerations and agreements herein contained , agree as follows: This Contract is hereby awarded to the Contractor for the work and material called for under his bid in the Proposal section of the Contract and designated as Items: and if required by the Consulting Engineer, Items: for the sum of: Dollars for the unit and/or lump-sum price(s) as listed in the Proposal herein. C-1 HOIZMACHER. MCLENDON a MURRELL, P.C. / H2M CORP. CONSULTING ENGINEER/ AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT' D. 1 . CONTRACT DOCUMENTS AND DEFINITIONS The Notice to Bidders, Information for Bidders, Proposal , General Conditions, Contract , Specifications and Plans, together with any Addenda , shall form part of this Contract , and the pro- visions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. The titles, headings, head- lines 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 Docu- ments" is used, it shall mean and include this Contract , the Plans, Specifications, any Addenda, and the Notice to Bidders, Information for Bidders, General Conditions and Proposal. In case of any con- flict or inconsistency between the provisions of the Contract and those of the Specifications, the provisions of the Contract shall govern. WORK: The ' term "Work" , as used herein, refers to 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 completed project , and includes all plant , labor, materials, supplies, equipment and other facilities and acts necessary or proper for or incidental to the carrying out and completion of the terms of this Contract. The term "work performed" shall be construed to include material delivered to and suitably stored at the site of the project. EXTRA WORK: The term,"Extra Work" , as used herein, refers to and includes all work required by the Town which, in the judgment of the Engineer, involves changes in or additions to work required by the Plans, Specifications and any Addenda in their present form. SUBCONTRACTOR: The term "Subcontractor" , as used herein, shall mean any person, firm or corporation applying labor and material for work at the site of the project , but not including the parties to this Contract. ENGINEER: In the performance of the work, the Town shall • be represented by its Consulting Engineer HOLZMACHER, McLENDON & MURRELL, P.C. , (herein called the "Engineer") . C-2 HOLZMACHER. McLENDON & MURRELL. P.C. / H2M CORP. CON3ULTIND ETIOINEEA• AND ENVIRONMOJTAL SCIENTISTS CONTRACT - CONV D. NOTICE - Tile 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 the last known business address of , the person, firm or corporation for whom intended or to his, their, or its duly authorized agents, representatives or officers, or when enclosed in a postage prepaid wrapper or enve- lope addressed to such person, firm or corporation at his, their, or its last known business address and deposited in a United States Mail Box. 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, designa- tion or prescription of the Engineer, and "approved", "satisfied" , or "satisfactory" , "in the judgment of" , and words of like import, shall mean approved or acceptable to, or satisfactory to, in the judgment of the Engineer. 2. SCOPE OF THE WORK The Contractor will furnish all plant , labor, material, 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 the Contract . 3. COMPENSATION TO BE PAID TO THE CONTRACTOR (a) Agreed Prices: It is understood and agreed that the Con- tractor 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 reason of variations from the estimated quantities set forth in the Proposal. (b) Extra Work and/or Changes : The Town 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 : C-3 HOLZMACHEA, McLENOON 6 MURR" P.C. / H2M CORP. COMULTINO ENGIMM& ANO ENVIRONMEWAL BCIE]rTM CONTRACT - CONT'D. (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 prices or by a lump sum mutually agreed upon by the Town and the Con- tractor, or (3) If no such unit prices are 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, or 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 percent (20%) as full compensation for all other items of profit , costs and expenses, including administration, overhead, superintendence, insurance, insurance other than Workmen 's Compen- sation Insurance, material used in temporary structures, allowances made by the Contractor to subcontractors, additional premiums upon the Performance Bond of the Contractor and the use of small tools. 4 . TIME OF ESSENCE Inasmuch as the provisions of this Contract relating to the time for 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 pro- visions are of the essence. of thip Contract. S. COMMENCEMENT OF WORK The Contractor agrees that he will commence work within ten 00) consecutive calendar days after signing this Contract, and that the day fie commences work shall constitute the first of the consecutive calendar days allowed for completion of the work. C-4 HCLZMACHER, MCLENDON 6 MURRELL, P.C. / H2M CORP. CONSULTING ENOINUM AND WVIIIONMENTAL SCIENTISTS CONTRACT - CONT'D. 1 6. TIME FOR COMPLETION The time for completion of this Contract shall be within the number of calendar days stated in the Bid Proposal and the date of such completion shall be the date of the certificate of com- pletion hereinafter specified. The Town reserves the right to order the Contractor to suspend operations when, in the opinion of the Engineer, impro- per weather conditions make such action advisable, and to order the Contractor to resume operations when weather and ground con- ditions permit. The days during which such suspension of work is in force are not chargeable against the specified completion time. 7. LIQUIDATED DAMAGES FOR DELAY The time limit being essential to and of the essence of this Contract, the Contractor hereby agrees that the Town 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 two hundred and fifty dollars ($250.00) per day 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 Town 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, provided, however, that the Town 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 completign of his 4 work by reason of unforeseeable causes beyond his control and with- 2 out his fault, or negligence, including but not restricted to Acts of God or of any public enemy, acts or neglect of the Townt acts or neglect of any other Contractor, fires, floods, epidemics, quarantine restrictions, strikes, riots, civil commotion 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 Town. No such extension of time shall be considered a waiver by the Town of its right to terminate the Contract for abandon Mont or delay by the Contractor as hereinafter provided or relieve the Contractor From full responsibility for performance Of his obliga- tions hereunder. C-5 RT HOLZMACHER, MCLENOON & MURRELL, P.C. / H2M CORP. CONSULTING U40INEERB AND ENVIRONMMrAL SCIENTIM CONTRACT - CONT' 1). 9. CONTRACT SECURITY (a) The Contractor shall furnish a Performance Bond in an amount equal to one hundred percent ( 100`;0) of the total. contract price as security for the faithful performance of this contract , and for the payment of all persons performing labor or furnishing mater- ials in connection with this Contract . (b) Additional or Substitute Bond : If, at any time, the Town shall be or become dissatisfied with any surety or sureties , then upon the Performance Bond, or if , for any other reason , such bond shall cease to be adequate security to the Town , the Contractor shall , within five (5) days after notice from the Town, substitute an acceptable bond in such form and sum, and signed by such other surety as may be satisfactory to the Town . The premiums on such bonds shall be paid by the Contractor. No further payments shall be deemed due, nor shall be made until the new surety shall have been qualified. (c) Prior to release of the Performance Bond, the Contractor shall deliver . to the Town a Maintenance Bond equal to one hundred percent (100%) of the total Contract price, including all extras. This Maintenance Bond shall remain in full force and effect for a period of one (1 ) year after the date of the final certificate and such bond, which shall be executed by the Contractor and issued by a reliable, solvent surety company authorized to do business inthe State of New York shall guarantee to the Town that the Contractor shall promptly remedy any defects or faults that may occur within twelve (12) months after completion and acceptance of the work performed by the Contractor pursuant to this Contract. 10. CONTRACTOR'S INSURANCE The Contractor thelTownnot all ofcommence -any insuranceuntil requiredhas underobtained and had approve y this Contract , as enumerated herein : Compensation Insurance Public Liability and Property Damage Insurance Contractor' s Protective Liability and Property Damage Insurance Owner' s (Town of Southold) and Engineer' s Pro- tective Public Liability and Property Damage Insurance Automobile Public Liability and Property Damage Insurance C-6 HOLZMACHER. MCLENDON 6 MURRELL. P.C. / H2M CORP. CON3ULTINa ENOIMMS AND ENVIRONMENTAL SC1ENTIM CONTRACT - CONV D. The Contractor shall not permit any subcontractor to commence any operation on the site until satisfactory proof of carriage of the above required insurance has been posted with, and approved by, the Town. (a) Compensation Insurance: The Contractor shall take out and maintain, during the life of this Contract, Workmen's Compensation Insurance for all of his employees employed at the site of the pro- ject , and in any case of any of the work being sublet, the Contractor shall require the subcontractor similarly to provide Workmen's Com- pensation Insurance for all of the latter's employees, unless such employees are covered by the protection afforded by the Contractor. (b) Public Liability and Property Damage Insurance: The Con- tractor shall take out and maintain during the life of this Contract such Public Liability and Property Damage Insurance as shall pro- tect him and any subcontractor performing work covered by this Contract for 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 , whether such opera- tions be by himself or by any subcontractor, or by anyone directly or indirectly employed by either of them, and the amounts of such insurance shall be as follows: Public Liability Insurance in the amount not less than Five Hundred Thousand Dollars ($500,000. ) for bodily injuries, including wrongful death to any ones person, and subject to the same limit for each person in an amount not less than One Million Dollars ($1,000,000. ) on account sof one accident. Property Damage Insurance in an amount not less than One Hundred Thousand Dollars ($500,000. ) for damages on account of any one accident and in an amount of not less than Two Hundred Thousand Dollars ($1 ,000,000. ) for damages on account of all accidents. (c) Liability and Property Damage Insurance: The above policies for public liability and property damage insurance must be so written as to include Contractor 's Protective Liability and Property Damage Insurance to protect the Contractor against claims arising from the operations of any subcontractor. C-7 HOLZMACHER. MCLENDON & MURRELL. P.C. / H2M CORP. CON3ULTINO ENGINEERS AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT' D. (d) Owner's and/or Engineers Protective Public Liability and Property Damage Insurance: (Town and/or Town Board, Town of Southold and/or Holzmacher, McLendon & Murrell, P.C. ) The Con- tractor shall furnish to the Town with respect to the operations he or any of his subcontractors perform, a regular Protective Public Liability Insurance Policy for and in behalf of the Town and/or Town Board, Town of Southold and/or Holzmacher, McLendon & Murrell, P.C. , providing for a limit of not less than $500,000. for all damages arising out of bodily injuries to, or death of one person and subject to that limit for each person, a total limit of $1,000,000. for all damages arising out of bodily inju- ries to, or death of, two or more persons in any one accident ; and regular Protective Property Damage Insurance providing for a limit of not less than $500,000. for all damages arising out of injury to, or destruction of, property in any one accident and subject to that limit per accident a total (or aggregate) limit of $1 , 000,000. for all damages arising out of injury to, or des- truction of property during the policy period. The insurance must fully cover the legal liability of the Town and/or Town Board, Town of Southold as owner and/or Holzmacher , McLendon & Murrell, P.C. The coverage provided under this policy must not be affected if the Town and/or Engineer performs work in connection with the project either for , or in cooperation with, the Contractor or as an aid there- to, whether the same be a part of the Contract or separate there- from, by means of its own employees or agents, or if the Town and/or Engineer directs or supervises the work to be performed by the Contractor. (e) Automobile Public Liability and Property Damage Insurance: The Contractor shall take'-out and maintain during the life of the Contract such automobile public liability and property damage insurance as shall protect him and any subcontractor performing work covered by this contract 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 Con- tract, whether such operations be by himself or by any subcontractor, or by anyone directly or indirectly employed by either of them and the amounts of such insurance skull be as follows : or C-8 HOIZMACHER. MCIENDON & MURRELL., P.C. / H2M CORP. CON3UITING ENGINEER• AND ENVIRONMENTAL SCIENTIM CONTRACT - CONT'D. i Automobile Public Liability Insurance in an amount not less than Five hundred Thousand Dollars ($500,000. ) for bodily injuries , including wrongful death by any one person, and subject to the same limit for each person in an amount not less than One Million Dollars ($1,000,000. ) on account of one accident. Automobile Property Damage Insurance in an amount of not less than One Hundred Thousand Dollars ($100,000. ) for damages on account of any one accident and in an amount of not less than Two Hundred Thousand Dollars ($200,000. ) for damages on account of all accidents. 11 . PROOF OF CARRIAGE OF INSURANCE The Contractor shall furnish the Town with certificates of each insurer insuring the Contractor or any subcontractor under this Contract , except with respect to subdivision (d) of Paragraph 10. In respect to this paragraph, the Contractor shall furnish the Town with the original insurance policy and a copy to the Engineer. { Both certificates, as furnished, and the insurance policy, as required, shall bear the policy numbers, the expiration date of the policy and the limit or limits of liability thereunder. Both the certificates and the policy shall be further endorsed to provide the Town and Engineer with any notice of cancellation at least five (5) days prior to the actual date of such cancellation. C-9 HOLZMACHER. McLENDON 6 MURRELL. P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVORONM04TAL SCIENTISTS CONTRACT - CONT" D. 12. COMPLIANCE WITH LABOR AND PENAL 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 Laws, as amended, provide 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 con- templated by this Contract , shall be permitted or required to work more than eight (8) hours in any one 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, except in such emergency; that the wages to be paid for a legal day's work as hereinbefore defined, to laborers, workmen, or mechanics upon the work called for under this Con- tract, or for any materials 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 outside the limits of cities and villages are no longer exempt from the pro- visions of the Labor Law which required the payment of the pre- vailing rate of wages and the eight (8) hour day. Section 222 of the Labor Law, as amended by Chapters 556 and 557 of the Laws of 1933, provides that preference in employ- ment shall be given to citizens oaf 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 satis- factory 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 Con- tractor 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 (30) days nor more than ninety (90) days, or both fine and imprisonment. C-10 HWMACHER, McLENDON 6 MURRELL. P.C. / HZM COMM CON3ULTINO ENOINECRI AND ENVIRONMENTAL WENTIM CONTRACT - CONT' D. Section 220A of the Labor Law, as amended by Chapter 972 of the Laws of 1932, provides that before payment is made by or on behalf of the State or 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 sub- contractor to file a certified statement in writing, in satis- factory 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 Contract, 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 payment to any Contractor or subcontractor to the extent of the amount or 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 other reason, it may be deemed advisable, the Comptroller of the State or other financial officer of the Municipal Corporation may deduct from the whole amount of any payment on account thereof the sum or sums admitted by any Contractor or subcontractor in such statement or statements so filed to be due and owing by him on account of labor per- formed 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 Con- tractor or subcontractor and may pay directly to any person the amount or amounts so .s,hown 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, recon- struction, maintenance and/or repair of highways to which the State, County, Town and/or Village is a party shall contain the provision stating the minimum rate of hourly wage that can be .6 paid, as shall be designated by the Industrial Commissioner, 2 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 C-11 HOIZMACHER. MGLENDON 6 MURRELL. P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT'D. 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 by both 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 or 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 Com- missioner, State of New York, for this Contract , are as set forth in the Information for Bidders. Section 1918 of the Penal Law, as amended, provides that 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 of such street, highway or public place, or in the case of a proposed discharge 4f explosives within a radius of two hundred feet of such discharge, any pipe of any person, corporation or municipality conveying combustible gas, and if 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 disharge explosives to protect a person or persons from an immediate and substantial danger of death or serious personal in- jury if such notices are given before any such discharge is under- taken. Any such work shall be performed in such manner as to avoid damage to pipe conveying combustible gas. Any violation of the provisions of this Section shall be a misdemeanor. Im C-12 HOLZMACHER. McLENDON 6 MURRELL, P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTIM CONTRACT - CUNT' 1). 13. (QUALIFICATIONS FOR EMPLOYMENT No person under the age of sixteen (16) years, and no person currently serving sentence in a penal or correctional institution shall be employed to perform any work on the project under this Contract . No person whose age or physical condition is such as to make his employment dangerous to his health or safety , or the health and safety of others, shall be employed to perform any work on this project ; provided , however, that such restriction shall not operate against the employment of physically handi- capped persons , otherwise employable, where each person may be safely assigned to work which they can ably perform. 14. NON-DISCRIMINATION There shall be no discrimination because of race, creed or color in the employment of persons for work under this Contract , whether performed by the Contractor or any subcontractor. Neither shall the Contractor or any subcontractor discriminate in any manner against or intimidate any employee hired for the perform- ance of work under this Contract on account of race , creed or color. There may be deducted from the amount payable to the Con- tractor by the Town 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 Con- tract may be canceled or terminated by the Town and all monies due or to become due hereunder may be forfeited. 15. PAYMENT OF EMPLOYEES The Contractor and each of his subcontractors shall pay each of his employees engaged in work on this project tinder this Contract in full ( less deductions made mandatory by law) in cash and not less often than once each week. C-13 IF-6W HOLZMACHER, McLENDON&MURRELL,P.C. CONTRACT - CONT'D. 16. ESTIMATES AND PAYMENTS (a) Monthly: At the end of each calendar month during the progress of the work, the Engineer shall make up an approximate estimate of the work done and the materials furnished, based upon the prices set forth in the Proposal. In consideration of the work done and the materials furnished, the Town will pay or cause to be paid to the Contractor the amount estimated by the Engineer as due him less a sum equal to five percent (5x) of such amount and less such additional amount as may be necessary to satisfy any claims, liens or judgments against the Contractor which have not been suitably discharged. The making of any such estimate or payment made thereon shall not be taken or construed as an acceptance by the Engineer or the Town of any work so estimated and paid for. The amount of the monthly estimate remaining unpaid will be retained by the Town as a guarantee that the Contractor will faithfully and completely fulfill all obligations imposed by the Contract and Specifications, and against any damages incurred by the Town by reason of any failure on the part of the Contractor to fulfill all conditions and obligations herein contained. All partial payments are subject to correction in any subse- quent payment. The retained amounts shall be paid as set forth in 16b. The Contractor shall receive payment within ten (10) days after the Town receives payment from the New York State Department of Transportation. (b) Final Certificate: Thirty (30) days after the Contractor shall have substantially completed the work required of it under the Contract, the Engineer will prepare a final certificate of the remaining amount of the Contract balance less a sum equal to two (2) times the value of any remaining items to be completed and less an amount necessary to satisfy any claims, liens or .judgments against the items of work are satisfactorily completed or corrected, the Town shall promptly pay, upon receipt of a requisition for these items less an amount necessary to satisfy any claims, liens or judgments against the Contractor which have not been suitably discharged. Any claims, liens and judgments referred to in this section shall pertain to the project and shall be filed in accordance with the terms of the applicable Contract and/or applicable laws. The Contractor shall receive payment within ten (10) days after the Town receives payment from the New York State Department of Transpor- tation. (c) In order to secure the performance of the convenant of the Contractor, prior to release of the Performance Bond, the Contractor shall deliver to the Town a Maintenance Bond equal to one hundred percent (100%) of the total Contract price, including all extras. This Maintenance Bond shall remain in full force and effect for a period of one (1) year after the date of the final certificate and such bond, which shall be executed by the Contractor and issued by a reliable, solvent surety company authorized to do business in the State of New York shall guarantee to the 8 Town that the Contractor shall promptly remedy any defects or faults that 2 may occur within twelve (12) months after completion and acceptance of the work performed by the Contractor pursuant to this Contract. C-14 HOLZMACHER, McLENOON d MURRELL, F.C. / H2M CORP. CONlULTINQ ENGINEER& AND ENVIRONMENTAL SCIENTIM CONTRACT - CONT' D. (d) Measurements for Payment : The Engineer shall make due measurement of the work done during the progress of the work and his estimate shall be final and conclusive evidence of the amounts of work performed by the Contractor under, and by virtue of, this agreement , and shall. be taken as the full measure of compensation to be received by the Contractor. When requested by the Contractor, the Engineer shall measure , re-measure or re-estimate any portion of the work; but the expense of such re-measurement or re-estimating shall , unless material error be proved, be paid for by the Contractor. 17. 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 Town from all claims and all liabilities to the Contractor for all things done or furnished in connection with this work and for every act and neglect of the Town and other relating to, or arising out of , this work, excepting the Contractor's claims for interest upon the final payment , if this payments be improperly delayed. No payment , however, final or otherwise, shall operate to release the Contractor or his sureties from any obligations under this Contract or the Performance Bond. 18. CONSTRUCTION REPORTS The Contractor shall submit to the Engineer prior to the commencing of any work under this Contract a detailed schedule and plan of operation, indicating the manner in which the Contractor proposes to prosecute the work, and a time schedule therefore. 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 Contractor shall furnish the Engineer with periodic esti- mates for partial payments as required elsewhere in the Contract documents and, in addition thereto , will furnish the Engineer with a detailed estimate for final payment . Prior to being eligible to receive 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 other than the Town as may be required by such existing laws or regulations. C-15 HOLZMACHER, MCLENDON & MURRELI., P.C. / H2M CORP. CON]ULTINO ENGINEER& AND ENVIRONMENTAL SCIENTISTS CON,rRACT - CONT' D. J 19. INSPECTION AND TESTS All material and workmanship shall be subject to inspection, examination and test by the Engineer and other representatives of the Town at any time during the construction and at any and all places where manufacturing of materials used and/or construct- tion is carried on. Without additional charge , the Contractor shall furnish promptly all reasonable facilities, labor and materials neces- sary to make tests so required safe and convenient . If, at any time, before final acceptance of the entire work, the Engineer considers necessary or advisable an examin- ation 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 expenses of or 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 examin- ation and reconstruction in the manner herein provided for the payment of costs of extra ,work. The selection of laboratories- and/or agencies for the in- spection and tests of supplies, materials or equipment shall be subject to the approval of the Engineer. Satisfactory documen- tary evidence that the material has passed the required inspec- tion and test must be furnished the Engineer prior to the incor- poration of the material in the work. Any rejected work skull be removed from the site of the project completely at the expense of the Contractor. C-16 HOLZMACHER, MGLENDON 6 MURRELL. P.C. / H2M CORP. CONSULTING ENOINEEAS AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT' D. 20. 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 on the Plans shall have the same effect as if shown or mentioned respectively in both. In case of any conflict or inconsistency between the Plans andbetween Specifications , the Plans shall govern. Any Pancy the figures and specifications shall be submitted to the Engineer, whose decision therein shall be conclusive. 21. SUBSURFACE CONDITIONS FOUND DIFFERENT Should the Contractor encounter subsurface conditions at the site materially differing from those shown on the Plans or indi- cated 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 adjustdadditionalmanner workprovided changesherein for adjustment as to extra and/or 22. CONTRACTOR'S TITLE TO MATERIALS No material or supplies for the work shall be purchased by the Contractor or by 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 supe lies used by him in the work. 23 . SUPERINTENDENCE BY CONTRACTOR At the site of the work the Contractor shall employ a Con- struction Superintendent or foreman who shall have full authority to act for the Contractor. It is understood that such represen- tative shall be acceptable to the Engineer and shall be one who can be continued in to beaoncil apacity Contractoresparticular job involved unless he ceases C-17 HOLZMACHER, MCLENDON 6 MURRELL. P.C. / H2M CORP. CONSULTING ENGINELR/ AND ENVIRONM(NTAL 6CIENTIS" CONTRACT - CONT' 1) a 24 . PROTECTION OF WORK PERSONS AND PROPERTY Precaution shall be exercised at all times for the proper protection of all persons , property and work. The safety pro- visions of applicable laws , building and construction codes shall be observed. Machinery equipment and all hazards shallbe guarded or eliminated in accordance with the safety provisions of the Manual of Accident Prevention in Construction, the extent published by the Associated General Contractors of America , 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 Town or its Engineer to adequately safeguard the traveling public . The Contractor shall give notice to the owners of all utilities which may serve the area and request their assistance in pre- determining the location and depth of the various pipes , conducts , manholes and other underground facilities . The Contractor shall, at all hours of the day , safely guard and protect his own work and adjacent property from anyor nor damage and shall replace or make good any such damage, lossinjury unless such be caused directly by errors contained in the Contract documents , or by the Town or its duly authorized representatives . The Contractor shall provide and maintain such owwatchmen, barriers , lights , flares and other signals , at his as will effectively prevent any accident in consequence of his work for which the Town might be damagebcausedhbyChisractoor shall be liable for all injury o neglect, or that of his employees: 25. PATENT RIGHTS As part of his obligation hereunder and withoutany ad- ditional compensation, the Contractor will pay for any tent fees or royalties required in respect to the work or any part thereof and will fully indemnify tlieown for tiglltsy unlessloss prior account of any infringement oaent r to his use in the work of a particular process s , a product of a particular manufacturer, he notifies the Town in writing atent. that such process or product is an infringement of a p C-18 HoIZMACHER, MLLENDON 6 MURRELL. P.C. / HYM CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT' D 26. REPRESENTATIONS OF CONTRACTOR The Contractor represents and warrants : (a) That he is financially solvent and that he is experienced in and competent to perfrom the type of work involved under rathis Contract and able to furnish the plant materials , supplies equipment to be furnished for the work; and (b) that he is familiar with all Federal , State and Municipal Laws , 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 it is intended and that such construc- tion 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 investigation he has satisfied himself as to the nature and location of the work, the character, location, quality and quantity of surface and sub- surface materials , structures and utilities likely to be encountered, the character of equipment, and other facilities needed for the performance of the work, the general local conditions which may in any way affect the work or its performance. z 27. 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 all 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 d her questions in connection with the work. Upon request , the Engineer shall confirm in writing any oral orders , directions , requirements or determinations . The enumeratiai herein or elsewhere in the contract documents of particular instances in which the opinion, judgment, 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 I, but without exception all the work governed and so performe shall be governed and so performed. C-19 I�u HOLZMACHER, McLENDON&MURRELL.P.C. `■ 'LJ� CONSUITINOENWHUM.EMVNIONMENTALSOENTNITI<.dP ANNENE CONTRACT - CONT'D t 28. SURVEYS The Engineer will furnish the Contractor with the benchmarks necessary to complete the work._ All further layout of lines and grades will be the responsibility of the Contractor. 29. CHANGES AND ALTERATIONS The Town reserves the right to make alterations in the location, line, grade, plans, form or dimensions of the workf or any part thereof, either before or after the commencement of the 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. I.f 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, 30. CORRECTION OF WORK All work and all materials, whether incorporated into the work or not, all processes of manufacture and. all methods of con- struction shall be, at all times and places, subject to the in- spection 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 reconstructedf made good and replaced and/or corrected as the case may be, by the Contractor at his own expense. Rejected materials shall im- mediately be removed from the site. 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 judgment of the Engineer, shall be equitable. The Contractor expressly warrants that his work shall be 6 free from any defects in materials or workmanship, and agrees 2 to correct any defects, settlements, or shrinkages which may appear within one year following the date of the final certi- ficate. Neither the acceptance of the completed work nor SOHT C-20 81-01 HWMACHER, MCLENDON & MURRELL. P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT' D. payment therefor shall ll o erate to release the Contractor or his y sureties from any obligations under or upon this Contract or the Performance Bond. 31. WEATHER CONDITIONS In the event of temporary suspension of the 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 materials shall have been damaged or injured by reason of the failure on the part of the Contractor or any of his subcontractors tprotect andhis , replacedtheir tUe�•expense ofk, such rtheand materials shall be removed Contractor. 32. THE TOWN' S RIGHT TO WITHHOLD PAYMENTS • The Town may withhold from the Contractor so much of any i, approved payments due him as may, in the judgment of the Town, be necessary: (a) To assure the payment Jsupplying labor oust claims then re and unpaid of any persons materials for the work; (b) To protect the -Town from loss. due to defec- tive work not remedied, or (c) To protect the Town from loss due to injury to persons or damage to the work or property of other contractors or subcontractors or others , caused by tte act or neglect of the Contractor or any of his subcontractors . The Town small have the right , as the Contractor, to apply any such amounts so � withheld in such manner as the Town may deem proper to satisfy such claims or to secure such protection. Such application of such money shall be deemed payments for the account of the Contractor. C-21 HOLZMACHER. MGLENOON & MURRELL. P.C. / H2M CORP. CON3ULTINO ENGINEERS ANO ENVIRONMENTAL SCIENTIST CONTRACT - CONT' D. 33. THE TOWN 'S RTG11T TO STOP WORK OR TERMINATE CONTRACT: Ir, (a) The Contractor shall. be adjudged bankrupt or make an assignment for the benefit of creditors , or (b) A receiver or liquidator shall be appointed for the Contractor for any of his property and shall not be dismissed within 20 days after such appointment , or the proceedings in connection therewith shall not be stayed on appeal within the said 20 days , or (c) The Contractor shall refuse or fail , after notice or warning from the Engineer , to supply enough properly skilled workmen or proper materials, or (d) The Contractor shall refuse or fail to prosecute the work or any part thereof with such diligence as will insure its completion within the period herein specified (or any duly authorized extension thereof) or shall fail to complete the work within said period , or (e) The Conti-actor shall. .fail to make prompt payment 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 provision of this Contract , then, and in any such event , the Town, without prejudice to any other rights or remedy it may have, may by seven (7) days notice 'to the Contractor, terminate the employ- ment of the Contractor and his rights to proceed either as to the entire work or (at the option of the Town) 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 Town may deem expedient . In such case, the Contractor shall 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. C-22 n�waw�n�,//GhmcLam^xv at murtnLLL, r.1+. / ndm LA-Mr. CON3ULTINO ETIOINEEA• ANO ENVIRONM(NTAL SCIENTISn CONTRACT - CUNT'U. If such expense shall exceed the unpaid balance, the Contractor and his sureties shall be liable to the Town for such excess . If the right of the Contractor to proceed with the work is so terminated, the Town 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 Town does not so terminate the right of the Contractor to proceed, the Contractor shall continue the work. 34. CONTRACTOR' S RIGHT TO STOP WORK OR TERMINATE CONTRACT If the work shall be stopped by order of the Court or any other public authority, for a period of three months without act or fault of the Contractor or of any of his agents , servants , em- ployees or subcontractors , the Contractor may, upon ten (10) days notice to the Town, discontinue his performance of the work and/or terminate the Contract , in which event the liability of the Town to the Contractor shall be determined as provided in the paragraphs immediately preceding, except that the Contractor shall not be obligated to pay to the Town any excess of the expense of completing the work over the unpaid balance of the t compensation to be paid to the Contractor hereunder. 35. RESPONSIBILITY OF WORK The Contractor agrees to be responsible for the entire work embraced in this Contract unt*1 its completion and final acceptance, and that any unfaithful or imperfect work that may become damaged from any cause, either by act of commission or omission to properly guard and protect the work that may be dis- covered at any time before. the completion and acceptance shall be removed and replaced by good and satisfactory work without any charge to the Town 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 of any work by the Engineer at or before the time of a partial payment -or other estimate shall not be construed to be an acceptance of any defective work. C-23 NOLZMACHER, McLFNDON & MURRELL. P.C. / N2M CORP. CON3ULTINO ENOINEERS AND ENVIRONMENTAL SCIENTISTS CONTRACT - COW, i). 36. USES OF PREMISES AND REMOVAL OF DEBRIS The Contractor expressly undertakes at his own expense: (a) to take every precaution against injury to persons or damages to property ; (b) to store his apparatus , materials , supplies and equip- ment 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 ; or other contractors ; (c) to place upon any of the completed work only such super- imposed loads as are consistent with the safety of that portion of the work; (d) 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 and orderly and workmanlike appearance ; (e) before final certificate, to remove all surplus material, temporary structures , plants of any description and debris of any and every nature resulting from his operations and to put the site in a neat and orderly condition. 37 POWER OF THE CONTRAC''OR TO ACT IN AN EMERGENCY In case of an emergency which_ threatens loss or injury to property and/or safety to life, the Contractor will be permitted to act as he sees fit without previous instructions from the En- gineer. He shall notify the Engineer thereof immediately there- after 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 in- structed 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. C-24 "LkIMAL HUH, MGLLIVLK)N d mummLLL, r.c. / ti1M LAmr. CON3ULTINO ENOINELRS AND ENVIRONMCNTAL SCIENTIST CONTRACT - CONT' 1). 38. SUITS AT LAW The Contractor shall indemnify and save Harmless the Town from and against all suits , claims , demands or actions for any injury sustained or alleged to be sustained by any party or parties in connection with the construction of the work or any part thereof, or any commission or omission of the Contractor, his employees or agents or any subcontractors and in case any such action shall be brought against the Town, the Contractor shall immediately take care of and defend the same at his own cost and expense. 39. 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 be read and 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 forthwith be physically amended to make such insertion. 40. 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 obtain- ing the written consent of the Town. This Contract shall endure to the benefit of and shall be binding upon the parties hereunder and upon their respective successors and assigns, but neither party shall assign or transfer his interest herein in whole or in part without consent of the other. 41. WAIVER OF IMMUNITY If any person, corporation, or body contracting with the Town, „ who when called before a grand jury , head of a city department , or other agency, which is empowered to compel the attendance of wit- ness and examine them under oath, to testify in an investigation concerning any transaction or contract had with the state, any polit- ical subdivision thereof, a public authority or with any public department , agency or official of the state or of any political sub- division thereof or of a public authority, refuses to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant question concerning such transaction or contract , then C-25 CONSULTING ENGMELA• AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT" 1). (a) such person, and any firm, partnership or corporation of which he is a member, partner, director or officer shall be disqual- ified from thereafter selling to or submitting bids to or receiving awards from or entering into any contracts with any municipal corp- oration or fire district , or any public department , agency or official thereof, for goods , work or services , for a period of five years after such refusal (b) any and all contracts made with the Town or any agency or official thereof, 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 Town 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. C-26 H(XLMACHtH, MCLILMOUN d MUHHtLL, ". / ,1[m wnr. CONSULTING ENGINEERS AND ENVIRONMENTAL 6CIENTIST3 CONTRACT - CONT' D. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. TOWN OF SOUTHOLD BY: (TOWN SEAL) William R. Pell III , Supervisor (SEAL) Contractor BY : TITLE: STATE OF NEW YORK ) ) ss : COUNTY OF SUFFOLK ) On the day of_ 19__, before me personally came William R. Pell III , to me known, who being by me duly sworn, did depose and say that he is the duly elected Supervisor of the Town of Southold, County of Suffolk , New York , and that at a meeting of the Town Board of the Town of Southold, duly held on the day of 19 the said Board, authorized the said Super- visor to execute all and any contracts on behalf of the Board; that he knows the seal of the said Town, that the Seal affixed to the foregoing instrument is its corporate seal ; that it was affixed thereto by order of the said Board , and that he signed his name thereto and executed the said instrument on behalf of the said Town by like order and authority . It NOTARY PUBLIC C-27 /ILnilwl .11�1.. 1\I. i1•WI• Y1 IM vI\.•►W. 1 • •• / . �'w w .l . CONSULTING ENGINEER& ANO ENVIRONMENTAL SCIENTISTS CONTRACT - CONT' D. ACKNOWLEDGMENT OF CONTRACTOR, IF A CORPORATION STATE OF NEW YORK) ) SS: COUNTY OF ) On this day of 19 before me personally came and appeared to me known, who by me being duly sworn, did depose and say that he resides at that he is the of ' the Corporation described in and which executed the foregoing in- strument , that lie knows the seal of said corporation, that one of the seals affixed to said instrument is such seal , that it was so affixed by order of the Directors of said corporation, and that he signed his name thereto by like order. NOTARY PUBLIC ACKNOWLEDGMENT OF CONTRACTOR IF A PARTNERSHIP STATE OF NEW YORK) SS: COUNTY OF ) Y On this da of 19 before me personally came and appeared to me known, and known to me to be one of the members of the firm of described in and who executed the foregoing instrument , and lie acknowledged to me that he ex- 1 ecuted the same as and for the act and deed of said form. NOTARY PUBLIC C-28 4t+# qo I , i• a i w 4 . HOLZMACHER,McLENDON andMURRELL,P.C. Consulting Engineers. Environmental Scientists and Planners UZI tm*lvill*.N.Y. Farmingdale.N.Y. Ftiverhead.N.Y. 5 TOWN cLestk TOWN OF SOUTHOLD SUFFOLK COUNTY NEW YORK CONTRACT AND SPECIFICATIONS FOR RESURFACING OF SOUND AVENUE AT THE WESTERN TOWN LIMIT PROJECT NO. SOHT 81-01 fi TOWN BOARD Supervisor Ilk- William R. ",11 III ` ° m t 4- Larry W. Murdc,c,. John J. Nickles Francis T. Murphy Joseph L. Townsend, Jr. Justice Raymond W. Edwards, Jr. SUPT. OF HIGHWAYS TOWN CLERK Raymond C. Dean Judith T. Terry r SEPTEMBER 1982 1j*tHOLZMACHER,McLENDON andMURRELL,P.C. Consulting Engineers. Environmental Scientists and Planners Melville,N.Y. Farmingdale.N.Y. FVverhead.N.Y. x f �� HOLZMACHER, McLENDON&MURRELL,P.C. �A CONSULTING ENOINEER6.ENWRONYENTAL SCIENTISTS--PLANNERS ADDENDUM NO. 1 SOHT 81-01 TOWN OF SOUTHOLD RESURFACING OF SOUND AVENUE AT WESTERN TOWN LIMIT September 23 , 1982 The following changes have been made to the contract drawings: SHEET 20F3 At station 2+00 , proposed grade at southern edge of Sound Avenue is shown as (51. 02) . Delete 51. 02 and replace with 57. 02. i SHEET 20F3 j At station 6+00, existing grade at northern edge of Sound Avenue is shown as (57. 30) . Delete 57. 30 and replace with 56. 89. A-1 (10F1) • 2"u HOLZMACHER, MCLENDON A MURRELL,P.C. GONSULTMOENWHURS.ENVNIONMENTEL WAENTNT6�0�NNERS INDEX J TOWN OF SOUTHOLD RESURFACING OF SOUND AVENUE AT THE S WESTERN TOWN LIMIT PROJECT NO. SOHT 81-01 PAGE NO. INDEX I - 1 page NOTICE TO BIDDERS NB - 1 page INFORMATION FOR BIDDERS IB - 12 pages PROPOSAL P-A through P-D GENERAL CONDITIONS GC - 6 pages ITEM SECTION PAGE NO. NO. SECTION CODE NO. -- 0 General Specifications GS (11 pages) 1 _ 5 5 Pavement Restoration & Replacement PRR (4 pages) 12 10 10 Maintenance & Protection of Traffic MPT (6 pages) 16 11 11 Tack Coat TC (2 pages) 22 12 12 Thermoplastic Pavement PM (5 pages) 24 ' Markings 14 14 Additional Excavation & Backfill AE&B (3 pages) 29 51 TL 51 TL Asphalt Concrete Truing & Leveling ACTL (1 page) 32 51 FZ 51 FZ Asphalt Concrete Type 1A (Top Course) ACTC (1 page) 33 INDEMNITY, LIMITATION OF LIABILITY ILL - (1 page) -- CONTRACT C - (28 pages) -- I-1 U2AHOLZMACHER, MCLENDON 3 MURRELL,P.C. C0"6MTIMQ EMOEM R&E1OV00"MEWAL W01"n.a►UIMMEM NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN that SEALED BIDS will be received by the Town Clerk of the Town of Southold at the Town Hall, Main Road, Southold, New York, until 11:00 A.M . , prevailing time, on Thursday, September 30, 1982 at which time and place they will be publicly opened and read for the following contract: RESURFACING OF SOUND AVENUE AT THE WESTERN TOWN LIMIT Plans and specifications may be obtained at the Town Hall and offices of the Consulting Engineers, HOLZMACHER, McLENDON & MURRELL, P.C. 209 West Main Street, Riverhead, New York, 11901, and Suite 140, 125 Baylis Road, Melville, New York, 11747, upon- deposit of twenty-five ($25.00) for each set furnished. Deposits will be refunded to bidders who return the plans and spec- ifications within ten (10) days in good condition; other deposits will either be partially or not refunded if the Specifications have not been returned in good condition within thirty (30) days after bids have been opened. Each Proposal must be accompanied by a certified check or bid bond in the amount of five percent (5%) of the total bid, made payable to William R. Pell, III, Supervisor, Town of Southold, as set forth in the Information to Bidders. The Town reserves the right to reject any or all bids, to waive any informalities and to accept such alternate bid which, in the opinion of the Town Board, will be in the best interests of the Town. BY ORDER OF THE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK JUDITH T. TERRY, TOWN CLERK TOWN OF SOUTHOLD SOUTHOLD, NEW YORK 11971 DATED: SEPTEMBER 7, 1982 NB-1 u HOLZMACHER, McLENDON&MURRELL.P.C. ■ ���-- CONWLTINO ENWNEEM.ENVMONMENM WAN"STS-d PI.ANNEM INFORMATION FOR BIDDERS BIDS FOR PROJECT The Town of Southold will receive SEALED PROPOSALS for Resurfacing of Sound Avenue at the Western Town Limit. TIME AND PLACE OF BID Bids are to be submitted in opaque envelopes and will be received by the Town of Southold at the Town Hall, Main Road, Southold, New York, not later than 11: 00 A.M. , Prevailing Time, Thursday, September 30, 1982 , at which time and place they will be publicly opened and read aloud. Use of the mails shall be at the Bidder' s own risk, and the Bidder shall be responsible for physical delivery of the Bid at the time and place set for opening of Bids. BID ENVELOPE All proposals and either the certified check or bid bond must be placed in a sealed envelope bearing the Bidder' s firm name and address marked, "Project No. SOHT 81-01, Proposal for Resurfacing Sound Avenue at The Western Town Limit, Town of Southold, Suffolk County, New York" , but otherwise unmarked. If mailed, this envelope shall be placed in another envelope addressed to Town Clerk Judith T. Terry, Town of Southold, Town Hall, Main Road, Southold, New York 11971. Use of the mails is at the Bidder' s risk. IB-1 ntxtM��rrcn, MCLtNUUfV e. MU"LLA., r•�• �i�M w•r• cONsuLnmo ENGINEEAS AND ENVIRONMENTAL 6C'LNT'Sl$ INFORMATION FOR BIDDERS (CONT- D. ) SPECIFICATION DEPOSITS (a) Deposits for specifications will be completely refunded to Bidders who return same in good condition within ten (10) days after r.•ceipt of bids. Bidders will receive one-half of: the deposit amount tur specf.ications returned after ten (10) days and before thirty (30) days following the bid date. (b) Deposits for specifications will be completely refunded to non-bidders who return same in good condition within 48 hours of receipt of said specifications. Non-bidders will receive one-half the deposit amount for specifications returned in good condition within ten (10) days following the bid date. No deposit for specifica- tions will be refunded to non-bidders after ten (10) days following the bid date. IB-2 �- NOLZMACHER„ McLENDON&MURRELL.P.C. CON"TWO ENGMEEIM.ENVMOMYENTK 9="M"wd RANNEM INFORMATION FOR BIDDERS (CONT' D. ) SPECIFICATIONS Complete sets. of specifications for the inspection of prospective bidders will be found on file with the Town Clerk, Town of Southold, Town Hall, Main Road, Southold, New York, and at the office of Holzmacher, McLendon & Murrell, P.C. Consulting Engineers, 209 West Main Street, Riverhead, New York, or Suite 140, 125 Baylis Road, Melville, New York, All contractors must leave their names, phone numbers and correct mailing addresses upon receipt of the specifications. VERBAL ANSWERS The Town, its .agents, servants-'or employees, or the Engineer, will not be responsible in any manner for verbal answers to any in- quiries regarding the meaning of the contract specifications given prior to the awarding of the contract. EXAMINATION OF SITE _ Bidders must satisfy themselves by personal examination of the location of the proposed work and of the actual conditions and require- ments of the work, and shall not, at any time after the submission of a proposal, dispute or complain of' such estimate or assert there was any misunderstanding in regard to the scope of work. The Contractor shall inspect the site and existing conditions be- fore submitting his bid. PROPOSAL The Form of Proposal contained herein shall be used in making out bids. Any proposal not in accordance with these instructions, or con- taining bids not asked for, may be rejected. On those items in this contract for which there is a stated maximum and/or minimum allowable bid price, each bidder shall be responsible 7 for making sure that his bid falls within the stated limits. When the 2 - price bid is lower than the minimum allowed, the bid price will be ad- justed upward to the minimum allowable price and when the price bid is higher than the maximum allowed, the bid price will be adjusted downward to the maximum allowable price. SOHT IB-3 MUMACHER. McLENDON 6 MURRELL. P.C. / H2M CORP. C0149ULnma cNa1NELR& AND ENVIRONMU#TAL OCI(NTIS" l N I-*oRDIA f I ON FOR 111 11DIAN (CON•I ' 1). I As the est imatcs of quantities of i teals stated in the I►rol►usal a rc a1►I►roa i n1a t o un 1 y , I► idle rs a re rc(lu i red t o s►11►m i t t hip i t I•rc►I►us;► 1 u1)on and ill the fol l owi r►g exl►ress condi tions , which slia l I a1►I►J y :1ud hCCollle a I►art of every I►rol►usa l I-CCC i vcd . Each bidder shall fill out , in ink , in I►otll words and figures , Ill the s1►aces 1►rovided , his unit ur 1111111► SLIM hi►I , as the ""o 111a he , fur each item in said Iorn1 of IIroIIos;tl for wIIicII he is s►1hulitting a bid . No bid will be considered which docs nut include hills for all 'i' - T items in~tTic jiiol►osal , - iiicii►�lln}i t ►mc o)�c:oillkiletion . If the bid is not accepted by the Town within forty—five (•351 ►lays after the receilit of bids , tl►e 01) 1 igat ion o1 the 1)ititle r under this 1►1-01►osa1 May trrn►i.nate at his ol►tioil and he shall there- ul)on lie ent i tied to a rckund of his cert i f icd check or release of his I► id bond furnished by hinl as security with 1► is 1►roposal . ILII) BOND Olt CI:R•I_II: II:I► ('HECK �^ Bach 111,0110sal from a contractor shall be acconll'anied 11,v a bid pond or certified check on a solvent hunk of the State of New fork , in tllc amount of five percent ( 51 ) of the total bid . Such check shall be oracle l►ayable to William R. Pell III , Supervisor, Town of Southold, New York , and the amount thereof shall be the measure of 1icluidated damages which the 'town will sustain by the failure , neglect or refusal. of the bidder to execute aitd deliver the contract , should the contract be awarded to him. The checks of all w►successfu1 bidders will be rettirnetl upon the rejection of bids and the execution of' the contract by the parties ; also , the check of the successful bidder will he returned u1►on the execution of the contract and the furnishing of the red11 i i-ed bond . NAME OF BIDDER Each hiddcr must state .in 11is I►rollusal , his full name and busi - ness address , and the full II-1111C of every l►erson , firm or corporation interested in the salve , and the address of every I►erson or f i rill or I►r•esident and secretary of every corl►oration interested with h n►. If I B-d f1lA,LAtAWt[J , MGI.L/'/N\wr a w+vnnt'u' �... I aww.�r. CONSULTING ENOINEEAG AND ENVIIIONMCNTAL SCIENTIS" INFORMATION FOR BIDDER (CONT ' 1). ) no other person be so interested , he must distinctly state that fact , also that his proposal is made without any connection directly or in- directly with any other bidder for the work particularly mentioned in his proposal ; that it is in all respects without fraud or collusion, and that no person acting for or employed by the Town is directly or indirectly interested therein, or in the supplies of work to which it relates , or in any portion of the prospective profits thereof. QUALTFTCATIONS OF BIDDERS (1) The Town reserves the right to waive any informalities in, or reject any and all bids . The Town reserves the right to re- ject any and all bids which do not conform to the proposals , or upon which the bidders do not comply with the requirements of the Town as to their qualifications . (2) All bidders must prove to the satisfaction of the Town that they are reputable , reliable and responsible , and that they pos - sess' the necessary qualifications to successfully deliver the proposed equipment , and that they have performed and completed successfully similar work to an extent which , in the opinion of the Town , will qualify them by experience to perform the work which is proposed. (3) In determining the qualifications of a bidder, the Town will consider his record in the performance of any contracts entered into by him for the work contemplated or of similar nature may make such investigation as it deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the Town all such information and data for this purpose as the Town may request . (4) The Town shall be the sole judge of the qualifications of the bidders and of the merits thereof and reserves the right to reject any bid if the record of the bidder in the performance of contracts , payment of bills and meeting of obligations to subcontractors , material - men or employees is not satisfactory to the Town , or if the evidence submitted by or the investigation of such bidders fails to satisfy the Town that he is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. GUARANTEE BOND The successful bidder shall be required to furnish at. the execu- tion of the contract an executed bond of a surety company authorized - 113- 5 HOLZMACHER, MCIENOON d MUNKLI-L, r.L. / mdm w..r. CONSULTING 01OINELAS ANo ENVIIIONMEHTAL 6CIENTISTS INFORMATION FOR B [ 1)1)1:It (CONT . I)) to do business in the State of New York and appi•oveJ by the an amount equal to one bund red percent ( 10(1'0 ) of the total anioiin t of the contract , gUaranteeilil; to the Town the 1"a i thful per"_ormance of the contract , and payment of all claims for materials , labor and wages in connection therewith . _ S I GNA'1'11RE Of CONTRACTOR The bidder to whom a contract may be awarded shall attend at the office of the Town , with the sureties offered by him, within ten (10) days , Sunday excepted , after the date of notification by mail of the acceptance of his proposal. , and there sign the contract in quadruDli catc for the work. In case of failure to do so , the bidder shall be considers as having abandoned the same , and the check accompanying his proposal shall be forfeited to the Town , or the penalty of the bid bond shall be invoked. CONTRACTOR' S INSURANCE The contractor shall not commence any work until lie has obtained and had approved by the 'Town all of the insurance specified and required in the contract . WAIVER OF I14111NITY Attention of the bidder is hereby directed to the requirements of the General Municipal Waw of the State of New York and in particular to Section 1O3-ad°caton the ed General Page C118oftl econtract 1IlLaw regarding "Waiver of Immulli.ty" , as in RESPONSIBILITY FOR 11IDIT.It Attention is hereby particularly directed to the provisions of the contract whereby the contractor will be responsible for any loss or damage that may happen to tale material or any hart thereof during its delivery ; and also whereby the contractor shall make good any defects or faults due to materials or workmanship within twelve (12) months after its delivery, placement , and acceptance. 111-G CDNOULnNO CHOINMS AND ENVIRONMENTAL OCIRITIM INFORMATION FOR BIDDERS (CONT'D. ) In order to secure the performance of the covenant of the con- tractor, the Town shall retain the Guarantee Bond during the period of one ( 1) year from the date of the Engineer ' s final certificate. J Work is required to be completed to the satisfaction of the Engineer and in :substantial accordance with the specifications hereunto annexed. TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK ` IB-7 State of New York Bureau of Public Work Department of Labor .A State Office Building Campus Albany, N.Y. 12240 �' ,+ t.rec�u. � CONTRACT REQUIREMENTS Each public work contract to which the State,a public benefit corporation,a municipal corporation or a commission * is a party and which may involve the employment of laborers,workmen or mechanics,shall comply with the requirements of Article 8 of the New York State Labor Law: 1. No laborer, workman or mechanic in the employ of the contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by the contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week except in the extraordinary emergencies set forth in the Labor Law or where a dispensation is granted by the Industrial Commissioner. (See Section 220.2) 2. Each laborer, workman or mechanic employed by the contractor or subcontractor shall be paid not less than the prevailing rate of wages at the time the work is performed,and shall be paid or provided not less than the prevailing supplements at the time the work is'performed, as determined by the fiscal officer. If the prevailing rate of wages or the prevailing supplements change after the prevailing - ' rate schedule is issued,each workman,laborer or mechanic shall be paid or provided not less than the new rates. (See Section 220.3) 3. The contractor and every subcontractor shall post in a prominent and accessible place at the work site a statement of the current wage rates and supplements specified by the contract for the various classes of mechanics,workmen or laborers. (See Section 220.3-a) • 4. Apprentices must be registered,individually,under a bona fide program registered with the New York State Department of Labor. The allowable ratio of apprentices to journeymen in any craft classifica- tion shall not be greater than the ratio permitted to the contractor as to his work force on any job under the registered program. Any employee who is not registered as above, shall be paid the pre- vailing wage rate for the classification of work he actually performed. The contractor or subcontrac- tor will be required to furnish written evidence of the registration of his program and apprentices as well as of the appropriate ratios and wage rates for the area of construction, prior to using any apprentices on the contract work. (See Section 220.3-e) 5. (a) No contractor, subcontractor, nor any person acting on his behalf,shall by reason of race,creed, color, sex or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates.(See Section 220-e (a) ) (b) No contractor, subcontractor, nor any person acting on his behalf shall,in any manner,discrimi- nate against or intimidate any employee on account of race,creed,color,sex or national origin. (See Section 220-e (b) ) NOTE: The Human Rights Law also prohibits discrimination in employment because of age,disability or marital status. (c) There may be deducted from the amount payable to the contractor under the contract a penalty of five dollars for each calendar day during which such person was discriminated against or intim- idated in violation of the provisions of the contract. (See Section 220-e(c) ) (d) The contract may be cancelled or terminated by the State or municipality,and all moneys due or to become due thereunder may be forfeited, for a second or any subsequent violation of the terms or condition of the anti-discrimination sections of the contract. (See Section 220-e (d) ) • (e) These provisions shall be limited to operations performed within the State of New York. (See Section 220-e(e) ) PW-3(5.80) 213—8 STATE OF NEW YORK DEPARTMENT OF LABOR BUREAU OF PUBLIC WORK STATE OFFICE BUILDING CAMPUS ALBANY, N. Y. 12240 Schedule Type-HVY / HWY 33 Date 07/08/81 Refer to: PREVAILING RATE CASE NO. T/O Southold PRC 8102905 NAS/SUF 01 to: William H. Spitz ' Location and Type of Project Holzmacher, McLendon & Murrell Resurfacing Of Sound Ave. 125 Baylis Road SOHT 81-01, T/O Southold Milville, NY Laurel , NY 11747 Suffolk County In response to your request, enclosed are schedules of the prevailing hourly wage rates and the prevailing hourly supplements for the above project, together with copies of the Notice of Contract Lei (PW-16) for your use. The schedules must be annexed to and form a part of the specifications for this project when it is advertised for bids. These schedules have been prepared and forwarded in accordance with Section 220 of the Labor Law, which provides that it shall be the duty of the fiscal officer to ascertain and determine the schedules of supplements to be provided and wages to be paid to workers, laborers and mechanics employed on public work projects, and to file such schedules with the department having jurisdiction. These wage rates and supplemental benefits are subject to change, and you will be periodically notified of such changes. The wage rates and supplemental benefits to be paid and provided must be those prevailing at the time the work is being performed. Supplemental Benefits Legend used in the "other supplements" column of the Prevailing Rate Schedule: A. Health & Welfare ( includes hospital C. Supp. Unemployment Benefits I. Annuity Fund surgical or medical insurance or D. Scholarship Fund J. Benefit Fund benefits, life insurance or death E. Paid Holidays K. Security Savings benefits, accidental death or dis- F. Education Fund memberment insurance). G. Vacation L. Holiday Pay B. Pension H. Apprentice Training M. Other ■ Very truly yours, Nicholas Valentine, Jr. DIRECTOR WHEN ANY PROJECT IS COMPLETED OR CANCELLED, NOTIFY THE NEAREST DISTRICT OFFICE OF THE BUREAU OF PUBLIC WORK. (see addresses below) State Office Bldg. Campus, Albany N. Y. 12240 65 Court St— Buffalo N. Y. 14202 „155 Main Street West, Rochester N. Y. 14614 44 Hawley St. , Bi nghamton N. Y. 13901 175 Fulton Ave— Hempstead N. Y. 11550 333 East Washington St— Syracuse N. Y. 13202 207 Genesee St— Utica N. Y. 13501 30 Glenn St— White Plains N. Y. 10603 PW-200 (6-79) IB-9 PRCVAILING RATE SCHEDULE Sta-Le of New York Case Number Bureau of Public Work Department of Labor 8102905 NASSAU AND SUFFOLK COUNTIES Prev- SUPPLEMENTAL BENEFIT PAYMENTS al I i rig OCCUPATIONS wage health basic and pen- suppl . other supplements hourly welfare sion unemp. rate (A) (B) (C) (D) through (M) CORE DRILLER Core Dr i I 1 er 10. 60S 1. 00 74 G- 19 Helper 9. 245 1. 00 . 74 G- 19 ELECTRICIAN Electrician 15. 10 7%+. 35 5 1/2% . 25 G&L- 8 1/2%, H-5/8%, I-9%, J-3'/. Appr. 1st term 6. 04 7%+. 3S 5 1/2% . 25 G&L- 8 1/2%, 1-1-5/8%, I-9%, J-3% IRONWORKER Ironworker-Structural 12. 95 1. 86 2. 30 G-1. 8S, H-. 11. I-2. 15 Appr. 1st term 7. 28 1. 86 2. 30 Rei nforci ng-(Lather) 13. 54 1. 325 .9a5 D-. 02, G-. 75, H-. O1, 1-1. 10 Appr. 1st Term 3. 8S 1. 32S . 985 D-. 02, H-. 01 Ironworker-Ornamental 12. 62 1. 21 1. 55 G-1. 00, H-. 10, I-2. 00 -Chain Link 12. 62 1. 21 1. SS G-1. 00, H-. 10, I-2. 00 Fence "Appr. 1st term 7. S7 1. 21 1. 55 G-1. 00. H-. 10, I-2. 00 MASON Bricklayer 12. 49 1. 33 1:93 H-. 03, I-2. OS Appr. 1st term 6. 2S 1. 33 1. 93 H- 03, 1- 50 PAINTER Painter-Brush 10. 92 1. 04 1. 04 G- 33, 1- 71 Scaffold/Spray 13. 26 1. 26 1. 26 G-. 405, I-. 71 Appr. 1st term 6. 55 . 62 . 62 G- 20, 1- 25 Nassau Co. (N of L. I. E. to Pt. Wash BI vd. , S. of Sunrise Hwy. E. to Long Beach Rd. ) ------------------------------ Pai nter-Brush 10. 82 1. 29 2. 30 G-. 70, H-. O5 Appr. 1st term 5. 41 1. 29 1. 1S G-. 35, H-. O5 Scaffold/Spray 12. 37 1. 29 2. 30 G-. 70, H-. O5 Nassau Co. Remainder of County ------------------------------ Painter-Steel 14. 28 1. 86 2. 00 H-. 07 Power Tool , Spray 15. 28 1. 99 2. 14 H- 08 Sandblaster(steel ) 15. 28 1. 99 2. 14 H- 08 Appr. 1st term 7. 00 . 91 . 98 H-. 035 Nassau Co. -Entire County ........... ................... Painter Brush 12. 39 3. 22 1. 00 G-. 50, H-. 21 Steel /Bridge 15. 30 3. 22 1. 00 G- 50, 1-1- 21 Spray 13. 88 3. 22 1. 00 G-. 50, H-. 21 Appr. 1st term 6. 42 1. 97 1. 00 G-. 25, H-. 21 Suffolk Co. PLUMBER P I umber 13. 65 1. 00 2. 05 G-1. 30, H-. 37, I-. 57 1. Appr. 1st term 5. 46 . 60 1. 31 G-. 70, H-. 24. 1- 29 Suffolk Co. ------------------------------ Plumber ----------------------------- Plumber 12. 75 1. 10 1. 54 G-1. 10, H-. 25 Appr. 1st term S. 10 . 44 616 G-. 44, H-. 10 Nassau Co. TEAMSTER Truck Driver Excavation 10. 12S 1. 6125 2. 852S 1- 40 Euc I i d 10. S25 1. 6125 2. 8S25 1- 40 Other 9. 32S 1. 612S 2. S0 WELDER Welder To be paid the rate of the mechanic performing the work OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY and BUILDING SCHEDULES Print 33 IB-10 PREVAILING RATE SCHEDULE State of New York Case Number Bureau of Department of Labor Public Work 8102905 NASSAU AND SUFFOLK COUNTIES Prev- SUPPLEMENTAL BENEFIT PAYMENTS ai I i ng OCCUPATIONS wage health basic and pen- suppl . other supplements hourly welfare Sion Vnemp. rate (A) (B) CC) (D) through (M) CARPENTER Carpenter (H/H) 13. 35 1. 85 1. 03 G-. 95, H-. 05, I-. 75 f He I per 11. 15 1. 8s 1. 03 G-. 95, H-. 05, 1- 7S Appr. lst term 7. 34 1. 8s 1. 03 G-. 95, H-. 05, I-. 75 Nassau Co. (South of So. State Pkwy. & West of Seaford Creek) ------------------------------ Carpenter (H/H) 13. 40 1. 50 1. 49 G-. 95, H-. 06 Appr. 1st term 6. 70 1. 50 1. 49 G-. 95, H-. 06 Nassau Co. Remainder of County ------------------------------ Carpenter(H/H) 13. 45 1. 33 1. 71 G-. 90, H-. 06 I. Appr. lst term 6. 70 1. 33 1. 71 G-. 90, H-. 06 Suffolk Co. ------------------------------ Pi ledriver/Dockbui Ider 13. 25 1. 85 1. 03 G-1. O1, H-. 05. 2-. 75 Appr. 1st term 7. 34 1. 8s 1. 03 G-1. 01. H-. O5. I-. 75 ------------------------------ Ti mberman 12. 31 1. 85 1- 03 G-. 95, H-. O5, I-. 75 Helper 10. 80 1. 8S 1: 03 G-. 95, H-. OS, I-. 75 ELECTRICIAN-HIGHWAY MAINTENANCE Applicable on traffic signals and street lighting only. Mai nt. Electri ci an 12. 30 8'/. 4 1/2'/. G & L-6 1/2%, I-7Y. H-5/8%, J-3'/• Appr. 1st term 4. 57 8% 4 1/2'/. G & L-6 1/2%, I-7V. H-5/8'/., J-3% LABORER(FIVY/HWY) Laborer (H/H) Basic, Concrete, Jackhammer 8. 90 10 % 13 '/. G-. 75 Pipelayer, Land- , Scape. Trackman 8. 90 10 % 13 V. G-. 75 Power Tool 8. 90 10 V. 13 % G-. 7S Asphalt Raker, Form Setter 9. 50 10 % 13 % G-. 75 Asphalt Shoveler and Tamper 9. 30 10 % 13 '/• G-. 75 MASON Cement Fi ni Sher 12. 60 2. 19 2. 02 H-. 01 Appr. lst term 6. 30 2. 19 2. 02 H- 01 SIGN ERECTOR Sign Erector 11. 70 82 1. 11 H- 02, 1- 43 M-Emp S. S. STRIPER Striping Mach. Oper 9. 90 . 59 . 70 G-7'/• Li nerman 10. 40 . 62 . 72 G-7'/. TREE TRIMMING Tree Trimmer 8. 43 34 25 1st 6mo S. 51 . 34 . 2S Groundmon. Driver 1st 6mo 6. 07 . 34 . 25 Driver 2nd 6mo 6. 36 . 34 . 25 Driver after 1 yr. 6. 95 . 34 . 25 TREE REMOVAL & LANDSCAPING Landscape Laborer 8. 90 10'/. 13% G-. 75 Mul chi ng Machine Oper. 11. 995 9'/. of 2. 25 G-1. 00. H-. 15. M-. 10 rate+vac. Stump Chipper Mach. 10. 97 9% of 2. 2S G-l. 00. H-. 15, M-. 10 rate+vac. Truck Driver 9. 325 1. 612S 2. 50 WELL DRILLER We I I Dri I 1 er 10. 5s 8% 2. 25 G- 40 Helper 8. 55 8'/. 2. 25 G- 40 OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY SCHEDULES Pri ht 33 IB-11 PREVAILING RATE SCIIEDULE State of New York Case Number Bvreav of 8102905 Department of Labor Public Work NASSAU AND SUFFOLK COUNTIES Prev- SUPPLEMENTAL BENEFIT PAYMENTS ai 1 i ng OCCUPATIONS wage health basic and pen- suppl . other supplements hourly welfare sion unemp. rate (A) (B) (C) (D) through (M) SURVEY CREW (HIGHWAY & HEAVY) Party Chi of 12. 16 . 90 . 70 F-. O5. G-. 70. I-1. 50 Instrument Man 10. 21 . 90 . 70 F-. 05. G-. 70. I-1. 50 Rodman/Chaff nman 8. 91 . 90 . 70 F-. 05. G-. 70. I-1. 50 Survey Rates apply to those workmen employed on HIGHWAY and HEAVY contracts let on or after July 2. 1979 POWER EQUIPMENT OPERATOR (H/H) Asphalt Spreader 13. 18 9% of 2. 25 . 20 H-. 15. G-1. 00. M-. 10 Backhoe 13. 55 hourly Boring Machine 13. 12 rate + Bulldozer 12. 37 vac. Compressor-Single 11. 995 Compressor-2 or more In battery 12. 60 Concrete Pump 12. 64 Concrete Spreader 13. 18 Concrete Breaker 11. 28 Conveyor 12. 37 Crane 13. 18 Location, Effective Date and Dragline 13. 55 Supplemental Benefit Payments Finishing Machine 12. 37 are the same for all Power Equipment Fireman 12. 37 Operators. Generator 12. 29 Grade-A l l Oper. 13. 55 Grader 12. 585 Front End Loader 12. 905 Ma i nt. Eng. 12. 37 Mul chi ng Machine 11. 995 Oi i er 10. 97 Piledriver 13. 55 Post Driver (Guard Rail ) 13. 12 Power Broom 11. 42S Pump (Under 4") 11. 995 Pump (Over 4") 12. 38 Ridge Cutter 11- 28 Roller - ST & Under 12. 37 Roller - Over 5 Ton 12. 72 Scraper 12. 37 Shovel 13. 55 Stump Chipper 10. 97 Tractor-Caterpiller or Wheel 10. 755 Track Tamper 10. 97 Trenching Machin- 13. 395 OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY SCHEDULES Print 33 IB-12 HOLZMACHER, McLENDON & MURRELL. f.C. / H2M CORP. CONSULTING ENGINE[AS ANO ENVIRONM0ITAL 6CIENTIM PROPOSAL - BIDDER' S DECLARATION TO THE TOWN BOARD of the TOWN OF SOUTHOLD, SUFFOLK COUNTY, STATE OF NEW YORK: BIDDER'S DECLARATION: The undersigned, as Bidder, declares that the only person or persons interested in this Bid or Proposal as principal or principals is or are named herein and that no other person than herein named has any interest in this Proposal or in the Contract proposed to be taken ; 'that this Bid or Proposal is made without any connection with any other person or persons making a Bid or Proposal for the same purpose; the Bid or Proposal is in all respects without fraud or collusion , that he has examined the site of the work, the Form of Contract and Specifications, and the Drawings therein referred to, and has read the Notice to Bidders, Information for Bidders and General Conditions hereto attached and fully understands all 'the same; that he proposes and agrees, if this Proposal is accepted, that he will contract with the TOWN BOARD of the TOWN OF SOUTHOLD.. in the Form of Contract accompanying this Bid, to perform all the work required in accordance with the Plans and as mentioned in said Form of Contract , Specifications , Notice to Bidders, Information for Bidders and General Conditions , and he will accept in full payment, therefore, the following sums to wit : -7/79 P-A RT ■-!(�v MOLZMACNER. McLENDON d MURRELL.P.0 � �L1�� CpMµxfMOEMONEIM.EMVNgNMEMIfGEMfN/t�NNAMMEM PROPOSAL (CONT' D. ) RESURFACING OF SOUND AVENUE TOWN OF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK PROJECT NO. SOHT 81-01 BID DATE: SEPTEMBER 30, 1982 r ITEM 5A Remove temporary paving (by others) and replace with 1'h" binder course asphalt on 6" base course asphalt Approximately 210 square yards Price per SY Thirty Eight Dollars and No Cents_ ($ 38.00 ) Dollars TOTAL .Se� Thousand Nine Hundred Eighty Dollars and No Cents *. , ($ 7,980.00 ) Dollars ITEM 5A (ALT) ** Remove temporary paving (by others) and replace with 1h" binder course asphalt on _ 6" base course asphalt Approximately 110 square yards Price per SY Thirt.Y Eight.D011,carg; anal No Cents. ($ 38.00 ) Dollars ebur Thousand Ona hundred Eighty Dollars.'. No Cents TOTAL . ($ 4,180.00 ) Dollars ITEM 5B Remove existing deteriorated pavement & replace with lh" binder course asphalt on 6" base course asphalt Approximately 110 square yards Price per SY Thirty Eight Dollars and No Cents. ($ 38.00 ) Dollars Four Thousand ane Hundred Eighty Dollars and No Cents TOTAL . ($ 4,180.00 ) 6 Dollars * Rep't. as $7,908. in words. Optional item that may not be awarded by the Town. P-B 1 of 7 1H�u HOLZMACHER, McLENDON d MURRELL.P.G .rte-- �"tNg EM4NNEM.E#dVWA0 16iTAL WAPMGMrdftAW&RS PROPOSAL (CONT- D. ) RESURFACING OF SOUND AVENUE TOWN OF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK PROJECT NO. SORT 81.-01 BID DATE: SEPTEMBER 30, 1982 ITEM 5B (ALT) ** • Remove existing deteriorated pavement & replace with 1�" binder course asphalt on 6" base course asphalt Approximately 490 square yards Price per SX ?i?tY Dollars and No Cents s {$ 30.00 ) pp��,ars TOTAL Fourteen Thousand SFT Hundred.Dollars and.No-Cents . , ($ 14,700.00 ) . Dollars ITEM 10 Maintenance and Protection of Traffic LUMP SUM One.Thousand Five. � Hundred Dollars and No Cents. {$ 1,500.00 ) Dollars (Lump sum bid. shall be greater than gr equal to $1000,) ITEM 10 (ALT) ** Maintenance and Protection of Traffic LUMP SUM five.Hundred Dollars and No Cents. ($ 500.00 ) Dollars 6 (Lump sum bid shall be greater than or equal to $500. ) 2 ** Optional item that may not be awarded by the Town. P-B 2 of 7 HOLZMACHER, McLEN00N 6 MURRELL,P.0 LJ� CAONSPATINGENGINEERS.ENWOON"I"T lSCIENfgTS.nOKANMEM PROPOSAL (CONT' D. ) r RESURFACING OF SOUND AVENUE TOWN OF SOUTHOLD r . AT THE WESTERN `.GOWN LIMIT SOUTHOLD, NEW YORK PROJECT NO. SOHT 81-01 BID DATE: SEPTEMBER 30, 1982 ITEM 11 • Tack Coat Approximately 1300 gallons Price per GAL Two.Dollars and•Tnty•Cents• ($ 2.20 ) Dollars TOTAL M Thousand Eight Hundred.Sixty Dollars and No Cents . ($ 2,860.00 ) Dollars . ITEM 11 (ALT) ** Tack Coat Approximately 700 gallons Price per GAL TwP Dollars Arid TPwM.ty gents , • , ($ 2.20 ) Dollars TOTAL Pnl� Thousand Five Hundred Forty Dollars. and.No Cents . . • • . ($ 1,540.00 ) Dollars ITEM 12 Four-inch (4") wide Thermoplastic Reflectorized Pavement Markings Approximately 8500 linear feet Price per LF Zero Dollars•ar and Fifty Dollars ($ •50 ) •Dollars TOTAL . Four Thousand Hundred Fifty Dollars and No Cents . ($ 4,250.00 ) . . . . . . . . . . . . . . . Dollars 6 2 Optional item that may not be awarded by the Town. P-B 3 of 7 )V HOLIMACHER. MCLENOON&MURRELL.P.0 �LJ�A CONSULTgNOENGiNEEM.ENVMONYENvALWANtHt/.MKANNEM PROPOSAL (CONT' D. ) r RESURFACING OF SOUND AVENUE TOWN OF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK PROJECT NO. SOHT 81-01 BID DATE: SEPTEMBER 30, 1982 r ITEM 12 (ALT) ** Four-inch (4") wide Thermoplastic Reflectorized Pavement Markings Approximately 4500 linear feet Price per LF ?ems Dojlarq apd Fifty Cents , . . . ($ .50 ) Dollars TOTAL � Thousand_Two Hundr_ed.Fifty Dollars and No Cents . ($ 2,250.00 ) Dollars ITEM 14A* Additional Excavation Approximately 5 cubic yards • Price per CY 7en Dollars and No Cents ($ 10.00 ) Dollars TOTAL .Fifty Dollars and No Cents . ($ 50.00 ) Dollars (Unit Price shall be greater than or equal to $2.00, but shall not exceed $10 .00) ITEM 14B* Additional Backfill Approximately 15 cubic yards Price per CY . Zen Dollars and No.Cents ($ 10.00 ) Dollars TOTAL Orn Hundred Fi fty.Dollars and.No s . . . . . . . . . ($ 150.00 ) . � � � � � � � � Cent, Dollars (Unit Price shall be greater than or equal to $2 . 00, .6 but shall not exceed $10.00) 2' * **Contingency Item Optional item that may not be awarded by the Town. P-B 4 of 7 t 2")�, HOLZMACHER. MCLENDON&MURRELL.P.0 CONEULIWO ENOWEEM.ENVMONmENIAt 1G/EN1f$TZ-0►UNNEPIE PROPOSAL (CONT' D. ) RESURFACING OF SOUND AVENUE TOWN OF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK PROJECT NO. SOHT 81-01 BID DATE: SEPTEMBER 30, 1982 ITEM 14C* Rock Excavation Approximately 5 cubic yards Price per CY ?'�? collars and NO 'Pegts . . . . . . ($ 10.00 ) Dollars TOTAL Fifty Dollars ani No Cents. . . , . _ . . , , , , ($ 50.00 ) Dollars (Unit Price shall be greater than or. equal of $3. 00 , but shall not exceed $50. 00) ITEM 51 TL Furnish & Place Truing & Leveling Asphalt Concrete as per SCDPW Specifications Approximately 1100 tons Price per TON ."y.Nine.Dollars and.Fifty Cents. . ($ 39.50 ) Dollars TOTAL Forty Three Thousand Four Hundred.Fifty Dollars and No Cents . ($ 43,450.00 ) Dollars ITEM 51 TL (ALT) ** . Furnish & Place Truing & Leveling Asphalt Concrete as per SCDPW Specifications Approximately 800 tons Price per TON Thirty Nine Dollars.and Fifty Cents . . ($ 39.50 ) Dollars TOTAL ThiFtY qM.Thousand Six Hundred Dollars and NO.Cents . . _ ($ 31,600.00 ) •& Dollars 2 * Contingency Item ** Optional item that may not be awarded by the Town. P-B 5 of 7 N HOLZMACHER. MCLENDON 6 MURRELL.PC • 1 pwSUllwq EwOwrEEM.EwwOwrEwTl tGEwTrETa.e tAwwEE PROPOSAL (CONT' D. ) RESURFACING OF SOUND AVENUE TOWN OF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK PROJECT NO. SOHT 81-01 BID DATE: SEPTEMBER 30, 1982 ITEM 51 FZ Furnish & Place Wearing Course Asphalt Concrete for Resurfacing as per SCDPW Specifications Approximately 700 tons Price per TON ri��y Nine Dollars.and Fifty Cents . , ($ 39.50 ) Dollars TOTAL Twenty Sev .Thousand Six Hundred Fifty Dollars and No Cents. , {$ 27,650.00 ) . •Dollars• ITEM 51 FZ (ALT) ** Furnish & Place Wearing Course Asphalt Concrete for Resurfacing as per SCDPW Specifications Approximately 400 tons Price per TON Thi X N1n Dollars � Fifty.Cents . ($ 39.50 ) • •• Dollars TOTAL , .Fifteen ThousandEight H •Hundred Dollars and NoCents , {$ 15,800.00 ) Dollars 6 2 P-B 6 of 7 MOLIMACNER, MCLENDON&MURRELL,P.0 � �L1�� pN51ri 1NO ENWNEEM.fNVMONrENiAI fCIENTHA rA hANNfS PROPOSAL (CONT- D. ) RESURFACING OF SOUND AVENUE TOWN OF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK PROJECT NO. SOHT 81-01 BID DATE: SEPTEMBER 30, 1.982 r TOTAL BASE BID (SUM OF ALL ITEMS EXCEPT 5A (ALT) , 5B (ALT) , 10 (ALT) , 11 (ALT) , 12 (ALT) , 51 TL (ALT) and 51 FZ (ALT) TOTAL . Ninety.Two Thousand Qne, HW1cjrea TwAty Rollazs , . . and No.Cents ($ 92,120.00 ) Dollars TOTAL ALTERNATE BID (SUM OF ALL ITEMS) TOTAL .One Hundred Sixty M Thousand.Six jiundred,Njnety.. . . Dollars and_No Cents _ , , , , , , , , ($162,690.00 ) Dollars Bids shall be based on normal seasonal working conditions without frost in the ground. It is anticipated that the Notice to Proceed will be given in October. COMPLETION DATE SHALL BE 45 CALENDAR DAYS AFTER THE NOTICE OF AWARD. LIQUIDATED 'DAMAGES SHALL BE $250.00 PER DAY. THE COMPLETION DATE SHALL BE CONSIDERED AS THE DATE WHEN THE PAVEMENT STRIPING OPERATIONS HAVE BEEN COMPLETED. Y FIRM NAME: John T. Montecalvo, Inc. FIRM ADDRESS: 48 Railroad Avenue, Center Moriches, NY SIGNED BY: s/Ronald R. Montecalvo, TITLE: Secretary-Treasurer DATE: September 30, 1982 DAY PHONE NO. 325-1492 6 EVE. PHONE NO. 878-0705 2 P-B 7 of 7 H=MACHER. MtL.ENDON & MURREL.I. P.C. / N2M CORP. CONlUlnNO U401MLLAS AND Wy1RONMQRAL OCICNTIM PROPOSAL - (CONT-D. ) Enclose certified check or bid bond for five percent (5x) of the total bid, as stipulated in the foregoing Information for Bidders. The Bidder hereby agrees to enter into a contract within ten (10) days after due notice from the Town of Southold that the contract has been awarded to him and is ready for signature, such • notice to be given in writing within forty-five (45) days of the date of opening of the bids . And, the Bidder hereby further agrees that in the event of his failure or refusal to enter into a contract in accordance with this bid within ten (10) days after due notice from the said Town Board as given in accordance with the Information for Bidders, and/or his failure to execute and deliver the bond for the full amount of the contract price as provided in said Information for Bidders, that t:he bidder's check which is herewith deposited with the Town shall, . at the option of said Town, . become due and payable as ascertained and liquidated damages for such default, otherwise the said check shall • be returned to the undersigned. The full name and residences of all persons and parties interested in the foregoing bid as principals are follows : NAME ADDRESS NY John T. Montecalvo, President 48 Railroad Avenue, Center Moriches NY John T. Montecalvo, Jr. , V.P. Hewitt Boulevard Center Mnrinha411 NY Ronald R. Montecalvo, Sec-Treas. 15 Seaview Lane, Center Moriches NAME OF BIDDER• John T. Montecalvo, Inc. BUSINESS ADDRESS OF BIDDER: 48 Railroad Avenue, Center Moriches, NY DATED AT: Center Moriches THE 30 DAY OF September, 1982 P-C MOLZhMACNER. MCLENDON & MURRELL. P.C. / N2M CORP. CON3ULnN0 V401HELAB ANO ENVIRONMENTAL OCIENTIC73 PROPO:5AL - (CONT'D. ) NON-COLLUSIVE BIDDING CERTIFICATE By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief : • 1 . 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; and 2. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor; and 3 . No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition. Dated: September 30, 1982 John T. Montecalvo Inc. By. s/ Ronald R. Montecalvo, Sec-Treas. This bidder cannot make the foregoing certification and a statement sighed by the bidder is attached setting forth in detail the reasons therefor: P-D HOIZMACHER. MCLENDON d MURRELL. P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS GENERAL CONDITIONS 1. GENERAL CONDITIONS A. The "General Conditions" are hereby made a part of this Specification and are attached herein. B. Where any article of the "General Conditions" is supplemented hereby, the provisions of such article shall remain in effect. All the supplemental provisions shall be considered as added thereto. Where any such article is amended, voided or superseded thereby, the provi- sions of such article not so specifically amended, voided or super- seded shall remain in effect. Work, materials, plant, labor and other requirements of the Gen- eral Conditions shall be furnished by the Contractor. No direct pay- ment shall be made for these General Conditions, and payment shall be deemed to be included in the contract price or various items of the entire contract. 2. CONTRACT DOCUMENTS The Contract Documents include, but are not limited to, the General Conditions, General Specifications, Detailed Specifications, Plans, Proposal Form, Contract and other sections as either cited on the index pages or actually included in the bound documents. Each section of the Contract Documents is intended to be comple- mentary to the other sections. It is intended that they include all items of labor and materials, and everything required and necessary to complete the work, even though some items of work or materials may not be particularly men- tioned in every section or may have been inadvertently omitted from • the Drawings or Specifications, or both. 3. APPROVAL OF SUBCONTRACTORS AND MATERIALS 6 1 Prior to commencing any work under this Contract, the Contractor shall submit to the Engineer, for approval, a list of all the sub- contractors and material suppliers he proposes to use for this Con- tract. No subcontractor or material supplier will be permitted to de- liver materials or perform any work on this Contract until he has been approved by the Engineer in writing. RT GC-1 HOLZMACHER. McLENDON &MURRELL. P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS GENERAL CONDITIONS (CONT'D. ) 4. INTERPRETATION OF DRAWINGS, ETC. A. In the event of discrepancies between the Drawings and the - Specifications, the following order shall be given preference when making interpretations: 1. Addenda (later dates to take precedence over earlier dates) 2. Drawings (schedules or notes to take precedence over other data shown on Drawings) 3. Detailed Specifications 4. General Specifications 5. General Conditions B. On all plans, drawings, etc. , the figure dimensions shall govern in the case of discrepancy between the scales and figures. C. The Contractor shall take no advantage of any error or omission in the Plans, or of any discrepancy between the Plans and Specifications, and the Engineer shall make such corrections and interpretations as may be deemed necessary for the fulfillment of the intent of the Specifications and of the Plans as construed by him, and his decision shall be final. D. All work that may be called for in the Specifications and not shown on the Plans, or shown on the Plans and not called for in the Specifications, shall be furnished and executed by the Contractor as if designated by both. Should any work or material be required 6 which is not denoted in the Plans and Specifications, either directly 1 or indirectly, but which is, nevertheless, necessary for the proper carrying out of the intent thereof, it is understood and agreed that the same is implied and required, and that the Contractor shall per- form such work and furnish such materials as if they were completely delineated and described. 5. ADDITIONAL WORK Additional work, if required to be performed under this Contract, will be in accordance with the applicable paragraphs of the Contract . The Engineer shall be the sole judge as to whether such work was in- tended as part of the Contract or is in addition thereto. RT GC-2 HOIZMACHER, McLENDON 6 MURRELL. P.C. i H2M CORP. CONSULTING 040INURS AND UMRONMOdTAL SCIENTIM GENERAL CONDITIONS (CONT'D. ) 6. OCCUPATIONAL SAFETY AND HEALTH ACT The Contractor shall meet all standards of the Occupational Safety and Health Act of 1970 and subsequent revision. This shall include, but not be limited to, the following areas : Sanitation, noise, radiation, gases, vapors, fumes, mists, dust, illumination, ventilation, protective equipment , fire protection, waste disposal, electrical hazards, scaffolds and ladders, floor holes . and wall openings, and heavy equipment. All specific require- ments of the Act shall be adhered to. 7. SAFETY PROVISIONS The Contractor shall take every precaution and shall provide such equipment and facilities as are necessary or required for the safety of his employees. In case of an accident, first aid shall be administered to any who may be injured in the progress of the work. In addition, the Contractor shall also be prepared for the removal, to the hospital for treatment , of any employee either seriously in- jured or ill. 8. SANITARY REGULATIONS A. In addition to compliance with the Occupational Safety and Health Act, the Contractor shall erect and maintain necessary sani- tary conveniences for the use of employees on the work. Such con- veniences shall be properly secluded from observation, and their use shall be strictly enforced. Such sanitary conveniences shall be constructed in compliance with all laws, ordinances or regulations governing these facilities. The contents of the same shall be re- moved, with sufficient frequency to prevent nuisance, and disposed of to the satisfaction of the Engineer. B. The Contractor shall obey and enforce such other sanitary 6 regulations and orders and shall take such precautions against in- t fectious diseases as may be deemed necessary. In case any infectious diseases occur among his employees, he shall arrange for the immediate removal of the patient from the work and his isolation from all per- sons connected with the work. C. The building of shanties or other structures for housing the men, tools, machinery or supplies will be permitted only at approved places, and the sanitary condition of the grounds in and at such shanties or other structures must , at all times, be maintained in a satisfactory manner. RT GC-3 -7, aTyro, NAME AND ADDRESS OF AGENCY COMPANIES AFFORDING COVERAGES Thomas M. Neppell & Sons, Inc. --- --- - --- ----- 76 Neighborhood Rd. c°MPANY A American Casualty LETTER Mastic Beach, New York 119,51 -- -- - --- COMPAN LETTER Y B Continental Casualty NAME ANL) C.DDRFSS Of INSURED COMPANY John T. Montecalvo & Center Moriches ----EI ` -..._.... Sand & Gravel COMPANY D 48 Railroad Avenue LEI-TER Center Moriches, New York 11934 COMPANY I- Th—'s--is-to-certify LETTER This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate may be issued or may pertain,the insurance afforded by the policies described herein is subject to all the Terms,exclusions and conditions of such policies. rr N I t Oi_I r n Thousa 0) •ty F nds )Y,P1 VI INS I_I PA N� POLICY NUMHEREACH LFmFts o LJa I F L ! IXr IBV-IC'V VOLI�AIAGCFk(/QF CCURRENCE GENERAL LIABILITY B.ou1 Y INJURY 19000000)$ A :;)MPI<rHI lobl nRM 1,000000 I I'rtl.Ml 5--�1PEt AI0NT; PROP[RTY DAMAGE $ $ xHA°A�,a aND ,L APSE _—— — , 500,00F / 500 000 = ' CCP 09 zoz 00 49 I 5/30/83 - - I_ J .NDE Rt,RUtJND LA HODIJ�TS C OMP I E I ED OPE RAI ONS HA/APD RODI,Y INJURY I\NU li i h']�; NTRAC I AL 1SURANCE -)PER IY DAME 'I: $ $ ;I HROAD fORM PRoPERrr COMBINED _(� DAMAGE �ILIN)FPFNDINT (()NiRACI0P5 ILI PERSONAL INJURv $ PERSONA INJUI<Y I -T - ------ —---— --- ---------------- -- -------- AUTOMOBILE LIABILITY BODILY INJURY $500,000 _ (EACH PERSON! A N •-1MPF EW W3:Vf 'ORM BODILY INJURY $ �x vNE I BUA 04 202 00 1 (EACH ACCIDEN1 J 1,000,0, 5 5/30/$3 -----, - - -- LxG PROP[RT Y DAMAGE l $ 100,001 _I I+.IRF U BODII Y INJURY AND I ILX1 NONOWNI.i> PROPERTY DAMAGE --- _..--- ---------------------- -------------.___.-..------------------- COMBINED - - -. EXCESS LIABILITY -- - -- — BODILY INJURY AN!) I IIMBREELA FORM PROPERTY DAMAGE $ $ r li OTHER THAN UMFiRE I.IA COMBINED FORM B WORKERS'aOMPENSATION WC Ol 202 OO 11 5/30/83 STATUTORY EMPLOYERS'LIABILITY I $ 100,OOO B j Disa'BITy Unassigned Indefinite I - --- L DESCRIPfJh'WFT TI fYI_ftJJEMd1F&L& or Town Board & or Holzmacher, McLendon & Murrell, P.C. is added as Additional Insured per Contract "Town of Southold 1982 Resurfacing" Errors & Ommissions for Architects & Engineers is excluded. Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail 10 days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME ANDADDRESSOF CE RTIFICATE HOLDER_ December 6, 1982 Town of Southold & Holzmacher, DAFE ISSUED:- McLendon CJ 04 McLendon & Murrell P.C. Southold, New York AUTHO EPR7E5,fTIVE T T ACORD 25(1-79) ai t - "two THIS CERTIFICATE ,. .. NAW AND ADDRESS OF AGENCY Thom" N. Napl*U & Smog IAC. COMPANIES AFFORDING COVERAGES f t +aiU. C.OMPAN LETTER Y RA American aasu ty Montle Beseh, Now York 1199 NY LEITER Lip 1ontinenyal Casual yt y ._ ...------ ----- —' --------- �--- N/,Pd AND ADDRESS OF iN9UREL) COMPANY John T. ucalva & center mor'mahes E.T T E H V Sod ' #, �.r.a"i COMPANY 48 . D +�. Awa r TTFP R Goto Moridm g No fork 119% COMPANY C i_ETTER 16. oIs o:ertify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement,term or condition ! any coritrac*or other document with respect to which this certificate may be issr:ed or may pertain,the insurance afforded by the policies described herein is subjec,to-;Ili the terns exclusions and conditions of such policies. LEm�ts of LEabElr ty in Thousands(000) i XPIPA!li?N tAIE. Al R?l�/rE. r IACURRENCE GENERAL LIABILITY /S r � i BOL)IE Y IN_Jur 11*4S7/�S/0 A VE. KP.M ! 0000000. Z -I' M S )PE RIA A_ PROP 1 rAMa t 500,0W S 'r4o 0* x� �rry nN� HA7A 0 9 29 UA ►a�f � 5/3 0{8 J J'r'i ' BODII Y IN.I.R - �s )PER I J° f'A 7r I 1 Y AND INT 1,A( 0. IN r;NCE PROPER]Y SAM.,,I T $ r:.iRC r[ R7 a t- TMBINF_i i int��En 1,1'. .... a :h A NR N.r-. _-�--- g --------- AtliOMOBILE I.IABILITI- �EnY N r F41 1F 1N { 1300 !000 w� BOEI,vIN)�R� $ R t BUA 01* 202 00 .1 5/30/83 (EAC Ar't DfN `R2 PI U i OAM 1 I �i mom: W-101t N,.,PY.r,r - --- �- i I EE rn 6 i --:q P7 A.t� j I 'N .xR!Q F'f'._ .,rw14='i rU i.i1Z x`. N WC 01 242 00 11 5/34183 ---- 1000000 B DIM"Ifty UnaMignedIsecZefirest�s des. 'A TI E hrr a 1-& `1`ENRe Based .MW MCI & Kuper Ut P.C. Ise added an wdditioM1 IRM=sd par Gaza t "TOM of Southold 1932 Ne WXrft*W — B=WM & 0=18SUAS for Architeats & : elegy IS aIad. Demubw 1'ote� of S+rntthueld & ►lhar b 192 S uEc NaLandon & XU=10U P.G. w3OUth®ld; New York P--' ATIVE rf I AC.ORD`l i_. 79) r l UNIAMN Gond No. •r B00032519 LABOR AND MATERIAL PAYMENT BOND The American Institute of Architects, AIA Document No. A31 1 (February, 1970 Edition) THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENT t Hen insert full and address or legal title of Contractor) „ JOHN T. fONT CALVO, f (t. as Principal, hereinafter called Principal, and, (Here insert full name and address or legal title of Surety) UNION INDEMNITY INSWRANCE COMPANY OF NEW YORK as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) TOWN OF SOUTHOLD, N.Y. as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of NINETY TWO THOUSAND ONE HUNDRED TWENTY AND N01100----- ), (Here Insert a sum equal to at least one-half of the contract price) Dollars ($ 92 , 120. 00 for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated November 9, 19 82 , entered into a t w't for RESURFACE SOUND AVENUE AT THE WESTERN � . in accordance with Drawings and Specifications Cont. No . SOHT81-01 g p prepared by (Here Insert full name and address or legal title of Architect) which contract is by reference made a part hereof,and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such or furnished the last of the materials for which said claim is made, that, if Principal shall promptly make payment to all claimants as here- stating with substantial accuracy the amount claimed and the name of inafter defined, for all labor and material used or reasonably required the party to whom the materials were furnished, or for whom the work for use in the performance of the Contract, then this obligation shall or labor was done or performed. Such notice shall be served by mailing be void; otherwise it shall remain in full force and effect, subject, the same by registered mail or certified mail, postage prepaid, in an however, to the following conditions: envelope addressed to the Principal, Owner or Surety, at any place 1. A claimant is defined as one having a direct contract with the where an office is regularly maintained for the transaction of business, Principal or with a Subcontractor of the Principal for labor, material, or or served in any manner in which legal process may be served in the both, used or reasonably required for use in the performance of the state in which the aforesaid project is located, save that such service Contract, labor and material being construed to include that part of need not be made by a public officer. water, gas, power, light, heat, oil, gasoline, telephone service or rental b) After the expiration of one (I) year following the date on which of equipment directiy applicable to the Contract. Principal ceased Work on said Contract, it being understood, however, 2. The above named Principal and Surety hereby jointly and sever- that if any limitation embodied in this bond is prohibited by any law ally agree with the Owner that every claimant as herein defined, who controlling the construction hereof such limitation shall be deemed to has not been paid In full before the expiration of a period of ninety(90) be amended so as to be equal to the minimum period of limitation per- days after the date on which the last of such claimant's work or labor mitted by such law. was done or performed, or materials were furnished by such claimant, c) Other than in a state court of competent jurisdiction in and for may sue on this bond for the use of such claimant, prosecute the suit the county or other political subdivision of the state in which the to final judgment for such sum or sums as may be justly due claimant, Project, or any part thereof, is situated, or in the United States District and have execution thereon. The Owner shall not be liable for the pay- Court for the district in which the Project, or any part thereof, is situ- ment of any costs or expenses of any such suit. ated, and not elsewhere. 3. No suit or action shall be commenced hereunder by any claimant: 4. The amount of this bond shall be reduced by and to the extent a) Unless claimant, other than one having a direct contract with the of any payment or payments made in good faith hereunder, inclusive of Principal, shall have given written notice to any two of the following: the payment by Surety of mechanics' liens which may be filed of record the Principal, the Owner, or the Surety above named, within ninety (90) against said improvement, whether or not claim for the amount of such days after such claimant did or performed the last of the work or labor, lien be presented under and against this bond. Signed and sealed this 29th day of November 19 82 JOHN T. MONTECALVO, INC . �../ (Principal) (Seal) wpiHass) (Title) UNION INDEMNIT _ NEW YORK I (Su ety) al) 4(Witn. r CARL - - :avlabd to February,1970 B 5715b(2) Printed in U.S.A. ACKNOWLEDGEMI'.NT OF C,ORPOI�ATION STATE OF "flww laee— ) COUNTY OF s s On this 2:9,thday of -NQVember 1982 , before me personally appeared OWN T /�vc/ e��✓o to me known, who, being by me duly sworn, depose an say: t amt die recedes in that he is the ,P�Si`� �ti� of the w, JOHN T. MONTECALVO. , INC. the corporation described in and which executed the above instrument; that :ie knows the seal of said Corporation; that the seal affixed to said instru- ent is such Corporate seal; that it was so affixed b; order of .the Board of Directors of said Corporation, and that he signed his name thereto by like order. IT T TF.4RY N0T,A.T1Y of �evv York �Utllill{SSIGiI Lxpres lmalc "1 ACKNOWLEDGEMENT OF SURETY TATE OF NEW YORK ) COUNTY OF NEW YORK) ss : On this 29thday of November 1982 , before me personally appeared CARL W. BULL with whom I am personally .:cquainte , who, being by me duly sworn, said: that he resides in the :tate of New York, that he is Attorney-in-Fact of the UNION INDEMNITY INSURANCE COMPANY OF NEW YORK the Corporation described in and w is i executed the--foregoing instrument; ghat he knows the Corporate seal of the said company; that the seal affixed to said instrument is such Corporate seal ; that it was so affixed by order :nd authority of the Board of Directors of: said Company; and that he signed `:is name thereto as Attorney-in-Fact by like authority; and that the liab- lities of the said Company do not exceed its assets , as ascertained in : he manner provided in Chapter 882 of the Laws of 1939 , constituting chap- .er 28 of the Consolidated Laws of the State of New York, and known as the 'Insurance Law, and that pursuant to Sec. 327 of the Insurance Law the Super- intendent of Insurance and the State of New York has issued to said company certificate of solvency and of qualification to become Surety or guarantor ,n all bonds , undertakings , recognizances , guaranties and other obligations -squired or permitted by law, and that such certificate has not been revoked. 14ES P . CASEY ..GTARY PUBLIC, State of New York o. 44-0593325 xalified in Rockland County .,cmmission expires March 30, 198 3 . R Union Indemnity Insnranco All authority hereby conferred, unless revoked earlier, Company of New York shall expire and terminate, without notice, nless used Executive Offices before midnight of— Jun-(L-1. 260 Madison Avenw POWER OF ATTORNEY New York, N.Y. 10016 KNOW ALL MEN BY THESE PRESENTS: That Union Indemnity Insurance Company of New York does hereby appoint: James P. Casey, Richard W. Bull, Carl W. Bull and William T. Guilfoyle its true and lawful Attomey(s)-in-Fact, each individually if there be more than one named, to make; execute, sign, acknowledge, affix the Company Seal to, and deliver any and all surety bonds,undertakings, recognizances, and other contracts of indemnity and writings obligatory in the nature of a bond, for and on behalf of said Compny ,, )d as act and deed of said Company, not to exceed Five Hundred Thousand Dollars ($ 5�,0,000.00) any single instrument. IN WITNESS WHEREOF, Union Indemnity Insurance Company of New York have executed these presents "Ret``olith Jul ?_ °va+,, this da f.�.y 19�. tEAI If» ti •°'••���° +°� Monroe Birnberg — Presi nt s , STATE OF NEW YORK 1 ss.• .ti sc„ COUNTt'O EW YORK • 8 �4\y on this dW of___l,Y_ 19 fora me came hoi y the above narntd off kw of Union Indemnity insurance Company ofLUCIU.E SCHL"LTZ New York,to rna personally known to be the individual and officer •, Pulor- 4pr1otwy pubfta, stata of Now York No. 03.1:27811 described herein,and acknowledged that he executed the foregoing i��,Oj��+►�°a Quallfl0d In Brortrt Cot.'►�1/ inrtrument and affixed tfia seals of said corporations therato by 'i'nrnt fladEyptIn Bronx ki 1`3� authority of his office. rch CERTIFICATE Fxcerpt:: of Resolutions adopted by the Boards of Directors of Union Indemnity In-.urance Company of New York: March 17, 1980: RESOLVED, that solely in furtherance of the Company's surety business, the Chairman of the Board, the President, Vice President, tin Assistant Vice President or Secretary of this Company hereby is authorized to appoint Attorneys-in-Fact to represent and act for and on behalf of the Company to execute bonds, under- takings, reco3nizances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach the corporate se•1 of the Company to such documents; RESOLVED, that the signatures and attestations of such officers and the seal'of the Company may be affixed to any such Power of Attorney or to any certificate relating to the Power of Attorney by facsimile, rand any such Power of Attomey or certificate bearing ✓uch facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any gond, undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof; and RESOLVED, that any such Attorney-in-Fact mai, deliver a certification tf-rat the foregoing resolutions are still in effect and may insert in such certification the date of the certification but that date may be not later than the date of delivery of the certificate by the Attorney-in-F=act. 1, Thomas G. O'Brien III, Secretary of Union Indemnity Insurance Company of New York, do hereby certify that the foregoing excerpts of the Resolution adopted by the Board of Director of the corporation and the Powers of Attorney isvued pursafant thereto, are true and correct and that both the Resolution and P: .vers of Attorney ure in full force rind effect. IN WiTt'ESS WHEREOF, I h •:e hereunto set my h ncl ;end affixed the facsimile seal of e ch corporation +,aarrr� shim 29th day of_..__. November__ ___.._._., 1982 ft etAt s e nn e;a4at <a°�ea: �L'.fY">f,0/' I e C/✓cyA�-��.n,+./ ��,®e Thomas G. O'Brien III, Secretary Union Indemnity Insurance ° Company of New York Executive Offices 260 Madison Avenue New York, N.Y. 10016 FINANCIAL STATEMENT as of DECEMBER 31, 1981 Assets Liabilities Bonds $23,2T8,631 Reserve for Losses and Loss Expenses $8,023,247 Cash and Bank Deposits 1;641,014 Reserve for Unearned Premiums 6,055,541 Agents Balances or Uncollected Premiums 3,170,659 Reserve for Expenses, Taxes Licenses Funds Held by Reinsurers Companies, 264,416 and Fees 529,050 Reinsurable Recoverable on Loss Payments 8,093,322 Federal and Foreign Income Taxes 1,157,732 Interest, Dividends and Real Estate Reserve for Unauthorized Reinsurance 478,510 Income Due and Account 478,844 Excess Statutory Reserves 972,747 Other Admitted Assets 258,775 Funds Held Under Reinsurance Treaties 6,462,695 Ceded Reinsurance Balances Payable 5,783,304 Other Liabilities 262,280 Capital Stock 2,500,000 Surplus 4,960,555 TOTAL POLICYHOLDERS' SURPLUS $7,460,555 TOTAL LIABILITIES AND TOTAL ASSETS $37,185,661 POLICYHOLDERS' SURPLUS $37,185,661 Bonds are valued in accordance with Amortized Value CERTIFICATE Richard L. Boyle, Assistant Secretary, and Joseph J. Jaworski, Comptroller of the Union Indemnity Insurance Company of New York being duly sworn,each for himself disposes and says that they are the above described officers of the said Company and that on the 31st day of December,1981,the Company was actually possessed of the assets set forth in the foregoing statement and that such assets were available for the payment of losses and claims and held for the protection of its policyholders and creditors, except as hereinbefore indicated, and that the foregoing statement is a correct exhibit of such assets and liabilities of the said company on the 31st day of December, 1981 according to the best of their information, knowledge and belief, respectively. {1PNCE co apt!U � r s i SEAL ip/��FW YO Cr Assistant Secretary Comptroller STATE OF NEW YORK i COUNTY OF NEW YORK ) SS.. QP�E T BgGF, y On this 29thday of November 1g82before me came NOTARY the above named officers of Union Indemnity Insurance Company of New • York to me personally known to be the individuals and officers described A(/8Lie. MARIE T. BAUER herein,and acknowledged that they executed the foregoing instrument and N� e� Notary Public,State of New York and affixed the seal of said corporation thereto by authority of their office. 9lE �� No.0192500 �F NE'N Qualified in Westchester County 0-2 Commission expires 3/30/83 UNION Boor) No ` � : B00032519 PERFORMANCE BOND The American Institute of Architects, AIA Document No. A311 (February, 1970 Edition) KNO�Y,ALL MEN BY THESE PRESENTS: that (Here insert full name and address or legal title of Contractor) JOHN T. MONTECALVO, INC . as Principal, hereinafter called Contractor, and, (Here insert full name and address or legal title of Surety) e UNION INDEMNITY INSURANCE COMPANY OF NEW YORK as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) TOWN OF SOUTHOLD, N.Y. as Obligee, hereinafter called Owner, in the amount of NINETY TWO THOUSAND ONE HUNDRED TWENTY AND N0/100----- Dollars ($ 92 , 120 , 00 ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated November 9, 19 82 . entered into a contract with Owner for RESURFACE SOUND AVENUE AT THE WESTERN TOWN LIMIT-Cont . #SOHT81-01 in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is arrange for a contract between such bidder and Owner, and make avail- such that, if Contractor shall promptly and faithfully perform said Con- able as Work progresses (even though there should be a default or a tract, then this obligation shall be null and void; otherwise it shall succession of defaults under the contract or contracts of completion remain in full force and effect. arranged under this paragraph) sufficient funds to pay the cost of com- The Surety hereby waives notice of any alteration or extension of pletion less the balance of the contract price; but not exceeding, includ- ing other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance Whenever Contractor shall be, and declared by Owner to be in default of the contract price," as used in this paragraph, shall mean the total under the Contract, the Owner having performed Owner's obligations amount payable by Owner to Contractor under the Contract and any thereunder, the Surety may promptly remedy the default, or shall amendments thereto, less the amount properly paid by Owner to promptly Contractor. 1) Complete the Contract in accordance with its terms and condi- Any suit under this bond must be instituted before the expiration of tions, or two (2) years from the date on which final payment under the Contract 2) Obtain a bid or bids for completing the Contract in accordance falls due. with its terms and conditions, and upon determination by Surety of the No right of action shall accrue on this bond to or for the use of any lowest responsible bidder, or, if the Owner elects, upon determination person or corporation other than the Owner named herein or the heirs, by the Owner and the Surety jointly of the lowest responsible bidder, executors, administrators or successors of the Owner. Signed and sealed this 29th day of November 19 82 JOHN T. _ MONTZVQ, — ` � (Principal) (Seal) (Witness) �_� -------- — (Title) UNION INDEMNITY EYORK \ � (Surety) (Seal) ( Hess) Performance/Labor and Material Payment Bond CARL UL -FACT Revised to February,1970 50 5715b(1) Printed in U.S.A. ACKNOWLEDGEMENT OF CORPORATION STATE OF ) COUNTY OF )ss : On this 29thday of November 1982 , before me personally appeared ' to me known, who, being by me duly sworn, did depose and say: that He resides in that he is the of the JOHN T. MONTECALVO. , INC. the corporation described in and which executed the above instrument; t at he knows the seal of said Corporation; that the seal affixed to said instru- ment is such Corporate seal; that it was so affixed by order of .the Board of Directors of said Corporation, and that he signed his name thereto by like order. ACKNOWLEDGEMENT OF SURETY STATE OF NEW YORK ) COUNTY OF NEW YORK) ss : On this 29thday of November 1982, before me personally appeared CARL W. BULL , with whom I am personally acquainted, who; being by me duly sworn, said: that he resides in the state of New York, that he is Attorney-in-Fact of the UNION INDEMNITY INSURANCE COMPANY OF NEW YORK the Corporation described in and which executed the foregoing instrument; that he knows the Corporate seal of the said company; that the seal affixed to said instrument is such Corporate seal; that it was so affixed by order and authority of the Board of Directors of said Company; and that he signed his name thereto as Attorney-in-Fact by like authority; and that the liab- ilities of the said Company do not exceed its assets , as ascertained in the manner provided in Chapter 882 of the Laws of 1939, constituting chap- ter 28 of the Consolidated Laws of the State of New York, and known as the Insurance Law, and that pursuant to Sec. 327 of the Insurance Law the Super- intendent of Insurance and the State of New York has issued to said company a certificate of solvency and of qualification to become Surety or guarantor on all bonds, undertakings , recognizances , guaranties and other obligations required or permitted by law, and that such certificate has not been revoked. JAMES P. CASEY , NOTARY PUBLIC, State of New York No. 44-0593325 Qualified in Rockland County Commission expires March 30, 198 3 . *�'brliion Indemnity Insurance All authority hereby conferred, unless revoked earlier, Company of New York shall expire and terminate,without notice, niess used Executive Offices before midnight of June 1 . 19 260 Madison Aven4o POWER OF ATTORNEY New York, N.Y. 10016 KNOW ALL MEN BY THESE PRESENTS: That Union Indemnity Insurance Company of New York does hereby appoint: James P. Casey, Richard W. Bull, Carl W. Bull and William T. Guilfoyle its true and lawful Attomey(s)-in-Fact, each individually if there be more than one named, to make, execute, sign, acknowledge, affix the Company Seal to, and deliver any and all surety bonds, undertakings, recognizances, and other contracts of indemnity and writings obligatory in the nature of a bond, for and on behalf of said Compny a-id as act and deed of said Company, not to exceed Five Hundred Thousand Dollars (T 5G0,000.00) any single instrument. IN WITNESS WHEREOF, Union Indemnity Insurance Company of New York have executed these presents a•°00cl`°r, this 14th da fJul 82 July19_._. SEAL 0 ,1I"0 41 + Monroe Birnberg - Presi nt STATE OF NEW YORK 1 u,• �,�E S COUNT''OF PFJ�EW YORK On thh l�+th day of —.19$fore me came MOTu�r the above named officer of Union Indemnity Insurance Company of • LUblic, to of TZ �u.Ltc Notary Public. Stats of Now York New York,to me panonally known to be the individual and officer .� �. No. 03-4727511 described heroin,and acknowledged that he executed the foregoing °•r°r M�x�+ f�ustlfied M Bronx County instrument and affixed the Mab of said corporations thereto by Tsrm ExP� March 30, 1991/ authority of his off ice. CERTIFICATE Excerpts of Resolutions adopted by the Boards of Directors of Union Indemnity Insurance Company of New York: March 17, 1980: RESOLVED, that solely in furtherance of the Company's surety business, the Chairman of the Board, the President, Vice President, an Assistant Vice President or Secretary of this Company hereby is authorized to appoint Attorneys-in-Fact to represent and act for and on behalf of the Company to execute bonds, under- takings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach the corporate se-I of the Company to such documents; ;5' RESOLVED, that the signatures and attestations of such officers and the seal'of the Company may be affixed to any such Power of Attorney or to any certificate relating to the Power of Attorney by facsimile, and any such Power of Attomey or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof; and RESOLVED, that any such Attorney-in-Fact may deliver a certification that the foregoing resolutions are still in effect and may insert in such certification the date of the certification but that date may be not later than the date of delivery of the certificate by the Attorney-in-Fact. I, Thomas G. O'Brien III, Secretary of Union Indemnity Insurance Company of New York, do hereby certify that the foregoing excerpts of the Resolution adopted by the Board of Director of the corporation and the Powers of Attorney issued pursuant thereto, are true and correct and that both the Resolution and Pc•wers of Attorney are in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of each corporation +.satea` this 29th day of November 1982 .40144% `. i I! cwo ut. e Thomas G. O'Brien III, Secretary ��j6lll Indemnity Insurance ompany of New York Executive Offices 260 Madison Avenue New York, N.Y. 10016 FINANCIAL STATEMENT as of DECEMBER 31, 1981 Assets Liabilities Bonds $23,278,631 Reserve for Losses and Loss Expenses $8,023,247 Cash and Bank Deposits 1,641,014 Reserve for Unearned Premiums 6,055,541 Agents Balances or Uncollected Premiums 3,170,659 Reserve for Expenses, Taxes Licenses Funds Held by Reinsurers Companies, 264,416 and Fees 529,050 Reinsurable Recoverable on Loss Payments 8,093,322 Federal and Foreign Income Taxes 1,157,732 Interest, Dividends and Real Estate Reserve for Unauthorized Reinsurance 478,510 Income Due and Account 478,844 Excess Statutory Reserves 972,747 Other Admitted Assets 258,775 Funds Held Under Reinsurance Treaties 6,462,695 Ceded Reinsurance Balances Payable 5,783,304 Other Liabilities 262,280 Capital Stock 2,500,000 Surplus 4,960,555 TOTAL POLICYHOLDERS' SURPLUS $7,460,555 TOTAL LIABILITIES AND TOTAL ASSETS $37,185,661 POLICYHOLDERS'SURPLUS $37,185,661 Bonds are valued in accordance with Amortized Value CERTIFICATE Richard L. Boyle, Assistant Secretary, and Joseph J. Jaworski, Comptroller of the Union Indemnity Insurance Company of New York being duly sworn,each for himself disposes and says that they are the above described officers of the said Company and that on the 31st day of December,1981,the Company was actually possessed of the assets set forth in the foregoing statement and that such assets were available for the payment of losses and claims and held for the protection of its policyholders and creditors, except as hereinbefore indicated, and that the foregoing statement is a correct exhibit of such assets and liabilities of the said company on the 31st day of December, 1981 according to the best of their information, knowledge and belief, respectively. upPMCf C0� ` s `OpP OR SEAL 9 yE1275 04,7W YOp � 70 Assistant Secretary Comptroller STATE OF NEW YORK ll 0- -,4 COUNTY OF NEW YORKss"On this 29thday of November 19—Lbefore me camethe above named officers of Union Indemnity Insurance Company of New MARIE T. BAUER York to me personally known to be the individuals and officers describedNotary Public,State of New York herein,and acknowledged that they executed the foregoing instrument and and affixed the seal of said corporation thereto by authority of their office. No.0192500 Qualified in Westchester County B-2 Commission expires 3/30/83 Bond No. B00032519 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS , That we, JOHN T. MONTECALVO, INC. called the Principal, and the UNION INDEMNITY INSURANCE COMPANY OF NEW YORK, called the Surety, are held and firmly bound unto TOWN OF SOUTHOLD, NEW YORK, called the Obligee, in the sum of NINETY TWO THOUSAND ONE HUNDRED TWENTY AND NO/100----($92, 120. 00) DOLLARS , for the payment whereof said Principal and Surety bind themselves firmly by these presents . WHEREAS, the Principal has , by written Agreement dated November 9, 1982 , entered into a contract with the Obligee for Contract No . SOHT81-01, RESURFACE SOUND AVENUE TO WESTERN TOWN LIMIT, a copy of which is by reference made a part thereof: NOW, THEREFORE, the condition of this obligation is such that if the Principal shall well and truly, upon receipt of written notification from the Obligee, remedy any defects which are discov- ered and reported during a period of ONE YEAR from acceptance of said work, provided such defects are caused by defective materials or workmanship, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED: HOWEVER, that no suit shall be brought on this bond after the 15thday of May 1984. SIGNED, SEALED AND DATED THIS 29th day of November, 1982 . JOHN T. MONTECALVO, INC . BY �= �r i UNION INDEMNITY INSURANCE COMPANY L.Y: ATTORNEY-in-FACT ACKNOWLEDGEMENT OF CORPORATION -"'17ATE OF A ,2K ) COUNTY OF ss : ''T�' --' - - On this -Z9t�iday of �� 1982 before me personally appeared T tin/ -T- /1")o Lilec#-Z v to me known, who, being by me ufy sworn, did depose an say: that he resides in ,.-hat he is the GF'/e L--'- "A& c)f —of the JOHN T. MONTECALVO. , INC. t_!:e corporation aescriEed in and which executed above instrument; EE-at ;:.e 'mows the seal of said Corporation; that the seal affixed to said instru- : .ent is such Corporate seal; that it was so affixed by order of the Board of "'irectors of said Corporation, and that he signed his name thereto by like t.rder. ,oT r Ry r„ Yo k ACKNOWLEDGEMENT OF SURETY >'T"kTE OF NEW YORK ) COUNTY OF NEW YORK) ss : On this 29thday of November 1982, before me personally appeared CARL W. BULL with whom I am personally rcquainte , who, being by me duly sworn, said: that he resides in the ::tate of New York, that he is Attorney-in-Fact of the UNION INDEMNITY INSURANCE COMPANY OF NEW YORK tie Corporation described in and w is execute theV-T-oregoing instrument; ; .at he knows the Corporate seal of the said company; that the seal affixed �-o said instrument is such Corporate seal ; that it was so affixed by order =, nd authority of the Board of Directors of said Company; and that he signed is name thereto as Attorney-in-Fact by lake authority; and that the liab- , lities of the said Company do not exceed its assets , as ascertained in : he manner provided in Chapter 882 of the Laws of 1939 , constituting chap- 28 of the Consolidated Laws of the State of New York, and known as the 'nsurance Law, and that pursuant to Sec. 327 of the Insurance Law the Super- ,:::itendent of Insurance and the State of New York ha issued to said company :., certificate of solvency and of qualification to become Surety or guarantor un all bonds, undertakings , recognizance:s , guaranties and other obligations required or permitted by law, and that such certificate has not been revoked. 14MES P . CASEY - -OTARY PUBLIC, State of New York - o. 44-0593325 ualified in Rockland County :cammission expires March 30, 198 3 . Union Indon-lnity Insurance All authority hereby conferred, unless revoked earlier, Company of NewYork shall expire and terminate,without notice, nless used Executive Offices before midnight ofr._.-.—__=T1In�1, 19 , 260 Madison Avenw POWER OF ATTORNEY New York, N.Y. 10016 KNOW ALL MEN BY THESE PRESENTS: That Union Indemnity Insurance Company of New York does hereby appoint: James P. Casey, Richard W. Bull, Carl W. Bull and William T. Guilfoyle its true and lawful Attomey(s)-in-Fact, each individually if there be more than one named, to make; execute, sign, acknowledge, affix the Company Seal to, and deliver any and all surety bonds; undertakings, recognizances, and other contracts of indemnity and writings obligatory in the nature of a bond, for and on behalf of said Compny a-id as act and deed of said Company, not to exceed Five Hundred Thousand Dollars (t 5U0,000-00) any single instrument. IN WITNESS WHEREOF, Union Indemnity Insurance Company of New York have executed these presents Mkr[ �`ov•a,,ti this lith da f July.—s19 �. sr SEAL SanIV i Monroe Birnberg - press �'nt STATE OF NEW YORK ) s�. "c sc,, L� CCUNT'�'OF NEWYORK Vo`t i.� p �pin'tY tf On thH 14thday o! u1y ,19 v&/ora m®came the obova rwrod officer of Union Indemnity Insurance Company of • LUCILLE SCHU TZ New York,to me potsonally known to be the individual and officer •, �osuc Votary Public, State of Now York described herein,and ackn that he executed the foreming '+, dopes No. 0:3.4`27511 instrument and affixed the eaais of said corporations thereto by of atd Qvn1iflcd In Bronx Om- authority of his office. Term Explm3 N''omb 30, Ib. CERTIFICATE Excerpts of Resolutions adcpted by the Boards of Directors of Union Indcrnnity Insurance Company of New York: March 17, 1980: RESOLVED, that solely in furtherance of the Company's surety business, the Chairman of the Board, the President, Vice President, an Assistant Vice President or Secretary of this Company hereby is authorized to appoint Attorneys-in-Fact to represent and act for and on behalf of the Company to execute bonds, under- takings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach the corporate se-1 of the Company to such documents; RESOLVED, that the signatures and attestations of such officers and the seal'of the Company may be affixed to any such Power of Attorney or to any certificate relating to the Power of Attorney by facsimile, and any such Power .,f Attorney or certificate bearing %ich facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof; and RESOLVED, that any such Attorney-in-Fact may deliver a certificaYiura that the foregoing resolutions are still in effect and, may insert in such certification the date of the certification but that date may be not later than the date of delivery of the certificate by the Attorney-in-Fact. 1, Thomas G. O'Brien III, Secretary of Union Indemnity Insurance Company of New York, do hereby certify that the foregoing excerpts of the Resolution adopted by the Board of Director of the corporation and the Powers of Attorney issued pursuant thereto, are true and correct and that both the Resolution and Peters of Attorney are in full force and effect. IN WITNIESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of a ch corporation �motur►c,. 4ht�_______2____9–th_------- __day Of___ November__ 1982 a �+ ���•;+fl SEAL ",,gene raa`ia: ��-s"Y;�f'0 • �/�/.��'r �.. Thomas G. O'Brien III, Secretary _ Union Jndemnity Insurance Company of New York Executive Offices 260 Madison Avenue New York, N.Y. 10016 FINANCIAL STATEMENT as of DECEMBER 31, 1981 Assets Liabilities Bonds $23,278,631 Reserve for Losses and Loss Expenses $8,023,247 Cash and Bank Deposits 1,641,014 Reserve for Unearned Premiums 6,055,541 Agents Balances or Uncollected Premiums 3,170,659 Reserve for Expenses, Taxes Licenses Funds Held by Reinsurers Companies 264,416 and Fees 529,050 Reinsurabce Recoverable on Loss Payments 8,093,322 Federal and Foreign Income Taxes 1,157,732 Interest, Dividends and Real Estate Reserve for Unauthorized Reinsurance 478,510 Income Due and Account 478,844 Excess Statutory Reserves 972,747 Other Admitted Assets 258,775 Funds Held Under Reinsurance Treaties 6,462,695 Ceded Reinsurance Balances Payable 5,783,304 Other Liabilities 262,280 Capital Stock 2,500,000 Surplus 4,960,555 TOTAL POLICYHOLDERS' SURPLUS $7,460,555 TOTAL LIABILITIES AND TOTAL ASSETS $37,185,661 POLICYHOLDERS' SURPLUS $37,185,661 Bonds are valued in accordance with Amortized Value CERTIFICATE Richard L. Boyle, Assistant Secretary, and Joseph J. Jaworski, Comptroller of the Union Indemnity Insurance Company of New York being duly sworn,each for himself disposes and says that they are the above described officers of the said Company and that on the 31st day of December,1981,the Company was actually possessed of the assets set forth in the foregoing statement and that such assets were available for the payment of losses and claims and held for the protection of its policyholders and creditors, except as hereinbefore indicated, and that the foregoing statement is a correct exhibit of such assets and liabilities of the said company on the 31st day of December, 1981 according to the best of their information, knowledge and belief, respectively. �SupAN CE CO Opp on � S E A l y1975 - o Assistant Secretary Comptroller STATE OF NEW YORKll COUNTY OF NEW YORK 1 SS" PQ�E 7 Bq& r_ On this 29thday of November 19- 2before me came N07Agy 9 /' the above named officers of Union Indemnity Insurance Company of New • York to me personally known to bethe individualsP MARIE T. BAUER herein,and acknowledged that they executed the foregoing instrument and and officers described •Nr UBl1C �• Notary Public,State of New York and affixed the seal of said corporation thereto by authority of their office. 9TE rOp No.0192500 OF NE* Qualified in Westchester County B-2 Commission expires 3/30/83 HOIZMACHER. McLENDON d MURRELL. P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS GENERAL CONDITIONS (CONT'D. ) 9. RESPONSIBILITY OF ENGINEER AND CONTRACTOR DURING CONSTRUCTION A. The Engineer is responsible solely for the general and/or detailed inspection of the work being performed. Such inspection will be periodic and strictly to assure conformance of the Contractor with the Plans and Specifications, such that the end product will conform to the Plans and Specifications. B. The Contractor is responsible for complete conformance to the Plans and Specifications, proper construction procedures; co- ordination with subcontractors, other contractors and utilities, and safe working conditions for his employees. 10. LABOR A. All contractors and subcontractors employed upon the work shall and will be required to conform to the Labor Laws of the State of New York and the various acts amendatory and supplementary there- to; and to all other laws, ordinances and legal requirements applicable thereto. B. All labor shall be performed in the best and most workman- like 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. 11. CONTRACTOR' S REPRESENTATIVE The Contractor, in case of his absence from the work, shall have a competent representative or foreman present, who shall follow with- out delay all instructions of the Engineer or his assistants in the prosecution and completion of the work, in conformity with this Con- tract, and shall have full authority to supply labor and material immediately. The Contractor shall also have a competent representa- tive available to receive telephone messages and provide a reasonable 6 reply as soon as possible, but not later than twenty-four (24) hours. 1 RT GC-4 HOLZMACHER. McLENDON&MURRELL. P.C. / H2M CORP. CONSULTING ENOINEERS ANO ENVIRONMUffAL SCIENTISTS GENERAL CONDITIONS (CONT'D,) 12. INCOMPETENT EMPLOYEES The Contractor shall employ only competent, skilled and faithful men to do the work. Upon request of the Engineer in writing, the Con- tractor shall suspend or discharge from the work any disobedient, dis- orderly or incompetent person or persons employed thereon, and will _ not again employ any person so suspended or discharged without the consent of the Engineer. This requirement shall not be made on the basis of any claim for compensation or damages against the Town or any of its officers or agents. 13. CLAIMS OR PROTESTS If the Contractor considers any work required of him to be out- side the requirements of the Contract, or considers any record or ruling of the Engineers or Inspectors as unfair, he shall ask for written instructions or decisions immediately, and then file a writ- ten protest with the Town against the same within five (5) days thereafter, or be considered as having accepted the record or ruling. 14. NOTIFICATION, INTERFERENCE AND INJURY TO UTILITIES A. The Contractor shall cooperate in every way with the Utility Companies. B. The Utility Companies shall be notified in accordance with Section 1918 of the Penal Law of the State of New York, entitled "Construction or Blasting near Pipes Conveying Combustible Gas," and with Article 20, Section 322-a of the New York State General Business Law. 6. C. All conduits, water mains and gas mains encountered in the 1 construction shall be properly and safely taken care of by the Con- tractor, who shall, upon encountering same, notify the public corpora- tion to whom they belong, in order that they may be changed in such a manner as not to interfere with the final construction. D. In case any damage shall result to any service pipe for water or gas, or any private or public sewer or conduit . by reason of negli- gence on the part of the Contractor, he shall, without delay and at his own expense, repair the same to the satisfaction of the Engineer, and in case such repairs are not made promptly or satisfactorily, the Town may have the repairs made by another Contractor or otherwise, and deduct the cost of same from any monies due or to become due the Con- tractor. RT GC-5 HOLZMACHER, MCLENDON 3 MURR" P.C. / H2M CORP. CON3ULTINO ENOIN[ M AND VmnoNMENTAL lCIEHT M GENERAL CONDITIONS (CONT'D.) 15. INFRINGEMENT OF PATENTS The Contractor further agrees to hold himself responsible for any claims made against the District for any infringement of patents by the use of patented articles in any one phase of construction of the work and the completion of same, or any process connected with the work agreed to be performed under this Contract, or of any materials used upon the said work and to save harmless and indemnify the Town from all costs, expenses and damages which the Town shall be obliged to pay by reason of any infringement of patents used .in the construc- tion and completion of the work. 16. DAMAGES All damage, direct or indirect, of whatever nature resulting from either the performance of, or resulting to the work under, this Con- tract during its progress from whatever cause, shall be borne and sus- tained by the Contractor, and all work shall be solely at his risk until the date of the final certificate. 17. GUARANTEE WARRANTY This Contractor shall guarantee and warrant his work and that of his subcontractors against defects in workmanship and/or material for a period of one (1) year from the date of final certificate by the Engineer except as otherwise specified. Upon written notification from the Engineer, the Contractor shall repair, replace or reconstruct such defects to the satisfaction of the Engineer at no cost to the Town. 18. STANDARDIZATION The DETAILED and General Specifications indicate specific manu- facturers and/or catalog numbers, etc. , for the purpose of standardiza- tion within the Town in order to minimize stockpiling of replacement parts. 19. DEFINITIONS 6 The words "or a 1 pproved equal" as hereinafter used shall refer to the use of an equal product that has received prior approval by the Consulting Engineer for the Town. The word "Engineer" refers to HOLZMACHER, McLENDON & MURRELL$ P.C. , Consulting Engineer for the Town of Southold. 1 SH GC-6 • �-�C)V HOLZMACHER, MCLENDON&MURRELL.P.C. � ��/�� CGNEUliNO ENWNEEIM.ENVMOIIMENiK ECIENlEITE.nO/IANNEM r TECHNICAL SPECIFICATIONS SEVERAL ITEMS ON THE PLANS AND IN THESE SPECIFICATIONS REFER TO THE "SUFFOLK COUNTY PUBLIC WORKS SPECIFICATIONS OF NOVEMBER 1, 1968 , " AS AMENDED. THESE SPECIFICATIONS SHALL BE INCORPORATED BY REFERENCE AND SHALL APPLY AS IF DETAILED IN FULL, UNLESS HEREIN MODIFIED. . MOLZMACHER. MCLENOON 6 MURRELL.P.C. 6p16ULTN/0 EMOMIEEM.ENVMONYENTEL SCIENTISTS NN PLANNERS GENERAL SPECIFICATIONS TOWN OF SOUTHOLD RESURFACING OF SOUND AVENUE AT THE WESTERN TOWN LIMIT 0.1 - SCOPE The work to be done under this Contract consists of .furnishing all labor, Materials, equipment, etc. , for the M$UWACTPG. Of SOURn AVENUE AT THE WESTERN TOWN ?LIMIT in the Town of Southold, as set Forth in the Proposal Sheets, in accordance with the Specifications and as indicated on the plans, all to the approval of the Engineer and the Town of Southold. 0. 2 - GENERAL SPECIFICATIONS (a) The "General Specifications" of the contract are hereby made a part of this specification and are attached herein. (b) Where any article of the "General Specifications" is supplemented hereby, the provisions of such article shall remain in effect. Where any such article is amended, voided or superseded thereby, the provisions of such article not .so specifically amended voided or superseded shall remain in effect. 0. 3 - GENERAL CONDITIONS (a) The "General Conditions" of the contract are hereby made a part of this specification and are attached herein. (b) Where any article of the "General Conditions" is supple- mented hereby, the provisions of such article shall remain in effect. S. All the supplemental provisions shall be considered as added thereto. 2 Where any such article is amended, voided, or superseded thereby, the provisions of such article not so specifically amended, voided, or superseded shall remain in effect. 1 GS = 1 of 11 HOL MACHER,McLENDON b MURR" P.C. I H2M CORP. coftemnlmo a4mmum AND EJm no mMoa" soom m GENERAL SPECIFICATIONS (CONY D) 0.4 - NO DIRECT PAYMENT No direct payment will be made for work done and for materials furnished under these General Specifications or the General Conditions of the contract , but compensation shall be deemed to have been in- cluded in the contract price of the entire work. 0.5 - PLANS AND SPECIFICATIONS This Contractor will be furnished six (6) complete sets of the plans and specifications. Additional sets will be furnished at cost of reproduction. 0.6 - PERMITS AND REGULATIONS This Contractor shall obtain and apply for all permits necessary to conduct the work and complete this contract . All work shall be performed in strict accordance with the regulations and requirements of the various civil agencies having jurisdiction thereof . Upon completion of the work provided for in this contract , and before final payment shall be made, the Contractor shall furnish the Engineer with any necessary certificates of approval issued by these various agencies. 0. 7 - SIGNS No signs or advertisements shall be permitted by the Town. 0. 8 - TEMPORARY LIGHT, WATER, ETC. This Contractor shall furnish temporary light and power complete with all wiring, lamps and similar equipment , as required for the completion of the work. Water shall be supplied by this Contractor. 6 1 • RT GS - 2 of 11 2 HOIZMACHER. MdENOW i MLMKLi.P.C. ! H2M CORP. CONauLnNo Duman AND ahs"MoanL SCUMM GENERAL SPECIFICATIONS (CONT'D) 0.9 - COOPERATION This Contractor, all other contractors, and all subcontractors shall coordinate their work with all adjacent work and shall coordinate ' with all other trades so as to facilitate the general progress of the Rory. Rabb trade shall afford all other trades every reasonable op- portunity for the installation of their work and for the storage of their material. 0.10 - REPRESENTATIVE ALWAYS PRESENT The Contractor, in case of his absence from the work, shall have a competent representative or foreman present, who shall follow with- out delay all instructions of the Engineer or his assistants in the prosecution and completion of the work, in conformity with this con- tract, and shall have full authority to supply labor and material immediately. The Contractor shall also have a competent representa- tive available to receive telephone messages and provide a reasonable reply as soon as possible, but not later than twenty-four (24) hours. 0.11 - LABOR (a) All contractors and subcontractors employed upon the work shall and will be required to conform to the Labor Laws of the State of New York and the various Acts amendatory and supplementary there- to; and to all other laws, ordinances and legal requirements appli- cable thereto. (b) All labor shall be performed in the best and most worXman- like 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. 6 1 RT GS - 3 of 11 3 HOLZMACHER, MOLE 404 A MURR" P.C. ► H2M CORP. CONSUL"HO OIO MURS AND U MOMMonAL 800MSM GENERAL SPECIFICATIONS (CONT'D) 0.12 - WORKMANSHIP It is the intent of these Specifications to describe definitely and fully the character of materials and workmanship required with regard to all ordinary features , and to require first class work and materials in all particulars. For any unexpected features arising during the progress of the work and not fully covered herein , the specifications shall be inter- preted by the Engineer to require first class work and materials; and such interpretation shall be accepted by the Contractor. 0.13 - PROPER METHOD OF WORK AND PROPER MATERIALS r 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 d6mand any increase of such effi- ciency 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 ex- cept 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, such as manholes, catch basins, pipe lines, conduits, etc. 6 Z RT GS - 4 of 11 4 HOLZMACHER, Md.ENDON 3 MURRELL. P.C. / H2M Coat. comsuLrma c"ou au MND LMMIMNMMAL 90CWWM GENERAL SPECIFICATIONS (CONT'D) 0.14 - INSPECTION The Contractor shall, at all times, provide convenience of ac- ess and safe and proper facilities for the inspection of all parts of the work. No work, except such shop work as may be so permitted, shall be done except in the presence of the Engineer or his assist- ants. The Contractor shall notify the Engineer twenty-four (24) hours in advance as to when he intends to start or resume the work. No materials of any kind shall be used upon the work until it has been inspected and accepted by the Engineer; all materials re- jected shall be immediately removed from the work and not again of- fered for inspection. Any material or workmanship found at any time to be defective shall be remedied at once, regardless of previous inspection. The inspection and supervision of the work by the Engineer is intended to aid the Contractor in applying labor and materials to and in ac- cordance with the specifications, but such inspection shall not operate to release the Contractor from any of his contract obliga- tions. 0.15 - PHOTOGRAPHS Prior to the commencement of any work to be performed under this contract, the Contractor shall inspect all structures, pavement, walls, curbs, sidewalks along the route with the Engineer. Whenever cracks, breaks, defects, faults or structural decay is expected or visible, photographs shall be taken, by a professional photographer, to identify and to record each and every defect. Failure on the part of the Contractor to take such photographs will be construed as mean- ing that no defects existed prior to construction. The Contractor shall submit to the Engineer three (3) sets of 311x5" prints and the negatives from which the prints were made, which negatives shall be at least 35 millimeter in size. Prints shall be mounted in a photo album with a written description of each photo to include descriptions, street location, address and ownership of property or building , if available. No separate payment will be made for the photographs, 6 ' 1 RT GS - 5 of 11 5 HOLZMACHER, MCLENDON b MURRELL. P.C. / H2M CORP. CONSUL"ta DMUNOM AND L MMMMOVAL 800MM GENERAL SPECIFICATIONS (CONT'D) 0.16 - LINE AND GRADE : (a) The Engineer shall establish the lines and grades for the storm drains and appurtenances, and the necessary benchmarks for pavement construction stakeout. (b) All grades, lines, elevations and benchmarks shall be maintained by this Contractor who shall be responsible for same. (c) The Contractor shall verify all grades, lines, levels and dimensions as shown on the drawings, and he shall report any errors or inconsistencies in the above to the Engineer before commencing work. 0.17 - BOUNDARIES OF WORK AND CONTIGUOUS WORK The Town will obtain from the property owners rights-of-way for all work specified in this contract, and the ,Contractor shall not enter or occupy with men , tools or materials , any private ground outside the easements and rights-of-way without the consent of the owner and the w approval of the Engineer. Other contractors of the Town may, for all purposes required by their contract, enter upon the work and premises used by the Contractor, and the Contractor shall give to other contrac- tors of the Town all reasonable facilities and assistance for the com- pletion of adjoining work. 0.18 - RIGHT-OF-WAY Where the work called for extends upon or through private property , the Town shall produce all necessary rights , deeds and easements for access to the property and the Contractor shall not proceed with this part of the work until the Town has completed negotiations with the property holders and all necessary papers are in the hands of the Town. If, after a reasonable period of negotiations (up to one (1) year from signing of the contract) , rights or easements cannot be obtained, then the Town reserves the right to eliminate those items of work from the contract which required the easements prior to construction. No addi- tional compensation shall be made to the Contractor for such elimination. 4 2- SORT 81-01 GS - 6 of 11 6 a . HOLZMACHER.Mc DdM i MURREY» l.C. 1 M2M OORF. CONmarNo o101"am mo omRo motTAL /Gomm GENERAL SPECIFICATIONS (CONY D) 0.19 - PROTECTION OF WORK The Contractor shall place a sufficiency of red lights on or Dear any work accessible to the public and keep them burning su=nset to eun- rise; he shall erect suitable railings or barriers, and shall provide watchmen on the work by day or night, as required and deemed necessary# for the safety of the work, on public or adjoining property. The Town reserves the right to remedy any neglect on the part of the Contractor as regards the protection of the work which may cans to its attention, after 24 hours' notice in writing; except that is canes 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. 0.20 - MAINTAINING FLOW OF SEWERS AND DRAINS The Contractor shall, at his own cost and expense, provide for and maintain the flow of all sewers, drains , house or inlet connec- tions and all water-courses which may be met with during the progress of the work. He shall not allow the contents of any sewer, drain or house inlet connection to flow into trenches to be constructed under the contract, except where written permission is given by the Engineer and shall, at his own expense, immediately remove and cart away from the vicinity of the work all" offensive matter, using such precautions in so doing as may be direct-ed by the Engineer. 0.21 - PROTECTION OF EXISTING SUBSURFACE STRUCTURES Certain existing subsurface structures will likely bpi encountered during the construction of the work embraced in this contract, or located in such close proximity to the work to be done under this contract , as to require special precautions and methods for their pro- tection, such as sewers, drains, water mains and conduits, together with appurtenances, and are shown on the drawings. The sizes, loca- tions and depths shown, however, are only approximate and th* Contrac- tor shall satisfy himself as to the accuracy of the inforffiation given and shall not claim nor shall he be entitled to receive Compensation 6 for damages sustained by reason of the inaccuracy of the informAtion given or by reason of his failure to properly maintain and support such structures. RT GS - 7 of 11 7 MOL;MACHM Md,Dd=i MtMtKU.P C.I HM OW. MWOM OMIM M AND DMMNMDRAL MOMM GENERAL SPECIFICATIONS (CONT'D) Should the Contractor, through his own negligence, damage any portion of the existing underground structures, sewers, drains, cul- verts,, water limes, etc. , located within the limits of the contract, and which are to remain, he shall replace or restore sueh damaged pmrtious at his own expense and as directed by the tagineer. 0.32 - NOTIFYING UTILITY COMPANIES The Utility Companies shall be notified in accordance with Sec- tion 1918 of the Penal Law of the State of New York and Article 200 Section 322-a of the New York State General Business Law, entitled, "Construction or Blasting Near Pipes Conveying Combustible Gas, " _ which states, "the person having direction or control of such works shall given such notice and further, he shall ascertain whether there is within one hundred feet in such street, highway or public place. . .any pipe. . .conveying combustible gas." This Contractor and all other excavators must comply with Indus- trial Code Part 53 whereby this Contractor must obtain the list of each operator of underground facilities and provide advanced notice to each operator of his intent to perform excavation in the area specified under this contract., Y 0.23 - PUBLIC UTILITY COMPANIES All conduits, sewers, storm drains, water mains, underground elec- tric and telephone conductors or conduits, or gas mains encountered in the construction shall be properly and safely taken care of by the Con- tractor, who shall, upon encountering same, notify the public corpora- tion to whom they belong, in order that they may be changed in such a manner as not to interfere with the final construction if it is imposs- ible to cross over, under or around the other utility. 6 i RT GS - 8 of 11 8 aouMACHER.MdMON a MURMu, P.C. 1H2 CW. CONSUMNO ENOINEMM ANO DMOCHMMAI •pOMM GENERAL SPECIFICATIONS (CONT'D) 0.24 - INJURY TO SERVICT PIPES In case any damage shall result to any service pipe for water or i gas,, or any private or public sewer or conduit , the Contractor shall, without delay, and at his own expense, repair the same to the satis- faction of the Engineer and in case such repairs are not made promptly • or satisfactorily, the Owner may have the repairs made by another contractor, or otherwise, and deduct the cost of same from any monies due on to become due the Contractor. 0.25 - DAMAGES All damage, direct or indirect, of whatever nature resulting from either the performance of or resulting to the work under this contract during its progress from whatever cause, shall be borne and sustained by the Contractor, and all work shall be solely at his risk until the date of the final certificate. .t 0.26 - TRAFFIC MAINTENANCE The Contractor shall minimize all interference to vehicular, pedestrian and other traffic. , Traffic along the construction site • shall be provided with a passable and adequate road. All fire hyd- rants shall be accessible at all times. Maintenance of traffic ,shall include bridging over construction, construction in sections, providing detours, and other measures speci- fied. Access shall be maintained to all driveways. The Contractor shall furnish and install adequate warning signs, flags, lights, railings, barricades and other devices. Watchmen, flagmen and signal- men shall be provided to maintain traffic . 0.27 - REMOVAL OF TEMPORARY STRUCTURES On or before the completion of the work, the Contractor shall , without charge therefore', tear down and remove all buildings and other structures built by him for facilitating the carrying out of the work and shall remove all rubbish of all kinds from the grounds which he has occupied, and shall leave the site of the work clean and in good condition. 6 1 . RT GS - 9 of 11 9 HOU MACHM MCLEIv=i MNJRR"P.C. / MZM CON. CONVATING eHaNma ANO VM?AMMWiAL 80 MMM t GENERAL SPECIFICATIONS (CONT'n) 0.28 - %EA, ING, AND FINAL INSPECTION All pipe lines and other structures shall be kept clean during cou-struotimm, and as the work approaches completion, the Contractor shall a.ywoorat cally and thoroughly clean and make any needed re- pairs to the same. He shall furnish at his own expense suitable tools and labor for cleaning out all dirt, mortar and foreign substances from the structures, and also the water for cleaning by flushing. Any leakage of water into any structure exceeding the limits speci- tied, or any deviation from the proper grade for alignment to the structure or any other defect such as to make the work, in the opinion of the Engineer, fall snort of first class work, shall be properly corrected by the Contractor at his own expense. The clean- ing and repair* shall be arranged, so far as practicable, to be com- pleted upon finishing the construction work. Notice to begin this cleaning and repairing, if such is needed , will be given in due sea- son by the Engineer who, at the same time, will make his final in- spection of the work. The Engineer will not prepare his final certificate of this por- tion of the work until after the final inspection is made. During this final inspection , the Contractor, at his own expense, shall fur- nish suitable provisions as to needed drainage, workmen and appli- ances. 0.29 - TOILET FACILITIES t Necessary toilet facilities for the use of .the workmen on the project, properly secluded from observation, shall be erected and maintained by the Contractor in such manner and at .such points as shall be approved, and their use shall be strictly enforced. The contents of same shall be removed, with sufficient frequency to pre- vent nuisance, and disposed of to the satisfaction of the Engineer and the Town. The CO®tractor shall obey and enforce all sanitAry regulations. The sanitary condition of the grounds in and Around such toilet facilities must be maintained in a satisfactory manner at all times. 6 1 GS - 10 of 11 10 HOUMACHER,MdEN00N i MURRELL, P.C.! 142M CORP. CONSULnNo 04MMURS AND [1IV MMMMAL SC OMM GENERAL SPECIF'IC:ATIUNS (CONT P O) 0.30 - CHANGE ORDERS During the construction period of this contract, the Engineer may order, in writing, changes in sues of (prior to release from the manufacturer) and/or locations of (prior to delivery of materials) and/or additional items. The prices as bid for the respective size installed shall be also applicable to any such changes or additions ordered by the Engineer. The total cost of additional items ordered shall be limited to not more than ten percent (101%) of the total bid (including alternate bids) of all items. Change orders involving extras or additional funds outside the limits of the unit and/or lump sum prices must be approved by the Consulting Engineer and the Town of #outchols3 0. 31 - DEFINITIONS t The specifications indicate specific manufacturers and/or catalog numbers, etc . , for the purpose of standardization in order to minimize stockpiling of replacement parts. • The =words "or approved equal" as hereinafter used shall refer to the use of an equal product that has received prior approval by the Consulting Engineer for the Town. The word "Engineer" roferes to HOLZRACHER, McLENDON & MURRELI- P.C. , Consulting Engineer for the Town. The words "Owner" or "Town" refer to the TOWN GF SOUTHOLD. 2 SH GS - 11 of 11 11 HoLZMACHEK MCLENDON&MURRELL.P.C. aowiK�a�o�.�K�aannn.M wit PAVEMENT RESTORATION & REPLACEMENT ITEM 5 5. 1 - SCOPE The work under this item includes sawcutting, removal and disposal of existing pavements (temporary and permament) , and the furnishing and placing of asphalt concrete base and binder courses at the locations indicated on the plans or as directed by the Engineer. 5. 2 - GENERAL Under this item, the Contractor shall be responsible for the re- moval and disposal of the following: 1) All twporary pavement previously placed by Southold Town forces in connection with the installation of new storm drainage leaching pools within the project area. 2) All existing pavement indicated on the plans and any existing pave- ment ordered by the Engineer in the field during construction. In general, the removal of existing pavement will be ordered at those r locations where subgrade failure is evident. In addition, severely distressed or cracked pavement will be ordered removed. 3) All existing subbase material down to the required grade for con- struction of the new pavement section. In the event that the material at this grade is considered by the Engineer to be unsuitable as a sub- base for the new pavement, additional excavation ordered will be paid for under Item 14. Under this item, the Contractor shall construct a new pavement cross section at the aforementioned locations in accordance with the details indicated on the plans. Pavement restoration at leaching pools shall include the additional pavement required behind each structure, as detailed on the plans. Sawcutting is required when removing deteriorated pavement and shall be performed to the Engineer's satisfaction. Upon completion of sawcuttinq, all asphaltic concrete on all types of banes shall be removed in a meat, workmanlike manner, using modern pavement rival methods as approved by the Engineer. Disposing of revved material shall be done in an acceptable manner off the site or at a designated area specified by the Engineer. This Contractor shall be responsible for the payment of any dumping fees should he elect to use the Town Landfill facilities. 6 5.3 - SAWCUTTING 2 The existing asphalt pavement shall be cut at the locations desig- nated by the Engineer. The minimum depth of cut shall be two (2) inches. PRR - 1 of 4 12 r.ifl�HOLZMACHER, McLENDON i MURRELL.P.C. CONt{ILiM/0 tN01NltM.lMVMIOMMlMfM tptNnth�M�NN[M PAVEMENT RESTORATION & REPLACEMENT (CONT'D. ) 5.3 - SAWCUTTING .(Cont'd. ) All work shall be accomplished in a neat, workmanlike manner, using approved modern sawcutting methods. Failure to cut a minimum depth of two (2) inches will be con- sidered as grounds for rejection of the sawcut, and the Contractor shall be required to re-sawcut the pavement. No payment will be made for either the additional sawcutting or additional pavement replace- ment required. 5.4 - SUB-BASE The sub-base shall be cleaned of all loose or foreign material, reshaped if rutted, and otherwise prepared so as to provide uniform support for the pavement. All soft or unsuit4ble material such as loam shall be removed as directed by the Engineer, and replaced with suitable material approved by the Engineer and compacted in six (6) inch layers to the pavement base. Excavation to remove unsuitable materials below the bottom of the proposed base course shall be paid for under Item 14. Shaping of the sub-base shall be accomplished by hand or with mechanical grading equipment after which the. sub-base shall be mois- ened and compacted by means of a vibratory-type compactor in accordance with modern vibratory compaction methods, to the approval of the Engineer. All equipment for the proper preparation of the sub-base and for the placing and finishing of pavement shall be in first-class working order and shall be subject to any inspection the Engineer may desire prior to being placed in use. After the sub-base has been prepared and compacted to the required uniform density and to the.. required elevation, alignment and cross-section., it shall be maintained in that condition until the pavement is placed thereon. Pavement will not be plaeed upon any frozen sub-base or upon any material which, in the opin- ion of the Engineer, is unsuitable as a pavement foundation. The end result of all compactive efforts shall be that the sub-base material is compacted to not less than 95% of maximum density at optimum ' ;moisture content as determined by AASHTO T-99. In the event that the Engineer determines that there is reasonable doubt regarding the quality or degree of compaction, he may order that compaction tests be performed at random locations. All compaction tests shall be performed by an independent laboratory previously approved (written approval) by the Engineer. The costs for all 6• • compaction testing ordered shall be borne by the Contractor. 2 PRR - 2 of 4 13 HOtZMACHER,MCLENDON&MURRELL,P.C. aaruurseMa�at a onrcw*w n.wwwW[a PAVEMENT RESTORATION & REPLACEMENT (CONT-D. ) 5.5 - PAVEMENT MATERIALS Materials utilized for pavement restoration shall be in accor- dance with the "Suffolk County Public Works Specifications of ` November 1, 1968" as amended. The typical pavement restoration cross- section is indicated on the Contract Drawings. A bituminous material shall be placed on the concrete or bitum- inous base and at sawcut joints, as a tack or seal coat. The minimum application rate of this material shall be 0.1 gallons/square yard. The bituminous material shall conform to the requirements of New York State Department of Transportation Specification Section 407, Item No. 407.01. 5.6 - PAVEMENT CONSTRUCTION All pavement restoration shall be performed in accordance with the requirements of "BITUMINOUS PAVING CONSTRUCTION, PART II, SECTION 8" of the "Suffolk County Public Works Specifications of November 1, x 1968" as amended. 5.7 - MISCELLANEOUS No payment will be made under this Item for pavement disturbed or broken by the Contractor due to his own nealicsence or for pavements removed to facilitate the construction where specific authorization has not been given by the Engineer. 5.8 - MAINTENANCE AND GUARANTEE After repaving, the Contractor will be responsible for his work and will have to repair any sunken trenches immediately after notifi- cation from the Engineer, to the satisfaction of the Engineer and the Town of Southold Highway Department, for a period of one (1) year after the date of final certificate. 5.9 - BASIS OF PAYMENT Paymant will be made for the various types of pavement removal and restoration on a square yard basis in the following manner: Item. , - Bemve temporary pavement placed by others and restore excava- tion area with new asphaltic concrete as detailed on the plans. Con- struction of paved areas behind each of the new leaching pool structures 6 shall be included under this item. 2' Item 58 - Removal of existing deteriorated pavement sections and replace- ment with new asphaltic concrete as detailed on the plans or as ordered by the Engineer. PRR - 3 of 4 14 HOLZMACHER, McLENDON 6 MURRELL,P.C. OONM1Lt111011101111NI{.NIVMOIIMENTK�d�N1MtiMrlIANNEM PAVEMENT RESTORATION & REPLACEMENT (CONT'D. ) 5. 9 - BASIS OF PAYMENT (Cont'd. ) All pavement restoration shall be in accordance with the applicable Suffolk County Department of Public Works Specifications, the details in- dicated on the Contract Drawings and the directions and orders of the Engineer. The unit price bid for these items shall include all materials, labor, equipment and incidentals necessary to complete the work. 6 2. r PRR - 4 of 4 15 HOLZMACHER. MCLENDON d MURRELL,P.C. cowu►rwoewo�nM.iMVMoww+nKwtwnan.wru�M MAINTENANCE AND PROTECTION OF TRAFFIC ITEM 10 10.1 - SCOPE The work includes furnishing all labor, materials, equipment and appliances necessary to maintain both vehicular and pedestrian traffic, to protect the public from all damage to person and property and to minimize inconveniences to the residences and businesses ad- jacent to the. contract area for the duration of the contract in accordance with the specifications, as shown on the plans and as directed by and to the approval of the Engineer and the Town of Southold Highway Department. 10.2 - GENERAL The Contractor shall maintain traffic over a reasonably smooth travelled way which shall be so marked by signs, delineations and/or other methods so that a person who has no knowledge of conditions ' can safely, and with a minimum of discomfort and inconvenience, ride, drive or walk over all or any portion of the roadway under construc- tion. The Contractor shall prepare and submit a plan to the Engineer for his approval, outlining a schedule of operations for the mainten- ance, protection and detouring of traffic showing in complete detail the methods, sequences, procedures and facilities he proposes to install . Before the Contractor shall in any way or manner restrict or interfere with the normal flow of traffic, he must first secure written approval of his proposed plan from the Engineer. The Contractor is placed on notice that the Maintenance and Pro- tection of Traffic over this highway during construction is con- sidered as important and necessary an item of work as is the actual construction itself. The Contractor shall at all times conduct his operation in a manner to insure the safety of motorists, pedestrians and his own employees. The Contractor shall protect the user from damage to person and property by reason of any construction operation ( for example -- painting , paving, blasting, tree work, demolition, etc. ) by such protective screens, devices or methods as are approved by the Engineer. 6 2 I SORT MPT - 1 of A 16 HOLZMACHER. MCLENDON&MURRELL.P.C. apNNRTMq lMOMINM.lNYMWIM[MTK�',IENTNf�M N.A1111[M MAINTENANCE AND PROTECTION OF TRAFFIC - CONT'D. The Contractor shall under this item be responsible for the maintenance within the limits of the contract of the entire pave- ment, drainage facilities and other highway elements, both old and new, beginning on the date construction commences and ending on the date the contract is officially accepted. The Contractor shall schedule his work so as to minimize the amount of the old travelled way that is destroyed or substantially damaged at any one time. Throughout the course of the work the health and welfare of the people shall be provided for. The Contractor shall at -least one ( 1) week in advance of proposed work, ascertain the specific needs of individuals whose homes or place of business may be inaccessible for periods of time while required construction work is in progress . In all such cases, the Contractor shall make a•X1 arrangements with health, safety and protective agencies to insure that any and all emergency or accidental needs of seriously hampered people will be cared for. Roads which must be closed to traffic completely shall be completed during the normal work week. One week's advance notifi- cation of construction shall be given to affected residents. 10.3 - MATERIALS All materials used shall comply with the requirements for the various items or materials as established in the specifications or the plans. All temporary signs, delineators, barricades, lighting and other warning and guiding devices shall be as approved by the Engi- neer, and will remain the property of the Contractor. All materials and equipment and workmanship for electrical installations shall be in strict compliance with the Standard Code Requirements and the work shall be performed by licensed electri- cians. The Contractor shall obtain, supply and pay for all required electrical energy and shall make all necessary arrangements with the utility company for service points. All electrical services, permits and certificates shall be obtained and paid for by the Contractor. i )_ HT MPT - 2 of 6 17 �MHOLZMACHER, McLENDON 6 MURRELL.P.C. owwwrwo�o�e�s.uawoNw[Mr/u�wrNrs.w wwwEM MAINTENANCE AND PROTECTION OF TRAFFIC - CONT'D. 10.4 - CONSTRUCTION DETAILS 10. 4.1 - General - The Contractor shall generally provide a travelway suitable for maintaining a minimum of two lanes of traffic. This travelway shall be kept well drained and reasonably smooth and hard at all times and free of potholes , bumps, irregularities and depressions that hold or retain water. 10.4 .2 - Warning Signs & Delineators - The Contractor shall erect barricades, detour signs, warning lights and other facilities approved by the Engineer at the beginning, end and for the entire length of any detours to adequately warn the travelling public that the road is closed and indicate the direction and route of the detour. He shall conduct his operations to insure a minimum of delay to traffic. The Contractor shall furnish, erect and maintain proper reflect- . orized signs, indicating to motorists the status of the highway under construction. r All signs shall be kept clean, mounted at the indicated height and so placed as to be effective both day and night. Signs, warnings, delineators and barricades shall be used to adequately inform the motorist of any unusual or unsafe condition and to safely and clearly guide him through the contract area. Such signs, barricades, warnings or devices shall be so placed and lighted as to give timely warning and permit the motorist to take the necessary action to traverse the area safely. Barricades and signs shall be lighted when and as required . The Contractor shall delineate areas where there is a drop-off near the edge of the travel lanes and areas on which it is unsafe to travel . Where the drop-off is less than 6-inches, and where soft or unsafe areas occur, an approved delineator shall be placed along the edge of the travelway at intervals of not more than 200 feet. Where the drop-off is greater than 18-inches, a continuous delineation consisting of a white board or band shall be used in addition to individual delineators. Thirty ( 30) to fifty ( 50) gallon drums or containers set on end may be used as delineators, provided they are painted orange and white and kept clean at all times. Other markers or delineators may be circular or rectangular in shape and shall be constructed of reflective sheeting having a minimum area of 20 square inches or reflective buttons having a minimum diameter of 3-inches. All reflective delineators or markers shall be yellow or amber in color except that at entrances to commercial establish- ments the Contractor shall place a green reflective marker on each side of the designated safe entrance to the establishment. The entire 6. 2 . SOHT MPT - 3 of 6 18 HOLZMACHER, McLENDON 6 MURRELL.P.C. cowwatwo tMa�wee�a.�rvMa+rMrr�wNr+n.�w MAINTENANCE AND TRAFFIC PROTECTION - CONT'D. entrance area between adjacent green markers shall be kept safe and smooth for convenient ingress and egress. Delineators shall be sub- stantially mounted so that the bottom of the reflective unit is 4 feet above the elevation of the travelway. Any area judged by the Engineer to be particularly hazardous shall be marked by the use of oil burning flares or signal flashers with a large reflectorized orange lens in addition to the reflective markings. All signs, markers and other facilities shall indicate actual conditions existing and shall be moved, removed or changed immediately, as conditions require. Details and types of signs, temporary barricades, timber curb and other devices are shown on Standard Structure Sheets, Manual of Uniform Traffic Control Devices of the New York State Traffic Commission. These are minimum requirements and the Contractor shall have an adequate quantity of each available for use as required. The Engineer may, if conditions exist, requ4e additional signs. In that event, they shall be consistent with the arrangements, material requirements and details of those shown on the Standard Structure Sheets. Lighted barricades shall be fully equipped with complete electrical facilities including fixtures, lamps, conduits, switches, cut-outs, boxes, cable and all other required equipment, appurtenances and connections to the service points designated by. the utility company as necessary to install and light the barricades. The Contractor shall set and adjust time switches and other equipment as required to put the lighting system in satisfactory operation. 14.4.3 - Maintenance - The Contractor shall furnish material, labor and equipment at any time , day or night, to immediately repair, remedy and prevent washouts, formation of holes, ruts and depressions, sunken trenches and the destruction or sinking of temporary pavements. This applies when the work is underway and when the work is temporarily suspended for any period of time. Special attention shall be given to maintenance of a satisfactory travelway over weekends, holidays, and during the winter season. . Any damage to any portion of the work occasioned by lack of adequate maintenance shall be repaired by the Contractor at his own expense. 6 2 SOHT MPT - 4 of 6 19 HOLZMACHER, MCLENDON&MURRELL.P.C. ppNMKTNq lMONNtM,f11YM01M1lMfK�C1(MMl'�.M KANNfM MAINTENANCE AND PROTECTION OF TRAFFIC - CONT'D. 10. 4.4 - Flagmen - Whenever it is necessary to maintain traffic, the Contractor shall employ a sufficient number of competent flagmen during the time traffic is maintained. The Contractor shall also provide a sufficient number of competent flagmen in areas where traf- fic is congested, particularly where construction equipment is operating. 10.4.5 - Access - Under this item, the Contractor shall construct and maintain at all times where required or as directed, temporary bridges or bridging across pipe trenches, excavations, obstructions and newly laid pavements to provide adequate ingress and egress for pedestrian and vehicular traffic to and from private driveways, busi- ness and commercial establishments or for main street intersections and heavily travelled crossings. The Contractor will be required, after the installation of all pipes and necessary appurtenances thereto, to immediately backfill all trenches, compact the same with the surface -of the fill graded off, and install temporary pavement to permit the resumption of traffic without delay. The surfaces of all trenches shall be maintained continually by the Contractor to carry traffic smoothly, safely and without interruptions or slowdowns, until the permanent pavement has been restored. 10.4 .6 - Existing Signs - All existing highway signs and supports within the contract limits are to remain under the control and juris- diction of the Engineer and are to be properly maintained for the duration of the contract by the Contractor as directed by the Engineer. The Contractor shall, when shown on the plans or ordered, remove these existing signs; store, protect and keep them clean; and replace them on the contract as directed by the Engineer. Signs not to be replaced shall be cleaned and delivered to the Town as directed by the Engineer. Signs or markers lost or damaged because of negligence on the part of the Contractor shall be replaced at the Contractor 's expense. 10.5 - BASIS OF PAYMENT The work of maintenance and protection of traffic shall be paid for under Item 10 at a lump sum bid price that is greater than or equal to the minimum bid price indicated on the proposal sheets. In the event that, in the opinion of the Engineer, traffic is not properly and adequately maintained on any part of the contract on any day, and/ or the Contractor deviates from or fails to comply with the approved plans, schedules and modifications or amendments thereto, no payment for 6 maintenance and protection of traffic will be made for that day. 2 SOHT MPT - 5 of 6 20 HOLZMACHER, McLENDON&MURRELL.P.C. titwot�aweM t�Mpw�eMtKtaeMntnowruwa�t MAINTENANCE AND PROTECTION OF TRAFFIC - CONT'D. ' Daily cleanups of the project site are considered an integral part of the maintenance and protection of traffic. Therefore, no payment will be made for those days where, in the opinion of the Engineer, the Contractor has not performed a satisfactory cleanup. The amount of any such daily non-payment will be $100. The aggregate sum of money deducted for daily non-payment may exceed the actual amount bid for this item and may be deducted from any monies due the Contractor on other items of this contract. If the Contractor fails to maintain and protect traffic ade- quately and safely for a period of 24 hours , the Engineer may cor- rect the adverse conditions by the use of such means that he may deem necessary and augmented by such other equipment and personnel as it may be necessary to hire from outside sources, and the entire cost o€ this work by such forces, materials and equipment shall be deducted from any monies due the Contractor._ on this contract. The deduction due to the cost of this work shall be .in addition to the daily non- payment deductions listed above. The bid price shall include the cost of furnishing all labor, materials, tools and equipment necessary to satisfactorily complete the required work. Monthly payments will be made for this item in proportion to the total amount of contract work, excluding maintenance and pro- tection of traffic, completed divided by the total bid price less the stated allowance for maintenance and protection of traffic. +6 2 SORT MPT - 6 of 6 21 HOLZMACHER, MCLENOON 6 MURRELL.P.C. ppnatNraq e«oxraaM.a«Mwwra�r.►aaawnan...w�taa TACK COAT ITEM 11 11. 1 - SCOPE . This work shall consist of preparing and treating an existing bituminous or concrete surface with bituminous material in accordance with these specifications and in reasonably close conformity with the limits shown on the plans or established by the Engineer. 11.2 - MATERIALS The bituminous material, prior to dilution, shall meet the re- quirements of one of the following m4Lterial _designations from the N.Y.S.D.O.T. "Standard Specifications - CONSTRUCTION AND MATERIALS", dated January 2, 1981: Asphalt Emulsion (HFMS-2h) 702-3401 Asphalt Emulsion (SS-1h) 702-3601 Cationic Asphalt Emulsion (CSS-1h) 702-4501 The bituminous material shall be diluted with an equal volume of suitable emulsifier solution and thoroughly mixed into a homogeneous liquid . The diluted bituminous material will be sampled and tested in accordance with the Engineer 's written instruction. 11.3 - CONSTRUCTION DETAILS 11.3.1 - Equipment - The Contractor shall provide equipment for heath-g thdbituminous material and a distributor for applying the tack coat. The distributor shall be so designed, equipped, maintained and operated so that bituminous material can be applied uniformly on variable widths of surface up to 15 feet at readily determined and controlled rates from 0.05 to 2.0 gallons per square yard, with uniform pressure, and with an allowable variation from any specified rate not to exceed 0 .02 gallons per square yard. Distributor equipment .shali include a tachometer, accurate volume measuring devices or a calibrated tank, and a thermometer for measuring temperatures of tank contents. Distri- butors shall be equipped with a power unit for the pump, and full cir- 1 culation spray bars adjustable laterally and vertically. Distributors 0• . shall be equipped with an approved bituminous material sampling valve. When samples are taken through such valves, they shall be considered 1 representative of - all material in the tank. TC - 1 of 2 22 HOLZMACHER, McLENDON&MURRELL.P.C. oo�rra iM.�. �wr�►�orwn�n.r w�[M TACK COAT - CONT' D. r 11. 3.1 - Equipment - (CONT' D. ) Small power spray units Or hand spray equipment may be used in areas where the Engineer determines that the use of a distributor is impractical . .3. - Preparation of Surface to Be Treated - The existing surface shall be patched and cle;Rea and shall be free of irregularities to provide a reasonably smooth and uniform surface to receive the treat- ment. Unstable corrugated areas shall be removed and patched with mat- erials determined suitable by the Engineer. The edges of existing pavements, which are to be adjacent to new pavements, shall be cleaned to permit the adhesion of bituminous materials. .3.3 - Application of Bitminous Material - The bituminous material shall be uniformly app ed 1 th a pressure distributor . The _ tack coat shall be applied in such a manner as to permit one-way traffic, where practical. ' In addition, the tack coat shall be applied so as to offer the least inconvenience to traffic and to prevent pickup or tracking of the bituminous material. Tack coat shall not be applied during wet or cold weather, as determined by the Engineer. The temperature and areas to be treated shall be approved prior to application. The application rate shall be 0 .10 - 0.15 gallons per square yard unless otherwise ordered by the Engineer. 11.4 - NSTHOD OP MEASUREMENT The quantity to be paid for will be the number of gallons of diluted emulsion measured at 64 degrees Parenheit incorporated into the work. l p"IS OF PAYMENT The unit price bid per gallon for tack coat shall include the cost of furnishing materials and all equipment and labor necessary to com- plete the work. I - 0 1" TC - 2 of 2 23 H2M CORP. / HOLI.MACHER. WAENDON &MURR" P.C. cONfuLnma Qi0 MUN AND L MMMM04TAL somm THERMOPLASTIC PAVEMENT MARKINGS 12. 1 - SCOPE Under this item, the Contractor shall furnish and apply thermoplastic reflectorized pavement markings at the locations and in accordance with patterns indicated on the plans or pavement, or as ordered by the Engineer. This work shall include the cleaning and preparation of pavement surfaces and the maintenance and protec- tion of traffic during installation. 12. 2 - MATERIALS : THERMOPLASTIC PAVEMENT MARKING MATERIAL (WHITE & YELLOW This specification shall cover reflectorized thermoplastic pavement striping material that is extruded to the pavement surfaces in a molten state by mechanical means and which upon cooling to the normal pavement temperature produces a reflectorized traffic stripe of desired thickness and width. The term "Thermoplastic Material,, defines a substance free of volatiles, applied in a molten state, which after cooling to the ambient temperature and without polymerization or any other chemical change forms a traffic marking stripe of a quality and appearance as specified in subsequent' sections of these specifi- cations . This specification is intended to set minimum limits on material characteristics of the thermoplastic compound. The successful bidder shall furnish test samples of materials. He must also submit a list of installations made in the last three years. Material composition shall be in accordance with the following: A. In the plastic state, the material shall not give off fumes which are toxic or otherwise injurious to persons or property. B. The temperature versus viscosity characteristics of the plastic material shall remain constant through four reheatings ; and shall be the same from batch to batch. There shall be no obvious change in color of the material as a result of a number of reheatings or from batch to batch. C. The pigmented binder shall be well dispersed and free from all skins, dirt, foreign objects, or such ingredients as will cause bleeding, staining or discoloration. 24 PM - 1 of 5 HM CORP. / HCUMACHER. McLEN00N 6 MURR" P.C. coftsanse 0 MOlUM ANO C WWMMOHAL $COHN" THERMOPLASTIC PAVEMENT MARKINGS — CONT'D . • D. The binder shall consist of a mixture of non-drying synthetic resins at least one of which is solid at room temperature. The total binder content of the thermoplastic compound shall be not less than twenty percent (201%) and sufficient to hold the exposed beads securely in place without the beads abrading off. E. The filler to be incorporated with the resins as binder shall be a white calcium carbonate- or approved alternate with a minimum compressive strength of five thousand pounds (5,000 lbs. ) per square inch. F. Specific gravity of, the materials shall be between 1.9 and 2. 1 at 25 degrees centigrade. G. The percentage of pigments for white and yellow thermoplastic shall be between 10% and 151%.., _ N. The softening point (ASTM E 28 Test) shall be a minimum of 90 or as the Engineer approves . I. Reflectorized beads (Fed. Spec. TT-P-85) shall be employed in the material to the extent of not less than twenty percent (201%) nor more than 30 percent (30%) by weight of material. The glass beads used in the formulation shall have refractive indexes of not less than 1.50 when tested by the liquid method at 25 degrees centigrade; shall consist of 90;6 min. by count of water white • true spheres and shall be free from air inclusions. The beads shall have the following gradation unless the Engineer approves alternate sizes: U.S. Sieve No. Maximum Percent Passing 30 60% 50 15% 100 0% Not less than 90'x, of the spheres shall meet the following require- ments: 1. The surface of the spheres shall be smooth, 'lustrous and free from film, scratch and pits. PM - 2 of 5 25 HM CORP. / HMZMACHER. MCLENDON 6 MURRELL. P.C. CONSULTING E7i0 HU S ANO OI WWMOITAI SMIXTISTO THERMOPLASTIC PAVEMENT MARKINGS - CONT'D. 2. The spheres shall be clear and transparent and shall not be ovate in shape or fused spheroids and shall meet ASTM D1155 speci- fications. 3. The spheres shall show high autocollimating efficiency. Not more than 1% shall be black, amber or milky. The compound shall not deteriorate by contact, with sodium chloride, calcium chloride, or other chemicals used against formation of ice on roadways or streets or because of the oil content of pavement materials or from oil drip- ping from traffic. J. Topdressing beads shall be beads with a refractive index of 1.50 and the same specifications as above in Paragraph 1. Paymentfor these beads shall be included in the cost of thermoplastic material. K. The night-time visibility and-'reflectivity of the white and yellow thermoplastic lines shall be at least .equivalent to reflectorized painted traffic lines having six pounds per gallon drop on beads of 1. 5 index of refraction after each has been applied side by side on heavily traveled roads for one month. 12.3 - INSTALLATION PROCEDURES A. Layout for the installation of pavement markings will be performed by the Contractor. In the event resurfacing is completed at a time when the thermo- plastic cannot be applied, the Contractor shall install temporary painte lines as directed by the Engineer. The Contractor shall install re- quired permanent thermoplastic lines when the road surface is the appropriate temperature. The Contractor in submitting his bid, hereby agrees that he shall have no claim for any damages due to such delay other than extended time to complete the work. Application for- exten- sion of time shall be filed by the Contractor with the Engineer at least 15 days prior to the contract date of completion. The cost of any required temporary painted lines shall be included in the unit price bid for Item 12. B. Installation procedures for thermoplastic materials shall be in accordance with the following: 1. Before any work is begun, a schedule of operations shall be submitted for the approval of the Engineer. Signs, cones and other traffic control devices necessary to conform maintenance of traffic operations to the New York State Manual of Uniform Traffic Control Devices shall be on hand for the Engineers inspection prior to the start of work. PM - 3 of 5 26 H2M cont. / HOtZMACHER. Md.ENDON 6 MURRELL. P.C. ooNsw.nao a4m memo ORO UMMMMo+TAL lacmun THERMOPLASTIC PAVEMENT MARKINGS - CONT'D. 2. Material shall be applied to the pavement at material temper- ature no lower than 360OF nor higher than 4200F. Installation shall be done only in seasonable weather, in accordance with good practice and in accordance with the manufacturer's recommendation. Immediately after application of the thermoplastic, drop on glass spheres (top- dressing beads) shall be mechanically applied while the thermoplastic is still sufficiently molten, such that the spheres will be held by and mechanically imbedded in the surface of the material, in order to provide immediate night reflectivity. 3. The material shall be placed in accordance with the layout limes marked by the Contractor and shall conform as closely as possible to these layout marks. 4. Cleaning E ui merit - Equipment must be provided to insure removal: of dust, debris, and other.,foreign .matter from the road surface immediately prior to the installation of the thermoplastic. S. Condition of Pavement - The pavement shall be dry and free from oil, dirt, grease or other oreign contaminants at the time of instal- lation and the pavement temperature shall ' be above 550F and ambient temperature shall be 45OF and rising. 6. Equipment for Melting and Heating Thermoplastic Material - A special kettle mounted on a mobile unit is required for melting and heating the material. Such equipment shall incorporate the following features : The kettle shall be of sufficient capacity to satisfy the minimum installation requirements of the material as specified hereafter; The kettle shall provide means of heating the material by means of thermo- statically controlled heat transfer liquid rather than by direct flame, so as to provide positive temperature control and prevent overheating of the material; suitable temperature gauges to indicate liquid and material temperatures at all times shall be provided in the kettle; The kettle shall provide means of continually agitating the material while the material is being heated; the kettle shall have means of rapidly and efficiently discharging the liquid material into appro- priate application equipment; the kettle shall be equipped and con- stricted in such a manner so as to satisfy the requirements of the National Beard of Fire Underwriters and the appropriate agencies of the State of New York. q. Application E ui ment - Equipment shall be provided to place the material on pavement as a finished line. The portable hand operated applicator shall include the following features: PM - 4 of 5 27 • HM OORP. / HMDAACHER. McLENDON d MURRELL. P.G. cowmrma 04WHUM ANO tNV WNMUffAL KIanM THERMOPLASTIC PAVEMENT MARKINGS — CONT' D. The applicator shall provide agitation for the material prior to its actual installation; the applicator shall provide means of maintaining the material at its proper application temperature(not lower than 360OF nor above 4200F) ; the applicator shall be equipped with an extrusion shoe (die) that shall maintain uniformity of speci- fied width, and thickness of not less than 3/16-inch of generally. uniform cross-section. The shoe(s) or die(s) shall be made available to the Engineer for inspection prior to the start of work; the appli- cator shall provide a means of cleanly cutting off the ends of each length; the applicator shall be capable of providing lines of vari- able widths from 4-inches to 12-inches by use of interchangeable parts ; the applicator shall be easily maneuverable and so constructed as to permit application of curved lines ; the applicator shall be provided widza bead dispenser capable of uniformly dispensing reflective glass spheres (topdressing) at controllers rates of flow. The bead dispenser shall. be automatically operated in" such a mhnner that it will only dispense beads while the material is being applied. The beads shall be dispensed at a rate of not less than one pound per 16-square feet of material. Equivalent to 1 pound per 48 L.F. of 4-inch line. The ap- plicators shall be equipped and constructed in such a manner so as to satisfy the requirements of the National Board of Fire Underwriters and the appropriate agencies of the State of New York. In addition, a truck mounted mobile applicator may be used for the installation of longitudinal lines. This pavement marking machine shall combine the specifications of the above described kettle and applicator in one self- contained unit. 12.4 - BASIS OF PAYMENT Payment shall be made under Item 12 at the price bid for the actual number of linear feet of four-inch-wide pavement marking material measured along the center of the surface stripe. No payment will be made for the number of linear feet of space in the dashed line. Payment for markings wider than four inches will be made at contract price per foot of the four-inch line multiplied by the actual width in inches divided by four. Payment for arrows shall be made as equivalent to 50 feet of four-inch line per arrow. This item will be paid for at the contract unit price per linear foot of four-inch-wide pavement marking. The unit price bid shall include full compensation for furnishing all material, equipment, labor, and incidentals necessary to satisfactorily complete the work. All material includes topdressing beads. 28 PM - 5 of 5 HOLZMACHER, McLENDON&MURRELL,P.C. CpMNlLTNIO EMOINEEM.ENVMONYENTK EgEMTNT�.M MAMM[M ADDITIONAL EXCAVATION AND BACKFILL ITEM 14 14.1 - SCOPE The work includes the furnishing of all labor, materials, equip- went and appliances necessary to perform, stockpile and dispose of additional excavation, furnish and place additional selective backfill, perform and dispose of rock excavation in accordance with the speci- fications as ordered by and to the approval of the Engineer. 14.2 - STOCKPILING OF SURPLUS MATERIALS The Contractor. shali stockpile all materials that are excess from excavations that are suitable for reuse under this section of the specifications. The excess materials from excavations shall be stock- piled on property provided by and at -the expense of the Contractor. When ordered by the Engineer to provide backfill, the Contractor shall utilize all of the material stockpiled prior to furnishing "addi- tional backfill", for which separate payment will be made. At the completion of construction, all excess materials stock- piled will become the property and responsibility of the Contractor. There shall be no payment for maintenance of the stockpile herein described nor shall there by payment for rehandling any materials in the stockpile to incorporate it into the work. Payment shall be made only for the additional excavation required, if any, to remove unsuit- ablenlrials from beneath normal, excavation lines. 14. 3 - DESCRIPTION 14.34 - Md Backf .l.l. - ,Shall consist of crushed stone or bank run sanda grave,, free from organic or other unsuitable material, and of approved size, grade and quality for use as indicated on the plans submit for to Engineer's approval,ger. Prior to use, the Contractor shall where directed b the Engineer. q a sieve analysis of the special backfill. The material shall be of such size that not more than 70 percent by weight shall pass the No. 40 mesh sieve and not more than 15 percent by weight shall pass the No. 200 mesh sieve, 140.9 - l it anal Excavation - Shall consist of the removal and disposal o .an unsuitable a oun ation material encountered during any pavement construction. Suitability of. various materials as a foundation material will be decided by the Engineer. 6- 2 AE&B 1 of 3 29 HOLZMACHER. MCLENDON&MURRELL.P.C. ppNE11LTNq ENOINEEIIE.ENyN1pNMENTAI EgEMTNi1.M KMNIEM ADDITIONAL EXCAVATION AND BACKFILL (CONT'D. ) 14. 3. 3 - Rock Excavation - Shall be classified as boulders, hard • and solid ledge rock and other similar materials of more than one-half cubic yard (h c.y. ) volume. 14. 4 - PLACING ADDITIONAL BACKFILL Additional backfill shall be spread in layers not exceeding 6-inches in thickness and shall be thoroughly compacted to prevent settlement. Any settlement in the finished work shall be made good by the Contractor at his own cost and expense. 14.5 - BASIS OF PAYMENT Payment will be made at the unit price bid under Item 14A for the actual number of cubic yards of Additional Backfill as explained in _ Section 14.3.1, for additional selective backfill as ordered by the Engi- neer that is not already stockpiled by the Contractor for work ordered by the Engineer outside the prescribed limits as detailed on the plans or indicated in the specifications. No measurement and payment will be made for additional backfill used in unauthorized areas. The price bid per cubic yard for additional backfill shall include necessary ex- cavation and disposal and shall cover the cost of all materials and expenses incidental to the furnishing, placing and compacting the addi- tional backfill in the completed work, in accordance with the specifica- tions, or the Engineer' s directions. Bids on Item 14A shall not be less than $2.-00 nor more than $10.00 per cubic yard. Payment will be made under Item 14B at the unit price bid per cubic yard for additional excavation for the actual number of cubic yards removed below subgrade. Additional excavation shall be performed only when authorized by the Engineer. Bids on Item 14B shall not be less than $2.00 nor more than $10.00 per cubic yard. Payment for rock excavation will be made at the unit price bid for • Item 14C and shall be for the. actual number of .cubic yards of ledge . rock or boulders that must be removed in order to provide the proper subbase for pavement construction. In the excavation for pavement construction, the unit price to be paid for the rock excavation shall be the additional cost per cubic yard. for rock excavation. No payment shall be made nor shall measurement be made by any rock or boulder removed which did not exceed one-half cubic yard ( c.y. ) 6 in volume. AE&B - 2 of 3 30 • HOLZMACHER, MCLENDON&MURRELL.P.C. GOWATMO EMOINEEM.ENVWAMWMTAI EOEMTOVS.dit^WAM ADDITIONAL EXCAVATION AND BACKFILL (CONT'D. ) Bids on Item 14C shall not be less than $3.00 nor more than $50.00 per cubic yard. Payment under these Items shall include furnishing all labor, mate- rial, equipment and incidentals necessary to perform additional excava- tion, furnish and place additional backfill and perform rock excavation. 6 • AE&B - 3 of 3 31 HOLZMACHER, MCLENDON 6 MURRELI, P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS ASPHALT CONCRETE TRUING AND LEVELING COURSE ITEM 51-TL 51. 1 SCOPE Under this Item the Contractor shall furnish and place a truing- up or leveling course over the existing pavement surface in accordance with the provisions of Item 51-TL of the SUFFOLK COUNTY PUBLIC WORKS SPECIFICATIONS OF NOVEMBER 1, 1968" , as amended. 51.2 BASIS OF PAYMENT The unit price bid per ton for this Item shall include the cost of furnishing all materials, labor and'equipmen"t necessary to construct the truing and leveling course, as required by the Plans and as ordered by the Engineer. 1 0 . 1 A. 32 ACTL - 1 of 1 HOLZMACHER, McLENDON &MURRELL, P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS ASPHALT CONCRETE, TYPE lA (TOP COURSE) ITEM 51-FZ 1.0 - SCOPE Under this Item the Contractor shall furnish and place a one- course layer of top mix to the required thickness as shown on the plans, in accordance with the provisions of Item 51-FZ of the "SUFFOLK COUNTY PUBLIC WORKS SPECIFICATIONS OF NOVEMBER 1, 1968" , as amended. 1. 1 - BASIS OF PAYMENT The unit price bid per ton for this Item shall include the costs for all labor, equipment and materials necessary to construct the top course as required by the Plans and these Specifications. Included in the unit price bid for this Item shall be thO cost to construct all re- quired "V" grooves. and the cost to thoroughly sweep clean the existing roadway surface prior to any paving operations. 1 0 1 33 ACTC - 1 of 1 HOLZMACHER, McLENDON 6 MURRELL, P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS INDEMNITY, LIMITATION OF LIABILITY 1 . INDEMNITY The Contractor and all sub-contractors performing work in connection with this contract shall HOLD - HARMLESS, INDEMNIFY and defend the OWNER and ENGINEER, their consultants, and each of their officers, agents and employees from any liability, claims, losses or damage including reason- able costs of defense arising out of or alleged to arise from the Con- tractor' s or sub-contractor' s negligence in the performance of the work described in the Contract documents, but not including liability that may be due to the sole negligence of the OWNER, ENGINEER or their officers, agents and employees. 2 . LIMITATION OF LIABILITY The Contractor and all sub-contractors agree to limit the liability of the OWNER and ENGINEER due to the Engineer' s professional negligent errors or omissions such that the total aggregate liability of the engineer to those named shall not exceed fifty thousand ( $50,000 . ) dollars, or 5% of the contract award amount, whichever is greater. 1 0 0 ILL 1 of 1 "L4_L#AAl,"L14, MCltnLA.MV a MUnnl►1, r.k.. I Ila... w..r. CONSUMma [NGINELA• AND CNVIRONMOOTAL 6CIENTIM CONTRACT CONTRACT IN QUADRUPLICATE FOR RESURFACING OF SOUND AVENUE AT THE WESTERN TOWN LIMIT .AT TOWN OF SOUTHOLD , SUFFOLK COUNTY , NEW YORK , dated 19 BY AND BETWEEN THE TOWN BOARD OF THE TOWN OF SOUTHOLD , SUFFOLK COUNTY , NEW YORK , (herein called the "Town, " and J.T. Montecalvo, Inc. , 48 Railroad Avenue Center Moriches , 11934 ( herein called the "Contractor" ) . WITNESSETH , that the Town and the Contractor, in consideration of the premises and of the mutual covenants , considerations and agreements herein contained , agree as follows : This Contract is hereby awarded to the Contractor for the work and material called for under his bid in the Proposal section of the Contract and designated as Items: 5A, 5B, 10, 11 , 12 , 51TL. 51FZ and if required by the Consulting Engineer , Items: 14A 14B, 14C for the sum of : Ninety Two Thousand One Hundred Twenty Dollars and No Cents Dollars ($ 92 , 120 . 00 ) for the unit anc.i/or lump-sum price *s ) as listed in the Proposal herein . *NOTE: These prices September aboutl982 Aprilll� 198d, for performance of the work commencing onor �,-1 HOLZMACHER. McLENDON 6 MURRELL. P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIPONMCNTAL BCIENTIST7 CONTRACT - CONV D. 1 . CONTRACT DOCUMENTS AND DEFINITIONS The Notice to Bidders, Information for Bidders, Proposal , General Conditions, Contract , Specifications and Plans, together with any Addenda , shall form part of this Contract , and the pro- visions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. The titles, headings, head- lines 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 Docu- ments" is used, it shall mean and include this Contract , the Plans, Specifications , any Addenda , and the Notice to Bidders, Information for Bidders, General Conditions and Proposal . In case of any con- flict or inconsistency between the provisions of Lhe Contract and those of the Specifications, the provisions of the Contract shall govern. WORK: The ' term "Work" , as used herein, refers to 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 completed project , and includes all plant , labor , materials , supplies , equipment and other facilities and acts necessary or proper for or incidental to the carrying out and completion of the terms of this Contract . The term "work performed" shall be construed to include material delivered to and suitably stored at the site of the project. EXTRA WORK: The terms"Extra Work" , as used herein, refers to and includes all work required by the Town which, in the judgment of the Engineer , involves changes in or additions to work required by the Plans, Specifications and any Addenda in their present form. SUBCONTRACTOR: The term "Subcontractor" , as used herein, shall mean any person, firm or corporation applying labor and material for work at the site of the project , but not including the parties to this Contract. ENGINEER: In the performance of the work, the Town shall be represented by its Consulting Engineer HOLZMACHER, McLENDON & MURRELL, P.C. , (herein called the "Engineer") . C-2 NOLZMACHER. MGLENDON & MURRELL, P.C. / N2M CORP. CONSULTING ENGINEERA AND ENVIRONMENTAL BCIENTIS" CONTRACT - CONT' D. 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 the last known business address of , the person, firm or corporation for whom intended or to his, their, or its duly authorized agents, representatives or officers, or when enclosed in a postage prepaid wrapper or enve- lope addressed to such person, firm or corporation at his, their, or its last known business address and deposited in a United States Mail Box. 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, designa- tion or prescription of the Engineer, and "approved", "satisfied" , or "satisfactory" , " in the judgment of" , and words of like import, shall mean approved or acceptable to, or satisfactory to, in the _ judgment of the Engineer. 2. SCOPE OF THE WORK The Contractor will furnish all plant , labor , material , 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 the Contract . 3. COMPENSATION TO BE PAID TO THE CONTRACTOR (a) Agreed Prices : It is understood and agreed that the Con- tractor 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 reason of variations from the estimated quantities set forth in the Proposal. (b) Extra Work and/or Changes : The Town 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 : C-3 HOLZMACHER, McLENOON 6 MURRELL. F.C. / H2M CORP. CON3ULnNO ENGINMS ANO ENVIRONMU'ff" 8CI0T M CONTRACT - CONT'D. (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 prices or by a lump sum mutually agreed upon by the Town and the Con- tractor, or (3) If no such unit prices are 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, or 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 percent (20%) as full compensation for all other items of profit , costs and expenses , including administration, overhead, superintendence, insurance, insurance other than Workmen 's Compen- sation Insurance, material used in temporary structures, allowances made by the Contractor to subcontractors, additional premiums upon the Performance Bond of the Contractor and the use of small tools. 4 . TIME OF ESSENCE Inasmuch as the provisions of this Contract relating to the time for 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 pro- visions are of the essence of this Contract. 5. COMMENCEMENT OF WORK The Contractor agrees that he will commence work within ten <10) consecutive calendar days after signing this Contract , and that the day !ie commences work shall constitute the first of the • consecutive calendar days allowed for completion of the work. C-4 HOL.ZMACHER. MCLENDON&MURRELL. P.C. / H2M CORP. CONSULT114a ENGINEERS AND EMMONMUffAL SCIENTISTS CONTRACT - CONT'D. 6. TIME FOR COMPLETION The time for completion of this Contract shall be within the number of calendar days stated in the Bid Proposal and the date r of such completion shall be the date of the certificate of com- pletion hereinafter specified. The Town reserves the right to order the Contractor to suspend operations when, in the opinion of the Engineer, impro- per weather conditions make such action advisable, and to order the Contractor to resume operations when weather and ground con- ditions permit. The days during which such suspension of work is in force are not chargeable against the specified completion time. 7. LIQUIDATED DAMAGES FOR DELAY The time limit being essential to and of the essence of this Contract , the Contractor hereby agrees that the Town 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 two hundred and fifty dollars ($250.00) per day 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 Town 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, provided, however, that the Town 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 completicgn of his 4 work by reason of unforeseeable causes beyond his control find with- out his fault, or negligence, including but not restricted to Acts 2." of God or of any public enemy, acts or neglect of the Town # acts or neglect of any other Contractor, fires, floods, epidemics, quarantine restrictions, strikes, riots, civil commotion 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 Town. No such extension of time shall be considered a waiver by the Town of its right to terminate the Contract for abandonlent or delay by the Contractor as hereinafter provided or relieve the Contractor from full responsibility for performance Of his hbliga- tions hereunder. C-5 RT HOLIMACHER, MCLENOON d MURRELL. P.C. / H2M CORP. CON3ULTINO ENGINEEAS AND fNVIRONMCHTAI SCIENTISTS CONTRACT - CONT' 1). 9 . CONTRACT SECURITY (a) 'Phe Contractor shalt furnish a Performance Bond in an amount equal to one hundred percent ( 100` ) of the total. contract price as security for the faithful performance of this contract , and for the payment of all persons performing labor or furnishing mater- ials in connection with this Contract . (b) Additional or Substitute Bond : If, at any time, the Town shall be or become dissatisfied with any surety or sureties , then upon the Performance Bond, or if , for any other reason , such bond shall cease to be adequate security to the Town , the Contractor shall , within five (5) days after notice from the Town , substitute an acceptable bond in such form and sum, and signed by such other surety as may be satisfactory to the Town . The premiums on such bonds shall be paid by the Contractor. No further payments shall be deemed due , nor shall be made until the new surety shall have been qualified. (c) Prior to release of the Performance Bond, the Contractor shall deliver * to the Town a Maintenance Bond equal to one hundred percent (100°,6) of the total Contract price , including all extras . This Maintenance Bond shall remain in full force and effect for a period of one (1 ) year after the date of the final certificate and such bond, which shall be executed by the Contractor and issued by a reliable , solvent surety company authorized to do business inthe State of New York shall guarantee to the Town that the Contractor shall promptly remedy any defects or faults that may occur within twelve (12) months after completion and acceptance of the work performed by the Contractor pursuant to this Contract . 10. CONTRACTOR'S INSURANCE The Contractor shall not commence any work until he has obtained and had approved by the Town all of the insurance required under this Contract , as enumerated herein : Compensation Insurance Public Liability and Property Damage Insurance ` Contractor's Protective Liability and Property Damage Insurance Owner's (Town of Southold) and Engineer ' s Pro- tective Public Liability and Property Damage Insurance Automobile Public Liability and Property Damage Insurance C-6 HOLZMACHER, MCLENDON & MURRELL, P.C. / H2M CORP. CON3ULTIN0 ENOINELAS AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT' D. The Contractor shall not permit any subcontractor to commence any operation on ttie site until satisfactory proof of carriage of the above required insurance has been posted with, and approved by, the Town. (a) Compensation Insurance: The Contractor shall take out and maintain, during the life of this Contract , Workmen's Compensation Insurance for all of his employees employed at the site of the pro- ject , and in any case of any of the work being sublet, the Contractor shall require the subcontractor similarly to provide Workmen's Com- pensation Insurance for all of the latter 's employees, unless such employees are covered by the protection afforded by the Contractor. (b) Public Liability and Property Damage Insurance: The Con- tractor shall take out and maintain during the life of this Contract such Public Liability and Property Damage Insurance as shall pro- tect him and any subcontractor- performing work covered by this Contract for 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 , whether such opera- tions be by himself or by any subcontractor, or by anyone directly or indirectly employed by either of them, and the amounts of such insurance shall be as follows : Public Liability Insurance in the amount not less Man Five Hundred Thousand Dollars ($500,000. ) for bodily injuries , including wrongful death to any one person, and subject to the same limit for each person in an amount not less than One Million Dollars ($1,000,000. ) on account ,of one accident. Property Damage Insurance in an amount not less than One Hundred Thousand Dollars ($500,000. ) for damages on account of any one accident and in an amount of not less than Two Hundred Thousand Dollars ($1 ,000,000. ) for damages on account of all accidents. (c) Liability and Property Damage Insurance: The above policies for public liability and property damage insurance must be so written as to include Contractor 's Protective Liability and Property Damage Insurance to protect the Contractor against claims arising from the operations of any subcontractor. C-7 HOLZMACHER, MCLENDON 6 MURRELL. P.C. / H2M CORP. CON3ULTINQ ENOINEEA{ AND ENVIRONMENTAL 8CIETITIfTS CONTRACT - CONT' D. (d) Owner' s and/or Engineers Protective Public Liability and Property Damage Insurance: (Town and/or Town Board, Town of Southold and/or Holzmacher , McLendon & Murrell, P.C. ) The Con- tractor shall furnish to the Town with respect to the operations he or any of his subcontractors perform, a regular Protective Public Liability Insurance Policy for and in behalf of the Town and/or Town Board, Town of Southold and/or Holzmacher, McLendon & Murrell, P.C. , providing for a limit of not less than $500,000. for all damages arising out of bodily injuries to, or death of one person and subject to that limit for each person, a total limit of $1,000, 000. for all damages arising out of bodily inju- ries to, or death of , two or more persons in any one accident ; and regular Protective Property Damage Insurance providing for a limit of not less than $500,000. for all damages arising out of injury to, or destruction of, property in any one accident and subject to that limit per accident a total (or aggregate) limit of $1 , 000,000. for all damages arising out of injury to, or des- truction of property during the policy period. The insurance must fully cover the legal liability of the Town and/or Town Board, Town of Southold as owner and/or Holzmacher, McLendon & Murrell, P.C. The coverage provided under this policy must not be affected if the Town and/or Engineer performs work in connection with the project either for , or in cooperation with, the Contractor or as an aid there- to, whether the same be a part of the Contract or separate there- from, by means of its own employees or agents, or if the Town and/or Engineer directs or supervises the work to be performed by the Contractor. r (e) Automobile Public Liability and Property Damage Insurance: The Contractor shall take"-out and maintain during the life of the Contract such automobile public liability and property damage insurance as shall protect him and any subcontractor performing work covered by this contract 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 Con- tract , whether such operations be by himself or by any subcontractor, or by anyone directly or indirectly employed by either of them and the amounts of sucf, insurance shall be as follows : C-8 HOLZMACHER. MCLENDON & MURRELL. P.C. / H2M CORP. CON3ULTINO ENOINEER! AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT' D. Automobile Public Liability Insurance in an amount not less than Five hundred Thousand Dollars ($500,000. ) for bodily injuries , including wrongful death by any one person, and subject to the same limit for each person in an amount not less than One Million Dollars ($1,0001000. ) on account of one accident. Automobile Property Damage Insurance in an amount of not less than One Hundred Thousand Dollars ($100,000. ) for damages on account of any one accident and in an amount of not less than Two Hundred Thousand Dollars ($200,000. ) for damages on account of all accidents. 11 . PROOF OF CARRIAGE OF INSURANCE The Contractor shall furnish the Town with certificates of each insurer insuring the Contractor or any subcontractor under this Contract , except with respect to subdivision (d) of Paragraph 10. In respect to this paragraph , the Contractor shall furnish the Town with the original insurance policy and a copy to the Engineer. Both certificates, as furnished, and the insurance policy, as required, shall bear the policy numbers , the expiration date of the policy and the limit or limits of liability thereunder. Both the certificates and the policy shall be further endorsed to provide the Town and Engineer with any notice of cancellation at least five (5) days prior to the actual date of such cancellation. C-9 HOLZMACHER, MGLENWN 6 MURRELL. P.C. / H2M CORP. CONSULTING ENGINEER& AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT' D. 12. COMPLIANCE WITH LABOR AND PENAL 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 Laws, as amended, provide 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 con- templated by this Contract , shall be permitted or required to work more than eight (8) hours in any one 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, except in such emergency; that the wages to be paid for a legal day's work as hereinbefore defined, to laborers, workmen, or mechanics upon the work called for under this Con- tract , or for any materials 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 Conti-actor, subcontractor, or other person about or upon the work shall be paid the wages herein provided ; that employees engaged in the construction outside the limits of cities and villages are no longer exempt from the pro- visions of the Labor Law which required the payment of the pre- vailing rate of wages and the eight (8) hour day. Section 222 of the Labor Law, as amended by Chapters 556 and 557 of the Laws of 1933, provides that preference in employ- ment 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 satis- factory 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 Coll- tractor 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 (30) days nor more than ninety (90) days , or both fine and imprisonment. C-10 HWMACHER. McLENDON & MURRELL. F.C. / H2M CONP. CON3ULTINO ENGINEER• AND ENVIRONMENYAL 6CIENTIM CONTRACT - CONT' D. Section 220A of the Labor Law, as amended by Chapter 472 of the Laws of 1932, provides that beforepayment isomade by e or on behalf of the State or any City, y, 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 sub- contractor to file a certified statement in writing, in satis- factory 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 Contract, 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 payment to any Contractor or subcontractor to the extent of the amount or 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 other reason, it may be deemed advisable, the Comptroller of the State or other financial officer of the Municipal Corporation may deduct from the whole amount of any payment on account thereof the sum or sums admitted by any Contractor or subcontractor in such statement or statements so filed to be due and owing by him on account of labor per- formed 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 Con- tractor 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, recon- struction, maintenance and/or repair of highways to which the State, County, Town and/or Village is a party shall contain the provision stating the minimum rate of hourly wage that can be 6 paid , as shall be designated by the Industrial Commissioner, 2 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 C-11 HOIZMACHER. MGIENDON 6 MURRELL, P.C. / H2M CORP. CON3ULTINO ENGINUAS AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT'D. 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 by both 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 or 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 Com- missioner, State of New York, for this Contract , are as set forth in the Information for Bidders. Section 1918 of the Penal Law, as amended, provides that 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 of 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 person, corporation or municipality conveying combustible gas, and if 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 disharge explosives to protect a person or persons from an immediate and substantial danger of death or serious personal in- jury if such notices are given before any such discharge is under- taken. Any such work shall be performed in such manner as to avoid damage to pipe conveying combustible gas. Any violation of the provisions of this Section shall be a misdemeanor. C-12 T HOIZMACHER, McLENDON & MURRELL. P.C. / H2M CORP. CON3ULTINO ENGINEERS AND ENVIRONMENTAL SCIENTIM CONTRACT - CONT' 1). 13. (,QUALIFICATIONS FOR EMPLOYMENT No person under the age of sixteen (16) years, and no person currently serving sentence in a penal or correctional institution shall be employed to perform any work on the project under this Contract . No person whose age or physical condition is such as to make his employment dangerous to his health or safety , or the health and safety of others, shall be employed to perform any work on this project ; provided , however, that such restriction shall not operate against the employment of physically handi- capped persons , otherwise employable, where each person may be safely assigned to work which they can ably perform. 14 . NON-DISCRIMINATION There shall be no discrimination because of race, creed or color in the employment of persons for work under this Contract , whether performed by the Contractor or any subcontractor. Neither shall the Contractor or any subcontractor discriminate in any manner against or intimidate any employee hired for the perform- ance of work under this Contract on account of race , creed or color. There may be deducted from the amount payable to the Con- tractor by the Town 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 Con- tract may be canceled or terminated by the Town and all monies due or to become due hereunder may be forfeited. 1.5. PAYMENT OF EMPLOYEES The Contractor and each of his subcontractors shall pay each of his employees engaged in work on this project under this Contract in full ( less deductions made mandatory by law) in cash and not less often than once each week . C-13 ■ 1� HOLZMACHER, MCLENDON&MURRELL,P.C. CONGULTWO EM W*6N&INVW40 MENTAL WWNTNITS SW►LANNEp CONTRACT - CONT' D. 16. ESTIMATES AND PAYMENTS (a) Monthly: At the end of each calendar month during the progress of the work, the Engineer shall make up an approximate estimate of the work done and the materials furnished, based upon the prices set forth in the Proposal. In consideration of the work done and the materials furnished, the Town will pay or cause to be paid to the Contractor the amount estimated by the Engineer as due him less a sum equal to five percent (5%) of such amount and less such additional amount as may be necessary to satisfy any claims, liens or judgments against the Contractor which have not been suitably discharged. The making of any such estimate or payment made thereon shall not be taken or construed as an acceptance by the Engineer or the Town of any work so estimated and paid for. The amount of the monthly estimate remaining unpaid will be retained by the Town as a guarantee that the Contractor will faithfully and completely fulfill all obligations imposed by the Contract and Specifications, and against any damages incurred by the Town by reason of any failure on the part of the Contractor to fulfill all conditions and obligations herein contained. All partial payments are subject to correction in any subse- quent payment. The retained amounts shall be paid as set forth in 16b. The Contractor shall receive payment within ten (10) days after the Town receives payment from the New York State Department of Transportation. (b) Final Certificate: Thirty (30) days after the Contractor shall have substantially completed the work required of it under the Contract, the Engineer will prepare a final certificate of the remaining amount of the Contract balance less a sum equal to two (2) times the value of any remaining items to be completed and less an amount necessary to satisfy any claims, liens or .judgments against the items of work are satisfactorily completed or corrected, the Town shall promptly pay, upon receipt of a requisition for these items less an amount necessary to satisfy any claims, liens or judgments against the Contractor which have not been suitably discharged. Any claims, liens and judgments referred to in this section shall pertain to the project and shall be filed in accordance with the terms of the applicable Contract and/or applicable laws. The Contractor shall receive payment within ten (10) days after the Town receives payment from the New York State Department of Transpor- tation. (c) In order to secure the performance of the convenant of the Contractor, prior to release of the Performance Bond, the Contractor shall deliver to the Town a Maintenance Bond equal to one hundred percent (100%) of the total Contract price, including all extras. This Maintenance Bond shall remain in full force and effect for a period of one (1) year after the date of the final certificate and such bond, which shall be executed by the Contractor and issued by a reliable, solvent surety company authorized to do business in the State of New York shall guarantee to the B Town that the Contractor shall promptly remedy any defects or faults that may occur within twelve (12) months after completion and acceptance of the work performed by the Contractor pursuant to this Contract. C-14 HOLZMACHER, MCLENOON d MURRELL. P.C. / H2M CORP. CONSULTING EP40INELRO ANO ENVIRONMENTAL SCIENTISTS CONTRACT - CONT' U. (d) Measurements for Payment : The Engineer shall make due measurement of the work done during the progress of the work and his estimate shall be final and conclusive evidence of the amounts of work performed by the Contractor under, and by virtue of , this agreement , and shall. be taken as the full measure of compensation to be received by the. Contractor. When requested by the Contractor, the Engineer shall measure , re-measure or re-estimate any portion of the work ; but the expense of such re-measurement or re-estimating shall , unless material error be proved , be paid for by the Contractor. 17. 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 Town from all claims and all li.abili.ties to the Contractor for all things done or furnished in connection with this work and for every act and neglect of the Town and other relating to, or arising out of , this work, excepting _ the Contractor 's claims for interest upon the final payment , if this payments be improperly delayed. No payment , however, final or otherwise , shall operate to release the Contractor or his sureties from any obligations under this Contract or the Performance Bond. 18. CONSTRUCTION REPORTS The Contractor shall, submit to the Engineer prior to the commencing of any work under this Contract a detailed schedule and plan of operation, indicating the manner in which the Contractor proposes to prosecute the work, and a. time schedule therefore. 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 Contractor shall furnish the Engineer with periodic esti- mates for partial payments as required elsewhere in the Contract documents and, in addi.tion thereto, will furnish the Engineer with a detailed estimate for final payment . Prior to being eligible to receive 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 other than the Town as may be required by such existing laws or regulations . C-15 HOLZMACHER, McLENDON d MURRELL, P.C. / H2M CORP. CONSULTING ENGINEER• AND ENVIRONMENTAL SCIENTIM CONTRACT - CONT' D. 19. INSPECTION AND TESTS All material and workmanship shall be subject to inspection, examination and test by the Engineer and other representatives of the Town at any time during the construction and at any and all places where manufacturing of materials used and/or construct- tion is carried on. Without additional charge , the Contractor shall furnish promptly all reasonable facilities , labor and materials neces- sary to make tests so required safe and convenient . If, at any time, before final acceptance of the entire work, the Engineer considers necessary or advisable an examin- ation 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 expenses of or 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 examin- ation and reconstruction in the manner herein provided for the payment of costs of extra work. The selection of laboratories- and/or agencies for the in- spection and tests of supplies, materials or equipment shall be subject to the approval of the Engineer. Satisfactory documen- tary evidence that the material has passed the required inspec- tion and test must be furnished the Engineer prior to the incor- poration of the material in the work. Any rejected work shall be removed from the site of the project completely at the expense of the Contractor. C-16 NOLZMACNER, McLENDON 6 MURRELL. F.C. / N2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS CON'T'RACT - CONT' D. 20. 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 on the Plans shall have the same effect .as if shown or mentioned respectively in both. In case of any conflict or inconsistency between the Plans and Specifications , the Plans shall govern. Any discrepancy between the figures and specifications shall be submitted to the Engineer , whose decision therein shall be conclusive. 21. SUBSURFACE CONDITIONS FOUND DIFFERENT Should the Contractor encounter subsurface conditions at the site materially differing from those shown on the Plans or indi- cated 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 . 22. CONTRACTOR'S TITLE TO MATERIALS No material or supplies for the work shall be purchased by the Contractor or by 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. 23 . SUPERINTENDENCE BY CONTRACTOR At the site of the work the Contractor shall employ a Con- struction Superintendent or foreman who shall have full authority to act for the Contractor. It is understood that such represen- tative 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. C-17 HOLZMACHER, McLENDON 6 MURRELL. P.C. / H2M CORP. CON3ULTINO ENOINELR• AND ENVIRONMENTAL 6CIENTIM CONTRACT - CONT' D. 24 . PROTECTION OF WORK. PERSONS AND PROPERTY Precaution shall be exercised at all times for the proper protection of all persons , property and work. The safety pro- visions 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 Town or its Engineer to adequately safeguard the traveling public . The Contractor shall give notice to the owners of all utilities which may serve the area and request their assistance in pre- determining the location and depth of the various pipes , conducts , manholes and other underground facilities . 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 Town or its duly authorized representatives . The Contractor shall provide and maintain such watchmen, barriers , lights , flares and other signals , at his own expense, as will effectively prevent any accident in consequence of his work for which the Town might be liable. The Contractor shall be liable for all injury or damage caused by his act or neglect, or that of his employees: 25. PATENT RIGHTS As part of his obligation hereunder and without any ad- ditional 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 Town for any loss on account of any infringement of any patent rights , unless prior to his use in the work of a particular process or a product of a particular manufacturer, he notifies the Town in writing that such process or product is an infringement of a patent. C-18 HOLZMACHER, MGLENOON 6 MURRELL, P.C. / H2M CORP. CONSULTING ENUINEER• ANO ENVIRONMENTAL BCIENTIM CONTRACT - COMP, D. 26. REPRESENTATIONS OF CONTRACTOR The Contractor represents and warrants : (a) That he is financially solvent and that he is experienced in and competent to perfrom 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 lie is familiar with all Federal , State and Municipal Laws , 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 it is intended and that such construc- tion 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 investigation he has satisfied himself as to the nature and location of the work, the character, location, quality and quantity of surface and sub- surface materials , structures and utilities likely to be encountered, the character of equipment, and other facilities needed for the performance of the work, the general local conditions which may in any way affect the work or its performance. 27. 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 all 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 ether questions in connection with the work. Upon request, the Engineer shall confirm in writing any oral orders, directions , requirements or determinations . The enumera tioi herein or elsewhere in the contract documents of particular instances in which the opinion, judgment , 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 so performed, but without exception all the work shall be governed and so performed. C-19 i 1 HOLZMACHER, MCLENDON a MURRELL,P.0 CONSULTING ENGINEERS.ENVIRONMENTAL SGENUBTS-d PLANNERS CONTRACT - CONT' D 28. SURVEYS The Engineer will furnish the Contractor with the benchmarks necessary to complete the work, All further layout of lines and grades will be the responsibility of the Contractor, 29 . CHANGES AND ALTERATIONS The Town reserves the right to make alterations in the location, line, grade, plans, form or dimensions of the work., or any part thereof, either before or after the commencement of the 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, 30. CORRECTION OF WORK All work and all materials, whether incorporated into the work or not, all processes of manufacture and all methods of con- struction shall be, at all times and places, subject to the in- spection 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. Rejected materials shall im- mediately be removed from the site. 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 judgment of the Engineer, shall be equitable, The Contractor expressly warrants that his work shall be 5 free from any defects in materials or workmanship, and agrees 2 to correct any defects, settlements, or shrinkages which may appear within one year following the date of the final certi- ficate. Neither the acceptance of the completed work nor SOHT C-20 81-01 HOLZMACHER, McLENDON 6 MURRELL. P.C. / H2M CORP. CON3ULTINO ENOINELAR AND ENVIRONMLNTAL 9CIENTIST3 CONTRACT - CONT' D. payment therefor shall operate to release the Contractor or his sureties from any obligations under or upon this Contract or the Performance Bond. 31. WEATHER CONDITIONS In the event of temporary suspension of the 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 materials shall have been damaged or injured by reason of the failure on the part of the Contractor or any of his subcontractors to protect his , or their work, such work and materials shall be removed and replaced at the expense of the Contractor. 32. THE TOWN' S RIGHT TO WITHHOLD PAYMENTS The Town may withhold from the Contractor so much of any approved payments due him as may , in the judgment of the Town, 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 ,Town from loss. due to defec- tive work not remedied, or (c) To protect the Town 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 Town shall have the right , as agent for the Contractor, to apply any such amounts so withheld in such manner as the Town may deem proper to satisfy such claims or to secure such protection. Such application of such money shall be deemed payments for the account of the Contractor. C-21 HOLZMACHER, McLENDON & MURRELL. P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT ' D. 33. Tiii; TOWN 'S R i GILT TO STOP WORK OR TERMINATE CONTRACT : I r, (a) The Contractor shall. be adjudged bankrupt or make an assignment for the benefit of creditors , or (b) A receiver or liquidator shall be appointed for the Contractor for any of his property and shall not be dismissed within 20 days after such appointment , or the proceedings in connection therewith shall not be stayed on appeal within the sa.id 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 period herein specified (or any duly authorized extension thereof) or shall fail to complete the work within said period , or (e) The Contractor shall fail to make prompt payment 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 provision of this Contract , then, and in any such event , the Town, without prejudice to any other rights or remedy it may have, may by seven (7) days notice to the Contractor, terminate the employ- ment of the Contractor and'-his righ-ts to proceed either as to the entire work or ( at the option of the Town) 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 Town may deem expedient . In such case, the Contractor shall not be entitled to receive any further + payment until the work is finished. If the unpaid balance of tate 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. C-22 n lJL6MnL.f1Lf1, 0"4;LSJVL^M d MUKKLAA. P.V. / "dM LAMM CON3ULTINO ENOINEtAG AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT' U. If such expense shall exceed the unpaid balance, the Contractor and his sureties shall be liable to the Town for such excess . If the right of the Contractor to proceed with the work is so terminated, the Town 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 Town does not so terminate the right of the Contractor to proceed, the Contractor shall continue the work. 34 . CONTRACTOR' S RIGHT TO STOP WORK OR TERMINATE CONTRACT If the work shall be stopped by order of the Court or any other public authority, for a period of three months without act or fault of the Contractor or of any of his agents , servants , em- ployees or subcontractors , the Contractor may, upon ten (10) days notice to the Town, discontinue his performance of the work and/or terminate the Contract , in which event the liability of the Town to the Contractor shall be determined as provided in the paragraphs immediately preceding, except that the Contractor shall not be obligated to pay to the Town any excess of the expense of completing the work over the unpaid balance of the compensation to be paid to the Contractor hereunder. 35. RESPONSIBILITY OF WORK z The Contractor agrees to be responsible for the entire work embraced in this Contract unt*1 its completion and final acceptance, and that any unfaithful or imperfect work that may become damaged from any cause, either by act of commission or omission to properly guard and protect the work that may be dis- covered at any time before. the completion and acceptance shall be removed and replaced by good and satisfactory work without any charge to the Town 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 of any work by the Engineer at or before the time of a partial payment -or other estimate shall not be construed to be an acceptance of any defective work. C-23 HOLZMACHER, MCLENDON 6 MURRELL. P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTIST CONTRACT - CONT, D. 36. USES OF PREMISES AND REMOVAL OF DEBRIS The Contractor expressly undertakes at his own expense: (a) to take every precaution against injury to persons or damages to property ; (b) to store his apparatus , materials , supplies and equip- ment 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 ; or other contractors ; (c) to place upon any of the completed work only such super- imposed loads as are consistent with the safety of that portion of the work; (d) 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 and orderly and workmanlike appearance ; (e) before final certificate, to remove all surplus material, temporary structures , plants of any description and debris of any and every nature resulting from his operations and to put the site - in a neat and orderly condition . 37 POWER OF THE CONTRAC'YOR TO ACT IN AN EMERGENCY In case of an emergency which. threatens loss or injury to property and/or safety to life , the Contractor will be permitted to act as he sees fit without previous instructions from the En- gineer. Ile shall notify the Engineer thereof immediately there- after 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 in- structed 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. C-24 HU4_1MAL;HtN, MCLLMMM 6 MUN►ItLL., F.G. / HLM LA MI-- CONSULTINO ENOINEA• AND ENVIRONMa4TAL SCIENTISTS CONTRACT - CONT' 1). 38. SUITS AT LAW The Contractor shall indemnify and save harmless the Town from and against all suits , claims , demands or actions for any injury sustained or alleged to be sustained by any party or parties in connection with the construction of the work or any part thereof , or any commission or omission of the Contractor , his employees or agents or any subcontractors and in case any such action shall be brought against the Town, the Contractor shall immediately take care of and defend the same at his own cost and expense. 39. 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 be read and 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 forthwith be physically amended to make such insertion. 40. 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 obtain- ing the written consent of the Town. This Contract shall endure to the benefit of and shall be binding upon the parties hereunder and upon their respective successors and assigns , but neither party shall assign or transfer his interest herein in whole or in part without consent of the other. 41. WAIVER OF IMMUNITY y If any person, corporation, or body contracting with the Town , who when called before a grand jury , head of a city department , or other agency, which is empowered to compel the attendance of wit- ness and examine them under oath, to testify in an investigation concerning any transaction or contract had with the state, any polit- ical subdivision thereof , a public authority or with any public department , agency or official of the state or of any political sub- division thereof or of a public authority, refuses to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant question concerning such transaction or contract , then C-25 CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT' 1). • (a) such person , and any firm, partnership or corporation of which he is a member, partner, director or officer- shall be disqual- ified from thereafter selling to or submitting bids to or receiving awards from or entering into any contracts with any municipal corp- oration or fire district , or any public department , agency or official thereof, for goods , work or services , for a period of five years after such refusal (b) any and all contracts made with the Town or any agency or official thereof, 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 Town 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. ti C-26 HULLMACHLH, MCLLNLX)N 4 IMUNN[LL, r.l:. / r1drol wnr. CONSULTING CNOINEERS AND [NVIRONMENTAL SCIENTISTS CONTRACT — CONT' D. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. TOWN OF SOUTHOLD BY • �� (TOWN SEAL) BY : - R. Pell III , Supervisor (SEAL) Contractor BY : �h.1/ TAT/tom L�l9G✓O TITLE: if STATE OF NEW YORK ) ) ss: r COUNTY OF SUFFOLK ) On the day of__., 19 fes• before me personally came William R. Pell III , to me known, who being by me duly sworn, did depose and say that he is the duly elected Supervisor of the Town of Southold, County of Suffolk , New York , and that at a meeting of the Town Board. of the Town of Southold, duly held on the4y—day of lq j�a, the said Board, authorized the said Super- ' visor to execute all and any contracts on behalf of the Board; that he knows the seal of the said Town, that the Seal affixed to the foregoing instrument is its corporate seal ; that it was affixed thereto by order of the said Board , and that he signed his name thereto and executed the said instrument on behalf of the said Town by like order and authority . NgpFtYT PUBLIC TEMOY NOTA Rl' I'P:__._':` S of Ne,v York No. Vii:- C + £I: . :^`ofk County • Comm Ss= Expires March C-27 _ I/NZIAn�11►1\1 It1\.WIt W1t YI I�VI\I\�uy 1 .\.. I II�Iw w1\I CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT' D. ACKNOWLEDGMENT OF CONTRACTOR, IF A CORPORATION STATE OF NEW YORK) ) SS: COUNTY OF Suf fa6A ) On this day of A-ee elnZf e- 19 before me personally came and appeared J-,*,& -7�_, e"q'1z'0 , to me known, who by me being duly sworn, did depose and say that he resides at 10 ,��`LipoXm /0 6� ,�'�� "v--T_ that h e is t h e ,�i civ-� of o/j� j� �' �R�V��iG� _���..5 the Corporation described in and which executed the foregoing in- strument , that he knows the seal of said corporation, that one of �• the seals affixed to said instrument is such seal , that it was so affixed by order of the Directors of said corporation, and that he signed his name thereto by like order. II r i1 T Tr. "Y o f`'e:v York No 52 , of County NOTARY PUBLIC Commission Expires March 30, , ACKNOWLEDGMENT OF CONTRACTOR IF A PARTNERSHIP STATE OF NEW YORK) SS: COUNTY OF ) On this day of 19 , before me r personally came and appeared , to me known, and known to me to be one of the members of the firm of described in and who executed the foregoing instrument, and lie acknowledged to me that he ex- ecuted the same as and for the act and deed of said form. NOTARY PUBLIC C-28 W- 5 9 i S s a; 2AAHOLZMACHER,McLENDON andMURRELL,P.C. Consulting Engineers. Environmental Scientists and Planners Melville,N.Y. Farmingdale,N.Y. Riverhead,N.Y. ' Town Hall, 53095 Main Road t P ° P.O. Box 728 K b Southold) New York 11971 JUDITH T.TERRY TELEPHONE � � ` TELEPHONE Towle CLERK (516)765-1801 REGISTRAR 01'VITAL STA'I ISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 10, 1982 South Fork Asphalt Corp. Springs-Fireplace Road Drawer 2028 East Hampton, New York 11937 Attention: Carol Moon, Bookkeeper Dear Ms. Moon: I am in receipt of your letter of September 30, 1982 requesting a refund of the deposit for plans and specifica- tions with relation to the Town of Southold Resurfacing of Sound Avenue Bid of September 30th. You did not return the plans for this project , therefore we are unable to refund your deposit . The plans and specifica- tions were required to be returned to this office within ten days of the bid opening. One half of the deposit would have been refunded if returned within 30 days. Very truly yours, Judith T. Terry Southold Town Clerk South only ("Aphaft CoNp. SPRINGS—FIREPLACE ROAD DRAWER 2028 EAST HAMPTON, NEW YORK 11937 (516) 324-1245 September 30, 1982 Town of Southold Main Road Southold,New York 11971 Attn: Judith T. Terry Town Clerk Enclosed please find our copy of the Sound Avenue bid of September 30, 1982. Please mail our refund to the above address. Very truly yours, SOUTH FORK ASPHALT CORP. Carol Moon Bookkeeper encl: ' r . TOWN OF SOUTHOLD SUFFOLK COUNTY NEW YORK CONTRACT AND SPECIFICATIONS FOR RESURFACING OF SOUND AVENUE AT THE WESTERN TOWN LIMIT PROJECT NO. SOHT 81-01 TOWN BOARD Supervisor William R. Pell III r Councilmen Larry W. Murdock John J. Nickles Francis T. Murphy Joseph L. Townsend, Jr. Justice Raymond W. Edwards, Jr. SUPT. OF HIGHWAYS TOWN CLERK Raymond C. Dean Judith T. Terry SEPTEMBER 1982 HOLZMACHER,McLENDON andMURRELL,P.C. Consulting Engineers. Environmental Scientists and Planners Melville,N.Y. Farmingdale.N.Y. Rverhead.N.Y. N(jV HOLZMACHER, McLENDON&MURRELL,P.C. 2ACONSULTING f _ ADDENDUM NO. 1 SOHT 81-01 TOWN OF SOUTHOLD RESURFACING OF SOUND AVENUE AT WESTERN TOWN LIMIT September 23 , 1982 The following changes have been made to the contract drawings: SHEET 20F3 At station 2+00, proposed grade at southern edge of Sound Avenue is i shown as (51. 02) . Delete 51. 02 and replace with 57. 02. SHEET 20F3 At station 6+00 , existing grade at northern edge of Sound Avenue is shown as (57. 30) . Delete 57 . 30 and replace with 56. 89. A-1 (10F1) H HOLZMACHER, MCLENDON&MURRELL,P.C. CONSUItINp ENOINEEM.ENV1110NMENTK ECIENTMITE rW/IANNEM INDEX • TOWN OF SOUTHOLD RESURFACING OF SOUND AVENUE AT THE WESTERN TOWN LIMIT PROJECT NO. SORT 81-01 PAGE NO. INDEX I - 1 page NOTICE TO BIDDERS NB - 1 page INFORMATION FOR BIDDERS IB - 12 pages PROPOSAL P-A through P-D GENERAL CONDITIONS GC - 6 pages ITEM SECTION PAGE NO. NO. SECTION CODE NO. -- 0 General Specifications GS (11 pages) 1 5 5 Pavement Restoration & Replacement PRR (4 pages) 12 10 10 Maintenance & Protection of Traffic MPT (6 pages) 16 11 11 Tack Coat TC (2 pages) 22 12 1.2 Thermoplastic Pavement PM (5 pages) 24 Markings 14 14 Additional Excavation & Backfill AE&B (3 pages) 29 51 TL 51 TL Asphalt Concrete Truing & Leveling ACTL (1 page) 32 51 FZ 51 FZ Asphalt Concrete Type 1A (Top Course) ACTC (1 page) 33 INDEMNITY, LIMITATION OF LIABILITY ILL - (1 page) -- CONTRACT C - (28 pages) -- I-1 HOLZMACHER, McLENDON 3 MURRELL,P.C. ppNBUITMq ENOM1lEM,ENVNIONMENTK CIENTNl1 rW IIAMNEII{ NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN that SEALED BIDS will be received by the Town Clerk of the Town of Southold at the Town Hall, Main Road, Southold, New York, until 11:00 A.M . , prevailing time, on Thursday, September 30, 1()R2 at which time and place they will be publicly opened and read for the following contract: RESURFACING OF SOUND AVENUE AT THE WESTERN TOWN LIMIT Plans and specifications may be obtained at the Town Hall and offices of the Consulting Engineers, HOLZMACHER, McLENDON & MURRELL, P.C. 209 West Main Street, Riverhead, New York, 11901, and Suite 140, 125 Baylis Road, Melville, New York, 11747, upon deposit of twenty-five ($25.00) for each set furnished. Deposits will be refunded to bidders who return the plans and spec- ifications within ten (10) days in good condition; other deposits will either be partially or not refunded if the Specifications have not been returned in good condition within thirty (30) days after bids have been opened. Each Proposal must be accompanied by a certified check or bid bond in the amount of five percent (5%) of the total bid, made payable to William R. Pell, III, Supervisor, Town of Southold, as set forth in the Information to Bidders. The Town reserves the right to reject any or all bids, to waive any informalities and to accept such alternate bid which, in the opinion of the Town Board, will be in the best interests of the Town. BY ORDER OF THE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK JUDITH T. TERRY, TOWN CLERK TOWN OF SOUTHOLD SOUTHOLD, NEW YORK 11971 DATED: SEPTEMBER 7 , 1982 NB-1 ■ I� HOLZMACHER, McLENDON S MURRELL,P.C. COt48MTINO ENGINEER.ENVIIgNMENTAL KMNT1ETf Md/LANNE/M INFORMATION FOR BIDDERS BIDS FOR PROJECT The Town of Southold will, receive SEALED PROPOSALS for Resurfacing of Sound Avenue at the Western Town Limit. TIME AND PLACE OF BID Bids are to be submitted in opaque envelopes and will be received by the Town of Southold at the Town Hall, Main Road, Southold, New York, not later than 11: 00 A.M. , Prevailing Time, Thursday, September 30, 1982 , at which time and place they will be publicly opened and read aloud. Use of the mails shall be at the Bidder' s own risk, and the Bidder shall be responsible for physical delivery of the Bid at the time and place set for opening of Bids. BID ENVELOPE All proposals and either the certified check or bid bond must be placed in a sealed envelope bearing the Bidder' s firm name and address c�i } marked, "Project No. SOHT 81-01, Proposal for Resurfacing Sound Avenue at The Western Town Limit, Town of Southold, Suffolk County, New York" , but otherwise unmarked. If mailed, this envelope shall be placed in another envelope addressed to Town Clerk Judith T. Terry, Town of Southold, Town Hall, Main Road, Southold, New York 11971. Use of the mails is at the Bidder' s risk. IB-1 "ULLMAL.P/CN. MCLLNLJUN n MUn„CL.L.. r.l.. / FIAV" w. r. CONSULTING CNGIN[[AS AND ENVIRONMENTAL &CILNTIS73 INFORMATION FOR BIDDERS (CONT- D. ) SPECIFICATION DEPOSITS (a) Deposits for specifications will be completely refunded to Bidders who return same in good condition within ten (10) days after r.-ceipt of bids. Bidders will receive one-half of the deposit amount tur specf.ications returned after ten (10) days and before thirty (30) days following the bid date. (b) Deposits for specifications will be completely refunded to non-bidders who return same in good condition within 48 hours of receipt of said specifications. Non-bidders will receive one-half the deposit amount for specifications returned in good condition within ten (10) days following the bid date. No deposit for specifica- tions will be refunded to non-bidders after ten (10) days following the bid date. III-2 u HOLZMACHER, McLENDON 3 MURRELL,P.C. ■ ILJ-- WNEUITNM ENWI/EEM.ENVMONIIEN�K ECIENM1i M0/UNNE11t INFORMATION FOR BIDDERS (CONT' D. ) SPECIFICATIONS Complete sets of specifications for the inspection of prospective bidders will be found on file with the Town Clerk, Town of Southold, Town Hall, Main Road, Southold, New York, and at the office of Holzmacher, McLendon & Murrell, P.C. Consulting Engineers, 209 West Main Street, Riverhead, New York, or Suite 140, 125 Baylis Road, Melville , New York. All contractors must leave their names, phone numbers and correct mailing addresses upon receipt of the specifications. VERBAL ANSWERS The Town, its -agents, servants - or employees, or the Engineer, will not be responsible in any manner for verbal answers to any in- quiries regarding the meaning of the contract specifications given prior to the awarding of the contract. EXAMINATION OF SITE Bidders must satisfy themselves by personal examination of the location of the proposed work and of the actual conditions and require- ments of the work, and shall not, at any time after the submission of a proposal, dispute or complain of such estimate or assert there was any misunderstanding in regard to the scope of work. The Contractor shall inspect the site and existing conditions be- fore submitting his bid. PROPOSAL The Form of Proposal contained herein shall be used in making out bids. Any proposal not in accordance with these instructions, or con- taining bids not asked .for, may be rejected. On those items in this contract for which there is a stated maximum and/or minimum allowable bid price, each bidder shall be responsible 7 for making sure that his bid falls within the stated limits. When the 2 price bid is lower than the minimum allowed, the bid price will be ad- justed upward to the minimum allowable price and when the price bid is higher than the maximum allowed, the bid price will be adjusted downward to the maximumallowable price. SOHT IB-3 HWMACHER, McLENDON 6 MURRELL. P.C. I H2M CORP. CONWInma ENoIHEEA4 AND ENVIRONMMUL SC1ENT1/1a INFoRNIAI'l1)N FOR B1DI)VUS As the est im:Itcy Of (Iu:Int i t ' es of i teals stated in the I)I-oputia 1 are allyroxintate Only , bidders are relluired to submit tIleir prllpusal tIlmn and in the fol lowi.Ilg express ConAitions , which shall apply :Ind I)Ccollle a I►art of every proposal rec•civetl . I:arb bidder sh:Ill fill out , in ink , in both words and figures , in ehe spaces provided , his unit ()r lump slim bi4l , as the c;Ise. play IIe , fur cacti i tem in sa i tI 1:01-111 of I'ropos;I 1 I o► wh i h he is suhm i f t i ng :I bid . No hid will be considered which docs nut include bids for all items 1t -i:Tic�hi�opasal , iiiclilJi�i nc of`—r.o_1l�iletion . If the bid is not accepted by the Town within forty_ -five ( 151 Mays at the receipt of bids , the obligation of the bidder uncle ' this proposal Iuay tel'nti.natC at Iris (apt ion antl lie steal l tllc,'c- upun be entitled to a refund of his certified check or release of his bid bond furnisl►ed by him as security with 11is proposal . 1111) BOND Olt CLiR'f I I I I:I► CHECK Bach prrohusal 1-1-0111 a contractor steal 1 be acconipaltickl by a big bond or cert. ifie(I check oil a solvent bunk of the Stat(' of 14" fork , in tIe amount of five percent ( Sr� ) of the total id . Such check steall be made payab e to W1111am Pell IISupervisor, Town of Southold, iJew fork , and the amount thereof shall be the measure of li(luidated tlamages which the '1'uwn will sustain by the failure , neglect or refusa1. of the biticler to exec►Ite aril delive`i• the contract , should the contract be awarded to him. The checks of all unsuccessful bitlllcrs will be returned upCIn the rc,icCtion of bids and the execution of the contract by the parties ; also , the check of the successful bidder will be returned upon the cxecuti.on of the contract and the furnishing oC the re(Iii i 1-etl bond . NAME OF BIDDER Bach bidder must state in his proposal , ]lis full name :Intl busi - ness address , and the lull name of (:very person , firm or corporation i11tcrestcd i.it the saule , and the address of CVC 1-Y person or Ii rnl or president and secretary of every corpor:Itiol► iI►terested with Mini. If l 11- 4 IHJLLMAL.MLn. MGLL.MLNIY a Munn'I I r.L.. I Ilam %. %r. CONlULTING CNOIN[LRS AND [NVIRONMOdTAL IGLMTIS" INFORMATION FOR BIDDER ((.'ON'T ' I). ) no other person be so interested , lie must distinctly state that fact , also that his proposal is made without any connection directly Or in- directly with any other bidder for the work particularly mentioned in his proposal ; that it is in all respects without fraud or collu:, ion , and that no person acting for or employed by the Town is directly or indirectly interested therein, or in the supplies of work to which it relates , or in any portion of the prospective profits thereof. QUALTFTCATIONS OF BIDDERS (1 ) The Town reserves the right to waive any informalities in , or reject any and all bids . The Town reserves the right to re- ject any and all bids which do not conform to the proposals , or upon which the bidders do not comply with the requirements of the Town as to their qualifications . (2) All hidders must prove to the satisfaction of the Town that they are reputable , reliable and responsible , and that they pos - sess the necessary qualifications to successfully deliver the proposed equipment , and that they have performed and completed successfully similar work to an extent which , in the opinion of the Town , will qualify them by experience to perform the work which is proposed. (3) In determining the qualifications of a bidder , the Town will consider his record in the performance of any contracts entered into by Trim for the work contemplated or of similar nature may make such investigation as it deems necessary to determine the ability of the bidder to perform the Work, and the bidder shall furnish to the Town all such information and data for this purpose as the Town may request . (4) The Town shall be the sole judge of the qualifications of the bidders and of the merits thereof and reserves the right to reject any bid if the record of the bidder in the performance of contracts , payment of bills and meeting of obligations to subcontractors , material - men or employees is not satisfactory to the Town , or if the evidence submitted by or the investigation of such bidders fails to satisfy the 'Town that le is properly qualified to carry Out the obligations of the contract and to complete the work contemplated therein. GUARANTEE BOND The successful bidder shall be reglrired to furnish at. the execu- tion of the contract an executed bond of a surety company authorized 113- 5 HOU MACHER. MGLENDON 6 MUHNE.LL. r.c. / ",dm —Pnr. CONISULTINO ENGINEEAS AND (NvIFIONMENTAL SCIENTISTS 1 NI'ORMAT ION FOR BIDDER (CONT. D) to do business in tl►e State of New York and approved by tile_ 'I'O"ll in an amount equal to one hundred percent ( 100%) of the total an101n►t of the contract , guaranteeing to the Town the f a i till til perl'orul:1nce of the contract , and payment of all claims for materials , 1:11)0" and wages in connection therewith . SIGNATURE OF CONTRACTOR The bidder to whom a contract may be awarded shall attend at the office of the Town , with the sureties offered by hill', within ten (10) days , Sunday excepted , after the date of notification 1)y mail of the acceptance of his proposal. , and there sign the contract in quadrupli Cate for the work. In case of failure to do so , the bidder shall be considered as having abandoned the same , and the check accompanying his proposal shall be forfeited to the 'town , or the penalty of the bid bond shall be invoked. CONTRACTOR' S INSURANCE The contractor shall not continence any work Until he has obtained and had approved by the 'Town all of the inst►rance specified and required in the contract . WAIVER OF I1-IMIINITY Attention of the bidder is hereby directed to the requirements of the General Municipal Liam of the State of idew York a►►'�IVaivparticular o in to Section 103-a of the General Municipal Law regarding Immunity,, , as indicated on Page C-8 of the contract . RESPONSI11ILITY I:OR BIDD—MZ Attention is hcrel)y particularly directed to the provisions of the contract whereby tl►e contractor will be resl►onsible for any loss or damage that may happen to the material or any hart thereof during its delivery ; and also whereby the contractor shall make good any defects or faults due to materials or workmanship within twelve ( 12) Y months :►iter its delivery, placement , and acceptance. 111-6 •• CONSULTING•ENGINELAS'AND ENVIRONMENTAL SCIENTISTS INFORMATION FOR BIDDERS (CONT'D. ) In order to secure the performance of the covenant of the con- tractor, the Town shall retain the Guarantee Bond during the period offrom the date of the Engine"a's final certificate. Work is required to be completed to the satisfaction of the Engineer and in :substantial accordance with the specifications hereunto annexed. TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK IB-7 State of New York Bureau of Public Work Department of Labor *A4 State Office Building Campus Albany, N.Y. 12240 CONTRACT REQUIREMENTS Each public work contract to which the State,a public benefit corporation,a municipal corporation or a commission is a party and which may involve the employment of laborers,workmen or mechanics,shall comply with the requirements of Article 8 of the New York State Labor Law: 1. No laborer, workman or mechanic in the employ of the contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by the contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week except in the extraordinary emergencies set forth in the Labor Law or where a dispensation is granted by the Industrial Commissioner. (See Section 220.2) 2. Each laborer, workman or mechanic employed by the contractor or subcontractor shall be paid not less than the prevailing rate of wages at the time the work is performed,and shall be paid or provided not less than the prevailing supplements at the time the work is-performed, as determined by the fiscal officer. If the prevailing rate of wages or the prevailing supplements change after the prevailing rate schedule is issued,each workman,laborer or mechanic shall be paid or provided not less than the new rates. (See Section 220.3) 3. The contractor and every subcontractor shall post in a prominent and accessible place at the work site a statement of the current wage rates and supplements specified by the contract for the various classes of mechanics,workmen or laborers. (See Section 220.3-a) 4. Apprentices must be registered,individually,under a bona fide program registered with the New York State Department of Labor. The allowable ratio of apprentices to journeymen in any craft classifica- tion shall not be greater than the ratio permitted to the contractor as to his work force on any job under the registered program. Any employee who is not registered as above, shall be paid the pre- vailing wage rate for the classification of work he actually performed. The contractor or subcontrac- tor will be required to furnish written evidence of the registration of his program and apprentices as well as of the appropriate ratios and wage rates for the area of construction, prior to using any apprentices on the contract work. (See Section 220.3-e) 5. (a) No contractor, subcontractor, nor any person acting on his behalf,shall by reason of race,creed, color, sex or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates.(See Section 220-e (a) ) (b) No contractor, subcontractor, nor any person acting on his behalf shall,in any manner,discrimi- nate against or intimidate any employee on account of race,creed,color,sex or national origin. (See Section 220-e (b) ) NOTE: The Human Rights Law also prohibits discrimination in employment because of age,disability or marital status. (c) There may be deducted from the amount payable to the contractor under the contract a penalty of five dollars for each calendar day during which such person was discriminated against or intim- idated in violation of the provisions of the contract. (See Section 220-e(c) ) (d) The contract may be cancelled or terminated by the State or municipality,and all moneys due or to become due thereunder may be forfeited, for a second or any subsequent violation of the terms or condition of the anti-discrimination sections of the contract. (See Section 220-e (d) ) (e) These provisions shall be limited to operations performed within the State of New York. (See Section 220-e(e) ) PW-3(5.80) 113-8 STATE OF NEN YORK DEPARTMENT OF LABOR BUREAU OF PUBLIC WORK STATE OFFICE BUILDING CAMPUS ALBANY, N. Y. 12240 Schedule Type-HVY / HWY 33 Date 07/08/81 Refer to: PREVAILING RATE CASE NO. T/O Southold PRC 8102905 NAS/SUF 01 to: William H. Spitz Location and Type of Project Holzmacher, McLendon & Murrell Resurfacing of Sound Ave. 125 Baylis Road SOHT 81-01, T/O Southold Milville, NY Laurel , NY 11747 Suffolk County In response to your request, enclosed are schedules of the prevailing hourly wage rates and the prevailing hourly supplements for the above project, together with copies of the Notice of Contract Lei (PW-16) for your use. The schedules must be annexed to and form a part of the specifications for this project when it is advertised for bids. These schedules have been prepared and forwarded in accordance with Section 220 of the Labor Law, which provides that it shall be the duty of the fiscal officer to ascertain and determine the schedules of supplements to be provided and wages to be paid to workers, laborers and mechanics employed on public work projects, and to file such schedules with the department having jurisdiction. These wage rates and supplemental benefits are subject to change, and you will be periodically notified of such changes. The wage rates and supplemental benefits to be paid and provided must be those prevailing at the time the work is being performed. Supplemental Benefits Legend used in the "other suppleMdntS" column of the Prevailing Rate Schedule: A. Health & Welfare ( includes hospital C. Supp. Unemployment Benefits I. Annuity Fund surgical or medical insurance or D. Scholarship Fund J. Benefit Fund benefits, life insurance or death E. Paid Holidays K. Security Savings benefits, accidental death or dis- F. Education Fund memberment insurance). G. Vacation L. Holiday Pay B. Pension H. Apprenti ce Trai hi ng M. Other Very truly yours, Nicholas Valentine, Jr. DIRECTOR WHEN ANY PROJECT IS COMPLETED OR CANCELLED, NOTIFY THE NEAREST DISTRICT OFFICE OF THE BUREAU OF PUBLIC WORK. (see addresses below) State Office Bldg. Campus, A 1 bany N. Y. 12240 GS Court St— Buffalo N. Y. 1`+202 155 Main Street West, Rochester N. Y. 14614 44 Hawley St— Binghamton N. Y. 13901 17S Fulton Ave— Hempstead N. Y. 11550 333 East Washington St— Syracuse N. Y. 13202 207 Genesee St. , Utica N. Y. 13SOI 30 Glenn St. , Whi -to Plains N. Y. 10603 PW-200 (6-79) IB-9 PREVAILING RATE SCHEDULE State of New York Case Number Bureau of Department of Labor Public Work 8102905 NASSAU AND SUFFOLK COUNTIES Prev- SUPPLEMENTAL BENEFIT PAYMENTS a i 1 i rig OCCUPATIONS wage health basic and pen- suppl . other supplements hourly welfare Sion unernp. rate CA) (B) CC) (D) through (M) CORE DRILLER Core Dri I ler 10. 605 1. 00 74 G-. 19 Helper 9. 2`t5 1. 00 74 G-. 19 ELECTRICIAN Electrician 15. 10 7'/.+. 35 5 1/2% 25 G&L- 8 1/2%, H-5/8%, I-9%, J-3'/. Appr. 1st term 6. 04 7'/.+. 35 5 1/2'/. 25 G&L- 8 1/2'/., H-5/8'/•, I-9'/., J-3/ IRONWORKER Ironworker-Structural 12. 95 1. 86 2. 30 G-1. 85, H-. 11, I-2. 15 Appr. 1st term 7. 28 1. 86 2. 30 Rei nforci ng-(Lather) 13. 54 1. 32S . 98S D-. 02, G-. 75, H-. O1, 1-1. 10 Appr. 1st Term 3. 8S 1. 325 . 985 D-. 02, H-. 01 Ironworker-Ornamental 12. 62 1. 21 1. 55 G-1. 00, H-. 10, I-2. 00 -Chain Link 12. 62 1. 21 1. S5 G-1. 00, H-. 10, I-2. 00 Fence "Appr. 1st term 7. S7 1. 21 1. 55 G-1. 00, H-. 10, I-2. 00 MASON Bricklayer 12. 49 1. 33 1.,93 H-. 03, I-2. OS Appr. 1st term 6. 25 1. 33 1. 93 H-. 03, I-. 50 PAINTER Painter-Brush 10. 92 1. 04 1. 04 G-. 33, I-. 71 Scaffold/Spray 13. 26 1. 26 1. 26 G-. 405, I-. 71 Appr. 1st term 6. 55 . 62 . 62 G-. 20, I-. 25 Nassau Co. (N of L. I. E. to Pt. Wash BI vd. , S. of Sunrise Hwy. E. to Long Beach Rd. ) ------------------------------ Painter-Brush ----------------------------- Painter-Brush 10. 82 1. 29 2. 30 G-. 70, H-. OS Appr. 1st term S. 41 1. 29 1. 1s G-. 35, H- 05 Scaffold/Spray 12. 37 1. 29 2. 30 G-. 70, H-. 0S Nassau Co. Remainder of County -------------------------- ---- Pai nter-Steel 14. 28 1. 86 2. 00 H-- 07 Power Tool , Speay 15. 28 1. 99 2. 14 H-. 08 Sandblaster( steel ) 15. 28 1. 99 2. 14 H-. 08 Appr. 1st term 7. 00 . 91 . 98 H-. 035 Nassau Co. -Entire County ------------------------------ Painter Brush 12. 39 3. 22 1. 00 G-. SO, H-. 21 Steel /Bridge 15. 30 3. 22 1. 00 G-. 50, H-. 21 Spray 13. 88 3. 22 1. 00 G-. 50, H-. 21 Appr. lst term 6. 42 1. 97 1. 00 G-. 25, H-. 21 Suffolk C o. PLUMBER Plumber 13. 65 1. 00 2. 05 G-1. 30, H-. 37, I-. S7 Appr. 1st term S. 46 . 60 1. 31 G-. 70, H-. 24, I-. 29 Suffolk C o. ------------------------------ P I umber 12. 75 1. 10 1. 54 G-1. 10, H-. 25 Appr. 1st term 5. 10 `t4 . 616 G-. 44, H-. 10 Nassau Co. TEAMSTER Truck Driver Excavation 10. 12S 1. 612S 2. 852S 1- 40 Euc I i d 10. 52S 1. 612S 2. 8525 I-. 40 Other 9. 32S 1. 6125 2. 50 WELDER Welder To be paid the rate of the mechanic performing the work OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY and BUILDING SCHEDULES Print 33 IB-10 PREVAILING RATE SCHEDULE State of New York Case Number Bureau of Department of Labor Public Work 8102905 NASSAU AND SUFFOLK COUNTIES Prev- SUPPLEMENTAL BENEFIT PAYMENTS ailing OCCUPATIONS wage health basic and pen- suppl . other supplements hourly welfare Sion Unemp. rate (A) (B) (C) (D) through (M) CARPENTER Carpenter (H/H) 13. 3S 1. 85 1. 03 G-. 95, H-. 05, I-. 75 Helper 11. 1S 1. 8s 1. 03 G-. 95, H-. 05, I-. 75 Appr. 1st term 7. 34 1. 8S 1. 03 G-. 95, H-. 05, 1- 75 Nassau Co. (South of So. State Pkwy. & West of Seaford Creek) ------------------------------ Carpenter (H/H) 13. 40 1. S0 1. 49 G-. 95, H-. 06 Appr. 1st term 6. 70 1. S0 1. 49 G-. 95, H-. 06 Nassau Co. Remainder of County ------------------------------ Carpenter(H/H) 13. 45 1. 33 1. 71 G-. 90, H-. 06 Appr. 1st term 6. 70 1. 33 1. 71 G-. 90, H-. 06 Suffolk C o. ------------------------------ Pi I edr i ver/Dockbui 1 der 13. 25 1. 85 1. 03 G-1. O1, H-. O5, I-. 7S Appr. 1st term 7. 34 1. 85 1. 03 G-1. 01, H-. O5, I-. 75 ------------------------------ Ti mberman 12. 31 1. 85 1- 03 G-. 95, H-. O5, I-. 75 Helper 10. 80 1. 85 1.'03 G-. 95, H-. O5, I-. 7S ELECTRICIAN-HIGHWAY MAINTENANCE Applicable on traffic signals and street lighting orily. Mai nt. Electri cian 12. 30 81/ 4 1/2'/• G & L-6 1/2%, I-7% H-5/8%, J-3% Appr. 1st term 4. 57 8% 4 1/2'/. G 8 L-6 1/2/, I-7Y. H-5/8'/•, J-3% LABORER(HVY/HWY) Laborer (H/H) Bas 1 c, Concrete, Jackhammer 8. 90 10 % 13 '/. G-. 7S PipeIayer, Land- • Scape, Trackman 8. 90 10 '/. 13 V. G-. 75 Power Tool 8. 90 10 % 13 V. G-. 75 Asphalt Raker, Form Setter 9. 50 10 % 13 V. G-. 75 Asphalt Shoveler and Tamper 9. 30 10 '/• 13 V. G- 75 MASON Cement Finisher 12. 60 2. 19 2. 02 H-. 01 Appr. 1st term 6. 30 2. 19 2. 02 H-. 01 SIGN ERECTOR Sign Erector 11. 70 . 82 1. 11 H-. 02, I-. 43 M-Emp S. S. STRIPER Striping Mach. Oper 9. 90 59 . 70 G-7% Li nerman 10. 40 . 62 . 72 G-7% TREE TRIMMING Tree Trimmer, 8. 43 34 . 2S 1st 6mo S. 51 . 34 . 2S Groundman, Driver 1st 6mo 6. 07 . 34 . 2S Driver 2nd 6mo 6. 36 . 34 . 25 Driver after 1 yr. 6. 9s . 34 . 25 TREE REMOVAL & LANDSCAPING Landscape Laborer 8. 90 10'/. 13% G-. 75 Mul chi ng Machine Oper. 11. 995 9'/. of 2. 25 G-1. 00, H-. 15, M-. 10 rate+vac. Stump Chipper Mach. 10. 97 9'/. of 2. 25 G-1. 00, H-. 15, M-. 10 rate+vac. Truck Driver 9. 32S 1. 612S 2. 50 ' WELL DRILLER We I Dri 1 ler 10. 55 8'/• 2. 25 G- 40 Helper 8. 55 8% 2. 2S G- 40 OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY SCHEDULES P r i h 33 IB-11 PREVAILING RATE SCHEDULE State of New York Case Number Bureau of Department of Labor Public Work 8102905 NASSAU AND SUFFOLK COUNTIES Prev- SUPPLEMENTAL BENEFIT PAYMENTS ai 1 i ng OCCUPATIONS wage health basic and pen- suppl . other supplements hourly welfare Sion unemp. rate (A) (B) (C) (D) through (M) SURVEY CREW (HIGHWAY & HEAVY) Party Chief 12. 16 . 90 . 70 F-. 05, G-. 70, I-1. SO Instrument Man 10. 21 . 90 . 70 F- 05, -. 05, G-. 70, I-1. SO Rodman/Chas nman 8. 91 . 90 . 70 F-. O5, G-. 70, I-1. SO Survey Rates apply to those workmen employed on HIGHWAY and HEAVY contracts let on or after July 2, 1979 POWER EQUIPMENT OPERATOR (H/H) Asphalt Spreader 13. 18 9% of 2. 2S . 20 H-. 15, G-1. 00, M-. 10 Backhoe 13. 55 hourly Boring Machine 13. 12 rate + Bulldozer 12. 37 vac. Compressor-Single 11. 995 Compressor-2 or more in battery 12. 60 Concrete Pump 12. 64 Concrete Spreader 13. 18 Concrete Breaker 11. 28 Conveyor 12. 37 Crane 13. 18 Location, Effective Date and Dragline 13. 55 Supplemental Benefit Payments Finishing Machine 12. 37 are the same for all Power Equipment Fireman 12. 37 Operators. Generator 12. 29 Grade-All Oper. 13. 55 Grader 12. 585 Front End Loader 12. 905 Maiht. Eng. 12. 37 Mul chi ng Machine 11. 995 Oi I er 10. 97 Piledriver 13. SS Post Driver (Guard Rail ) 13. 12 Power Broom 11. 42S Pump (Under 4") 11. 995 Pump (Over 4") 12. 38 Ridge Cutter 11. 28 Roller - ST & Under 12. 37 Roller - Over 5 Ton 12. 72 Scraper 12. 37 Shovel 13. 55 Stump Chipper 10. 97 Tractor-Caterpiller or Wheel 10. 755 Track Tamper 10. 97 Trenching Machine 13. 395 OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY SCHEDULES Print 33 IB-12 HOIZMACHER. MctENDON 6 MURREL. P.C. / H2M CORP. CONSULTING EMOINUMS ANO cli1 WNMo+rAL icIQNTIM PROPOSAL - BIDDER'S DECLARATION TO THE TOWN BOARD of the TOWN OF SOUTHOLD, SUFFOLK COUNTY, STATE OF NEW YORK: BIDDER'S DECLARATION: The undersigned, as Bidder, declares that the only person or persons interested in this Bid or Proposal as principal or principals is or are named herein and that no other person than herein named has any interest in this Proposal or in the Contract proposed to be taken; that this Bid or Proposal is made without any connection with any other person or persons making a Bid or Proposal for the same purpose; the Bid or Proposal is in all respects without fraud or collusion, that he has examined the site of the work, the Form of Contract and Specifications, and the Drawings therein referred to, and has read the Notice to Bidders, Information for Bidders and General Conditions hereto attached and fully understands all the same; that he proposes and agrees, if this Proposal is accepted, that he will contract with the TOWN BOARD of the TOWN OF SOUTHOLD,. in the Form of Contract accompanying this Bid, to perform all the work required in accordance with the Plans and as mentioned in said Form of Contract , Specifications, Notice to Bidders, Information for Bidders and General Conditions, and he will accept in full payment , therefore, the following sums to wit : t 7/79 P-A RT ■ 1� HOLZMACHER, MCLENDON&MURRELL,P.C. CONSULTING ENGINEE116.ENVI--"MENTAL 80ENT-11 rA gANNENI PROPOSAL (CONT' D. ) RESURFACING OF SOUND AVENUE TOWN OF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK PROJECT NO. SOHT 81-01 BID DATE: SEPTEMBER 30, 1982 ITEM 5A Remove temporary paving (by others) and replace with 1k" binder course asphalt on 6" base course asphalt Approximately 210 square yards Price per SY . . . . . . . . . . . . . . . . . ($ ) Dollars TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . ($ ) Dollars ITEM 5A (ALT) ** Remove temporary paving (by others) and replace with lh" binder course asphalt on 6" base course asphalt Approximately 110 square yards Price per SY . . . . . . . . . . . . ($ ) Dollars TOTAL . . . . . . . . . . . . . . . . . . . . . Dollars ITEM 5B Remove existing deteriorated pavement & replace with 1h" binder course asphalt on 6" base course asphalt Approximately 110 square yards R Price per SY . . . . . . . . . . . . . . . . . ($ ) Dollars TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . ($ ) 6 Dollars 2 ** Optional. item that may not be awarded by the Town. P-B 1 of 7 ■ I2MHOLZMACHER, MCLENDON&MURRELL,P.C. CONSULTING ENOINEEM.ENVIII)NNIENT11l SOENTISTS.M MANNERS PROPOSAL (CONT'D. ) RESURFACING OF SOUND AVENUE TOWN OF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLDr NEW YORK PROJECT NO. SORT 81.-01 BID DATE: SEPTEMBER 30, 1982 ITEM 5B (ALT) ** Remove existing deteriorated pavement & replace with 1' " binder course asphalt on 6" base course asphalt Approximately 490 square yards Price per SY , . , . . ($ ) Dollars TOTAL . . . . . . . . . . . . . . . . . . . . . . ($ ) Dollars ITEM 10 Maintenance and Protection of Traffic LUMP SUM . . . . . . . . . . . . . . . . . . . . ($ ) Dollars (Lump sum bid, shall be greater than or equal to $1000. ) ITEM 10 (ALT) ** Maintenance and Protection of Traffic LUMP SUM . . . . . . . . . . . . . . . . . . . . ($ ) Dollars 6 (Lump sum bid shall be greater than or equal to $500. ) 2 ** Optional item that may not be awarded by the Town. P-B 2 of 7 NF12AHOLZMACHER. MCLENDON&MURRELL.P.0 GON5ULUNO ENOINEEM.ENVIROW ENTAL ECIENTSTS uM ftANNEM PROPOSAL (CONT'D. ) RESURFACING OF SOUND AVENUE TOWN OF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK PROJECT NO. SOHT 81-01 BID DATE: SEPTEMBER 30, 1982 ITEM 11 Tack Coat Approximately 1300 gallons Price per GAL . . . . . . . . . . . . . ($ j Dollars TOTAL . . . . . . . . . . . . . . . . . . . . . . i . . . . ($ Dollars ITEM 11 (ALT) ** Tack Coat Approximately 700 gallons Price per GAL . . . . . . . . . . . . . . . ($ ) Dollars TOTAL . . . . . . . . . . . . . . . . . . . . . . i . . . . ($ ) Dollars ITEM 12 Four-inch (4") wide Thermoplastic Reflectorized Pavement Markings Approximately 8500 linear feet Price per LF . . . . . . . . . . . . . . . . . ($ ) Dollars TOTAL . . . . . . . . . . . . . . . . . . . . Dollars 6 2 ** Optional item that may not be awarded by the Town. P-B 3 of 7 ■ I� HOLZMACHER, MCLENDON&MURRELL.P.C. CONSULTING ENGNQEM.ENVII00"INTAL SCIENTISTS-d PLANNENS PROPOSAL (CONT' D. ) RESURFACING OF SOUND AVENUE TOWN OF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK PROJECT NO. SOHT 81-01 BID DATE: SEPTEMBER 30, 1982 ITEM 12 (ALT) ** Four-inch (4") wide Thermoplastic Reflectorized Pavement Markings Approximately 4500 linear feet Price per LF . . . . . . . . . . . . . . . . . ($ ) Dollars TOTAL . . . . . . . . . . . . . . . . . . . . . ($ ) Dollars ITEM 14A* Additional Excavation Approximately 5 cubic yards Price per CY . . . . . . . . . . . . . . . . . ($ ) Dollars TOTAL . . . . . . . . . . . . . . . . . . . . . . ($ ) Dollars (Unit Price shall be greater than or equal to $2. 00, but shall not exceed $10 . 00) ITEM 14B* Additional Backfill Approximately 15 cubic yards Price per CY . . . . . . . . . . . . . . . . . ($ ) Dollars TOTAL . . ($ ) Dollars (Unit Price shall be greater than or equal to $2 . 00, 6 but shall not exceed $10.00) 2 * **Contingency Item Optional item that may not be awarded by the Town. P-B 4 of 7 F12AHOLZMACHER, McLENDON 6 MURRELL.P.0 CONSULTING ENOINEEIIE.ENWOONYENTAL ECIENTIM W0 RANNEIIE PROPOSAL (CONT' D. ) RESURFACING OF SOUND AVENUE TOWN OF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK • PROJECT NO. SOHT 81-01 BID DATE: SEPTEMBER 30, 1982 W ITEM 14C* Rock Excavation Approximately 5 cubic yards Price per CY . . . . . . . . . . . . . . . . . ($ ) Dollars TOTAL . . . . . . . . . . . . . . . . . . . . . . ($ ) Dollars (Unit Price shall be greater than or equal of. $3. 00 , but shall not exceed $50. 00) ITEM 51 TL Furnish & Place Truing & Leveling Asphalt Concrete as per SCDPW Specifications Approximately 1100 tons Price per TON . . . . . . . . . . . . . . . . . ($ ) Dollars TOTAL . . . . . . . . . . . . . . . . . . . . . . i . . . . ($ ) Dollars ITEM 51 TL (ALT) ** Furnish & Place Truing & Leveling Asphalt Concrete as per SCDPW Specifications Approximately 800 tons Price per TON . . . . . . . . . . . . . . . . . ($ ) Dollars TOTAL . . . . . . . . . . . . . . . . . . . . . . ($ ) 6 Dollars 2 Contingency Item ** Optional item that may not be awarded by the Town. P-B 5 of 7 tfA44HOLZMACHER, McLENDON 6 MURRELL,P.0 CONSULTING ENOWEEW ENVWAMMENTIIL SCIENTISTSW14hANNENS PROPOSAL (CONT'D. ) AESUA)'ACING OF SOUND AVENUE TOWN OF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK PROJECT NO. SOHT 81-01 BID DATE: SEPTEMBER 30, 1982 ITEM 51 FZ Furnish & Place Wearing Course Asphalt Concrete for Resurfacing as per SCDPW Specifications Approximately 700 tons Price per TON . . . . . . . . . . . . . . . . . ($ ) Dollars TOTAL . . . . . . . . . . . . . . . . . . . . . . ($ ) Dollars ITEM 51 FZ (ALT) ** Furnish & Place Wearing Course Asphalt Concrete for Resurfacing ' as per SCDPW Specifications Approximately 400 tons Price per TON . . . . . . . . . . . . . . . . . ($ ) Dollars TOTAL . . . . . . . . . . . . . . . . . . . . Dollars 6 2 P-B 6 of 7 HOLZMACHER, MCLENDON&MURRELL,P.CUZA . (',ONWLTINO ENG"CIF4,ENVWQNYENTAL 9C1ENT1ETt wA ILANNEIK PROPOSAL (CONT' D. ) RESURFACING OF SOUND AVENUE TOWN OF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK PROJECT NO. SOHT 81-01 BID DATE: SEPTEMBER 30, 1982. TOTAL BASE BID (SUM OF ALL ITEMS EXCEPT 5A (ALT) , 5B (ALT) , 10 (ALT) , 11 (ALT) , 12 (ALT) , 51 TL (ALT) and 51 FZ (ALT) TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ($ ) Dollars TOTAL ALTERNATE BID (SUM OF ALL ITEMS) TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ($ ) Dollars Bids shall be based on normal seasonal working conditions without frost in the ground. It is anticipated that the Notice to Proceed will be given in October. COMPLETION DATE SHALL BE 45 CALENDAR DAYS AFTER THE NOTICE OF AWARD. LIQUIDATED DAMAGES SHALL BE $250.00 PER DAY. THE COMPLETION DATE SHALL BE CONSIDERED AS THE DATE WHEN THE PAVEMENT STRIPING OPERATIONS HAVE BEEN COMPLETED. FIRM NAME: FIRM ADDRESS: SIGNED BY: TITLE: DATE: DAY PHONE NO. 6 EVE. PHONE NO. 2 P-B 7 of 7 HOLZMACHER, McLENDON 6 MURREU. F.C. / H2M CORP. CONSULTING ENGINEER! AND EMMONMOML BCIEWIM PROPOSAL - (CONT"D. ) Enclose certified check or bid bond for five percent (5x) of the total bid, as stipulated in the foregoing Information for Bidders. The Bidder hereby agrees to enter into a contract within ten (10) days after due notice from the Town of Southold that the contract has been awarded to him and is ready for signature, such notice to be given in writing within forty-five (45) days of the date of opening of the bids . And, the Bidder hereby further agrees that in the event of his failure or refusal to enter into a contract in accordance with this bid within ten (10) days after due notice from the said Town Board as given in accordance with the Information for Bidders, and/or his failure to execute and deliver the bond for the full amount of the contract price as provided in said Information for Bidder.-s, that t:he bidder's check which is herewith deposited with the Town shall, at the option of said Town, . become due and payable as ascertained and liquidated damages for such default, otherwise the said check shall be returned to the undersigned. • The full name and residences of all persons and parties interested in the foregoing bid as principals are as follows : NAME ADDRESS NAME OF BIDDER: BUSINESS ADDRESS OF BIDDER: DATED AT• THE DAY OF P—C HOIZMACHER, MCIENDON & MURREII. P.C. / H2M CORP. CDM3ULnRG ENaINE[AG AND ENVIROMMMUL lCIEMIST3 PROPO:;AL - (CONT'D. ) NON-COLLUSIVE BIDDING CERTIFICATE By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: 1 . 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; and 2. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor; and 3 . No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition. Dated: By: This bidder cannot make the foregoing certification and a statement sighed by the bidder is attached setting forth in detail the reasons therefor: P-D HOLZMACHER, MGLENO©N 6 MURRELL. P.C. / H2M CORP. CONSULTINO ENGINEERS AND ENVIRONMENTAL SCIENTISTS GENERAL CONDITIONS 1. GENERAL CONDITIONS A. The "General Conditions" are hereby made a part of this Specification and are attached herein. B. Where any article of the "General Conditions" is supplemented hereby, the provisions of such article shall remain in effect. All the supplemental provisions shall be considered as added thereto. Where any such article is amended, voided or superseded thereby, the provi- sions of such article not so specifically amended, voided or super- seded shall remain in effect. Work, materials, plant, labor and other requirements of the Gen- eral Conditions shall be furnished by the Contractor. No direct pay- ment shall be made for these Genera. Conditions, and payment shall be deemed to be included in the contract price or various items of the entire contract . 2. CONTRACT DOCUMENTS The Contract Documents include, but are not limited to, the General Conditions, General Specifications, Detailed Specifications, Plans, Proposal Form, Contract and other sections as either cited on the index pages or actually included in the bound documents. Each section of the Contract Documents is intended to be comple- mentary to the other sections. It is intended that they include all items of labor and materials, and everything required and necessary to complete the work, even though some items of work or materials may not be particularly men- tioned in every section or may have been inadvertently omitted from the Drawings or Specifications, or both. 6 3. APPROVAL OF SUBCONTRACTORS AND MATERIALS 1 Prior to commencing any work under this Contract, the Contractor shall submit to the Engineer, for approval, a list of all the sub- contractors and material suppliers he proposes to use for this Con- tract. No subcontractor or material supplier will be permitted to de- liver materials or perform any work on this Contract until he has been approved by the Engineer in writing. RT GC-1 HOLZMACHER, McLENDON 6 MURRELL, P.C. / H2M CORP. CONSULTING ENGINE S AND ENVIRONMENTAL SCIENTISTS GENERAL CONDITIONS (CONT'D.) 4. I_NTERPRETATION OF DRAWINGS. ETC. A. In the event of discrepancies between the Drawings and the Specifications, the following order shall be given preference when making interpretations: 1. Addenda (later dates to take precedence over earlier dates) 2. Drawings (schedules or notes to take precedence over other data shown on Drawings) 3. Detailed Specifications 4. General Specifications 5. General Conditions B. On all plans, drawings, etc. , the figure dimensions shall govern in the case of discrepancy between the scales and figures. C. The Contractor shall take no advantage of any error or omission in the Plans, or of any discrepancy between the Plans and Specifications, and the Engineer shall make such corrections and interpretations as may be deemed necessary for the fulfillment of the intent of the Specifications and of the Plans as construed by him, and his decision shall be final. D. All work that may be called for in the Specifications and not shown on the Plans, or shown on the Plans and not called for in the Specifications, shall be furnished and executed by the Contractor as if designated by both. Should any work or material be required 6 which is not denoted in the Plans and Specifications, either directly 1 or indirectly, but which is, nevertheless, necessary for the proper carrying out of the intent thereof, it is understood and agreed that the same is implied and required, and that the Contractor shall per- form such work and furnish such materials as if they were completely delineated and described. 5. ADDITIONAL WORK Additional work, if required to be performed under this Contract, will be in accordance with the applicable paragraphs of the Contract . The Engineer shall be the sole judge as to whether such work was in- tended as part of the Contract or is in addition thereto. RT GC-2 HOLZMACHER, McLENDON 6 MURRELL, P.C. / H2M CORP. CONSUMNO ENOINUAS ANO ENVIRONMENTAL SCIENTISTS GENERAL CONDITIONS (CONT'D. ) 6. OCCUPATIONAL SAFETY AND HEALTH ACT The Contractor shall meet all standards of the Occupational Safety and Health Act of 1970 and subsequent revision. This shall include, but not be limited to, the following areas Sanitation, noise, radiation, gases, vapors, fumes, mists, dust, illumination, ventilation, protective equipment, fire protection, waste disposal, electrical hazards, scaffolds and ladders, floor holes , and wall openings, and heavy equipment . All specific require- ments of the Act shall be adhered to. 7. SAFETY PROVISIONS The Contractor shall take every precaution and shall provide such equipment and facilities as are necessary or required for the safety of his employees. In case of an accident, first aid shall be administered to any who may be injured in the progress of the work. In addition, the Contractor shall also be prepared for the removal, to the hospital for treatment, of any employee either seriously in- jured or ill. 8. SANITARY REGULATIONS A. In addition to compliance with the Occupational Safety and Health Act, the Contractor shall erect and maintain necessary sani- tary conveniences for the use of employees on the work. Such con- veniences shall be properly secluded from observation, and their use shall be strictly enforced. Such sanitary conveniences shall be constructed in compliance with all laws, ordinances or regulations governing these facilities. The contents of the same shall be re- moved, with sufficient frequency to prevent nuisance, and disposed of to the satisfaction of the Engineer. B. The Contractor shall obey and enforce such other sanitary 6 regulations and orders and shall take such precautions against in- t fectious diseases as may be deemed necessary. In case any infectious diseases occur among his employees, he shall arrange for the immediate removal of the patient from the work and his isolation from all per- sons connected with the work. C. The building of shanties or other structures for housing the men, tools, machinery or supplies will be permitted only at approved places, and the sanitary condition of the grounds in and at such shanties or other structures must , at all times, be maintained in a satisfactory manner. RT GC-3 HOLZMACHER, McLENDON &MURRELL. P.C. 1 H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENT M GENERAL CONDITIONS (CONT'D. ) 9. RESPONSIBILITY OF ENGINEER AND CONTRACTOR DURING CONSTRUCTION A. The Engineer is responsible solely for the general and/or detailed inspection of the work being performed. Such inspection will be periodic and strictly to assure conformance of the Contractor with the Plans and Specifications, such that the end product will conform to the Plans and Specifications. B. The Contractor is responsible for complete conformance to the Plans and Specifications, proper construction procedures; co- ordination with subcontractors, other contractors and utilities, and safe working conditions for his employees. 10. LABOR A. All contractors and subcontractors employed upon the work shall and will be required to conform to the Labor Laws of the State of New York and the various acts amendatory and supplementary there- to; and to all other laws, ordinances and legal requirements applicable thereto. B. All labor shall be performed in the best and most workman- like 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. 11. CONTRACTOR' S REPRESENTATIVE The Contractor, in case of his absence from the work, shall have a competent representative or foreman present, who shall follow with- out delay all instructions of the Engineer or his assistants in the prosecution and completion of the work, in conformity with this Con- tract, and shall have full authority to supply labor and material immediately. The Contractor shall also have a competent representa- tive available to receive telephone messages and provide a reasonable 6 reply as soon as possible, but not later than twenty-four (24) hours. 1 RT GC-4 HOLZMACHER, McLENDON 6 MURRELL. P.C. / H2M CORP. CONSUMNO ENGINEEAS AND ENVIRONMENTAL SCIENTISTS GENERAL CONDITIONS (CONT'D,) 12. INCOMPETENT EMPLOYEES The Contractor shall employ only competent, skilled and faithful men to do the work. Upon request of the Engineer in writing, the Con- tractor shall suspend or discharge from the work any disobedient, dis- orderly or incompetent person or persons employed thereon, and will not again employ any person so suspended or discharged without the consent of the Engineer. This requirement shall not be made on the basis of any claim for compensation or damages against the Town or any of its officers or agents. 13. CLAIMS OR PROTESTS If the Contractor considers any work required of him to be out- side the requirements of the Contract, or considers any record or ruling of the Engineers or Inspectors as unfair, he shall ask for written instructions or decisions immediately, and then file a writ- ten protest with the Town against the same within five (5) days, thereafter, or be considered as having accepted the record or ruling. 14. NOTIFICATION, INTERFERENCE AND INJURY TO UTILITIES A. The Contractor shall cooperate in every way with the Utility Companies. B. The Utility Companies shall be notified in accordance with Section 1918 of the Penal Law of the State of New York, entitled Construction or Blasting near Pipes Conveying Combustible Gas," and with Article 20, Section 322-a of the New York State General Business Law. 6 C. All conduits, water mains and gas mains encountered in the 1 construction shall be properly and safely taken care of by the Con- tractor, who shall, upon encountering same, notify the public corpora- tion to whom they belong, in order that they may be changed in such a manner as not to interfere with the final construction. D. In case any damage shall result to any service pipe for water or gas, or any private or public sewer or conduit . by reason of negli- gence on the part of the Contractor, he shall, without delay and at his own expense, repair the same to the satisfaction of the Engineer, and in case such repairs are not made promptly or satisfactorily, the Town may have the repairs made by another Contractor or otherwise, and deduct the cost of same from any monies due or to become due the Con- tractor. RT GC-5 HOLIMACHER, MCLENDON 6 MURRELL. P.C. I HZM CORP. CONSUMNG MINELU AND L"*ONMF?RAL 9CIET1T M GENERAL CONDITIONS (CONT'D.) 15. INFRINGEMENT OF PATENTS The Contractor further agrees to hold himself responsible for any claims made against the District for any infringement of patents by the use of patented articles in any one phase of construction of the work and the completion of same, or any process connected with the work agreed to be performed under this Contract, or of any materials used upon the said work and to save harmless and indemnify the Town from all costs, expenses and damages which the Town shall be obliged to pay by reason of any infringement of patents used .in the construc- tion and completion of the work. 16. DAMAGES All damage, direct or indirect, of whatever nature resulting from either the performance of, or resulting to the work under, this Con- tract during its progress from whatever cause, shall be borne and sus- tained by the Contractor, and all work shall be solely at his risk until the date of the final certificate. 17. GUARANTEE WARRANTY This Contractor shall guarantee and warrant his work and that of his subcontractors against defects in workmanship and/or material for a period of one (1) year from the date of final certificate by the Engineer except as otherwise specified. Upon written notification from the Engineer, the Contractor shall repair, replace or reconstruct such defects to the satisfaction of the Engineer at no cost to the Town. 18. STANDARDIZATION The DETAILED and General Specifications indicate specific manu- facturers and/or catalog numbers, etc. , for the purpose of standardiza- tion within the Town in order to minimize stockpiling of replacement parts. 19. DEFINITIONS " 1 The words or approved equal" as hereinafter used shall refer to the use of an equal product that has received prior approval by the Consulting Engineer for the Town. The word "Engineer" refers to HOLZMACHER, McLENDON & MURRELL, P.C. , Consulting Engineer for the Town of Southold. SH GC-6 HOLZMACHER, MGLENDON&MURRELL,P.0 GOw&KTwq EwWwEEM:EwvaowwEwrru,tpEwrMri wa►uwwE14 J TECHNICAL SPECIFICATIONS d SEVERAL ITEMS ON THE PLANS AND IN THESE SPECIFICATIONS REFER TO THE "SUFFOLK COUNTY PUBLIC WORKS SPECIFICATIONS OF NOVEMBER 1, 1968 , " AS AMENDED. THESE SPECIFICATIONS SHALL BE INCORPORATED BY REFERENCE AND SHALL APPLY AS IF DETAILED IN FULL, UNLESS HEREIN MODIFIED. 112MHOIZMACHER, McLENDON 6 MURRELL,P.C. C0*jSp,{NM FNWNEEft EMV010"WNTK KKNTI�i{MO�IANNEM GENERAL SPECIFICATIONS TOWN OF SOUTHOLD RESURFACING OF SOUND AVENUE AT THE WESTERN TOWN LIMIT 0. 1 - SCOPE The work to be done under this Contract consists of furnishing all labor, materials, equipment, etc. , for the. RREUWACI,NG. O)F EoUpp AVENUE AT THE WESTERN TOWN LIMIT in the Town of Southold, as set forth in the Proposal Sheets, in accordance with the Specifications and as indicated on the plans, all to the approval of the Engineer and the Town of Southold. 0. 2 - GENERAL SPECIFICATIONS (a) The "General Specifications" of the contract are hereby made a part of this specification and are attached herein.. (b) Where any article of the "General Specifications" is supplemented hereby, the provisions of such article shall remain in effect. Where any such article is amended, voided. or superseded thereby, the provisions of such article not .so specifically amended voided or superseded shall remain in effect. 0. 3 - GENERAL CONDITIONS (a) The "General Conditions" of the contract are hereby made a part of this specification and are attached herein. (b) Where any article of the "General Conditions' is supple- mented hereby, the provisions of such article shall remain in effect. All the supplemental provisions shall be considered as added thereto. 2 Where any such article is amended, voided, or superseded thereby, the provisions of such article not so specifically amended, voided, or superseded shall remain in effect. v 1 GS - 1 of 11 HOtZMACHER. MCLENDW b MURRELL. P.C. H2M CORP. CON"T)NO M011JU Ri AND UMMONMWTAL 90 M STS GENERAL SPECIFICATIONS (CONT'D) 0.4 - NO DIRECT PAYMENT No direct payment will be made for work• done and for materials furnished under these General Specifications or the General Conditions of the contract, but compensation shall be deemed to have been in- cluded in the contract price of the entire work. 0.5 - PLANS AND SPECIFICATIONS This Contractor will be furnished six (6) complete sets of the plans and specifications. Additional sets will be furnished at cost of reproduction. 0.6 - PERMITS AND REGULATIONS This Contractor shall obtain and apply for all permits necessary to conduct the work and complete this contract . All work shall be performed in strict accordance with the regulations and requirements of the various civil agencies having jurisdiction thereof. Upon completion of the work provided for in this contract , and before final payment shall be made, the Contractor shall furnish the Engineer with any necessary certificates of approval issued by these various agencies. 0. 7 - SIGNS No signs or advertisements shall be permitted by the Town. 0. 8 - TEMPORARY LIGHT, WATER, ETC. This Contractor shall furnish temporary light and power complete with all wiring, lamps and similar equipment , as required for the completion of they work. ., Water shall be supplied by this Contractor. 6 1 RT GS - 2 of 11 2 HOl2MA04ER. Mal Dd=A MURK" P.C. / H204 CORP. cottS Lnwa v4ainem ANo tNV pmuorm sgEltT m GENERAL SPECIFICATIONS (CONY D) .y 0.9 - COOPERATION V This Contractor, all other contractors, and all subcontractors shall coordinate their work with all adjacent Nark and shall coordinate with all other trades so as to facilitate the general progress of the work. Ranh Made shall afford all other trades every reasonable op- portunity for the installation of their work and for the storage of their material. 0.10 - REPRESENTATIVE ALWAYS PRESENT The Contractor, in case of his absence from the work, shall have a competent representative or foreman present, who shall follow with- out delay all instructions of the Engineer or his assistants in the prosecution and completion of the work, in conformity with this con- tract, and shall have full authority to supply labor and material immediately. The Contractor shall also have a competent representa- tive available to receive telephone messages and provide a reasonable reply as soon as possible, but not later than twenty-four (24) hours. 0.11 - LABOR (a) All contractors and subcontractors employed upon the work shall and will be required to conform to the Labor Laws of the State of New York and the various Acts amendatory and supplementary there- to; and to all other laws, ordinances and legal requirements appli- cable thereto. (b) All labor shall be performed in the best and most worlman- like 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. 6 1 RT GS - 3 of 11 3 HOLZMACHER. MdM40 N a MURRELL. P.C. / H2M CORP. COMUMNO o+wNmu AND D M*ONMDffAL 901NMU GENERAL SPECIFICATIONS (CONT'D) w 0.12 - WORKMANSHIP It is the intent of these Specifications to describe definitely and fully the character of materials and workmanship required with regard to all ordinary features, and to require first class work and materials in all particulars. For any unexpected features arising during the progress of the work and not fully covered herein, the specifications shall be inter- preted by the Engineer to require first class work and materials; and such interpretation shall be accepted by the Contractor. 0.13 - 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 f 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 increase of such effi- ciency 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 ex- cept 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, such as manholes, catch basins, pipe lines, conduits, etc . 6 1 RT GS - 4 of 11 4 HOLZMACHER, McLU40ON a MURRELL. F.C. / H2M CORP. Com"TIM C MINWA AND L MMOMMAL >fGElfTiM ,GENERAL SPECIFICATIONS (CONY D) 0.14 - INSSPECTION The Contractor shall, at all times, provide convenience of ac- ess and safe and proper facilities for the inspection of all parts of the work. No work, except such shop work as may be so permitted, shall be done except in the presence of the Engineer or his assist- ants. The Contractor shall notify the Engineer twenty-four (24) hours in advance as to when he intends to start or resume the work. No materials of any kind shall be used upon the work until it has been inspected and accepted by the Engineer; all materials re- jected shall be immediately removed from the work and not again of- fered for inspection. Any material or workmanship found at any time to be defective shall be remedied at once, regardless of previous inspection. The inspection and supervision of the work by the Engineer is intended to aid the Contractor in applying labor and materials to and in ac- cordance with the specifications, but such inspection shall not operate to release the Contractor from any of his contract obliga- tions. 0.15 - PHOTOGRAPHS Prior to the commencement ofany work to be performed 4pnr this contract, the Contractor shall inspect all structures,walls, curbs, sidewalks along the route with the Engineer. ver cracks; breaks, defects, faults or structural decay is expeor visible, photographs shall be taken, by a professional photographer, to identify and to record each and every defect. Failure on the part of the Contractor to take such photographs will be construed as mean- ing that no defects existed prior to construction. The Contractor shall submit to the Engineer three (3) sets of 311x5" prints and the negatives from which the prints were made, wh' negatives shall be at least 35 millimeter in size. Prints shall be mounted in a photo album with a written description of each photo to include descriptions, street location, address and ownership of property or building, if available. No separate payment will be made for the photographs. 6 1 RT GS - 5 of 11 5 wXZMACHER, McLENDON b MURRELL. P.C. / HZM CORP. CONSULTING ENGINEERS AND ENWRONMEMAL SCIENTISTS GENERAL SPECIFICATIONS (CONT 'D) s, 0.16 - LINE AND GRADE (a) The Engineer shall establish the lines and grades for the storm drains and appurtenances, and the necessary benchmarks for pavement construction stakeout. (b) All grades, lines, elevations and benchmarks shall be maintained by this Contractor who shall be responsible for same. (c) The Contractor shall verify all grades, lines, levels and dimensions as shown on the drawings, and he shall report any errors or inconsistencies in the above to the Engineer before commencing work. 0 .17 - BOUNDARIES OF WORK AND CONTIGUOUS WORK The Town will obtain from the property owners rights-of-way for all work specified in this contract, and the Contractor shall not enter or occupy with men, tools or materials , any private ground outside the easements and rights-of-way without the consent of the owner and the approval of the Engineer. Other contractors of the Town may, for all purposes required by their contract, enter upon the work and premises used by the Contractor, and the Contractor shall give to other contrac- tors of the Town all reasonable facilities and assistance for the com- pletion of adjoining work. 0.18 - RIG-HT-OF-WAY Where the work called for extends upon or through private property , the Town shall produce all necessary rights , deeds and easements for access to the property and the Contractor shall not proceed with this part of the work until the Town has completed negotiations with the property holders and all necessary papers are in the hands of the 'Town. If, after a reasonable period of negotiations (up to one (1) year from signing of the contract) , rights or easements cannot be obtaihed, then the Town reserves the right to eliminate those items of work from the contract which required the easements prior to construction. No addi- tional compensation shall be made to the Contractor for such elimination. 4 2 SOHT 81-01 GS - 6 of 11 6 HOLZMACHER. Md.ENOON i MURRQ1» P.C. I HZM CORP. CGNSUL"No COMMU if AND L"NONMMAL I UNT M GENERAL SPECIFICATIONS (CONT'D) w 0.19 - PROTECTION OF WORK The Contractor shall place a sufficiency of red lights on or near any work accessible to the public and keep them burning sunset to sun- rise; he shall erect suitable railings or barriers, and shall provide watchmen on the work by day or night, as required and deemed necessary, for the safety of the work, on public or adjoining property. The Town reserves the right to remedy any neglect on the part of the 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. 0.20 - MAINTAINING FLOW OF SEWERS AND DRAINS a The Contractor shall, at his own cost and expense, provide for and maintain the flow of all sewers, drains, house or inlet connec- tions and all water-courses which may be met with during the progress of the work. He shall not allow the contents of any sewer, drain or house inlet connection to flow into trenches to be constructed under the contract, except where written permission is given by the Engineer and shall, at his own expense, immediately remove and cart away from the vicinity of the work all offensive matter, using such precautions in so doing as may be directed by the Engineer. 0.21 - PROTECTION OF EXISTING SUBSURFACE STRUCTURES Certain existing subsurface structures will likely be encountered during the construction of the work embraced in this contract , or located in such close proximity to the work to be done under this contract , as to require special precautions and methods for their pro- tection, such as sewers , drains , water mains and conduits, together with appurtenances , and are shown on the drawings. The sizes# lova- . tions and depths shown, however, are only approximate and the Contrac- tor shall satisfy himself as to the accuracy of the inforMation given and shall not claim nor shall he be entitled to receive Compensation 6 for damages sustained by reason of the inaccuracy of the informAtion 1 given or by reason of his failure to properly maintain and support such structures. RT GS — 7 of 11 7 HOLZMACHER, Md ANDON A MURRaL. P.C. / H2M CORP. CONSULTING U441MUPA AND DrANONMCWAL SCIENTISTS GENERAL SPECIFICATIONS (CONY D) Should the Contractor, through his own negligence, damage any portion of the existing underground structures, sewers, drains, cul- verts, water lines, etc. , located within the limits of the contract, and which are to remain, he shall replace or restore such damaged portions at his own expense and as directed by the Engineer. 0 .22 - NOTIFYING UTILITY COMPANIES The Utility Companies shall be notified in accordance with Sec- tion 1918 of the Penal Law of the State of New York and Article 20, Section 322-a of the New York State General Business Law, entitled, "Construction or Blasting Near Pipes Conveying Combustible Gas, " which states, "the person having direction or control of such works shall given such, noti-ce and further, he shall ascertain whether there is within one hundred feet in such street, highway or public place. . .any pipe. . .conveying combustible gas." This Contractor and all other excavators must comply with Indus- trial Code Part 53 whereby this Contractor must obtain the list of each operator of underground facilities and provide advanced notice to each operator of his intent to perform excavation in the area specified under this contract. 0.23 - PUBLIC UTILITY COMPANIES All conduits, sewers, storm drains, water mains, underground elec- tric and telephone conductors or conduits , or gas mains encountered in the construction shall be properly and safely taken care of by the Con- tractor, who shall, upon encountering same, notify the public corpora- tion to whom they belong, in order that they may be changed in such a manner as not to interfere with the final construction if it is imposs- ible to cross over, under or around the other utility. 6 1 RT GS - 8 of 11 8 WXZMACHER, MNFNOON i MURRELL. P.C. / Hsi CORP. COMULnNO MOINUM AMC ff"RONM01TAL tuolnsri GENERAL SPECIFICATIONS (CONT'D) 0.24 - INJURY TO SERVICE PIPES In case any damage shall result to any service pipe for water or gas ,, or any private or public sewer or conduit , the Contractor shall , without delay, and at his own expense, repair the same to the satis- faction of the Engineer and in case such repairs are not made promptly or satisfactorily, the Owner may have the repairs made by another contractor, or otherwise, and deduct the cost of same from any monies due or to become due the Contractor. 0.25 - DAMAGES All damage, direct or indirect, of whatever nature resulting from either the performance of or resulting to the work under this contract during its progress from whatever cause, shall be borne and sustained by the Contractor, and all work shall be solely at his risk until the date of the final certificate. T, 0.26 - TRAFFIC MAINTENANCE M The Contractor shall minimize all interference to vehicular, pedestrian and other traffic. Traffic along the construction site shall be provided with a passable and adequate road. All fire hyd- rants shall be accessible at all times. Maintenance of traffic shall include bridging over construction, construction in sections, providing detours , and other measures speci- fied. Access shall be maintained to all driveways. The Contractor shall furnish and install adequate warning signs, flags, lights, railings, barricades and other devices. Watchmen, flagmen and signal- men shall be provided to maintain traffic . 0.27 - REMOVAL OF TEMPORARY STRUCTURES On or before the completion of the work, the Contractor shall , without charge therefore, tear down and remove all buildings and other structures built by him for facilitating the carrying out of the work and shall remove all rubbish of all kinds from the grounds which he ' has occupied, and shall leave the site of the work clean and in good condition. 6 1 RT GS - 9 of 11 9 HCUW M:k MdEN00N 6 MUAAEL1.P.C. / HM CORP. COK"InNO V40 MUPA ANO VMMMMVML 800MM GENERAL SPECIFICATIONS (CONT'D) 0.28 - CLEANING AND FINAL INSPECTION All pipe lines and other structures shall be kept clean during construction, and as the work approaches completion, the Contractor shall systematically and thoroughly clean and make any needed re- pairs to the same. He shall furnish at his own expense suitable tools and labor for cleaning out all dirt, mortar and foreign substances from the structures, and also the water for cleaning by flushing. Any leakage of water into any structure exceeding the limits speci- fied, or any deviation from the proper grade for alignment to the structure or any other defect such as to make the work, in the opinion of the Engineer, fall short of first class work, shall be properly corrected by the Contractor at his own expense. The clean- ing and repairs shall be arranged, so far as practicable, to be com- pleted upon finishing the construction work. Notice to begin this cleaning and repairing, if such is needed , will be given in due sea- son by the Engineer who, at the same time, will make his final in- spection of the work. The Engineer will not prepare his final certificate of this por- tion of the work until after the final inspection is made. During ' this final inspection , the Contractor, at his own expense, shall fur- nish suitable provisions as to needed drainage , workmen and appli- ances. 0.29 - TOILET FACILITIES Necessary toilet facilities for the use of the workmen on the project, properly secluded from observation , shall be erected and maintained by the Contractor in such manner and at such points as shall be approved, and their use shall be strictly enforced. The contents of same shall be removed, with sufficient frequency to pre- vent nuisance, and disposed of to the satisfaction of the Engineer and the Town. The Contractor shall obey and enforce all saflitary regulations. The sanitary condition of the grounds in and around such toilet facilities must be maintained in a satisfactory manner at all times. 6 1 GS - 10 of 11 10 HOLZMACHER. McMDON i MURRELL. P.C. / HN CORP. CONSULTING VMNUM AND UMQONMWMAL 8001TISTS GENERAL SPECIFIC:ATIUN5 (CUNT'V) 0. 30 - CHANGE ORDERS During the construction period of this contract , the Engineer may order, in writing, changes in sizes of (prior to release from the manufacturer) and/or locations of (prior to delivery of materials) and/or additional items. The prices as bid for the respective size installed shall be also applicable to any such changes or additions ordered by the Engineer. The total cost of additional items ordered shall be limited to not more than ten percent (10%) of the total bid (including alternate bids) of all items. Change orders involving extras or additional funds outside the limits of the unit and/or lump sum prices must be approved by the Consulting Engineer and the Town of Southold. 0. 31 - DEFINITIONS T The specifications indicate specific manufacturers and/or catalog numbers, etc. , for the purpose of standardization in order to minimize stockpiling of replacement parts . The words "or approved equal" as hereinafter used shall refer to the use of an equal product that has received prior approval by the Consulting Engineer for the Town. The word "Engineer" rsferes to HOLZMACHER, McLENDON & MURRELL, P.C. , Consulting Engineer for the Town. The words "Owner" or "Town" refer to the TOWN OF SOUTHOLD. 4 2 SH GS - 11 of 11 11 HOLZMACHER.McLENDON&MURRELL,P.C. ppNNRTINO ENOMNIM.ENW110NYlMTK�plN1NriM RANNfM PAVEMENT RESTORATION & REPLACEMENT ITEM 5 ` 5. 1 - SCOPE The work under this item includes sa_ wc_utting, removal and disposal _ of existing pavements (temporary and permament J. and the furnishing and placing of asphalt concrete base and binder courses at the locations indicated on the plans or as directed by the Engineer. 5. 2 - GENERAL Under this item, the Contractor shall be responsible for the re- moval and disposal of the following: 1) All temporary pavement previously placed by Southold Town forces in connection with the installation of new storm drainage leaching pools within the project area. 2) All existing pavement indicated on the plans and any existing pave- ment ordered by the Engineer in the field during construction. In general, the removal of existing pavement will be ordered at those locations where subgrade failure is evident. In addition, severely distressed or cracked pavement will be ordered removed. 3) All existing subbase material down to the required grade for con- struction of the new pavement section. In the event that the material at this grade is considered by the Engineer to be unsuitable as a sub- base for a new vement, 4dditiigal excavation ordered will be paid for and m 1 Under this item, the Contractor shall construct a new pavement cross section at the aforementioned locations in accordance with the details indicated on the plans. Pavement restoration at leaching pools shall include the additional pavement required behind each structure, as detailed on the plans. Sawcutting is required when removing deteriorated pavement and shall be performed to the Engineer' s satisfaction. Upon completion of sawcutting, all asphaltic concrete on all types of bases shall be removed in a neat, workmanlike manner, using modern pavement removal methods as approved by the Engineer. Disposing of removed material shall be done in an acceptable manner off the site or at a designated area specified by the Engineer. This Contractor shall be responsible for the payment of any dumping fees should he elect to use the Town Landfill facilities. 6 5. 3 - SAWCUTTING 2 The existingasphalt p halt pavement shall be cut at the locations desig- nated by the Engineer. The minimum depth of cut shall be two (2) inches. PRR - 1 of 4 12 HOLZMACHER, MCLENDON&MURRELL,P.C. CpgMl�iMq NgI11�,OIYMONMlMTY�O�N�NI�MAAMMW PAVEMENT RESTORATION & REPLACEMENT (CONT-D. ) 5. 3 - SAWCUTTING .(Cont'd. ) All work shall be accomplished in a neat, workmanlike manner, using approved modern sawcutting methods. Failure to cut a minimum depth of two (2) inches will be con- sidered as grounds for rejection of the sawcut, and the Contractor shall be required to re-sawcut the pavement. No payment will be made for either the additional sawcutting or additional pavement replace- ment required. 5.4 - SUB-BASE The sub-base shall be cleaned of all loose or foreign material, reshaped if rutted, and otherwise prepared so as to provide uniform support for the pavement. All soft or unsuitable material such as loam shall be removed as directed by the Engineer, and replaced with suitable material approved by the Engineer and compacted in six (6) inch layers to the pavement base. Excavation to remove unsuitable materials below the bottom of the proposed base course shall be paid for under Item 14. n Shaping of the sub-base shall be acc mplished by hand or with mechanical grading equipment after whi the sub-base shall be mois- ened and compacted by means of a vib tory-type compactor in accordance with modern vibratory compaction m ods, to the approval of the Engineer. All equipment for the proper preparation of the sub-base and for the placing and finishing of pavement shall be in first-class working order and shall be subject to any inspection the Engineer may desire prior to being placed in use. After the sub-base has been prepared and compacted to the required uniform density and to the:. required. elevation, alignment and cross-section, it shall be maintained in that condition until the pavement is placed thereon. Pavement will not be placed upon any frozen sub-base or upon any material which, in the opin- ion of the Engineer, is unsuitable as a pavement foundation. The end result of all compactive efforts shall be that the sub-base material is compacted to not less than 95% of maximum density at optimum moisture content as determined by AASHTO T-99. In the event that the Engineer determines that there is reasonable doubt regarding the quality or degree of compaction, he may order that compaction tests be performed at random locations. All compaction tests shall be performed by an independent laboratory previously approved (written approval) by the Engineer. The xajtsO for all 6 compaction testing ordered shall be borne by the Contractor. 2 ----.� PRR - 2 of 4 13 'IA(JW HOLZMACHER,MCLENDON d MURRELL.P.C. CONMIlTN10!"OMMlM N/W110MMlNK fgH1�N1�rN KM111fM PAVEMENT RESTORATION & REPLACEMENT (CONT'D. ) 5.5 - PAVEMENT MATERIALS Materials utilized for pavement restoration shall be in accor- dance with the "Suffolk County Public Works Specifications of November 1, 1968" as amended. The typical pavement restoration cross- section is indicated on the Contract Drawings. A bituminous material shall be placed on the concrete- or bitum- inous base and at sawcut joints, as a tack or seal coat. The minim application rate of this material shall be 0.1 gallons/square ya The bituminous material shall conform to the requirements of New York State Department of Transportation Specification Section 407, Item No. 407.01. 5. 6 - PAVEMENT CONSTRUCTION All pavement restoration shall be performed in accordance with the requirements of "BITUMINOUS PAVING CONSTRfJCTION, PART II, SECTION 8" of the "Suffolk County Public Works Specifications of November 1, 1968" as amended. 5.7 - MISCELLANEOUS No payment will be made under this Item for pavement disturbed or broken by the Contractor due to his own nealiaence or for pavements removed to facilitate the construction where specific authorization has not been given by the Engineer. 5.8 - MAINTENANCE AND GUARANTEE After repaving, the Contractor will be responsible for his work and will have to repair any sunken trenches immediately after notifi- cation from the Engineer, to the satisfaction of the Engineer and the Town of Southold Highway Department for a period of one (1) year after the date of final certificate. 5. 9 - BASIS OF PAYMENT Payment will be made for the various types of pavement removal and restoration on a square yard basis in the following manner: , Item 5A - Remove temporary pav ment placed by others and restore excava- tion area with new asphaltic c crete as detailed on the plans. Con- struction of paved areas behi d each of the new leaching pool structures 6 shall be included under this it 2 Item 5B - Removal of existing deteriorated pavement sections and replace- ment with new asphaltic concrete as detailed on the plans or as ordered by the Engineer. PRR - 3 of 4 14 (�MHOLZMACHER, MCLENDON i MURRELL,P.C. 00MATNO NIOrINIM.1W**'000WWAL*CWW"RWdKA"I PAVEMENT RESTORATION & REPLACEMENT (CONT'D. ) 5.9 - BASIS OF PAYMENT (Cont'd. ) All pavement restoration shall be in accordance with the applicable Suffolk County Department of Public Works Specifications, the details in- dicated on the Contract Drawings and the directions and orders of the Engineer. The unit price bid for these items shall include all materials, labor, equipment and incidentals necessary to complete the work. h n V 6 2 PRR - 4 of 4 15 HOLZMACHER, McLENDON d MURRELL.P.C. oonw►rwo amm"GM.A-,"n - qe n rw n t� MAINTENANCE AND PROTECTION OF TRAFFIC ITEM 10 10. 1 - SCOPE The work includes furnishing all labor, materials, equipment and appliances necessary to maintain both vehicular and pedestrian traffic, to protect the public from all damage to person and property and to minimize inconveniences to the residences and businesses ad- jacent to the contract area for the duration of the contract in accordance with the specifications, as shown on the plans and as directed by and to the approval of the Engineer and the Town of Southold Highway Department. 10 .2 - GENERAL The Contractor shall maintain traffic over a reasonably smooth travelled way which shall be so marked by signs, delineations and/or other methods so that a person who has no knowledge of conditions can safely, and with a minimum of discomfort and inconvenience, ride, drive or walk over all or any portion of the roadway under construc- tion. a The Contractor shall prepare and submit a plan to the Engineer for his approval , outlining a schedule of operations for the mainten- ance, protection and detouring of traffic showing in complete detail the methods, sequences, procedures and facilities he proposes to install. Before the Contractor shall in any way or manner restrict or interfere with the normal flow of traffic, he must first secure written approval of his proposed plan from the Engineer. The Contractor is placed on notice that the Maintenance and Pro- tection of Traffic over this highway during construction is con- sidered as important and necessary an item of work as is the actual construction itself. The Contractor shall at all times conduct his operation in a manner to insure the safety of motorists, pedestrians and his own employees. The Contractor shall protect the user from damage to person and property by reason of any construction operation ( for example -- painting , paving, blasting , tree work, demolition, etc. ) by such protective screens , devices or methods as are approved by the Engineer. 6 2 SOHT MPT — 1 r)f 6 16 HOLZMACHER, McLENDON 6 MURRELL.P.C. 0011NR/MN tM0111NM/11YMONMIAK�OINflN1�M/HHRH MAINTENANCE AND PROTECTION OF TRAFFIC - CONT'D. The Contractor shall under this item be responsible for the maintenance within the limits of the contract of the entire pave- ment, drainage facilities and other highway elements, both old and new, beginning on the date construction commences and ending on the date the contract is officially accepted. The Contractor shall schedule his work so as to minimize the amount of the old travelled way that is destroyed or substantially damaged at any one time. Throughout the course of the work the health and welfare of the people shall be provided for. The Contractor shall at -least one ( 1) week in advance of proposed work, ascertain the specific needs of individuals whose homes or place of business may be inaccessible for periods of time while required construction work is in progress. In all such cases, the Contractor shall make all arrangements with health, safety and protective agencies to insure, that any and all emergency or accidental needs of seriously hampered people will be cared for. Roads which must be closed to traffic completely shall be completed during the normal work week. One week's advance notifi- cation of construction shall be given to affected residents. J 10.3 - MATERIALS All materials used shall comply with the requirements for the various items or materials as established in the specifications or the plans. All temporary signs, delineators, barricades, lighting and other warning and guiding devices shall be as approved by the Engi- neer, and will remain the property of the Contractor. All materials and equipment and workmanship for electrical installations shall be in strict compliance with the Standard Code Requirements and the work shall be performed by licensed electri- cians. The Contractor shall obtain, supply and pay for all required electrical energy and shall make all necessary arrangements with the utility company for service points. All electrical services, permits and certificates shall be obtained and paid for by the Contractor. i SOH T MPT - 2 of 6 17 ughtHOLZMACHER, MCLENDON&MURRELL.P.C. Comm""VNWMW iNVOWWAWM 9C*W*fr.MVLWWM MAINTENANCE AND PROTECTION OF TRAFFIC - CONT'D. 10.4 - CONSTRUCTION DETAILS 10. 4. 1 - General - The Contractor shall generally provide a travelway suitable for maintaining a minimum of two lanes of traffic. This travelway shall be kept well drained and reasonably smooth and hard at all times and free of potholes, bumps, irregularities and depressions that hold or retain water. 10.4.2 - Warning Signs & Delineators - The Contractor shall erect barricades, detour signs, warning lights and other facilities approved by the Engineer at the beginning, end and for the entire length of any detours to adequately warn the travelling public that the road is closed and indicate the direction and route of the detour. He shall conduct his operations to insure a minimum of delay to traffic. The Contractor shall furnish, erect and maintain proper reflect- orized signs, indicating to motorists the status of the highway under construction. All signs shall be kept clean, mounted at the indicated height and so placed as to be effective both day and night. Signs, warnings, delineators and barricades shall be used to adequately inform the motorist of any unusual or unsafe condition and to safely and clearly guide him through the contract area. Such signs, barricades, warnings or devices shall be so placed and lighted as to give timely warning and permit the motorist to take the necessary action to traverse the area safely. Barricades and signs shall be lighted when and as required . The Contractor shall delineate areas where there is a drop-off near the edge of the travel lanes and areas on which it is unsafe to travel . Where the drop-off is less than 6-inches, and where soft or unsafe areas occur, an approved delineator shall be placed along the edge of the travelway at intervals of not more than 200 feet. Where the drop-off is greater than 18-inches, a continuous delineation consisting of a white board or band shall be used in addition to individual delineators. Thirty ( 30) to fifty (50) gallon drums or containers set on end may be used as delineators, provided they are painted orange and white and kept clean at all times. Other markers or delineators may be circular or rectangular in shape and shall be constructed of .reflective sheeting having a minimum area of 20 square inches or reflective buttons having a minimum diameter of 3-inches. All reflective delineators or markers shall be yellow j or amber in color except that at entrances to commercial establish- ments the Contractor shall place a green reflective marker on each side of the designated safe entrance to the establishment. The entire 6 2 SOHT MPT - 3 of 6 18 HOLZMACHER, McLENDON&MURRELL.P.C. ow��nwo[NaMa�a awwwewrwwwtrn.wnwwM MAINTENANCE AND TRAFFIC PROTECTION - CONT'D. entrance area between adjacent green markers shall be kept safe and smooth for convenient ingress and egress. Delineators shall be sub- stantially mounted so that the bottom of the reflective unit is 4 feet above the elevation of the travelway. Any area judged by the Engineer to be particularly hazardous shall be marked by the use of oil burning flares or signal flashers with a large reflectorized orange lens in addition to the reflective markings. All signs, markers and other facilities shall indicate actual conditions existing and shall be moved, removed or changed immediately, as conditions require . Details and types of signs, temporary barricades, timber curb and other devices are shown on Standard Structure Sheets, Manual of Uniform Traffic Control Devices of the New York State Traffic Commission. These are minimum requirements and the Contractor shall have an adequate quantity of each available for use as required. The Engineer may, if conditions exist, requkre additional signs. In that event, they shall be consistent with the arrangements, material requirements and details of those shown on the Standard Structure Sheets. Lighted barricades shall be fully equipped with complete electrical facilities including fixtures, lamps, conduits, switches, cut-outs, boxes, cable and all other required equipment, appurtenances and connections to the service points designated by the utility company as necessary to install and light the barricades. The Contractor shall set and adjust time switches and other equipment as required to put the lighting system in satisfactory operation. 10.4.3 - Maintenance - The Contractor shall furnish material, labor and equipment at any time , day or night, to immediately repair, remedy and prevent washouts, formation of holes, ruts and depressions, sunken trenches and the destruction or sinking of temporary pavements. This applies when the work is underway and when the work is temporarily suspended for any period of time. Special attention shall be given to maintenance of a satisfactory travelway over weekends, holidays, and during the winter season. Any damage to any portion of the work occasioned by lack of adequate maintenance shall be repaired by the Contractor at his own expense. b 2 SOHT MPT - 4 of 6 19 HOLZMACHER, McLENDON 6 MURRELL,P.C. oo«M+►r«a�«a«nw,t«vMo�wt«rKwe«nan.w ru««gs MAINTENANCE AND PROTECTION OF TRAFFIC - CONT'D. 10. 4. 4 - Flagmen - Whenever it is necessary to maintain traffic, the Contractor shall employ a sufficient number of competent flagmen during the time traffic is maintained. The Contractor shall also provide a sufficient number of competent flagmen in areas where traf- fic is congested, particularly where construction equipment is operating. 10.4 .5 - Access - Under this item, the Contractor shall construct and maintain at all times where required or as directed, temporary bridges or bridging across pipe trenches, excavations, obstructions and newly laid pavements to provide adequate ingress and egress for pedestrian and vehicular traffic to and from private driveways, busi- ness and commercial establishments or for main street intersections and heavily travelled crossings. The Contractor will be required, after the installation of all pipes and necessary appurtenances thereto, to immediately backfill all trenches, compact the same with the surface of the fill graded off, and install temporary pavement to permit the resumption of traffic without delay. The surfaces of all trenches shall be maintained continually by the Contractor to carry traffic smoothly, safely and without interruptions or slowdowns , until the permanent pavement has been restored. 10.4.6 - Existing Signs - All existing highway signs and supports within the contract limits are to remain under the control and juris- diction of the Engineer and are to be properly maintained for the duration of the contract by the Contractor as directed by the Engineer. The Contractor shall , when shown on the plans or ordered, remove these existing signs; store, protect and keep them clean; and replace them on the contract as directed by the Engineer. Signs not to be replaced shall be cleaned and delivered to the Town as directed by the Engineer. Signs or markers lost or damaged because of negligence on the part of the Contractor shall be replaced at the Contractor 's expense. 10.5 - BASIS OF PAYMENT The work of maintenance and protection of traffic shall be paid for under Item 10 at a lump sum bid price that is greater than or equal to the minimum bid price indicated on the proposal sheets. In the event that, in the opinion of the Engineer, traffic is not properly and adequately maintained on any part of the contract on any day, and/ or the Contractor deviates from or fails to comply with the approved plans, schedules and modifications or amendments thereto, no payment for 6 maintenance and protection of traffic will be made for that day. 2 SORT MPT - 5 of 6 20 HOLZMACHER. MCLENDON&MURRR�EI op+w�traewow�nM.�MVMawa MAINTENANCE AND PROTECTION OF TRAFFIC - CONT'D. Daily cleanups of the project site are considered an integral part of the maintenance and protection of traffic. Therefore, no payment will be made for those days where, in the opinion of the Engineer, the Contractor has not performed a satisfactory cleanup. The amount of any such daily non-payment will be $100 . The aggregate sum of money deducted for daily non-payment may exceed the actual amount bid for this item and may be deducted from any monies due the Contractor on other items of this contract. If the Contractor fails to maintain and protect traffic ade- quately and safely for a period of 24 hours , the Engineer may cor- rect the adverse conditions by the use of such means that he may as deem necessary and augmented by such other equipment and p it may be necessary to hire from outside sources, and the entire cost of this work by such forces, materials and equipment shallThe be deducted from any monies due the Contractor-,on this contract. deduction due to the cost of this work shall be in addition to the daily non-payment deductions listed above. The bid price shall include the cost of furnishing all labor, materials, tools and equipment necessary to satisfactorily complete the required work. Monthly payments will be made for this item in proportion to the total amount of contract work, excluding maintenance and pro- tection of traffic, completed divided by the total bid price less the stated allowance for maintenance and protection of traffic. i 6 2 SORT MPT - 6 of 6 21 ■ WAu HOLZMACHER, MCLENDON d MURRELL.P.C. GONVAT04 ENON1EEM 9WMIM WAL=*"M"OW ftAWE10 TACK COAT ITEM 11 11. 1 - SCOPE This work shall consist of preparing and treating an existing bituminous or concrete surface with bituminous material in accordance with these specifications and in reasonably close conformity with the limits shown on the plans or established by the Engineer . 11.2 - MATERIALS The bituminous material, prior to dilution, shall meet the re- quirements of one of the following material designations from the N.Y.S.D.O.T. "Standard Specifications - COMSTRUCTIOM AND MATERIALS" , dated January 2, 1981 : Asphalt Emulsion (HEMS-2h) 702-3401 Asphalt Emulsion (SS-1h) 702-3601 Cationic Asphalt Emulsion (CSS-1h) 702-4501 The bituminous material shall be diluted with an equal volume of suitable emulsifier solution and thoroughly mixed into a homogeneous liquid . The diluted bituminous material will be sampled and tested in accordance with the Engineer 's written instruction. 11.3 - CONSTRUCTION DETAILS 11. 3.1 - Equipment - The Contractor shall provide equipment for heating t1e bituminous material and a distributor for applying the tack coat. The distributor shall be so designed, equipped, maintained and operated so that bituminous material can be applied uniformly on variable widths of surface up to 15 feet at readily determined and controlled rates from 0.05 to 2.0 gallons per square yard, with uniform pressure, and with an allowable variation from any specified rate not to exceed 0 .02 gallons per square yard. Distributor equipment shall include a T' tachometer, accurate volume measuring devices or a calibrated tank, and a thermometer for measuring temperatures of tank contents. Distri- butors shall be equipped with a power unit for the pump, and full cir- culation spray bars adjustable laterally and vertically. Distributors 0 shall be equipped with an approved bituminous material sampling valve. When samples are taken through such valves, they shall be considered 1 representative of all material in the tank. TC - 1 of 2 22 NOLZMACNER, McLENDON t MURRELL,P.C. GOOMM "lMOMO M. «rK wOwMn.w rLAWOM TACK COAT - CONT'D. 11. 3. 1 - Equipment - (CONT' D. ) Small power spray units or hand spray equipment may be used in areas where the Engineer determines that the use of a distributor is impractical . 11.3.2 - Preparation of Surface to Be Treated - The existing surface—shallsurfa7ce—shall be patched and cleaned and shall be free of irregularities to provide a reasonably smooth and uniform surface to receive the treat- ment. Unstable corrugated areas shall be removed and patched with mat- erials determined suitable by the Engineer . The edges of existing pavements, which are to be adjacent to new pavements, shall be cleaned to permit the adhesion of bituminous materials. 11.3.3 - Application of Bitminous _Material - The bituminous material shall be uniformly applied *with a p-ressure distributor . The tack coat shall be applied in such a manner as to permit one-way traffic, where practical. ' fn addition, the tack coat shall be applied so as to offer the least inconvenience to traffic and to prevent pickup or tracking of ' the bituminous material. Tack coat shall not be applied during wet or cold weather, as determined by the Engineer. The temperature and areas to be treated shall be approved prior to application . The application rate shall be 0 .10 - 0 .15 gallons per square yard unless otherwise ordered by the Engineer. 11.4 - METHOD OF MEASUREMENT The quantity to be paid for will be the number of gallons of diluted emulsion measured at 60 degrees Farenheit incorporated into the work. 11.5 - BASIS OF PAYMENT "► The unit price bid per gallon for tack coat shall include the cost of furnishing materials and all equipment and labor necessary to com- plete the work. 1 0 1 TC - 2 of 2 23 H21A CoRp. / SER. McLENOON d MURRELL. P.C. coNlulnNa DOWNUM AND OMRONMORAL 800"M THERMOPLASTIC PAVEMENT MARKINGS 1 12. 1 - SCOPE Under this item, the Contractor shall furnish and apply thermoplastic reflectorized pavement markings at the locations and in accordance with patterns indicated on the plans or pavement, or as ordered by the Engineer. This work shall include the cleaning and preparation of pavement surfaces and the maintenance and protec- tion of traffic during installation. 12. 2 - MATERIALS : THERMOPLASTIC PAVEMENT MARKING MATERIAL (WHITE & YELLOW) This specification shall cover reflectorized thermoplastic pavement striping material that is extruded to the pavement surfaces in a molten state by mechanical means and which upon cooling to the normal pavement temperature produces a reflectorized traffic stripe of desired thickness and width. The term "Thermoplastic Material" defines a substance free of volatiles , applied in a molten state, which after cooling to the ambient temperature and without polymerization or any other chemical change forms a traffic marking stripe of a quality and appearance as specified in subsequent sections of these specifi- cations . This specification is intended to set minimum limits on material characteristics of the thermoplastic compound. The successful bidder shall furnish test samples of materials. He must also submit a list of installations made in the last three years . Material composition shall be in accordance with the following: A. In the plastic state, the material shall not give off fumes which are toxic or otherwise injurious to persons or property. B. The temperature versus viscosity characteristics of the plastic material shall remain constant through four reheatings ; and shall be the same from batch to batch. There shall be no obvious change in color of the material as a result of a number of reheatings or from batch to batch. C. The pigmented binder shall be well dispersed and free from all skins, dirt, foreign objects, or such ingredients as will cause bleeding, staining or discoloration. 24 PM - 1 of 5 H2M OW. / HWAL40NER. McLENDON 6 MURRELL. P.C. CONSMTINO a+ HUBS ANO EWWNMQITAL 408OW" THERMOPLASTIC PAVEMENT MARKINGS - CONT' D . D. The binder shall consist of a mixture of non-drying synthetic resins at least one of which is solid at room temperature. The total binder content of the thermoplastic compound shall be not less than twenty percent (20%) and sufficient to hold the exposed beads securely in place without the beads abrading off. E. The filler to be incorporated with the resins as binder shall be a white calcium carbonate- or approved alternate with a minimum compressive strength of five thousand pounds (5,000 lbs. ) per square inch. F. Specific gravity of- the materials shall be between 1.9 and 2. 1 at 25 degrees centigrade. G. The percentage of pigments for white and yellow thermoplastic shall be between 10% and 15%.. H. The softening point (ASTM E 28 Test) shall be a minimum of 90 or as the Engineer approves . I. Reflectorized beads (Fed. Spec. TT-P-85) shall be employed in the material to the extent of not less than twenty percent (20%) nor more than 30 percent (30%) by weight of material. The glass beads used in the formulation shall have refractive indexes of not less than 1. 50 when tested by the liquid method at 25 degrees centigrade; shall consist of 90% min. by count of water white true spheres and shall be free from air inclusions . The beads shall have the following gradation unless the Engineer approves alternate sizes: U.S. Sieve No. Maximum Percent Passing 30 60% 50 15% 100 0% Not less than 90% of the spheres shall meet the following require- ments: 1. The surface of the spheres shall be smooth, lustrous and free from film, scratch and pits. h r PPi - 2 of 5 25 H2M OORt. / HOtZMACHER. Mc ENOM &Wftft" P.C. OOMlNl"04 84WHEM AND WWROMMORAL WJ M S" THERMOPLASTIC PAVEMENT MARKINGS — CONT'D. 2. The spheres shall be clear and transparent and shall not y be ovate in shape or fused spheroids and shall meet ASTM D1155 speci- fications. 3. The spheres shall show high autocollimating efficiency. Not more than 1% shall be black, amber or milky. The compound shall not deteriorate by contact, with sodium chloride, calcium chloride, or other chemicals used against formation of ice on roadways or streets or because of the oil content of pavement materials or from oil drip- ping from traffic. J. Topdressing beads shall be beads with a refractive index of 1. 50 and the same specifications as above in Paragraph 1. Paymentfor these beads shall be included in the cost of thermoplastic material. K. The night-time visibility and reflectivity of the white and yellow thermoplastic lines shall be at least equivalent to reflectorized painted traffic lines having six pounds per gallon drop on beads of 1.5 index of refraction after each has been applied side by side on heavily traveled roads for one month. 12.3 - INSTALLATION PROCEDURES s A. Layout for the installation of pavement markings will be performed by the Contractor. In the event resurfacing is completed at a time when the thermo- plastic cannot be applied, the Contractor shall install temporary painte lines as directed by the Engineer. The Contractor shall install re- quired permanent thermoplastic lines when the road surface is the appropriate temperature. The Contractor in submitting his bid, hereby agrees that he shall have no claim for any damages due to such delay other than extended time to complete the work. Application for exten- sion of time shall be filed by the Contractor with the Engineer at least 15 days prior to the contract date of completion. The cost of any required temporary painted lines shall be included in the unit price bid for Item 12. B. Installation procedures for thermoplastic materials shall be in accordance with the following: w, 1. Before any work is begun, a schedule of operations shall be submitted for the approval of the Engineer. Signs, cones and other traffic control devices necessary to conform maintenance of traffic operations to the New York State Manual of Uniform Traffic Control Devices shall be on hand for the Engineers inspection prior to the start of work. PM - 3 of 5 26 H2M CORP. / HOIZMACHER, McLENOON 6 MURR" P.C. oonwLnaa V4WH M ANO EWRONMOfMAL SGOM" THERMOPLASTIC PAVEMENT MARKINGS - CONT' D. 2. Material shall be applied to the pavement at material temper- ature no lower than 360OF nor higher than 4200F. Installation shall be done only in seasonable weather, in accordance with good practice and in accordance with the manufacturer's recommendation. Immediately after application of the thermoplastic, drop on glass spheres (top- dressing beads) shall be mechanically applied while the thermoplastic is still sufficiently molten, such that the spheres will be held by and mechanically imbedded in the surface of the material, in order to provide immediate night reflectivity. 3. The material shall be placed in accordance with the layout lines marked by the Contractor and shall conform as closely as possible to these layout marks. 4• ,Cleaning Equipment - Equipment must be provided to insure removal of dust, debris, and other foreign matter from the road surface immediately prior to the installation of the thermoplastic. 5. Condition of Pavement - The pavement .shall be dry and free from oil, dirt, grease or other foreign contaminants at the time of instal- lation and the pavement temperature shall be above 550F and ambient , temperature shall be 450F and rising. 6. Equipment for Melting and Heating Thermoplastic Material - r A special kettle mounted on a mobile unit is required for melting and heating the material. Such equipment shall incorporate the following features: The kettle shall be of sufficient capacity to satisfy the minimum installation requirements of the material as specified hereafter; The kettle shall provide means of heating the material by means of thermo- statically controlled heat transfer liquid rather than by direct flame, so as to provide positive temperature control and prevent overheating of the material; suitable temperature gauges to indicate liquid and material temperatures at all times shall be provided in the kettle; The kettle shall provide means of continually agitating the material while the material is being heated; the kettle shall have means of rapidly and efficiently discharging the liquid material into appro- priate application equipment; the kettle shall be equipped and con- structed in such a manner so as to satisfy the requirements of the National Hoard of. Fire Underwriters and the appropriate agencies of the State of New York. 7. 4Lpplicatien Equipment - Equipment shall be provided to place the material on the pavement as a finished line. The portable hand operated applicator shall include the following features: PM - 4 of 5 27 HN CORP. / HOLZi"CHER. McLENDON d MURRELL. P.C. OONSUMNO 04MMUM ANO 04"RONMWTAL 9000W" THERMOPLASTIC PAVEMENT MARKINGS - CONT' D. The applicator shall provide agitation for the material prior to its actual installation; the applicator shall provide means of maintaining the material at its proper application temperature(not lower than 360OF nor above 4200F) ; the applicator shall *be equipped with an extrusionshoe (die) that shall maintain uniformity of speci- fied width, and thickness of not less than 3/16-inch of generally. uniform cross-section. The shoe(s) or die(s) shall be made available to the Engineer for inspection prior to the start of work; the appli- cator shall provide a means of cleanly cutting off the ends of each length; the applicator shall be capable of providing lines of vari- able widths from 4-inches to 12-inches by use of interchangeable parts ; the applicator shall be easily maneuverable and so constructed -as to permit application of curved lines ; the applicator shall be provided with a bead dispenser cipable of uniformly dispensing reflective glass spheres (topdressing) at controlled rates of flow. The bead dispenser shall. be automatically operated in such a manner that it will only dispense beads while the material is being applied. The beads shall be dispensed at a rate of not less than one pound per 16-square feet of material. Equivalent to 1 pound per 48 L.F. of 4-inch line. The ap- plicators shall be equipped and constructed in such a manner so as to satisfy the requirements of the National Board of Fire Underwriters and the appropriate agencies of the State of New York. In addition, a truck mounted mobile applicator may be used for the installation of s longitudinal lines. This pavement marking machine shall combine the specifications of the above described kettle and applicator in one self- contained unit. 12.4 - BASIS OF PAYMENT Payment shall be made under Item 12 at the price bid for the actual number of linear feet of four-inch-wide pavement marking material measured along the center of the surface stripe. No payment will be made for the number of linear feet of space in the dashed line. Payment for markings wider than four inches will be made at contract price per foot of the four-inch line multiplied by the actual width in inches divided by four. Payment for arrows shall be made as equivalent to 50 feet of four-inch line per arrow. This item will be paid for at the contract unit price per linear foot of four-inch-wide pavement marking. The unit price bid shall include full compensation for furnishing all material, equipment, labor, and incidentals necessary to satisfactorily complete the work. All material includes topdressing beads. J 28 PM - 5 of 5 HOLZMACHER, MCLENDON&MURRELL,P.C. cor�xtwa cMo�ee�a.[ w�iu�a[�tan.,eruMwc�s ADDITIONAL EXCAVATION AND BACKFILL ITEM 14 14.1 - SCOPE The work includes the furnishing of all labor, materials, equip- ment and appliances necessary to perform, stockpile and dispose of additional excavation, furnish and place additional selective backfill, perform and dispose of rock excavation in accordance with the speci- fications as ordered by and to the approval of the Engineer. 14. 2 - STOCKPILING OF SURPLUS MATERIALS The Contractor shall stockpile all materials that are excess. from excavations that are suitable for reuse under this section of the specifications. The excess materials from excavations shall be stock- piled on property provided by and at the expense of the Contractor. When ordered by the Engineer to provide backfill, the Contractor shall utilize all of the material stockpiled prior to furnishing "addi- tional backfill", for which separate payment will be made. At the completion of construction, all excess materials stock- piled will become the property and responsibility of the Contractor. j There shall be no payment for maintenance of the stockpile herein described nor shall there by payment for rehandling any materials in the stockpile to incorporate it into the work. Payment shall be made only for the additional excavation required, if any, to remove unsuit- able materials from beneath normal, excavation lines. 14. 3 - DESCRIPTION 14. 3.1 - Additional, Backfill. - Shall consist of crushed stone or bank run sand and gravel, free from organic or other unsuitable material, and of approved size, grade and quality for use as indicated on the plans where directed by the Engineer. Prior to use, the Contractor shall submit for Engineer's approval, a sieve analysis of the special backfill. The material shall be of such size that not more than 70 percent by weight shall pass the No. 40 mesh sieve and not more than. 15 percent by weight shall pass the No. 200 mesh sieve. 14. 3.2 - Additional Excavation „ Shall consist of the removal and disposal of any unsuitable foundation material encountered during any pavement construction. Suitability of various materials as a foundation material will. be decided by the Engineer. 6 2 AE&B 1 of 3 29 HOLZMACHER, McLENDON 6 MURRELL,P.C. (gMWLTI/q EMOINEEIIE.lNVNIOTMIEMTK EGEMTMTf.n!//1NMEp ADDITIONAL EXCAVATION AND BACKFILL (CONT'D. ) 14. 3. 3 - Rock Excavation - Shall be classified as boulders, hard and solid ledge rock and other similar materials of more than one-half cubic yard (h c.y. ) volume. 14. 4 - PLACING ADDITIONAL BACKFILL Additional backfill shall be spread in layers not exceeding 6-inches in thickness and shall be thoroughly compacted to prevent settlement. Any settlement in the finished work shall be made good by the Contractor at his own cost and expense. 14.5 - BASIS OF PAYMENT Payment will be made at the unit price bid under Item 14A for the actual number of cubic yards of Additional Backfill as explained in Section 14.3. 1, for additional selective backfill as ordered by the Engi- neer that is not already stockpiled by the Contractor for work ordered by the Engineer outside the prescribed limits as detailed on the plans or indicated in the specifications. No measurement and payment will be made for additional backfill used in unauthorized areas. The price bid per cubic yard for additional backfill shall include necessary ex- cavation and disposal and shall cover the cost of all materials and expenses incidental to the furnishing, placing and compacting the addi- tional backfill in the completed work, in accordance with the specifica- tions, or the Engineer' s directions. Bids on Item 14A shall, not be less than $2.00 nor more than $10.00 per cubic yard. Payment will be made under Item 14B at the unit price bid per cubic yard for additional excavation for the actual number of cubic yards removed below subgrade. Additional excavation shall be performed only when authorized by the Engineer. Bids on Item 14B shall not be less than $2.00 nor more than $10.00 per cubic yard. Payment for rock excavation will be made at the unit price bid for Item 14C and shall, be for the actual number of .cubic yards of ledge .rock or boulders that must be removed in order to provide the proper subbase for pavement construction. In the excavation for pavement construction, the unit price to be paid for the rock excavation shall be the additional cost per cubic yard for rock excavation. No payment shall be made nor shall measurement be made by any rock or boulder removed which did not exceed one-half cubic yard c.y. ) 6 in volume. 2 AE&B - 2 of 3 30 HOLZMACHER, MCLENDON&MURRELL,P.C. C4DN"TM0 ENOMEEM.EMVNgMMEMTAL EpEMTN U MN TIANNEM ADDITIONAL EXCAVATION AND BACKFILL (CONT'D. ) Bids on Item 14C shall not be less than $3. 00 nor more than $50. 00 per cubic yard. Payment under these Items shall include furnishing all labor, mate- rial, equipment and incidentals necessary to perform additional excava- tion, furnish and place additional backfill and perform rock excavation. J 6 2 AE&B - 3 of 3 31 HOLZMACHER. McLENDON 6 MURRELL. P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS ASPHALT CONCRETE TRUING AND LEVELING COURSE h ITEM 51-TL 51. 1 SCOPE Under this Item the Contractor shall furnish and place a truing- up or leveling course over the existing pavement surface in accordance with the provisions of Item 51-TL of the SUFFOLK COUNTY PUBLIC WORKS SPECIFICATIONS OF NOVEMBER 1, 1968" , as amended. 51.2 BASIS OF PAYMENT The unit price bid per ton for this Item shall include the cost of furnishing all materials, labor and equipment necessary to construct the truing and leveling course, as required by the Plans and as ordered by the Engineer. s 1 0 1 32 ACTL - 1 of 1 HOLZMACHER, McLENDON 6 MURRELL, P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS ASPHALT CONCRETE, TYPE lA (TOP COURSE) L ITEM 51-FZ 1.0 - SCOPE Under this Item the Contractor shall furnish and place a one- course layer of top mix to the required thickness as shown on the plans, in accordance with the provisions of Item 51-FZ of the "SUFFOLK COUNTY PUBLIC WORKS SPECIFICATIONS OF NOVEMBER 1, 1968", as amended. 1. 1 - BASIS OF PAYMENT The unit price bid per ton for this Item shall include the costs for all labor, equipment and materials necessary to construct the top course as required by the Plans and these Specifications. Included in the unit price bid for this Item shall be the cost to construct all re- quired "V" grooves and the cost to thoroughly sweep clean the existing roadway surface prior to any paving operations. S f r �1 0 1 33 ACTC - 1 of 1 HOLZMACHER, McLENDON &MURRELL. P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS INDEMNITY, LIMITATION OF LIABILITY 1 . INDEMNITY The Contractor and all sub-contractors performing work in connection with this contract shall HOLD - HARMLESS, INDEMNIFY and defend the OWNER and ENGINEER, their consultants, and each of their officers, agents and employees from any liability, claims, losses or damage including reason- able costs of defense arising out of or alleged to arise! from the Con- tractor' s or sub-contractor' s negligence in the performance of the work described in the Contract documents, but not including liability that may be due to the sole negligence of the OWNER, ENGINEER or their officers, agents and employees. 4 2 . LIMITATION OF LIABILITY w The Contractor and all sub-contractors agree to limit the liability of the OWNER and ENGINEER due to the Engineer' s professional negligent errors or omissions such that the total aggregate liability of the engineer to those named shall not exceed fifty thousand ($50,000 . ) dollars, or 5% of the contract award amount, whichever is greater. 1 0 0 ILL 1 of 1 "UL4 MAUILH. MCItr'4kAJ 1 d FAUr%n1L&a1 "" I "'Lm wi%r. CONSULTING ENGINEER& AND ENVIRONMENTAL 6CIENTIM CONTRACT CONTRACT IN QUADRUPLICATE FOR AT TOWN OF SOUTHOLD, SUFFOLK COUNTY , NEW YORK , dated , 19 , BY AND BETWEEN THE TOWN BOARD OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY , NEW YORK , (herein called the "Town, " and (herein called the "Contractor" ) . WITNESSETH , that the Town and the Contractor, in consideration of the premises and of the mutual covenants , considerations and agreements herein contained , agree as follows: This Contract is hereby awarded to the Contractor for the work and material called for under his bid in the Proposal section of the Contract and designated as Items: and if required by the Consulting Engineer, Items: < for the sum of: r Dollars for the unit and/or lump-sum price(s) as listed in the Proposal herein. C-1 HOLZMACHER. MCLENDON & MURRELL. P.C. / H2M CORP. CONSULTING ENGINEERf AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT' D. 1 . CONTRACT DOCUMENTS AND DEFINITIONS The Notice to Bidders, Information for Bidders, Proposal , General Conditions, Contract, Specifications and Plans, together with any Addenda , shall form part of this Contract , and the pro- visions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. The titles, headings, head- lines 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 Docu- ments" is used, it shall mean and include this Contract , the Plans, Specifications, any Addenda, and the Notice to Bidders, Information for Bidders, General Conditions and Proposal. In case of any con- flict or inconsistency between the provisions of the Contract and those of the Specifications, the provisions of the Contract shall govern. WORK: The ' term "Work" , as used herein, refers to 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 completed project , and includes all plant , labor„ materials, supplies, equipment and other facilities and acts necessary or proper for or incidental to the carrying out and completion of the terms of this Contract . The term "work performed" shall be construed to include material delivered to and suitably stored at the site of the project. EXTRA WORK: The term= "Extra Work" , as used herein, refers to and includes all work required by the Town which, in the judgment of the Engineer , involves changes in or additions to work required by the Plans, Specifications and any Addenda in their present form. SUBCONTRACTOR: The term "Subcontractor" , as used herein, shall mean any person, firm or corporation applying labor and material for work at the site of the project , but not; including the parties to this Contract. ENGINEER: In the performance of the work, the Town shall be represented by its Consulting Engineer HOLZMACHER, McLENDON & z MURRELL, P.C. , (herein called the "Engineer") . C-2 HOLZMACHER. MCLENDON 6 MURRELL. P.C. / H2M CORP. CONSULTING MINEERS ANO ENVIRONMENTAL BCIENTIM CONTRACT - CONV U. 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 the last known business address of , the person, firm or corporation for whom intended or to his, their, or its duly authorized agents, representatives or officers, or when enclosed in a postage prepaid wrapper or enve- lope addressed to such person, firm or corporation at his, their, or its last known business address and deposited in a United States Mail Box. DIRECTED, RE!QUIRED, 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, designa- tion or prescription of the Engineer, and "approved", "satisfied" , or "satisfactory" , "in the judgment of" , and words of like import , shall mean approved or acceptable to, or satisfactory to, in the judgment of the Engineer. 2. SCOPE OF THE WORK The Contractor will furnish all plant , labor , material , 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 the Contract . 3. COMPENSATION TO BE PAID TO THE CONTRACTOR (a) Agreed Prices : It is understood and agreed that the Con- tractor 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 reason of variations from the estimated quantities set forth in the Proposal. (b) Extra Work and/or Changes : The Town 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 fox, any extra work, as so ordered, shall be determined as follows : C-3 HOLZMACHER. McLENOON & MURRELL. P.C. / H2M CORP. CONSUMNO ENGINEER! ANO ENVIRONMENTAL SCIENT M CONTRACT - CONT'D. (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 prices or by a lump sum mutually agreed upon by the Town and the Con- tractor, or (3) If no such unit prices are 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, or 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 percent (20%) as full compensation for all other items of profit, costs and expenses, including administration, overhead, superintendence, insurance, insurance other than Workmen 's Compen- sation Insurance, material used in temporary structures, allowances made by the Contractor to subcontractors, additional premiums upon the Performance Bond of the Contractor and the use of small tools. 4. TIME OF ESSENCE Inasmuch as the provisions of this Contract relating to the time for 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 pro- visions are of the essence of this Contract. 5. COMMENCEMENT OF WORK The Contractor agrees that he will commence work within ten {10) consecutive calendar days after signing this Contract, and that the day tie commences work shall constitute the first of the consecutive calendar days allowed for completion of the work. C-4 HOLZMACHER, MCLEND©N d MURR" P.C. / H2M CORP. CONSULTING ENGINEEAS AND ENVIMNMENTAL SCIENTISTS CONTRACT - CONT'D. 6. TIME FOR COMPLETION The time for completion of this Contract shall be within the number of calendar days stated in the Bid Proposal and the date of such compl6tion shall be the date of the certificate of com- pletion hereinafter specified. The Town reserves the right to order the Contractor to suspend operations when, in the opinion of the Engineer, impro- per weather conditions make such action advisable, and to order the Contractor to resume operations when weather and ground con- ditions permit. The days during which such suspension of work is in force are not chargeable against the specified completion time. 7. LIQUIDATED DAMAGES FOR DELAY The time limit being essential to and of the essence of this Contract , the Contractor hereby agrees that the Town 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 two hundred and fifty dollars ($250.00) per day 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 Town 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, provided, however, that the Town 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 completign of his 4 work by reason df unforeseeable causes beyond his control and with- 2 out his fault, or negligence, including but not restricted to Acts ,of God or of any public enemy, acts or neglect of the Townt acts or neglect of any other Contractor, fires, floods, epidemics, quarantine restrictions, strikes, riots, civil commotion 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 Town. No such extension of time shall be considered a waiver by the Town of its right to terminate the Contract for abandonffivnt or delay by the Contractor as hereinafter provided or relieve the Contractor from full responsibility for performance Of his obliga- tions hereunder. C-5 RT HOLZMACHER, MCLENDON & MURRELL. P.C. / H2M CORP. CONSULTING ENOINMA ANO ENVIRONMENTAL WENTIfTS CONTRACT - CONT' 1). 9. CONTRACT SECURITY (a) The Contractor shall furnish a Performance Bond in an amount equal to one hundred percent ( 100`;b) of the total contract price as security for the faithful performance of this contract , and for the payment of all persons performing labor or furnishing mater- ials in connection with this Contract . (b) Additional or Substitute Bond : If, at any time, the Town shall be or become dissatisfied with any surety or sureties , then upon the Performance Bond, or if , for any other reason , such bond shall cease to be adequate security to the Town , the Contractor shall , within five (5) days after notice from the Town , substitute an acceptable bond in such form and sum, and signed by such other surety as may be satisfactory to the Town. The premiums on such bonds shall be paid by the Contractor. No further payments shall be deemed due , nor shall be made until the new surety shall have been qualified. (c) Prior to release of the Performance Bond , the Contractor shall deliver * to the Town a Maintenance Bond equal to one hundred percent (100%) of the total Contract price , including all extras. This Maintenance Bond shall remain in full force and effect for a period of one (1 ) year after the date of the final certificate and such bond, which shall be executed by the Contractor and issued by a reliable, solvent surety company authorized to do business inthe State of New York shall guarantee to the Town that the Contractor shall promptly remedy any defects or faults that may occur within twelve (12) months after completion and acceptance of the work performed by the Contractor pursuant to this Contract. 10. CONTRACTOR'S INSURANCE The Contractor shall not commence any work until he has obtained and had approved by the Town all of the insurance required under this Contract , as enumerated herein : Compensation Insurance Public Liability and Property Damage Insurance Contractor's Protective Liability and Property Damage Insurance Owner's (Town of Southold) and Engineer ' s Pro- tective Public Liability and Property Damage Insurance Automobile Public Liability and Property Damage Insurance C-6 HOLZMACHER, MCLENDON & MURRELL. P.C. / H2M CORP. CONlULTING ENOINUAS AND ENVIRONMENTAL BCIENTIST3 CONTRACT - CON'r' D. The Contractor shall not permit any subcontractor to commence any operation on the site until satisfactory proof of carriage of the above required insurance has been posted with, and approved by, the Town. (a) Compensation Insurance: The Contractor shall take out and maintain, during the life of this Contract , Workmen's Compensation Insurance for all of his employees employed at the site of the pro- ject , and in any case of any of the work being sublet, the Contractor shall require the subcontractor similarly to provide Workmen' s Com- pensation Insurance for all of the latter's employees, unless such employees are covered by the protection afforded by the Contractor. (b) Public Liability and Property Damage Insurance: The Con- tractor shall take out and maintain during the life of this Contract such Public Liability and Property Damage Insurance as shall pro- tect him and any subcontractor performing work covered by this Contract for 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 , whether such opera- tions be by himself or by any subcontractor, or by anyone directly or indirectly employed by either of them, and the amounts of such insurance shall be as follows : Public Liability Insurance in the amount not less than Five Hundred Thousand Dollars ($500,000. ) for bodily injuries, including wrongful death to any one person, and subject to the same limit for each person in an amount not less than One Million Dollars ($1,000,000. ) on account °of one accident. Property Damage Insurance in an amount not less than One Hundred Thousand Dollars ($500,000. ) for damages on account of any one accident and in an amount of not less than Two Hundred Thousand Dollars ($1 ,000,000 . ) for damages on account of all accidents. (c) Liability and Property Damage Insurance : The above policies for public liability and property damage insurance must be so written as to include Contractor ' s Protective Liability and », Property Damage Insurance to protect the Contractor against claims arising from the operations of any subcontractor. C-7 HOLZMACHER, MCLENDON & MURRELL, P.C. / H2M CORP. CONSULTING ENGINEER& AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT' D. (d) Owner's and/or Engineers Protective Public Liability and Property Damage Insurance: (Town and/or Town Board,, Town of Southold and/or Holzmacher, McLendon & Murrell, P.C. ) The Con- tractor shall furnish to the Town with respect to the operations he or any of his subcontractors perform, a regular Protective Public Liability Insurance Policy for and in behalf of the Town and/or Town Board, Town of Southold and/or Holzmacher, McLendon & Murrell, P.C. , providing for a limit of not less than $500,000. for all damages arising out of bodily injuries to, or death of one person and subject to that limit for each person, a total limit of $1,000,000. for all damages arising out of bodily inju- ries to, or death of, two or more persons in any one accident ; and regular Protective Property Damage Insurance providing for a limit of not less than $500,000. for all damages arising out of injury to, or destruction of, property in any one accident and subject to that limit per accident a total (or aggregate) limit of $1 ,000,000 . for all damages arising out of injury, to, or des- truction of property during the policy period. The insurance must fully cover the legal liability of the Town and/or Town Board, Town of Southold as owner and/or Holzmacher , McLendon & Murrell, P.C. The coverage provided under this policy must not be affected if the Town and/or Engineer performs work in connection with the project either for , or in cooperation with, the Contractor or as an aid there- to, whether the same be a part of the Contract or separate there- from, by means of its own employees or agents, or if' the Town and/or Engineer directs or supervises the work to be performed by the Contractor. (e) Automobile Public Liability and Property Damage Insurance: The Contractor shall take'-out and -maintain during the life of the Contract such automobile public liability and property damage insurance as shall protect him and any subcontractor, performing work covered by this contract 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 Con- tract , whether such operations be by himself or by any subcontractor, or by anyone directly or indirectly employed by either of them and the amounts of such insurance shall be as follows : C-8 HOLZMACHER. MCLENDON 6 MURREU.. P.C. / H2M CORP. CON3ULTINO 040INEER• AND ENVIRONMENTAL SCIENTIM CONTRACT - CONT'D. Automobile Public Liability Insurance in an amount not less than Five hundred Thousand Dollars ($500,000. ) for bodily injuries, including wrongful death by any one person, and subject to the same limit for each person in an amount not less than One Million Dollars ($1,0001000. ) on account of one accident. Automobile Property Damage Insurance in an amount of not less than One Hundred Thousand Dollars ($100, 000. ) for damages on account of any one accident and in an amount of not less than Two Hundred Thousand Dollars ($200,000. ) for damages on account of all accidents. 11 . PROOF OF CARRIAGE OF INSURANCE The Contractor shall furnish the Town with certificates of each insurer insuring the Contractor or any subcontractor under this Contract , except with respect to subdivision (d) of Paragraph 10. In respect to this paragraph, the Contractor shall furnish the Town with the original insurance policy and a copy to the Engineer. Both certificates, as furnished, and the insurance policy, as required, shall bear the policy numbers, the expiration date of the policy and the limit or limits of liability thereunder. Both the certificates and the policy shall be further endorsed to provide the Town and Engineer with any notice of cancellation at least five (5) days prior to the actual date of such cancellation. F Y C-9 HOLZMACHER, MGLENOON 6 MURRELL. P.C. / H2M CORP. CONSULTING ENGINMS AND ENVINONMUML SCIENTIM CONTRACT - CONV D. 12. COMPLIANCE WITH LABOR AND PENAL 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 Laws, as amended, provide 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 con- templated by this Contract , shall be permitted or required to work more than eight (8) hours in any one 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, except in such emergency; that the wages to be paid for a legal day's work as hereinbefore defined, to laborers, workmen, or mechanics upon the work called for under this Con- tract , or for any materials 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 outside the limits of cities and villages are no longer exempt from the pro- visions of the Labor Law which required the payment of the pre- vailing rate of wages and the eight (8) hour day. Section 222 of the Labor Law, as amended by Chapters 556 and 557 of the Laws Of 1933, provides that preference in employ- ment shall be given to citizens o-f 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 satis- factory 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 Ind-ustrial Commissioner, the Con- tractor 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 (30) days nor more than ninety (90) days, or both fine and imprisonment. C-10 H=MACHER, MGLENDON 6 MURRELL. P.C. / H2M CORP. CONaULnNQ ENQINEEA• AND ENVIRONMENTAL SCIUMSTS CONTRACT - CONT' D. Section 220A of the Labor Law, as amended by Chapter 472 of the Laws of 1932, provides that before payment is made by or on behalf of the State or 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 sub- contractor to file a certified statement in writing, in satis- factory 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 Contract , 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 payment to any Contractor or subcontractor to the extent of the amount or 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 other reason, it may be deemed. advisable, the Comptroller of the State or other financial officer of the Municipal Corporation may deduct from the whole amount of any payment on account thereof the sum or sums admitted. by any Contractor or subcontractor in such statement or statements so filed to be due and owing by him on account of labor per- formed 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 v4rified statements filed by any Con- tractor or subcontractor and may pay directly to any person the amount or amounts solshown 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, recon- struction, maintenance and/or repair of highways to which the State, County, Town and/or Village is a party shall contain the provision stating the minimum rate of hourly wage that can be 6 paid, as shall be designated by the Industrial Commissioner, ' 2 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 C-11 HOLZMACHER, McLENDON d MURRELL, P.C. / H2M CORP. CONSULTING ENOINEEAS AND ENVIRONMENTAL OC1ENTIS" CONTRACT - CONT'D. after entering into such contract less than such stipulated y 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 by both 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 or nor shall alny 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 Com- missioner, State of New York, for this Contract , are as set forth in the Information for Bidders. Section 1918 of the Penal Law, as amended, provides that no person shall discharge explosives in the ground, nor shall i 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 of 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 person, corporation or municipality conveying combustible gas, and if 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 disharge explosives to protect a person or persons from an immediate and substantial danger of death or serious personal in- jury if such notices are given before any such discharge is under- taken. Any such work shall be performed in such manner as to avoid damage to pipe conveying combustible gas. Any violation r of the provisions of this Section shall be a misdemeanor. C-12 HOIZMACHER, MGLENDON & MURRELL. P.C. / H2M CORP. CON3ULTINO ENGINEERS AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT' I). r 13. (QUALIFICATIONS FOR EMPLOYMENT No person under the age of sixteen ( 16) years , and no person currently serving sentence in a penal or correctional institution shall be employed to perform any work on the project under this Contract . No person whose age or physical condition is such as to make his employment dangerous to his health or safety , or the health and safety of others, shall be employed to perform any work on this project ; provided , however, that such restriction shall not operate against the employment of physically handi- capped persons, otherwise employable, where each person may be safely assigned to work which they can ably perform. 14 . NON-DISCRIMINATION There shall be no discrimination because of race, creed or color in the employment of persons for work under this Contract , whether performed by the Contractor or any subcontractor. Neither shall the Contractor or any subcontractor discriminate in any manner against or intimidate any employee hired for the perform- ance of work under this Contract on account of race, creed or color. There may be deducted from the amount payable to the Con- tractor by the Town 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 Con- tract may be canceled or terminated by the Town and all monies due or to become due hereunder may be forfeited. 1.5. PAYMENT OF EMPLOYEES The Contractor and each of his subcontractors shall pay each of his employees engaged in work on this project tinder this ♦ Contract in full ( less deductions made mandatory by law) in cash and not less often than once each week. C-13 HOLZMACHER, McLENDON&MURRELL,P.C. C0WMTW0 ENWNlHM.&WM P"WrAL/pENMIt NN/IANNEM CONTRACT - CONT'D. 16. ESTIMATES AND PAYMENTS (a) Monthly: At the end of each calendar month during the progress of the work, the Engineer shall make up an approximate estimate of the work done and the materials furnished, based upon the prices set forth in the Proposal. In consideration of the work done and the materials furnished, the Town will pay or cause to be paid to the Contractor the amount estimated by the Engineer as due him less a sum. equal to five percent (5%) of such amount and less such additional amount as may be necessary to satisfy any claims, liens or judgments against the Contractor which have not been suitably discharged. The making of any such estimate or payment made thereon shall not be taken or construed as an acceptance by the Engineer or the Town of any work so estimated and paid for. The amount of the monthly estimate remaining unpaid will be retained by the Town as a guarantee that the Contractor will faithfully and completely fulfill all obligations imposed by the Contract and Specifications, and against any damages incurred by the Town by reason of any failure on the part of the Contractor to fulfill all conditions and obligations herein contained. All partial payments are subject to correction in any subse- quent payment. The retained amounts shall be paid as set forth in 16b. The Contractor shall receive payment within ten (10) days after the Town receives payment from the New York State Department of Transportation. (b) Final Certificate: Thirty (30) days after the Contractor shall have substantially completed the work required of it under the Contract, the Engineer will prepare a final certificate of the remaining amount of the Contract balance less a sum equal to two (2) times the value of any remaining items to be completed and less an amount necessary to satisfy any claims, liens or .judgments against the items of work are satisfactorily completed or corrected, the Town shall promptly pay, upon receipt of a requisition for these items less an amount necessary to satisfy any claims, liens or judgments against the Contractor which have not been suitably discharged. Any claims, liens and judgments referred to in this section shall pertain to the project and shall be filed in accordance with the terms of the applicable Contract and/or applicable laws. The Contractor shall receive payment within ten (10) days after the Town receives payment from the New York State Department of Transpor- tation. (c) In order to secure the performance of the convenant of the Contractor, prior to release of the Performance Bond, the Contractor shall deliver to the Town a Maintenance Bond equal to one hundred percent (100%) r, of the total Contract price, including all extras. This Maintenance Bond shall remain in full force and effect for a period of one (1) year after the date of the final certificate and such bond, which shall be executed by the Contractor and issued by a reliable, solvent surety company authorized to do business in the State of New York shall guarantee to the 8 Town that the Contractor shall promptly remedy any defects or faults that 2 may occur within twelve (12) months after completion and acceptance of the work performed by the Contractor pursuant to this Contract. C-14 HOLZMACHER, MGLENDON 6 MURRELL. P.C. / H2M CORP. CON3ULTINa ENGINEERS AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT' D. (d) Measurements for Payment : The Engineer shall make due measurement of the work done during the progress of the work and his estimate shall be final and conclusive evidence of the amounts of work performed by the Contractor under, and by virtue of , this agreement , and shall be taken as the full measure of compensation to be received by the Contractor. When requested by the Contractor, the Engineer shall measure , re-measure or re-estimate any portion of the work ; but the expense of such re-measurement or re-estimating shall , unless material error be proved , be paid for by the Contractor. 17. 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 Town from all claims and all liabilities to the Contractor for all things done or furnished in connection with this work and for every act and neglect of the Town and other relating to, or arising out of , this work, excepting the Contractor ' s claims for interest upon the final payment , if this payments be improperly delayed. No payment , however, final or otherwise, shall operate to release the Contractor or his sureties from any obligations under this Contract or the Performance Bond. 18. CONSTRUCTION REPORTS The Contractor shall submit to the Engineer prior to the commencing of any work under this Contract a detailed schedule and plan of operation, indicating the manner in which the Contractor proposes to prosecute the work, and a time schedule therefore. 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 Contractor shall furnish the Engineer with periodic esti- mates for -partial payments as required elsewhere in the Contract documents and, in addition thereto, will furnish the Engineer with a detailed estimate for final payment . Prior to being eligible to ti receive 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 other than the Town as may be required by such existing laws or regulations . C-15 HOLZMACHER, MCLENDON & MURR" P.C. / H2M CORP. CONSULTING ENGINEEA• AND ENVIRONMENTAL SCIENTIM CON'T'RACT - CONT' D. 19. INSPECTION AND TESTS All material and workmanship shall be subject; to inspection, examination and test by the Engineer and other representatives of the Town at any time during the construction and at any and all places where manufacturing of materials used and/or construct- tion is carried on. Without additional charge, the Contractor shall furnish promptly all reasonable facilities, labor and materials neces- sary to make tests so required safe and convenient . I:F, at any time, before final acceptance of the entire work, the Engineer considers necessary or advisable an examin- ation 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 a approval or consent. of the Engineer, whether or not the same shall be defective, the Contractor shall be liable for the expenses of or 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 examin- ation and reconstruction in the manner herein provided for the payment of costs of extra work. The selection of laboratories and/or agencies for the in- spection and tests of supplies, materials or equipment shall be subject to the approval of the Engineer. Satisfactory documen- tary evidence that the material has passed the required inspec- tion and test must be furnished the Engineer prior to the incor- poration of the material in the work. Any rejected work shall be removed from the site of the project completely at the expense of the Contractor. C-16 HOLZMACHER, McLENDON 6 MURRELL. P.C. / H2M CORP. CONSULTING ENGINEEA! AND ENVIRONMCHTAL SaWrit" CONTRACT - CONV D. 20. 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 on the Plans shall have the same effect as if shown or mentioned respectively in both. In case of any conflict or inconsistency between the Plans and Specifications , the Plans shall govern. Any discrepancy between the figures and specifications shall be submitted to the Engineer , whose decision therein shall be conclusive. 21. SUBSURFACE CONDITIONS FOUND DIFFERENT Should the Contractor encounter subsurface conditions at the site materially differing from those shown on the Plans or indi- cated 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 . 22. CONTRACTOR'S TITLE TO MATERIALS No material or supplies for the work shall be purchased by the Contractor or by 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. 23. SUPERINTENDENCE BY CONTRACTOR ► At the site of the work the Contractor shall employ a Con- struction Superintendent or foreman who shall have full authority to act for the Contractor. It is understood that such represen- tative 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. C-17 HOLZMACHER, McLENDON d MURRELL. P.C. / H2M CORP. COMULTINO ENOINELPS AND CNVIRONMENTAL SCIENTISTS CONTRACT - CONT' D. 24 . PROTECTION OF WORK PERSONS AND PROPERTY Precaution shall be exercised at all times fox• the proper protection of all persons , property and work. The safety pro- visions 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 Town or its Engineer to adequately safeguard the traveling public. The Contractor shall give notice to the owners of all utilities which may serve the area and request their assistance in pre- determining the location and depth of the various pipes , conducts , manholes and other underground facilities . 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 Town or its duly authorized representatives . The Contractor shall provide and maintain such watchmen, barriers , lights , flares and other signals, at his own expense, as will effectively prevent any accident in consequence of his work for which the Town might be liable. The Contractor shall be liable for all injury or damage caused by his act or neglect, or that of his employees. 25. PATENT RIGHTS As part of his obligation hereunder and without any ad- ditional 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 Town for any loss on account of any infringement of any patent rights , unless prior to his use in the work of a particular process or a product of a particular manufacturer, he notifies the Town in writing that such process or product is an infringement of a patent. C-18 U2AHOLZMACHER. McLENDON a MURRELL,P.C. CgNriULTINO ENNNEEIM.ENVIN)WENTAL WANT16TE-d KANNENS CONTRACT - CONT'D 28. SURVEYS The Engineer will furnish the Contractor with the benchmarks necessary to complete the work. All further layout of lines and grades will be the responsibility of the Contractor.. 29. CHANGES AND A.bTERATIONS The Town reserves the right to make alterations in the location, line, grade, plans, form or dimensions of the workf or any part thereof, either before or after the commencement of the 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. J# 30. CORRECTION OF WORK All work and all materials, whether incorporated into the work or not, all processes of manufacture and all methods of con- struction shall be, at all times and places, subject to the in- spection 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. Rejected materials shall im- mediately be removed from the site. 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 I. as, in the judgment of the Engineer, shall be equitable. The Contractor expressly warrants that his work shall be 6 free from any defects in materials or workmanship, and agrees 2 to correct any defects, settlements, or shrinkages which may appear within one year following the date of the final certi- ficate. Neither the acceptance of the completed work nor SOHT C-20 81-01 HOLZMACHER. McLENDON & MURRELL. P.C. / H2M CORP,. CON3ULTINO ENGINEERS AND ENVIRONMENTAL SCIENTIST3 r CONTRACT - COMP'D. payment therefor shall operate to release the Contractor or his ! sureties from any ol)ligations under or upon this Contract or the Performance Bond. 31. WEATHER CONDITIONS In the event of temporary suspension of the 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 materials shall have been damaged or injured by reason of the failure on the part of the Contractor or any of his subcontractors to protect his , or their work, such work and materials shall be removed and replaced at the expense of the Contractor. 32. THE TOWN' S RIGHT TO WITHHOLD PAYMENTS The Town may withhold from the Contractor so much of any approved payments due him as may , in the judgment of the Town, 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 .Town from loss. due to defec- tive work not remedied, or (c) To protect the Town from loss due to injury to persons or damage to the work or property of other contractors or subcontractors or others , caused by tle act or neglect of the Contractor or any of his subcontractors . The Town shall have the right, as agent for the Contractor, to apply any such amounts so withheld in such manner as the Town may deem IL proper to satisfy such claims or to secure such protection. Such application of such �► money shall be deemed payments for the account of the Contractor. C-21 NOLZMACNER. McLENDON 6 MURRELL. P.C. / N2M CORP. CONlULTING ENGINEER! ANO ENVIRONMENTAL DCIENTIT" CONTRACT - CONT' D. 33. THE TOWN 'S R T 6111' TO STOP WORK OR TERM I NATE CONTRACT : I r, (a) The Contractor shall. be adjudged bankrupt or make an assignment for the benefit of creditors , or (b) A receiver or liquidator shall be appointed for the Contractor for any of his property and shall not be dismissed within 20 days after such appointment , or the proceedings in connection therewith shall not be stayed on appeal within the said 20 days , or (c) The Contractor shall refuse or fail , after notice or warning from the Engineer , to supply enough properly skilled workmen or proper materials, or (d) The Contractor shall refuse or fail to prosecute the work or any part thereof with such diligence as will insure its completion within the period herein specified (or any duly authorized extension thereof) or shall fail to complete the work within said period , or r (e) The Contractor shall. fail to make prompt payment 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 provision of this Contract, then, and in any such event , the Town, without prejudice to any other rights or remedy it may have, may by seven (7) days notice to the Contractor, terminate the employ- ment of the Contractor and his rights to proceed either as to the entire work or (at the option of the Town) 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 Town may deem expedient . In such case, the Contractor shall 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 r Contractor. C-22 nkA.A.M^%.flLn, MVLLjj~4 Cr mut%mLAA, P.L.. / rum LAMr. CONlULTIND ENGINEERS ANO ENVIRONMENTAL SCIENTIM CON'T'RACT - CUNT'D. If such expense shall exceed the unpaid balance, the Contractor r and his sureties shall be liable to the Town for suc:l► excess . If the right of the Contractor to proceed with the work is so terminated, the Town 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 Town does not so terminate the right of the Contractor to proceed, the Contractor shall continue the work. 34 . CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT If the work shall be stopped by order of the Court or any other public authority, for a period of three months; without act or fault of the Contractor or of any of his agents , servants , em- ployees or subcontractors , the Contractor , may, upon ten (10) days notice to . the Town, discontinue his performance of the work and/or terminate the Contract , in which event the liability of the Town to the Contractor shall be determined as provided in the paragraphs immediately preceding, except that the Contractor shall not be obligated to pay to the Town any excess, of the expense of completing the work over the unpaid balance of the L compensation to be paid to the Contractor hereunder. 35. RESPONSIBILITY OF WORK The Contractor agrees to be responsible for the entire work embraced in this Contract until its completion and final acceptance, and that any unfaithful or imperfect work that may become damaged from any cause, either by act of commission or omission to properly guard and protect the work that: may be dis- covered at any time before. the completion and acceptance shall be removed and replaced by good and satisfactory work without any charge to the Town 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 t work shall not relieve him of any obligation to do sound and reliable work as herein prescribed, and that any omission to disapprove of any work by the Engineer at or before the time of a partial payment -or other estimate shall not be construed to be an acceptance of any defective work. C-23 HOLZMACHER. McLENDON d MURRELL. P.C. / H2M CORP. CONSULTING ENGINEERS ANO ENVIRONMENTAL SCIENTISTS CONTRACT - CONT" D. a 36. USES OF PREMISES AND REMOVAL OF DEBRIS • The Contractor expressly undertakes at his own expense: (a) to take every precaution against injury to persons or damages to property ; (b) to store his apparatus , materials , supplies and equip- ment 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 ; or other contractors ; (c) to place upon any of the completed work only such super- imposed loads as are consistent with the safety of that portion of the work ; (d) 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 and orderly and workmanlike appearance ; i (e) before final certificate, to remove all surplus material, temporary structures , plants of any description and debris of any and every nature resulting from his operations and to put the site in a neat and orderly condition . 37. POWER OF THE CONTRACTOR TO ACT IN AN EMERGENCY In case of an emergency which threatens loss or injury to property and/or safety to life, the Contractor will be permitted to act as he sees fit without previous instructions from the En- gineer. He shall notify the Engineer thereof immediately there- after 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 in- structed 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. C-24 MULLMALMN, MCLL14LK)N 6 MUNNLL.L, F.C. / H1M 1:111(1'. CON3ULTINO ENOINEEAI AND ENVIRONMUITAL BCIENTIS" CONTRACT - CONT' 1). a 38. SUITS AT LAW The Contractor shall indemnify and save Harmless the Town from and against all suits , claims , demands or actions for any injury sustained or alleged to be sustained by any party or parties in connection with the construction of the work or any part thereof , or any commission or omission of the Contractor , his employees or agents or any subcontractors and in case any such action shall be brought against the Town, the Contractor shall immediately take care of and defend the same at his own cost and expense. 39. 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 be read and 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 forthwith be physically amended to make such insertion. r 40. 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 obtain- ing the written consent of the Town. This Contract shall endure to the benefit of and shall be binding upon the parties hereunder and upon their respective successors and assigns , but neither party shall assign or transfer his interest herein in whole or in part without consent of the other. 41. WAIVER OF IMMUNITY If any person, corporation, or body contracting with the Town, who when called before a grand jury , head of a city department , or other agency, which is empowered to compel the attendance of wit- ness and examine them under oath, to testify in an investigation concerning any transaction or contract had with the state, any polit- ical subdivision thereof , a public authority or with any public department , agency or official of the state or of any political sub- division thereof or of a public authority, refuses to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant question concerning such transaction or contract , then C-25 CONSULTING ENGINEER• ANO ENVIRONMENTAL SCIENTISTS CON'T'RACT - CONT" 1). (a) such person, and any firm, partnership or corporation of • which he is a member, partner, director or officer shall be disqual- ified from thereafter selling to or submitting bids to or receiving awards from or entering into any contracts with any municipal corp- oration or fire district , or any public department, agency or official thereof , for goods , work or services , for a period of five years after such refusal (b) any and all contracts made with the Town or any agency or official thereof, 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 Town 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. 3 i C-26 H(XLMA(.HtN, MCLLNLK)N 6 MUNNtLL, CONSULTING ENGINEER! AND ENVIRONMENTAL SCIENTIST! CONTRACT - CONT' D. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. TOWN OF SOUTHOLD BY . (TOWN SEAL) William R. Pell III , Supervisor (SEAL) Contractor BY: TITLE: STATE OF NEW YORK ) ) ss: COUNTY OF SUFFOLK ) On the day of_ 19__, before me personally came William R. Pell III , to me known, who being by me duly sworn, did depose and say that he is the duly elected Supervisor of the Town of Southold, County of Suffolk, New York , and that at a meeting of the Town Board of the Town of Southold, duly held on the_ day of , 19 , the said Board, authorized the said Super- visor to execute all and any contracts on behalf of the Board; that he knows the seal of the said Town, that the Seal affixed to the foregoing instrument is its corporate seal ; that it was affixed thereto by order of the said Board , and that he signed his name thereto and executed the ' said instrument on behalf of the said Town by like order and authority . NOTARY PUBLIC C-27 11\/LLI\1/\VIILI•, I\I\.WI•W1• W TVI\I\t1.t, I .V. / 11�1\ WI•I CONSULTING ENOINEXAS ANO ENVIRONMENTAL SCIENTIfT7 CONTRACT - CONT'D. ACKNOWLEDGMENT OF CONTRACTOR, IF A CORPORATION STATE OF NEW YORK) ) SS: COUNTY OF ) On this day of 19_ before me personally came and appeared to me known, who by me being duly sworn, did depose and say that he resides at that he is the of the Corporation described in and which executed the foregoing in- strument , that he knows the seal of said corporation, that one of the seals affixed to said instrument is such seal , that it was so affixed by order of the Directors of said corporation, and that he signed his name thereto by like order. 1 NOTARY PUBLIC ACKNOWLEDGMENT OF CONTRACTOR, IF A PARTNERSHIP STATE OF NEW YORK) SS: COUNTY OF ) On this day of 19_ before me personally came and appeared to me known, and known to me to be one of the members of the firm of described in and who executed the foregoing instrument , and Ile acknowledged to me that he ex- ecuted the same as and for the act and deed of said form. NOTARY PUBLIC C-28 tl• i i �i �I f j i I I HOLZMACHER,MCLENDON andMURRELL,P.C. Consulting Engineers. Environmental Scientists and Planners Z*tMelville,N.Y. Farmingdale.N.Y. Weihead.N.V. RECEIVED t' U �� eZG.7/CzofV ly , SEP 091982 Town Clerk Southold TOWN OF SOUTHOLD SUFFOLK COUNTY NEW YORK CONTRACT AND SPECIFICATIONS FOR RESURFACING OF SOUND AVENUE AT THE WESTERN TOWN LIMIT PROJECT NO. SOHT 81-01 TOWN BOARD Supervisor William R. Pell III Councilmen Larry W. Murdock John J. Nickles Francis T. Murphy Joseph L. Townsend, Jr. Justice Raymond W. Edwards, Jr. SUPT. OF HIGHWAYS TOWN CLERK Raymond C. Dean Judith T. Terry SEPTEMBER 1982 HOLZMACHER,McLENDON andMURRELL,P.C. Consulting Engineers. Environmental Scientists and Planners Melville,N.Y. Farmingdale.N.Y. RNerh►ead.N.Y. s� 1 U�ju HOLZMACHER, McLENDON 3 MURRELL,P.C. �r1_- (,pNSULTINOENGINEERS.ENVIRONMENTALSOENTISTS-dKANNERS ADDENDUM NO. 1 SOHT 81-01 RECEIVED X982 t I� TOWN OF SOUTHOLD 2, G� RESURFACING OF SOUND AVENUE Town Clerk Southold AT WESTERN TOWN LIMIT September 23, 1982 The following changes have been made to the contract drawings: SHEET 20F3 At station 2+00,proposed grade at southern edge of Sound Avenue is j shown as (51. 02) . Delete 51. 02 and replace with 57. 02. SHEET 20F3 At station 6+00, existing grade at northern edge of Sound Avenue is shown as (57. 30) . Delete 57 . 30 and replace with 56. 89. I i i 1 A-1 (10F1) HOLZMACHER, MCLENDON 6 MURRELL.P.C. C0"MTWQ ENOINEEM ENVNIONYENTK ECIENTSTS a"P AMAM INDEX u TOWN OF SOUTHOLD r RESURFACING OF SOUND AVENUE AT THE WESTERN TOWN LIMIT PROJECT NO. SOHT 81-01 PAGE NO. INDEX I - 1 page NOTICE TO BIDDERS NB - 1 page INFORMATION FOR BIDDERS IB - 12 pages PROPOSAL P-A through P-D GENERAL CONDITIONS GC - 6 pages ITEM SECTION PAGE NO. NO. SECTION CODE NO. -- 0 General Specifications GS (11 pages) 1 5 5 Pavement Restoration & Replacement PRR (4 pages) 12 10 10 Maintenance & Protection of Traffic MPT (6 pages) 16 11 11 Tack Coat TC (2 pages) 22 12 1.2 Thermoplastic Pavement PM (5 pages) 24 Markings 14 14 Additional Excavation & Backfill AE&B (3 pages) 29 51 TL 51 TL Asphalt Concrete Truing & Leveling ACTL (1 page) 32 51 FZ 51 FZ Asphalt Concrete Type 1A (Top Course) ACTC (1 page) 33 INDEMNITY, LIMITATION OF LIABILITY ILL - (1 page) -- CONTRACT C - (28 pages) -- I-1 HOLZMACHER, McLENDON&MURRELL,P.C. �� NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN that SEALED BIDS will be received by the Town Clerk of the Town of Southold at the Town Hall, Main Road, Southold, New York, until 11:00 A.M . , prevailing time, on Thursday, September 30, 1982 at which time and place they will be publicly opened and read for the following contract: RESURFACING OF SOUND AVENUE AT THE WESTERN TOWN LIMIT Plans and specifications may be obtained at the Town Hall and offices of the Consulting Engineers, HOLZMACHER, McLENDON & MURRELL, P.C. 209 West Main Street, Riverhead, New York, 11901, and Suite 140, 125 Baylis Road, Melville, New York, 11747, upon'- deposit of twenty-five ($25.00) for each set furnished. Deposits will be refunded to bidders who return the plans and spec- ifications within ten (10) days in good condition; other deposits will either be partially or not refunded if the Specifications have not been returned in good condition within thirty (30) days after bids have been opened. Each Proposal must be accompanied by a certified check or bid bond in the amount of five percent (5%) of the total bid, made payable to William R. Pell, III, Supervisor, Town of Southold, as set forth in the Information to Bidders. The Town reserves the right to reject any or all bids, to waive any informalities and to accept such alternate bid which, in the opinion of the Town Board, will be in the best interests of the Town. BY ORDER OF THE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK JUDITH T. TERRY, TOWN CLERK TOWN OF SOUTHOLD SOUTHOLD, NEW YORK 11971 DATED: SEPTEMBER 7 , 1982 NB-1 HOLZMACHER, McLENDON 3 MURRELL,P.C. pONE10.TIN0 ENONIEEIIE.EWMONMENTK ECIENTMTE�d PLANNEIM INFORMATION FOR BIDDERS r BIDS FOR PROJECT The Town of Southold Will receive SEALED PROPOSALS for Resurfacing of Sound Avenue at the Western Town Limit. TIME AND PLACE OF BID Bids are to be submitted in opaque envelopes and will be received by the Town of Southold at the Town Hall, Main Road, Southold, New York, not later than 11: 00 A.M. , Prevailing Time, Thursday, September 30, 1982 , at which time and place they will be publicly opened and read aloud. Use of the mails shall be at the Bidder' s own risk, and the Bidder shall be responsible for physical delivery of the Bid at the time and place set for opening of Bids. BID ENVELOPE All proposals and either the certified check or bid bond must be placed in a sealed envelope bearing the Bidder' s firm name and address marked, "Project No. SOHT 81-01 , Proposal for Resurfacing Sound Avenue at The Western Town Limit, Town of Southold, Suffolk County, New York" , but otherwise unmarked. If mailed, this envelope shall be placed in another envelope addressed to Town Clerk Judith T. Terry, Town of Southold, Town Hall, Main Road, Southold, New York 11971. Use of the mails is at the Bidder' s risk. IB-1 "UL.LMAL."LK. MCLLMLAJM LI, /MUMMLAA.. r-k. / ttnwwr. CONSULnNO ENGINEEAG ANO LNVIRONMCNTAI MtNTISYS INFORMATION FOR BIDDERS (CONT- D. ) SPECIFICATION DEPOSITS (a) Deposits for specifications will be completely refunded to Bidders who return same in good condition within ten (10) days after r,-ceipt of bids. Bidders will receive one-half of the deposit amount fur specf.ications returned after ten (10) days and before thirty (30) days following the bid date. (b) Deposits for specifications will be completely refunded to non-bidders who return same in good condition within 48 hours of receipt of said specifications. Non-bidders will receive one-half the deposit amount for specifications returned in good condition within ten (10) days following the bid date. No deposit for specifi.ca- tions will be refunded to non-bidders after ten (10) days following the bid date. IB-2 HOLZMACHER, McLENDON&MURRELL,P.C. INFORMATION FOR BIDDERS (CONT'D. ) r SPECIFICATIONS Complete sets. of specifications for the inspection of prospective bidders will be found on file with the Town Clerk, Town of Southold, Town Hall, Main Road, Southold, New York, and at the office of Holzmacher, McLendon & Murrell, P.C. Consulting Engineers, 209 West Main Street, Riverhead, New York, or Suite 140, 125 Baylis Road, Melville, New York. All contractors must leave their names, phone numbers and correct mailing addresses upon receipt of the specifications. VERBAL ANSWERS The Town, its -agents, servants-'or employees, or the Engineer, will not be responsible in any manner for verbal answers to any in- quiries regarding the meaning of the contract specifications given prior to the awarding of the contract. EXAMINATION OF SITE Bidders must satisfy themselves by personal examination of the location of the proposed work and of the actual conditions and require- ments of the work, and shall not, at any time after the submission of a proposal, dispute or complain of' such estimate or assert there was any misunderstanding in regard to the scope of work. The Contractor shall inspect the site and existing conditions be- fore submitting his bid. PROPOSAL The Form of Proposal contained herein shall be used in making out bids. Any proposal not in accordance with these instructions, or con- taining bids not asked .for, may be rejected. On those items in this contract for which there is a stated maximum and/or minimum allowable bid price, each bidder shall be responsible 7 for making sure that his bid falls within the stated limits. When the 2 price bid is lower than the minimum allowed, the bid price will be ad- justed upward to the minimum allowable price and when the price bid is higher than the maximum allowed, the bid price will be adjusted downward to the maximum allowable price. SOHT 1B_3 NOLZMACNER. MCLENDON 6 MURRELL. F.C. / H2M CORP. CONDULnma cNaimuAl; AND GVV1110NMURAL SCIENTISTS l N MIMA l' I ON FOR. B I ODIAtS (CONI ' D. ) r As the est i11lates 0f (lu;lnt i t ies OI i teras stated in the prllpusal are approximate 0111Y , h idle rs a re rcyu i red t O sul,m i t their 1'rupus;r t upon and in the fol 1 owi 1►1y express conn i t i ons , 1411' chh sa l I 11 and and hcconre a part of every proposal received . liacll bidder shall Lill out , in ink , in Ilotll words and figures , in file spaces provided , his unit Or 1111111, sura hid , as the i:1se miry hc , for each itr11r in said 1:01-111 of I'rollos;ll for wit ' ,.." he is submitting a bid . No bid will be considered whi li does not include bids for all items ill tic 111011 sal, incite I tome oI'rc:oi111iletion . If the bid is not accepted by the Town within forty-five (45) days alter the receipt of I, ids , the 01) 1 igat ion of the bidder under this prol,osal may terminate at Iris option and he shall tile re- ' he entitled to a refund of his certified check or release 01 his hid bond furnished by him as security with 11is proposal . 1111) BOND lilt (:liR'f I I I I:U CHECK Bach propusa 1 from a cont tactor shall 1 be accompanied by a hid bond or certified check on a solvent hank of the State of 14ew fork , in the amount of five percent ( SI ) of the total bid . Such check shall be oracle payable to William R. Pell III , Supervisor, Town of Southold, New York , and the amount thereof steal 1 be the measure of 1 icluidated damages which the 'fuwn will sustain by the failure , neglect or refusal. of the bidder to execute and deliver the contr;tc:t , should the contract be awarded to him. The checks of all unsuccessful bidders will be returned upon the rejection of bids and the execution of the contract by the parties ; also , the check of the successful bidder will be returned upon the execution of the contract and the furnishing of the required bond . NAME OF 131 DI)I.It Each bidder m1.1st state .in his propusal , his full name and busi - ness address , and the full name 01' every person , firm or corporation interested in the same , and the address of every person or firm or president and secretary of every corporation interested with hint. If 11.3-4 fyUL4MnW1Gf1, M4GLLf4L"4 o►MUnn"u. l.v. ►►aw+ w.•r. CONSULTING L?IOINELAs AND ENv111044MO1TAL OcIW ill INFORMATION FOR BIDDER (CONT , D. ) no other person be so interested , lie must distinctly state that fact , also that his proposal is made without any connection directly or in- directly with any other bidder for the work particularly mentioned in his proposal ; that it is in all respects without fraud or collusion, and that no person acting for or employed by the Town is directly or indirectly interested therein, or in the supplies of work to which it relates , or in any portion of the prospective profits thereof. QUALIFTCATIONS OF BIDDERS (l ) The Town reserves the right to waive any informalities in, or reject any and all bids . The Town reserves the right to re- ject any and all bids which do not conform to the proposals , or upon which the bidders do not comply with the requirements of the Town as to their qualifications . (2) All hidders must prove to the satisfaction of the Town that they are reputable , reliable and responsible , and that they pos- sess the necessary qualifications to successfully deliver the proposed equipment , and that they have performed and completed successfully similar work to an extent which , in the opinion of the Town , will qualify them by experience to perform the work which is proposed. (3) In determining the qualifications of ;I bidder , the Town will consider his record in the performance of any contracts entered into by him for the work contemplated or of similar nature may make such investigation as it deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the Town all such information and data for this purpose as the Town may request. _ (4) The Town shall be the sole judge of the qualifications of the bidders and of the merits thereof and reserves the right to reject any bid if the record of the bidder in the performance of contracts , payment of bills and meeting of obligations to subcontractors , material - men or employees is not satisfactory to the Town , or if the evidence submitted by or the investigation of such bidders fails to satisfy the Town that he is pro1)erly qualified to carry out the obligations of the contract and to complete the work contemplated therein. GUARANTEE BOND The successful bidder shall be regltired to furnish at. the execu- tion of the contract an executed bond of a surety company authorized 113- 5 HOLZMACHER. MCLENDON d MUHHLLA,, F.L. / Mdm wnr. COMULT►NO ENOINELAS AND ENVIRONMEHTAL OCIENTIAT! INFORMATION FOR B 1 DDL'R (CON'r.. 1)) w to do bUSineSS in the State of New York and approved by the '1'o►�n in an amount equal to one hundred percent ( 1011'0_) Of the total amount of r the contract , guaranteeing to the Town tile f e aithful performance of the contract , and payn►ent of all claims for materials , labor and wages in connection therewith . S I GNAnIRIi OF CONTRACTOR The bidder to whom a contract may be awarded shall attend at the office of the Town , with the sureties offered by 11-11►, within ten (10) days , Sunday excepted , after the date of notification by mail of the acceptance of his proposal. , and there sign the contract in quadrubli cate for the work. In case of failure to do so , the bidder Shall be considered as hil.111 behfo feiteddoned l►toythe , and'rown , tlle or tilecpenalt►yhof��th` bid his bond slilll shall be invoked . CON'TRACTOR' S INSURANCE r The contractor shall not commence any work until he has obtained and had approved by the 'Town all of the inSUr.-MCC specified and required in the contract . WAIVER OF IMMUNITY Attention of the bidder is hereby directed to the requirements of the General Municipal LeAw of the State of New York and in particular to Section 103-a of the General Municipal Law regarding "Waiver of Immu►ii.ty" , as indicated on Page C-8 of the contract. RESPONSIBILITY FOR BIDDER Attention is lherehy particularly directed to the provisions of the contract wi►erehy the contractor will be responsible for any loss or damage that may happen to the material or any hart thereof during its delivery ; and also whereby the contractor shall make good any defects or faults due to materials or workmanship within twelve (12) months after its delivery, placement , and acceptance. 113-6 CONSULTING ENGINEERS AND ENVIRONMENTAL &CIENTIM INFORMATION FOR KIDDERS (CONT'D. ) In order to secure the performance of the covenant of the con- tractor, the Town shall retain the Guarantee Bond during the period of one (1) year from the date of the Engineer ' s final certificate. Work is required to be completed to the satisfaction of the Engineer and in :substantial accordance with the specifications hereunto annexed. TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK IB-7 State of New York Bureau of Public Work Department of Labor A State Office Building Campus Albany, N.Y. 12240 rxfiiiiM. CONTRACT REQUIREMENTS Each public work contract to which the State,a public benefit corporation,a municipal corporation or a commission is a party and which may involve the employment of laborers,workmen or mechanics,shall comply with the requirements of Article 8 of the New York State Labor Law: 1. No laborer, workman or mechanic in the employ of the contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by the contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week except in the extraordinary emergencies set forth in the Labor Law or where a dispensation is granted by the Industrial Commissioner. (See Section 220.2) 2. Each laborer, workman or mechanic employed by the contractor or subcontractor shall be paid not less than the prevailing rate of wages at the time the work is performed,and shall be paid or provided not less than the prevailing supplements at the time the work is'performed, as determined by the fiscal officer. If the prevailing rate of wages or the prevailing supplements change after the prevailing rate schedule is issued,each workman,laborer or mechanic shall be paid or provided not less than the new rates. (See Section 220.3) 3. The contractor and every subcontractor shall post in a prominent and accessible place at the work site a statement of the current wage rates and supplements specified by the contract for the various classes of mechanics,workmen or laborers. (See Section 220.3-a) 4. Apprentices must be registered,individually,under a bona fide program registered with the New York State Department of Labor. The allowable ratio of apprentices to journeymen in any craft classifica- tion shall not be greater than the ratio permitted to the contractor as to his work force on any job under the registered program. Any employee who is not registered as above, shall be paid the pre- vailing wage rate for the classification of work he actually performed. The contractor or subcontrac- tor will be required to furnish written evidence of the registration of his program and apprentices as well as of the appropriate ratios and wage rates for the area of construction, prior to using any apprentices on the contract work. (See Section 220.3-e) 5. (a) No contractor, subcontractor, nor any person acting on his behalf,shall by reason of race,creed, color, sex or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates.(See Section 220-e (a) ) (b) No contractor, subcontractor, nor any person acting on his behalf shall,in any manner,discrimi- nate against or intimidate any employee on account of race,creed,color,sex or national origin. (See Section 220-e (b) ) NOTE: The Human Rights Law also prohibits discrimination in employment because of age,disability or marital status. (c) There may be deducted from the amount payable to the contractor under the contract a penalty of five dollars for each calendar day during which such person was discriminated against or intim- idated in violation of the provisions of the contract. (See Section 220-e(c) ) (d) The contract may be cancelled or terminated by the State or municipality,and all moneys due or to become due thereunder may be forfeited, for a second or any subsequent violation of the terms or condition of the anti-discrimination sections of the contract. (See Section 220-e (d) ) (e) These provisions shall be limited to operations performed within the State of New York. (See Section 220-e(e) ) PW-3(5,80) IB-8 STATE OF NEW YORK DEPARTMENT OF LABOR BUREAU OF PUBLIC WORK STATE OFFICE BUILDING CAMPUS ALBANY, N. Y. 12240 Schedule Type-HVY / HWY 33 Date 07/08/81 Refer to: PREVAILING RATE CASE NO. T/O Southold PRC 8102905 NAS/SUF O1 to: William H. Spitz Location and Type of Project Holzmacher, McLendon & Murrell Resurfacing of Sound Ave. 125 Baylis Road SOHT 81-01, T/O Southold Milville, NY Laurel , NY 11747 Suffolk County In response to your request, enclosed are schedules of the prevailing hourly wage rates and the prevailing hourly supplements for the above project, together with copies of the Notice of Contract Lei (PW-16) for your use. The schedules must be annexed to and form a part of the specifications for this project when it is advertised for bids. These schedules have been Prepared and forwarded in accordance with Section 220 of the Labor Law, which provides that it shall be the duty of the fiscal officer to ascertain and determine the schedules of supplements to be provided and wages to be paid to workers, laborers and mechanics employed on public work projects, and to file such schedules with the department having jurisdiction. These wage rates and supplemental benefits are subject to change, and you will be periodically notified of such changes. The wage rates and supplemental benefits to be paid and provided must be those prevailing at the time the work is being performed. Supplemental Benefits Legend used in the "other supplements" column of the Prevailing Rate Schedule: A. Health & Welfare ( includes hospital C. Supp. Unemployment Benefits I. Annuity Fund surgical or medical insurance or D. Scholarship Fund J. Benefit Fund benefits, life insurance or death E. Paid Holidays K. Security Savings benefits, accidental death or dis- F. Education Fund ` memberment insurance). G. Vacation L. Holiday Pay B. Pension H. Apprentice Training M. Other Very truly yours, Nicholas Valentine, Jr. DIRECTOR WHEN ANY PROJECT IS COMPLETED OR CANCELLED, NOTIFY THE NEAREST DISTRICT OFFICE OF THE BUREAU OF PUBLIC WORK. (see addresses below) State Office Bldg. Campus, Albany N. Y. 12240 GS Court St. . Buffalo N. Y. 14202 155 Main Street West, Rochester N. Y. 14614 44 Hawley St. , Binghamton N. Y. 13901 17S Fulton Ave. , Hempstead N. Y. 11SS0 333 East Washington St— Syracuse N. Y. 13202 207 Genesee St. , Utica N. Y. 13501 30 Glenn St. , White Plains N. Y. 10603 PW-200 (6-79) IB-9 PREVAILING RATE SCHEDULE State of New York Case Number Bureau of Department of Labor 8102905 Public Work NASSAU AND SUFFOLK COUNTIES Prev- SUPPLEMENTAL BENEFIT PAYMENTS ai I i ng OCCUPATIONS wage health basic and pen- suppl . other supplements hourly welfare sion unemp. rate (A) (B) (C) (D) through (M) CORE DRILLER Core Dri l ler 10. 605 1. 00 . 74 G- 19 Helper 9. 245 1. 00 . 74 G- 19 ELECTRICIAN Electrician 15. 10 7%+. 35 5 1/2% . 25 G8L- 8 1/2%, H-5/8%, I-9%, J-3'/. Appr. 1st term S. 04 7%+. 35 5 1/2'/. . 2S G8L- 8 1/2%, H-5/8'/•, I-9'/•, J-3% IRONWORKER Ironworker-Structural 12. 95 1. 86 2. 30 G-1. 8S, H-. 11, I-2. 15 Appr. 1st term 7. 28 1. 86 2. 30 G-l. 85, H-. 11, I-2. 15 Reinforcing-(Lather) 13. S4 1. 325 985 D-. 02, G-. 75. H-. O1, I-1. 10 Appr. 1st Term 3. 8S 1. 32S . 985 D-. 02, H-. O1 Ironworker-Ornamental 12. 62 1. 21 1. 55 -Chain Link 12. 62 1. 21 1. 55 G-1. 00. H-. 10. I-2. 00 Fence "Appr. 1st term 7. 57 1. 21 1. 55 G-1. 00, H-. 10, I-2. 00 MASON Bricklayer 12. 49 1. 33 1.'93 H-. 03, I-2. 05 Appr. 1st term 6. 25 1. 33 1. 93 H- 03, 1- 50 PAINTER Painter-Brush 10. 92 1. 04 1. 04 G- 33, 1- 71 Scaffold/Spray 13. 26 1. 26 1. 26 G-. 405, I-. 71 Appr. 1st term 6. 55 . 62 . 62 G-. 20, I-. 25 Nassau Co. (N of L. I. E. to Pt. Wash Blvd. . S. of Sunrise Hwy. E. to Long Beach Rd. ) ------------------------------ Pai nter-Brush 10. 82 1. 29 2. 30 G-. 70, H-. 05 Appr. 1st term 5. 41 1. 29 1. 15 G-. 35, H-. 05 Scaffold/Spray 12. 37 1. 29 2. 30 G-. 70, H-. 05 Nassau Co. Remainder of County ------------------------------ Painter-Steel -----------------------------Painter-Steel 14. 28 1. 86 2. 00 H- 07 Power Tool , Spray 15. 28 1. 99 2. 14 H-. 08 Sandblaster(steet ) 15. 28 1. 99 2. 14 H- 08 Appr. 1st term 7. 00 . 91 . 9a H-. 035 Nassau Co. -Entire County ------------------------------ Painter Brush 12. 39 3. 22 1. 00 G-. 50, H-. 21 Stee 1 /Br i dge 15. 30 3. 22 1. 00 G-. 50, H-. 21 Spray 13. 88 3. 22 1. 00 G-. 50. H-. 21 Appr. 1st term 6. 42 1. 97 1. 00 G-. 25. H-. 21 Suffolk Co. PLUMBER P I umber 13. 65 1. 00 2. OS G-1. 30, H-. 37. I-. 57 Appr. 1st term 5. 46 . 60 1. 31 G-. 70, H-. 24, I-. 29 Suffolk Co. ------------------------------ Plumber ----------------------------- PIumber 12. 75 1. 10 1. 54 G-1. 10, H-. 25 Appr. 1st term 5. 10 . 44 . 616 G-. 44, H-. 10 Nassau Co. TEAMSTER Truck Driver Excavation 10. 125 1. 612S 2. 852S 1- 40 Euc I i d 10. 525 1. 612S 2. 8525 1- 40 Other 9. 325 1. 6125 2. 50 WELDER Welder To be paid the rate of the mechanic performing the work OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY and BUILDING SCHEDULES Print 33 IB-10 PREVAILING RATE SCHEDULE State of New York Case Number Bureau of Department of Labor Public Work 8102905 _ NASSAU AND SUFFOLK COUNTIES Prev- SUPPLEMENTAL BENEFIT PAYMENTS ai I i ng OCCUPATIONS wage health basic and pen- suppl . other supplements hourly welfare sion unemp. rate (A) (B) (C) (D) through (M) CARPENTER Carpenter (H/H) 13. 35 1. 8S 1. 03 G-. 95, H-. O5, I-. 7S Helper 11. 15 1. 85 1. 03 G-. 95, H-. 05, 1- 75 Appr. 1st term 7. 34 1. 85 1. 03 G-. 95, H-. 05, I-. 75 Nassau Co. (South of So. State Pkwy. & West of Seaford Creek) ------------------------------ Carpenter (H/H) 13. 40 1. S0 1. 49 G-. 95, H-. 06 Appr. 1st term 6. 70 1. S() 1. 49 G-. 95, H-. 06 Nassau Co. Remainder of County ------------------------------ Corpenter(H/H) 13. 45 1. 33 1. 71 G-. 90, H-. 06 Appr. 1st term 6. 70 1. 33 1. 71 G-. 90, H-. 06 Suffolk Co. ------------------------------ Pi ledriver/Dockbui Ider 13. 25 1. 85 1. 03 G-1. O1, H-. OS, I-. 75 Appr. 1st term 7. 34 1. 85 1. 03 G-1. 01, H-. O5, I-. 75 ------------------------------ T i mberman 12. 31 1. 85 1- 03 G-. 9S, H-. OS, I-. 75 Helper 10. 80 1. 8S 1: 03 G-. 95, H-. OS, I-. 75 ELECTRICIAN-HIGHWAY MAINTENANCE Applicable on traffic signals and street lighting only. Main*. Electric! an 12. 30 8% 4 1/2% G & L-6 1/2/, I-7% H-5/8%, J-3% Appr. 1st term 4. S7 8'/. 4 1/2% G & L-6 1/2%, I-7% H-5/8'/•, J-3'/. LABORER(FIVY/HWY) LaborerH-iH) Bas ic, Con crete, Jackhammer 8. 90 10 V. 13 V. G-. 75 Pi peIayer, Land- Scape. Trackman 8. 90 10 V. 13 V. G-. 75 Power Tool 8. 90 10 V. 13 V. G-. 75 Asphalt Raker, Form Setter 9. SD 10 V. 13 V. G-. 75 Asphalt Shoveler and Tamper 9. 30 10 V. 13 % G- 75 MASON Cement Fi ni cher 12. 60 2. 19 2. 02 H-. 01 Appr. 1st term 6. 30 2. 19 2. 02 H- 01 SIGN ERECTOR Sign Erector 11. 70 . 82 1. 11 H- 02, 1- 43 M-Emp S. S. STRIPER Striping Mach. Oper 9. 90 . 59 . 70 G-7-/• Li merman 10. 40 . 62 . 72 G-7% TREE TRIMMING Tree Trimmer 8. 43 34 25 1. 1st 6mo S. 51 . 34 . 25 Groundman, Driver 1st 6mo 6. 07 . 34 . 25 Driver 2nd 6mo 6. 36 . 34 . 25 Driver after 1 yr. 6. 95 . 34 . 25 TREE REMOVAL & LANDSCAPING Landscape Laborer 8. 90 10'/. 13/ G-. 75 Mul chi ng Machine Oper. 11. 995 9/ of 2. 25 G-1. 00, H-. 15, M-. 10 rate+vac. Stump Chipper Mach. 10. 97 9/ of 2. 25 G-1. 00, H-. 15, M-. 1D rate+vac. Truck Driver 9. 32S 1. 6125 2. 50 WELL DRILLER We I I Dri I I er 10. 55 8% 2. 25 G- 40 Helper 8. 55 8v.. 2. 25 G- 40 OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY SCHEDULES Pri nt 33 IB-11 PREVAILING RATE SCHEDULE State of New York Case Number Bureau of Department of Labor 8102905 Public Work NASSAU AND SUFFOLK COUNTIES Prev- SUPPLEMENTAL BENEFIT PAYMENTS ai I i ng OCCUPATIONS wage health basic and pen- suppl . other supplements hourly welfare Sion unemp. rate (A) (B) (C) (D) through (M) SURVEY CREW (HIGHWAY & HEAVY) Party Chief 12. 16 . 90 . 70 F-. 05, G-. 70, I-1. 50 Instrument Man 10. 21 . 90 . 70 F-. 05, G-. 70. I-1. 50 Rodman/Chaff nman 8. 91 . 90 . 70 F-. O5, G-. 70, I-1. 50 Survey Rates apply to those workmen employed on HIGHWAY and HEAVY contracts let on or after July 2. 1979 POWER EQUIPMENT OPERATOR (H/H) Asphalt Spreader 13. 18 9% of 2. 25 . 20 H-. 15, G-1. 00, M-. 10 Backhoe 13. 55 hourly Boring Machine 13. 12 rate + Bulldozer 12. 37 vac. Compressor-Single 11. 995 Compressor-2 or more In battery 12. 60 Concrete Pump 12. 64 Concrete Spreader 13. 18 Concrete Breaker 11. 28 Conveyor 12. 37 Crane 13. 18 Location, Effective Date and Dragline 13. 55 Supplemental Benefit Payments Finishing Machine 12. 37 are the same for all Power Equipment Fireman 12. 37 Operators. Generator 12. 29 Grade-A I I Oper. 13. 55 Grader 12. 58S Front End Loader 12. 905 Ma i nt. Eng. 12. 37 Mulching Machine 11. 995 Oiler 10. 97 Piledriver 13. 55 Post Driver (Guard Rail ) 13. 12 Power Broom 11. 42S Pump (Under 4") 11. 995 Pump (Over 4") 12. 38 Ridge Cutter 11. 28 Roller - ST & Under 12. 37 Roller - Over 5 Ton 12. 72 Scraper 12. 37 Shovel 13. 55 Stump Chipper 10. 97 Tractor-Caterpiller or Wheel 10. 755 Track Tamper 10. 97 Trenching Machines 13. 395 OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY SCHEDULES Print 33 IB-12 HOIZMACHER, MctENDON & MURREU. P.C. / H2M CORP. comsuLnNO cNaimuAs AND ENVI"MMAI /GENT M PROPOSAL - BIDDER'S DECLARATION TO THE TOWN BOARD of the TOWN OF SOUTHOLD, SUFFOLK COUNTY, STATE OF NEW YORK: BIDDER'S DECLARATION: The undersigned, as Bidder, declares that the only person or persons interested in this Bid or Proposal as principal or principals is or are named herein and that no other person than herein named has any interest in this Proposal or in the Contract proposed to be taken; ,that this Bid or Proposal is made without any connection with any other person or persons making a Bid or Proposal for the same purpose; the Bid or Proposal is in all respects without fraud or collusion, that he has examined the site of the work, the Form of Contract and Specifications, and the Drawings therein referred to, and has read the Notice to Bidders, Information for Bidders and General Conditions hereto attached and fully understands all the same; that he proposes and agrees, if this Proposal is accepted, that he will contract with the TOWN BOARD of the TOWN OF SOUTHOLD.. in the Form of Contract accompanying this Bid, to perform all the work required in accordance with the Plans and as mentioned in said Form of Contract , Specifications, Notice to Bidders, Information for Bidders and General Conditions, and he will accept in full payment , therefore, the following sums to wit : 7/79 P-A RT HOLZMACHER, McLENDON&MURRELL.P.C. G0N&MTINO EMOMrEfME.EMVWA NYEMTIK EGENTIOM 4"PUMMEft PROPOSAL (CONT'D. ) RESURFACING OF SOUND AVENUE TOWN OF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK PROJECT NO. SOHT 81-01 BID DATE: SEPTEMBER 30, 1982 ITEM 5A Remove temporary paving (by others) and replace with 1h" binder course asphalt on 6" base course asphalt Approximately 210 square yards Price per SY . . . . . . . . . . . . . . ($ ) Dollars TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . ($ ) Dollars ITEM 5A (ALT) ** Remove temporary paving (by others) and replace with lh" binder course asphalt on 6" base course asphalt Approximately 110 square yards Price per SY . . . . . . . . . . . . . ($ ) Dollars TOTAL . . . . . . . . . . . . . . . . . . . . . . . . ($ ) Dollars ITEM 5B Remove existing deteriorated pavement & replace with lh" binder course asphalt on 6" base course asphalt Approximately 110 square yards Price per SY . . . . . . . . . . .. . . . . . . ($ ) Dollars TOTAL . . . . . . . . . . . . . . . . . . . . . 6 Dollars 2 * Optional, item that may not be awarded by the Town. P-B 1 of 7 ■ 1m HOLZMACHER, MCLENDON&MURRELL.P.C. WNWLTMo iitsW*an&IAlVU1pWA04TAL WEIOTIST{M RAW4K" PROPOSAL (CONT'D. ) RESURFACING OF SOUND AVENUE TOWN OF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK PROJECT NO. SORT 81-01 BID DATE:. SEPTEMBER 30, 1982 ITEM 5B (ALT)** Remove existing deteriorated. pavement & replace with 1V" binder course asphalt on 6" base course asphalt Approximately 490 square yards Price per SY e . a a a • • • a e ($ ) Dollars TOTAL . . . . . . . . . . . . . . . . . . . . . . ($ ) Dollars ITEM 10 Maintenance and Protection of Traffic LUMP SUM . . . . . . . . . . . . . . . . . . . . ($ ) Dollars (Lump sum bid, shall be greater than or equal to $1000.,) ITEM 10 (ALT) ** Maintenance and Protection of Traffic LUMPSUM . . . . . . . . . . . . . . . . . . . ($ ) Dollars 6 (Lump sum bid shall be greater than or equal to $500. ) . 2 ** Optional item that may not be awarded by the Town. P-B 2 of 7 HOLZMACHER, McLENDON&MURRELL,P.C. COINULTMa 900M RM fW"MM"NT"SMOOT'S"*O ft"O'EM PROPOSAL (CONT'D. ) RESURFACING OF SOUND AVENUE TOWN OF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK PROJECT NO. SOHT 81-01 BID DATE: SEPTEMBER 30, 1982 ITEM 11 Tack Coat Approximately 1300 gallons Price per GAL . . . . . . . . . . . . . ($ ) Dollars TOTAL . . . . . . . . . . . . . . . . . . . . . Dollars ITEM 11 (ALT) ** Tack Coat Approximately 700 gallons Price per GAL . . . . . . . . . . . . . . ($ ) Dollars TOTAL . . . . . . . . . . . . . . . . . . . . . Dollars ITEM 12 Four-inch (4") wide Thermoplastic Reflectorized Pavement Markings Approximately 8500 linear feet Price per LF . . . . . . . . . . . . . ($ ) Dollars TOTAL . . . . . . . . . . . . . . . . . . . . . Dollars 6 . 2 ** Optional item that may not be awarded by the Town.. P-B 3 of 7 HOLZMACHER, MOLENDON&MURRELL,P.C. CONWLTNNI ENONREM.ENyN1pNYENTµEpENipTEM KANNE1p PROPOSAL (CONT'D. ) RESUUACING. OF SOUND AVENUE TOWN OF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK PROJECT NO. SOHT 81-01 BID DATE: SEPTEMBER 30, 1982 ITEM 12 (ALT) ** Four-inch (4") wide Thermoplastic Reflectorized. Pavement Markings Approximately 4500 linear feet Price per LF . . . . . . . . . . . . . . . . . ($ ) Dollars TOTAL . . . . . . . . . . . . . . . . . . . . . . . . ($ ) Dollars ITEM 14A* Additional Excavation Approximately 5 cubic yards Price per CY . . . . . . . . . . . . . . . . . ($ ) Dollars TOTAL . . . . . . . . . . . . . . . . . . . . . . i . . . . ($ ) Dollars (Unit Price shall be greater than or equal to $2. 00, but shall not exceed $10.00) ITEM 14B* Additional Backfill Approximately 15 cubic yards Priceper CY . . . . . . . . . .. . . . . . . . ($ ) Dollars TOTAL . . . . . . . . . . . . . . Dollars (Unit Price shall be greater than or equal to $2 . 00, 6 but shall not exceed $10. 00) '2 * **Contingency Item Optional item. that may not be awarded by the Town. P-B 4 of 7 tf2" HOLZMACHER, McLENDON&MURRELL.P.0 CONgULT*Q ENONIEEIM.ENVMONMENTAL WANTNTS and KANNEM PROPOSAL (CONT' D. ) RESURFACING OF SOUND AVENUE TOWN OF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK PROJECT NO. SOHT 81-01 BID DATE: SEPTIINSER 30, 1982 ITEM 14C* Rock Excavation Approximately 5 cubic yards Price per CY . . . . . . . . . . . . . . . . . ($ ) Dollars TOTAL . . . . . . . . . . . . . . , . . . . . . . Dollars (Unit Price shall be greater than or. equal of, $3.00 , but shall not exceed $50. 00) ITEM 51 TL Furnish & Place Truing & Leveling Asphalt Concrete as per SCDPW Specifications Approximately 1100 tons Price per TON . . . . . . . . . . . . . . . . ($ ) Dollars TOTAL . . . . . . . . . . . . . . . . . . . . . Dollars ITEM 51 TL (ALT) ** Furnish & Place Truing & Leveling Asphalt Concrete as per SCDPW Specifications Approximately 800 tons Price per TON . . . . . . . . . . . . . . . ($ ) Dollars TOTAL . . . . . . . . . . . . . . . . . . . . . . i . . 6 Dollars 2 Contingency Item ** Optional item that may not be awarded by the Town. P-B 5 of 7 U2" HOLZMACHER, McLENDON&MURRELL,P.0 TWQ Eka"tM ENW110"0jTAL WANTISf6—dMAMMEM PROPOSAL (CONT- D. ) AESURVACING OF SOUND AVENUE TOWN OF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK PROJECT NO. SORT 81-01 BID DATE: SEPTEMER 30, 1982 ITEM 51 FZ Furnish & Place Wearing Course Asphalt Concrete for Resurfacing as per SCDPW Specifications Approximately 700 tons Price per TON . . . . . . . . . . . . . ($ ) Dollars TOTAL . . . . . . . . . . . . . . . . . . . . . . ($ ) Dollars ITEM 51 FZ (ALT) ** Furnish & Place Wearing Course Asphalt Concrete for Resurfacing as per SCDPW Specifications Approximately 400 tons Price per TON . . . . . . . . . . . . . . . . . ($ ) Dollars TOTAL . . . . . . . . . . . . . . . . . . . . . Dollars 6 2 P-B 6 of 7 HOLZMACHER, McLENDON&MURRELL,P.0 � ILJ� CpIM6l/1,TiNOENWNEfA6.ENWNONMENTALIpEMTItTfrNMANNEAb PROPOSAL (CONT' D. ) • RESURFACING OF SOUND AVENUE TOWN OF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK PROJECT NO. SOHT 81-01 BID DATE: SEPTEMBER 30, 1982 TOTAL BASE BID (SUM OF ALL ITEMS EXCEPT 5A (ALT) , 5B (ALT) , 10 (ALT) , 11 (ALT) , 12 (ALT) , 51 TL (ALT) and 51 FZ (ALT) TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ($ ) Dollars TOTAL ALTERNATE BID (SUM OF ALL ITEMS) TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ($ ) Dollars Bids shall be based on normal seasonal working conditions without frost in the ground. It is anticipated that the Notice to Proceed will be given in October. COMPLETION DATE SHALL BE 45 CALENDAR DAYS AFTER THE NOTICE OF AWARD. LIQUIDATED DAMAGES SHALL BE $250.00 PER DAY. THE COMPLETION DATE SHALL BE CONSIDERED AS THE DATE WHEN THE PAVEMENT STRIPING OPERATIONS HAVE BEEN COMPLETED. FIRM NAME: FIRM ADDRESS: SIGNED BY: TITLE: DATE: DAY PHONE NO. 6 EVE. PHONE NO. 2 P-B 7 of 7 WK2MACHER, MCLMWN 6 MURR" P.C. / H2M CORP. CONULTINO ENGINUAl ANO ENWIIONMO/TAL OCICNTIM PROPOSAL - (CONT'D. ) Enclose certified check or bid bond for five percent (5%) of the total bid, as stipulated in the foregoing Information for Bidders. The Bidder hereby agrees to enter into a contract within ten (10) days after due notice from the Town of Southold that the contract has been awarded to him and is ready for signature, such notice to be given in writing within forty-five (45) days of the date of opening of the bids . And, the Bidder hereby further agrees that in the event of his failure or refusal to enter into a contract in accordance with this bid within ten (10) days after due notice from the said Town Board as given in accordance with the Information for Bidders, and/or his failure to execute and deliver the bond for the full amount of the contract price as provided in said Information for Biddets, that t:he bidder's check which is herewith deposited with the Town shall, at the option of said Town, . become due and payable as ascertained and liquidated damages for such default, otherwise the said check shall be returned to the undersigned. + The full name and residences of all persons and parties interested in the foregoing bid as principals are as follows : NAME ADDRESS NAME OF BIDDER: BUSINESS ADDRESS OF BIDDER: DATED AT: THE DAY OF P-C HOLZMACHER,MtLENDON b MURREU.. P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCICRTISTS PROPOSAL — (CONT'D. ) NON—COLLUSIVE BIDDING CERTIFICATE b By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief : • 1 . 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; and 2. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor; and 3. No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition. Dated: By: This bidder cannot make the foregoing certification and a statement signed by the bidder is attached setting forth in detail the reasons therefor: P—D HOLZMACHER. MCLENOON 6 MURRELL. P.C. / H2M CORP. CON3ULTINO 0401HURA AND ENVIRONMENTAL 3CIENTIM GENERAL CONDITIONS 1. GENERAL CONDITIONS A. The "General Conditions" are hereby made a part of this Specification and are attached herein. B. Where any article of the "General Conditions" is supplemented hereby, the provisions of such article shall remain in effect. All the supplemental provisions shall be considered as added thereto. Where any such article is amended, voided or superseded thereby, the provi- sions of such article not so specifically amended, voided or super- seded shall remain in effect. Work, materials, plant, labor and other requirements of the Gen- eral Conditions shall be furnished by the Contractor. No direct pay- ment shall be made for these General Conditions, and payment shall be deemed to be included in the contract price or various items of the entire contract. 2. CONTRACT DOCUMENTS The Contract Documents include, but are not limited to, the General Conditions, General Specifications, Detailed Specifications, Plans, Proposal Form, Contract and other sections as either cited on the index pages or actually included in the bound documents. Each section of the Contract Documents is intended to be comple- mentary to the other sections. It is intended that they include all items of labor and materials, and everything required and necessary to complete the work, even though some items of work or materials may not be particularly men- tioned in every section or may have been inadvertently omitted from . the Drawings or Specifications, or both. 3. APPROVAL OF SUBCONTRACTORS AND MATERIALS 6 1 Prior to commencing any work under this Contract, the Contractor shall submit to the Engineer, for approval, a list of all the sub- contractors and material suppliers he proposes to use for this Con- tract. No subcontractor or material supplier will be permitted to de- liver materials or perform any work on this Contract until he has been approved by the Engineer in writing. RT GC-1 HOLZMACHER. MCLENDON d MURRELL. P.C. / HZM CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS GENERAL CONDITIONS (CONT'D.) ` 4. INTERPRETATION OF DRAWINGS, ETC. A. In the event of discrepancies between the Drawings and the Specifications, the following order shall be given preference when making interpretations: 1. Addenda (later dates to take precedence over earlier dates) 2. Drawings (schedules or notes to take precedence over other data shown on Drawings) 3. Detailed Specifications 4. General Specifications 5. General Conditions B. On all plans, drawings, etc. , the figure dimensions shall govern in the case of discrepancy between the scales and figures. C. The Contractor shall take no advantage of any error or omission in the Plans, or of any discrepancy between the Plans and Specifications, and the Engineer shall make such corrections and interpretations as may be deemed necessary for the fulfillment of the intent of the Specifications and of the Plans as construed by him, and his decision shall be final. D. All work that may be called for in the Specifications and not shown on the Plans, or shown on the Plans and not called for in the Specifications, shall be furnished and executed by the Contractor as if designated by both. Should any work or material be required 6 which is not denoted in the Plans and Specifications, either directly 1 or indirectly, but which is, nevertheless, necessary for the proper carrying out of the intent thereof, it is understood and agreed that the same is implied and required, and that the Contractor shall per- form such work and furnish such materials as if they were completely delineated and described. 5. ADDITIONAL WORK Additional work, if required to be performed under this Contract, will be in accordance with the applicable paragraphs of the Contract. The Engineer shall be the sole judge as to whether such work was in- tended as part of the Contract or is in addition thereto. RT GC-2 HOLZMACHER, McLENDON 6 MURRELL. P.C. / H2M CORP. CONSULTING 040INURS AND ENVIRONMENTAL SCIENTISTS GENERAL CONDITIONS (CONT'D.) 6. OCCUPATIONAL SAFETY AND HEALTH ACT The Contractor shall meet all standards of the Occupational Safety and Health Act of 1970 and subsequent revision. This shall include, but not be limited to, the following areas: Sanitation, noise, radiation, gases, vapors, fumes, mists, dust, illumination, ventilation, protective equipment, fire protection, waste disposal, electrical hazards, scaffolds and ladders, floor holes . and wall openings, and heavy equipment . All specific require- ments of the Act shall be adhered to. 7. SAFETY PROVISIONS The Contractor shall take every precaution and shall provide such equipment and facilities as are necessary or required for the safety of his employees. In case of an accident, first aid shall be administered to any who may be injured in the progress of the work. In addition, the Contractor shall also be prepared for the removal, to the hospital for treatment, of any employee either seriously in- jured or ill. 8. SANITARY REGULATIONS A. In addition to compliance with the Occupational Safety and Health Act, the Contractor shall erect and maintain necessary sani- tary conveniences for the use of employees on the work. Such con- veniences shall be properly secluded from observation, and their use shall be strictly enforced. Such sanitary conveniences shall be constructed in compliance with all laws, ordinances or regulations governing these facilities. The contents of the same shall be re- moved, with sufficient frequency to prevent nuisance, and disposed of to the satisfaction of the Engineer. B. The Contractor shall obey and enforce such other sanitary 6 regulations and orders and shall take such precautions against in- t fectious diseases as may be deemed necessary. In case any infectious diseases occur among his employees, he shall arrange for the immediate removal of the patient from the work and his isolation from all per- sons connected with the work. C. The building of shanties or other structures for housing the men, tools, machinery or supplies will be permitted only at approved places, and the sanitary condition of the grounds in and at such shanties or other structures must , at all times, be maintained in a satisfactory manner. RT GC-3 HOLZMACHER, MCLENDON 6 MURRELL, P.C. / H2M CORP. CONSULTING ENGINEERS ANO ENWRONMENTAL SCIENTISTS GENERAL CONDITIONS (CONT'D.) • 9. RESPONSIBILITY OF ENGINEER AND CONTRACTOR DURING CONSTRUCTION A. The Engineer is responsible solely for the general and/or detailed inspection of the work being performed. Such inspection will be periodic and strictly to assure conformance of the Contractor with the Plans and Specifications, such that the end product will conform to the Plans and Specifications. B. The Contractor is responsible for complete conformance to. the Plans and Specifications, proper construction procedures; co- ordination with subcontractors, other contractors . and utilities, and safe working conditions for his employees. 10. LABOR A. All contractors and subcontractors employed upon the work shall and will be required to conform to the Labor Laws of the State of New York and the various acts amendatory and supplementary there- to; and to all other laws, ordinances and legal requirements applicable thereto. B. All labor shall be performed in the best and most workman- like 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. 11. CONTRACTOR' S REPRESENTATIVE The Contractor, in case of his absence from the work, shall have a competent representative or foreman present, who shall follow with- out delay all instructions of the Engineer or his assistants in the prosecution and completion of the work, in conformity with this Con- tract, and shall have full authority to supply labor and material immediately. The Contractor shall also have a competent representa- tive available to receive telephone messages and provide a reasonable 6 reply as soon as possible, but not later than twenty-four (24) hours. 1 RT GC-4 HOLZMACHER, McLENDON 6 MURRELL. P.C. / H2M CORP. CONSULTING ENGINEERS ANO ENVIRONMENTAL BCIENTIM GENERAL CONDITIONS (CONT'D,) 12. INCOMPETENT EMPLOYEES The Contractor shall employ only competent, skilled and faithful men to do the work. Upon request of the Engineer in writing, the Con- tractor shall suspend or discharge from the work any disobedient, dis- orderly or incompetent person or persons employed thereon, and will not again employ any person so suspended or discharged without the consent of the Engineer. This requirement shall not be made on the basis of any claim for compensation or damages against the Town or any of its officers or agents. 13. CLAIMS OR PROTESTS If the Contractor considers any work required of him to be out- side the requirements of the Contract, or considers any record or ruling of the Engineers or Inspectors as unfair, he shall ask for written instructions or decisions immediately, and then file a writ- ten protest with the Town against the same within five (5) days thereafter, or be considered as having accepted the record or ruling. 14. NOTIFICATION, INTERFERENCE AND INJURY TO UTILITIES A. The Contractor shall cooperate in every way with the Utility Companies. B. The Utility Companies shall be notified in accordance with Section 1918 of the Penal Law of the State of New York, entitled "Construction or Blasting near Pipes Conveying Combustible Gas," and with Article 20, Section 322-a of the New York State General Business Law. 6 C. All conduits, water mains and gas mains encountered in the 1 construction shall be properly and safely taken care of by the Con- tractor, who shall, upon encountering same, notify the public corpora- tion to whom they belong, in order that they may be changed in such a manner as not to interfere with the final construction. D. In case any damage shall result to any service pipe for water or gas, or any private or public sewer or conduit . by reason of negli- gence on the part of the Contractor, he shall, without delay and at his own expense, repair the same to the satisfaction of the Engineer, and in case such repairs are not made promptly or satisfactorily, the Town may have the repairs made by another Contractor or otherwise, and deduct the cost of same from any monies due or to become due the Con- tractor. RT GC-5 WX2MACHER, MCLENDON 3 MURR" P.C. / H2M CORP. CONSULTING ENGINEERS AND umROHMo1Tµ BO M S" GENERAL CONDITIONS (CONT'D.) 15. INFRINGEMENT OF PATENTS The Contractor further agrees to hold himself responsible for any claims made against the District for any infringement of patents by the use of patented articles in any one phase of construction of the work and the completion of same, or any process connected with the work agreed to be performed under this Contract, or of any materials used upon the said work and to save harmless and indemnify the Town from all costs, expenses and damages which the Town shall be obliged to pay by reason of any infringement of patents used .in the construc- tion and completion of the work. 16. DAMAGES All damage, direct or indirect, of whatever nature resulting from either the performance of, or resulting to the work under, this Con- tract during its progress from whatever cause, shall be borne and sus- tained by the Contractor, and all work shall be solely at his risk until the date of the final certificate. 17. GUARANTEE WARRANTY This Contractor shall guarantee and warrant his work and that of his subcontractors against defects in workmanship and/or material for a period of one (1) year from the date of final certificate by the Engineer except as otherwise specified. Upon written notification from the Engineer, the Contractor shall repair, replace or reconstruct such defects to the satisfaction of the Engineer at no cost to the Town. 18. STANDARDIZATION The DETAILED and General Specifications indicate specific manu- facturers and/or catalog numbers, etc. , for the purpose of standardiza- tion within the Town in order to minimize stockpiling of replacement parts. 19. DEFINITIONS 6 The words "or a l pproved equal" as hereinafter used shall refer to the use of an equal product that has received prior approval by the .Consulting Engineer for the Town. • The word "Engineer" refers to HOLZMACHER, McLENDON & MURRELL$ P.C. , Consulting Engineer for the Town of Southold. SH GC-6 ElmHOL.ZMACHER, MCLENDON&MURRELL.P.C. CONEUITMq ENONEEIIE.ENVIIIONYENiK EGENiKif►M►tANNE1IE r TECHNICAL SPECIFICATIONS SEVERAL ITEMS ON THE PLANS AND IN THESE SPECIFICATIONS REFER TO THE "SUFFOLK COUNTY PUBLIC WORKS SPECIFICATIONS OF NOVEMBER 1, 1968, ,- AS 968, "AS AMENDED. THESE SPECIFICATIONS SHALL BE INCORPORATED BY REFERENCE AND SHALL APPLY AS IF DETAILED IN FULL, UNLESS HEREIN MODIFIED. HOLZMACHER, MCLENDON 6 MURRELL.P.C. coN"T#Jo EMOMI[!M.618VWX MWIdTµWAOITAM 4"/MMMEM GENERAL SPECIFICATIONS TOWN OF SOUTHOLD RESURFACING OF SOUND AVENUE AT THE WESTERN TOWN LIMIT 0. 1 - SCOPE The work to be done under this Contract consists of .furnishing all labor, materials, equipment, etc. , for the kUk' TNG. Of $OUiJD AVENUE AT THE WESTERN TOWN LIMIT in the Town of Southold, as set forth in the Proposal Sheets, in accordance with the Specifications and as indicated on the plans, all to the approval of the Engineer and the Town of Southold. 0. 2 - GENERAL SPECIFICATIONS (a) The "General Specifications" of the contract are hereby made a part of this specification and are attached herein,. (b) Where any article of the "General Specifications" is supplemented hereby, the provisions of such article shall remain in effect. Where any such article is amended, voided or superseded thereby, the provisions of such article not .so specifically amended voided or superseded shall remain in effect. 0. 3 - GENERAL CONDITIONS (a) The "General Conditions" of the contract are hereby made a part of this specification and are attached herein. (b) Where any article of the "General Conditions" is supple- mented hereby, the provisions of such article shall remain in effect. 6 All the supplemental provisions shall be considered as added thereto. 2 Where any such article is amended, voided, or superseded thereby, the provisions of such article not so specifically amended, voided, or superseded shall remain in effect. 1 GS - 1 of 11 HMZMACM. Md 1NMH a MUM" P.C. / H2M CMP. CON M"M OMMUM AND wwROHMOSTAL /GQmm GENERAL SPECIFICATIONS (CONT'D) o_ 0.4 - NO DIRECT PAYMENT r No direct payment will be made for work done and for materials furnished under these General Specifications or the General Conditions of the contract, but compensation shall bedeemedto have been in- cluded in the contract price of the entire work. 0.5 - PLANS AND SPECIFICATIONS This Contractor will be furnished six (6) complete sets of the ,plans and specifications. Additional sets will be furnished at cost of reproduction. 0.6 - PERMITS AND REGULATIONS This Contractor shall obtain and apply for all permits necessary to conduct the work and complete this contract . All work shall be performed in strict accordance with the regulations and requirements of the various civil agencies having jurisdiction thereof . Upon completion of the work provided for in this contract , and before F final payment shall be made, the Contractor shall furnish the Engineer with any necessary certificates of approval issued by these various agencies. 0. 7 - SIGNS No signs or advertisements shall be permitted by the Town. 0. 8 - TEMPORARY LIGHT, WATER, ETC. This Contractor shall furnish temporary light and power complete with all wiring, lamps and similar equipment , as required for the completion of the work. Water shall be supplied by this Contractor. 6 7 RT GS - 2 of 11 2 HOLVAACHER. MdMDON a MURRELL. P.C. / H2M CORP. CONSULTINo tf10ML W AND VMPDNMORAL 8VVMM GENERAL SPECIFICATIONS (CONY D) 0.9 - COOPERATION This Contractor, all other contractors, and all subcontractors shall coordinate their work with all adjacent work and shall coordinate with all other trades so as to facilitate the general progress of the work. Each trade shall afford all other trades every reasonable op- portunity for the installation of their work and for the storage of their material. 0.10 - REPRESENTATIVE ALWAYS PRESENT The Contractor, in case of his absence from the work, shall have a competent representative or foreman present, who shall follow with- out delay all instructions of the Engineer or his assistants in the prosecution and completion of the work, in conformity with this con- tract, and shall have full authority to supply labor and material immediately. The Contractor shall also have a competent representa- tive available to receive telephone messages and provide a reasonable reply as soon as possible, but not later than twenty-four (24) hours. 0.11 - LABOR (a) All contractors and subcontractors employed upon the work shall and will be required to conform to the Labor Laws of the State of New York and the various Acts amendatory and supplementary there- to; and to all other laws, ordinances and legal requirements appli- cable thereto. (b) All labor shall be performed in the best and most workman- like 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. 6 1 RT GS - 3 of 11 3 HOLZMACHER, Md M4MW d MURMU1. P.C. / H2M COM. COM UL"040 ENOINEM ANO DMMOMMMM MOtNt M GENERAL SPECIFICATIONS (CONT'D) 0.12 - WORKMANSHIP It is the intent of these Specifications to describe definitely and fully the character of materials and workmanship required with regard to all ordinary features , and to require first class work and materials in all particulars. For any unexpected features arising during the progress of the work and not fully covered herein, the specifications shall be inter- preted by the Engineer to require first class work and materials; and such interpretation shall be accepted by the Contractor. 0.13 - 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 d6mand any increase of such effi- ciency 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 ex- cept 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, such as manholes , catch basins, pipe lines, conduits, etc. 6 1 RT GS - 4 of 11 4 HOLZMACHER, McLENOW i MLMR" P.C. / H2M CORP. COMMMO DMOICUM AND DMMMMVffAL •CIQIT M 'GENERAL SPECIFICATIONS (CONT'D) 0.14 - INSPECTION The Contractor shall, at all times, provide convenience of ac- ess and safe and proper facilities for the inspection of all parts of the work. No work, except such shop work as may be so permitted, shall be done except in the presence of the Engineer or his assist- ants. The Contractor shall notify the Engineer twenty-four (24) hours in advance as to when he intends to start or resume the work. No materials of any kind shall be used upon the work until it has been inspected and accepted by the Engineer; all materials re- jected shall be immediately removed from the work and not again of- fered for inspection. Any material or workmanship found at any time to be defective shall be remedied at once, regardless of previous inspection. The inspection and supervision of the work by the Engineer is intended to aid the Contractor in applying labor and materials to and in ac- cordance with the specifications, but such inspection shall not operate to release the Contractor from any of his contract obliga- tions. 0.15 - PHOTOGRAPHS Prior to the commencement of any work to be performed under this contract, the Contractor shall inspect all structures, pavement, walls, curbs, sidewalks along the route with the Engineer. Whenever cracks, breaks, defects, faults or structural decay is expected or visible, -photographs shall be taken, by a professional photographer, to identify and to record each and every defect. Failure on the part of the Contractor' to take such photographs will be construed as mean- ing that no defects existed prior to construction. The Contractor shall submit to the Engineer three (3) sets of 311x5" prints and the negatives from which the prints were made, which negatives shall be at least 35 millimeter in size. Prints shall be mounted in a photo album with a written description of each photo to include descriptions, street location, address and ownership of property or building, if available. No separate payment will be made for the photographs. 6 1 RT GS - 5 of 11 5 HMZMACHER, mcLENOON b MURRELL. P.C. / HZM CORP. CoNsuLnNO 0401HURS ANO 6 MMMMMAL ICOMWS GENERAL SPECIFICATIONS (CONT 'D) s 0.16 — LINE AND GRADE (a) The Engineer shall establish the lines and grades for the storm drains and appurtenances, and the necessary benchmarks for pavement construction stakeout. (b) All grades, lines, elevations and benchmarks shall be maintained by this Contractor who shall be responsible for same. (c) The Contractor shall verify all grades, lines, levels and dimensions as shown on the drawings, and he shall report any errors or inconsistencies in the above to the Engineer before commencing work. 0.17 - BOUNDARIES OF WORK AND CONTIGUOUS WORK The Town will obtain from the property owners rights-of-way for all work specified in this contract, and the Contractor shall not enter or occupy with men , tools or materials , any private ground outside the easements and rights-of-way without the consent of the owner and the approval of the Engineer. Other contractors of the Town may, for all purposes required by their contract, enter upon the work and premises used by the Contractor, and the Contractor shall give to other contrac- tors of the Town all reasonable facilities and assistance for the com- pletion of adjoining work. 0.18 - RIGHT-OF-WAY Where the work called for extends upon or through private property , the Town shall produce all necessary rights , deeds and easements for access to the property and the Contractor shall not proceed with this part of the work until the Town has completed negotiations with the property holders and all necessary papers are in the hands of the Town. If, after a reasonable period of negotiations (up to one (1) year from signing of the contract) , rights or easements cannot be obtained, then the Townreservesthe right to eliminate those items of wdrk from the contract which required the easements prior to construction. No addi- tional compensation shall be made to the Contractor for such elimination. 4 SOHT 81-01 GS - 6 of 11 6 HMZMACHER,Mc DdM i MIM"Ft. I H2M CORP. MdULT1n0 OWNUM Ano oMQOnMaIrAL $Comm GENERAL SPECIFICATIONS (CONT'D) r 0.19 - PROTECTION OF WORK The Contractor shall place a sufficiency of red lights on or near any work accessible to the public and keep them burning sunset to sun- rise; he shall erect suitable railings or barriers, and shall provide watchmen on the work by day or night, as required and deemed necessary# for the safety of the work, on public or adjoining property. The Town reserves the right to remedy any neglect on the part of the 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. 0.20 - MAINTAINING FLOW OF SEWERS AND DRAINS The Contractor shall, at his own cost and expense, provide for and maintain the flow of all sewers, drains, house or inlet connec- tions and all water-courses which may be met with during the progress of the work. He shall not allow the contents of any sewer, drain or house inlet connection to flow into trenches to be constructed under the contract, except where written permission is given by the Engineer and shall, at his own expenso,. immed ately remove and cart away from the vicinity of the work all" offensive matter, using such precautions in so doing as may be directed by the Engineer. 0.21 - PROTECTION OF EXISTING SUBSURFACE STRUCTURES Certain existing subsurface structures will likely be encountered during the construction of the work embraced in this contract, or located in such close proximity to the work to be done under this contract, as to require special precautions and methods for their pro- tection, such as sewers, drains, water mains and conduits, together with appurtenances , and are shown on the drawings. The sizest loca- tions and depths shOWn, however, are only approximate and thd' Contrac- tor shall satisfy himself as to the accuracy of the inforfation given and shall not claim nor shall he be entitled to receive Compensation 6 for damages sustained by reason of the inaccuracy of the information 1 given or by reason of his failure to properly maintain and support such structures. RT GS - 7 of 11 7 HOLZMUCHER, MdENDON A MtMRELI.. P.C. / H2M COIN. CONlUMNO ENoWUN ANO DMFMMDRAL •ClUMM GENERAL SPECIFICATIONS (CONY D) Should the Contractor , through his own negligence, damage any portion of the existing underground structures, sewers, drains, cul- verts, water lines, etc. , located within the limits of the contract, and which are to remain, he shall replace or restore such damaged portions at his own expense and as directed by the Engineer. 0.22 - NOTIFYING UTILITY COMPANIES The Utility Companies shall be notified in accordance with Sec- tion 193.8 of the Penal Law of the State of New York and Article 20, Section 322-a of the New York State General Business Law, entitled, "Construction or Blasting Near Pipes Conveying Combustible Gas, " which states, "the person having direction or control of such works shall given such notice and further, he shall ascertain whether there is within one hundred feet in such street, highway or public place. . .any pipe. . .conveying combustible gas." This Contractor and all other excavators must comply with Indus- trial Code Part 53 whereby this Contractor must obtain the list of each operator of underground facilities and provide advanced notice to each operator of his intent to perform excavation in the area specified under this contract., z 0.23 - PUBLIC UTILITY COMPANIES All conduits, sewers, storm drains, water mains, underground elec- tric and telephone conductors or conduits, or gas mains encountered in the construction shall be properly and safely taken care of by the Con- tractor, who shall , upon encountering same, notify the public corpora- tion to whom they belong, in order that they may be changed in such a manner as not to interfere with the final construction if it is imposs- ible to cross over, under or around the other utility. 01. 6 1 RT GS - 8 of 11 8 r+oLZMACHM MdDoaH A MURK F.C. I H2M OW. cowmvl o Down" Iwo [MV OMMUML scamm GENERAL SPECIFICATIONS (CONY D) r i' 0.24 - INJURY TO SERVICE PIPES In case any damage shall result to any service pipe for water or gas,.or any private or public sewer or conduit , the Contractor shall , without delay, and at his own expense, repair the same to the satis- faction of the Engineer and in case such repairs are not made promptly or satisfactorily, the Owner may have the repairs made by another contractor, or otherwise, and deduct the cost of same from any monies due or to become due the Contractor. 0.25 - DAMAGES All damage, direct or indirect, of whatever nature resulting from either the performance of or resulting to the work under this contract during its progress from whatever cause, shall be borne and sustained by the Contractor, and all work shall be solely at his risk until the date of the final certificate. r. 0.26 - TRAFFIC MAINTENANCE The Contractor shall minimize all interference to vehicular, pedestrian and other traffic. , Traffic along the construction site shall be provided with a passable and adequate road. All fire hyd- rants shall be accessible at all times. z Maintenance of traffic ,shall include bridging over construction, . construction in sections, providing detours, and other measures speci- fied. Access shall be maintained to all driveways. The Contractor shall furnish and install adequate warning signs, flags, lights, railings, barricades and other devices. Watchmen, flagmen and signal- men shall be provided to maintain traffic . 0.27 - REMOVAL OF TEMPORARY STRUCTURES On or before the completion of the work, the Contractor shall, without charge therefore, tear down and remove all buildings and other structures built by him for facilitating the carrying out of the work and shall remove all rubbish of all kinds from the grounds which he has occupied, and shall leave the site of the work clean and in good condition. r 6 1 RT GS - 9 of 11 9 HOLDAACHER, WDOW i MURRELL.P.C. / HZM CORP. COMMATIMO DOMM M ANO tNV WNMORAI WJUMM i GENERAL SPECIFICATIONS (CONT'D) 0.28 - CLEANING AND FINAL INSPECTION All pipe lines and other structures shall be kept clean during construction, and as the work approaches completion, the Contractor shall systematically and thoroughly clean and make any needed re- pairs to the same. He shall furnish at his own expense suitable tools and labor for cleaning out all dirt, mortar and foreign substances from the structures, and also the water for cleaning by flushing. Any leakage of water into any structure exceeding the limits speci- fied, or any deviation from the proper grade for alignment to the structure or any other defect such as to make the work, in the opinion of the Engineer, fall short of first class work, shall be properly corrected by the Contractor at his own expense. The clean- ing and repairs shall be arranged, so far as practicable, to be com- pleted upon finishing the construction work. Notice to begin this cleaning and repairing, if such is needed, will be given in due sea- son by the Engineer who, at the same time , will make his final in- spection of the work. The Engineer will not prepare his final certificate of this por- tion of the work until after the final inspection is made. During this final inspection , the Contractor, at his own expense, shall fur- nish suitable provisions as to needed drainage , workmen and appli- ances. 0.29 - TOILET FACILITIES t Necessary toilet facilities for the use of the workmen on the project, properly secluded from observation, shall be erected and maintained by the Contractor in such manner and at such points as shall be approved, and their use shall be strictly enforced. The contents of same shall be removed, with sufficient frequency to pre- vent nuisance , and disposed of to the satisfaction of the Engineer and the Town. The C©ntractor shall obey and enforce all sanitary regulations. The sanitary condition of the grounds in and Around such toilet facilities must be maintained in a satisfactory manner at all times. 1 F:T GS - 10 of 11 10 HOLZMACHEA. MdEN00N i MURRELL,R.C. / H2M CORP. CONS1K11N0 Oi01NttN ANO L MMUMOVAL 0004"M GENERAL SPECIFIUAT.IUNS (CUNT'V) 0.3O - CMANGE ORDERS During the construction period of this contract , the Engineer may order, in writing, changes in sizes of (prior to release from the manufacturer) and/or locations of (prior to delivery of materials) and/or additional items. The prices as bid for the respective size installed shall be also applicable to any such changes or additions ordered by the Engineer. The total cost of additional items ordered shall be limited to not more than ten percent (10`x) of the total bid (including alternate bids) of all items. Change orders involving extras or additional funds outside the limits of the unit and/or lump sum prices must be approved by the Consulting Engineer and the Town of gouthold 0. 31 - DEFINITIONS The specifications indicate specific manufacturers and/or catalog numbers, etc. , for the purpose of standardization in order to minimize stockpiling of replacement parts. The words "or approved equal" as hereinafter used shall refer to the use of an equal product that has received prior approval by the Consulting Engineer for the Town. The word "Engineer" r$feres to HOLZMACHER, MCLENDON & MURRELL, P.C. , Consulting Engineer for the Town. The words "Owner" or "Town" refer to the TOWN OF SOUTiLO D. - 4 2 SH GS - 11 of 11 11 �MHOLZMACHER,McLENDON 3 MURRELL.P.C. OONNK�M10lNOMMtM.g1VM10NM[MTK�p{MNRM/NANNfM PAVEMENT RESTORATION & REPLACEMENT h ITEM 5 5.1 - SCOPE The work under this item includes sawcutting, removal and disposal of existing pavements (temporary and permament) , and the furnishing and placing of asphalt concrete base and binder courses at the locations indicated on the plans or as directed by the Engineer. 5. 2 - GENERAL Under this item, the Contractor shall be responsible for the re- moval and disposal of the following: 1) All temporary pavement previously placed by Southold Town forces in connection with the installation of new storm drainage leaching pools within the project area. 2) All existing pavement indicated on the plans and any existing pave- ment ordered by the Engineer in the field during construction. In general, the removal of existing pavement will be ordered at those locations where subgrade failure is evident. In addition, severely distressed or cracked pavement will be ordered removed. 3) All existing subbase material down to the required grade for con- struction of the new pavement section. In the event that the material at this grade is considered by the Engineer to be unsuitable as a sub- base for the new pavement, additional excavation ordered will be paid for under Item 14. Under this item, the Contractor shall construct a new pavement cross section at the aforementioned locations in accordance with the details indicated on the plans. Pavement restoration at leaching pools shall include the additional pavement required behind each structure, as detailed on the plans. Sawcutting is required when removing deteriorated pavement and shall be performed to the Engineer' s satisfaction. Upon completion of sawcutting, all asphaltic concrete on all types of bases shall be removed in a neat, workmanlike manner, using modern pavement removal methods as approved by the Engineer. Disposing of removed material shall be done in an acceptable manner off the site or at a designated area specified by the Engineer. This Contractor shall be responsible for the payment of any dumping fees should he elect to use the Town Landfill facilities. - b 5.3 - SAWCUTTING 2 The existing asphalt pavement shall be cut at the locations desig- nated by the Engineer. The minimum depth of cut shall be two (2) inches. PRR - 1 of 4 12 f12% HOLZMACHER,McLENDON i MURRELL.P.C. OONMIUMgMNNNMM NIYMIMIMNITK�OINIfMMM1A11p1M PAVEMENT RESTORATION & REPLACEMENT (CONT'D. ) 5..3 -.. SAWCUTTING .(Cont'd. ) All work shall be accomplished in a neat, workmanlike manner, using approved modern sawcutting methods. Failure to cut a minimum depth of two (2) inches will be con- sidered as grounds for rejection of the sawcut, and the Contractor shall be required to re-sawcut the pavement. No payment will be made for either the additional sawcutting or additional pavement replace- ment required. 5.4 - SUB-BASE The sub-base shall be cleaned of all loose or foreign material, reshaped if rutted, and otherwise prepared so as to provide uniform support for the pavement. All soft or unsuit4ble material such as loam shall be removed as directed by 'the Engineer, and replaced with suitable material approved by the Engineer and compacted in six (6) inch layers to the pavement base. Excavation to remove unsuitable materials below the bottom of the proposed base course shall be paid for under Item 14. Shaping of the sub-base shall be accomplished by hand or with mechanical grading equipment after which the. sub-base shall be moil- . ened and compacted by means of a vibratory-type compactor in accordance with modern vibratory compaction methods, to the approval of the Engineer. All equipment for the proper preparation of the sub-base and for the placing and finishing of pavement shall be in first-class working order and shall be subject to any inspection the Engineer may desire prior to being placed in use. After the sub-base has been prepared and compacted to the required uniform density and to the.. required elevation, alignment and cross-section, it shall be maintained in that condition until the pavement is placed thereon. Pavement will not be placed upon any frozen sub-base or upon any material which, in the opin- ion of the Engineer, is unsuitable as a pavement foundation. The end result of all compactive efforts shall be that the sub-base material is compacted to not less than 95% of maximum density at optimum .moisture Ment as determined by AASHTO T-99. In the event that the Engineer determines that there in reasonable doubt regarding the quality or degree of compaction, . he may eider that compaction tests be performed at random locations. All faction tests shall be performed by an independent laboratory previously approved (written approval) by the Engineer. The costs for all 6 compaction testing ordered shall be borne by the Contractor. 2 PRR - 2 of 4 13 tj2"HOLZMACHER.McLENDON 3 MURRELL,P.C. OONNKiN10{MNIgM,INYMWMMNI�K�pM11MA rN�LAMMM PAVEMENT RESTORATION & REPLACEMENT (CONT'D. ) 5,5 - PAVEMENT MATERIALS Materials utilized for pavement restoration shall be in accor- dance with the "Suffolk County Public Works Specifications of November 1, 1968" as amended. The typical pavement restoration cross- section is indicated on the Contract Drawings. A bituminous material shall be placed on the concrete or bitum- inous base and at sawcut joints, as a tack or seal coat. The minimum application rate of this material shall be 0.1 gallons/square yard. The bituminous material shall conform to the requirements of New York State Department of Transportation Specification Section 407, Item No. 407.01. 5,6 - PAVEMENT CONSTRUCTION All pavement restoration shall be performed in accordance with the requirements of "BITUMINOUS PAVING CONSTOCTION, PART II, SECTION 8" of the "Suffolk County Public Works Specifications of November 1, 1968" as amended. 5.7 - MISCELLANEOUS No payment will be made under this Item for pavement disturbed or broken by the Contractor due to his own nealiaence or for pavements removed to facilitate the construction where specific authorization has not been given by the Engineer. 5.8 - MAINTENANCE AND GUARANTEE After repaving, the Contractor will be responsible for his work and will have to repair any sunken trenches immediately after notifi- cation from the Engineer, to the satisfaction of the Engineer and the Town of Southold Highway Department, for a period of one (1) year after the date of final certificate. 5,9 - BASIS OF PAYMENT Payment will be made for the various types of pavement removal and restoration on a square yard basis in the following manner: Item. SA - Remove temporary pavement placed by others and restore excava- tion area with new asphaltic concrete as detailed on the plans. Con- struction of paved areas behind each of the new leaching pool structures 6 shall be included under this item. ? Item 58 - Removal of existing deteriorated pavement sections and replace- ment with new asphaltic concrete as detailed on the plans or as ordered by the Engineer. PRR - 3 of 4 14 HOLZMACHER, McLENDON E MURRELL,P.C. ppNMK/MN tl1�NQMM.pIV�110MMlMK�OIM11N1'�M/1AMMM PAVEMENT RESTORATION & REPLACEMENT (CONT-D. ) 5.9 _ BASIS OF PAYMENT (Cont'd. ) f All pavement restoration shall be in accordance with the applicable Suffolk County Department of Public Works Specifications, the details in- dicated on the Contract Drawings and the directions and orders of the Engineer. The unit price bid for these items shall include all materials, labor, equipment and incidentals necessary to complete the work. 6 PRR - 4 of 4 15 HOLZMACHER, MCLENDON&MURRELL,P.C. Q0k*MV"tM01MRIM.4JMVMMIMMW&.L WOM?MMOR 11AWAM MAINTENANCE AND PROTECTION OF TRAFFIC ITEM 10 10. 1 - SCOPE The work includes furnishing all labor, materials, equipment and appliances necessary to maintain both vehicular and pedestrian traffic, to protect the public from all damage to person and property and to minimize inconveniences to the residences and businesses ad- jacent to the. contract area for the duration of the contract in accordance with the specifications, as shown on the plans and as directed by and to the approval of the Engineer and the Town of Southold Highway Department. 10.2 - GENERAL The Contractor shall maintain traffic over a reasonably smooth travelled way which shall be so marked by signs, delineations and/or other methods so that a person who has no knowledge of conditions can safely, and with a minimum of discomfort and inconvenience, ride, drive or walk over all or any portion of the roadway under construc- tion. • The Contractor shall prepare and submit a plan to the Engineer for his approval , outlining a schedule of operations for the mainten- ance, protection and detouring of traffic showing in complete detail the methods, sequences, procedures and facilities he proposes to install. Before the Contractor shall in any way or manner restrict or interfere with the normal flow of traffic, he must first secure written approval of his proposed plan from the Engineer. The Contractor is placed on notice that the Maintenance and Pro- tection of Traffic over this highway during construction is con- sidered as important and necessary an item of work as is the actual construction itself. The Contractor shall at all times conduct his operation in a manner to insure the safety of motorists, pedestrians and his own employees. The Contractor shall protect the user from damage to person and property by reason of any construction operation ( for example -- painting , paving, blasting, tree work, demolition, etc. ) by such protective screens , devices or methods as are approved by the Engineer. 6 2 SOHT MPT - 1 of A 16 HOLZMACHER, McLENDON 6 MURRELL.P.C. apM11►1Mq lM W IN/M.1MM110MMMK IOMMMt!M RMMItM MAINTENANCE AND PROTECTION OF TRAFFIC - CONT'D. The Contractor shall under this item be responsible for the maintenance within the limits of the contract of the entire pave- ment, drainage facilities and other highway elements, both old and new, beginning on the date construction commences and ending on the date the contract is officially accepted. The Contractor shall schedule his work so as to minimize the amount of the old travelled way that is destroyed or substantially damaged at any one time. Throughout the course of the work the health and welfare of the people shall be provided for. The Contractor shall at -least one ( 1) week in advance of proposed work, ascertain the specific needs of individuals whose homes or place of business may be inaccessible for periods of time while required construction work is in progress. In all such cases, the Contractor shall make a•kl arrangements with health, safety and protective agencies to insure that any and all emergency or accidental needs of seriously hampered people will be cared for. Roads which must be closed to traffic completely shall be completed during the normal work week. One week's advance notifi- cation of construction shall be given to affected residents. 10.3 - MATERIALS All materials used shall comply with the requirements for the various items or materials as established in the specifications or the plans. All temporary signs, delineators, barricades, lighting and other warning and guiding devices shall be as approved by the Engi- neer, and will remain the property of the Contractor. All materials and equipment and workmanship for electrical installations shall be in strict compliance with the Standard Code Requirements and the work shall be performed by licensed electri- cians. The Contractor shall obtain, supply and pay for all required electrical energy and shall make all necessary arrangements with the utility company for service points. All electrical services, permits and certificates shall be obtained and paid for by the Contractor. i SOH T MPT - 2 of 6 17 HOLZMACHER, MCLENDON&MURRELL.P.C. COMMA""6"MmuM.9"VolW n"TAL 8COMMn.M RJW"M MAINTENANCE AND PROTECTION OF TRAFFIC - CONT'D. 10.4 - CONSTRUCTION DETAILS 10. 4. 1 - General - The Contractor shall generally provide a travelway suitable for maintaining a minimum of two lanes of traffic. This travelway shall be kept well drained and reasonably smooth and hard at all times and free of potholes, bumps, irregularities and depressions that hold or retain water. 10.4.2 - Warning Signs & Delineators - The Contractor shall erect barricades, detour signs, warning lights and other facilities approved by the Engineer at the beginning, end and for the entire length of any detours to adequately warn the travelling public that the road is closed and indicate the direction and route of the detour. He shall conduct his operations to insure a minimum of delay to traffic. The Contractor shall furnish, erect and maintain proper reflect- orized signs, indicating to motorists the status of the highway under construction. All signs shall be kept clean, mounted at the indicated height and so placed as to be effective both day and night. Signs, warnings, delineators and barricades shall be used to adequately inform the motorist of any unusual or unsafe condition and to safely and clearly guide him through the contract area. Such signs, barricades, warnings or devices shall be so placed and lighted as to give timely warning and permit the motorist to take the necessary action to traverse the area safely. Barricades and signs shall be lighted when and as required . The Contractor shall delineate areas where there is a drop-off near the edge of the travel lanes and areas on which it is unsafe to travel . Where the drop-off is less than 6-inches, and where soft or unsafe areas occur, an approved delineator shall be placed along the edge of the travelway at intervals of not more than 200 feet. Where the drop-off is greater than 18-inches, a continuous delineation consisting of a white board or band shall be used in addition to individual delineators. Thirty ( 30) to fifty ( 50) gallon drums or containers set on end may be used as delineators, provided they are painted orange and white and kept clean at all times. Other markers or delineators may be circular or rectangular in shape and shall be constructed of reflective sheeting having a minimum area of 20 square inches or reflective buttons having a minimum diameter of 3-inches. All reflective delineators or markers shall be yellow or amber in color except that at entrances to commercial establish- ments the Contractor shall place a green reflective marker on each side of the designated safe entrance to the establishment. The entire 6 2 SOHT MPT - 3 of 6 18 HOLZMACHER, MCLENDON 6 MURRELL.P.C. cowwrwo ewo�nM. MVMww►n►wawrrn.w nw�t� MAINTENANCE AND TRAFFIC PROTECTION - CONT'D. entrance area between adjacent green markers shall be kept safe and smooth for convenient ingress and egress. Delineators shall be sub- stantially mounted so that the bottom of the reflective unit is 4 feet above the elevation of the travelway. Any area judged by the Engineer to be particularly hazardous shall be marked by the use of oil burning flares or signal flashers with a large reflectorized orange lens in addition to the reflective markings. All signs, markers and other facilities shall indicate actual conditions existing and shall be moved, removed or changed immediately, as conditions require. Details and types of signs, temporary barricades, timber curb and other devices are shown on Standard Structure Sheets, Manual of Uniform Traffic Control Devices of the New York State Traffic Commission. These are minimum requirements and the Contractor shall have an adequate quantity of each available for use as required. The Engineer may, if conditions exist, require additional signs. In that event, they shall be consistent with the arrangements, material requirements and details of those shown on the Standard Structure Sheets. Lighted barricades shall be fully equipped with complete electrical facilities including fixtures, lamps, conduits, switches, cut-outs, boxes, cable and all other required equipment, appurtenances and connections to the service points designated by the utility company as necessary to install and light the barricades. The Contractor shall set and adjust time switches and other equipment -as required to put the lighting system in satisfactory operation. 10.4.3 - Maintenance - The Contractor shall furnish material, labor and equipment at any time, day or night, to immediately repair, remedy and prevent washouts, formation of holes, ruts and depressions, sunken trenches and the destruction or sinking of temporary pavements. This applies when the work is underway and when the work is temporarily suspended for any period of time. Special attention shall be given to maintenance of a satisfactory travelway over weekends, holidays, and during the winter season. Any damage to any portion of the work occasioned by lack of adequate maintenance shall be repaired by the Contractor at his own expense. h 6 2 SOHT MPT - 4 of 6 19 HOLZMACHER,MCLENDON 6 MURRELL.P.C. ppIM10.1M1{i110M11lM.SWWAM AWAL SpllMm"Md RAMMIM MAINTENANCE AND PROTECTION OF TRAFFIC - CONT'D. 4 10. 4.4 - Flagmen - Whenever it is necessary to maintain traffic, the Contractor shall employ a sufficient number of competent flagmen during the time traffic is maintained. The Contractor shall also provide a sufficient number of competent flagmen in areas where traf- fic is congested, particularly where construction equipment is operating. 10.4 .5 - Access - Under this item, the Contractor shall construct and maintain at al times where required or as directed, temporary, bridges or bridging across pipe trenches, excavations, obstructions and newly laid pavements to provide adequate ingress and egress for pedestrian and vehicular traffic to and from private driveways, busi- ness and commercial establishments or for main street intersections and heavily travelled crossings. The Contractor will be required, after the installation of all pipes and necessary appurtenances thereto, to immediately backfill all trenches, compact the same with the surface -of the fill graded off, and install temporary pavement to permit the resumption of traffic without delay.. The surfaces of all trenches shall be maintained continually by the Contractor to carry traffic smoothly, safely and without interruptions or slowdowns , until the permanent pavement has been restored. 10.4.6 - Existing Signs - All existing highway signs and supports within the contract limits are to remain under the control and juris- diction of the Engineer and are to be properly maintained for the duration of the contract by the Contractor as directed by the Engineer. The Contractor shall, when shown on the plans or ordered, remove these existing signs; store, protect and keep them clean; and replace them on the contract as directed by the Engineer. Signs not to be replaced shall be cleaned and delivered to the Town as directed by the Engineer. Signs or markers lost or damaged because of negligence on the part of the Contractor shall be replaced at the Contractor's expense. 10.5 - BASIS OF PAYMENT The work of maintenance and protection of traffic shall be paid for under Item 10 at a lump sum bid price that is greater than or equal to the minimum bid price indicated on the proposal sheets. In the event that, in the opinion of the Engineer, traffic is not properly and adequately maintained on any part of the contract on any day, and/ or the Contractor deviates from or fails to comply with the approved plans, schedules and modifications or amendments thereto, no payment for 6 maintenance and protection of traffic will be made for that day. 2 SOHT MPT - 5 of 6 20 HOLZMACHER. McLENDON&MURRELL.P.C. ppUNllf M10 IMONIHM lMyN1pN1lIi�K!plNil{T�../NANINM MAINTENANCE AND PROTECTION OF TRAFFIC - CONT'D. Daily cleanups of the project site are considered an integral part of the maintenance and protection of traffic. Therefore, no payment will be made for those days where, in the opinion of the Engineer, the Contractor has not performed a satisfactory cleanup. The amount of any such daily non-payment will be $100. The aggregate sum of money deducted for daily non-payment may exceed the actual amount bid for this item and may be deducted from any monies due the Contractor on other items of this contract. If the Contractor fails to maintain and protect traffic ade- quately and safely for a period of 24 hours , the Engineer may cor- rect the adverse conditions by the use of such means that he may deem necessary and augmented by such other equipment and personnel as it may be necessary to hire from outside sources, and the entire cost of this work by such forces, materials and equipment shallbe The deducted from any monies due the Contractor. on this contract. deduction due to the cost of this work shall be in addition to the daily non-payment deductions listed above. The bid price shall include the cost of furnishing all labor, materials, tools and equipment necessary to satisfactorily complete the required work. Monthly payments will be made for this item in proportion to the total amount of contract work, excluding maintenance and pro- tection of traffic, completed divided by the total bid price less the stated allowance for maintenance and protection of traffic. 6 2 SORT MPT - 6 of 6 21 �-� HOLZMACHER, McLENDON t MURRELL.P.C. ooww rw paxw��s,a«.�a+wwrK wewrsr�.w ruw[wa TACK COAT ITEM 11 11. 1 - SCOPE This work shall consist of preparing and treating an existing bituminous or concrete surface with bituminous material in accordance with these specifications and in reasonably close conformity with the limits shown on the plans or established by the Engineer. 11.2 - MATERIALS The bituminous material, prior to dilution, shall meet the re- quirements of one of the following material ,de signations from the N.Y.S.D.O.T. "Standard Specifications - CONSTRUCTION AND MATERIALS", dated January 2, 1981 : Asphalt Emulsion (HFMS-2h) 702-3401 Asphalt Emulsion (SS-1h) 702-3601 Cationic Asphalt Emulsion (CSS-1h) 702-4501 The bituminous material shall be diluted with an equal volume of suitable emulsifier solution and thoroughly mixed into a homogeneous liquid . The diluted bituminous material will be sampled and tested in accordance with the Engineer's written instruction. 11.3 - CONSTRUCTION DETAILS 11.3.1 - Equipment - The Contractor shall provide equipment for heating the bituminous material and a distributor for applying the tack coat. The distributor shall be so designed, equipped, maintained and operated so that bituminous material can be applied uniformly on variable widths of surface up to 15 feet at readily determined and controlled rates from 0.05 to 2.0 gallons per square yard, with uniform pressure, and with an allowable variation from any specified rate not to exceed 0.02 gallons per square yard. Distributor equipment shall include a tachometer, accurate volume measuring devices or a calibrated tank, and a thermometer for measuring temperatures of tank contents. Distri- butors shall be equipped with a power unit for the pump, and full cir- culation spray bars adj-instable laterally and vertically. Distributors shall be equipped with an approved bituminous material sampling valve. When samples are taken through such valves, they shall be considered 1 representative of all material in the tank. TC - 1 of 2 22 ,-12M HOLZMACHER. McIENDON 6 MURRELL.P.C. oOMM"A@"** Met MMVMOMwMMT.►em""are TACK COAT - CONT'D. 11. 3.1 - Equipment - (CONTD. ) Small power spray units or hand spray equipment may be used in areas where the Engineer determines that the use of a distributor is impractical . 11.3.2 - Preparation of Surface to Be Treated - The existing surfi-ceshall be patched and cleanQ cleanand shall be free of irregularities to provide a reasonably smooth and uniform surface to receive the treat- ment. Unstable corrugated areas shall be removed and patched with mat- erials determined suitable by the Engineer. The edges of existing pavements, which are to be adjacent to new pavements, shall be cleaned to permit the adhesion of bituminous materials. 11.3.3 - Application of Bitminous Material - The bituminous material shall be uniformly applied ith a pressure distributor . The tack coat shall be applied in such a manner as to permit One-way traffic, where practical. In addition, the tack coat shall be applied so as to offer the least inconvenience to traffic and to prevent pickup or tracking Of the bituminous material. Tack coat shall not be applied during wet or cold weather, as determined by the Engineer. The temperature and areas to be treated shall be approved prior to application. The application rate shall be 0 .10 - 0 .15 gallons per square yard unless otherwise ordered by the Engineer. 11.4 - METHOD OF MEASUREMENT The quantity to be paid for will be the number of gallons of diluted emulsion measured at 60 degrees Farenheit incorporated into the work. 11.5 - BASIS OF PAYMENT The unit price bid per gallon for tack coat shall include the cost of furnishing materials and all equipment and labor necessary to com- plete the work. 1 0 1 - TC - 2 of 2 23 H2M CORP. / HOIZMACHM MCU NOON 6 MURR" P.C. CONSUMNO 0400E M ANO VMWWMOffAL GCIMM THERMOPLASTIC PAVEMENT MARKINGS 12. 1 - SCOPE Under this item, the Contractor shall furnish and apply thermoplastic reflectorized pavement markings at the locations and in accordance with patterns indicated on the plans or pavement, or as ordered by the Engineer. This work shall include the cleaning and preparation of pavement sur-faces and the maintenance and protec- tion of traffic during installation. 12. 2 - MATERIALS : THERMOPLASTIC PAVEMENT MARKING MATERIAL (WHITE & YELLOW This specification shall cover reflectorized thermoplastic pavement striping material that is extruded to the pavement surfaces in a molten state by mechanical means and which upon cooling to the normal pavement temperature produces a reflectorized traffic stripe of desired thickness and width. The term "Thermoplastic Material" defines a substance free of volatiles, applied in a molten state, which after cooling to the ambient temperature and without polymerization or any other chemical change forms a traffic marking stripe of a quality and appearance as specified in subsequent' sections of these specifi- cations. This specification is intended to set minimum limits on material characteristics of the thermoplastic compound. The successful bidder shall furnish test samples of materials. He must also submit a list of installations made in the last three years. Material composition shall be in accordance with the following: A. In the plastic state, the material shall not give off fumes which are toxic or otherwise injurious to persons or property. B. The temperature versus viscosity characteristics of the plastic material shall remain constant through four reheatings; and shall be the same from batch to batch. There shall be no obvious change in color of the material as a result of a number of reheatings or from batch to batch. C. The pigmented binder shall be well dispersed and free from all skins, dirt, foreign objects, or such ingredients as will cause bleeding, staining or discoloration. 24 PM - 1 of 5 N2M CORP. I WXZMACHER, McLENDON 6 MURREU. P.C. CONSUL"NO 04MMUM ANO UMNONMUffAL SOENMM THERMOPLASTIC PAVEMENT MARKINGS — CONT' D . D. The binder shall consist of a mixture of non-drying synthetic resins at least one of which is solid at room temperature. The total binder content of the thermoplastic compound shall be not less than twenty percent (20%) and sufficient to hold the exposed beads securely in place without the beads abrading off. E. The filler to be incorporated with the resins as binder shall be a white calcium carbonate- or approved alternate with a minimum compressive strength of five thousand pounds (5;000 lbs. ) per square inch. F. Specific gravity of• the materials shall be between 1.9 and 2. 1 at 25 degrees centigrade. G. The percentage of pigments for white and yellow thermoplastic shall be between 10% and 15%. A. The softening point (ASTM E 28 Test). "all be a minimum of 90 or as the Engineer approves . I. Eeflectorized beads (Fed. Spec. TT-P-85) shall be employed in the material to the extent of not less than twenty percent (20%) ' nor more than 30 percent (30%) by weight of material. The glass beads used in the formulation shall have refractive indexes of not less than 1. 50 when tested by the liquid method at 25 degrees centigrade; shall consist of 90% min. by count of water white true spheres and shall be free from air inclusions. The beads shall have the following gradation unless the Engineer approves alternate sizes: U.S. Sieve No. Maximum Percent Passing 30 60% 50 15% 100 0% Not less than 90% of the spheres shall meet the following require- ments: 1. The surface of the spheres shall be smooth, 'lustrous and free from film, scratch and pits . PM - 2 of 5 25 H2M OW. / N=MACHER. MdMOON 6 MURRELL. P.C. OONSUMNO DW14 M AMO aMMMMMAI SO VITWM THERMOPLASTIC PAVEMENT MARKINGS - CONT'D. 2. The spheres shall be clear and transparent and shall not be ovate in shape or fused spheroids and shall meet ASTM D1155 speci- fications. 3. The spheres shall show high autocollimating efficiency. Not more than 1% shall be black, amber or milky. The compound shall not deteriorate by contact, with sodium chloride, calcium chloride, or other chemicals used against formation of ice on roadways or streets or because of the oil content of pavement materials or from oil drip- ping from traffic. J. Topdressing beads shall be beads with a refractive index of 1.50 and the same specifications as above in Paragraph 1. Paymentfor these beads shall be included in the cost of thermoplastic material. K. The night-time visibility an&reflectivity of the white and yellow thermoplastic lines shall be at least equivalent to reflectorized painted traffic lines having six pounds per gallon drop on beads of 1. 5 index of refraction after each has been applied side by side on heavily traveled roads for one month. 4 12.3 - INSTALLATION PROCEDURES ` A. Layout for the installation of pavement markings will be performed by the Contractor. In the event resurfacing is completed at a time when the thermo- plastic cannot be applied, the Contractor shall install temporary painte lines as directed by the Engineer. The Contractor shall install re- quired permanent thermoplastic lines when the road surface is the appropriate temperature. The Contractor in submitting his bid, hereby agrees that he shall have no claim for any damages due to such delay other than extended time to complete the work. Application for- exten- sion of time shall be filed by the Contractor with the Engineer at least 15 days prior to the contract date of completion. The cost of any required temporary painted lines shall be included in the unit price bid for Item 12. B. Installation procedures for thermoplastic materials shall be in accordance with the following: 1. Before any work is begun, a schedule of operations shall be submitted for the approval of the Engineer. Signs, cones and other traffic control devices necessary to conform maintenance of traffic operations to the New York State Manual of Uniform Traffic Control Devices shall be on hand for the Engineers inspection prior to the start of work. 26 PM - 3 of 5 NW CORP. / HOLZMACHER. McMOON 6 MURR" P.C. CONSUMNO C"NWA ANO DMAONMMAL 800IM" THERMOPLASTIC PAVEMENT MARKINGS - CONT' D. 2. Material shall be applied to the pavement at material temper- ature no lower than 360OF nor higher than 4200F. Installation shall be done only in seasonable weather, in accordance with good practice and in accordance with the manufacturer's recommendation. Immediately after application of the thermoplastic, drop on glass spheres (top- dressing beads) shall be mechanically applied while the thermoplastic is still sufficiently molten, such that the spheres will be held by and mechanically imbedded in the surface of the material, in order to provide immediate night reflectivity. 3. The material shall be placed in accordance with the layout lines marked by the Contractor and shall conform as closely as possible to these layout marks. 4. Cleaning Equipment - Equipment must be provided to insure removal o ust, debris, and other.,foreign-matter from the road surface immediately prior to the installation of the thermoplastic. 5. Condition of Pavement - The pavement shall be dry and free from oil, dirt, grease or other foreign contaminants at the time of instal- lation and the pavement temperature shall ' be above 550F and ambient temperature shall be 450F and rising. 6. Equipment for Melting and Heating Thermoplastic Material - A special kettle mounted on a mobile unit is required for melting and heating the material. Such equipment shall incorporate the following features : The kettle shall be of sufficient capacity to satisfy the minimum installation requirements of the material as specified hereafter ; The kettle shall provide means of heating the material by means of thermo- statically controlled heat transfer liquid rather than by direct flame, so as to provide positive temperature control and prevent overheating of the material; suitable temperature gauges to indicate liquid and material temperatures at all times shall be provided in the kettle; The kettle shall provide means of continually agitating the material while the material is being heated; the kettle shall have means of rapidly and efficiently discharging the liquid material into appro- priate application equipment; the kettle shall be equipped and con- structed in such a manner so as to satisfy the requirements of the National Board of Fire Underwriters and the appropriate agencies of the State of New York. 7. Application Equipment' - Equipment shall be provided to place the material on the pavement as a finished line. The portable hand operated applicator shall include the following features: L PM - 4 of 5 27 HSM CORP. / WXZMACHER. McUN00N 6 WRIt" P.C. CONSULM4 V*MNUM ANO OMWWMORAL SOMM" THERMOPLASTIC PAVEMENT MARKINGS — CONT'D. The applicator shall provide agitation for the material prior to its actual installation; the applicator shall provide means of maintaining the material at its proper application temperature(not lower than 360OF nor above 4200F) ; the applicator shall be equipped with an extrusionshoe (die) that shall maintain uniformity of speci- fied width, and thickness of not less than 3/16-inch of generally, uniform cross-section. The shoe(s) or die(s) shall be made available to the Engineer for inspection prior to the start of work; the appli- cator shall provide a means of cleanly cutting off the ends of each length; the applicator shall be capable of providing lines of vari- able widths from 4-inches to 12-inches by use of interchangeable parts ; the applicator shall be easily maneuverable and so constructed as to permit application of curved lines ; the applicator shall be provided with a bead dispenser cipable of uniformly dispensing reflective glass spheres (topdressing) at controlled rates of flow. The bead dispenser shall. be automatically operated in such a mhnner that it will only dispense beads while the material is being applied. The beads shall be dispensed at a rate of not less than one pound per 16-square feet of material. Equivalent to 1 pound per 48 L.F. of 4-inch line. The ap- plicators shall be equipped and constructed in such a manner so as to satisfy the requirements of the National Board of Fire Underwriters and the appropriate agencies of the State of New York. In addition, a truck mounted mobile applicator may be used for the installation of longitudinal lines. This pavement marking machine shall combine the specifications of the above described kettle and applicator in one self- contained unit. 12.4 - BASIS OF PAYMENT Payment shall be made under Item 12 at the price bid for the actual number of linear feet of four-inch-wide pavement marking material measured along the center of the surface stripe. No payment will be made for the number of linear feet of space in the dashed line. Payment fer markings wider than four inches will be made at contract price per foot of the four-inch line multiplied by the actual width in inches divided by four. Payment for arrows shall be made as equivalent to 50 feet of four-inch line per arrow. This item will be paid for at the contract unit price per linear feet of four-inch-wide pavement marking. The unit price bid shall include full compensation for furnishing all material, equipment, labor, and incidentals necessary to satisfactorily complete the work. All material includes topdressing beads. i 28 PM - 5 of 5 HOLZMACHER, MCLENDON&MURRELL,P.C. CpNEULiN10 EMWMEEM,tNVMONYEWAL SWOOTISM■N ftAWWM ADDITIONAL EXCAVATION AND BACKFILL ITEM 14 14.1 - SCOPE The work includes the furnishing of all labor, materials, equip- ment and appliances necessary to perform, stockpile and dispose of additional excavation, furnish and place additional selective backfill, perform and dispose of rock excavation in accordance with the speci- fications as ordered by and to the approval of the Engineer. 14.2 - STOCKPILING OF SURPLUS MATERIALS The Contractor. shall stockpile all materials that are excess from excavations that are suitable for reuse under this section of the specifications. The excess materials from excavations shall be stock- piled on property provided by and at -the expense of the Contractor. When ordered by the Engineer to provide backfill, the Contractor shall utilize all of the material stockpiled prior to furnishing "addi- tional backfill", for which separate payment will be made. At the completion of construction, all excess materials stock- piled will become the property and responsibility of the Contractor. There shall be no payment for maintenance of the stockpile herein described nor shall there by payment for rehandling any materials in the stockpile to incorporate it into the work. Payment shall be made only for the additional excavation required, if any, to remove unsuit- able materials From beneath normal excavation lines. 14. 3 - DESCRIPTION 14. 3.1 - Additional, Backfill, - ,Shall, consist of crushed stone or bank run sand and gravel, free from organic or other unsuitable material, and of approved size, grade and quality for use as indicated on the plans where directed by the Engineer. Prior to use, the Contractor shall submit for Engineer's approval, a sieve analysis of the special backfill. The material shall, be of such size that not more than 70 percent by weight shall pass the No. 40 mesh sieve and not more than 15 percent by weight shall pass the No. 200 mesh sieve. 14. 3,2 - Additional Excavation - Shall consist of the removal and dispos—al--oT any unsuitable fouroatloh material encountered during any pavement construction. Suitability of various materials as a foundation material will be decided by the Engineer. 6 2 AE&B 1 of 3 29 HOLZMACHER, McLENDON&MURRELL,P.C. OorMATWO1*00suft.G*VWW"6dT*4 adawavo ow RAUN M ADDITIONAL EXCAVATION AND BACKFILL (CONT'D. ) 14. 3. 3 - Rock Excavation - Shall be classified as boulders, hard 1 and solid ledge rock and other similar materials of more than one-half cubic yard (h c.y. ) volume. 14.4 - PLACING ADDITIONAL BACKFILL Additional backfill shall be spread in layers not exceeding 6-inches in thickness and shall be thoroughly compacted to prevent settlement. Any settlement in the finished work shall be made good by the Contractor at his own cost and expense. 14.5 - BASIS OF PAYMENT Payment will be made at the unit price bid under Item 14A for the actual number of cubic yards of Additional Badkfill as explained in Section 14.3.1, for additional selective backfill as ordered by the Engi- neer that is not already stockpiled by the Contractor for work ordered by the Engineer outside the prescribed limits as detailed on the pians or indicated in the specifications. No measurement and payment will be made for additional backfill used in unauthorized areas. The price bid .per cubic yard for additional ,badkfill shall include necessary ex- cavation and disposal and shall cover the cost of all materials and expenses incidental to the furnishing, placing and compacting the addi- tional backfill in the completed work, in accordance with the specifica- tions, or the Engineer' s directions. Bids on Item 14A shall, not be less than $2.-00 nor more than $10.00 Per cubic yard. Payment will be made under Item 14B at the unit price bid per cubic yard for additional excavation for the actual number of cubic yards removed below subgrade. Additional excavation shall be performed only when authorized by the Engineer. Bids on Item 14B shall not be less than $2.00 nor more than $10.00 per cubic yard. Payment for rock excavation will, be made at the unit price bid .€4r Item 14C and shall, be for the. actual number of .cubic yards of ledge .rock or boulders that must be removed in order to provide the proper subbase for pavement construction. In the excavation for pavement construction, the unit price to be paid for the rock excavation shall be the additional cost per cubic yard for rock excavation. No payment shall be made nor shall measurement be made b any rock • or boulder removed which did not exceed one-half cubic yard (� c.y. ) 6 in volume. 2 AE&B - 2 of 3 30 HOLZMACHER, MCLENDON 6 MURRELL,P.C. CONMKNrO ENOINEEM.ENYMONYENfAI tC1ENTMf/.n!RANNEM ADDITIONAL EXCAVATION AND BACKFILL (CONT'D. ) r Bids on Item 14C shall not be less than $3. 00 nor more than $50.00 r per cubic yard. Payment under these Items shall include furnishing all labor, mate- rial, equipment and incidentals necessary to perform additional excava- tion, furnish and place additional backfill and perform rock excavation. 6 2 AE&B - 3 of 3 31 HOLZMACHER. McLENDON 6 MURRELL. P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS ASPHALT CONCRETE TRUING AND LEVELING COURSE ITEM 51-TL 51. 1 SCOPE Under this Item the Contractor shall furnish and place a truing- up or leveling course over the existing pavement surface in accordance with the provisions of Item 51-TL of the SUFFOLK COUNTY PUBLIC WORKS SPECIFICATIONS OF NOVEMBER 1, 1968" , as amended. 51.2 BASIS OF PAYMENT The unit price bid per ton for this Item shall include the cost of furnishing all materials, labor and'equipmen"t necessary to construct the truing and leveling course, as required by the Plans and as ordered by the Engineer. 1 0 r i 32 ACTL - 1 of 1 HOLZMACHER, MCLENOON & MURRELL. P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS ASPHALT CONCRETE, TYPE lA (TOP COURSE) ITEM 51-FZ 1.0 - SCOPE Under this Item the Contractor shall furnish and place a one- course layer of top mix to the required thickness as shown on the plans, in accordance with the provisions of Item 51-FZ of the "SUFFOLK COUNTY PUBLIC WORKS SPECIFICATIONS OF NOVEMBER 1, 1968", as amended. 1. 1 - BASIS OF PAYMENT The unit price bid per ton for this Item shall include the costs for all labor, equipment and materials necessary to construct the top course as required by the Plans and these Specifications. Included in the unit price bid for this Item shall be thO cost to construct all re- quired "V" grooves and the cost to thoroughly sweep clean the existing roadway surface prior to any paving operations. 1 0 1 33 ACTC - 1 of 1 HOLZMACHER, McLENDON 6 MURRELL, P.C. / H2M CORP. CON3ULTING ENGINEERS AND ENVIRONMENTAL 3CIENTIST3 INDEMNITY, LIMITATION OF LIABILITY 1 . INDEMNITY The Contractor and all sub-contractors performing work in connection with this contract shall HOLD - HARMLESS, INDEMNIFY and defend the OWNER and ENGINEER, their consultants, and each of their officers, agents and .employees from any liability, claims, losses or damage including reason- able costs of defense arising out of or alleged to arise from the Con- tractor' s or sub-contractor' s negligence in the performance of the work described in the Contract documents, but not including liability that may be due to the sole negligence of the OWNER, ENGINEER or their officers, agents and employees. r, 2. LIMITATION OF LIABILITY The Contractor and all sub-contractors agree to limit the liability of the OWNER and ENGINEER due to the Engineer' s professional negligent errors or omissions such that the total aggregate liability of the engineer to those named shall not exceed fifty thousand ( $50, 000 . ) dollars, or 5% of the contract award amount, whichever is greater. 1 0 0 ILL 1 of 1 "ULLMAI-I1tN, MCLXr4LAJ Y Or MUnnLLL. rA.. I ►lam wnr. CONSULTING ENGINEERS AND ENVIRONMENTAL 6CIENTiM CONTRACT CONTRACT IN QUADRUPLICATE FOR AT TOWN OF SOUTHOI.D, SUFFOLK COUNTY , NEW YORK , dated 19 , BY AND BETWEEN THE 'TOWN BOARD OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY , NEW YORK , (herein called the "Town, " and (herein called the "Contractor" ) . WITNESSETH , that the Town and the Contractor, in consideration of the premises and of the mutual covenants , considerations and agreements herein contained , agree as follows: This Contract is hereby awarded to the Contractor for the work and material called for under his bid in the Proposal section of the Contract and designated as Items: and if required by the Consulting Engineer, Items: for the sum of Dollars for the unit and/or lump-sum price(s) as listed in the Proposal herein . C-1 HOLZMACHER, McLENDON 6 MURREU., P.C. / H2M CORP. CONSULTING ENGINEER• AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONTID. 1 . CONTRACT DOCUMENTS AND DEFINITIONS The Notice to Bidders, Information for Bidders, Proposal, General Conditions, Contract , Specifications and Plans, together with any Addenda , shall form part of this Contract , and the pro- visions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. The titles, headings, head- lines 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 Docu- ments" is used , it shall mean and include this Contract , the Plans, Specifications, any Addenda , and the Notice to Bidders, Information for Bidders, General Conditions and Proposal . In case of any con- flict or inconsistency between the provisions of the Contract and those of the Specifications, the provisions of the Contract shall govern. WORK: The ' term "Work" , as used herein, refers to 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 completed project , and includes all plant , labor, materials , supplies , equipment and other facilities and acts necessary or proper for or incidental to the carrying out and completion of the terms of this Contract . The term "work performed" shall be construed to include material delivered to and suitably stored at the site of the project. EXTRA WORK: The term"Extra Work" , as used herein, refers to and includes all work required by the Town which, in the judgment of the Engineer , involves changes in or additions to work required by the Plans, Specifications and any Addenda in their present form. SUBCONTRACTOR: The term "Subcontractor" , as used herein, shall mean any person, firm or corporation applying labor and material for work at the site of the project , but not including the parties to this Contract. ENGINEER: In the performance of the work, the Town shall be represented by its Consulting Engineer HOLZMACHER, McLENDON & MURRELL, P.C. , (herein called the "Engineer") . C-2 HOLZMACHER. MCLENDON & MURRELL. P.C. / H2M CORP. CON3ULTINO ENGINEERS ANO ENVIRONMENTAL SCIENTIST! CONTRACT - CONT' D. 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 the last known business address of , the person, firm or corporation for whom intended or to his, their, or its duly authorized agents, representatives or officers, or when enclosed in a postage prepaid wrapper or enve- lope addressed to such person, firm or corporation at his, their, or its last known business address and deposited in a United States Mail Box. 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, designa- tion or prescription of the Engineer, and "approved", "satisfied" , or "satisfactory" , "in the judgment of" , and words of like import, shall mean approved or acceptable to, or satisfactory to, in the judgment of the Engineer. 2. SCOPE OF THE WORK The Contractor will furnish all plant , labor , material, 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 the Contract . 3. COMPENSATION TO BE PAID TO THE CONTRACTOR (a) Agreed Prices : It is understood and agreed that the Con- tractor 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 reason of variations from the estimated quantities set forth in the Proposal. (b) Extra Work and/or Changes: The Town 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 : C-3 HOUMACHER, McLENOON 6 MURR" P.C. / H2M CORP. CONSUMNO ONOINECRS AND ENVI110NMOJTAL BCIENT M CONTRACT - CONT'D. (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 prices or by a lump sum mutually agreed upon by the Town and the Con- tractor, or (3) If no such unit prices are 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, or 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 percent (20%) as full compensation for all other items of profit , costs and expenses, including administration, overhead, superintendence, insurance, insurance other than Workmen 's Compen- sation Insurance, material used in temporary structures, allowances made by the Contractor to subcontractors, additional premiums upon the Performance Bond of the Contractor and the use of small tools. 4 s 4 . TIME OF ESSENCE Inasmuch as the provisions of this Contract relating to the time for 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 pro- visions are of the essence. of this Contract. 5. COMMENCEMENT OF WORK The Contractor agrees that he will commence work within ten <10) consecutive calendar days after signing this Contract, and tbat the day lie comiRences work shall constitute the first of the consecutive calendar days allowed for completion of the work. X C-4 HOLZMACHER, MCLENDON 6 MURRELL. P.C. / H2M CORP. CON'ULTINO ENGINEWS AND 9"RONMMAL SCIENT M CONTRACT - CONT'D. 6. TIME FOR COMPLETION The time for completion of this Contract shall be within the number of calendar days stated in the Bid Proposal and the date of such compl6tion shall be the date of the certificate of com- pletion hereinafter specified. The Town reserves the right to order the Contractor to suspend operations when, in the opinion of the Engineer, impro- per weather conditions make such action advisable, and to order the Contractor to resume operations when weather and ground con- ditions permit. The days during which such suspension of work is in force are not chargeable against the specified completion time. 7. LIQUIDATED DAMAGES FOR DELAY The time limit being essential to and of the essence of this Contract , the Contractor hereby agrees that the Town 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 two hundred and fifty dollars ($250.CO) per day 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 Town 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, provided, however, that the Town 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 completiqn of his 4 work by reason of unforeseeable causes beyond his control and with- 2 out his fault, or negligence, including but not restricted to Acts .of God or of any public enemy, acts or neglect of the Town # acts or neglect of any other Contractor, fires, floods, epidemics, quarantine restrictions, strikes, riots, civil commotion 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 Town. No such extension of time shall be considered a waiver by the Town of its right to terminate the Contract for abandonffitnt or delay by the Contractor as hereinafter provided or relieve the Contractor from full responsibility for performance Of his Pbliga- tions hereunder. C-5 RT HOLZhMACHER. McLENDON 6 MURRELJ. P.C. / H2M CORP. CON3ULTINO E NGINMA AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT' 1). 9. CONTRACT SECURITY j (a) 'Phe Contractor shall furnish a Performance Bond in an amount equal to one hundred percent ( 100`,'0) of the total. contract price as security for the faithful performance of this contract , and for the payment of all persons performing labor or furnishing mater- ials in connection with this Contract . (b) Additional or Substitute Bond : If , at any time, the Town shall be or become dissatisfied with any surety or sureties , then upon the Performance Bond, or if , for any other reason , such bond shall cease to be adequate security to the Town , the Contractor shall , within five (5) days after notice from the Town , substitute an acceptable bond in such form and sum, and signed by such other surety as may be satisfactory to the Town . The premiums on such bonds shall be paid by the Contractor. No further payments shall be deemed due , nor shall be made until the new surety shall have been qualified. (c) Prior to release of the Performance Bond , the Contractor shall deliver ' to the Town a Maintenance Bond equal to one hundred percent (100%) of the total Contract price , including all extras. This Maintenance Bond shall remain in full force and effect for a period of one (1 ) year after the date of the final certificate and such bond , which shall be executed by the Contractor and issued by a reliable, solvent surety company authorized to do business inthe State of New York shall guarantee to the Town that the Contractor shall promptly remedy any defects or faults that may occur within twelve (12) months after completion and acceptance of the work performed by the Contractor pursuant to this Contract . I 10. CONTRACTOR'S INSURANCE The Contractor shall not commence any work until he has obtained and had approved by the Town all of the insurance required under this Contract , as enumerated herein : Compensation Insurance Public Liability and Property Damage Insurance Contractor's Protective Liability and Property Damage Insurance Owner' s (Town of Southold) and Engineer's Pro- tective Public Liability and Property Damage Insurance Automobile Public Liability and Property Damage Insurance C-6 HWMACHER, MCLENDON 6 MURRELL, P.C. I H2M CORP. CONlULnNG ENOINURB ANO ENVIRONMENTAL BCIENTIM CONTRACT - CONT' D. The Contractor shall not permit any subcontractor to commence any operation on the site until satisfactory proof of carriage of the above required insurance has been posted with, and approved by, the Town. (a) Compensation Insurance: The Contractor shall take out and maintain, during the life of this Contract , Workmen 's Compensation Insurance for all of his employees employed at the site of the pro- ject , and in any case of any of the work being sublet, the Contractor shall require the subcontractor similarly to provide Workmen's Com- pensation Insurance for all of the latter's employees, unless such employees are covered by the protection afforded by the Contractor. (b) Public Liability and Property Damage Insurance: The Con- tractor shall take out and maintain during the life of this Contract such Public Liability and Property Damage Insurance as shall pro- tect him and any subcontractor performing work covered by this Contract for 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 , whether such opera- tions be by himself or by any subcontractor, or by anyone directly or indirectly employed by either of them, and the amounts of such insurance shall be as follows : Public Liability Insurance in the amount not less Man Five Hundred Thousand Dollars ($500,000. ) for bodily injuries, including wrongful death to any ones person, and subject to the same limit for each person in an amount not less than One Million Dollars ($1,000,000. ) on account of one accident. Property Damage Insurance in an amount not less than One Hundred Thousand Dollars ($500,000. ) for damages on account of any one accident and in an amount of not less than Two Hundred Thousand Dollars ($1 ,000,000. ) for damages on account of all accidents. (c) Liability and Property Damage Insurance: The above policies for public liability and property damage insurance must be so written as to include Contractor 's Protective Liability and Property Damage Insurance to protect the Contractor against claims arising from the operations of any subcontractor. C-7 HOLZMACHER, McLENDON 6 MURRELI. P.C. / H2M CORP. CON3ULTINO ENGINEERS AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT' D. (d) Owner' s and/or Engineers Protective Public Liability and Property Damage Insurance: (Town and/or Town Board, Town of Southold and/or Holzmacher, McLendon & Murrell, P.C. ) The Con- tractor shall furnish to the Town with respect to the operations he or any of his subcontractors perform, a regular Protective Public Liability Insurance Policy for and in behalf of the Town and/or Town Board, Town of Southold and/or Holzmacher, McLendon & Murrell, P.C. , providing for a limit of not less than $500,000. for all damages arising out of bodily injuries to, or death of one person and subject to that limit for each person, a total limit of $1,000, 000. for all damages arising out of bodily inju- ries to, or death of, two or more persons in any one accident ; and regular Protective Property Damage Insurance providing for a limit of not less than" $500,000. for all damages arising out of injury to, or destruction of, property in any one accident and subject to that limit per accident a total (or aggregate) limit of $1 , 000 ,000 . for all damages arising out of injury to, or des- truction of property during the policy period. The insurance must fully cover the legal liability of the Town and/or Town Board, Town of Southold as owner and/or Holzmacher , McLendon & Murrell, P.C. The coverage provided under this policy must not be affected if 4. the Town and/or Engineer performs work in connection with the project either for , or in cooperation with, the Contractor or as an aid there- to, whether the same be a part of the Contract or separate there- from, by means of its own employees or agents, or if the Town and/or Engineer directs or supervises the work to be performed by the Contractor. r (e) Automobile Public Liability and Property Damage Insurance: The Contractor shall take'-out and ,maintain during the life of the Contract such automobile public liability and property damage insurance as shall protect him and any subcontractor performing work covered by this contract 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 Con- tract , whether such operations be by himself or by any subcontractor, or by anyone directly or indirectly employed by either of them and the amounts of such insurance shall be as follows: C-8 HOLZMACHER. MCLENDON & MURRELL, P.C. / H2M CORP. CON3ULTINO CNGINEEA• AND ENVIRONMENTAL SCIENTIM CONTRACT - CONT' D. Automobile Public Liability Llsurance in an amount not less than Five hundred Thousand Dollars ($500,000. ) for bodily injuries , including wrongful death by any one person, and subject to the same limit for each person in an amount not less than One Million Dollars ($1,0001000. ) on account of one accident. Automobile Property Damage Insurance in an amount of not less than One Hundred Thousand Dollars ($100,000. ) for damages on account of any one accident and in an amount of not less than Two Hundred Thousand Dollars ($200,000. ) for damages on account of all accidents. 11 . PROOF OF CARRIAGE OF INSURANCE The Contractor shall furnish the Town with certificates of each insurer insuring the Contractor or any subcontractor under this Contract , except with respect to subdivision (d) of Paragraph 10. In respect to this paragraph, the Contractor shall furnish the Town with the original insurance policy and a copy to the Engineer. Both certificates, as furnished, and the insurance policy, as required, shall bear the policy numbers, the expiration date of the policy and the limit or limits of liability thereunder. Both the certificates and the policy shall be further endorsed to provide the Town and Engineer with any notice of cancellation at least five (5) days prior to the actual date of such cancellation. C-9 HOLZMACHER, MCLENOON 6 MURRELL. P.C. / H2M CORP. CONSULTING ENGINEER/ AND ENVINONMENTAL SCIENTIM CONTRACT - CONT" D. 12. COMPLIANCE WITH LABOR AND PENAL 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 Laws, as amended, provide 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 con- templated by this Contract , shall be permitted or required to work more than eight (8) hours in any one 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, except in such emergency; that the wages to be paid for a legal day's work as hereinbefore defined, to laborers, workmen, or mechanics upon the work called for under this Con- tract , or for any materials 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 1 person about or upon the work shall be paid the wages herein provided ; that employees engaged in the construction outside the limits of cities and villages are no longer exempt from the pro- visions of the Labor Law which required the payment of the pre- vailing rate of wages and the eight (8) hour day. Section 222 of the Labor Law, as amended by Chapters 556 and 557 of the Laws of 1933, provides that preference in employ- ment shall be given to ci-tizens 01 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 satis- factory 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 Ind-ustrial Commissioner, the Con- tractor 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 (30) days nor more than ninety (90) days , or both fine and imprisonment. C-10 H=MACHER, McLENDON 6 MURRELL. P.C. / H2M COHM CON3ULTINO ENOINELR@ AND EmVIRONMENTAL WENTISTO CONTRACT - CONT' D. • Section 220A of the Labor Law, as amended by Chapter 472 of the Laws of 1932, provides that before payment is made by or on behalf of the State or 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 sub- contractor to file a certified statement in writing, in satis- factory 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 Contract , 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 payment to any Contractor or subcontractor to the extent of the amount or 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 other reason, it may be deemed advisable, the Comptroller of the State or other financial officer of the Municipal Corporation may deduct from the whole amount of any payment on account thereof the sum or sums admitted by any Contractor or subcontractor in such statement or statements so filed to be due and owing by him on account of labor per- formed 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 Con- tractor 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, recon- struction, maintenance and/or repair of highways to which the State, County, Town and/or Village is a party shall contain the provision stating the minimum rate of hourly wage that can be 6 paid, as shall be designated by the Industrial Commissioner, 2 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 C-11 HOIZMACHER. MGIENDON 6 MURRELL. P.C. J H2M CORP. CONSULTING ENOINELR/ AND ENVIRONMENTAL SCIENTIM CONTRACT - CONT'D. ` 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 by both 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 or 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 Com- missioner , State of New York, for this Contract , are as set forth in the Information for Bidders. Section 1918 of the Penal Law, as amended, provides that 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 of 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 person, corporation or municipality conveying combustible gas, and if 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 disharge explosives to protect a person or persons from an immediate and substantial danger of death or serious personal in- jury if such notices are given before any such discharge is under- taken. Any such work shall be performed in such manner as to avoid damage to pipe conveying combustible gas. Any violation of the provisions of this Section shall be a misdemeanor. C-12 HOIZMACHER, MGLENDON & MURRELL. P.C. / H2M CORP. CON3ULTINO ENGINEERS AND ENVIRONMENTAL SCIENTIM CONTRACT - CONT' 1). 13. (QUALIFICATIONS FOR EMPLOYMENT No person under the age of sixteen ( 16) years , and no person currently serving sentence in a penal or correctional institution shall be employed to perform any work on the project under this Contract . No person whose age or physical condition is such as to make his employment dangerous to his health or safety , or the health and safety of others, shall be employed to perform any work on this project ; provided , however, that such restriction shall not operate against the employment of physically handi- capped persons , otherwise employable, where each person may be safely assigned to work which they can ably perform. 14 . NON-DISCRIMINATION There shall be no discrimination because of race, creed or color in the employment of persons for work under this Contract , whether performed by the Contractor or any subcontractor. Neither shall the Contractor or any subcontractor discriminate in any manner against or intimidate any employee hired for the perform- ance of work under this Contract on account of race , creed or color. There may be deducted from the amount payable to the Con- tractor by the Town 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 Con- tract may be canceled or terminated by the Town and all monies due or to become due hereunder may be forfeited. 15. PAYMENT OF EMPLOYEES The Contractor and each of his subcontractors shall pay each of his employees engaged in work on this project tinder this Contract in full ( less deductions made mandatory by law) in cash and not less often than once each week. C-13 HOLZMACHER, McLENDON 3 MURRELL,P.C. COMMYNIG ENONRE*&ENV00WANTAL SM04TWU�d PLM*W M CONTRACT - CONT' D. 16. ESTIMATES AND PAYMENTS (a) Monthly: At the end of each calendar month during the progress of the work, the Engineer shall make up an approximate estimate of the work done and the materials furnished, based upon the prices set forth in the Proposal. In consideration of the work done and the materials furnished, the Town will pay or cause to be paid to the Contractor the amount estimated by the Engineer as due him less a sum equal to five percent (5X) of such amount and less such additional amount as may be necessary to satisfy any claims, liens or judgments against the Contractor which have not been suitably discharged. The making of any such estimate or payment made thereon shall not be taken or construed as an acceptance by the Engineer or the Town of any work so estimated and paid for. The amount of the monthly estimate remaining unpaid will be retained by the Town as a guarantee that the Contractor will faithfully and completely fulfill all obligations imposed by the Contract and Specifications, and against any damages incurred by the Town by reason of any failure on the part of the Contractor to fulfill all conditions and obligations herein contained. All partial payments are subject to correction in any subse- quent payment. The retained amounts shall be paid as set forth in 16b. The Contractor shall receive payment within ten (10) days after the Town receives payment from the New York State Department of Transportation. (b) Final Certificate: Thirty (30) days after the Contractor shall have substantially completed the work required of it under the Contract, the Engineer will prepare a final certificate of the remaining amount of the Contract balance less a sum equal to two (2) times the value of any remaining items to be completed and less an amount necessary to satisfy any claims, liens or .judgments against the items of work are satisfactorily completed or corrected, the Town shall promptly pay, upon receipt of a requisition for these items less an amount necessary to satisfy any claims, liens or judgments against the Contractor which have not been suitably discharged. Any claims, liens and judgments referred to in this section shall pertain to the project and shall be filed in accordance with the terms of the applicable Contract and/or applicable laws. The Contractor shall receive payment within ten (10) days after the Town receives payment from the New York State Department of Transpor- tation. (c) In order to secure the performance of the convenant of the Contractor, prior to release of the Performance Bond, the Contractor shall deliver to the Town a Maintenance Bond equal to one hundred percent (100X) of the total Contract price, including all extras. This Maintenance Bond shall remain in full force and effect for a period of one (1) year after M the date of the final certificate and such bond, which shall be executed by the Contractor and issued by a reliable, solvent surety company authorized to do business in the State of New York shall guarantee to the • 8 Town that the Contractor shall promptly remedy any defects or faults that 2 may occur within twelve (12) months after completion and acceptance of the work performed by the Contractor pursuant to this Contract. C-14 HOLZMACHER, MGLENOON & MURRELL. P.C. / H2M CORP. CON3ULTINO ENGINELAS ANO ENVIRONMENTAL SCIENTIS" CONTRACT - CONT' U. (d) Measurements for Payment : The Engineer shall make due measurement of the work done during the progress of the work and his estimate shall be final and conclusive evidence of the amounts of work performed by the Contractor under, and by virtue of , this agreement , and shall be taken as the full measure of compensation to be received by the Contractor. When requested by the Contractor, the Engineer shall measure , re-measure or re-estimate any portion of the work ; but the expense of such re-measurement or re-estimating shall , unless material error be proved , be paid for by the Contractor. 17. 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 Town from all claims and all liabilities to the Contractor for all things done or furnished in connection with this work and for every act and neglect of the Town and other relating to , or arising out of , this work, excepting the Contractor ' s claims for interest upon the final payment , if this payments be improperly delayed. No payment , however, final or otherwise , shall operate to release the Contractor or his sureties from any obligations under this Contract or the Performance Bond. 18. CONSTRUCTION REPORTS The Contractor shall, submit to the Engineer prior to the commencing of any work under this Contract a detailed schedule and plan of operation, indicating the manner in which the Contractor proposes to prosecute the work, and a time schedule therefore. 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 Contractor shall furnish the Engineer with periodic esti- mates for partial payments as required elsewhere in the Contract documents and, in addi.tion thereto , will furnish the Engineer with a detailed estimate for final payment . Prior to being eligible to receive 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 other than the Town as may be required by such existing laws or regulations . C-15 HOLZMACHER, McLENDON 6 MURRELL, P.C. / H2M CORP. CON]ULTINNI ENOINMS AND ENVIRONMENTAL SCIENTIST?! CONTRACT - CONT' D. 19. INSPECTION AND TESTS All material and workmanship shall be subject to inspection, examination and test by the Engineer and other representatives of the Town at any time during the construction and at any and all places where manufacturing of materials used and/or construct- tion is carried on. Without additional charge , the Contractor shall furnish promptly all reasonable facilities , labor and materials neces- sary to make tests so required safe and convenient . If, at any time, before final acceptance of the entire work, the Engineer considers necessary or advisable an examin- ation 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 expenses of or 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 examin- ation and reconstruction in the manner herein provided for the payment of costs of. extra ,work. The selection of laboratories and/or agencies for the in- spection and tests of supplies, materials or equipment shall be subject to the approval of the Engineer. Satisfactory documen- tary evidence that the material has passed the required inspec- tion and test must be furnished the Engineer prior to the incor- poration of the material in the work. Any rejected work shall be removed from the site of the project completely at the expense of the Contractor. C-16 HOIZMACHER, McLENDON 6 MURRELL. P.C. / H2M CORP. CONSULTING ENGINEER& AND ENVIRONMENTAL SCIENTISTS CONTRACT' - CONT' D. 20. PLANS AND SPECIFICATIONS - INTERPRETATIONS The Contractor shall keep at the site of the work one copy of the flans 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 on the Plans shall have the same effect as if shown or mentioned respectively in both. In case of any conflict or inconsistency between the Plans and Specifications , the Plans shall govern. Any discrepancy between the figures and specifications shall be submitted to the Engineer, whose decision therein shall be conclusive. 21. SUBSURFACE CONDITIONS FOUND DIFFERENT Should the Contractor encounter subsurface conditions at the site materially differing from those shown on the Plans or indi- cated 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. y 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 . 22. CONTRACTOR'S TITLE TO MATERIALS No material or supplies for the work shall be purchased by the Contractor or by 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. 23 . SUPERINTENDENCE BY CONTRACTOR At the site of the work the Contractor shall employ a Con- struction Superintendent or foreman who shall have full authority to act for the Contractor. It is understood that such represen- tative 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. C-17 HWMACHER, McLENDON 6 MURRELL. P.C. / H2M CORP. CONDULTINO ENOINELFIS ANO ENVIRONMENTAL SCIENTISTS CON'T'RACT - CONT' D. 24 . PROTECTION OF WORK PERSONS AND PROPERTY Precaution shall be exercised at all times for the proper protection of all persons , property and work. The safety pro- visions 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 Town or its Engineer to adequately safeguard the traveling public . The Contractor shall give notice to the owners of all utilities which may serve the area and request their assistance in pre- determining the location and depth of the various pipes , conducts , manholes and other underground facilities . 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 Town or its duly authorized y representatives . The Contractor shall provide and maintain such watchmen, barriers , lights , flares and other signals, at his own expense, as will effectively prevent any accident in consequence of his work for which the Town might be liable. The Contractor shall be liable for all injury or damage caused by his act or neglect, or that of his employees; 25. PATENT RIGHTS As part of his obligation hereunder and without any ad- ditional 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 Town for any loss on account of any infringement of any patent rights , unless prior to his use in the work of a particular process or a product of a particular manufacturer, he notifies the Town in writing that such process or product is an infringement of a patent. M C-18 HOLZMACHER, McLENDON 6 MURRELL, P.C. / H2M CORP. CONSULTING ENGINEERS ANO ENVIRONMENTAL BCIENT15" CONTRACT - CONT' D. 26. REPRESENTATIONS OF CONTRACTOR The Contractor represents and warrants : (a) That he is financially solvent and that he is experienced in and competent to perfrom 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 lie is familiar with all Federal , State and Municipal Laws , 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 it is intended and that such construc- tion 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 investigation lie has satisfied himself as to the nature and location of the work, the character, location, quality and quantity of surface and sub- surface materials , structures and utilities likely to be encountered, the character of equipment, and other facilities needed for the performance of the work, the general local conditions which may in any way affect the work or its performance. 27. 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 all 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 d her questions in connection with the work. Upon request, the Engineer shall confirm in writing any oral orders , directions , requirements or determinations . The enumera tioi herein or elsewhere in the contract documents of particular instances in which the opinion, judgment , 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 so performed, but without exception all the work shall be governed and so performed. C-19 HOLZMACHER, McLENDON&MURRELL,P.0 CONSULTING ENGINEERS.ENVIMONYENTAL SCIENTISTS--PLANNERS CONTRACT - CONT'D ' 28. SURVEYS The Engineer will furnish the Contractor with the benchmarks necessary to complete the work.. All further layout of lines and grades will be the responsibility of the Contractor. 29 . CHANGES AND ALTERATIONS The Town reserves the right to make alterations in the location, line, grade, plans, form or dimensions of the work, or any part thereof, either before or after the commencement of the 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 . s 30. CORRECTION OF WORK All work and all materials, whether incorporated into the work or not, all processes of manufacture and all methods of con- struction shall be, at all times and places, subject to the in- spection 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. Rejected materials shall im- mediately be removed from the site. 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 judgment of the Engineer, shall be equitable. • The Contractor expressly warrants that his work shall be 6 free from any defects in materials or workmanship, and agrees 2 to correct any defects, settlements, or shrinkages which may appear within one year following the date of the final certi, ficate. Neither the acceptance of the completed work nor SOHT C-20 81-01 HOLZMACHER, MCLENDON 6 MURRELL. P.C. / H2M CORP. CONSULTINa CNOINE[RS AND ENVIRONMENTAL SaENTIS" CONTRACT - COMP' D. payment therefor shall operate to release the Contractor or his sureties from any obligations under or upon this Contract or the Performance Bond. 31. WEATHER CONDITIONS In the event of temporary suspension of the 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 materials shall have been damaged or injured by reason of the failure on the part of the Contractor or any of his subcontractors to protect his , or their work, such work and materials shall be removed and replaced at the expense of the Contractor. 32. THE TOWN' S RIGHT TO WITHHOLD PAYMENTS The Town may withhold from the Contractor so much of any approved payments due him as may , in the judgment of the Town, 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 Town from loss. due to defec- tive work not remedied, or (c) To protect the Town 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 Town shall have the right, as agent for the Contractor, to apply any such amounts so withheld in such manner as the Town may deem proper to satisfy such claims or to secure such protection. Such application of such money shall be deemed payments for the account of the Contractor . C-21 HOLZMACHER, MGLENOON 6 MURRELL. P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT ' D. 33. THE, TOWN 'S RIGHT TO STOP WORK OR TERMINATE CONTRACT: Ir, (a) The Contractor shall. be adjudged bankrupt or make an assignment for the benefit of creditors , or (b) A receiver or liquidator shall be appointed for the Contractor for any of his property and shall not be dismissed within 20 days after such appointment , or the proceedings in connection therewith shall not be stayed on appeal within the said 20 days , or (c) The Contractor shall refuse or fail , after notice or warning from the Engineer, to supply enough properly skilled workmen or proper materials , or (d) The Contractor shall refuse or fail to prosecute the work or any part thereof with such diligence as will insure its completion within the period herein specified (or any duly authorized extension thereof) or shall fail to complete the work within said period , or (e) The Contractor shall. fail to make prompt payment 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 provision of this Contract , then, and in any such event , the Town, without prejudice to any other rights or remedy it may have, may by seven (7) days notice to the Contractor, terminate the employ- ment of the Contractor and'-his rights to proceed either as to the entire work or (at the option of the Town) 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 Town may deem expedient . In such case, the Contractor shall 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. C-22 91lA1/MM— 1 .M. rAGLLMUNr4 Oa MUKKLLL.� P.L.. / ►1LM LA.Mr.. CON3ULTINO CNGINEEAS AND ENVIRONMENTAL BCIENTIM CONTRACT - CUNT' U. If such expense shall exceed the unpaid balance, the Contractor and his sureties shall be liable to the Town for such excess . If the right of the Contractor to proceed with the work is so terminated, the Town 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 Town does not so terminate the right of the Contractor to proceed, the Contractor shall continue the work. 34 . CONTRACTOR' S RIGHT TO STOP WORK OR TERMINATE CONTRACT If the work shall be stopped by order of the Court or any other public authority, for a period of three months without act or fault of the Contractor or of any of his agents , servants , em- ployees or subcontractors , the Contractor : may, upon ten (10) days notice to the Town, discontinue his performance of the work and/or terminate the Contract , in which event the liability of the Town to the Contractor shall be determined as provided in the paragraphs immediately preceding, except that the Contractor shall not be obligated to pay to the Town any excess of the expense of completing the work over the unpaid balance of the f compensation to be paid to the Contractor hereunder. 35. RESPONSIBILITY OF WORK The Contractor agrees to be responsible for the entire work embraced in this Contract until its completion and final acceptance, and that any unfaithful or imperfect work that may become damaged from any cause, either by act of commission or omission to properly guard and protect the work that may be dis- covered at any time before. the completion and acceptance shall be removed and replaced by good and satisfactory work without any charge to the Town 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 of any work by the Engineer at or before the time of a partial payment -or other estimate shall not be construed to be an acceptance of any defective work. C-23 HOLZMACHER, MCLENDON 6 MURRELL. P.C. / H2M CORP. CONSULTING ETIOINELRS AND ENVIRONMENTAL SCIENTISTS CONTRACT - COW, D. 36. USES OF PREMISES AND REMOVAL OF DEBRIS The Contractor expressly undertakes at his own expense: (a) to take every precaution against injury to persons or damages to property ; (b) to store his apparatus , materials , supplies and equip- ment 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 ; or other contractors ; (c) to place upon any of the completed work only such super- imposed loads as are consistent with the safety of that portion of the work ; (d) 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 and orderly and workmanlike appearance ; (e) before final certificate, to remove all surplus material, temporary structures , plants of any description and debris of any and every nature resulting from his operations and to put the site in a neat and orderly condition . 37 POWER OF THE CONTRAC''OR TO ACT IN AN EMERGENCY In case of an emergency which. threatens loss or injury to property and/or safety to life, the Contractor will be permitted to act as he sees fit without previous instructions from the En- gineer. Ile shall notify the Engineer thereof immediately there- after 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. Wbere 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 in- structed 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. C-24 MUl111AAL.HLN, MCLLNLK)N d MUNNLLL, F.C. / HLM (;UNI'. CONJULTINU ENGINEERS AND ENVIRONMENTAL SCIENTISTS CONTHACI' - CONT' 1). 4 38. SUITS AT LAW The Contractor shall indemnify and save harmless the Town from and against all suits , claims , demands or actions for any injury sustained or alleged to be sustained by any party or parties in connection with the construction of the work or any part thereof , or any commission or omission of the Contractor , his employees or agents or any subcontractors and in case any such action shall be brought against the Town, the Contractor shall immediately take care of and defend the same at his own cost and expense. 39. 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 be read and 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 forthwith be physically amended to make such insertion. 40. 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 obtain- ing the written consent of the Town. This Contract shall endure to the benefit of and shall be binding upon the parties hereunder and upon their respective successors and assigns, but neither party shall assign or transfer his interest herein in whole or in part without consent of the other. 41 . WAIVER OF IMMUNITY If any person, corporation, or body contracting with the Town , who when called before a grand jury , head of a city department , or other agency, which is empowered to compel the attendance of wit- ness and examine them under oath, to testify in an investigation concerning any transaction or contract had with the state, any polit- ical subdivision thereof, a public authority or with any public department , agency or official of the state or of any political sub- division thereof or of a public authority, refuses to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant question concerning such transaction or contract , then C-25 • '--..__.. _. .........mow ... i . .,.. Hn�r. CONSULTING ENGINEER• AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT' 1). (a) such person, and any firm, partnership or corporation of which he is a member, partner, director or officer shall be disqual- ified from thereafter selling to or submitting bids to or receiving awards from or entering into any contracts with any municipal corp- oration or fire district , or any public department , agency or official thereof, for goods , work or services , for a period of five years after such refusal (b) any and all contracts made with the Town or any agency or official thereof , 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 Town 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. s C-26 HMLMACHtN, MCLLN XJN & h4UNNtL.L, r.l.. / HLm wnr. CONSULTING ENGINEER! AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT' D. • IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. TOWN OF SOUTHOLD BY : (TOWN SEAL) William R. Pell III , Supervisor (SEAL) Contractor BY : TITLE : STATE OF NEW YORK ) ) ss: COUNTY OF SUFFOLK ) • On the day of_ _ 19__, before me personally came William R. Pell III , to me known, who being by me duly sworn, did depose and say that he is the duly elected Supervisor of the Town of Southold, County of Suffolk, New York , and that at a meeting of the Town Board of the Town of Southold, duly held on the day of 19 , the said Board, authorized the said Super- visor to execute all and any contracts on behalf of the Board; that he knows the seal of the said Town, that the Seal affixed to the foregoing instrument is its corporate seal ; that it was affixed thereto by order of the said Board , and that he signed his name thereto and executed the said instrument on behalf of the said Town by like order and authority . NOTARY PUBLIC C-27 IIV\iIw/\\.1ILI\I AIV�/ WI• W Iw V1\I\L W. 1 .�. / 11�.� v .\I . CONSULTING ENGINEEAS AMC) ENVIRONMENTAL SCIENTISTS CONTRACT - CONT' D. A ACKNOWLEDGMENT OF CONTRACTOR , IF A CORPORA'T'ION STATE OF NEW YORK) ) SS: COUNTY OF ) On this day of 19 before me personally came and appeared to me known, who by me being duly sworn, did depose and say that he resides at that he is the of the Corporation described in and which executed the foregoing in- strument , that he knows the seal of said corporation, that one of the seals affixed to said instrument is such seal , that it was so • affixed by order of the Directors of said corporation, and that he signed his name thereto by like order. NOTARY PUBLIC ACKNOWLEDGMENT OF CONTRACTOR IF A PARTNERSHIP STATE OF NEW YORK) SS: COUNTY OF ) On this day of 19 before me personally came and appeared to me known, and known to me to be one of the members of the firm of , described in and who executed the foregoing instrument , and lie acknowledged to me that he ex- ecuted the same as and for the act and deed of said form. NOTARY PUBLIC C-28 "I/'GROOVE 40CA7-10AJ MEET Er IS rlAX G s .,� "e- r,� EASTERN LIMIT OF ALTERNATE BID � Sti�°\� 2 5�b3 y2 h2 all y �2 4 S 5t a3 y, � 2� 1y y2�,�o) ( 5 h2 ( s S Flow Rid BTs _�� ,� 62gZ°4 �'Zg2$1) y2 s r3 0 0 X33 9 0 e1 h24�oa1 53 0 �S3r6 0 Sze a6 0 �ssza o �szo3 E � 515t 5tl a 8 SOB o3$ o 5 A 5i �\ b 3 O �(1 m N � o p (5� 1021h hCn N59y 11 ' g3S(59 ( 9>) a tYv S g N 2 � 2o C63�/3J � N 111y2 gl ��j2' (5 (C�2 522°1 6' k S�86 3z O r:sSl �q 1�)s o (S 68 p .� Iq 6) "� a�1 C�>2 C`' ip B� s. Ro so 0�s�g 0 •.2 O N p 25 5� y �� C52 153 cf- J So >2 O s N lsx ° o R3 H N 2 y2'' yZ 2 �> lh yZ' \\ /Z'CMP 5 51 al s J a �Sa s xS o N N 2� y2 Z ati 52 �7 ( 5 O 1 d 2 h5� 52' a2 (h2 L5 51 D7 o a cn >� r N 2 5 q y2 t 5 q5 W N 52�Ia o 60, h D M W a y9 t�03e1 C59 AVENUE C5 t .1 3» N qA ��rc gp,� h y3�2 �y3 ` W -3a5) �y3 SOUND W C = hyo N V N "1/"GROOVE L o�'AT/o.V Q B • PLAN SCALE 1 "=40' N07-,E : BASE ANo B/HOER COURSE ,�yr1LG BE .GA/D oti/ sAME oAY GENERAL NOTES 1. The Contractor must provide advance notice of excavation to each operator of underground facilities listed in the Central RcQ; stry B/NDER COURSE To TEMPORARY PAVEMENT PLACED ,BY 7OW.t/ of the Town of Southold per Industrial Code 53 . MEET E.t'/S7W ' 4,0c14CEA17- FORCES TD BE REMOVED AND TRENCH 2 . Under no condition will materials be stockpiled in any thoroughfare B/HOER COURSE or blocking access to residences . P.l vEMEN T• ( P W /TE S/ T AREA TO BE RESTORED ij s` PER PA VEMENT R45-S 70AI DETA/L. TYPE !A BASE COURSE :::::;:.`:: 3 . The Contractor is responsible for determinin,; the location of any �:.::.•;�$COPIN /TEM �fS SP) lU - underground utilities , gas r.i iins , electric ,:r,d telephone conduit_. . No extra compensation w � ill I c_ ,,,ade to t-he c,>n P L tractor for an ' r - y i i�on- venience caused him by encountF,ring t}<e aforementioned utilities. Ti-ie Contractor- shall be responsible fear cuerdinating the relocation _ AVEW c.EACH/NG POOL ? , r•:>•'r r and/or protection of any underground oar above-ground utilities wit:, CD�t-IPACT�D GRANULAR ,: W/oROP /wLET the respective operator. ',<,.;.,er;�e,+".>v;:..,.,aera•;»..:•.w.y,ve,p,.>.•y�,K`.. r..n^•' ,.' 'e.' '�` - ' > ' ,' �;>- ;;.-•._ ;::- . 4 . Bids shall be based on normal seasonal workingconditions , without H' . frost penetration greater than 4 inches . S . Aaditional backfill , additional excavation and rock excavation shall EDGE of fjSPNfIGT Trp be under Item 14-A, 14-B, and 14-C respectively , if specifically ordered by MEET Ex/5T/N� r,RAAE FORM D/Sh�BEH/CJD DROP/�vLET the Engineer. - OFRDADS/DE GUTTER, EXTEND/.vG 'BEN/ND REAR EDGE 6 . The Contractor is , responsible for ma intenace and protection of. traffic• DETAIL FOR PAVEMENT RESTORATION AND REPLACEMENT OF' /NGE7-. LENGThHOFL>/S.-ITOMA7-Cf! and shall perform daily cleanup operations, which include sweeping P g NO SCALE EX 0AVAT/On/ L/M/TS OFI'VE K/ LEACf//�/!� of roadways , etc . , removal of debris and excess construction materials , POOL . PAVEMENT COA/STRUCT/O�c/ fjS all to the satisfaction of the Engineer , under Item 10 , or be fined PER RESToRA7"iON oET,�/G. daily, as outlined in the Specifications . 7 . The Contractor ' s attention is directed to the golden nematode quarantine of the New York State Department of Agriculture and PAVEMENT RESTORATION AT DROP INLETS Markets regulating the movement of topsoil , machinery and equipment in Nassau and Suffolk Counties with req_ ard to the excavation of NO SCALE excess topsoil . TRANS/T'/ON LENGTH 8 . The Contractor is hereby notified to call Holzmacher, McLendon & (SEE ACCOMPsi�c1Y/NG TABLE) Murrell, P.C. , at least 24 hours prior to the commencement of work -V-1G/,TOOVE- BEG//V FEATyER/NG DOW" at 727-3480 . Notification will also be required at least 24 hours L OCA T/ON TO MEET EX/ST/�C/G P,gVEti1ENT prior to resuming work after any prolonged stoppage or delay . 1AVEW .. ................... . ...............-....... ..................... ..................... ............. . �t/EAf?/NG CDU•`?SE 2,. .......... .. .. ...... ...... EX/ST/N6 WEAR/it/G COURSE / �� YPE /A l t/EAR/NG COURSE z 7 /:::::::: (scoPw /TEM _6 • PRD PDS ED � GR,9 DE V' GRDOI�E �2"j't//OE BY /`DEEP Designed By: Project No: S�+I SOHT-81-01 N PAVEMENT TI G XIT E S INTO ...._ W IO N R NOr THE Gaw R EAn6 OF .DETAIL ��� �• �••�.::.:::::::::::::"':::::::::::::::'::::::::�:�:':.- y• D awing No: S O U T H O L D Checked B NO SCALE y: Scale: AS SHOWN Reviewed By: Date: TACK COAT v�� JUNE 1982 RESURFACING OF SOUND AVENUE EX/ST/n/G SURFACE Revisions: SEPTEMBER 1982 AT WESTERN TOWN LIMIT EX/ST//VG ROADWfiY TRU/N6 �` GE✓EL/NG AS /PEQU/RED ' LOCATION OF TRANSITION LENGTH CROSS SECT/ON �SCOPjt/ TEM S/ TL) ENG/NEER TRANSITION BEGINNING Consulting Engineers 516.752.9060 STA. 0+00 10, PAVEMENT RESURFACING DETAIL Environmental Scientists 516.694.3040 ❑ STA. 36+00 40 � r Planners 516.694.3410 ❑ NO SCALE ;oo�• Holzmacher , McLendonMurrell , P . C . Melville, N.Y. Riverhead, N.Y. Farmingdale, N.Y. v Sheet Title: PLAN ( STA. 24+00 TO STA. 36+00) Sheet "ALTERATION OF THIS DOCUMENT,EXCEPT BY A DETAILS AND GENERAL NOTES 3 Of 3 LICENSED PROFESSIONAL ENGINEER,IS ILLEGAL" U' Z Z r r • A V H 5 0 qq� � ecs>aA 1 0$ p e-�3 s (0 > 6 b 5 S�t �5�s6�2Sz pO y9a S6S36 o IO S �(iW�� yb 1 5b• 1h 6) 9 (O�8 ° 0 C0b �g53 1y ( hbIZ F 0 hG r� _e � 6 6S ( Ill 90 0 (r3 > O � > h56 7 s6 6 rgo 8 o o I5° I > b SO S h10 S6 ; � 56 ql) 5%8a� FJb a0� b� y> 5tob12� bg $� 5p , S� S6z9 O 02, g2oq� v° ( �5� 5g• ,18� SOUND AVENUE V GROOVE LOCATiO/V AT a R/VERNEAD—SOUTHOL.D BORDER r A j rA 300 ^yq� 5y iy ahl Says°gl 5 5S 19) 319 �a> DW Y, 54a R �ysa:�� ( C s rya y2h��ro1 b Q3d � 5`' �',11� �S.$ �SSS9 O �s�ju) qq507 SS ° N9J OI2a� EASTERN LIMIT OF BASE BID 4,4 b I'13� A W 55Q11 �555� rss6 0 X593 A ay 55,Ibah� g5�25 552,��� I1 3eJ 0 �So�> 0' Ry yl`5 2 q3' ' U J 6y 5511 55 s 90 �' y\ 53 t7 y55aS� �g5h (5 ( 5(yab y�z1�� 9 N o oay 052501 5�0 rs62101 / N z29J �Sz Ch2' yy52g8> 4q , ro h 55 S>N a 3 (� 5 IQ 5 5�� SS s6oR og c` 5ao� ya5�� 5 (�' 4kq� 5 N S\S +q 3�-0 0 ` S��� > �L /� r ( la a• 1 N 3 p s C is /I-� C Iz1'� a s N �S R3 0 0 (S\o a 5283 PIPE iN I- a$A o I E 4� ( y�?�q; N m %J to rs xo � R I 55h� C55 6 'ROUAID (5 (S•I V �y 5 52 4' Jill i N STORK/ ORA/NAGE FACILIT/ESAND (�2 s�/Z¢' z4 W �I OL1_ ■ `�` ,B Y TOW/V FORCES. PA EMEA/T /PESTORAT/O/V W V I "1/"L ROO VE L O CAT/OA/ TD BE P6RF oRMEO BY CONTRACTOR. SEE (V = W co Q SHEET 3 OF-3 FOR TYPICAL RESTORAT/ON f— OE7'A/L. AT DROP /NC.ETS. Q n PLAN { SCALIE 1"- 40' I PROPOSED PAVEMENT MARKINGS 1 ) 4" WIDE (WHITE) THERMOPLASTIC STRIPE ALONG BOTH EDGES OF ROADWAY. 2) ALL OTHER STRIPING REPLACED IN KIND WITH THERMOPLASTIC PAVEMENT MARKINGS, LEGEND SPECIAL NOTES O° - EXISTING PAVEMENT GRADE 1) This resurfacing project is being pccrfc->rt:lcd .in conjunction with the, instal- lation of storm drainacte leaching p(nol:;, by Southold `1'own_1,'orce. :.t the PROPOSED GRADE AFTER RESURFACING time of construction, the Town will have completed the installation of the (hrO storm drainage facilities and the tlen,j-,,)rary pavement indl-cated on the plans Designed 6y: Project No: will have beenlaced. under this_ Icontrcict the Contractor wiea gll lJe re uirSAH SOHT-81-01 TOWN OF SOUTHOLD APPROXIMATE LIMITS OF TOWN PLACED f' Drawn By: Drawing No: • to remove and dispose of all temporary j�avement, and to restore the 'Town ' :• c/E� TEMPORARY PAVEMENT (SEE SPECIAL NOTES) trench and excavation areas in acco,rciance with the accompanying detail or. Checked By: Scale: • 57N Sheet 3 of 3 . I 40� Reviewed By: Date: ADDITIONAL PAVEMENT TO BE REMOVED AND REPLACED RESURFACING OF SOUND AVENUE 2) Detailed cross ;�ection:� at the vari,ou:• stations have: been prepared and are �� JUNE 1982 available at the Engineer ' s office to those Contractors requesting them. 1'or Revisions: EDGE OF EXISTING ROADWAY further information, contact Mr. Stever, j-jyman at telephone (516) 752-9060. SEPTEMBER 1982 AT WESTERN TOWN LIMIT .e' EXISTING UTILITY POLE 3) Additional pavement restoration rimy be ordered (at the Engineer ' s discretion) at those locations where subgrade failure is evident or the existinq pavement , cross section is considered too poor to pave over . All such pavement restor- ation shall be paid for on a unit price basis and shall be in accordance Consulting Engineers with the pavement restoration detai 1 cn sheet 3 of 3 . 516.694.3060 .y Environmental Scientists 516.694-3040 ❑ 4) THE BASE BID FOR THIS PROJECT SHALL INCLUDE ALL WORK FROM STA. 0+00 TO STA. 24+00. 516.727.3480 F1 Planners 516.694.3410 ❑ ADDITIONAL WORK BETWEEN STA. 24+00 AND STA. 36+00 IS INCLUDED IN THE ALTERNATE BID FOR THIS PROJECT. Holzmacher, McLendon & Murrell , P. C . Melville, N.Y. Riverhead, N.Y. Farmingdale, N.Y. Sheet Title: Sheet t "ALTERATION OF THIS DOCUMENT,EXCEPT BY A PLAN (STA. 0+00 TO STA. 24+00) r LICENSED PROFESSIONAL ENGINEER,IS ILLEGAL" 2 �f 3 • R 1 s Uz4tHOLZMACHER,McLENDON and MURRELL,P.C. Consulting Engineers. Environmental Scientists and Planners M*IvlIIe.N.Y. Farmingdale.N.Y. Riverhead.N.Y. PRATT & PRATT, INC. RECEIVED' METTIEM O1F 608 Union Avenue HOLTSVILLE, NY 117420 ''� ; DATE / JOB NO. (516) 289-6100 Town Clerk Southold ATTENTION '�— TO RE: 012 l GENTLEMEN: WE ARE SENDING YOU Attached ❑ Under separate cover via the following items: ❑ Shop drawings /❑`Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order ❑ COPIES DATE NO. DESCRIPTION THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested �E] Rq rned for corrections ❑ etur corrected prints El For review and comment 1 ❑ FOR BIDS DUE 19 PRINTS RETU NED AFTER LOAN TO US REMARKS COPY TO SIGNED: FORM 240-3 Available from �Inc.,Groton,Mess.01450 If enclosures are not as noted, kindly notify us at once. TOWN OF SOUTHOLD SUFFOLK COUNTY NEW YORK CONTRACT AND SPECIFICATIONS FOR RESURFACING OF SOUND AVENUE AT THE WESTERN TOWN LIMIT PROJECT NO. SOHT 81-01 TOWN BOARD Supervisor William R. Pell III Councilmen Larry W. Murdock John J. Nickles Francis T. Murphy Joseph L. Townsend, Jr. Justice Raymond W. Edwards , Jr. SUPT. OF HIGHWAYS TOWN CLERK Raymond C. Dean Judith T. Terry SEPTEMBER 1982 HOLZMACHER,McLENDON andMURRELL,P.C. Consulting Engineers. Environmental Scientists and Planners Melville,N.Y. Farmingdale.N.Y. Riverhead.N.Y. HOLZMACHER, McLENDON&MURRELL,P.C. CONSULTING ENGINEENS.ENVIIIONYENTAL SCIENTISTS NW KANNEIIS ADDENDUM NO. 1 SOHT 81-01 TOWN OF SOUTHOLD S RESURFACING OF SOUND AVENUE AT low WESTERN TOWN LIMIT September 23 , 1982 The following changes have been made to the contract drawings: SHEET 20F3 At station 2+00 , proposed grade at southern edge of Sound Avenue is shown as (51. 02) . Delete 51. 02 and replace with 57. 02. SHEET 20F3 At station 6+00 , existing grade at northern edge of Sound Avenue is shown as (57. 30) . Delete 57 . 30 and replace with 56. 89. i I A-1 (10Fl) HOLZMACHER, MCLENDON 6 MURRELL,P.C. GON&/LTMq ENOINEEIIE.ENVIIIONMENTAI EGENTN/TE.nO ry,ANNENE INDEX TOWN OF SOUTHOLD w RESURFACING OF SOUND AVENUE AT THE WESTERN TOWN LIMIT PROJECT NO. SOHT 81-01 PAGE NO. INDEX I - 1 page NOTICE TO BIDDERS NB - 1 page INFORMATION FOR BIDDERS IB - 12 pages PROPOSAL P-A through P-D GENERAL CONDITIONS GC - 6 pages ITEM SECTION PAGE NO. NO. SECTION CODE NO. -- 0 General Specifications GS (11 pages) 1 5 5 Pavement Restoration & Replacement PRR (4 pages) 12 10 10 Maintenance & Protection of Traffic MPT (6 pages) 16 11 11 Tack Coat TC (2 pages) 22 12 1,2 Thermoplastic Pavement PM (5 pages) 24 Markings 14 14 Additional Excavation & Backfill AE&B (3 pages) 29 51 TL 51 TL Asphalt Concrete Truing & Leveling ACTL (1 page) 32 51 FZ 51 FZ Asphalt Concrete Type lA (Top Course) ACTC (1 page) 33 « INDEMNITY, LIMITATION OF LIABILITY ILL - (1 page) -- CONTRACT C - (28 pages) -- M I-1 HOLZMACHER, McLENDON&MURRELL,P.C. OONWITWO ENOMNEME,ENVMOMMNTK WONTIMTI OW PLAWAM NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN that SEALED BIDS will be received by the Town Clerk of the Town of Southold at the Town Hall, Main Road, Southold, New York, until 11:00 A.M . , prevailing time, on Thursday, September 30, 1982 _ at which time and place they will be publicly opened and read for the following contract: RESURFACING OF SOUND AVENUE AT THE WESTERN TOWN LIMIT Plans and specifications may be obtained at the Town Hall and offices of the Consulting Engineers, HOLZMACHER, McLENDON & MURRELL, P.C. 209 West Main Street, Riverhead, New York, 11901, and Suite 140, 125 Baylis Road, Melville, New York, 11747, upon deposit of twenty-five ($25.00) for each set furnished. Deposits will be refunded to bidders who return the plans and spec- ifications within ten (10) days in good condition; other deposits will either be partially or not refunded if the Specifications have not been returned in good condition within thirty (30) days after bids have been opened. Each Proposal must be accompanied by a certified check or bid bond in the amount of five percent (5%) of the total bid, made payable to William R. Pell, III, Supervisor, Town of Southold, as set forth in the Information to Bidders. The Town reserves the right to reject any or all bids, to waive any informalities and to accept such alternate bid which, in the opinion of the Town Board, will be in the best interests of the Town. BY ORDER OF THE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK JUDITH T. TERRY, TOWN CLERK • TOWN OF SOUTHOLD SOUTHOLD, NEW YORK 11971 DATED: SEPTEMBER 7 , 1982 NB-1 HOLZMACHER, McLENDON&MURRELL,P.C. CONSULTING Et"NEE116.ENVNIONMENTAL ECIENTN{T!�d ILANNENE INFORMATION FOR BIDDERS ` BIDS FOR PROJECT The Town of Southold will, receive SEALED PROPOSALS for Resurfacing of Sound Avenue at the Western Town Limit. TIME AND PLACE OF BID Bids are to be submitted in opaque envelopes and will be received by the Town of Southold at the Town Hall, Main Road, Southold, New York, not later than 11: 00 A.M. , Prevailing Time, Thursday, September 30, 1982 , at which time and place they will be publicly opened and read aloud. Use of the mails shall be at the Bidder' s own risk, and the Bidder shall be responsible for physical delivery of the Bid at the time and place set for opening of Bids. BID ENVELOPE All proposals and either the certified check or bid bond must be placed in a sealed envelope bearing the Bidder' s firm name and address marked, "Project No. SOHT 81-01, Proposal for Resurfacing Sound Avenue at The Western Town Limit, Town of Southold, Suffolk County, New York" , but otherwise unmarked. If mailed, this envelope shall be placed in _ another envelope addressed to Town Clerk Judith T. Terry, Town of Southold, Town Hall, Main Road, Southold, New York 11971. Use of the mails is at the Bidder' s risk. IB-1 fflJllA4nl.f1Cll, MCLL1'lUU1V d MUnncu. f. .. / �^ �`'•r• CONSULTING ENGIMELAR AND ENVIRONMENTAL SC104TISIS INFORMATION FOR BIDDERS (CONTD. ) SPECIFICATION DEPOSITS _ (a) Deposits for specifications will be completely refunded to Bidders who return same in good condition within ten (10) days after r-ceipt of bids. Bidders will receive one-half of the deposit amount tur specf.ications returned after ten (10) days and before thirty (30) days following the bid date. (b) Deposits for specifications will be completely refunded to non-bidders who return same in good condition within 48 hours of receipt of said specifications. Non-bidders will receive one-half the deposit amount for specifications returned in good condition within ten (10) days following the bid date. No deposit for specifica- tions will be refunded to non-bidders after ten (10) days following the bid date. IB-2 jM HOLZMACHER, McLENDON&MURRELL,P.C. INFORMATION FOR BIDDERS (CONT' D. ) SPECIFICATIONS Complete sets. of specifications for the inspection of prospective bidders will be found on file with the Town Clerk, Town of Southold, Town Hall, Main Road, Southold, New York, and at the office of Holzmacher, McLendon & Murrell, P.C. Consulting Engineers, 209 West Main Street, Riverhead, New York, or Suite 140, 125 Baylis Road, Melville, New York, All contractors must leave their names, phone numbers and correct mailing addresses upon receipt of the specifications. VERBAL ANSWERS The Town, its -agents, servants, or employees, or the Engineer, will not be responsible in any manner for verbal answers to any in- quiries regarding the meaning of the contract specifications given prior to the awarding of the contract. EXAMINATION OF SITE Bidders must satisfy themselves by personal examination of the location of the proposed work and of the actual conditions and require- ments of the work, and shall not, at any time after the submission of a proposal, dispute or complain of' such estimate or assert there was any misunderstanding in regard to the scope of work. The Contractor shall inspect the site and existing conditions be- fore submitting his bid. PROPOSAL The Form of Proposal contained herein shall be used in making out bids. Any proposal not in accordance with these instructions, or con- taining bids not asked for, may be rejected. On those items in this contract for which there is a stated maximum and/or minimum allowable bid price, each bidder shall be responsible .7 for making sure that his bid falls within the stated limits. When the 2 price bid is lower than the minimum allowed, the bid price will be ad- justed upward to the minimum allowable price and when the price bid is higher than the maximum allowed, the bid price will be adjusted downward to the maximum_ allowable price. SOHT IB-3 HWMACHER. McLLNDON & MURRELL. F.C. I HZM CORP. C0N3ULflNO 0401HELAG AND ENVIRONM04TAL OC1ENTISTl INl'UR(`1,1HON FOR BIDDI:HS (talN1 ' 1). 1 As the est int:Itcs Of (111:1111 i t ies Of 'tell's statet ill the 1)1.()' S.1 arc al)l)roainlatc only , bit't'ers arc requi ►'ct to suhntit their 111-(4)"al 111)011 and in the following ex1)ress conditions , which shall :11,1)1y and hcconle a Dart of every 1)ro1)usal reccivetl . Each hitter Shall fill out , in ink , in 110th words and fi }t►Ires , in the s1)"ces l)ruviJrJ , his unit or IIuu1) Suri hit , as the C.Ise "lay hc , I*or each iteul in saitl I:ornt of 1'rol►osal for whin► IIc is Suhulitt ing :I bid . No bit will be considered whiClt Jocs nut include hits for all i t crosin~tTic li i ol)os.1, -i nc i tid- It ►► t t me o I'—t:o t l c t t on . If the bid is not accepted by the Town within forty-five (•151 Lays al ter the I'eccifit of bids , the ohl igat ion of 'thc hitter' unto this 1)r01)usaI Inay teI'mi.natc at his ol,tioil antl lie shag ' therc - ul)uIl lie entitled to :I refund of hiS ccI.tifietl check of release 0f his I., id bond furnished by him as security with Itis 11l-01)osal . I111) BOND Olt CINA2'111: 11:1) 0111:CK Bach 1)ro1)usal from a contractor shall be accunli)anictl by a hitl hunt or certified check oil a solvent hank of the State• of New 1'Ork , in the amount of five 1)ct'cellt ( 5 ) of the total bill . Such check shall be Iltatle 1)ayatble to William R. Pell III , Supervisor, Town of Southold, iJew fork , and the amount thereof shall be the measure of l iquitated damages which the 'town will, sustain by the failure , neglect or refusal. of the bidder t0 execute an"t delivc`i' the contract. , should the contract be awarded to him. The checks 0f all ullsuccessful bidtle.rs wit 1 be returltetl upOn the. reicCtion of bit's and the execution of the contract by the parties ; also , the check of the successful bidder will he returned ul)on the execution of the contract anti the furnisiling of the rcquiret bond . NAME OF BIDDER Bach butler must state i " Itis 1)rol)usal , his roll "ante :Ind busi - ness address , and the lull name of eve)'y 1)crsOn , firm or' c0rl)uration i "tcrestcd in the sante , and the adiress of every 1)erson Or ( i 1-111 or 1)1-es.ident and Secretary of every corl)0ration interested with hint. If I B- d r"A.LM/N..nc^ MI.LLNL",4 O. rAvnn---, r.%.. i #tam %w %r. CON3ULnNO ENa1NELR• AND ENVIRONMENTAL SCIWTIM 1NFOR.MATION FOR BIDDER (CONT ' D. ) no other person be so interested , he must distinctly state that fact , also that his proposal is made without any connection directly or in- directly with any other bidder for the work particularly mentioned in his proposal ; that it is in all respects without fraud or collusion , and that no person acting for or employed by the Town is directly o► indirectly interested therein , or in the supplies of work to which it relates , or in any portion of the prospective profits thereof. QUALIFICATIONS OF BIDDERS (l ) The Town reserves the right to waive any informalities in , or reject any and all bids . The 'Town reserves the right to re- ject any and all bids which do not conform to the proposals , or upon which the bidders do not comply with the requirements of the Town as to their qualifications . (2) All bidders must prove to the satisfaction of the Town that they are reputable , reliable and responsible , and that they pos- sess the necessary qualifications to successfully deliver the proposed equipment , and that they have performed and completed successfully similar work to an extent which , in the opinion of the Towle , will qualify them by experience to perform the work which is proposed. (3) In determining the qualifications of a bidder , the Town will consider his record in the performance of any contracts entered into by him for the work contemplated or of similar nature, may make such investigation as it deems necessary to determine the ability of the bidder to perform the Work, and the bidder shall furnish to the Town all such information and data for this purpose as the 'town may request. (4) The Town shall be the sole judge of the qualifications of the bidders and of the merits thereof and reserves the right to reject any bid if the record of the bidder in the performance of contracts , payment of bills and meeting of obligations to subcontractors , material - men or employees is not satisfactory to the Town , or if the evidence submitted by or the investigation of such bidders fails to satisfy the Town that lie is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. GUARANTEE BOND The successful bidder shall be regl►ired to furnish at. the execu- tion of the contract an executed bond of a surety company authorized 113- 5 HWMACHER. MCLENDON & MuNHLL r.c. / rttNl fi r• CONSULnma ENGINEER/ AND (NV1110NMENTAL /CIENTISTS INFORMATION FOR I l MIAt (CONT . 1)) to do bUSineSS in the State of New York and approved by tile '1'o►..n in an amount equal to one hundred percent ( 100%) of the total amo►n►t of the contract , guaranteeing to the Town the faitillul performance of the contract , and payment of all claims for materials , 1-11)01- wages aborwages in connection therewith . S I GNA'1'l1RE OF CONTRACTOR The bidder to whom a contract may be awarded Shall attend at the office of the Town , with the sureties offered by him, within ten (10) days , Sunday excepted , after the date of notification by mail of the acceptance of his proposal. , and there Sign the contract in quadrupli Cate for the work. In case of failure to do so , the bidder shall he consi .lercd '►s having abandoned the same , and the check accompanying his proposal shall be forfeited to the 'town , or the penalty of tl►e bid bond shall be invoked. CONTRACTOR' S INSURANCE The contractor shall not commence any work ►intil he has obtained and had approved by the Town all of the inSUrance specified and required in the contract . WAIVER OF IMMIINITy Attention of the bidder is hereby directed to the requirements of the General Municipal Law of the State of iJew York and in particular to Section 103-a of the General Municipal Law regarding "Waiver of Immunity,, , as indicated on Page C-8 of the contract . RESPONSIBILITY I:OR BIl)1)ER Attention is hcrehy particularly directed to the provisions of the contract whereby tl►e contractor will be responsible for any loss or damage that may happen to the material or any part thereof during its delivery ; and also whereby the contractor Shall make good any defects or faults due to materials or workmanship within twelve ( 12) months after its delivery, placement , and acceptance. 111-G •, CONSULT1N0•t7WOINE[AA'AND [NVIRONMENTAI 9CIENTIS" INFORMATION FOR BIDDERS (CONT- D. ) • In order to secure the performance of the covenant of the con- tractor, the Town shall retain the Guarantee Bond during the period of one ( 1) year from the date of the Engineer ' s final certificate. Work is required to be completed to the satisfaction of the Engineer and in :substantial accordance with the specifications hereunto annexed. TOWN OF SOUTHOI,D SUFFOLK COUNTY, NEW YORK III-7 State of New York Bureau of Public Work Department of Labor fl State Office Building Campus Albany, N.Y. 12240 CONTRACT REQUIREMENTS • Each public work contract to which the State,a public benefit corporation,a municipal corporation or a commission is a party and which may involve the employment of laborers,workmen or mechanics,shall comply with the requirements of Article 8 of the New York State Labor Law: 1. No laborer, workman or mechanic in the employ of the contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by the contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week except in the extraordinary emergencies set forth in the Labor Law or where a dispensation is granted by the Industrial Commissioner. (See Section 220.2) 2. Each laborer, workman or mechanic employed by the contractor or subcontractor shall be paid not less than the prevailing rate of wages at the time the work is performed,and shall be paid or provided not less than the prevailing supplements at the time the work is performed, as determined by the fiscal officer. If the prevailing rate of wages or the prevailing supplements change after the prevailing rate schedule is issued,each workman,laborer or mechanic shall be paid or provided not less than the new rates. (See Section 220.3) 3. The contractor and every subcontractor shall post in a prominent and accessible place at the work site a statement of the current wage rates and supplements specified by the contract for the various • classes of mechanics,workmen or laborers. (See Section 220.3-a) 4. Apprentices must be registered,individually,under a bona fide program registered with the New York State Department of Labor. The allowable ratio of apprentices to journeymen in any craft classifica- tion shall not be greater than the ratio permitted to the contractor as to his work force on any job under the registered program. Any employee who is not registered as above, shall be paid the pre- vailing wage rate for the classification of work he actually performed. The contractor or subcontrac- tor will be required to furnish written evidence of the registration of his program and apprentices as well as of the appropriate ratios and wage rates for the area of construction, prior to using any apprentices on the contract work. (See Section 220.3-e) 5. (a) No contractor, subcontractor, nor any person acting on his behalf,shall by reason of race,creed, color, sex or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates.(See Section 220-e (a) ) (b) No contractor, subcontractor, nor any person acting on his behalf shall,in any manner,discrimi- nate against or intimidate any employee on account of race,creed,color,sex or national origin. (See Section 220-e (b) ) NOTE: The Human Rights Law also prohibits discrimination in employment because of age,disability or marital status. (c) There may be deducted from the amount payable to the contractor under the contract a penalty of five dollars for each calendar day during which such person was discriminated against or intim- idated in violation of the provisions of the contract. (See Section 220-e(c) ) (d) The contract may be cancelled or terminated by the State or municipality,and all moneys due or to become due thereunder may be forfeited, for a second or any subsequent violation of the terms or condition of the anti-discrimination sections of the contract. (See Section 220-e (d) ) (e) These provisions shall be limited to operations performed within the State of New York. (See Section 220-e(e) ) PW-3(5.80) IB-8 STATE OF NEW YORK DEPARTMENT OF LABOR BUREAU OF PUBLIC WORK STATE OFFICE BUILDING CAMPUS ALBANY, N. Y. 12240 Schedule Type-HVY / HWY 33 Date 07/08/81 Refer to: PREVAILING RATE CASE NO. T/O Southold PRC 8102905 NAS/SUF 01 • to: William H. Spitz Location and Type of Project Holzmacher, McLendon & Murrell Resurfacing of Sound Ave. 125 Baylis Road SOHT 81-01, T/O Southold Milville, NY Laurel , NY 11747 Suffolk County In response to your request, enclosed are schedules of the prevailing hourly wage rates and the prevailing hourly supplements for the above project, together with copies of the Notice of Contract Lei CPW-16) for your use. The schedules must be annexed to and form a part of the specifications for this project when it is advertised for bids. These schedules have been prepared and forwarded in accordance with Section 220 of the Labor Law, which provides that it shall be the duty of the fiscal officer to ascertain and determine the schedules of supplements to be provided and wages to be paid to workers, laborers and mechanics employed on public work projects, and to file such schedules with the department having jurisdiction. These wage rates and supplemental benefits are subject to change, and you will be periodically notified of such changes. The wage rates and supplemental benefits to be paid and provided must be those prevailing at the time the work is being performed. Supplemental Benefits Legend used in the "other supplemdntS" column of the Prevailing Rate Schedule: A. Health & Welfare ( includes hospital C. Supp. Unemployment Benefits I. Annuity Fund surgical or medical insurance or D. Scholarship Fund J. Benefit Fund benefits, life insurance or death E. Paid Holidays K. Security Savings benefits, accidental death or dis- F. Education Fund memberment insurance). G. Vacation L. Holiday Pay B. Pension H. Apprentice Training M. Other • Very truly yours, Nicholas Valentine, Jr. DIRECTOR WHEN ANY PROJECT IS COMPLETED OR CANCELLED, NOTIFY THE NEAREST DISTRICT OFFICE OF THE BUREAU OF PUBLIC WORK. ( see addresses below) • State Office Bldg. Campus, Albany N. Y. 12240 65 Court St— Buffalo N. Y. 14202 155 Main Street West, Rochester N. Y. 14614 44 Hawley St. , Binghamton N. Y. 13901 175 Fulton Ave. , Hempstead N. Y. 11550 333 East Washington St— Syracuse Syracuse N. Y. 13202 207 Genesee St. , Utica N. Y. 13501 30 Glenn St. , White Plains N. Y. 10603 PW-200 (6-79) IB-9 PREVAILING RATE SCHEDULE State of New York Case Number Bureau of Department of Labor Public Work 8102905 NASSAU AND SUFFOLK COUNTIES Prev- SUPPLEMENTAL BENEFIT PAYMENTS a i l i ng OCCUPATIONS wage health V basic and pen- suppl . other supplements hourly welfare sion unemp. rate (A) (B) (C) (D) through (M) CORE DRILLER Core Dri I ler 10. 605 1. 00 . 74 G-. 19 Helper 9. 245 1. 00 74 G-. 19 ELECTRICIAN Electrician 15. 10 7'/.+. 35 5 1/2'/. 25 G&L- 8 1/2'/., H-5/8%, I-9%, J-3% Appr. 1st term 6. 04 7'/.+. 35 5 1/2% 25 G&L- 8 1/2'/., H-5/8'/•, I-9'/., J-3Y. IRONWORKER Ironworker-Structural 12. 95 1. 86 2. 30 G-1. 85, 11-. 11, I-2. 15 Appr. 1st term 7. 28 1. 8G 2. 30 G-1. 85, H-. 11, I-2. 15 Reinforcing-(Lather) 13. 54 1. 325 . 985 D-. 02, G-. 75, 11-. 01, I-1. 10 Appr. lst Term 3. 85 1. 325 . 98S D-. 02, H-. O1 Ironworker-Ornamental 12. 62 1. 21 1. 55 G-1. 00, H-. 10, I-2. 00 -Chain Link 12. 62 1. 21 1. 55 G-1. 00, H-. 10, I-2. 00 Fence "Appr. 1st term 7. S7 1. 21 1. 5s G-1. 00, H-. 10, I-2. 00 MASON Bricklayer 12. 49 I. 33 1.193 H-. 03, I-2. OS Appr. 1st term 6. 2S 1. 33 1. 93 H-. 03, I-. 50 PAINTER Painter-Brush 10. 92 1. 04 1. 04 G- 33, 1- 71 Scaffold/Spray 13. 26 1. 26 1. 26 G-. 405, I-. 71 Appr. 1st term 6. 55 . 62 . 62 G-. 20, I-. 25 Nassau Co. (N of L. I. E. to Pt. Wash BI vd. , S. of Sunrise Hwy. E. to Long Beach Rd. ) ------------------------------ Pai nter-Brush 10. 82 1. 29 2. 30 G-. 70, H-. OS �- Appr. 1st term S. 41 1. 29 1. 1S G-. 35, H- 05 Scaffold/Spray 12. 37 1. 29 2. 30 G-. 70, H-. 05 Nassau Co. Remainder of County -------------------------- ---- Painter-Steel 14. 28 1. 86 2. 00 H-. 07 Power Tool , Spray 1S- 28 1. 99 2. 14 H- 08 Sandblaster(steel ) 15. 28 1. 99 2. 14 H- 08 Appr. lst term 7. 00 . 91 . 98 H-. 035 Nassau Co. -Entire County ------------------------------ Painter Brush 12. 39 3. 22 1. 00 G-. 50, H 21 Steel /Bridge 15. 30 3. 22 1. 00 G- 50, 1-1- 21 Spray 13. 88 3. 22 1. 00 G-. 50, H-. 21 Appr. 1st term 6. 42 1. 97 1. 00 G-. 25, H-. 21 Suffolk Co. PLUMBER P I umber 13. 65 1. 00 2. 05 G-1. 30, H-. 37, I-. 57 1. Appr. 1st term 5. 46 . 60 1. 31 G-. 70, H-. 24, I-. 29 Suffolk Co. ------------------------------ P 1 umber 12. 75 1. 10 1. 541. Appr. 1st term 5. 10 44 . 616 G-. 44, H-. 10 Nassau Co. TEAMSTER Truck Driver Excavation 10. 12S 1. 612S 2. 8525 1- 40 Euc I i d 10. 525 1. 6125 2. 8525 1- 40 Other 9. 325 1. 6125 2. 50 WELDER Welder To be paid the rate of the mechanic performing the work OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY and BUILDING SCHEDULES Pri nt 33 IB-10 PREVAILING RATE SCHEDULE State of New York Case Number Bureau of 8102905 Department of Labor Public Work NASSAU AND SUFFOLK COUNTIES Prev- SUPPLEMENTAL BENEFIT PAYMENTS ai I i ng 6- OCCUPATIONS wage health basic and pen- suppl . other supplements hourly welfare Sion unemp. rate (A) (B) (C) (D) through (M) CARPENTER Carpenter (H/H) 13. 35 1. 85 1. 03 G-. 95, H-. O5, I-. 75 Helper- 11. 1S 1. 85 1. 03 G-. 95, H-. 05, I 75 Appr. 1st term 7. 34 1. 8s 1. 03 G-. 95, H-. O5, I-. 7S Nassau Co. (South of So. State Pkwy. & West of Seaford Creek) ------------------------------ Carpenter (H/H) 13. 40 1. 50 1. 49 G-. 95, H-. 06 Appr. 1st term 6. 70 1. 50 1. 49 G 95, H-. 06 Nassau Co. Remainder of County ------------------------------ Carpenter(H/H) 13. 45 1. 33 1. 71 G-. 90, H-. 06 Appr. 1st term 6. 70 1. 33 1. 71 G 90, H-. 06 Suffolk Co. ------------------------------ Pi I edr i ver/Dockbui I der 13. 2S 1. 85 1. 03 G-1. 01, H-. O5, I-. 75 Appr. lst term 7. 34 1. 8s 1. 03 G-1. O1, H-. O5, I-. 75 ------------------------------ Ti mberman 12. 31 1. 8s 1. 03 G-. 95, H-. O5, I-. 75 Helper 10. 80 1. 8s 1: 03 G-. 95, H-. O5, I-. 75 ELECTRICIAN-HIGHWAY MAINTENANCE Applicable on traffic signals and street lighting or{ly. Mai nt. El ectri ci an 12. 30 8'/. 4 1/2'/. G & L-6 1/2'/., I-7-/. H-5/8'/•, J-3-/. Appr. 1st term 4. S7 8% 4 1/2'/. G 8 L-6 1/2'/., I-7'/• H-5/8%, J-3% LABORER(HVY/HWY) Laborer (H/H) « Basi c, Concrete, Jackhammer 8. 90 10 '/. 13 % G-. 75 Pipelayer, Land- Scape, Trackman 8. 90 10 V. 13 '/. G-. 75 Power Tool 8. 90 10 '/. 13 % G-. 75 Asphalt Raker, Form Setter 9. 50 10 % 13 % G-. 75 Asphalt Shoveler and Tamper 9. 30 10 % 13 % G-. 75 MASON Cement Fi ni cher 12. 60 2. 19 2. 02 H-. 01 Appr. 1st term 6. 30 2. 19 2. 02 H Ol SIGN ERECTOR Sigh Erector 11. 70 . 82 1. 11 H-. 02, I 43 M-Emp S. S. STRIPER Striping Mach. Oper 9. 90 . 59 . 70 G-7% Linerman 10. 40 62 72 G-7% TREE TRIMMING Tree Trimmer 8. 43 34 25 11 1st 6mo S. 51 34 25 G r O U n d M a n, Dri v e r 1st 6mo 6, 07 . 34 . 2S Driver 2nd 6mo 6. 36 34 25 Dri ver after 1 yr. G. 95 34 25 TREE REMOVAL & LANDSCAPING Landscape Laborer 8. 90 10'/. 13% G-. 75 Mu 1 chi ng Machine Oper, 11. 995 9% of 2. 25 G-1. 00, H-. 15, M-. 10 ratetvac. Stump Chipper Mach. 10. 97 9% of 2. 2S G-1. 00, H-. 15, M-. 10 rate+vac. Truck Driver, 9. 325 1. 6125 2. 50 WELL DRILLER Well Ori 1 ler 10. 55 81/- 2. 25 G- 40 Helper 8. 55 8% 2. 29 G- 40 OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY SCHEDULES P r i nt 33 IB-11 PREVAILING RATE SCHEDULE State of New York Case Number Bureau of Department of Labor Public Work 8102905 NASSAU AND SUFFOLK COUNTIES Prov- SUPPLEMENTAL BENEFIT PAYMENTS ai I i ng OCCUPATIONS wage health basic and pen- suppl . other supplements hourly welfare Sion unemp. rate (A) (B) (C) (D) through (M) SURVEY CREW (HIGHWAY & HEAVY) Party Chief 12. 16 90 70 F-. 05, G-. 70, I-1. 50 Instrument Man 10- 21 . 90 . 70 F-. O5, G-. 70, I-1. 50 Rodman/Cheri nman 8. 91 . 90 . 70 F-. O5, G-. 70, I-1. 50 Survey Rates apply to those workmen employed on HIGHWAY and HEAVY contracts let on or after July 2, 1979 POWER EQUIPMENT OPERATCR (H/H) Asphalt Spreader 13. 18 91 of 2. 25 . 20 H-. 15, G-1. 00, M-. 10 Backhoe 13. 55 hourly Boring Machine 13. 12 rate + Bulldozer 12. 37 vac. Compressor-Single 11. 995 Compressor-2 or more in battery 12. 60 Concrete Pump 12. 64 Concrete Spreader 13. 18 Concrete Breaker 11. 28 Conveyor 12. 37 Crane 13. 18 Location, Effective Date and Dragline 13. 55 Supplemental Benefit Payments Finishing Machine 12. 37 are the Blame for all Power Equipment Fireman 12. 37 Operators. Generator 12. 29 Grade-A I I Oper. 13, 5S Grader 12. 58S Front End Loader 12. 905 Mai nt. Eng. 12. 37 Mul chi ng Machine 11. 99S Oiler 10. 97 Piledriver 13. 55 Post Driver (Guard Rail ) 13. 12 Power Broom 11. 425 Pump (Under 4") 11. 995 Pump (Over 4") 12. 38 Ridge Cutter 11. 28 Roller - 5T & Under 12. 37 Roller - Over 5 Ton 12. 72 Scraper 12. 37 Shovel 13. 55 Stump Chipper 10. 97 Tractor-Caterpiller or Wheel 10. 755 Track Tamper 10. 97 Trenching Machina 13. 395 OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY SCHEDULES Print 33 IB-12 HOLZMACHER, MdENDON & MURR€LL, P.C. / H2M CORP. WNSULTiNo oraNUAS AND [MVIRONMUff" 9C1ErMM PROPOSAL - BIDDER'S DECLARATION TO THE TOWN BOARD of the TOWN OF SOUTHOLD, SUFFOLK COUNTY, STATE OF NEW YORK: BIDDER'S DECLARATION: The undersigned, as Bidder, declares that the only person or persons interested in this Bid or Proposal as principal or principals is or are named herein and that no other person than herein named has any interest in this Proposal or in the Contract proposed to be taken; that this Bid or Proposal is made without any connection with any other person or persons making a Bid or Proposal for the same purpose; the Bid or Proposal is in all respects without fraud or collusion, that he has examined the site of the work, the Form of Contract and Specifications, and the - Drawings therein referred to, and has read the Notice to Bidders, Information for Bidders and General Conditions hereto attached and fully understands all the same; that he proposes and agrees, if this Proposal is accepted, that he will contract with the TOWN BOARD of the TOWN OF SOUTHOLD,. in the Form of Contract accompanying this Bid, to perform all the work required in accordance with the Plans and as mentioned in said Form of Contract , Specifications, Notice to Bidders, Information for Bidders and General Conditions, and he will accept in full payment, therefore, the following sutras to wit : 7/79 P-A RT lC)1� HOLZMACHER, McL£NDON&MURRELL,P.0 ■- . F 2A C0NWtT#m0 Ef4WNEEN6.ENVINOWANV4l EGEN116i{.n0 PIANNENS PROPOSAL (CONT' D. ) RESURFACING OF SOUND AVENUE TOWN OF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK PROJECT NO. SOHT 81-01 BID DATE: SEPTEMBER 30, 1982 ITEM 5A Remove temporary paving (by others) and replace with 1h" binder course asphalt on 6" base course asphalt Approximately 210 square yards Price per SY . . . . . . . . . . . . . . . . . ($ ) Dollars TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . ($ ) Dollars ITEM 5A (ALT) ** Remove temporary paving (by others) and replace with lh" binder course asphalt on 6" base course asphalt Approximately 110 square yards Price per SY . . . . . . . . . . . . . . . ($ ) Dollars TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . ($ ) Dollars ITEM 5B Remove existing deteriorated pavement & replace with 1h" binder course asphalt on 6" base course asphalt Approximately 110 square yards Price per SY . . . . . . . . . . . . . . . . ($ ) Dollars TOTAL . . . . . . . . . . . . . . . . . . . . . . i . . . . ($ ) 6 Dollars 2 ** Optional, item that may not be awarded by the Town. P-B 1 of 7 Neu HOLZMACHER, McLEN00N&MURRELL.P.0 2ACONSULTING ENWNEEM.ENV600"MENTAL WANTHT/-4111""B PROPOSAL (CONT' D. ) RESURFACING OF SOUND AVENUE TOWN OF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK PROJECT NO. SOHT 81-01 BID DATE: SEPTEMBER 30, 1982 ITEM 5B (ALT) ** Remove existing deteriorated pavement & replace with 1�" binder course asphalt on 6" base course asphalt Approximately 490 square yards Price per SX 1 ($ ) Dollars TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . ($ ) Dollars ITEM 10 Maintenance and Protection of Traffic LUMP SUM . . . . . . . . . . . . . . . . . . . . ($ ) Dollars (Lump sum bid, shall be greater than or equal to $1000. ) ITEM 10 (ALT) ** Maintenance and Protection of Traffic LUMP SUM . . . . . . . . . . . . . . . . . . . . . . ($ ) Dollars • 6 (Lump sum bid shall be greater than or equal to $500. ) 2 ** Optional item that may not be awarded by the Town. P-B 2 of 7 HOLZMACHER, McLENDON&MURRELL,P.C. CONSULTING ENp1NEEM ENVIRONMENTAL SCIENTIETS-d PLANNERS PROPOSAL (CONT' D. ) RESURFACING OF SOUND AVENUE TOWN OF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK PROJECT NO. SOHT 81-01 BID DATE: SEPTEMBER 30, 1982 r ITEM 11 Tack Coat Approximately 1300 gallons Price per GAL . . . . . . . . . . . . . . ($ ) Dollars TOTAL . . . . . . . . . . . . . . . . . . . . . . i . . . . ($ ) Dollars ITEM 11 (ALT) ** Tack Coat Approximately 700 gallons Price per GAL . . . . . . . . . . . . . . . . . ($ ) Dollars TOTAL . . . . . . . . . . . . . . . . . . . . . . ). . . . . ($ Dollars ITEM 12 Four-inch (411) wide Thermoplastic Reflectorized Pavement Markings Approximately 8500 linear feet Price per LF . . . . . . . . . . . . . . . . . ($ ) Dollars TOTAL . . . . . . . . . . . . . . . . . . . . . ($ Dollars - 6 2 ** Optional item that may not be awarded by the Town. P-B 3 of 7 u HOLZMACHER, MCLENDON&MURRELL.P.G VA A44 (pNSUITINO ENOMEEA6.ENVMONYENTIIL WANTgTt M MANNENB PROPOSAL (CONT' D. ) RESURFACING OF SOUND AVENUE TOWN OF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK PROJECT NO. SOHT 81-01 BID DATE: SEPTEMBER 30, 1982 ITEM 12 (ALT) ** Four-inch (4" ) wide Thermoplastic Reflectorized Pavement Markings Approximately 4500 linear feet Price per LF . . . . . . . . . . . . . . . . . ($ ) Dollars TOTAL . . . . . . . . . . . . . . . . . . . . . . i . . . . ($ ) Dollars ITEM 14A* Additional Excavation Approximately 5 cubic yards Price per CY . . . . . . . . . . . . . . . . . ($ ) Dollars TOTAL . . . . . . . . . . . . . . . . . . . . . Dollars (Unit Price shall be greater than or equal to $2.00, but shall not exceed $10. 00) ITEM 14B* Additional Backfill Approximately 15 cubic yards Price per CY . . . . . . . . . . . . . . ($ ) Dollars TOTAL . . . . . . . . . . . . . . . . . . . . ol Dlars • (Unit Price shall be greater than or equal to $2 . 00, 6 but shall not exceed $10. 00) 2 * **Contingency Item Optional item that may not be awarded by the Town. P-B 4 of 7 �l)V HOLZMACHER, McLENDON d MURRELL.P.C. � ��J�� pN&/li1NOENOM/EE6.ENVMONMENTALiCENTHTE.nOUNNEMS PROPOSAL (CONT- D. ) RESURFACING OF SOUND AVENUE TOWN OF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK PROJECT NO. SOHT 81-01 BID DATE: SEPTEMBER 30, 1982 ITEM 14C* Rock Excavation Approximately 5 cubic yards Price per CY . . . . . . . . . . . . . . . . . ($ ) Dollars TOTAL . . . . . . . . . . . . . . , . . . . . . . . i . . . . ($ ) Dollars (Unit Price shall be greater than or- equal of $3.00 but shall not exceed $50.00) ITEM 51 TL Furnish & Place Truing & Leveling Asphalt Concrete as per SCDPW Specifications Approximately 1100 tons Price per TON . . . . . . . . . . . . . . . . . ($ ) Dollars TOTAL . . . . . . . . . . . . . . . . . . . . . . ($ ) Dollars ITEM 51 TL (ALT) ** Furnish & Place Truing & Leveling Asphalt Concrete as per SCDPW Specifications Approximately 800 tons Price per TON . . . . . . . . . . . . . . . . . ($ ) Dollars • TOTAL . . . . . . . . . . . . . . . . . . . . . . i . . . . ($ ) 6 Dollars 2 Contingency Item ** Optional item that may not be awarded by the Town. P-B 5 of 7 ■ I� HOLZMACHER. MCLENDON&MURRELL.P.G fpNSUli1N0 ENOINEEM.ENVIIgNMENiI SGENtIETE wA ry/1NNEN8 PROPOSAL (CONT' D. ) RESURFACING OF SOUND AVENUE TOWN OF SOUTHOLD • AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK PROJECT NO. SORT 81-01 BID DATE: SEPTEKBER 30, 1982 r ITEM 51 FZ Furnish & Place Wearing Course Asphalt Concrete for Resurfacing as per SCDPW Specifications Approximately 700 tons Price per TON . . . . . . . . . . . . . . . . . ($ ) Dollars TOTAL . . . . . . . . . . . . . . . . . . . . . . . ($ ) Dollars ITEM 51 FZ (ALT) ** • Furnish & Place Wearing Course Asphalt Concrete for Resurfacing as per SCDPW Specifications Approximately 400 tons Price per TON . . . . . . . . . . . . . . . . . ($ ) Dollars TOTAL . . . . . . . . . . . . . . . . . . . . . Dollars f 6 2 P-B 6 of 7 u HOLZMACHER, MCLENOON 6 MURRELL.P.0 ■ ' . Z44 CpNSULTINO ENWNEEM.ENVNgNYENTAL WANT16TS-d KANNEM PROPOSAL (CONT' D. ) RESURFACING OF SOUND AVENUE TOWN OF SOUTHOLD • AT THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK PROJECT NO. SOHT 81-01 BID DATE: SEPTEMBER 30, 1982. r TOTAL BASE BID (SUM OF ALL ITEMS EXCEPT 5A (ALT) , 5B (ALT) , 10 (ALT) , 11 (ALT) , 12 (ALT) , 51 TL (ALT) and 51 FZ (ALT) TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ($ ) Dollars TOTAL ALTERNATE BID (SUM OF ALL ITEMS) TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ($ ) Dollars • Bids shall be based on normal seasonal working conditions without frost in the ground. It is anticipated that the Notice to Proceed will be given in October. COMPLETION DATE SHALL BE 45 CALENDAR DAYS AFTER THE NOTICE OF AWARD. LIQUIDATED DAMAGES SHALL BE $250.00 PER DAY. THE COMPLETION DATE SHALL BE CONSIDERED AS THE DATE WHEN THE PAVEMENT STRIPING OPERATIONS HAVE BEEN COMPLETED. FIRM NAME: FIRM ADDRESS: SIGNED BY: TITLE: DATE: • DAY PHONE NO. 6 EVE. PHONE NO. 2 P-B 7 of 7 HOLZMACHER, MCLENDON 6 MURRELL. P.C. / H2M CORP. CONSULnND ENGINUAI AND ENVIRONMUffAL BCICNTIM PROPOSAL - (CONT'D. ) • Enclose certified check or bid bond for five percent (5%) of the total bid, as stipulated in the foregoing Information for Bidders. The Bidder hereby agrees to enter into a contract within ten (10) days after due notice from the Town of Southold that the contract has been awarded to him and is ready for signature, such notice to be given in writing within forty-five (45) days of the date of opening of the bids . And, the Bidder hereby further agrees that in the event of his failure or refusal to enter into a contract in accordance with this bid within ten (10) days after due notice from the said Town Board as given in accordance with the Information for Bidders, and/or his failure to execute and deliver the bond for the full amount of the contract price as provided in said Information for Bidders, that t:he bidder's check which is herewith deposited with the Town shall, at the option of said Town, . become due and payable as ascertained and liquidated damages for such default, otherwise the said check shall be returned to the undersigned. • The full name and residences of all persons and parties interested in the foregoing bid as principals are as follows : NAME ADDRESS NAME OF BIDDER: BUSINESS ADDRESS OF BIDDER: DATED AT: THE DAY OF P-C HOLZ1rMACHER, MCLENDON 6 MURRELL. P.C. / H2M CORP. CON3ULTINO FJ/OINELAs ANO ENVIRONMLNTAL MENTIIT! PROPOSAL - (CONT-D. ) NON-COLLUSIVE BIDDING, CERTIFICATE By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: 1 . 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; and 2. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor; and 3 . No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition. Dated: By: This bidder cannot make the foregoing certification and a statement signed by the kidder is attached setting forth in detail the reasons therefor: P-D HOLZMACHER. MCLENDON 6 MURRELL. P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS GENERAL CONDITIONS 1. GENERAL CONDITIONS A. The "General Conditions" are hereby made a part of this • Specification and are attached herein. B. Where any article of the "General Conditions" is supplemented hereby, the provisions of such article shall remain in effect. All the supplemental provisions shall be considered as added thereto. Where any such article is amended, voided or superseded thereby, the provi- sions of such article not so specifically amended, voided or super- seded shall remain in effect. Work, materials, plant, labor and other requirements of the Gen- eral Conditions shall be furnished by the Contractor. No direct pay- ment shall be made for these General Conditions, and payment shall be deemed to be included in the contract price 'or various items of the entire contract. 2. CONTRACT DOCUMENTS The Contract Documents include, but are not limited to, the General Conditions, General Specifications, Detailed Specifications, Plans, Proposal Form, Contract and other sections as either cited on the index pages or actually included in the bound documents. Each section of the Contract Documents is intended to be comple- mentary to the other sections. It is intended that they include all items of labor and materials, and everything required and necessary to complete the work, even though some items of work or materials may not be particularly men- tioned in every section or may have been inadvertently omitted from the Drawings or Specifications, or both. 6 3. APPROVAL OF SUBCONTRACTORS AND MATERIALS 1 Prior to commencing any work under this Contract, the Contractor shall submit to the Engineer, for approval, a list of all the sub- contractors and material suppliers he proposes tract. to use for this Con- No subcontractor or material supplier will be liver materials or perform any work on this Contract euntil ehethase been approved by the Engineer in writing. RT GC-1 HOIZMACHER, McLENDON 6 MURRELL. P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS GENERAL CONDITIONS (CONT'D.) 4. INTERPRETATION OF DRAWINGS. ETC. A. In the event of discrepancies between the Drawings and the Specifications, the following order shall be given preference when making interpretations: 1. Addenda (later dates to take precedence over earlier dates) 2. Drawings (schedules or notes to take precedence over other data shown on Drawings) 3. Detailed Specifications 4. General Specifications 5. General Conditions B. On all plans, drawings, etc. , the figure dimensions shall govern in the case of discrepancy between -the scales and figures. C. The Contractor shall take no advantage of any error or omission in the Plans, or of any discrepancy between the Plans and Specifications, and the Engineer shall make such corrections and interpretations as may be deemed necessary for the fulfillment of the intent of the Specifications and of the Plans as construed by him, and his decision shall be final. D. All work that may be called for in the Specifications and not shown on the Plans, or shown on the Plans and not called for in the Specifications, shall be furnished and executed by the Contractor as if designated by both. Should any work or material be required 6 which is not denoted in the Plans and Specifications, either directly 1 or indirectly, but which is, nevertheless, necessary for the proper carrying out of the intent thereof, it is understood and agreed that the same is implied and required, and that the Contractor shall per- form such work and furnish such materials as if they were completely delineated and described. 5. ADDITIONAL WORK Additional work, if required to be performed under this Contract, will be in accordance with the applicable paragraphs of the Contract. The Engineer shall be the sole judge as to whether such work was in- tended as part of the Contract or is in addition thereto. RT GC-2 HOLZMACHER. McLENDON 6 MURRELL. P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS GENERAL CONDITIONS (CONT'D. ) • 6. OCCUPATIONAL SAFETY AND HEALTH ACT • The Contractor shall meet all standards of the Occupational Safety and Health Act of 1970 and subsequent revision. This shall include, but not be limited to, the following areas : Sanitation, noise, radiation, gases, vapors, fumes, mists, dust, illumination, ventilation, protective equipment, fire protection, waste disposal, electrical hazards, scaffolds and ladders, floor holes . and wall openings, and heavy equipment. All specific require- ments of the Act shall be adhered to. 7. SAFETY PROVISIONS The Contractor shall take every precaution and shall provide such equipment and facilities as are necessary or required for the safety of his employees. In case of an accident, first aid shall be administered to any who may be injured in the progress of the work. In addition, the Contractor shall also be prepared .for the removal, to the hospital for treatment, of any employee either seriously in- jured or ill. 8. SANITARY REGULATIONS A. In addition to compliance with the Occupational Safety and Health Act, the Contractor shall erect and maintain necessary sani- tary conveniences for the use of employees on the work. Such con- veniences shall be properly secluded from observation, and their use shall be strictly enforced. Such sanitary conveniences shall be constructed in compliance with all laws, ordinances or regulations governing these facilities. The contents of the same shall be re- moved, with sufficient frequency to prevent nuisance, and disposed of to the satisfaction of the Engineer. B. The Contractor shall obey and enforce such other sanitary 6 regulations and orders and shall take such precautions against in- t fectious diseases as may be deemed necessary. In case any infectious diseases occur among his employees, he shall arrange for the immediate removal of the patient from the work and his isolation from all per- sons connected with the work. C. The building of shanties or other structures for housing the men, tools, machinery or supplies will be permitted only at approved places, and the sanitary condition of the grounds in and at such shanties or other structures must , at all times, be maintained in a satisfactory manner. RT GC-3 HOLZMACHER. McLENDON &MURRELL, P.C. / H2M CORP. CONSULTING ENGINEERS ANO ENVIRONMENTAL SCIENTIM GENERAL CONDITIONS (CONT'D. ) 9. RESPONSIBILITY OF ENGINEER AND CONTRACTOR DURING CONSTRUCTION • A. The Engineer is responsible solely for the general and/or detailed inspection of the work being performed. Such inspection will be periodic and strictly to assure conformance of the Contractor with the Plans and Specifications, such that the end product will conform to the Plans and Specifications. B. The Contractor is responsible for complete conformance to the Plans and Specifications, proper construction procedures; co- ordination with subcontractors, other contractors and utilities, and safe working conditions for his employees. 10. LABOR A. All contractors and subcontractors employed upon the work shall and will be required to conform to the Labor Laws of the State of New York and the various acts amendatory and supplementary there- to; and to all other laws, ordinances and legal requirements applicable thereto. . B. All labor shall be performed in the best and most workman- like 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. 11. CONTRACTOR' S REPRESENTATIVE The Contractor, in case of his absence from the work, shall have a competent representative or foreman present, who shall follow with- out delay all instructions of the Engineer or his assistants in the prosecution and completion of the work, in conformity with this Con- tract, and shall have full authority to supply labor and material immediately. The Contractor shall also have a competent representa- tive available to receive telephone messages and provide a reasonable 6 reply as soon as possible, but not later than twenty-four (24) hours. 1 RT GC-4 HOLZMACHER. McLENDON 6 MURRELL. P.C. / H2M CORP. CONSULM40 ENGINEERS ANO ENVIRONMENTAL SCIENT M GENERAL CONDITIONS (CONT'D,) 12. INCOMPETENT EMPLOYEES The Contractor shall employ only competent, skilled and faithful men to do the work. Upon request of the Engineer in writing, the Con- tractor shall suspend or discharge from the work any disobedient, dis- orderly or incompetent person or persons employed thereon, and will not again employ any person so suspended or discharged without the consent of the Engineer. This requirement shall not be made on the basis of any claim for compensation or damages against the Town or any of its officers or agents. 13. CLAIMS OR PROTESTS If the Contractor considers any work required of him to be out- side the requirements of the Contract , or considers any record or ruling of the Engineers or Inspectors as unfair, he shall ask for written instructions or decisions immediately, and then file a writ- ten protest with the Town against the same within five (5) days thereafter, or be considered as having accepted the record or ruling. 14. NOTIFICATION INTERFERENCE AND INJURY TO UTILITIES A. The Contractor shall cooperate in every way with the Utility Companies. B. The Utility Companies shall be notified in accordance with Section 1918 of the Penal Law of the State of New York, entitled "Construction or Blasting near Pipes Conveying Combustible Gas," and with Article 20, Section 322-a of the New York State General Business Law. 6 C. All conduits, water mains and gas mains encountered in the 1 construction shall be properly and safely taken care of by the Con- tractor, who shall, upon encountering same, notify the public corpora- tion to whom they belong, in order that they may be changed in such a manner as not to interfere with the final construction. D. In case any damage shall result to any service pipe for water or gas, or any private or public sewer or conduit . by reason of negli- gence on the part of the Contractor, he shall, without delay and at his own expense, repair the same to the satisfaction of the Engineer, ` and in case such repairs are not made promptly or satisfactorily, the Town may have the repairs made by another Contractor or otherwise, and deduct the cost of same from any monies due or to become due the Con- tractor. RT GC-5 HOLZMACHER. MCLENDON 3 MURRELL. P.C. / H2M CORP. CONSUInNG ENGINEERS AND ENVIRONMENTAL SCIENTISTS GENERAL CONDITIONS (CONY D.) 15. INFRINGEMENT OF PATENTS The Contractor further agrees to hold himself responsible for any claims made against the District for any infringement of patents by the use of patented articles in any one phase of construction of the work and the completion of same, or any process connected with the work agreed to be performed under this Contract, or of any materials used upon the said work and to save harmless and indemnify the Town from all costs, expenses and damages which the Town shall be obliged to pay by reason of any infringement of patents used in the construc- tion and completion of the work. 16. DAMAGES All damage, direct or indirect, of whatever nature resulting from either the performance of, or resulting to the work under, this Con- tract during its progress from whatever cause, shall be borne and sus- tained by the Contractor, and all work shall be solely at his risk until the date of the final certificate. 17. GUARANTEE WARRANTY This Contractor shall guarantee and warrant his work and that of his subcontractors against defects in workmanship and/or material for a period of one (1) year from the date of final certificate by the Engineer except as otherwise specified. Upon written notification from the Engineer, the Contractor shall repair, replace or reconstruct such defects to the satisfaction of the Engineer at no cost to the Town. 18. STANDARDIZATION The DETAILED and General Specifications indicate specific manu- facturers and/or catalog numbers, etc. , for the purpose of standardiza- tion within the Town in order to minimize stockpiling of replacement parts. 19. DEFINITIONS i The words "or approved equal" as hereinafter used shall refer to the use of an equal product that has received prior approval by the Consulting Engineer for the Town. The word "Engineer" refers to HOLZMACHER, McLENDON & MURRELL, P.C. , Consulting Engineer for the Town of Southold. SH GC-6 t 2A)V HOLZMACHER, McLENDON&MURRELL,P.C. C,pN�TWQ ENQW*%rA.EM4M40WANTAL WKWISTS 6"P ANNN4 r TECHNICAL SPECIFICATIONS r SEVERAL ITEMS ON THE PLANS AND IN THESE SPECIFICATIONS REFER TO THE "SUFFOLK COUNTY PUBLIC WORKS SPECIFICATIONS OF NOVEMBER 1, 1968, " AS AMENDED. THESE SPECIFICATIONS SHALL BE INCORPORATED BY REFERENCE AND SHALL APPLY AS IF DETAILED IN FULL, UNLESS HEREIN MODIFIED. tjHOLZMACHER, MCLENDON&MURRELL,P.C. t/�� G0N6MTINO ENGNIEEM.ENWNONMENTAL WANTMTE.M KANNEM GENERAL SPECIFICATIONS TOWN OF SOUTHOLD RESURFACING OF SOUND AVENUE AT r THE WESTERN TOWN LIMIT 0. 1 - SCOPE The work to be done under this Contract consists o furnishing all labor, materials, equipment, etc. , for the P-,&5UAFACjNG OF SOUPD AVENUE AT THE WESTERN TOWN LIMIT in the Town of Southold, as set forth in the Proposal Sheets, in accordance with the Specifications and as indicated on the plans, all to the approval of the Engineer and the Town of Southold. 0. 2 - GENERAL SPECIFICATIONS (a) The "General Specifications" of the contract are hereby made a part of this specification and are attached herein., (b) Where any article of the "General Specifications" is supplemented hereby, the provisions of such article shall remain in effect. Where any such article is amended, voided or superseded thereby, the provisions of such article not .so specifically amended voided or superseded shall remain in effect. 0. 3 - GENERAL CONDITIONS (a) The "General Conditions" of the contract are hereby made a part of this specification and are attached herein. (b) Where any article of the "General Conditions" is supple- mented hereby, the provisions of such article shall remain in effect. 6 All the supplemental provisions shall be considered as added thereto. 2 Where any such article is amended, voided, or superseded thereby, the provisions of such article not so specifically amended, voided, or superseded shall remain in effect. 1 GS - 1 of 11 HOLZMACMER,McIENDON b MURREL . P.C. / H2M CORP. aoft$MJM Q 040MMS AMO OMPONMOITAI BGOMSTS GENERAL SPECIFICATIONS (CONY D) 0.4 - NO DIRECT PAYMENT No direct payment will be made for work done and for materials . furnished under these General Specifications or the General Conditions of the contract, but compensation shall be deemed to have been in- cluded in the contract price of the entire work. 0.5 - PLANS AND SPECIFICATIONS This Contractor will be furnished six (6) complete sets of the plans and specifications. Additional sets will be furnished at cost of reproduction. 0.6 - PERMITS AND REGULATIONS This Contractor shall obtain and apply for all permits necessary to conduct the work and complete this contract . All work shall be performed in strict accordance with the regulations and requirements of the various civil agencies having jurisdiction thereof. Upon completion of the work provided for in this contract , and before final payment shall be made, the Contractor shall furnish the .. Engineer with any necessary certificates of approval issued by these various agencies. 0. 7 - SIGNS No signs or advertisements shall be permitted by the Town. 0. 8 - TEMPORARY LIGHT, WATER, ETC. This Contractor shall furnish temporary light and power complete with all wiring, lamps and similar equipment , as required for the completion of the work. Water shall be supplied by this Contractor. v 6 1 RT GS - 2 of 11 2 HOLZMACHER, McLENDON A MURRELL. P.C. / H2M CORP. CONSULTING V401HUM AND afflRONMIENTAL SCNOMM GENERAL SPECIFICATIONS (CONT'D) 0.9 - COOPERATION This Contractor, all other contractors, and all subcontractors shall coordinate their work with all adjacent work and shall coordinate with all other trades so as to facilitate the general progress of the work. Each trade shall afford all other trades every reasonable op- portunity for the installation of their work and for the storage of their material. 0 .10 - REPRESENTATIVE ALWAYS PRESENT The Contractor, in case of his absence from the work, shall have a competent representative or foreman present, who shall follow with- out delay all instructions of the Engineer or his assistants in the prosecution and completion of the work, in conformity with this con- tract, and shall have full authority to supply labor and material immediately. The Contractor shall also have a competent representa- tive available to receive telephone messages and provide a reasonable reply as soon as possible, but not later than twenty-four (24) hours. 0.11 - LABOR (a) All contractors and subcontractors employed upon the work shall and will be required to conform to the Labor Laws of the State of New York and the various Acts amendatory and supplementary there- to; and to all other laws, ordinances and legal requirements appli- cable thereto. (b) All labor shall be performed in the best and most wortman- like 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. 6 1 RT GS - 3 of 11 3 HWAUZM.McLENDON i MIRtRM. P.C. / H2M CORP. CONSNL"NO U40 MUM ANO UMRONMUITAL SGLNTWM GENERAL SPECIFICATIONS (CONT'D) 0.12 - WORKMANSHIP It is the intent of these Specifications to describe definitely and fully the character of materials and workmanship required with regard to all ordinary features, and to require first class work and materials in all particulars. For any unexpected features arising during the progress of the work and not fully covered herein, the specifications shall be inter- preted by the Engineer to require first class work and materials; and such interpretation shall be accepted by the Contractor. 0.13 - PROPER METHOD OF WORT 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 increase of such effi- ciency 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 ex- cept 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, such as manholes, catch basins, pipe lines, conduits, etc . 6 1 RT GS - 4 of 11 4 HOLZMACHER, McLENDON A MURRELL, P.C. / H2M CORP. cotoucnma Q amwts AND U MPONMtMAL MUM" " -GENERAL SPECIFICATIONS (CONT'D) 0.14 - INSPECTION The Contractor shall, at all times, provide convenience of ac- ess and safe and proper facilities for the inspection of all parts of the work. No work, except such shop work as may be so permitted, shall be done except in the presence of the Engineer or his assist- ants. The Contractor shall notify the Engineer twenty-four (24) hours in advance as to when he intends to start or resume the work. No materials of any kind shall be used upon the work until it has been inspected and accepted by the Engineer; all materials re- jected shall be immediately removed from the work and not again of- fered for inspection. Any material or workmanship found at any time to be defective shall be remedied at onee, . regardless of previous inspection. The inspection and supervision of the work by the Engineer is intended to aid the Contractor in applying labor and materials to and in ac- cordance with the specifications, but such inspection shall not operate to release the Contractor from any of his contract obliga- tions. 0.15 - PHOTOGRAPHS Prior to the commencement of any work to be performed under this contract, the Contractor shall inspect all structures, pavement, walls, curbs, sidewalks along the route with the Engineer. Whenever cracks, breaks, defects , faults or structural decay is expected or visible, photographs shall be taken, by a professional photographer, to identify and to record each and every defect. Failure on the part of the Contractor to take such photographs will be construed as mean- ing that no defects existed prior to construction. The Contractor shall submit to the Engineer three (3) sets of 311x5" prints and the negatives from which the prints were made, which negatives shall be at least 35 millimeter in size. Prints shall be mounted in a photo album with a written description of each photo to include descriptions, street location, address and ownership of property or building , if available. No separate payment will be made for the photographs, 6 1 RT GS — 5 of 11 5 HO ZMACHER. Md.8MO0M 6 MURRELI. F.C. / HZM CORP. CONSULTING DOWN99M AND UM*ONMQ/TAL ICIOMSrs GENERAL SPECIFICATIONS (CONT 'D) 0.16 - LINE AND GRADE (a) The Engineer shall establish the lines and grades for the storm drains and appurtenances, and the necessary benchmarks for pavement construction stakeout. (b) All grades, lines, elevations and benchmarks shall be maintained by this Contractor who shall be responsible for same. (c) The Contractor shall verify all grades, lines, levels and dimensions as shown on the drawings, and he shall report any errors or inconsistencies in the above to the Engineer before commencing work. 1 0.17 - BOUNDARIES OF WORK AND CONTIGUOUS WORK The Town will obtain from the property owners rights-of-way for all work specified in this contract, and the Contractor shall not enter or occupy with men , tools or materials , any private ground outside the easements and rights-of-way without the consent of the owner and the approval of the Engineer. Other contractors of the Town may, for all purposes required by their contract, enter upon the work and premises used by the Contractor, and the Contractor shall give to other contrac- tors of the Town all reasonable facilities and assistance for the com- pletion of adjoining work. 0.13 - RIONT-OF-WAY Where the work called for extends upon or through private property , the Town shall produce all necessary rights , deeds and easements for access to the property and the Contractor shall not proceed with this part of the work until the Town has completed negotiations with the property holders and all necessary papers are in the hands of the Town. if, after a reasonable period of negotiations (up to one (1) year from signing of the contract) , rights or easements cannot be obtained, then the Town reserves the right to eliminate those items of work from the contract which required the easements prior to construction. No addi- tional compensation shall be made to the Contractor for such elimination. .4 2 SORT 81-01 GS - 6 of 11 6 NOIIMACHER. MWENO N 3 MURRELL. P.C. / M2M CORP. CONSUMNO DOGIU 1tMs AND DMAONMOITAI WDMM GENERAL SPECIFICATIONS (CONY D) 0.19 - PROTECTION OF WORK The Contractor shall place a sufficiency of red lights on or near any work accessible to the public and keep them burning sunset to sun- rise; he shall erect suitable railings or barriers, and shall provide watchmen on the work by day or night, as required and deemed necessary, for the safety of the work, on public or adjoining property. The Town reserves the right to remedy any neglect on the part of the 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. 0.20 - MAINTAINING FLOW OF SEWERS AND DRAINS The Contractor shall, at his own cost and expense, provide for and maintain the flow of all sewers, drains, house or inlet connec- tions and all water-courses which may be met with during the progress of the work. He shall not allow the contents of any sewer, drain or house inlet connection to flow into trenches to be constructed under the contract, except where written permission is given by the Engineer and shall, at his own expense, immediately remove and cart away from the vicinity of the work all offensive matter, using such precautions in so doing as may be directed by the Engineer. 0.21 - PROTECTION OF EXISTING SUBSURFACE STRUCTURES Certain existing subsurface structures will likely to encountered during the construction of the work embraced in this contract , or located in such close proximity to the work to be done under this contract , as to require special precautions and methods for their pro- tection, such as sewers , drains , water mains and conduits, together with appurtenances , and are shown on the drawings. The sizes, loca- tions and depths shown, however, are only approximate and the Contrac- tor shall satisfy himself as to the accuracy of the inforMation given and shall not claim nor shall he be entitled to receive Compensation 6 for damages sustained by reason of the inaccuracy of the information 1 given or by reason of his failure to properly maintain and support such structures. RT GS - 7 of 11 7 HOLZMAMR. Mc JMM i MURKLL. P.C.I H2M COW oonsuLT m o+ontum mo amrMMORAL ,damns GENERAL SPECIFICATIONS (CONY D) Should the Contractor, through his own negligence, damage any portion of the existing underground structures, sewers, drains, cul- verts, water lines, etc. , located within the limits of the contract, and which are to remain, he shall replace or restore such damaged portions at his own expense and as directed by the Engineer. 0.22 - NOTIFYING UTILITY COMPANIES The Utility Companies shall be notified in accordance with Sec- tion 1918 of the Penal Law of the State of New York and Article 20, Section 322-a of the New York State General Business Law, entitled, "Construction or Blasting Near Pipes Conveying Combustible Gas, " which states, "the person having direction or control of such works shall given such notice and further, he shall ascertain whether there is within one hundred feet in such street, highway. or public place. . .any pipe. . .conveying combustible gas." This Contractor and all other excavators must comply with Indus- trial Code Part 53 whereby this Contractor must obtain the list of each operator of underground facilities and provide advanced notice to each operator of his intent to perform excavation in the area specified under this contract. 0.23 - PUBLIC UTILITY COMPANIES All conduits, sewers, storm drains, water mains, underground elec- tric and telephone conductors or conduits , or gas mains encountered in the construction shall be properly and safely taken care of by the Con- tractor, who shall,, upon encountering same, notify the public corpora- tion to whom they belong, in order that they may be changed in such a manner as not to interfere with the final construction if it is imposs- ible to cross over, under or around the other utility. 6 1 RT GS - 8 of 11 8 HOLZMACHER,Md.ENDW b MURRELL, P.C. 1 H2M CORP. CONSUMNO El1o1NUM AND L"0014M[NTAI euomris IGRNERAL SPECIFICATIONS (CONT'D) 0.24 - INJURY TO SERVICE PIPES In case any damage shall result to any service pipe for water or gas ,, or any private or public sewer or conduit , the Contractor shall , without delay, and at his own expense, repair the same to the satis- faction of the Engineer and in case such repairs are not made promptly or satisfactorily, the Owner may have the repairs made by another contractor, or otherwise, and deduct the cost of same from any monies due or to become due the Contractor. 0.25 - DAMAGES All damage, direct or indirect, of whatever nature resulting from either the performance of or resulting to the work under this contract during its progress from whatever cause, shall be borne and sustained by the Contractor, and all work shall be solely at his risk until the date of the final certificate. 0 .26 - TRAFFIC MAINTENANCE The Contractor shall minimize all interference to vehicular, pedestrian and other traffic. Traffic along the construction site shall be provided with a passable and adequate road. All fire hyd- rants shall be accessible at all times . Maintenance of traffic shall include bridging over construction, construction in sections, providing detours , and other measures speci- fied. Access shall be maintained to all driveways. The Contractor shall furnish and install adequate warning signs , flags, lights , railings, barricades and other devices. Watchmen, flagmen and signal- men shall be provided to maintain traffic . 0.27 - REMOVAL OF TEMPORARY STRUCTURES On or before the completion of the work, the Contractor shall , without charge therefore, tear down and remove all buildings and other structures built by him for facilitating the carrying out of the work and shall remove all rubbish of all kinds from the grounds which he has occupied, and shall leave the site of the work clean and in good condition. 6 1 RT GS - 9 of 11 9 HOUNACHER, MdLEN00N d MURR" P.C. / HZM COM. commnua a4mmEW ANO DmommoaAk sournmm GENERAL SPECIFICATIONS (CONT'D) 0.28 - CLEANING AND FINAL INSPECTION All pipe lines and other structures shall be kept clean during construction, and as the work approaches completion, the Contractor shall systematically and thoroughly clean and make any needed re- pairs to the same. He shall furnish at his own expense suitable tools and labor for cleaning out all dirt, mortar and foreign substances from the structures, and also the water for cleaning by flushing. Any leakage of water into any structure exceeding the limits speci- fied, or any deviation from the proper grade for alignment to the structure or any other defect such as to make the work, in the opinion of the Engineer, fall short of first class work, shall be properly corrected by the Contractor at his own expense. The clean- ing and repairs shall be arranged, so far as practicable, to be com- pleted upon finishing the construction work. Notice to begin this cleaning and repairing, if such is needed , will be given in due sea- son by the Engineer who, at the same time , will make his final in- spection of the work. The Engineer will not prepare his final certificate of this por- tion of the work until after the final inspection is made. During this final inspection , the Contractor, at his own expense, shall fur- nish suitable provisions as to needed drainage, workmen and appli- ances. 0.29 - TOILET FACILITIES Necessary toilet facilities for the use of the workmen on the project, properly secluded from observation, shall be erected and maintained by the Contractor in such manner and at such points as shall be approved, and their use shall be strictly enforced. The contents of same shall be removed, with sufficient frequency to pre- vent nuisance, and disposed of to the satisfaction of the Engineelr and the Town. The Contractor shall obey and enforce all sariltary regulations. The sanitary condition of the grounds in and Around such toilet facilities must be maintained in a satisfactory manner at all times. 6 1 f.T GS - 10 of 11 10 HOLZMACHER,MCLENDON &MURRELL, P.C./ N2M CORP. CONSULTING V401NUAII AND E MMMMWTAL SCIDITISM GENERAL SPECIF'IC:ATIUNS (CUNT'V) 0.30 - CHANGE ORDERS During the construction period of this contract , the Engineer may order, in writing, changes in sizes of (prior to release from the manufacturer) and/or locations of (prior to delivery of materials) and/or additional items. The prices as bid for the respective size installed shall be also applicable to any such changes or additions ordered by the Engineer. The total cost of additional item ordered shall be limited to not more than ten percent (10%) of the total bid (including alternate bids) of all items. Change orders involving extras or additional funds outside the limits of the unit and/or lump sum prices must be approved by the Consulting Engineer and the Town of Southold. 0. 31 - DEFINITIONS The specifications indicate specific manufacturers and/or catalog numbers, etc . , for the purpose of standardization in order to minimize stockpiling of replacement parts. The words "or approved equal" as hereinafter used shall refer to the use of an equal product that has received prior approval by the Consulting Engineer for the Town. The word "Engineer" referes to HOLZMACHER, McLENDON & MURRELL, P.C. , Consulting Engineer for the Town. The words "Owner" or "Town" refer to the TOWN OF SOUTHOLD. 4 2 SH GS - 11 of 11 11 UZ44 HOLZMACHER, MCLENDON i MURRELL.P.C. CON"W4 PAVEMENT RESTORATION & REPLACEMENT ITEM 5 5.1 - SCOPE The work under this item includes sawcutting, removal and disposal of existing pavements (temporary and permament) , and the furnishing and placing of asphalt concrete base and binder courses at the locations indicated on the plans or as directed by the Engineer. 5. 2 - GENERAL Under this item, the Contractor shall be responsible for the re- moval and disposal of the following: 1) All temporary pavement previously placed by Southold Town forces in connection with the installation of new storm drainage leaching pools within the project area. 2) All existing pavement indicated on the plans and any existing pave- ment ordered by the Engineer in the field during construction. In general, the removal of existing pavement will be ordered at those locations where subgrade failure is evident. In addition, severely distressed or cracked pavement will be ordered removed. 3) All existing subbase material down to the required grade for con- struction of the new pavement section. In the event that the material at this grade is considered by the Engineer to be unsuitable as a sub- base for the new pavement,' additional excavation ordered will be paid for under Item 14. Under this item, the Contractor shall construct a new pavement cross section at the aforementioned locations in accordance with the details indicated on the plans. Pavement restoration at leaching pools shall include the additional pavement required behind each structure, as detailed on the plans. Sawcutting is required when removing deteriorated pavement and shall be performed to the Engineer' s satisfaction. Upon completion of sawcutting, all asphaltic concrete on all types of bases shall be removed in a neat, workmanlike manner, using modern pavement removal methods as approved by the Engineer. Disposing of removed material shall be done in an acceptable manner off the site or at a designated area specified by the Engineer. This Contractor shall be responsible for the payment of any dumping fees should he elect to use the Town Landfill facilities. 6 5. 3 - SAWCUTTING 2 The existing asphalt pavement shall be cut at the locations desig- nated by the Engineer. The minimum depth of cut shall be two (2) inches. PRR - 1 of 4 12 t-i(jM HOLZMACHER.MCLENDON 3 MURRELL,P.C. 00tWATw0 Unwoom*«waMrW AL8CIWTM @WftANIMM PAVEMENT RESTORATION & REPLACEMENT (CONT-D. ) 5.3 - SAWCUTTING .(Cont'd. ) All work shall be accomplished in a neat, workmanlike manner, " using approved modern sawcutting methods. Failure to cut a minimum depth of two (2) inches will be con- sidered as grounds for rejection of the sawcut, and the Contractor shall be required to re-sawcut the pavement. No payment will be made for either the additional sawcutting or additional pavement replace- ment required. 5.4 - SUB-BASE The sub-base shall be cleaned of all loose or foreign material, reshaped if rutted, and otherwise prepared so as to provide uniform support for the pavement. All soft or unsuitable material such as loam shall be removed as directed by the Engineer, and replaced with suitable material approved by the Engineer and compacted in six (6) inch layers to the pavement base. Excavation to remove unsuitable materials below the bottom of the proposed base course shall be paid for under Item 14. Shaping of the sub-base shall be accomplished by hand or with mechanical grading equipment after which the. sub-base shall be mois- ened and compacted by means of a vibratory-type compactor in accordance with modern vibratory compaction methods, to the approval of the Engineer. All equipment for the proper preparation of the sub-base and for the placing and finishing of pavement shall be in first-class working order and shall be subject to any inspection the Engineer may desire prior to being placed in use. After the sub-base has been prepared and compacted to the required uniform density and to the- required elevation, alignment and cross-section, it shall be maintained in that condition until the pavement is placed thereon. Pavement will not be placed upon any frozen sub-base or upon any material which, in the opin- ion of the Engineer, is unsuitable as a pavement foundation. The end result of all compactive efforts shall be that the sub-base material is compacted to not less than 95% of maximum density at optimum moisture content as determined by AASHTO T-99. In the event that the Engineer determines that there is reasonable doubt regarding the quality or degree of compaction, he may order that compaction tests be performed at random locations. All compaction tests shall be performed by an independent laboratory previously approved (written approval) by the Engineer. The costs for all 6 compaction testing ordered shall be borne by the Contractor. 2 PRR - 2 of 4 13 HOLZMACHER,MCLENDON 6 MURRELL,P.C. cal"Ma 6MYMIOMOMM*AL dMItND 4"KAMM e PAVEMENT RESTORATION & REPLACEMENT (CONT'D. ) i 5.5 - PAVEMENT MATERIALS Materials utilized for pavement restoration shall be in accor- dance with the "Suffolk County Public Works Specifications of November 1, 1968" as amended. The typical pavement restoration cross- section is indicated on the Contract Drawings. A bituminous material shall be placed on the concrete or bitum- inous base and at sawcut joints, as a tack or seal coat. The minimum application rate of this material shall be 0.1 gallons/square yard. The bituminous material shall conform to the requirements of New York State Department of Transportation Specification Section 407, Item No. 407.01. 5.6 - PAVEMENT CONSTRUCTION All pavement restoration shall be performed in accordance with the requirements of "BITUMINOUS PAVING CONSTROCTION, PART II, SECTION 8" of the "Suffolk County Public Works Specifications of November 1, 1968" as amended. 5.7 - MISCELLANEOUS No payment will be made under this Item for pavement disturbed or broken by the Contractor due to his own nealiaence or for pavements removed to facilitate the construction where specific authorization has not been given by the Engineer. 5.8 - MAINTENANCE AND GUARANTEE After repaving, the Contractor will be responsible for his work and will have to repair any sunken trenches immediately after notifi- cation from the Engineer, to the satisfaction of the Engineer and the Town of Southold Highway Department for a period of one (1) year after the date of final certificate. 5.9 - BASIS OF PAYMENT Payment will be made for the various types of pavement removal and restoration on a square yard basis in the following manner: Item SA - Remove temporary pavement placed by others and restore excava- tion area with new asphaltic concrete as detailed on the plans. Con- struction of paved areas behind each of the new leaching pool structures 40 shall be included under this item. 2 Item 5B - Removal of existing deteriorated pavement sections and replace- ment with new asphaltic concrete as detailed on the plans or as ordered by the Engineer. PRR - 3 of 4 - _ 14 1112% HOLZMACHER, MCLENDON&MURRELL.P.C. oON"MnDSWW&IW M WAWAL9COMMnrww""w PAVEMENT RESTORATION & REPLACEMENT (CONT-D. ) 5,9 - BASIS OF PAYMENT (Cont'd. ) All pavement restoration shall be in accordance with the applicable Suffolk County Department of Public Works Specifications, the details in- dicated on the Contract Drawings and the directions and orders of the Engineer. The unit price bid for these items shall include all materials, labor, equipment and incidentals necessary to complete the work. w 2 PRR - 4 of 4 15 rMHOLZMACHER, McLENDON i MURRELL.P.C. ppNNNTMq ENOMINM�NYMOMM�MM W[MMT�.M r1AMMtM MAINTENANCE AND PROTECTION OF TRAFFIC ITEM 10 10. 1 - SCOPE The work includes furnishing all labor, materials, equipment and appliances necessary to maintain both vehicular and pedestrian traffic, to protect the public from all damage to person and property and to minimize inconveniences to the residences and businesses ad- jacent to the. contract area for the duration of the contract in accordance with the specifications, as shown on the plans and as directed by and to the approval of the Engineer and the Town of Southold Highway Department. 10.2 - GENERAL The Contractor shall maintain traffic over a reasonably smooth travelled way which shall be so marked by signs, delineations and/or other methods so that a person who has no knowledge of conditions can safely, and with a minimum of discomfort and inconvenience, ride, drive or walk over all or any portion of the roadway under construc- tion. onstrue- tion. The Contractor shall prepare and submit a plan to the Engineer for his approval , outlining a schedule of operations for the mainten- ance, protection and detouring of traffic showing in complete detail the methods, sequences, procedures and facilities he proposes to install. Before the Contractor shall in any way or manner restrict or interfere with the normal flow of traffic, he must first secure written approval of his proposed plan from the Engineer. The Contractor is placed on notice that the Maintenance and Pro- tection of Traffic over this highway during construction is con- sidered as important and necessary an item of work as is the actual construction itself. The Contractor shall at all times conduct his operation in a manner to insure the safety of motorists, pedestrians and his own employees. The Contractor shall protect the user from damage to person and property by reason of any construction operation ( for example -- painting , paving, blasting, tree work, demolition, etc. ) by such protective screens , devices or methods as are approved by the Engineer. 1 6 2 SORT MPT - 1 nf A 16 HOLZMACHER, McLENDON&MURRELL,P.C. ppNN1►�NglMOMNlM lNYN1pMMtMfK�plMMi�.M RAwMM MAINTENANCE AND PROTECTION OF TRAFFIC - CONT'D. The Contractor shall under this item be responsible for the maintenance within the limits of the contract of the entire pave- ment, drainage facilities and other highway elements, both old and new, beginning on the date construction commences and ending on the date the contract is officially accepted. The Contractor shall schedule his work so as to minimize the amount of the old travelled way that is destroyed or substantially damaged at any one time. Throughout the course of the work the health and welfare of the people shall be provided for. The Contractor shall at -least one ( 1) week in advance of proposed work, ascertain the specific needs of individuals whose homes or place of business may be inaccessible for periods of time while required construction work is in progress. In all such cases, the Contractor shall make all arrangements with health, safety and protective agencies to insure. that any and all emergency or accidental needs of seriously hampered people will be cared for. Roads which must be closed to traffic completely shall be completed during the normal work week. One week's advance notifi- cation of construction shall be given to affected residents. 10.3 - MATERIALS All materials used shall comply with the requirements for the various items or materials as established in the specifications or the plans. All temporary signs, delineators, barricades, lighting and other warning and guiding devices shall be as approved by the Engi- neer, and will remain the property of the Contractor. All materials and equipment and workmanship for electrical installations shall be in strict compliance with the Standard Code Requirements and the work shall be performed by licensed electri- cians. The Contractor shall obtain, supply and pay for all required electrical energy and shall make all necessary arrangements with the utility company for service points. All electrical services, permits and certificates shall be obtained and paid for by the Contractor. i OHT MPT - 2 of 6 17 JH2" HOLZMACHER,MCLENDON&MURRELL,P.C. CONMRfMq EMOMIgM NIVMIOIWiMM�dMTMR.M NMMMM MAINTENANCE AND PROTECTION OF TRAFFIC - CONT'D. 10.4 - CONSTRUCTION DETAILS 10. 4. 1 - General - The Contractor shall generally provide a • travelway suitable for maintaining a minimum of two lanes of traffic. This travelway shall be kept well drained and reasonably smooth and hard at all times and free of potholes, bumps, irregularities and depressions that hold or retain water. 10.4.2 - Warning Signs & Delineators - The Contractor shall erect barricades, detour signs, warning lights and other facilities approved by the Engineer at the beginning, end and for the entire length of any detours to adequately warn the travelling public that the road is closed and indicate the direction and route of the detour. He shall conduct his operations to insure a minimum of delay to traffic. The Contractor shall furnish, erect and maintain proper reflect- orized signs, indicating to motorists the status of the highway under construction. All signs shall be kept clean, mounted at the indicated height and so placed as to be effective both day and night. Signs, warnings, delineators and barricades shall be used to adequately inform the motorist of any unusual or unsafe condition and to safely and clearly guide him through the contract area. Such signs, barricades, warnings or devices shall be so placed and lighted as to give timely warning and permit the motorist to take the necessary action to traverse the area safely. Barricades and signs shall be lighted when and as required . The Contractor shall delineate areas where there is a drop-off near the edge of the travel lanes and areas on which it is unsafe to travel . Where the drop-off is less than 6-inches, and where soft or unsafe areas occur, an approved delineator shall be placed along the edge of the travelway at intervals of not more than 200 feet. Where the drop-off is greater than 18-inches, a continuous delineation consisting of a white board or band shall be used in addition to individual delineators. Thirty ( 30) to fifty (50) gallon drums or containers set on end may be used as delineators, provided they are painted orange and white and kept clean at all times. Other markers or delineators may be circular or rectangular in shape and shall be constructed of reflective sheeting having a minimum area Of 20 square inches or reflective buttons having a minimum diameter of 3-inches. All reflective delineators or markers shall be yellow or amber in color except that at entrances to commercial establish- ments the Contractor shall place a green reflective marker on each side of the designated safe entrance to the establishment. The entire 6 - 2 SOHT MPT - 3 of 6 18 HOLZMACHER,McLENDON&MURRELL,P.C. ow�w»a i�eeM,tMrMonrunK wtNnan..�w�ew MAINTENANCE AND TRAFFIC PROTECTION - CONT'D. entrance area between adjacent green markers shall be kept safe and smooth for convenient ingress and egress. Delineators shall be sub- stantially mounted so that the bottom of the reflective unit is 4 feet above the elevation of the travelway. Any area judged by the Engineer to be particularly hazardous shall be marked by the use of oil burning flares or signal flashers with a large reflectorized orange lens in addition to the reflective markings. All signs, markers and other facilities shall indicate actual conditions existing and shall be moved, removed or changed immediately, as conditions require . Details and types of signs, temporary barricades, timber curb and other devices are shown on Standard Structure Sheets, Manual of Uniform Traffic Control Devices of the New York State Traffic Commission. These are minimum requirements and the Contractor shall have an adequate quantity of each available for use as required. The Engineer may, if conditions exist, requkre additional signs. In that event, they shall be consistent with the arrangements, material requirements and details of those shown on the Standard Structure Sheets. Lighted barricades shall be fully equipped with complete electrical facilities including fixtures, lamps, conduits, switches, cut-outs, boxes, cable and all other required equipment, appurtenances and connections to the service points designated by the utility company a as necessary to install and light the barricades. The Contractor shall set and adjust time switches and other equipment as required to put the lighting system in satisfactory operation. 10.4.3 - Maintenance - The Contractor shall furnish material, labor and equipment at any time, day or night, to immediately repair, remedy and prevent washouts, formation of holes, ruts and depressions, sunken trenches and the destruction or sinking of temporary pavements. This applies when the work is underway and when the work is temporarily suspended for any period of time. Special attention shall be given to maintenance of a satisfactory travelway over weekends, holidays, and during the winter season. Any damage to any portion of the work occasioned by lack of adequate maintenance shall be repaired by the Contractor at his own expense. 6 2 SOHT MPT - 4 of 6 19 HOLZMACHER, MCLENDON&MURRELL.P.C. OOMNKTNIO ENOMNtM.tNYMpMlN1K tgtNTN/t M KAMMtM MAINTENANCE AND PROTECTION OF TRAFFIC - CONT'D. x 10. 4.4 - Flagmen - Whenever it is necessary to maintain traffic, the Contractor shall employ a sufficient number of competent flagmen during the time traffic is maintained. The Contractor shall also provide a sufficient number of competent flagmen in areas where traf- fic is congested, particularly where construction equipment is operating. 10.4 .5 - Access - Under this item, the Contractor shall construct and maintain at all times where required or as directed, temporary bridges or bridging across pipe trenches, excavations, obstructions and newly laid pavements to provide adequate ingress and egress for pedestrian and vehicular traffic to and from private driveways, busi- ness and commercial establishments or for main street intersections and heavily travelled crossings. The Contractor will be required, after the installation of all pipes and necessary appurtenances thereto, to immediately backfill all trenches, compact the same with the surface -of the fill graded off, and install temporary pavement to permit the resumption of traffic without delay. The surfaces of all trenches shall be maintained continually by the Contractor to carry traffic smoothly, safely and without interruptions or slowdowns , until the permanent pavement has been restored. r 10.4.6 - Existing Signs - All existing highway signs and supports within the contract limits are to remain under the control and juris- diction of the Engineer and are to be properly maintained for the duration of the contract by the Contractor as directed by the Engineer. The Contractor shall, when shown on the plans or ordered, remove these existing signs; store, protect and keep them clean; and replace them on the contract as directed by the Engineer. Signs not to be replaced shall be cleaned and delivered to the Town as directed by the Engineer. Signs or markers lost or damaged because of negligence on the part of the Contractor shall be replaced at the Contractor 's expense. 10.5 - BASIS OF PAYMENT The work of maintenance and protection of traffic shall be paid for under Item 10 at a lump sum bid price that is greater than or equal to the minimum bid price indicated on the proposal sheets. In the event that, in the opinion of the Engineer, traffic is not properly and adequately maintained on any part of the contract on any day, and/ or the Contractor deviates from or fails to comply with the approved plans, schedules and modifications or amendments thereto, no payment for 6 maintenance and protection of traffic will be made for that day. 2 SORT MPT - 5 of 6 20 HOLZMACHER, McLENDON&MURRELL.P.C. oo�wu�oe�aiweM xwwio�w»r�► n.wawiwE�a MAINTENANCE AND PROTECTION OF TRAFFIC - CONT'D. Daily cleanups of the project site are considered an integral part of the maintenance and protection of traffic. Therefore, no r payment will be made for those days where, in the opinion of the Engineer, the Contractor has not performed a satisfactory cleanup. The amount of any such daily non-payment will be $100 . The aggregate sum of money deducted for daily non-payment may exceed the actual amount bid for this item and may be deducted from any monies due the Contractor on other items of this contract. If the Contractor fails to maintain and protect traffic ade- quately and safely for a period of 24 hours , the Engineer may cor- rect the adverse conditions by the use of such means that he may deem necessary and augmented by such other equipment and personnel as it may be necessary to hire from outside sources, and the entire cost of this work by such forces, materials and equipment shall be deducted from any monies due the Contractor-:on this contract. The deduction due to the cost of this work shall be in addition to the daily non-payment deductions listed above. The bid price shall include the cost of furnishing all labor, materials, tools and equipment necessary to satisfactorily complete r the required work. Monthly payments will be made for this item in proportion to the total amount of contract work, excluding maintenance and pro- tection of traffic, completed divided by the total bid price less the stated allowance for maintenance and protection of traffic. 6 2 SORT MPT - 6 of 6 21 HOLZMACHER, McLENDON 6 MURRELL.P.C. oowarra tra»wiw. «.Mawwu► aiwnan.w n�a� TACK COAT r ITEM 11 M 11. 1 - SCOPE This work shall consist of preparing and treating an existing bituminous or concrete surface with bituminous material in accordance with these specifications and in reasonably close conformity with the limits shown on the plans or established by the Engineer. 11.2 - MATERIALS The bituminous material, prior to dilution, shall meet the re- quirements of one of the following material designations from the N.Y.S.D.O.T. "Standard Specifications - CONSTRUCTION AND MATERIALS", dated January 2, 1981 : Asphalt Emulsion (HFMS-2h) 702-3401 Asphalt Emulsion (SS-1h) 702-3601 Cationic Asphalt Emulsion (CSS-1h) 702-4501 r The bituminous material shall be diluted with an equal volume of suitable emulsifier solution and thoroughly mixed into a homogeneous liquid . The diluted bituminous material will be sampled and tested in accordance with the Engineer 's written instruction. 11.3 - CONSTRUCTION DETAILS 11.3.1 - Equipment - The Contractor shall provide equipment for heating+t-e`bituminous material and a distributor for applying the tack coat. The distributor shall be so designed, equipped, maintained and operated so that bituminous material can be applied uniformly on variable widths of surface up to 15 feet at readily determined and controlled rates from 0.05 to 2.0 gallons per square yard, with uniform pressure, and with an allowable variation from any specified rate not to exceed 0 .02 gallons per square yard. Distributor equipment shall include a tachometer, accurate volume measuring devices or a calibrated tank, and a thermometer for measuring temperatures of tank contents. Distri- butors shall be equipped with a power unit for the pump, and full cir- culation spray bars adjustable laterally and vertically. Distributors 0 shall be equipped with an approved bituminous material sampling valve. When samples are taken through such valves, they shall be considered 1 representative of . all material in the tank. TC - 1 of 2 22 HOLZMACHER, MCLENDON&MURRELL,P.C. apNlIlLfNq lNOIM!!M lNyN1pNMEMtK lf71lNTNf!w/gAMwlM TACK COAT - CONT' D. 11. 3.1 - Equipment - (CONT' D. ) Small power spray units or hand spray equipment may be used in areas where the Engineer determines that the use of a distributor is impractical . 11.3.2 - Preparation of Surface to Be Treated - The existing surface shall be patched and cleaned and shall be free of irregularities to provide a reasonably smooth and uniform surface to receive the treat- ment. Unstable corrugated areas shall be removed and patched with mat- erials determined suitable by the Engineer . The edges of existing pavements, which are to be adjacent to new pavements, shall be cleaned to permit the adhesion of bituminous materials . 11.3.3 - Application of Bitminous Material - The bituminous material shall be uniformly applied 'with a p1re ssure distributor . The tack coat shall be applied in such a manner as to permit one-way traffic, where practical. In addition, the tack coat shall be applied so as to offer the least inconvenience to traffic and to prevent pickup or tracking of r the bituminous material. Tack coat shall not be applied during wet or cold weather, as determined by the Engineer. The temperature and areas to be treated shall be approved prior to application. The application rate shall be 0 .10 - 0 .15 gallons per square yard unless otherwise ordered by the Engineer. 11.4 - METHOD OF MEASUREMENT The quantity to be paid for will be the number of gallons of diluted emulsion measured at 60 degrees Farenheit incorporated into the work. 11.5 - BASIS OF PAYMENT The unit price bid per gallon for tack coat shall include the cost of furnishing materials and all equipment and labor necessary to com- plete the work. 1 0 1 TC - 2 of 2 23 HM CORP. / H02MACHER. McLEN00N 6 MURR" P.C. comsmnNa 04mm"u MO UMWWMMTAL Gavmfn THERMOPLASTIC PAVEMENT MARKINGS 12. 1 - SCOPE Under this item, the Contractor shall furnish and apply thermoplastic reflectorized pavement markings at the locations and in accordance with patterns indicated on the plans or pavement, or as ordered by the Engineer. This work shall include the cleaning and preparation of pavement sur-faces and the maintenance and protec- tion of traffic during installation. 12. 2 - MATERIALS : THERMOPLASTIC PAVEMENT MARKING MATERIAL (WHITE & YELLOW This specification shall cover reflectorized thermoplastic pavement striping material that is extruded to the pavement surfaces in a molten state by mechanical means and which upon cooling to the normal pavement temperature produces a reflectorized traffic stripe of desired thickness and width. The term "Thermoplastic Material" defines a substance free of volatiles , applied in a molten state, which after cooling to the ambient temperature and without polymerization or any other chemical change forms a traffic marking stripe of a quality and appearance as specified in subsequent sections of these specifi- cations . This specification is intended to set minimum limits on material characteristics of the thermoplastic compound. The successful bidder shall furnish test samples of materials. He must also submit a list of installations made in the last three years. Material composition shall be in accordance with the following: A. In the plastic state, the material shall not give off fumes which are toxic or otherwise injurious to persons or property. B. The temperature versus viscosity characteristics of the plastic material shall remain constant through four reheatings ; and shall be the same from batch to batch. There shall be no obvious change in color of the material as a result of a number of reheatings or from batch to batch. C. The pigmented binder shall be well dispersed and free from all skins, dirt, foreign objects, or such ingredients as will cause bleeding, staining or discoloration. 24 PM - 1 of 5 H2M CORP. / HOUMACHER, Md.ENOON 6 MURR" P.C. CONSULTING ENGINUM ANO UMMOaMtNTAL 0001TIST11 THERMOPLASTIC PAVEMENT MARKINGS — CONT' D . D. The binder shall consist of a mixture of non-drying synthetic resins at least one of which is solid at room temperature. The total binder content of the thermoplastic compound shall be not less than twenty percent (20%) and sufficient to hold the exposed beads securely in place without the beads abrading off. E. The filler to be incorporated with the resins as binder shall be a white calcium carbonate- or approved alternate with a minimum compressive strength of five thousand pounds (5,000 lbs. ) per square inch. F. Specific gravity of- the materials shall be between 1.9 and 2. 1 at 25 degrees centigrade. G. The percentage of pigments for white and yellow thermoplastic shall be between 10% and 15%.. H. The softening point (ASTM E 28 Test) shall be a minimum of 90 or as the Engineer approves . I . Reflectorized beads (Fed. Spec. TT-P-85) shall be employed in the material to the extent of not less than twenty percent (20%) nor more than 30 percent (30%) by weight of material. The glass beads used in the formulation shall have refractive indexes of not less than 1. 50 when tested by the liquid method at 25 degrees centigrade; shall consist of 90% min. by count of water white true spheres and shall be free from air inclusions . The beads shall have the following gradation unless the Engineer approves alternate sizes: U. S. Sieve No. Maximum Percent Passing 30 60% 50 15% 100 0% Not less than 90% of the spheres shall meet the following require- ments : 1. The surface of the spheres shall be smooth, 'lustrous and free from film, scratch and pits . .y PNi - 2 of 5 25 H2M CORP. / HWAVCHER. Md.ENOON 6 MURAW. P.G. WNSWINo DWHUM ANO DMOONMWTAL MUM" THERMOPLASTIC PAVEMENT MARKINGS — CONT'D. 2. The spheres shall be clear and transparent and shall not be ovate in shape or fused spheroids and shall meet ASTM D1155 speci- fications. peci- fications. 3. The spheres shall show high autocollimating efficiency. Not more than 1% shall be black, amber or milky. The compound shall not deteriorate by contact, with sodium chloride, calcium chloride, or other chemicals used against formation of ice on roadways or streets or because of the oil content of pavement materials or from oil drip- ping from traffic. J. Topdressing beads shall be beads with a refractive index of 1. 50 and the same specifications as above in Paragraph 1. Paymentfor these beads shall be included in the cost of thermoplastic material. K. The night-time visibility and reflectivity of the white and yellow thermoplastic lines shall be at least equivalent to reflectorized painted traffic lines having six pounds per gallon drop on beads of 1.5 index of refraction after each has been applied side by side on heavily traveled roads for one month. 12.3 - INSTALLATION PROCEDURES A. Layout for the installation of pavement markings will be performed by the Contractor. In the event resurfacing is completed at a time when the thermo- plastic cannot be applied, the Contractor shall install temporary paints lines as directed by the Engineer. The Contractor shall install re- quired permanent thermoplastic lines when the road surface is the appropriate temperature. The Contractor in submitting his bid, hereby agrees that he shall have no claim for any damages due to such delay other than extended time to complete the work. Application for exten- sion of time shall be filed by the Contractor with the Engineer at least 13 days prior to the contract date of completion. The cost of any required temporary painted lines shall be included in the unit price bid for Item 12. B. Installation procedures for thermoplastic materials shall be in accordance with the following: • 1. Before any work is begun, a schedule of operations shall be submitted for the approval of the Engineer. Signs, cones and other traffic control devices necessary to conform maintenance of traffic operations to the New York State Manual of Uniform Traffic Centrol Devices shall be on hand for the Engineers inspection prior to the start of work. PM - 3 of 5 26 HM CORP. / HOUMACHER. McLENOON 3 MURRELL. P.C. comsuLnNs E"NOW Arra (lMWNMQITAL MUMS" THERMOPLASTIC PAVEMENT MARKINGS — CONT' D. 2. Material shall be applied to the pavement at material temper- ature no lower than 360OF nor higher than 4200F. Installation shall be done only in seasonable weather, in accordance with good practice and in accordance with the manufacturer's recommendation. Immediately after application of the thermoplastic, drop on glass spheres (top- dressing beads) shall be mechanically applied while the thermoplastic is still sufficiently molten, such that the spheres will be held by and mechanically imbedded in the surface of the material, in order to provide immediate night reflectivity. 3. The material shall be placed in accordance with the layout lines marked by the Contractor and shall conform as closely as possible to these layout marks. 4. Cleaning Equipment - Equipment must be provided to insure removal o df ust, debris, and other foreign-matter from the road surface immediately prior to the installation of the thermoplastic. 5. Condition of pavement - The pavement shall be dry and free from oil, dirt, grease or other foreign contaminants at the time of instal- lation and the pavement temperature shall be above 550F and ambient temperature shall be 45OF and rising. 6. Equipment for Melting and Heating Thermoplastic Material - A special kettle mounted on a mobile unit is required for melting and heating the material. Such equipment shall incorporate the following features: The kettle shall be of sufficient capacity to satisfy the minimum installation requirements of the material as specified hereafter; The kettle shall provide means of heating the material by means of thermo- statically controlled heat transfer liquid rather than by direct flame, so as to provide positive temperature control and prevent overheating of the material; suitable temperature gauges to indicate liquid and material temperatures at all times shall be provided in the kettle; The kettle shall provide means of continually agitating the material while the material is being heated; the kettle shall have neam's of rapidly and efficiently discharging the liquid material into appro- priate application equipment; the kettle shall be equipped and con- structed in such a manner so as to satisfy the requirements of the National Board of Fire Underwriters and the appropriate agencies of the State of New Mork. 7. Application Equipment - Equipment shall be provided to place the material on the pavement as a finished line. The portable hand operated applicator shall include the following features: PM - 4 of 5 27 H2IA CORP. / HOLZM MER. McLENDON 6 MURRELL. P.C. CON MTM MUNUM ANO VMAONMDffAL 900MOS THERMOPLASTIC PAVEMENT MARKINGS — CONT' D. The applicator shall provide agitation for the material prior to its actual installation; the applicator shall provide means of • maintaining the material at its proper application temperature(not lower than 360OF nor above 4200F) ; the applicator shall be equipped with an extrusion shoe (die) that shall maintain uniformity of speci- fied width, and thickness of not less than 3/16-inch of generally. uniform cross-section. The shoe(s) or die(s) shall be made available to the Engineer for inspection prior to the start of work; the appli- cator shall provide a means of cleanly cutting off the ends of each length; the applicator shall be capable of providing lines of vari- able widths from 4-inches to 12-inches by use of interchangeable parts ; the applicator shall be easily maneuverable and so constructed as to permit application of curved lines ; the applicator shall be provided with a bead dispenser capable of uniformly dispensing reflective glass spheres (topdressing) at controlled rates of flow. The bead dispenser shall. be automatically operated in such a manner that it will only dispense beads while the material is being applied. The beads shall be dispensed at a rate of not less than one pound per 16-square feet of material. Equivalent to 1 pound per 48 L.F. of 4-inch line. The ap- plicators shall be equipped -and constructed in such a manner so as to satisfy the requirements of the National Board of Fire Underwriters and the appropriate agencies of the State of New York. In addition, a truck mounted mobile applicator may be used for the installation of longitudinal lines. This pavement marking machine shall combine the specifications of the above described kettle and applicator in one self- contained unit. 12.4 - BASIS OF PAYMENT Payment shall be made under Item 12 at the price bid for the actual number of linear feet of four-inch-wide pavement marking material measured along the center of the surface stripe. No payment will be made for the number of linear feet of space in the dashed line. Payment for markings wider than four inches will be made at contract price per foot of the four-inch line multiplied by the actual width in inches divided by four. Payment for arrows shall be made as equivalent to 50 feet of four-inch line per arrow. This item will be paid for at the contract unit price per linear foot of four-inch-wide pavement marking. The unit price bid shall include full compensation for furnishing all material, equipment, labor, and incidentals necessary to satisfactorily complete the work. All material includes topdressing beads . 28 PM - 5 of 5 HOLZMACHER, MCLENDON 3 MURRELL,P.0 C0WMTMQ EMONKEM.&WV6F4WA04TAI SM8611Sn M/nAWAft ADDITIONAL EXCAVATION AND BACKFILL ITEM 14 • 14.1 - SCOPE The work includes the furnishing of all labor, materials, equip- ment and appliances necessary to perform, stockpile and dispose of additional excavation, furnish and place additional selective backfill, perform and dispose of rock excavation in accordance with the speci- fications as ordered by and to the approval of the Engineer. 14.2 - STOCKPILING OF SURPLUS MATERIALS The Contractor shall stockpile all materials that are excess from excavations that are suitable for reuse under this section of the specifications. The excess materials from excavations shall be stock- piled on property provided by and at the expense of the Contractor. When ordered by the Engineer to provide backfill, the Contractor shall utilize all of the material stockpiled prior to furnishing "addi- tional backfill" , for which separate payment will be made. At the completion of construction, all excess materials stock- piled will become the property and responsibility of the Contractor. There shall be no payment for maintenance of the stockpile herein described nor shall there by payment for rehandling any materials in the stockpile to incorporate it into the work. Payment shall be made only for the additional excavation required, if any, to remove unsuit- able materials from beneath normal excavation lines. 14. 3 - DESCRIPTION 14. 3. 1 - Additional Backfill - Shall consist of crushed stone or bank run sand and gravel, free from organic or other unsuitable Material, and of approved size, grade and quality for use as indicated on the plans where directed by the Engineer. Prior to use, the Contractor shall submit for Engineer's approval, a sieve analysis of the special backfill. The material shall be of such size that not more than 70 percent by weight shall pass the No. 40 mesh sieve and not more than 15 percent by weight shall pass the No. 200 mesh sieve. 14. 3.2 - Additional Excavation Shall consist of the removal and dispose o any unsuita a oun ation material encountered during any ti pavement construction. Suitability of various materials as a foundation material will be decided by the Engineer. 6 2 AE&B 1 of 3 29 HOLZMACHER, MCLENDON 6 MURRELL.P.C. C4WMLjwQ ENOIM104.ENV010"NIAL fGE04tMt1.M/MNNEM ADDITIONAL EXCAVATION AND BACKFILL (CONT'D. ) 14. 3. 3 - Rock Excavation - Shall be classified as boulders, hard and solid ledge rock and other similar materials of more than one-half cubic yard (h c.y. ) volume. 14. 4 - PLACING ADDITIONAL BACKFILL Additional backfill shall be spread in layers not exceeding 6-inches in thickness and shall be thoroughly compacted to prevent settlement. Any settlement in the finished work shall be made good by the Contractor at his own cost and expense. 14. 5 - BASIS OF PAYMENT Payment will be made at the unit price bid under Item 14A for the actual number of cubic yards of Additional Backfill as explained in Section 14. 3.1, for additional selective backfill as ordered by the Engi- neer that is not already stockpiled by the Contractor for work ordered by the Engineer outside the prescribed limits as detailed on the plans or indicated in the specifications. No measurement and payment will be made for additional backfill used in unauthorized areas. The price bid per cubic yard for additional backfill shall include necessary ex- cavation and disposal and shall cover the cost of all materials and expenses incidental to the furnishing, placing and compacting the addi- tional backfill in the completed work, in accordance with the specifica- tions, or the Engineer' s directions. Bids on Item 14A shall not be less than $2.00 nor more than $10.00 per cubic yard. Payment will be made under Item 14B at the unit price bid per cubic yard for additional excavation for the actual number of cubic yards removed below subgrade. Additional excavation shall be performed only when authorized by the Engineer. Bids on Item 14B shall not be less than $2. 00 nor more than $10. 00 per cubic yard. Payment for rock excavation will be made at the unit price bid for Item 14C and shall be for the actual number of cubic yards of ledge .rock or boulders that must be removed in order to provide the proper subbase for pavement construction. In the excavation for pavement construction, the unit price to be paid for the rock excavation shall be the additional cost per cubic yard for rock excavation. No payment shall be made nor shall measurement be made by any rock or boulder removed which did not exceed one-half cubic yard (h c.y. ) in volume. 6 2 AE&B - 2 of 3 30 F12)% -�(ju HOLZMACHER, MaLENDON&MURRELL,P.C. ■ ��- Cf7NEUlfNq EN01MEEM.ENYMIONMENfN EpENf�Eff�N�tAMNE/N ADDITIONAL EXCAVATION AND BACKFILL (CONT'D. ) Bids on Item 14C shall not be less than $3.00 nor more than $50.00 per cubic yard. Payment under these Items shall include furnishing all labor, mate- rial, equipment and incidentals necessary to perform additional excava- tion, furnish and place additional backfill and perform rock excavation. 6 2 AE&B - 3 of 3 31 HOLZMACHER, McLENDON & MURRELL. P.C. / H2M CORP. CON3ULTINO ENOINMS AND ENVIRONMU4TAL SCIENTIST! INDEMNITY, LIMITATION OF LIABILITY 1 . INDEMNITY The Contractor and all sub-contractors performing work in connection with this contract shall HOLD - HARMLESS, INDEMNIFY and defend the OWNER and ENGINEER, their consultants, and each of their officers, agents and employees from any liability, claims, losses or damage including reason- able costs of defense arising out of or alleged to arise from the Con- tractor' s or sub-contractor' s negligence in the performance of the work described in the Contract documents, but not including liability that may be due to the sole negligence of the OWNER, ENGINEER or their officers, agents and employees. n 2 . LIMITATION OF LIABILITY 1 The Contractor and all sub-contractors agree to limit the liability of the OWNER and ENGINEER due to the Engineer' s professional negligent errors or omissions such that the total aggregate liability of the engineer to those named shall not exceed fifty thousand ( $50,000 . ) dollars, or 5% of the contract award amount, whichever is greater. 1 0 0 ILL 1 of 1 MIA..CMM."ILM. MClLt4L^JM 4 INUnMLLL. r.k. / ..a� w..r. CONSULTING ENGINEERS ANO ENVIRONMENTAL SCIENTIST! CONTRACT CONTRACT IN QUADRUPLICATE FOR AT TOWN OF SOUTHOLD, SUFFOLK COUNTY , NEW YORK , dated 19 , BY AND BETWEEN THE TOWN BOARD OF THE TOWN OF SOUTHOLD. SUFFOLK COUNTY , NEW YORK , (herein called the "Town, " and (herein called the "Contractor" ) . WITNESSETH , that the Town and the Contractor, in consideration of the premises and of the mutual covenants , considerations and agreements herein contained , agree as follows: This Contract is hereby awarded to the Contractor for the work and material called for under his bid in the Proposal section of the Contract and designated as Items: and if required by the Consulting Engineer, Items: _ for the sum of: Dollars for the unit and/or lump-sum price(s) as listed in the Proposal herein . C-1 HOIZMACHER. MCLENDON 6 MURRELL. P.C. / H2M CORP. CONSULTING ENGINEER{ AND ENVIRONMENTAL SCIENTIST! CONTRACT - CONT' D. 1 . CONTRACT DOCUMENTS AND DEFINITIONS The Notice to Bidders, Information for Bidders, Proposal , General Conditions, Contract, Specifications and Plans, together with any Addenda , shall form part of this Contract , and the pro- visions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. The titles, headings, head- lines 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 Docu- ments" is used, it shall mean and include this Contract , the Plans, Specifications, any Addenda , and the Notice to Bidders, Information for Bidders, General Conditions and Proposal. In case of any con- flict or inconsistency between the provisions of the Contract and those of the Specifications, the provisions of the Contract shall govern. WORK: The ' term "Work" , as used herein, refers to 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 completed project , and includes all plant , labor, materials , supplies, equipment and other facilities and acts necessary or proper for or incidental to the carrying out and completion of the terms of this Contract . The term "work performed" shall be construed to include material delivered to and suitably stored at the site of the project. EXTRA WORK: The term= "Extra Work" , as used herein, refers to and includes all work required by the Town which, in the judgment of the Engineer , involves changes in or additions to work required by the Plans, Specifications and any Addenda in their present form. SUBCONTRACTOR: The term "Subcontractor" , as used herein, shall mean any person, firm or corporation applying labor and material for work at the site of the project , but not including the parties to this Contract. ENGINEER: In the performance of the work, the Town shall be represented by its Consulting Engineer HOLZMACHER, McLENDON & MURRELL, P.C. , (herein called the "Engineer") . C-2 HOLZtiMACHER. MGLENDON & MURRELL. P.C. / H2M CARP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONV D. 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 the last known business address of , the person, firm or corporation for whom intended or to his, their , or its duly authorized agents, representatives or officers, or when enclosed in a postage prepaid wrapper or enve- lope addressed to such person, firm or corporation at his, their, or its last known business address and deposited in a United States Mail Box. DIRECTED REBUIREDy 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, designa- tion or prescription of the Engineer, and "approved", "satisfied" , or "satisfactory" , "in the judgment of" , and words of like import, shall mean approved or acceptable to, or satisfactory to, in the judgment of the Engineer. 2. SCOPE OF THE WORK The Contractor will furnish all plant , labor, material , 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 the Contract. 3. COMPENSATION TO BE PAID TO THE CONTRACTOR (a) Agreed Prices : It is understood and agreed that the Con- tractor 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 reason of variations from the estimated quantities set forth in the Proposal. (b) Extra Work and/or Changes: The Town 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 : C-3 HOLZMACHER, McLENDON 6 MURR" P.C. / H2M CORP. CONSULTING ENaINEEA• ANO ENVIRONMENTAL BCIENT M CONTRACT - CONT'D. (1) By such applicable unit: prices , if any , as set forth in the contract , or r (2) If no such unit prices are set forth, then by unit prices or by a lump sum mutually agreed upon by the Town and the Con- tractor, or (3) If no such unit prices are 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, or 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 percent (20%) as full compensation for all other items of profit , costs and expenses, including administration, overhead, superintendence, insurance, insurance other than Workmen 's Compen- sation Insurance, material used in temporary structures, allowances made by the Contractor to subcontractors, additional premiums upon the Performance Bond of the Contractor and the use of small tools. 4 . TIME OF ESSENCE Inasmuch as the provisions of this Contract relating to the time for 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 pro- visions are of the essence of this Contract. 5. COMMENCEMENT OF WORK The Contractor agrees that he will commence work within ten (10) consecutive calendar days after signing this Contract, and t-hat the day Tie commences work shall constitute the first of the consecutive calendar days allowed for completion of the work. C-4 HOLZMACHER, MCLENDON d MURRELL. P.C. l HZM CORP. CONSULTING ENGINEWS AND ENVIRONMENTAL SCIVITISTS CONTRACT - CONV D. 6. TIME FOR COMPLETION The time for completion of this Contract shall be within the number of calendar days stated in the Bid Proposal and the date of such compl6tion shall be the date of the certificate of com- pletion hereinafter specified. The Town reserves the right to order the Contractor to suspend operations when, in the opinion of the Engineer, impro- per weather conditions make such action advisable, and to order the Contractor to resume operations when weather and ground con- ditions permit. The days during which such suspension of work is in force are not chargeable against the specified completion time. 7. LIQUIDATED DAMAGES FOR DELAY The time limit being essential to and of the essence of this Contract , the Contractor hereby agrees that the Town 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 two hundred and fifty dollars ($250.CO) per day 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 Town 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, provided, however, that the Town 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 completign of his 4 work by reason df unforeseeable causes beyond his control and with- 2 out his fault, or negligence, including but not restricted to Acts .of God or of any public enemy, acts or neglect of the Townt acts or neglect of any other Contractor, fires, floods, epidemics, quarantine restrictions, strikes, riots, civil commotion 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 Town. No such extension of time shall be considered a waiver by the Town of its right to terminate the Contract for abandon lent or delay by the Contractor as hereinafter provided or relieve the Contractor from full responsibility for performance Of his Pbliga- tions hereunder. C-5 RT HOLZMACHER, MCLENOON & MURRELL. P.C. / H2M CORP. CONSULTING ENGINEER• AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT' 1). 9. CONTRACT SECURITY (a) The Contractor shall furnish a Performance Bond in an amount equal to one hundred percent ( 100` ) of the total. contract price as security for the faithful performance of this contract , and for the payment of all persons performing labor or furnishing mater- ials in connection with this Contract . (b) Additional or Substitute Bond : If, at any time, the Town shall be or become dissatisfied with any surety or sureties, then upon the Performance Bond, or if , for any other reason , such bond shall cease to be adequate security to the Town , the Contractor shall , within five (5) days after notice from the Town, substitute an acceptable bond in such form and sum, and signed by such other surety as may be satisfactory to the Town . The premiums on such bonds shall be paid by the Contractor. No further payments shall be deemed due , nor shall be made until the new surety shall have been qualified. (c) Prior to release of the Performance Bond, the Contractor shall deliver * to the Town a Maintenance Bond equal to one hundred percent (100%) of the total Contract price , including all extras. This Maintenance Bond shall remain in full force and effect for a period of one (1 ) year after the date of the final certificate and such bond , which shall be executed by the Contractor and issued by a reliable , solvent surety company authorized to do business inthe State of New York shall guarantee to the Town that the Contractor shall promptly remedy any defects or faults that may occur within twelve (12) months after completion and acceptance of the work performed by the Contractor pursuant to this Contract . 10. CONTRACTOR'S INSURANCE The Contractor shall not commence any work until he has obtained and had approved by the Town all of the insurance required under this Contract , as enumerated herein : Compensation Insurance Public Liability and Property Damage Insurance Contractor's Protective Liability and Property Damage Insurance Owner's (Town of Southold) and Engineer's Pro- tective Public Liability and Property Damage Insurance Automobile Public Liability and Property Damage Insurance C-6 HOLZMACHER. MCLENOON &MURRELL. P.C. / H2M CORP. CON3ULTINO ENGINEERS ANO ENVIRONMENTAL BCIENTIST3 CON'T'RACT - CONT" D. The Contractor shall not permit any subcontractor to commence any operation on the site until satisfactory proof of carriage of the above required insurance has been posted with, and approved by, the Town. (a) Compensation Insurance: The Contractor shall take out and maintain, during the life of this Contract , Workmen's Compensation Insurance for all of his employees employed at the site of the pro- ject , and in any case of any of the work being sublet, the Contractor shall require the subcontractor similarly to provide Workmen' s Com- pensation Insurance for all of the latter's employees, unless such employees are covered by the protection afforded by the Contractor. (b) Public Liability and Property Damage Insurance: The Con- tractor shall take out and maintain during the life of this Contract such Public Liability and Property Damage Insurance as shall pro- tect him and any subcontractor performing work covered by this Contract for claims for damages for personal injury, including accidental death, as well as from claims for property damage which Ir may arise from operations under this Contract, whether such opera- tions be by himself or by any subcontractor, or by anyone directly or indirectly employed by either of them, and the amounts of such insurance shall be as follows : Public Liability Insurance in the amount not less than Five Hundred Thousand Dollars ($500,000. ) for bodily injuries , including wrongful death to any one person, and subject to the same limit for each person in an amount not less than One Million Dollars ($1,000,000. ) on account °of one accident. Property Damage Insurance in an amount not less than One Hundred Thousand Dollars ($500,000. ) for damages on account of any one accident and in an amount of not less than Two Hundred Thousand Dollars ($1 ,000,000. ) for damages on account of all accidents . (c) Liability and Property Damage Insurance: The above policies for public liability and property damage insurance must be so written as to include Contractor 's Protective Liability and Property Damage Insurance to protect the Contractor against claims arising from the operations of any subcontractor. C-7 HOLZMACHER, McLENDON b MURRELL. P.C. J H2M CORP. C0N3ULnNQ E?IOINEEA• AND ENVIRONMENTAL SCIENTIM CONTRACT - CONT' D. (d) Owner' s and/or Engineers Protective Public Liability and Property Damage Insurance: (Town and/or Town Board, Town of Southold and/or }Iolzmacher, McLendon & Murrell, P.C. ) The Con- tractor shall furnish to the Town with respect to the operations he or any of his subcontractors perform, a regular Protective Public Liability Insurance Policy for and in behalf of the Town and/or Town Board, Town of Southold and/or Holzmacher, McLendon & Murrell, P.C. , providing for a limit of not less than $500,000. for all damages arising out of bodily injuries to, or death of one person and subject to that limit for each person, a total limit of $1,000, 000. for all damages arising out of bodily inju- ries to, or death of, two or more persons in any one accident ; and regular Protective Property Damage Insurance providing for a limit of not less than $500,000. for all damages arising out of injury to, or destruction of, property in any one accident and subject to that limit per accident a total (or aggregate) limit of $1 , 000 ,000. for all damages arising out of injury to, or des- truction of property during the policy period. The insurance must fully cover the legal liability of the Town and/or Town Board, Town of Southold as owner and/or Holzmacher , McLendon & Murrell, P.C. The coverage provided under this policy must not be affected if r the Town and/or Engineer performs work in connection with the project either for , or in cooperation with, the Contractor or as an aid there- to, whether the same be a part of the Contract or separate there- from, by means of its own employees or agents, or if the Town and/or Engineer directs or supervises the work to be performed by the Contractor. (e) Automobile Public Liability and Property Damage Insurance: The Contractor shall take'-out and maintain during the life of the Contract such automobile public liability and property damage insurance as shall protect him and any subcontractor performing work covered by this contract 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 Con- tract, whether such operations be by himself or by any subcontractor, or by anyone directly or indirectly employed by either of them and the amounts of such insurance shall be as follows : C-8 HOLZMACHER. MCLENDON & MURRELL. P.C. / H2M CORP. CON3ULTINO ENGINEERS AND ENVIRONMENTAL SCIENTIM CONT11ACT - CONT' D. Automobile Public Liability Insurance in an amount not less than Five hundred Thousand Dollars ($500,000. ) for bodily injuries , including wrongful death by any one person, and subject to the same limit for each person in an amount not less than One Million Dollars ($100009000. ) on account of one accident. Automobile Property Damage Insurance in an amount of not less than One Hundred Thousand Dollars ($100, 000. ) for damages on account of any one accident and in an amount of not less than Two Hundred Thousand Dollars ($200,000. ) for damages on account of all accidents. 11 . PROOF OF CARRIAGE OF INSURANCE The Contractor shall furnish the Town with certificates of each insurer insuring the Contractor or any subcontractor under this Contract , except with respect to subdivision (d) of Paragraph 10. In respect to this paragraph, the Contractor shall furnish the Town with the original insurance policy and a copy to the Engineer. Both certificates, as furnished, and the insurance policy, as 1 required, shall bear the policy numbers, the expiration date of the policy and the limit or limits of liability thereunder. Both the certificates and the policy shall be further endorsed to provide the Town and Engineer with any notice of cancellation at least five (5) days prior to the actual date of such cancellation. C-9 HOLZMACHER, MCLENOON 6 MURRELL. P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONM04TAL SCIENTISTS CONTRACT - CONT' D. 12. COMPLIANCE WITH LABOR AND PENAL 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 Laws, as amended, provide 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 con- templated by this Contract , shall be permitted or required to work more than eight (8) hours in any one 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, except in such emergency; that the wages to be paid for a legal day's work as hereinbefore defined, to laborers, workmen, or mechanics upon the work called for under this Con- tract , or for any materials 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 outside the limits of cities and villages are no longer exempt from the pro- visions of the Labor Law which required the payment of the pre- vailing rate of wages and the eight (8) hour day. Section 222 of the Labor Law, as amended by Chapters 556 and 557 of the Laws of 1933, provides that preference in employ- ment 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 satis- factory 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 Con- tractor 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 (30) days nor more than ninety (90) days, or both fine and imprisonment. C-10 HWMACNER, McLENDON 6 MURRELL. P.C. / M2M CORP. C0N3ULnNO CHOINE[Ag AND ENVIRONMQITAL SC1ENTIM CONTRACT - CONT' D. Section 220A of the Labor Law, as amended by Chapter 472 of the Laws of 1932, provides that before payment is made by or on behalf of the State or 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 sub- contractor to file a certified statement in writing, in satis- factory 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 Contract , 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 payment to any Contractor or subcontractor to the extent of the amount or 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 other reason, it may be deemed advisable, the Comptroller of the State or other financial officer of the Municipal Corporation may deduct from the whole amount of any payment on account thereof the sum or sums admitted by any Contractor or subcontractor in such statement or statements so filed to be due and owing by him on account of labor per- formed 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 varified statements filed by any Con- tractor 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, recon- struction, maintenance and/or repair of highways to which the State, County, Town and/or Village is a party shall contain the provision stating the minimum rate of hourly wage that can be 6 paid, as shall be designated by the Industrial Commissioner, 2 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 C-11 HOIZMACHER. M&ENDON 6 MURREI.L. P.C. / H2M CORP. COMULTINO ENGINEERS ANO ENVIRONMENTAL lCIENTIM CONTRACT - CONT'D. 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 by both 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 or 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 Com- missioner, State of New York, for this Contract , are as set forth in the Information for Bidders. Section 1918 of the Penal Law, as amended, provides that 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 of 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 person, corporation or municipality conveying combustible gas, and if 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 disharge explosives to protect a person or persons from an immediate and substantial danger of death or serious personal in- jury if such notices are given before any such discharge is under- taken. Any such work shall be performed in such manner as to avoid damage to pipe conveying combustible gas. Any violation of the provisions of this Section shall be a misdemeanor. C-12 HOI.ZMACHER. MGLENDON & MURRELL, P.C. / H2M CORP. CONSULTINO CNOINEERS AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT' 1). C�UALII�ICATIONS ICOR EMPLOYMENT No person under the age of sixteen ( 16) years , and no person currently serving sentence in a penal or correctional institution shall be employed to perform any work on the project under this Contract . No person whose age or physical condition is such as to make his employment dangerous to his health or safety , or the health and safety of others, shall be employed to perform any work on this project ; provided , however, that such restriction shall not operate against the employment of physically h-,indi- capped persons , otherwise employable, where each person may be safely assigned to work which they can ably perform. 14 . NON-DISCRIMINATION There shall be no discrimination because of race, creed or color in the employment of persons for work under this Contract , whether performed by the Contractor or any subcontractor. Neither shall the Contractor or any subcontractor discriminate in any manner against or intimidate any employee hired for the perform- ance of work under this Contract on account of race, creed or color. v There may be deducted from the amount payable to the Con- tractor by the Town 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 Con- tract may be canceled or terminated by the Town and all monies due or to become due hereunder may be forfeited. 15. PAYMENT OF EMPLOYEES The Contractor and each of his subcontractors shall pay each of his employees engaged in work on this project tinder this Contract in full ( less deductions made mandatory by law) in cash and not less often than once each week. C-13 HOLZMACHER, MCLENDON&MURRELL,P.C. CONTRACT - CONT'D. 16. ESTIMATES AND PAYMENTS (a) Monthly: At the end of each calendar month during the progress of the work, the Engineer shall make up an approximate estimate of the work done and the materials furnished, based upon the prices set forth in the Proposal. In consideration of the work done and the materials furnished, the Town will pay or cause to be paid to the Contractor the amount estimated by the Engineer as due him less a sum equal to five percent (5%) of such amount and less such additional amount as may be necessary to satisfy any claims, liens or judgments against the Contractor which have not been suitably discharged. The making of any such estimate or payment made thereon shall not be taken or construed as an acceptance by the Engineer or the Town of any work so estimated and paid for. The amount of the monthly estimate remaining unpaid will be retained by the Town as a guarantee that the Contractor will faithfully and completely fulfill all obligations imposed by the Contract and Specifications, and against any damages incurred by the Town by reason of any failure on the part of the Contractor to fulfill all conditions and obligations herein contained. All partial payments are subject to correction in any subse- quent payment. The retained amounts shall be paid as set forth in 16b. The Contractor shall receive payment within ten (10) days after the Town receives payment from the New York State Department of Transportation. (b) Final Certificate: Thirty (30) days after the Contractor shall have substantially completed the work required of it under the Contract, the Engineer will prepare a final certificate of the remaining amount of the Contract balance less a sum equal to two (2) times the value of any remaining items to be completed and less an amount necessary to satisfy any claims, liens or .judgments against the items of work are satisfactorily completed or corrected, the Town shall promptly pay, upon receipt of a requisition for these items less an amount necessary to satisfy any claims, liens or judgments against the Contractor which have not been suitably discharged. Any claims, liens and judgments referred to in this section shall pertain to the project and shall be filed in accordance with the terms of the applicable Contract and/or applicable laws. The Contractor shall receive payment within ten (10) days after the Town receives payment from the New York State Department of Transpor- tation. (c) In order to secure the performance of the convenant of the Contractor, prior to release of the Performance Bond, the Contractor shall deliver to the Town a Maintenance Bond equal to one hundred percent (100%) of the total Contract price, including all extras. This Maintenance Bond shall remain in full force and effect for a period of one (1) year after the date of the final certificate and such bond, which shall be executed by the Contractor and issued by a reliable, solvent surety company authorized to do business in the State of New York shall guarantee to the 8 Town that the Contractor shall promptly remedy any defects or faults that 2 may occur within twelve (12) months after completion and acceptance of the work performed by the Contractor pursuant to this Contract. C-14 HOLZMACHER, McLENDON a MURRELL, P.C. / H2M CORP. C0N3ULnNO ENQINEEAS AND ENVIRONMCHTAL SCIENTIM CONTRACT - CONT' D. (d) Measurements for Payment : The Engineer shall make due measurement of the work done during the progress of the work and his estimate shall be final and conclusive evidence of the amounts of work performed by the Contractor under, and by virtue of , this agreement , and shall be taken as the full measure of compensation to be received by the Contractor. When requested by the Contractor, the Engineer shall measure, re-measure or re-estimate any portion of the work ; but the expense of such re-measurement or re-estimating shall , unless material error be proved , be paid for by the Contractor. 17. 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 Town from all claims and all li.abili.ties to the Contractor for all things done or furnished in connection with this work and for every act and neglect of the Town and other relating to, or arising out of , this work , excepting the Contractor 's claims for interest upon the final payment , if this payments be improperly delayed. No payment , however, final or otherwise, shall operate to release the Contractor or his sureties from any obligations under this Contract or the Performance Bond. Y 18. CONSTRUCTION REPORTS The Contractor shall submit to the Engineer prior to the commencing of any work under this Contract a detailed schedule and plan of operation, indicating the manner in which the Contractor proposes to prosecute the work, and a time schedule therefore. 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 Contractor shall furnish the Engineer with periodic esti- mates for -partial payments as required elsewhere in the Contract documents and, in addition thereto , will furnish the Engineer with a detailed estimate for final payment . Prior to being eligible to receive 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 other than the Town as may be required by such existing laws or. regulations . C-15 HOLZMACHER, McLENDON S MURRELL, P.C. / H2M CORP. CONSULTING ENGINEER$ AND ENVIRONMENTAL SCIENTIM CONTRACT - CONT' n. 19. INSPECTION AND TESTS All material and workmanship shall be subject to inspection, examination and test by the Engineer and other representatives of the Town at any time during the construction and at any and all places where manufacturing of materials used and/or construct- tion is carried on. Without additional charge , the Contractor shall furnish promptly all reasonable facilities , labor and materials neces- sary to make tests so required safe and convenient . If, at any time, before final acceptance of the entire work, the Engineer considers necessary or advisable an examin- ation 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 expenses of or 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 examin- ation and reconstruction in the manner herein provided for the payment of costs of extra work. The selection of laboratories and/or agencies for the in- spection and tests of supplies, materials or equipment shall be subject to the approval of the Engineer. Satisfactory documen- tary evidence that the material has passed the required inspec- tion and test must be furnished the Engineer prior to the incor- poration of the material in the work. Any rejected work shall be removed from the site of the project completely at the expense of the Contractor. l C-16 HOIZMACHER, MCIENDON 6 MURR" P.C. / H2M CORP. CDNlULTINO ENOINEERS AND ENVIRONMENTAL SCIENTIM CONTRACT - CONT' D. 20. 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 on the Plans shall have the same effect as if shown or mentioned respectively in both. In case of any conflict or inconsistency between the Plans and Specifications , the Plans shall govern. Any discrepancy between the figures and specifications shall be submitted to the Engineer, whose decision therein shall be conclusive. 21. SUBSURFACE CONDITIONS FOUND DIFFERENT Should the Contractor encounter subsurface conditions at the site materially differing from those shown on the Plans or indi- cated 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 . 22. CONTRACTOR'S TITLE TO MATERIALS No material or supplies for the work shall be purchased by the Contractor or by 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. 23 . SUPERINTENDENCE BY CONTRACTOR At the site of the work the Contractor shall employ a Con- struction Superintendent or foreman who shall have full authority to act for the Contractor. It is understood that such represen- tative 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. C-17 HOLZMACHER, MtLENDON 6 MURRELL. F.C. / H2M CORP. CONSULTING ENOMELAS Alio ENVINONMENTAL SaEMTIS" CONTRACT - CONT' D. ~ 24 . PROTECTION OF WORK PERSONS AND PROPERTY Precaution shall be exercised at all times for the proper protection of all persons , property and work. The safety pro- visions 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 Town or its Engineer to adequately safeguard the traveling public. The Contractor shall give notice to the owners of all utilities which may serve the area and request their assistance in pre- determining the location and depth of the various pipes , conducts , manholes and other underground facilities . 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 Town or its duly authorized representatives. The Contractor shall provide and maintain such watchmen, barriers , lights , flares and other signals, at his own expense, as will effectively prevent any accident in consequence of his work for which the Town might be liable. The Contractor shall be liable for all injury or damage caused by his act or neglect, or that of his employees: 25. PATENT RIGHTS As part of his obligation hereunder and without any ad- ditional 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 Town for any loss on account of any infringement of any patent rights , unless prior to his use in the work of a particular process or a product of a particular manufacturer, he notifies the Town in writing that such process or product is an infringement of a patent. C-18 HOLZMACHER, MGLENDON d MURRELL. P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT' D. 26. REPRESENTATIONS OF CONTRACTOR The Contractor represents and warrants : (a) That he is financially solvent and that he is experienced in and competent to perfrom 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 lie is familiar with all Federal , State and Municipal Laws , ordinances and regulations which may in any way affect tiie 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 it is intended and that such construc- tion 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 investigation he r has satisfied himself as to the nature and location of the work, the character, location, quality and quantity of surface and sub- surface materials , structures and utilities likely to be encountered, the character of equipment, and other facilities needed for the performance of the work, the general local conditions which may in any way affect the work or its performance. 27. 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 all 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 cher 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 instances in which the opinion, judgment, 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 so performed, but without exception all the work shall be governed and so performed. C-19 ■-JC�Zv HOLZMACHER, McLENDON&MURRELL,P.C. � 44 CONSULTING ENOWEEN6.ENVIRONMENTAL WANDSTb.n0PLANNERS CONTRACT - CONT'D 28. SURVEYS The Engineer will furnish the Contractor with the benchmarks necessary to complete the work.. All further layout of lines and grades will be the responsibility of the Contractor, 29. CHANGES AND ALTERATIONS The Town reserves the right to make alterations in the location, line, grade, plans, form or dimensions of the work, or any part thereof, either before or after the commencement of the 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. s 30. CORRECTION OF WORK All work and all materials, whether incorporated into the work or not, all processes of manufacture and. all methods of con- struction shall be, at all times and places, subject to the in- spection 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. Rejected materials shall im- mediately be removed from the site. 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 judgment of the Engineer, shall be equitable, The Contractor expressly warrants that his work shall be i free from any defects in materials or workmanship, and agrees 2 to correct any defects, settlements, or shrinkages which may appear within one year following the date of the final certi- ficate. Neither the acceptance of the completed work nor SOHT C-20 81-01 HOLZMACHER. McLENDON 6 MURRELL. P.C. / H2M CORP. CONSULTING ENGINEERS ANO ENVORONM04TAL SCIENTISTS CONTRACT - CONT' D. payment therefor shall operate to release the Contractor or his sureties from any oi)ligations under or upon this Contract or the Performance Bond. 31. WEATHER CONDITIONS In the event of temporary suspension of the 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 materials shall have been damaged or injured by reason of the failure on the part of the Contractor or any of his subcontractors to protect his, or their work, such work and materials shall be removed and replaced at the expense of the Contractor. 32. THE TOWN'S RIGHT TO WITHHOLD PAYMENTS i The Town may withhold from the Contractor so much of any approved payments due him as may, in the judgment of the Town, 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 Town from loss. due to defec- tive work not remedied, or (c) To protect the Town 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 Town shall have the right, as agent for the Contractor, to apply any such amounts so withheld in such manner as the Town may deem proper to satisfy such claims or to secure such protection. Such application of such money shall be deemed payments for the account of the Contractor. C-21 HOLZMACHER, MGLENOON 6 MURRELL, P.C. / H2M CORP. CONSULTING ENGINEER• ANO ENVIRONMENTAL SCIENTISTS CONTRACT - CONT' D. 33. THE TOWN 'S R I G11T TO STOP WORK OR TERM I NA,rE CONTRACT : I r, (a) The Contractor shall be adjudged bankrupt or make an assignment for the benefit of creditors , or (b) A receiver or liquidator shall be appointed for the Contractor for any of his property and shall not be dismissed within 20 days after such appointment , or the proceedings in connection therewith shall not be stayed on appeal within the said 20 days , or (c) The Contractor shall refuse or fail. , after notice or warning from the Engineer, to supply enough properly skilled workmen or proper materials, or (d) The Contractor shall refuse or fail to prosecute the work or any part thereof with such diligence as will insure its completion within the period herein specified (or any duly authorized extension thereof) or shall fail to complete the work within said period , or (e) The Contractor shall. fail to make prompt payment 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 provision of this Contract , then, and in any such event , the Town, without prejudice to any other rights or remedy it may have, may by seven (7) days notice to the Contractor, terminate the employ- ment of the Contractor and his rights to proceed either as to the entire work or (at the option of the Town) 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 Town may deem expedient . In such case, the Contractor shall 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. C-22 nawawn�ntr , FACU. LA.M 4 0AUK"LLL. P.U. / rUm lAMr. CONOULTINO ENGINEERS AND ENVIRONMENTAL BCIENTIM CONTRACT - CUNT'U. If such expense shall exceed the unpaid balance, the Contractor and his sureties shall be liable to the Town for such excess . If the right of the Contractor to proceed with the work is so terminated, the Town 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 Town does not so terminate the right of the Contractor to proceed, the Contractor shall continue the work. 34. CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT If the work shall be stopped by order of the Court or any other public authority, for a period of three months without act or fault of the Contractor or of any of his agents , servants , em- ployees or subcontractors , the Contractor : may, upon ten (10) days notice to . the Town, discontinue his performance of the work and/or terminate the Contract , in which event the liability of the Town to the Contractor shall be determined as provided in tale paragraphs immediately preceding, except that the Contractor shall not be obligated to pay to the Town any excess of the expense of completing the work over the unpaid balance of the compensation to be paid to the Contractor hereunder. 35. RESPONSIBILITY OF WORK The Contractor agrees to be responsible for the entire work embraced in this Contract until its completion and final acceptance, and that any unfaithful or imperfect work that may become damaged from any cause, either by act of commission or omission to properly guard and protect the work that may be dis- covered at any time before. the completion and acceptance shall be removed and replaced by good and satisfactory work without any charge to the Town 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 of any work by the Engineer at or before the time of a partial payment -or other estimate shall not be construed to be an acceptance of any defective work. C-23 HOLZMACHER, MCLENDON d MURRELL, F.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTIST! CONTRACT - COW, D. 36. USES OF PREMISES AND REMOVAL OF DEBRIS The Contractor expressly undertakes at his own expense: (a) to take every precaution against injury to persons or damages to property ; (b) to store his apparatus , materials , supplies and equip- ment 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 ; or other contractors ; (c) to place upon any of the completed work only such super- imposed loads as are consistent with the safety of that portion of the work; (d) 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 and orderly and workmanlike appearance ; (e) before final certificate, to remove all surplus material, ' temporary structures , plants of any description and debris of any and every nature resulting from his operations and to put the site in a neat and orderly condition . 37. POWER OF THE CONTRACTOR TO ACT IN AN EMERGENCY In case of an emergency which threatens loss or injury to property and/or safety to life, the Contractor will be permitted to act as he sees fit without previous instructions from the En- gineer. He shall notify the Engineer thereof immediately there- after 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 in- structed 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. C-24 HUlLA1AL;HGN, MCLLNUKNV d MUNHILLL, r.L. / HXM Ctmr. CONOULTING ENGINEERS AND ENVIRONMENTAL SCIENTIST) CONTRACT - CONT' 1). i 38. SUITS AT LAW • The Contractor shall indemnify and save harmless the Town from and against all suits , claims , demands or actions for any injury sustained or alleged to be sustained by any party or parties in connection with the construction of the work or any part thereof, or any commission or omission of the Contractor , his employees or agents or any subcontractors and in case any such action shall be brought against the Town, the Contractor shall immediately take care of and defend the same at his own cost and expense. 39. 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 be read and 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 forthwith be physically amended to make such insertion. 40. 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 obtain- ing the written consent of the Town. This Contract shall endure to the benefit of and shall be binding upon the parties hereunder and upon their respective successors and assigns, but neither party shall assign or transfer his interest herein in whole or in part without consent of the other. 41. WAIVER OF IMMUNITY If any person, corporation, or body contracting with the Town, who when called before a grand jury , head of a city department , or other agency, which is empowered to compel the attendance of wit- ness and examine them under oath, to testify in an investigation concerning any transaction or contract had with the state, any polit- ical subdivision thereof, a public authority or with any public department , agency or official of the state or of any political sub- division thereof or of a public authority, refuses to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant question concerning such transaction or contract , then C-25 ... ....,....�..r . .... , r..M %^Onr. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT" 1). (a) such person, and any firm, partnership or corporation of which he is a member, partner, director or officer shall be disqual- ified from thereafter selling to or submitting bids to or receiving awards from or entering into any contracts with any municipal corp- oration or fire district , or any public department , agency or official thereof, for goods, work or services , for a period of five years after such refusal (b) any and all contracts made with the Town or any agency or official thereof, 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 Town 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. p 1 C-26 HLKLMACH[N, MCILLMOUN d MUNNCLL. r-U- / H[M wnrr. CONSULTING CNGINEERS AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT' D. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. TOWN OF SOUTHOLD BY : (TOWN SEAL) William R. Pell III , Supervisor (SEAL) Contractor BY : TITLE : STATE OF NEW YORK ) ) ss: COUNTY OF SUFFOLK ) • On the day of_ 19__, before me personally came William R. Pell III , to me known, who being by me duly sworn, did depose and say that he is the duly elected Supervisor of the Town of Southold, County of Suffolk, New York , and that at a meeting of the Town Board of the Town of Southold, duly held on the day of 19 , the said Board, authorized the said Super- visor to execute all and any contracts on behalf of the Board; that he knows the seal of the said Town, that the Seal affixed to the foregoing instrument is its corporate seal ; that it was affixed thereto by order of the said Board , and that he signed his name thereto and executed the said instrument on behalf of the said Town by like order and authority . ti NOTARY PUBLIC C-27 IIVLL/»I\VIILI•I /\I\. y/\W/• YI TVI\I\�1.L. 1 .V. / 11�\\ w.\I CONSULTING ENGINEERS ANO ENVIRONMENTAL SCIENTISTS CONTRACT - CONT' D. ACKNOWLEDGMENT OF CONTRACTOR, IF A CORPORATION STATE OF NEW YORK) ) SS: COUNTY OF ) On this day of 19 before me personally came and appeared to me known, who by me being duly sworn, did depose and say that he resides at that he is the of the Corporation described in and which executed the foregoing in- strument , that he knows the seal of said corporation, that one of the seals affixed to said instrument is such seal , that it was so affixed by order of the Directors of said corporation, and that he signed his name thereto by like order. i► NOTARY PUBLIC ACKNOWLEDGMENT OF CONTRACTOR IF A PARTNERSHIP STATE OF NEW YORK) SS: COUNTY OF ) On this day of 19 before me personally came and appeared , to me known, and known to me to be one of the members of the firm of , described in and who executed the foregoing instrument , and lie acknowledged to me that he ex- ecuted the same as and for the act and deed of said form. NOTARY PUBLIC C-28 —aQ:•F F+.. ''+' y-t.Yy ^Y i.•I'C 'Z. i;N.1' I I 1 i .Y��. 'C r; •'"' �Y :J". � ey.:: j f.�.w+..3Ad. - -` � "5 - � �i ♦9[6i�. �,`{. -- .ca ''t j ....+,yr "f Aft Aft r7l n J y?R '+ '+g Y.¢f a"L. I S} _ -vd .T y.� � . y75 -1 w^• � _� "`j •r s .t` - pY y•i a '.h b • •r a •T Fid ORIENT PSN POINT LONG TOWN BOARD ORIENT.- BAY, OHARBOR N = SUPERVISOR p� 5 WILLIAM R. PELL III COUNCIL MEMBERS O HASHAMOM UCK. POND ' P LARRY W. MURDOCK JOHN J. NICKLES FRANCIS T. MURPHY JOSEPH L. TOWNSEND, JR. JUSTICE ,'."SHELTER ISLAND LIST OF DRAWINGS SOUND RAYMOND W. EDWARDS, JR. TOWN HALL (BIDS RECEIVED HERE) SUPT. OF HIGHWAYS TOWN CLERK SHEET NO. DESCRIPTION V,0 eRRAYMOND C. DEAN JUDITH T. TERRY G LOCATION MAP 2 PLAN (STA. 0+00 TO STA. 24+00) MArrlrucK:: .+ 9ys LlTTL E PROJECT AREA CREEK' ' PECON/C 3 PLAN (STA. 24+00 TO STA. 36+00) l9i� BAY Y\ DETAILS DETAILS AND GENERAL NOTES MAIN m� R 27 O ,l UTCHOGUE-- 9L c ,• HARBOR' c^.. AVE Sn rd 0 Designed By: Project No: SOHT 81 -01 LOCATION MAP TOWN OF SOUTHOLD Drawn By: Drawing No: '•�� SCALE 1 = 8000 c/EZ O Checked By: Scale: STH AS SHOWN Reviewed By: ©ate: Dq5 JUNE 1982 RESURFACING OF SOUND AVENUE Revisions: SEPTEMBER 1982 AT WESTERN TOWN LIMIT Consulting Engineers 516.752-9060 13 Environmental Scientists 516.694.3040 L1 516.727.3480 ❑ Planners 516.694-3410 ❑ Holzmacher , McLendon Murrell , P. C . h Melville, N.Y. Riverhead, N.Y. Farmingdale, N.Y. Sheet Title: Sheet "ALTERATION OF THIS DOCUMENT,EXCEPT BY A LOCATION MAP 7 LICENSED PROFESSIONAL ENGINEER,IS ILLEGAL 7 s D n / �3 Z 82 al 5 yC5 hC Z 55 � 6,0 1 W rs6 > °Z�q�'t o b 6 � g 8> oflNh p s-1Z�- 5y5 ol � 0 5 pj sF � Iq ,1,13 5 n°a �q bb a bo b �J "OFF o xsz, p S�3 0 10 SS y b4 '1� ^pq ll h1 null 5 �2 5 hb' qll hb 6ga 56 ao) e� q� 6b �Zl hby al go to 01 / bq°21 51p�o�� h 5�0 5(5 2 (h� (5 C5 (56 (� (Sb (5�y (y (� 0 56 2 5 b > 761 byR s�yl° C5 5 b b p9 o b� a1 b ( Ch CS�� 5538 h�1�5� 2 Chiyt ��� ( (�'�2 56 5 C 55•,�n I> _ S®UND AVENUE (� rrtl r, GROOVE L O CA T/O/V A R/VERNEAD-SOUTi�•10LbA BTO• RDER 6 �1 �OWl6R5Y5¢T.� �go 5sa�i,.�nssti �3Dy"sS6ha•y���-I)o gy�'5'b.gg 30"ss9� Q3s Oy2s^•y9��' rss SB r,gy(5 I ti k�l rsSsssr �p. yG('h59g1 ;S 5 2 Q y�(S� sS� h x`'y19a•bA•> � hZ(�g,31 �b1 •S 3- �Z6' 1) H 6 44 &° y�t q.1$>-tn EASTERN LIMIT OF BASE BID6 A gy a 5 g 5 3'•90 `� 8yJ ° ., � � � w 6 �( �S3 a 0 a4 I fj• 10� 5 3 0 S $19 b) o A w S•Sgt� 5� rs�6 0 (ss 93 4 5 IbA 553 52�e> \ O �S y> � ? ys .,I h� 90 � 335 gSigS� 5555 C6 C (� ggato 323c�> N s\\ 0 s Cc,2• 5° 33 r y5• h9 SS VI 5 5 (` 2� N s2 0 o� aaZ 5�'2 gSIg6� 6j N 6R 3!S' M 5 S o M g 4 S k'� t k. 69• N c3 N �S 3 o y9 °91 �$6s> /� (4q ¢86559> N y 3, p s3 i6� LL n < H ,` �j hIR' /4q N asst > 0 'rS 28 P/P6 /N 2� a �/ E 4fo f, I IZ / N M �0 In SR X56, 9 o a hh• 6''� �7ROUN� C65• gaalo o ® �� C �''hl� OSx o p M 2iJ LU yhh�s� R S STORM DRA OVA-GE FAC/L/T/ES ANO C' SZZ ' a W 553 Ou " r f' TOWN FORCES. PA EME�VT RESTORAT/ON C _ .B V I "l� GROO!/E L OC�I T/ON TO BE P6RF'ORMED 8Y C0A17-RACTOR. SEE ( = L Cj co Q SHEET 3 OF-3 FOR TYPICAL R657-0R.47-/0!V 1- DE7'A/L fIT DROP /A/LETS. Q f A - B PLAN SCALE l,"= 40' PROPOSED PAVEMENT MARKINGS 1 ) 4" WIDE (WHITE) THERMOPLASTIC STRIPE ALONG BOTH EDGES OF ROADWAY. 2) ALL OTHER STRIPING REPLACED IN KIND WITH THERMOPLASTIC PAVEMENT MARKINGS. LEGEND SPECIAL NOTES 00 EXISTING PAVEMENT GRADE 1) 'i'his resurfacing project. is bein(+ performed in conjur:ction with the - instal-lation of- storm drainage leaching pool:., by _Southold To_ wr, Forces . ,:t the °) PROPOSED GRADE AFTER RESURFACING time of construction, the Town will haves completed the ir::>tz.11atlor: of the �h0 storm drainage facilities and the temporary paven;ent indicated on the plans Designed Project No: will have been laced. under this contract , the contractor will be required SByy SORT-o: TOWN OF SOUTHOLD APPROXIMATE LIMITS OF TOWN PLACED p Drawn By: 11EZ Drawing No: ' to rcrnove and dispose of all temporary pavement, and to restore the Town ' :; TEMPORARY PAVEMENT (SEE SPECIAL NOTES) trench and excavation areas in accordance with the accompanying detail on Checked By: scale: . Shc,et 3 of 3 . S�"H I il- 40' Reviewed By: Date: ADDITIONAL PAVEMENT TO BE REMOVED AND REPLACED 2) Detail-ed cross sections at the various :�:tations have: been prepared and are DA-5 JUNE 1982 RESURFACING OF SOUND AVENUE available at the Engineer ' s office to those ('ontractors request ing thein. For- Revisions: EDGE OF EXISTING ROADWAY further information, contact Mr. Stevan Hyman at telephone (51�,) 752-9060. SEPTEMBER 1982 AT WESTERN TOWN LIMIT .Q' EXISTING UTILITY POLE 3) Additional pavement restorati-on may be .ordered (at the Lnga neer Is di-scretion) , at those locations where subgrade failure is evident or the existing paves^ent cross section is considered too poor to pave over . All such pavement re:,tor- atiori shall be paid for on a unit price basis and _,hall be in accordance with the pavement 13 restoration detail on Sheet 3 of 3. Consulting Engineers 516.694.3060 Environmental Scientists 516694.3040 ❑ 4) THE BASE BID FOR THIS PROJECT SHALL INCLUDE ALL WORK FROM STA. 0+00 TO STA. 24+00. r;,tl�' ; 516.694.3410 ❑ Planners 516.694.3410 ❑ ADDITIONAL WORK BETWEEN STA. 24+00 AND STA. 36+00 IS INCLUDED IN THE ALTERNATE BID FOR THIS PROJECT. 10 Holzmacher , McLendon & Murrell , P . C . Melville, N.Y. Riverhead, N.Y. Farmingdale, N.Y. Sheet Title: Sheet PLAN (STA. 0+00 TO STA. 24+00) "ALTERATION OF THIS DOCUMENT,EXCEPT BY A 2 Of 3 LICENSED PROFESSIONAL ENGINEER,IS ILLEGAL" itI/''GROOVE LOCAT/ON v f G s R��i .:� '••iii. 2��0 (5ti�\�RI�552b�' y2�yq�1 y2ig51 �5g�g3 g2�Zq, EASTERN LIMIT OF ALTERNATE BID B S w R W 2q�oal yZ5''°4 �Zy29 6 �ss26 o rs 2° N 5326 p �5�3 N >os o Sr �?aNE51la5 Z q� 2 6 qq 6 5'' sz 330. M SSS 8 O 3 s�9 5 50fl p3� J 3g '�22 f 5Z3 h� 5 C5ti s s r> 51�' 6�3�01 653. 5 S y0•��o) Qj0 pp1 3 Z�0 39 O C"'7 q9e Z) M �4�og1 h3'y "9Cr3 �s3 ° 0 332 o J N 3y 523 �g� h 2��� 52 43 0� m S, S9 o rSs'8 � 3 9� 5 5a ( S S 3 o x8 1n r N ,'7q 52 gl �ljZ52 7) tl. 3� O '368 O ,}- N - I �� 2 52 0, �\� IBJ 2J �S��R O S A'S° O y2o r o s N 2 "CMP /� � a J a Asa s sR 30 2 2 4� 5� a ( 61 �� tl. o so N sRRs p0 R g in N I 52 222 y 2$1 (5Z (S SI 63 ? �� 6> O � a. 02 y2 5 y� W.q1 50 eq5 m J �9 = N � 5�y3el 5(5318 (52 ( /1 \ /� ( a 2 A 1K/ NUE ( 0 5� yob h W 553Q5� l�3 S OU N D W = (5 Cl) V "l/' GROOVE L O�'AT/O" F Q B ' PLAN SCALE : 1 "=40' /MOTE: BASE ANo B/No ER COURSE sH��� BE .cA�O o/v SAME DAY. GENERAL NOTES 1. The Contractor must provide advance notice of excavation to each operator of underground facilities listed in the Central Registry B/1/OE'R COl/RSE TO TEMPORARY PAVEMENT PLAe6D ,BY TOWN of the Town of Southold per Industrial Code 53 . MEET EX/ST/i 10 ��gCE�(/T FORCES TD BE REMOVED AND TRE.�/CH PAVEMENB/�vDER COURSE :,� 2 . Under no condition will materials be stockpiled in any thoroughfare T. /' /T / T _ AREA TD EE RESTORED,1S PER PA DEMENT or blocking access to residences . RESToRAT/O h/ DETA/L. TYPE !A BASE COURS'E ':.,::`c: 3 . The Contractor_ is responsible for determining the location of any l0 underground utilities , gas mains , electric and telephone conduits. .•:. oPw ITE-44 4s SP) No extra compensation will be made to the Contractor for F any incon- venience caused him by encountering the aforementioned utilities. The Contractor shall be responsible for coordinating the relocation ` NEW LEACKING POOL and/or protection of any underground or above-ground utilities with COMPACTEA GRANULAR.' -�• , � WI DROP INLET the respective operator. ,' SUBBASE N 4 . Bids shall be based on normal seasonal working conditions , without �.,-.....2•m.•..o.,vee�e;,KK^^^.�Y.,xy:..s+:vm.,......>..;r,..ya... i _ .}, frost penetration greater than 4 inches . ' ' � ... 5 . Additional backfill , additional excavation and rock excavation shall EDGE OF ASP14ALT TO be under Item 14-A, 14-B, and 14-C respectively , if specifically ordered by MEET EKIST/N(a GRADE FORM 40/S116E!//AJ1) OROP/NL ET the Engineer. GUTTER. EXTEND/.vG `f'8EN/ND DETAIL FOR PAVEMENT RESTORATION AND REPLACEMENT OF ROAD S/DE REAR E0(5E 6 . The C:OntrLc'tor is responsible for maintenace and protection of traffic OF 1AILE7-. TO MATCH and shall perform daily cleanup operations , which include sweeping EXCAVAT/On/ L11417.5' OFNEW I_CJeA1/N4 of roadways, etc. , removal of debris and excess construction materials , NO SCALE Pool . PAVEMENT all to the satisfaction of the Engineer , under Item 10 , or be fined PER RESToRA7'/OlV DET�i/G. daily, as outlined in the Specifications . 7 . The Contractor ' s attention is directed to the golden nematode quarantine of the New York State Department of Agriculture and PAVEMENT RESTORATION AT DROP INLETS Markets regulating the movement of topsoil , machinery and equipment in Nassau and Suffolk Counties with regard to the excavation of NO SCALE excess topsoil . TRANSITION LENGTH 8 . The Contractor is hereby notified to call Holzmacher, McLendon & (,SEE ACCoMPA�e/Y/NG TABLE) Murrell, P.C. , at least 24 hours prior to the commencement of work "V"GROOVE �s-- BEG/N FEAT/�ER/G 1,f"61OWIV at 727-3480 . Notification will also be required at least 24 hours LOCA T/OiV TO MEET EXIST/•�/G P,gVE�fEN7T }prior to resuming work after any prolonged stoppage or delay . /l,/EW WEAR/NG COURSE , . . . ......... .. .. s, EXIST/NE WEAR/it/G COURSE /Z TYPE /A �S/EAR/NG COURSE : . ITEM S/ -Z) "V" GROOVE �2"H//OE BY /`DEEP) PROPOSED �. GR,90E , Designed By: Project No: ::� �:� � �•�'� �'�:�'�.:::::::::::•:•'''::::':::::::':::::::::::::::.... SOH T-81 -01 TOWN N OF S U T HOLDDETAIL FOR FEATHERING INTOI TINGPAV PAVEMENT :: � Drawn By Drawing N . ......... NO SCALE :: '-- Checked By: Scale: AS SHOWN Reviewed By: JUNE 1982 RESURFACING OF SOUND AVENUE TACK COAT V EX/ST/NG SURFACE Revisions: SEPTEMBER 1982 AT WESTERN TOWN LIMIT EX/ST/NG RDAOWAY TRU/N6 � LEVEL/NG AS REQU/RE4 LOCATION OF TRANSITION, LENGTH C/eDSS SECT/ON ('SCOP�t/ TEM 5/ TL) ENG/NEEfT TRANSITION BEGINNING STA. o+oo lo' Consulting Engineers 516.752.9060 PAVEMENT RESURFACING DETAIL Environmental Scientists 516.694.3040 ❑ STA. 3 6+00 4 0' 516 Planners 727.3480 E-1anners 516.694.3410 ❑ NO SCALE ;0o Holzmacher , McLendon & Murrell , P. C . `j Melville, N.Y. Riverhead, N.Y. Farmingdale, N.Y. Sheet Title: PLAN ( STA. 24+00 TO STA. 36+00) Sheet V n V "ALTERATION THIS DOCUMENT,EXCEPT A DETAILS AND GENERAL NOTES 3 Of 3 7 LICENSED PROFESSIONAL ENGINEER,IS ILLEGAL" 9 Y n r 4 l HOLZMACHER,McLENDON andMURRELL,P.C. Consulting Engineers. Environmental Scientists and Planners Melville.N.Y. Farmingdale.N.Y. Fliverhead.N.Y. ti :G •Ln Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 JUDITH T.TERRY TELEPHONE TowN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON NOVEMBER 7, 1985: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Francis J. Murphy to make payments to the employees of J. T. Montecalvo, Inc., as set forth in the Order and Determination of the Commissioner of Labor of the State of New York, dated October 30, 1985, together with a check made payable to the Commissioner of Labor in the amount of $350. 00 for civil penalties; the said payments to the said employees includes interest at 10% from June 30, 1985 to the date of said payment; and remit all checks to the Bureau of Public Works, Department of Labor, Albany, New York,for distribution to the payees. Judith T. Terry ,��-- Southold Town Clerk - r STATE OF NEW YORK DEPARTMENT OF LABORr � r TWO WORLD TRADE CENTER, ROOM 7330 w ' NEW YORK, NEW YORK 10047 a� EXCELSIOR= p.:.,.v..b�14 %.W& vl,U FY'�OLD COUNSEL'S OFFICE t November 4, 1985 Mr. William A. Pell III Supervisor Town of Southold Main Road Southold, New York 11971 �L �` ``� Re: John T. Mor_tecalvo, Inc. PRC #81-2905 Dear Mr. Pell: On October 30, 1985 you were sent an Order and Determina- tion of the Commissioner of Labor in the above matter. The Order directs that you make specified payments from the monies being withheld from John T. Montecalvo, Inc. on a contract for the resurfacing of Sound Avenue, Laurel, New York. However, Section 220-b (2) of the Labor Law provides that payments are not to be mace if an Article 78 proceeding is commenced within 30 days from the date the Order is filed, and in such event the monies must be set aside by you subject to the order of the court. Within 45 days the Bureau of Public Work will notify you whether or not an Article 78 proceeding was commenced during the statutory period and what disposition should be made of the monies you are withholding. Please contact the undersigned if you have any questions concerning this ratter. Very truly yours , Lee Smith Deputy Commissioner of Labor for Legal Affairs By: "-r`rttc tip __ LFB:gs Lisa F. Bleiberg Attorney LH 12.1 (5-74) STATE OF NES,' YORK: DEPARTMENT OF LABOR ----------------------------------------------X �v'OV _ 11085 ' f In the Matter of J.T. MOITTECALVO, INC. , for the determination pursuant to Article 8 NOTICE OF FILING of the Labor Law, whether prevailing wages , and supplements were paid to or provided for the laborers, workmen and mechanics employed Prevailing Rate Case on a public work project for the resurfacing No. 81-2905 of Sound Avenue, Laurel, New York, Town of Southold, Suffolk County. ----- ------------------------- ------- -----X PLEASE TAKE NOTICE that annexed hereto is a true copy of an Order and Determination of the Commissioner of Labor of the State of New York dated October 30, 1985 which was duly filed in the Office of the Commissioner of Labor on October 30, 1985, DATED: New York, New York October 30, 1925 LEE 0. SMITH Deputy Commissioner of Labor r '� for Legal Affairs and Counsel New York State Department of Labor 2 World Trade Center Room 7330 New York, New York 10047 Telephone: (212) 488-6297 TO: J.T. Montecalvo, Inc. 48 Railroad Avenue Center Moriches, N.Y. 11934 - 2 - a Alan B. Pearl, Esq. Charles Copenhaver Portnoy, Messinger, Pearl Brookfield Avenue and Assocs. , Inc. Center Moriches, N.Y. 11934 350 Jericho Turnpike Jericho, N.Y. 11753 ,/ William R. Pell, III Emil Rowland Supervisor Frowen Road Town of Southold Center Moriches, N.Y. 11,034 Main Road Southold, N.Y. 11971 Phillip DeCarlo Kenneth Huttner 525 Riverleigh Avenue 3 Shirley Street Apt. B-11 Center Moriches, N.Y. 11934 Riverhead, N.Y. 11901 Arthur Harroun Clyde Prastaro 26 Cedar Avenue 2 Brush Road Riverhead, N.Y. 11901 Mastic Beach, N.Y. 11951 John Kosciuzko Robert Rumph 152 Magnolia Drive Jerusalem Hollow Road Mastic Beach, N.Y. 11951 Manorville, N.Y. 11949 Louis Perez Main Road Southold, N.Y. 11971 Edward Bonilla Ryerson Avenue Manorville, N.Y. 11949 John T. Montecalvo, Jr. 175 Holiday Blvd. Center Moriches, N.Y. 11934 Paul Tuttle River Avenue Eastport, N.Y. 11941 Harold Ratcliff Reeves Bay Trail Flanders, N.Y. 11901 Harvey Edwards, Jr. 174 Main Street Center Moriches, N.Y. 11934 STATE OF NEW YORK: DEPARTMENT OF LABOR -----------------------------------------------X In the Matter of J.T. MONTECALVO, INC. , ORDER AND DETERMINATION for the determination pursuant to Article 8 of the Labor Law, whether prevailing wages and supplements were paid to or provided for Prevailing Rate the laborers, workmen and mechanics employed on a public work project for the resurfacing Case No. 81-2905 of Sound Avenue, Laurel, New York, Town of . Southold, Suffolk County. -----------------------------------------------X This is a proceeding pursuant to Section 220 of Article 8 of the Labor Law to determine whether the prevailing rate of wages and supplements required to be paid or provided to laborers, workers and mechanics employed on a public work project were paid to or pro- vided for certain employees of J.T. Montecalvo, Inc. on a project for the Town of Southold. Pursuant to my designation, James Organ, Assistant Commissioner of Labor, as Hearing Officer, conducted a hearing in this matter and has submitted his Report and Recommendation, a copy of which is attached hereto and made a part hereof. On reading the Hearing Officer's Report, the transcript of the hearing testimony, together with the exhibits submitted into evidence therein, and due deliberation having been had, 2 - NOW, upon the entire record of this hearing, it is: , ORDERED that the Report and Recommendation of the Hearing Officer be and hereby is in all respects confirmed and adopted; and it is DETERMINED that the unpaid wages and supplements owing to the respective employees of J.T. Montecalvo, Inc. ( Montecalvo ) are owing because of Montecalvo's failure to pay the prevailing wage or to pay or provide supplements; and it is further DETERMINED that such failure is a willful failure to pay wages and supplements in accordance with Article 8 of the Labor Law within the meaning of Section 220-b(3) (b) which provides that where a person or corporation is determined to have willfully failed to pay prevail- ing wages or provide supplements in two instances in a six year period, such person or corporation shall be ineligible to bid on or be awarded any public work contract with the state, any municipal corporation or public body for a period of five years from the second final determina- tion; and it is further DETERMINED that the amounts due employees of Montecalvo are as follows: Philip DeCarlo - $300.25 Arthur Harroun - $177.70 John Kosciuzko - $305.47 Louis Perez - 8355.54 Edward Bonilla - $268. 18 John Montecalvo, Jr. - 8470.48 Paul Tuttle - 80 - 3 - Harold Ratcliff - $126.68 Harvey Edwards, Jr. - $60.09 Charles Copenhaver - 554.01 Emil Rowland - $76.65 Kenneth Huttner - $25.18 Clyde Prastaro - $106.82 Robert Rumph - $124.41 and it is further ORDERED that interest at the rate of 10% per annum be assessed from June 30, 1983 to the date of payment of such unpaid wages and supplements; and it is further ORDERED that a civil penalty of $350.00 be paid by Montecalvo to the Commissioner of Labor; and it is further ORDERED that the Town of Southold issue checks to the above named workers in the above amounts, together with interest thereon as provided herein, and a check to the Commissioner of Labor in the amount of $350.00 for the civil penalty assessed, charge such checks to the funds being withheld from money due Montecalvo under the con- tract herein and forward such checks to the Bureau of Public Work, Department of Labor, Building # 12, State Campus, Albany, New York 12240 for distribution to the payees. Dated: New York, New York Octrher 30, 1925 } _: LILLIAN ROBERTS Commissioner of Labor i STATE OF NEW YORK: DEPARTMENT OF LABOR i - - - - - - - - - - - - - - - - - - - - - - - x In the Matter of , . i J.T. MONTECALVO, INC. HEARING OFFICER'S REPORT for the determination, pursuant to Article 8 Prevailing Rate Case of the Labor Law, whether prevailing wages #81-2905 and supplements were paid to or provided for the laborers, workmen and mechanics employed on a public work project for the resurfacing of Sound Avenue, Laurel, New York, Town of Southhold, Suffolk County , - - - - - - - - - - - - - - - - - - - - - - - x To: Honorable Lillian Roberts, Commissioner of Labor of the State of New York i This is a proceeding under Article 8 of the Labor Law to determine whether prevailing wages and supplements were paid or provided to certain laborers, workmen, and mechanics on a public work resurfacing project for the own Board of the Town of Southhold, New York involving the repair and replacement of roadway. i Pursuant to my designation as Hearing Officer, I conducted hearings �+in this matter on July 20, 1984 and October 29, 1984 at the Department of IILabor offices, 175 Fulton Avenue, Hempstead, New York and on March 6, 1985 at the Department of Labor Offices, 2 World Trade Center, New York, regarding the payment of prevailing wages and supplements to or on behalf of employees of J.T. Montecalvo, Inc. (hereafter J.T.M.) on this project. The Department was represented by Lee 0. Smith, Deputy Commissioner for Legal Affairs, Michael J. Femenella, Jr. , of counsel and Edward A. oberman, of counsel. FINDINGS OF FACT The Town Board of the Town of Southhold contracted with J.T. Montecalvo, Inc. jifor the resurfacing of Sound Avenue, Laurel, New York, the site of the work in Iquest;lon. It is not questioned that the work was in fact done. 1 1!I -2- From the week ending June 23, 1983 through the week ending June 30, 1983, J.T.M. employed Philip De Carlo, Arthur Harroun, John Kosciuzko, Louis Perez, Edward Bonilla, John Montecalvo, Jr. , Paul Tuttle, Harold i Ratcliff, Harvey-Edwards, Jr. , Charles Copenhaver, Emil Rowland, i i Kenneth Huttner, Clyde Prastaro, and Robert Rump to do the resurfacing. �i They were paid various hourly rates from $6 to $9. Payroll records do not 1 ! reflect classifications for employees and were not consistent with any i I prevailing rate schedule. i The prevailing hourly rates of regular wages and supplemental benefits, I applicable to the work in question, were respectively as follows: i Power equipment operator back hoe $14.95 and $7.535; Power equipment i operator asphalt spreader $14.58 and $7.502; Teamster $10.525 and $5.444; Laborer-basic $9.75 and $2.327; Laborer-tamper $10.16 and $3.186; and I Laborer-raker $10.40 and $3.242 respectively. Work time on this project totaled; 352 hours by Philip De Carlo, 652 hours by Arthur Harroun 602 hours by John kosciuzko, 752 hours by Louis Perez, 66 hours by Edward Bonilla, 76 hours by John Montecalvo, Jr. , I i 622 hours by Paul Tuttle, 66 hours by Harold Ratcliff, 60 hours by i Harvey Edwards, Jr. , 66 hours by Charles Copenhaver, 652 hours by Emil Rowland, 642 hours by Kenneth Huttner, 57 hours by Clyde Prastaro, and 66 hours by Robert Rumph. Project work time for all J.T.M. employees (except De Carlo, Perez i i' and Montecalvo Jr. , ) does not include time for Monday, June 20, 1983 at i the Laurel public work site based upon extensive testimony. Clyde Prastaro is credited with only four hours of work time on Wednesday, June 22, 11.983 I due to illness. The rates of wakes originally paid were not based upon prevailing wage and supplement schedules. Each and every employee listed was originally underpaid. The classification for the work on the resurfacing if i i -3- road project was properly determined by the Bureau of Public Work as ascribed in column 10 (Department of Labor - Exhibit 3) . I reject as incredible the testimony of J.T.M. witnesses concerning the hours of work. Numerous records were constructed after the first hearing of July 20, 1984 to support flagrant violations of the law to justify numbers. I do not credit these records or the claim by J.T.M. that there are not current underpayments. The Department of Labor's Bureau of Public Work had no history of previous violations by J.T.M. However, that company is over 15 years in business and well established in executing public work contracts. i Its representatives did not inquire from official sources for the appropriate schedule of rates, until inquiries were made by a Public Work Investigator, after project completion. The company executes contracts throughout Long I iIsland has has consistently engaged in public work and perforce had to be I familiar with the necessity to comply with prevailing wage requirements, i in general, and with such requirements as were specifically applicable in this instance. Furthermore, while John Montecalvo, Jr. served as a corporate 1 employee and general superintendent of field operations, he has been a corporate officer for six years and his current corporate title is II Secretary—Treasurer (T. 159) . I find the claims of unfamiliarity to be spurious and the false time keeping tasks as deliberate actions. The sum of $7, 179.20 plus interest at 25%, totaling $8,974 has been withheld by the Town of Southhold from the prime contractor for this project. � I I The workmen in question were properly classified by title, (Department of Labor - Exhibit 3) as to occupation, and should have been paid prevailing rates of wages and supplements, as such. I find that they were underpaid in the following amounts: i �l i i -4- Philip De Carlo $300.25 Harold Ratcliff $126.68 I Arthur Harroun $177.70 Harvey Edwards, Jr. $60.09 John Kosciuzko $305.47 Charles Copenhaver $54.01 Louis Perez $355.54 Emil Rowland $76.65 Edward Bonilla $268.18 Kenneth Huttner $25.18 John Montecalvo, Jr. $470.48 Clyde Prastaro $106.82 Paul Tuttle 0 Robert Rumph $124.41 I CONCLUSIONS OF LA14 i i I have considered the testimony exhibits, and the employer's post r hearing memorandum. J.T.M. violated Section 220 of the Labor Law by knowingly and deliberately failing to pay the prevailing wage rates and pay or provide prevailing supplements for employees on the project in question. This constitutes ja willful violation within the meaning of Subdivision 3 (b) of Section 220-b. i Section 220-b mandates that interest on underpayments shall be included i !� in amounts found due. I have considered the statutory criteria in determining I� the rate of interest and civil penalty to be imposed. Although the employer had no previous violations, it has a substantial business and was familiar with the the requirement of Article 8 but chose to disregard them. The employer is Ian experienced and knowledgeable contractor of public work projects. Based it upon prior history and the record in this case, I recommend that interest be ( fixed at 10% per annum from June 30, 1983 to date of payment and a civil penalty of $350 be imposed. The evidence clearly established that J.T.M. i j failed to pay prevailing wages and supplements required in accordance with r Article 8. i 1 i 1 i i i •� -5- RECOMMENDATIONS I recommend that the Commissioner of Labor: DETERMINE that employees of J.T. Montecalvo, Inc. were under- paid wages and supplements in the amounts set forth oppubite their names: Philip De Carlo $300.25 Harold Ratcliff $126.68 ' Arthur Harroun $177.70 Harvey Edwards, Jr. $60.09 John Kosciuzko $305.47 Charles Copenhaver $54.01 Louis Perez $355.54 Emil Rowland $76.65 Edward Bonilla $268.18 Kenneth Huttner $25.18 • IlJohn Montecalvo, Jr. $470.48 Clyde Prastaro $106.82 ,Paul Tuttle 0 Robert Rumph $124.41 �ii DETERMINE that J.T.M. willfully failed to pay the prevailing wages I I and to pay or provide supplements in accordance with Article 8 of the i Labor Law within the meaning of Section 220-b 3 (b) which provides that if I two such final determinations occur within six years, the employer shall be Ilineligible for public work contracts for five years; I DETERMINE that a civil penalty of $350 be assessed against and paid I by J.T.M. to the Commissioner of Labor; I DETERMINE that the Town of Southhold issue checks to the above named workers, in the above amounts, with interest, to the extent that the I withheld sum of $8,974, can be applied against such underpayments, with i f i interest, and forward such checks to the Department of Labor, Bureau of i Public Work, Albany, New York 12240 for the distribution to the payees; and DETERMINE that J.T.M. shall be liable for any balances of such underpayments including interest which remain unpaid after such checks are issued by I the Town of Southhold and for the aforesaid civil penalty. I �I I J • s Organ sistant Commissioner of Labor I Hearing Officer � I Dated: October 23, 1985 I 1 it I =:. . s.. .?� `:��+•. _tri : ..'"_ .;�+ } _.........,. _....._.. _. Lj k' r HOLZMACHER, McLENDON and MURRELL, P.C. • CONSULTING ENGINEERS, ENVIRONME ALAE S.CItENT.ISTS and PLANNERS,._ 125 BAYLIS ROAD, SUITE 140, MELVILLE, N.Y. 11747 • 516-752.9060 .3' r January 19, 1984 Supervisor Francis J. Murphy Town of Southold Adg. G e -- Town Hall File 53095 Main Road / — Southold, New York 11971 Re: Resurfacing of Sound Avenue at Western Town Limit SOHT 81-01/82-04 Dear Supervisor Murphy: This letter is a follow-up to our joint meeting between your- self, Messers. Raymond Dean (Highway Superintendent) , Robert Malizia (H2M) and the writer on the above referenced project. The following comments address the major items discussed, as well as outstanding questions on the project: 1 . H2M recommended acceptance of all work performed by John T. Montecalvo, Inc. on this project as outlined in our two July 13, 1983 payment requests. We have enclosed duplicate copies of these requests for your files. 2. The contract requires the contractor to provide the Town with a guarantee bond that should be in effect for one year after the date of the final payment request. Therefore , you should make sure that the bond provided by John T. Montecalvo, Inc. will be in effect until July 13 , 1984 . 3. Since completion of the project, the Town has brought to our attention a flooding problem in the vicinity of -Aldrich Lane on the north side of Sound Avenue. An exami- nation of the as-built condition indicates that the roadway is relatively flat in this area, with a low spot near Station 14+50 . Based on a meeting with the contractor, this local flooding will be relieved via the installation of an off-road inlet and piping from the low point to the existing leaching pool at approximately Station 15+35 . 4 . The Town indicated that they have essentially received all payments from the State on this project. Therefore, the contractor should be paid all outstanding monies which we understand to be in excess of $27, 000 less those monies recommended to be withheld by the Department of Labor. If the Town has not received a guarantee bond, Melville,New York•Farmingdale,New York•Riverhead,New York • � J Supervisor Francis J. Murphy Town of Southold Page Two January 19, 1984 as outlined above in Item 2 , additional monies should be withheld to cover the cost of the inlet and piping ($1, 000) as well as any other contingencies. The con- tractor is anxious to receive payment so that he can complete the inlet and piping installation. 5 . All bills submitted by H2M on this project (SOHT 82-04) and the Aldrich Lane project (SOHT 82-05) that are still outstanding, will be paid in full by the Town. These loills total $5,000 and $3, 966 . 79 , respectively. Of the $5, 000, $4 , 078 . 94 was invoiced as of 6/3/83 . On 12/31/83 , ,a final invoice for $921 . 06 was submitted. No additional :billings on this project will be forthcoming since this last invoice brings us up to our total authorization of $5, 000. I trust the above is responsive to those questions raised at our :meeting. However, should there be any other questions, please contact me at your convenience . Very truly yours, HOLZMACHER, McLENDON & MURRELL, P.C. Gary E. Loesch, P.E. GEL/?ak Enc. cc: Raymond Dean, Highway Supt. HOLZMACHER, McLENDON and MURRELL, P.C. • CONSULTING ENGINEERS, ENVIRONMENTAL SCIENTISTS and PLANNERS 125 BAYLIS ROAD, SUITE 140, MELVILLE, N.Y. 11747 • 516-752-9060 July 13, 1983 Town Board Town. of Southold Town: Hall Main Road Southold, NY 11971 Re: Town of Southold Resurfacing of Sound Avenue at Western Town Limit Contract SORT 82-04 Payment No. 1 - Final Gentlemen: This is to report that John T. Montecalvo, Inc. , 48 Railroad Avenue, Center Moriches, NY, in accordance with its contract and base' on our firm' s inspection of this project has completed and is entitled to payment for the following work: UNIT AMOUNT IT m DESCRIPTION QUANTITY PRICE PAYABLE Removal of temporary pav' t. & HAD replace w/l�" binder course asphalt on 6" base course + r� asphalt 196. 04 SY $ 38 . 00 SY $ 7, 449. 52 �?•,1 �B Removal of exist. deteriorated �L pav't. & replace w/l�" binder course asphalt on 6" base course asphalt - 263.08 SY 38 . 00 SY 9, 997. 02 11 Tack Coat 920.0 GAL 2. 20 GAL 2,024 . 01 4" wide thermoplastic reflector- ized pavement markings 4 ,680.0 LF 0. 50 LF 2, 340. 0! ,Ap.5 Furnish & place truing & leveling asphalt concrete for resurfac- ing as per SCDPW specifications 1,075. 0 TONS 39. 50 TON 42,462 . 5 s. 1 Town Board Page Two Town of Southold Southold, NY 11971 July 13 , 1983 UNIT AMOUNT ITEM DESCRIPTION QUANTITY PRICE PAYABLE 51 FZ Furnish & place wearing course asphalt concrete for resurfacing as. per SCDPW specifications 700. 0 TONS $39. 50 TON $27,650. 00 Base Contract Total $91,923. OE AMOUNT PAYABLE. . . . . . . . . . . . . . . $91, 923 . OE Very truly you-r_=, HOLZMA , McL & "RP.ELL, P.C. Donald A. s, P.E. DAS/be cc: Raymond C. Dean John ^T. Montecalvo, Inc. HOLZMACHER, McLENDON and MURRELL, P.C. • CONSULTING ENGINEERS, ENVIRONMENTAL SCIENTISTS and PLANNERS 125 BAYLIS ROAD, SUITE 140, MELVILLE, N.Y. 11747 • 516=752-9060 July 13, 1983 Mr. Raymond C. Dean Highway Superintendent Town of Southold/Highway Dept. Peconic Lane Peconic, NY 11958 Re: Town of Southold Resurfacing of Sound Avenue at Western Town Limit - Additional 1 oro k Sta.24 + 00 to Sta. 36 + 00 . SOHT 82-04 Dear Ray, This is to report that John T. Mor_tecalvo, Inc. , 48 Railroad Avenue, Center Moriches, NY, in accordance with t1:e additional work —a horized by the Highway Department to extend the resurfacing from _._th end of the base contract (Sta. 24 + 00) to Sta. 36 + 00 and, based on our firm' s inspection of this project has completed and is itled to payment for the following work: UNIT AIMOUNT DESCRIPTION QUANTITY PRICE PAYABLE cF (ALT. ) . Removal of temporary pav't. & replace w/lY' binder course asphalt on 6" base course asphalt 109. 95 SY $38. 00 SY $ 4 , 178 . 10 (ALT. ) Removal of exist. deteriorated pav' t. & replace w/1Y" binder course asphalt on 6" base gra. course asphalt 833. 46 SY 30. 00 SY 2`5, 003. 80 L°' LT. ) Tack Coat 400. 0 GAL 2 . 20 GAL 880. 00 12 ( T. ) 4" thermoplastic reflectorized -- pavement markings 2 , 240. 0 LF 0. 50 LF 1 , 120. 00 1 T (ALT. ) Furnish & place truing & leveling asphalt concrete as F _j Y" rod per SCDPW specifications 87 . 06 TONS 39. 50 TON 3 , 438 . 87 r Mr. Raymond C. Dean Page Two Town of Southold/Highway Dept. Peconic, 14Y 11958 July 13, 1981,3 UNIT'', AMOUNT ITEM DESCRIPTION QUANTITY PRICrE PAYABLE 51 FZ (ALT. ) Furnish & place wearing course asphalt concrete for resurfac- ing as per SCDPW specifications 402. 32 TONS 39.50', TON $15, 891. 64 Additional Work Total $50, 512 .41 Very truly yours, Hr,!A —R,,) MPP.E. "LL, P.C. Dio DAS/RSM/be cc: Town Board John T. Montecalvo, Inc. HOLZMACHER, McLENDON and MURRELL, P.C. •CONSULTING ENGINEERS,ENVIRONMENTAL SCIENTISTS and PLANNERS 209 WEST MAIN STREET, RIVERHEAD, N.Y. 11901 • 516-727-3480 RECEIVED lC3I November 15 , 1982 Town C;e-k Southold Supervisor William R. Pell, III Southold Town Hall Main Road Southold, NY 11971 Re : Town of Southold Resurfacing of Sound Ave. at the Western Town Limit SOHT 81-01 Bid Date : Sept. 30 , 1982 Dear Supervisor Pell : In accordance with the Town Board ' s resolution of November 9 , 1982 , awarding the above-referenced project to John T. Montecalvo, Inc . , we enclose herewith four (4) sets of conformed contract documents for signing by the contractor. When the contracts have been signed, we suggest the following distribution: 1. Town Attorney 2 . Town Clerk 3 . John T. Montecalvo, Inc . 4 . H2M Corporation If you have any further questions concerning the enclosed or the project in general, please do not hesitate to contact our office. Very truly yours, HOLZMACHER, McLENDON & MURRELL, P .C. /o f ` `� _ ✓ c-r Donald A. Sioss , P.E. DAS :deh encs. cc : Town Board Supt. Raymond C. Dean Judith Terry, Town Clerk <,.m This Copy for Robert Tasker, Esq. Melville,New York • Farmingdale,New York • Riverhead,New York t %AAHOLZMACHER, MCLENDON&MURRELL GO"SuLTING ENOINEEM.ENVIRONMENTAL SGENTISTS w0 PLANNERS ;° 'OPOSAL (CONTD. ) ;-ESURFACING OF SOUND AVENUE TOWN OF SOUTHOLD AT THE WESTERN TOWN LIMIT SOUTHOLD; NEW YORK PROJECT NO. SOHT 81-01 BID DATE: SEPTEMBER 30, 1982 .OTAL BASE BID (SUM OF ALL ITEMS EXCEPT 5A (ALT) , 5B (ALT) , :0 (ALT) , 11 (ALT) , 12 (ALT) , 51 TL (ALT) and 51 FZ (ALT) 'OTAL . M W7Y. Ttt(O '7F/ouSVJP CONE (k!AJAeA 7WEn17-Y . . . . . . . . . . . . . . . . . . . . . . . . . . . ($ RTZ /2-6. Dollars 'OTAL ALTERNATE BID (SUM OF ALL ITEMS) TOTAL . . .. . . . . . . . . . . . . . . cWE l�W© sqn 7Wo ;at�rvsAA10.six E(c xlr�2r Ni -Y°. ($ . •Dollars � Bids shall be based on normal seasonal working conditions without cost in the ground. It is anticipated that the Notice to Proceed will e given in October. COMPLETION DATE SHALL BE 45 CALENDAR DAYS AFTER THE NOTICE OF Al9ARD. LIQUIDATED DAMAGES SHALL BE $250.00 PER DAY. THE COMPLETION ATE SHALL BE CONSIDERED AS THE DATE WHEN THE PAVEMENT STRIPING PERATIONS HAVE BEEN COMPLETED. IRM NAME: ..,k?L-1►J �1 Mo►.) cjkwo Zuc _ IRM ADDRESS: _ SIGNED BY: C ITLE: S--- '�4 4 DATE: S_P-r 30. (9RZ PHONE NO. 32$-/4l-9?_ E JE, PHONE NO. ���-0701 P-B 7 of 7 z t HOLZMACHER, McLENDON and MURRELL, P.C. • CONSULTING ENGINEERS, ENVIRONMENTAL SCIENTISTS and PLANNERS 125 BAYLIS ROAD, SUITE 140, MELVILLE, N.Y. 11747 • 516.752.9060 RECEIVED November 15 , 1982 1100: 1 G InwI1 C,e::: �_,_":ioff John T. Montecalvo, Inc. 48 Railroad Avenue Center Moriches , NY 11934 Re: Town of Southold Resurfacing of Sound Avenue at the Western Town Limit SOHT 81-01 Gentlemen: This letter is to inform you that the Town Board of the Town of Southold awarded your firm the above-captioned contract in the amount of $92 ,120. at their meeting of November 9 , 1982. As previously stated, it can be anticipated that notice to proceed on this job will be issued in late March 1983. At this time, you are required to obtain your bond and insurance documents and contact the Supervisor at 765-1800 to arrange the signing of the contract. Upon presentation of the performance bond and insurance certificates , your bid bond con- sisting of a certified check in the amount of $8 , 500 ., will be returned to you. For your reference, we are enclosing copies of C-6 through C-9 which indicates the requirements for contract security, contractor' s insurance and proof of carriage of insurance.. Under separate cover, we are forwarding you three copies of the plans and specifications for this project. You are entitled to an additional three sets if you so desire. We would like to take this opportunity to remind you that you should make arrangements to execute this contract within ten days of your receipt of notification of award. If you have any questions please do not hesitate to contact the undersigned at 752-9060. Very truly yours, JTG/dh HOL ACHER, c ON & MURRELL, P.C. cc: Supr. William R. Pell, III Town Board Town Clerk Judith Terry ` Raymond C. Dean, Donald A. Sioss, P.E. Supt. of Hwys. Robert Tasker, Esq. Melville,New York•Farmingdale,New York•Riverhead,New York Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 JUDITH T.TERRY .' _ TELEPHONE TOWN CLERK ` `sem REGISTRAR OE VITAL S"I:\llS"fICS (516)765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD JOAN: Please issue the following refund of plans and specifications deposit in connection with the Resurfacing of Sound Avenue at Western Town Limit Project : .,Muirfield Contracting, Inc.-----$25. 00 -Rason Asphalt , Inc.-------$25.00 .Pratt & Pratt , Inc.-----$12. 50 J')/, /-77/&AI.7/e cfI C rod -E yr - - - X45;d O JUDY I ` . / c OF NEW YORK W V f--- P.R.C.NO. _PARTMENT OF LABOR VISIT NO. / stlkC-AU-OF PUBLIC WORK ' �, k DATE • FxrFis�� d NO.OF EMPLOYEES f Prime Contractor NOTICE OF LABOR LAW INSPECTION FINDINGS ❑SubContractor 1. NAME OF FIRM(IF EMPLOYER SUBCONTRACTOR ENTER PRIME CONTRACTOR IN ITEM 10) 2. E.R.OR E.I.NUMBER 3. ADDRESS 179 �/ 01 , 4. RESPONS19PLE PERSON N TIFIEO AND TITLE THE FINDINGS OF THIS INSPECTION HAVE BEEN REFERRED TO ALL INTERESTED PARTIES GNATED BY* c.I f --- L 6. PROJECTOR SP 5. I �F SO TI ®LV CONTRACTING `f �U /4A'. IyI � 11,11"_'p? ` 7. LOCATION AGENCY w Afv�(jft1�U�.( L 1// 7/ 8. COUNTY J 9. REPRESENTA IVE OF CONTRACTING AGENCY ON JOB SITE 10. NAME OF FIRM OF PRIME CONTRACTOR IF SUB-CONTRACTOR IS NAMED IN ITEM 1 11. E.R.OR E.I.NUMBER 12. ADDRESS 13. RESPONSIBLE PERSON NOTIFIED AND TITLE 14. INSPECTION FINDING: A. ❑ NO VIOLATIONS OF THE LABOR LAW WERE FOUND AT THE JOB SITE OF THE CONTRACTOR NAMED 1N ITEM 1. B. V THE CONTRACTOR NAMED IN ITEM 1 IS HEREBY NOTIFIED THAT OUR INVESTIGATION DISCLOSED VIOLATIONS OF THE LABOR LAW CHECKED BELOW. 15. VIOLATIONS: ✓-Issuance; X-Pending; C-Complied A. ❑§220.1 Excessive Daily Hours Worked J. ❑ (Other-Explain) B. ❑§220.2 Excessive Days Worked Per Week C. ❑,§220.3 No Permit to Pay by Check D. ®'§220.3 Wages in the Amount of$ ❑Est. ❑Final Not paid to Employees ❑Est. ❑Final WORKERS'COMPENSATION LAW E. 220.3 Wage Supplements in the Amount of$ ❑Est. ❑Final K. ❑§51 Workers'Compensation Not Posted Not paid to Employee 11 Est. El Final L. ❑§229 Disability Not Posted F. _❑�220.3a Wage Schedule Not Posted G. ,§220.3a Recordkeeping Requirements ARTICLE VI Ii. ❑§220.3a Contract Lacks Wage Schedule M. ❑§191 Period of Wage Payment Excessive I. ❑§220.3e Excessive Number of Apprentices N. ❑§198c Wage Supplements Not Provided 16. NOTIFICATIONS: A. ❑ §220.3a Have payroll available for inspection on this job site on B. ❑ §220.3e Furnish proof of the validity of apprenticeship employnlent. f SEE THE REVERSE SIDE FOR THE REQUIRED CORRECTIVE STEPS Etticle VIII, Section 220.8 of the New York State Labor Law provides in part that after a hearing an employer will be directed pay the wages and/or the wage supplements found to be due in items D and E which shall include an assessment of interest arges of 6%or more and may also include imposition of a civil penalty not to exceed 25%of the amount due. Nicholas Valentine,Jr. t DIRECTOR 17. By: .I A I ��' � PW-28(2-83) Public Work W#e' Investigator YOU ARE REVARED TO TAKE THE FOLLOWING STEPS VEDIATELY .. :,ection ❑§220.1 Limit work of employees to no more than 8 hours a day. ❑§220.2 Limit work of employees to no more than 5 days in a week. C. VVS 220.3 Permission to pay by check must be obtained from the Commissioner of Labor. D. 220.3Wage rates stipulated by the Commissioner of Labor must be paid. E. 220.3 Supplements stipulated by the Commissioner of Labor must be paid. F. ❑j220.3a Post in;a prominent place on the job site all stipulated wage rates. G. (§§220.3a Payrollrecords showing hours and days worked by each worker, the occupation at which he worked, the hourly wage rate p d and the supplements paid or pro�'ded must be maintam�e or produced on the job pite. Keep true records of: ;daily hours C days per week K?hourly rate &r/supplements H. ❑§220.3a Schedule of wage rates and supplements to be paid to workmen must be obtained from the Commissioner of Labor. I. ❑§220.3e The number of apprentices employed in relation to the number of journeymen employed in the craft classification must conform with the standards set forth in indenture agreement. J. ❑ K. 0§51 Post notice of Workers'Compensation coverage in a prominent place on the job site. L. ❑§229 Post notice of Disability Benefits coverage in a prominent place on the job site. M. ❑§191 Wages earned must be paid not more than 7 days after the week in which they were earned. N. ❑§198c Wage supplements or benefits arrived at as the result of an agreement must be provided or furnished. (See note below) NOTE: Sections 218 and 219 of the Labor Law provides in part that if the Commissioner determines than an employer has violated a provision of Article VI, the Commissioner shall issue an order directing the payment of benefits or,wage supplements found to be due including interest at a rate of 6% or more from the date wage supplements were to be paid until payment is made and the order may also include imposition of a civil penalty not to exceed 25%of the amount due. Section 198c provides that in addition to any other penalty or punishment otherwise prescribed by law,any employer who is party to an agreement to pay or provide benefits or wage supplements to employees or to a third party or fund for the benefit of employees and who fails, neglects or refuses to pay the amounts necessary to provide such benefits or furnish such supplements within thirty days after such payments are required to be made,shall be guilty of a misdemeanor . . . 'f Should you desire any further information,please communicate with this Bureau at the office address below ❑STATE OFFICE BUILDING CAMPUS,ALBANY,N.Y. 12240 ❑155 MAIN STREET WEST,ROCHESTER,N.Y. 14614 ❑15 HENRY STREET,BINGHAMTON,N.Y. 13901 1:1333 E,WASHINGTON STREET,SYRACUSE,N.Y. 13202 5 COURT STREFET,BUFFALO,N.Y. 14202 ❑207 GENESSE STREET,UTICA,N.Y. 13501 175 FULTON AVENUE,HEMPSTEAD,N.Y. 11550 i,: 30 GLENN STRF ',WHITE PLAINS,N.Y. 10603 RECOVEu ' r JUL 21 W3 towrn Clerk Soutieotd HOLZMACHER, McLENDON and MURRELL, P.C. • CONSULTING ENGINEERS, ENVIRONMENTAL SCIENTISTS and PLANNERS 125 BAYLIS ROAD, SUITE 140, MELVILLE, N.Y. 11747 • 516-752-9060 July 13, 1983 Town Board Town of Southold Town Hall Main Road Southold, NY 11971 Re: Town of Southold Resurfacing of Sound Avenue at Western Town Limit Contract SOHT 82-04 Payment No. 1 - Final Gentlemen: This is to report that John T. Montecalvo, Inc. , 48 Railroad Avenue, Center Moriches, NY, in accordance with its contract and based on our firm' s inspection of this project has completed and is entitled to payment for the following work: UNIT AMOUNT ITEM DESCRIPTION QUANTITY PRICE PAYABLE 5A Removal of temporary pav't. & replace w/1Y" binder course asphalt on 6" base course asphalt 196 . 04 SY $ 38 . 00 SY $ 7, 449. 52 5B Removal of exist. deteriorated pav't. & replace w/1;�" binder course asphalt on 6" base course asphalt 263. 08 SY 38. 00 SY 9, 997. 04 11 Tack Coat 920. 0 GAL 2. 20 GAL 2, 024 . 00 12 4" wide thermoplastic reflector- ized pavement markings 4 , 680. 0 LF 0. 50 LF 2, 340. 00 51 TL Furnish & place truing & leveling asphalt concrete for resurfac- ing as per SCDPW specifications 1, 075. 0 TONS 39. 50 TON 42 , 462 . 50 Melville,New York•Farmingdale,New York•Riverhead,New York Town Board Page Two Town of Southold Southold, NY 11971 July 13, 1983 UNIT AMOUNT ITEM DESCRIPTION QUANTITY PRICE PAYABLE 51 FZ Furnish & place wearing course asphalt concrete for resurfacing as per SCDPW specifications 700. 0 TONS $39. 50 TON $27, 650. 00 Base Contract Total $91, 923. 06 AMOUNT PAYABLE. . . . . . . . . . . . . . . $91L, 923 . 06 Very truly yours, HOL CHER, McLENDW & MURRELL, P.C. o'K onald A. doss, P.E. DAS/be cc: Raymond C. Dean John T. Montecalvo, Inc. • RECEIVED • JUL 21 '198'. Tow" Clerk Scuti:old HOLZMACHER, McLENDON and MURRELL, P.C. • CONSULTING ENGINEERS, ENVIRONMENTAL SCIENTISTS and PLANNERS 125 BAYLIS ROAD, SUITE 140, MELVILLE, N.Y. 11747 • 516-752-9060 July 14 , 1983 Town Board Town of Southold Town Hall Main Road Southold, NY 11971 Re: Town of Southold Resurfacing of Sound Avenue at Western Town Limit Contract SOHT 82-04 Payment No. 1 - Final Gentlemen: Enclosed herewith are the following items for the above-referenced contract: 1) Engineer' s Payment No. 1 - Final, description of work dated July 13, 1983. 2) Town of Southold contract voucher for John T. Montecalvo, Inc. in the amount of $91, 923. 06. If you have any questions, please do not hesitate to contact me. Very truly yours, HOL CHER L N & MURRELL, P.C. i Donald Sioss, P.E. i DAS/RSM/be Encs. cc: Raymond C. Dean John T. Montecalvo, Inc. Melville,New York•Farmingdale,New York•Riverhead,New York Center Moriches My 13 July . . TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, N. Y., Dr. TO.. John T. Montecalvo, Inc. .............................Claimant Address.. 48 Railroad Avenue, Center Moriches, NY 11934 ........................................................................ Fed. I. D. No. 112146352 ..................... or Soc. Security No. ........................ SORT 82-04 - RESURFACING OF SOUND AVENUE AT WESTERN 7/13/83 TOWN LIMIT (CONTRACT VOUCHER) Construction completed to date in accordance with Engineer's Payment No. 1 - Final, Dated July 13, 198 Total Construction Cost $91,923 06 AMO Y $91,923 06 Certified Correct: Donald A. loss, P.E. The undersigned (£-iafmant} (Acting on behalf of above named Claimant) does hereby certify that the (Cross out one) foregoing claim is true and correct and that no part thereof has been paid, except as therein stated, and that the balance therein stated is actually due and owing. July 13 83 Dated ......................................... .. 19............ Signature Town of Southold BILL OF . . . . . . . . . . . . . . . . . . . . . . . . . . For Services and Disbursements as . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Claimed, $. . . . . . . . . . . . . . . . . . . . Allowed, $. . . . . . . . . . . . . . . . . . . . Audited . . . . . . . . . . . . . . .. 19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Clerk • RECEIVED • JUL 2 11983 Town Clark Southold HOLZMACHER, McLENDON and MURRELL, P.C. • CONSULTING ENGINEERS, ENVIRONMENTAL SCIENTISTS and PLANNERS 125 BAYLIS ROAD, SUITE 140, MELVILLE, N.Y. 11747 • 516-752.9060 July 13 , 1983 Mr. Raymond C. Dean Highway Superintendent Town of Southold/Highway Dept. Peconic Lane Peconic, NY 11958 Re: Town of Southold Resurfacing of Sound Avenue at Western Town Limit - Additional Work Sta. 24 + 00 to Sta. 36 + 00 SOHT 82-04 Dear Ray, This is to report that John T. Montecalvo, Inc. , 48 Railroad Avenue, Center Moriches , NY, in accordance with the additional work authorized by the Highway Department to extend the resurfacing from the end of the base contract (Sta. 24 + 00) to Sta. 36 + 00 and, based on our firm' s inspection of this project has completed and is entitled to payment for the following work: UNIT AMOUNT ITEM DESCRIPTION QUANTITY PRICE PAYABLE 5A (ALT. ) Removal of temporary pav't. & replace w/l2" binder course asphalt on 6" base course asphalt 109. 95 SY $38. 00 SY $ 4 , 178 . 10 5B (ALT. ) Removal of exist. deteriorated pav' t. & replace w/12" binder course asphalt on 6" base course asphalt 833. 46 SY 30 . 00 SY 25 , 003 . 80 11 (ALT. ) Tack Coat 400 . 0 GAL 2 . 20 GAL 880 . 00 12 (ALT. ) 4" thermoplastic reflectorized pavement markings 2 , 240 . 0 LF 0 . 50 LF 1 , 120 . 00 51 TL (AL•T. ) Furnish & place truing & leveling asphalt concrete as per SCDPW specifications 87 . 06 TONS 39. 50 TON 3 , 438 . 87 Meivide,New York•Farmingdaie.New York•Rivernead.New York Mr. Raymond C. Dean Page Two Town of Southold/Highway Dept. Peconic, NY 11958 July 13 , 1983 UNIT AMOUNT ITEM. DESCRIPTION QUANTITY PRICE PAYABLE 51 FZ (ALT. ) Furnish & place wearing course asphalt concrete for resurfac- ing as per SCDPW specifications 402 . 32 TONS 39. 50 TON $115 , 891. 64 Additional Work Total $50, 512 . 41 Very truly yours, HO MA R, cLENDON & MURRELL, P.C. Do d A. Sioss, P.E. DAS/RSM/be Ch1,ropy For cc: Town Board John T. Montecalvo, Inc. MUNICIPALITY: TOWN OF SOUTHOLD TOWN HALL Main Road Southold, New York 11971 Contract Name "�-•� ,�, Cl�toe Project No AFFIDAVIT PURSUANT TO SECTION 220-a OF THE LABOR LAW NOTE: ALL CONTRACTORS,SUBCONTRACTORS,AND SUBCONTRACTORS OF SUBCONTRACTORS MUST FILE THIS STATEMENT. / _ rr� Title of '``'/A) 7- �, r"�/T !r `/t. + _1 1 �G t Contractor under Name of Firm ❑ Subcontractor Project No ' �' / with ❑ ❑ for Indicate name of Contractor �i V,.�•�lG Indicate nature of work at � �'�' >'t�" � f �`- hereby certify that all laborers have Loca ion of work been paid in full for period ended 19 e ,? , and that there is now due and owing from it/me to any and all laborers (laborers include all laborers and mechanics, ex- clusive of executive or supervisory employees) for daily or weekly wages or supplements on account of labor performed upon the work under said contract, the following amounts to the persons whose names are set forth below opposite such amounts: (If none, so state) $ due and owing to $ $ �y� $ <I $ , $ I Use additional sheets if necessary I further certify that I have contracted with the firms listed below as subcontractors, for labor to be per- formed upon the work under said contract. (If none, so state). Name and Address of Subcontractors Type of Work i Use additional sheets if necessary Signature STATE OF NEW YORK S: COUNTY OF:.,��� C On this lec. day of ---I"LY 19 X3 , personally appeared before me .�;Cay9,�D 7 �Q to me known and known to me to be the person described in and who signed the f�ore/g_oing statement who being by me duly sworn said that he is G/exo' of `1.�clh�.il 77 G✓4 -nlG (Officer or Individual) (Con ractor or Subcontractor) the C�1VA) for which he executed the foregoing statement, for and in behalf of the (Cor or ion or Partnershi said ,�. O �y�rdD �✓� co tractor; that he has read the said statement so signed by him and knows the contents thereof and th the',sat 'Jr and /ty+1PI wn ^nowledge. DOROTHY A. OSr30RNfi NOTARY PUBLIC,STATS OF NEW YORKl..ill ((( '..JALIFIEC IN SUFFOLKCO U:JTY t otary Public No. 4658508 1 �%MIMISSION EXPIRES MARCH 30.W Section 220-c Labor Law. Any contractor or subcontractor w shall upon his oath verify any statement required to be filed under this act which is known by him to be false,shall be guilty of perjury and punishable as provided by Section One Thousand Six Hundred and Thirty-Three of the Penal Law. Suozzi, ENGLISH & CIANCIULLI, P.C. COUNSELORS AT LAW JOSEPH A. SUOZZI 1505 KELLUM PLACE SUFFOLK COUNTY OFFICE JOHN F. ENGLISH n _ INGTON OUAORANGLE MINEOLA, N.Y. }fir, �_ EMIL V. CIANCIULLI � A�^� t�e,:•a+ 1�-S LVILLE. N. Y. 11747 BASIL A. PATERSON �"i•4 516-293-1300 JOSEPH P. HOEY 516-741-656 JEFFREY G. STARK 212-895-312 � ^ �� YORK CITY OFFICE JOHN V. N. KLEIN _ iv ) E I WEST 47TH STREET HAROLD M. ICKES 41 YORK, N.Y. 10036 M. KATHRYN MENG 212-895-3129 ROBERT M. ARCHER TOWN OF SOUTHOLD BRIAN MICHAEL SELTZER [PECIAL COUNSEL IRWIN SHAPIRO JAMES T. ROCHFORD DANIEL C. MOONEY COUN5EL STEPHEN C. GLASSER STEPHEN P. SCARING RICHARD G. FROMEWICK ARTHUR E. TARLOW LOIS CARTER SCHLISSEL JAMES P. MELTON WILLIAM J. BERNSTEIN ANTHONY V. CURTO RONALD E. SOMMER LEONARD J. SHORE KENNETH L. GARTNER ROBERT N. ZAUSMER June 29 , 1983 009. CERTIFIED MAIL, RRR ' / CQ;iL 1 I Mr. Ronald Montecalvo John J. Montecalvo, Inc. Adg, Date 48 Railroad Avenue Center Moriches, New York 11934 File Dear Mr. Montecalvo: I am writing on behalf of our client, Local 138, 138A and 138B, International Union of Operating Engineers, AFL-CIO, in regard to the operation of your company' s asphalt plant located at Riverhead-Speonk Road, Speonk, New York, and with respect to a related public works project on Sound Road, Southold, New York. The Union understands that your total labor costs on the above-described work is below that which has negotiated with other companies in this area, in particular, as to wages, fringe benefits and manning requirements. The substandard conditions under which your employees perform their work adversely affect other individuals employed in the industry as operating engineers and oilers , since they tend to depress negotiated terms and conditions of employment and limit employment opportunities for such operating engineers and oilers who regularly receive fair wages and fringe benefits and are employed in accordance with area standards. If you dispute the Union' s assertions, please provide it with the present rates of pay and fringe benefits received by your operating engineers and oilers and the manning procedures which the company utilizes in their employment. The failure to respond to this request within five (5) days of the date of this letter shall be considered an admission that you refuse to conform to area standards. Con' t. June 29, 1983 Page 2 Mr. Ronald Montecalvo If you chose not to conform to area standards regarding operating engineers and oilers, I am advised by my client that it intends to inform the public and citizens in the community that you employ operating engineers and oilers under substandard conditions, which will be done by means of peaceful primary picketing and other lawful forms of publicity at those job sites where you are engaged in your normal business. Ve truly yours, Robert M. Archer RMA: lb cc: James J. Duffy, President and Business Manager - Local 138 William Montgoris - New York State Department of Labor William R. Pell Southhold Supervisor Raymond C. Allmendinger Suffolk County Labor Commissioner k q ` R Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 JUDITH T.TERRY TELEPHONE TowN CLERK (516)765-1801 REGISTRAR OP VITAL STAT ISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 10, 1982 Donald A. Sioss , P.E. Holzmacher, McLendon & Murrell , P.C. 125 Baylis Road, Suite 140 Melville, New York 11747 Dear Don: The Southold Town Board at a regular meeting held on November 9, 1982 adopted the following resolution with reference to Town of Southold, Resurfacing of Sound Avenue, SOHT 81-01: RESOLVED that the Town Board of the Town of Southold accept the bid of J. T. Montecalvo, Inc. , Center Moriches, New York, for the resurfacing of Sound Avenue at the Western Town Limit , in the amount of $92,120. 00, in accordance with base bid dated Sept- ember 30, 1982, and be it further RESOLVED that Supervisor William R. Pell , III be and he hereby is authorized and directed to execute a contract with J. T. Montecalvo, Inc. for the aforesaid resurfacing project . The deposits for plans and specifications for those qualified are being returned - Muirfield Contracting, Inc. - 25. 00; Rason Asphalt , Inc $25.00; Pratt & Pratt , Inc.-$12. 50; ohn T. Montecalvo , Inc.-$25. 00. I am also returning the bid bonds to the bidders and retaining the bid deposit check of Montecalvo, Inc. in the amount of $8,500.00 which will be returned once the contract is executed. I assume you will be taking care of contract preparation and notifying Mr. Montecalvo of required bond and insurance documents required prior to executing the contract . Very truly yours, Judith T. Terry Southold Town Clerk r- � 41, Town Hall, 53095 Idain Road P.O. Box 728 Southold, New York 11971 JUDITH T.TERRY rr TELEPHONE Town CLERK (516)765-1801 REGISTRAR OI VITAL STAT ISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 11 , 1982 John T. Montecalvo, Inc. 48 Railroad Avenue Center Moriches, New York 11934 Dear Mr . Montecalvo: The Southold Town Board at a regular meeting held on November 9, 1982 accepted your bid in the amount of $92,120. 00 for the Resurfacing of Sound Avenue at the WesternTown Limit . You will be contacted by Mr. Donald Sioss of Holzmacher, McLendon & Murrell , P.C. relative to the contract . I am enclosing herewith your $25. 00 deposit for plans and specifications. Your bid deposit in the amount of $8,500. 00 will be returned to you upon execution of the contract . Very truly yours , Judith T. Terry Southold Town Clerk Enclosure dpi A- 0 Town Hall, 53095 Main Road pyx - ; P.O. Box 728 Southold, New York 11971 JUDITH T.TERRY '' TELEPHONE TOWN CLERK (516)765-1801. REGISTRAR OI VITAL STA"I"ISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 11 , 1982 Pratt & Pratt , Inc. 608 Union Avenue Holtsville, New York 11742 Gentlemen: Returned herewith is one half of your deposit ($12. 50) for plans and specifications in connection , with the bid for Resurfacing of Sound Avenue at the Western Town Limit in the Town of Southold. To receive the full $25. 00 refund the plans and specifications would have to have been returned within 10 days. However, yours were returned within 30 days and you are entitled to one-half of the deposit. Very truly yours , Judith T. Terry Southold Town Clerk Enclosure yr Vj Town Hall, 53095 Main Road }1 P f P.O. Box 72.8 ��'! Southold, New York 11971 JUDITH T.TERRY Mrt TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 11, 1982 Mr. Joseph H. Farley, President Muirfield Contracting, Inc. 16 Heath Place Garden City, New York 11530 Dear.-Mr.---Farley: Returned herewith is your $25. 00 deposit for plans and specifications in connection with the bid for Re- surfacing of Sound Avenue at the Western Town Limit Project in the Town of Southold, as well as your 5% bid bond. The Town Board accepted the bid of John T. Montecalvo, Inc. in the amount of $92 ,120.00. Very truly yours , Judith T. Terry Southold Town Clerk • HOLZMACHER, McLENDON d MURRELL.P.0 y CONSULTING ENGINEEII6.ENVIRONMENTAL SCIENTIST!-C hANNENS 1p0SAL (CONT' D. ) SURFACING OF SOUND AVENUE TOWN OF SOUTHOLD THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK OJECT NO. SOHT 81-01 BID DATE: SEPTEMBER 30, 1982 TAI, BASE BID (SUM OF ALL ITEMS EXCEPT 5A (ALT) , 5B (ALT) , (ALT) , 11 (ALT) , 12 (ALT) , 51 TL (ALT) and 51 FZ (ALT) TAL . &�V P -o 'T41 M uk) ! US e�nJD ��IZF ¢ T5 Dollars TAL ALTERNATE BID (SUM OF ALL ITEMS) /'1) TAL to d t J U rJ 0!tk _ �, ` (/c f p lJ .�tJO . LJI�I . oa Dollars rt Bids shall be based on normal seasonal working conditions without ost in the ground. It is anticipated that the Notice to Proceed will given in October. COMPLETION DATE SHALL BE 45 CALENDAR DAYS AFTER THE NOTICE OF WARD. LIQUIDATED DAMAGES SHALL BE $250 .00 PER DAY. THE COMPLETION TE SHALL BE CONSIDERED AS THE DATE WHEN THE PAVEMENT STRIPING ERATIONS HAVE BEEN COMPLETED. RM MUIVIELD CONTRACTING, INC. NAME: �T16A roti IRM ADDRESS: GARDLN CITY, N.Y. 1:153 J � LI=H IGNED BY H. FARLEY, ITLE: rTsident_ DATE: S 30 19a1 I %.Y PHONE NO, p L -Z- I L 4 ' 4-1'1 - I'(SO � 3 F- PHONE NO. S-1 8. OG 99 ¢-l'l-o I O :4 N P-B 7 of 7 r • Fidelity and Deposit Company HOME OFFICE OF MARYLAND BALTIMORE,MD.21203 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned..............Muirfield Contracting. Inc. -___-16__Heath_-P7�ace;__-Garden-_City_F_-Naw__York_..--__.11742-----------------------------------as Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND as Surety, are hereby held and firmly bound unto Town of Southold ------------------------------------------------------------ ------------------------------------------------------------------ -------------------------------------------------------- ------------------------------------------------- ........................................................................................................................................ in the penal sum of-------------------------FJ-Ye...Per_dent...Q5%)_...AM-0..=t..Rid................................................... for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. Signed this---------------------34th-•--------------------------day of-----------Zeptember......................19----82 THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That, WHEREAS the Principal has submitted to------------------------------------ n of Southold Tow a certain Bid, attached hereto and hereby made a part hereof, to enter into a contract in writing, for the Resurfacing--------------------------------------------------enue at the Western Town Line ------------------------ ---------------------------------------------------------------------------- ------------------------------------•----•----------------------------------------%-------------------------- --------------------------------- NOW, THEREFORE, (a) If said Bid shall be rejected, or, in the alternate (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said Contract, and for the payment of all prsons performing labor or furnishing materials in connection therewith, and shall in all otter respects perform the agreement created by the acceptance of said Bid, Then, this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Obligee may accept such bid; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. MU- IID...CONTRACTING.9....I.N.0-1.............. PrinciQal By---.....-- .1;SEP' H. FARLEY, PRESIDEiJ 1 FIDELITY AND DEPOSIT COMPANY OF MARYLAND C2424(NJ)-2M,8-81 213491 By Robert G. Tynan Attorney-in-fact : Power of Attorney •`' FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME Offlas BALTIMORE.MD. ^� --- n. �,s.rc•Tlhat the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora- 4 A r, IJ RORBSNS , STATE OF_.------A4W A' QY_b. COUNTY OF..-----__--+jai - ---- ss: On this...-•-----........... 1> JJJ - ------ - day of - - k"!�!�_aL a Joseph II. Farley ---------------------- Personally --19 before me ersonall PPeared - -- - - - - _ - -- - - -- - - ---------------•----- - -- - - - with whom I am personally ac�+ai�,� o'bein by me duly sworn, did depose and say; That he resides at,..--------- o F 4U- t �� EN1TffT &-Y;--_11�04------------------------- ------------that he is the..---....YtFCjJDE101T the the--— - - ---- - - -- > " _�'e Q eZ'3 l inc. the corporation described in and which executed the foregoing instrument that he knows the corporate seal of said corporation;- that the seal thereto affixed is such corporate seal; that it is so affixed by order of the Board of Directors,and that he signed his name thereto by like order. f} fAfifflf.......__... --- ........................ BR(112)23 215105 2ry ublic, State of New YocKo y Public No. 30.4722690 County Qualified in Nassau County ua you, r _ Commission Expires March 30,194 f' The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI,Section 2, of the By-Laws of said Company,and is now in force. ' IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this .........................11.th--------------------------day of---------------------YLa--Qja........................... A.D. 19 _$1.- 1,,,,,% FIDELITY AND DEPOSIT COMPANY OF MARYLAND �00°ps, ATTEST: n so SAL By .._..... .... ....... Assistant Secreta Vice-President STATE OF MARYLAND i ss: CITY OF BALTIMORE J $1 19 A.D.r , before the subscriber, a Notary Public of the State of Mah.. - --_ -----_..o.l.aod qualified,came the above-named Vice-President and Assistant - --->� 0iadiYid_uals and officers described STATE op..__N ew York .. ..._-•-•------•----••--•--•-•---- COCNTYOF......Flew- -York ss: On ...........dap of---•--.-......-. appeared.....-....... -----•---Robert-- G. ..........--..- 19 - efore cne per ona(Ij• ---------- with whom I am personal)Y ac ua9 _.---------- -•------- _ inted, who, being by me duly sworn,did depose and say; ew York .............. •-•--... That he resides at...-•---_•-----_-•-------�•'- ..... New York - ... at he is the..... Attorney-in-fact F-es that f a c t of the. n Durance the corporation CompanIL de Bribed in and which executed the fore that the seal thereto affixed is such corporateforegoing instrument; that he knows the corporate seal of said corporation; name thereto by like order. seal; that it is so affixed by order of the Board of Directors,and that he sinned his BRO12)23 .....ri-��'G r� Expl,e_ Mcuc I 1'd rN •rt, L142actf.-1M.t1-til 214234-112-2761 E 30, 93 _. .� .�. ..� .-... ..�.-....�. -.. . - .. .. .� .... ... •,n T \ -T`T'Y Tl • \ Tl 1- Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: BALTIMORE.MD. KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora- tion of the State of Maryland, by C, M. PECOT, JR. , Vice-President, and C. W. ROBBINS , Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Com- pany, which reads as follows: SEC.2.The President,or any Executive Vice-President,or any of the Senior Vice-Presidents or Vice-Presidents specially author- ized so to do by the Board of Directors or by the Executive Committee,shall have power,by and with the concurrence of the Secre- tary or any one of the Assistant Secretaries,to appoint Resident Vice-Presidents,Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require,or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings,recognizances,stipulations,policies,contracts,agreements,deeds,and releases and assignments of judgments,decrees, mortgages and instruments in the nature of mortgages,and also all other instruments and documents which the business of the Com- pany may require,and to affix the seal of the Company thereto. does hereby nominate, constitute and appointWilliam F. Tynan, III and Robert G. Tynan, both of New York, New York, EACH. . . . . . . . . . . . . . . . . . . . . . . . . . . . -_, its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed:any and all bonds and. undertakings. . . . . . . . . . . . . . . . . . . . �. n the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Company,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons. This rawer of attorney revokes that; issued on behalf of William F. Tynan, III, dated, September 27, 1978 and on behalf of Robert G. Tynan, dated July 15, 1975. The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI,Section 2, of the By-Laws of said Company,and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this .........................ll.th-------------------_ ---day of-------------- ........................... A.D. 19-81.. +••-% FIDELITY AND DEPOSIT COMPANY OF MARYLAND 'i'*oorvosi, ATTEST: _ r Ir SEAL vp 0 co STATE OF MARYLAND Assistant Secretary Vice-President l SS: CITY OF BALTIMORE J On this .1 th day of March , A.D. 1981 before the subscriber, a Notary Public of the State of Maryland,in an�for the City of Baltimore,duly commissioned and qualified,came the above-named Vice-President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and they each acknowledged the execution of the same,and being by me duly sworn, severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal,at the City of Baltimore,the day and year first above written. 0 4'NOT1�Y 1., .......................... .................... _................_........_..__ . Notary Public ommissl ares-.:11AIS---1..---1QU CERTIFICATE I,the undersigned,Assistant Secretary Of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original Power of Attorney of which the foregoing is a full,true and correct copy,is in full force and effect on the date of this certificate;and I I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents spe- cially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI,Section 2 of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and field on the 16th day of July, 1969. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMON WHEREOF, I have hereunto subscribed my name and a ed•�the corporate seal of the said Company, this -•--•-----------------•-- .................day of... , 19 �L L1428CtE.-3M,11-SI 214234-112-2764 - ---------- - : •--___ ------------ Ass:slant cretary FC)R 'N'C)T'R PP01'F:("1'TCl\' T C)(\T' 1.(1T) '1'T-T I: i.C,TI �.\' 1 '1-T.T f \ 1) T.- }. L1358a-501M,8-82 215928 FIDELITY AND DEPOSIT COMPANY OF MARYLAND Statement of Financial Condition AS OF JUNE 30, 1982 The W ASSETS 'Bonds .. ..... ... . .. . ..... ... .... . ....... ............. ... . ..... $88,593,973 `Stocks .. ..... .. . ......... ... .... ........ ... ... .. .............. 95,423,343 RealEstate ... ............. .. . .............. . .. ... .............. 3,051,568 Cash in Banks and Offices .... ... ........ ... . ... ...... ........ .... 2,782,651 Premiums in Course of Collection (less than 90 days old) ....... ... ..... 12,761,299 Reinsurance and Other Accounts Receivable ... ...... .......... ...... 3,219,657 TOTAL ADMITTED ASSETS..... ... .......... ... ... .... ....... ..... $205,832,492 LIABILITIES, SURPLUS AND OTHER FUNDS Reservefor Unearned Premiums ................... .. .. ... ... ...... $70,654,280 Reserve for Claims and Claim Expenses ........ ........... .... ...... 39,593,309 Reservefor Taxes and Expenses... ........... ....... . ...... .. .. ... . 3,095,608 Miscellaneous Reserves and other Liabilities ... ... ........... .... .... 7,241,645 TOTAL LIABILITIES ... ...... . .. ... ...... .... .. . . ... . ... ........ . $120,584,844 Capital Stock, Paid Up . ... .. . .............. . .... ... $5,000,000 Surplus .. .. ... .. . ..... ... ....... . ....... . ... . .. . . 80,247,648 Surplus as Regards Policyholders... ................ .... .... ........ 85,247,648 TOTAL .... .. ... . ....... . ... . .. ...... .......... .. .. . ... . . .. .. $205,832,492 Securities carried at $3,747,563.in the above statement are deposited as required by law. 'Securities carried on the basis prescribed by the National Association of Insurance Commissioners.On the basis of June 30, 1982 market quotations for all bonds and stocks owned, this Company's total admitted assets would be $187,677,970. and surplus as regards policyholders$67,093,126. I, WILLIAM R. Amos, Treasurer of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing statement is a correct exhibit of the assets and liabilities of the said Company,on the 30th day of June,1982, according to the best of my information, knowledge and belief. William R Amos ---------------------------------------------------------------------------- Treasurer STATE OF MARYLAND ?SS: CITY OF BALTIMORE ) Subscribed and sworn to,before me,a Notary Public of the State of Maryland in the City of Baltimore,this 30th day of July, 1982. Stephanie A. Mason Notarial ------------------------------------------------------ Seal Notary Public My commision expires July 1, 1986 a a�a Town Hall, 53095 Main Road P.O. Box 728 v Southold, New York 11971 JUDITH T.TERRY TELEPHONE Town CLERK (516)765-1801 REGISTRAR OI'VITAL STAI IS"PICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 11, 1982 Rason Asphalt , Inc. P. 0. Box 758 Farmingdale , New York 11735 Gentlemen: Returned herewith is your $25.00 deposit for plans and specifications in connection with the bid for Re- surfacing of Sound Avenue at the Western Town Limit Project , as well as your 5% bid bond. The Town Boaied accepted the bid of John T. Montecalvo , Inc. in the amount of $92,120. 00. Very truly yours , ��� Judith T. Terry Southold Town Clerk Enclosures 1 • • a lav HOLZMACHER, McLENDON&MURRELL,P.0 QONSUVINO ENWNEEM. SGENyftT1 d AMNEft TROPOSAL (CONT' D. ) zZSURFACING OF SOUND AVENUE TOWN OF SOUTHOLD T THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK rROJECT NO. SOHT 81-01 BID DATE: SEPTEMBER 30, 1982, s OTAL. BASE BID (SUM OF ALL ITEMS EXCEPT 5A (ALT) , 5B (ALT) , 10 (ALT) , 11 (ALT) , 12 (ALT) , 51 TL (ALT) and 51 FZ (ALT) ,I TOTAL !`��1J�I S�X�AC)US'�f�6�� �-ti2.i -S�V�N .�E�t:E.AfZS :4N[� NO C' NTS ($9(.,337 00 ) Dollars ^OTAL ALTERNATE BID (SUM OF ALL ITEMS) ^OTAL �N�i t+iv N IJ Slp y > ��► r�tousau . c� �v u 1 y NSP. ,DO (.acs. �1D. No C�N!S. ($Ilo$X083°= ) Dollars Bids shall be based on normal seasonal working conditions without Trost in the ground. It is anticipated that the Notice to Proceed will �•= given in October. COMPLETION DATE SHALL BE 45 CALENDAR DAYS AFTER THE NOTICE OF t4ARD. LIQUIDATED DAMAGES SHALL BE $250.00 PER DAY. THE COMPLETION =ATE SHALL BE CONSIDERED AS THE DATE WHEN THE PAVEMENT STRIPING JPERATIONS HAVE BEEN COMPLETED. IR,y NAME: 9950t l AbPAAUT ( MC • — 'IRM ADDRESS: P.O. P�o� 5 A (�IQD J tit SIGNED BY: MgLj cg& :'ITLE: DATE: gI�JOi�� "Y PHONE NO. PHONE NO. go rI P-B 7 of 7 Fidelity and Deposit Company r HOME OFFICE OF MARYLAND BALTIMORE,MD.21203 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned,_--___---_Rason_.Asphalt,._Inc,--------------------•_--_-----_------_-----_--------- P.O. Box.75 ,__-Farmingdale,--.New-York 11.7.3 ------------------------------------------as Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND as Surety, are hereby held and firmly bound unto Town of Southold -------------------------------- ------------------------------------•----.....--------------...--•------...----•---•-------...--•---------------------------•- -----------------------------------------------------------------------------------:---------------------------------------------------------------------------------------------------------- in the penal sum of-----------------------Five---Parcmit---(.5%_)---Amo.unt—$.0..................................................... for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. Signed this-------------------30th-----------------------------day of----------$.egtember........................19-82-- THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That, WHEREAS the Principal has submitted to_--------------------------------Town of Southold a certain Bid, attached hereto and hereby made a part hereof, to enter into a contract in writing, for the Re ux'fa xlg -o -_found.-_,Ayenue_..at...the---Wes-term---Tarn...Line--------------------------------------- -------------- - -- ------------- NOW, THEREFORE, (a) If said Bid shall be rejected, or, in the alternate (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said Contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, Then, this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Obligee may accept such bid; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. RASON ASPHALT' INC. - ---------------------------------- ------------------------------------------------------ Principal By....�... ------ 00---- . --�----------------------------=---------------- e ............ FIDELITY AND DEPOSIT COMPANY OF MARYLAND By-. - - - --------------- - - -...---------------------------------- C2424(NJ)-2M,a-si 213491 Robert G. Tynan, Attorney-in-fact ` Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND i HOME OFfla. BALTIMORE.MD. STATE OF�� f l ti �' —- - ss: COUNTY OF.... •-- -• ...----..................... On this_- - - - - day of----.. -- ------ h---).................191 ybefore me personally appeared ---h�?H: M�1 l5(Z with whom I am personally acquainted,who, being by me duly sworn, did depose and say: That he resides at..---J�JJJ)))�����/ t^^!�'`" L — - - - - - that he is the �� :LTLt�. of thee- -y- -.-� �� --- - --- —------------ - - - - -- ..................... the corporhfion described in and which executed the foregoing instrument; that he knows the corporate seal of said corporation; that the seal thereto affixed is such corporate seal; that it is so affixed by order of the Board of Directors,and that he signed his name thereto by like order. VI3t0INI< &MIRRT liblsry Public,State of New York......... c_•%,!!'. NO. 2-0033675; Suffolk County, Notary Public SR(112)23 215105 C'OMMISsion expires March 30, 19 County 4� ua vcu� vcj..vcwvci �� � �./ �v cu�u vu s.+cuali �.i i�v uc�. 0 v• 1,�11GLL.:� ua vcu v,.u� �.1� i, �v., The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI,Section 2, of the By-Laws of said Company,and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal Of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this -- ------------day of.....................Barch........................... A.D. 19-8-1._. "' "ASIT COMPANY OF MARYLAND STATE of x—VQrT... A Com or..•._..'New'York ............ On this.----__- • appeared....- --- -... -------Ebert_-G -----... With whom I am ---_..-- personal! - -__. 19....-- - before me Y SCgU3��nCed, whOrjto. being _----•---•--------•-------_-----•------•----•- Per`oua[ly That he resides at..._. b by me duly Sworn, did de ose ---�!?TSf---- P and say: -....__.._.of the. Fideii P�e�r._Yszx� ------ ------that he is the..E t_ the �----.-_.__•--=- _ and Iia ,� - rporation described in and - - ..pC)��-= `�3frs�aP_�r of -°. _ r'ney------ that the seal thereto affixed w}''ch executed th foregoim� irs r7arlarld fixed is such _._____ name thereto b b ir"Ient; 1 y like Order. Corporate seal; that it is, fast he k _ so ajfxe<i vows the cor.orate seal of said Cor b.r;,rder cf the Board of Directors, and that he signed his potation; P.OSEMARY ROBERTO NOT ARY PUBLIC, b States of New yo No. 43-4039247 �:7 BR;uz)z3 213z8y Qualified in Richmond CoonCertificate Filed in Necv y tY Commission Ex ork County "'Picas P4nrch 30. 198 Co!,nty the FIDELITY AND Larva,. ---- _ This Certificate may be signed by facsimile under anu FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and Ilelu REsoLvED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the C:ompauy, made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunW subjuibed my name and affixed the corporate seal of the said Company, this _.._..._.._.__.__.._. ................day of..... ......._.._.... ....-•-......... •.. •. ----....... ...... L1428Ctf-3M,11-81 214234-112-2764 Assistant ftktry 0 , Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OPflat BALTIMORE.MD. KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora- tion of the State of Maryland, by C. M. PECOT, JR. , Vice-President, and C. W. ROBBINS , Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Cotn- pany, which reads as follows: SEC.2.The President,or any Executive Vice-President,or any of the Senior Vice-Presidents or Vice-Presidents specially author- ized so to do by the Board of Directors or by the Executive Committee,shall have power,by and with the concurrence of the Secre- tary or any one of the Assistant Secretaries,to appoint Resident Vice-Presidents,Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require,or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings,recognizances,stipulations,policies,contracts,agreements,deeds,and releases and assignments of judgments,decrees, mortgages and instruments in the nature of mortgages,and also all other instruments and documents which the business of the Com- pany may require,and to affix the seal of the Company thereto. does hereby nominate, constitute and appointWiiliam F. Tynan, III and Robert G. Tynan, beth of New York, New York, EACH- - . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed:ar_y and all bonus and undertakings. . . . . . . , . . . . . nt e execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Company,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons. This -ower of attorney revokes that issued on behalf of William F. Tynan, III, dated, September 27, 1978 and on behalf of Robert G. Tynan, dated July 15, 197n. The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI,Section 2, of the By-Laws of said Company,and is now in force. , IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this .........................11-t.h..........................day of.....................yla Ja----••-----------_----- A.D. 19- 1.- �,..•+. FIDELITY AND DEPOSIT COMPANY OF MARYLAND ��O DEapsl� ATTEST: 0 SEAL 044� r "%',;;�;,"•eie -------------------------- BY - STATE OF MARYLAND Assistant Secretary Vice-President t SS: CITY OF BALTIMORE f On this 1th day of March , A.D. 1981 before the subscriber, a Notary Public of the State of Maryland,in an for the City of Baltimore,duly commissioned and qualified,came the above-named Vice-President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and they each acknowledged the execution of the same,and being by me duly sworn, severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal,at the City of Baltimore,the day and year first above written. tri MOTAAY'f ___________________•--.-..-- ' t ................... ...... ..... ..�.... .............. ;ta Nota Public ommissi q ' ,,►t,.tt°. �' Tres ��. ...�1. CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original ower of Attorney of which the foregoing is a full,true and correct copy,is in full force and effect on the date of this certificate;and I further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents spe- lly authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI,Section 2 of the By-Laws of -t a FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day Of July, 1969. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed.,, IN TESTIMONY WHEREOF, I have hereuntp sub cribed my name and affixed the corporate seal of the said Company, this .. ..._..-...... .._....._.. ..._......_...day of..... 19-. awp 1,1428Ctf.-3M,I1-81 214234-112-2764 _..-......_ _ ».._.._----_- --------- Assistant cretary-_--• Tl/1 TT [-/\T 'Tv TITI/1•t`.`/. ♦ i/\�. T iii. . ♦..'\ \ ♦ - T!'` Twp T . s • .. T♦ ♦ . i T. T— ` L1458a-50M.8.82 215928 FIDELITY AND DEPOSIT COMPANY OF MARYLAND Statement of Financial Condition AS OF JUNE 30, 1982 The TO ASSETS 'Bonds ...... .. ........ ..... .... . ..... ... . . ...... . ... ... ...... $88,593,973 *Stocks .... ...... . . ...... . .. . .... ... .. . .. . . ... . .. . ... .... ...... 95,423,343 RealEstate . ........ . . ... .. ....... ... .. ........... .............. 3,051,568 Cash in Banks and Offices ..... ....... ...... . ... .... ....... ....... 2,782,651 Premiums in Course of Collection (less than 90 days old) ..... .......... 12,761,299 Reinsurance and Other Accounts Receivable ...... ... ............ .... 3,219,657 TOTAL ADMITTED ASSETS... . ...... . ....... ... ... ..... . .. . .. ..... $205,832,492 LIABILITIES, SURPLUS AND OTHER FUNDS Reserve for Unearned Premiums . ... ... ... . .. . . ...... .. .. . .... ..... $70,654,280 Reserve for Claims and Claim Expenses ....... . ... ........ .......... 39,593,309 Reservefor Taxes and Expenses.. ........... . ... ................ ... 3,095,608 Miscellaneous Reserves and other Liabilities . ......... .... ....... ... . 7,241,645 TOTAL LIABILITIES ... .... ... . .... ... .. . .. ..... . ... . .... ... . .. .. $120,584,844 Capital Stock, Paid Up . ... .... ... . ... ...... . . .. . ... $5,000,000 Surplus . ... .... .. . . .... ... . ... ... . ... ... . .... .... 80,247,648 Surplus as Regards Policyholders. .... . .......... ... ...... ... ....... 85_,247,648 TOTAL ..... ....... ... . . .. . .... .... .. . ....... .... .. .......... $205,832,492 Securities carried at $3,747,563.in the above statement are deposited as required by law. 'Securities carried on the basis prescribed by the National Association of Insurance Commissioners. On the basis of June 30, 1982 market quotations for all bonds and stocks owned, this Company's total admitted assets would be $187,677,970. and surplus as regards policyholders $67,093,126. 1, WILLIAM R. Amos, Treasurer of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing statement is a correct exhibit of the assets and liabilities of the said Company,on the 30th day of June,1982, according to the best of my information, knowledge and belief. William R Amos ..........•••••••••••••••...••••••......••.................................. Treasurer STATE OF MARYLAND SS: CITY OF BALTIMORE j Subscribed and sworn to,before me,a Notary Public of the State of Maryland in the City of Baltimore,this 30th day of July, 1982. Stephanie A. Mason otarial _...••••................................•••...._.............•............ Seal Notary Public My commision expires July 1, 1986 3 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York: 11971 JUDITH T.TERRY ' ' TELEPHONE Tow;v CLERK (516)765-1801 REGISTRAR 01 VITAL S'IA I ISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 10, 1982 J. D. Posillico, Inc. 100 Broad Hollow Road Farmingdale, New York 11735 Gentlemen: Returned herewith is your 5% bid bond for the Resurfacing of Sound Avenue at the Western Town Limit Project in the Town of Southold. The bid of John T. Montecalvo , Inc. in the amount of $92 ,120. 00 was accepted. Very truly yours , Judith T. Terry Southold Town Clerk Enclosure CHUBB GROUP of Insurance Companies O7 UM3 51 John F. Kennedy Parkway, Short Hills, New Jersey 07078 FEDERAL INSURANCE COMPANY BID BOND Bond No. 80922666 - H Amount $ 5% of amount bid Know All Men By These Presents, That we, J. D. Posillico, Inc. (hereinafter called the "Principal"), as Principal, and the FEDERAL INSURANCE COMPANY, 51 John F. Kennedy Parkway, Short Hills, New Jersey, a corporation duly organized under the laws of the State of New Jersey, (hereinafter called the "Surety"),as Surety,are held and firmly bound unto William R. Pell, III, Supervisor, Town of Southold (hereinafter called the "Obligee"), in the sum of five per cent of amount bid Dollars ($ 59. ), for the payment of which sum, well and truly to be made, we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this 30th day of September A. D. nineteen hundred and eighty two. WHEREAS,the Principal has submitted a bid, dated September 29th, 2 for Project No. SORT 82-01; Resurfacing of Sound Avenue at--the Western Tbwn'�imat.' NOW,THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with such bid and give bond with good ar.d sufficient surety for the faithful performance of such contract, or in the event of the failure of the Principal to enter into such contract and give such bond, if the Principal shall pay to the Obligee the difference, not to exceed the penalty hereof, between the amount specified in said bid and the amount for which the Obligee may legally contract with another party to perform the work covered by said bid, if the latter amount be in excess of the former, then this obligation shall be null and void, otherwise to remain in full force and effect. X 0. Posillico Inc. Principal By FEDERAL INSURANCE COMPANY By Evelyn Stone, At orney-in-fact And Form 15-02-02(Rev. 12-69)(Formerly 12021 F) 'Nrro R-09713(30M) Bei.. f.. FEDERAL INSURANCE COMPANY ANNUAL STATEMENT—DECEMBER 31, 1981 IN THOUSANDS OF DOLLARS STATUTORY BASIS LIABILITIES AND ASSETS SURPLUS TO POLICYHOLDERS United States Treasury Bonds......... $ 3,511 Unearned Premiums ................. $ 307,404 United States Government Secured Outstanding Losses and Claims ....... 595,824 New Housing Bonds ............... 103,219 Ceded Reinsurance Balances Payable.. 9,617 State and Municipal Bonds ........... 550,551 Other Bonds........................ 38,785 Funds Held under Reinsurance Treaties 7,743 Preferred Stocks .................... 100,565 Non-Admitted Reinsurance ........... 20,369 Common Stocks .................... 134,989 Other Liabilities..................... 103.667 TOTAL INVESTMENTS............. 931.620 TOTAL LIABILITIES................ 1.044,624 Investment in Affiliates: Great Northern Insurance Co........ 20,726 Pacific Indemnity Company......... 79,182 Chubb Life Insurance Co ........... 37,258 Bellemead Development Corp ....... 53,680 Common Stock ..................... 13,987 Other............................ 13,811 Cash .............................. 14,530 Paid-in Surplus ..................... 40,913 Net Premiums Receivable ............ 157,537 Earned Surplus ..................... 267,649 Reinsurance Recoverable on Paid Unrealized Appreciation of Investments 29.005 Losses .......................... 20,204 Other Assets ....................... 67.630 SURPLUS TO POLICYHOLDERS..... 351.554 F. TOTAL ADMITTED ASSETS ......... $ 1.396.178 TOTAL........................... .1_1.396.178 Investments are valued in accordance with requirements of the National Association of Insurance Commissioners. Investments valued at$20,920 are deposited with government authorities as required by law. A CORRECT STATEMENT: 6� Assistant S re ry or Attorney-in-Fact & kki Form 27-10.73(Rev.4-821 R-32085(50M) va "� s • 77 7-7 1/ Acknowledgment for Annexed Instrument STATE OF ss.: COUNTY OF On th' .. . ... ..da of.... .. ...................................19.o....� before me personally came................................ ............. ..... ..... ............ ' � ..who, being by me duly sworn, did depose and say that he is an Attorney-in- Fact of t e E'ER NSU ANCE COMPANY, and knows the corporate seal thereof; that the seal affixed to said annexed instrument is such corporate seal, and was thereto affixed by authority of the Power of Attorney of said Company,of which a Certified Copy is hereto attached,and that he signed said Instrument as an Attorney-in-Fact of said Company by like authority. Acknowledged and Sworn to before me My Commission Expires on the date above written. JUDITH CONDE Notary Public.Stats of Now York .................................................... "6 fied'in Nassau Owi y (Notary PUbIIC) ' Commission Expires March 30,1 Form 21-10 103(Rev.4-63) (Formarly 12085 F) ,",. • Certified Copy of +` POWER OF ATTORNEY Know all Men by these Presents, That the FEDERAL INSURANCE COMPANY, 100 William Street, New York, New York,a New Jersey Corporation,has constituted and appointed,and does hereby constitute and appoint Richard P. Drew, Regis B. 0 Jeil, Evelyn Stone and Christine V. Spaniol of Farmingdale, New York------------------------------------------------------------ each its true and lawful Attorney-in-Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf as surety thereon or otherwise, bonds of any of the following classes, to-wit: 1. Bonds and Undertakings (other than Fiduciary Bonds) filed in any suit, matter or proceeding in any Court, or filed with q any Sheriff or Magistrate, for the doing or not doing of anything specified in such Bond or Undertaking, in which the penalty of the bond or undertaking does not exceed the sum of Two Hundred Fifty Thousand Dollars($250,000.00). 2. Surety Bonds to the United States of America or any agency thereof, including those required or permitted under the laws or regulations relating to Customs or Internal Revenue; License and Permit Bonds or other indemnity bonds under the laws, ordinances or regulations of any State, City, Town, Village, Board or other body or organization, public or private; bonds to Transportation Companies, Lost Instrument bonds, Lease bonds, Workmen's Compensation bonds, Miscellaneous Surety bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public offi- cials. 3. Bonds on behalf of contractors in connection with bids, proposals or contracts. In Witness Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to its By-Laws, caused these presents to be signed by its AssistantVice-Presidentand Assistant Secretary and its corporate seal to be hereto affixed this 1st day of January 19 FEDERAL INSURANCE COMPAt4Y By Q\'�• ••�� George MCClellan W CZ ) Assis tan t Vice-Presiden t D• , yFW JE Richard D.O'Connor STATE OF NEW JERSEY Assistant Secretary ss: County of Essex 8o On this 1st day of January 19 before me personally came Richard D.O'Connor, to me known and by me known to be Assistant Secretary of the FEDERAL INSURANCE COMPANY, the Corporation described in and which executed the foregoing Power of Attorney and the said Richard D.O'Connor being by me duly sworn, did depose and say that he is As- sistant Secretary of the FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that the seal affixed to the foregoing Power of Attorney is such corporate seal and was thereto affixed by authority of the By-Laws of said Com- pany and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority;that he is acquainted with George McClellan and knows him to be Assistant Vice-President of said Company, and that the signature of said George McClellan subscribed to said Power of Attorney is in the genuine handwriting of said George McClellan and was thereto subscribed by authority of said By-Laws and in deponent's presence. Acknowledged and Sworn to before me on the date above written. 1A RY``� ROTARY IIj Notary Public PUBLIC PATRICK RYAN �f JE R�- NOTARY PUBLIC OF NE'd JERSEY My Commission Expires December 11, 19 83 Form 21.10-238(Ed. 2-78)(General) ...,,a SHORT HILLS, N.J. J} County of Essex ss. I,the undersigned,Assistant Secretary of the FEDERAL INSURANCE COMPANY,do hereby certify that the following is a true excerpt from the By-Laws of the said Company as adopted by its Board of Directors on March 11, 1953 and amended May 27, 1971 and that this By-Law is in full force and effect. "ARTICLE XVIII. Section 2. All bonds, undertakings, contracts and other instruments other than as above for and on behalf of the Company which it is authorized by law or its charter to execute,may and shall be executed in the name and on behalf of the Company either by the Chairman or the Vice-Chairman or the President or a Vice-President,jointly with the Secretary or an Assistant Secretary, under their respective designa- tions,except that any one or more officers or attorneys-in-fact designated in any resolution of the Board of Directors or the Executive Committee,or in any power of attorney executed as provided for in Section 3 below,may execute any such bond, undertaking or other obligation as provided in such resolution or power of attorney. Section 3. All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman or the Vice-Chairman or the President or a Vice-President or an Assistant Vice-President,jointly with the Secretary or an Assistant Secretary, under their respective designations." And I further certify that I have compared the foregoing copy of the POWER OF ATTORNEY with the original thereof and the same is a correct and true copy of the whole of said original Power of Attorney and that said Power of Attorney has not been revoked. And I further certify that said FEDERAL INSURANCE COMPANY is duly licensed to transact fidelity and surety business in each of the States of the United States of America. District of Columbia, Puerto Rico.and each of the Provinces of Canada with the exception of Prince Edward Island; and is also duly licensed to become sole surety on bonds, undertakings, etc., permitted or required by law. Giv under my hand and the seal of said Company at Short Hills. N.J.. this J0 day of 19 Assistant Secretary a e 1= • (Individual Principal) STATE OF ss.: COUNTY OF On this day of 19 before me personally came to me known and known by me to be the individual described in and who executed the foregoing instrument, and he duly acknowledged to me that he executed the same. Notary Public My commission expires (When Principal is a Firm) STATE OF ss..' COUNTY OF On this day of 19 before me personally came to me known and known by me to be a member of the firm of described in and which executed the foregoing instrument, and the said duly acknowledged to me that he executed the said instrument in the name of said firm and for its purposes and on its behalf. Notary Public My commission expires (When Principal is a Corporation) STATE OF ss.: COUNTY OF �o' Z.\'(- 2 � On this day of S � 191a , before me personally came )Os�R-� -� 'cess\fit ��. to me known, who being by me duly sworn, did depose and say; that he resides ins^��^�'�^^� ,N7 that he is the \cL _ of J D, Posillieo InC. the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order--o t�e Bo4rd of Directors of said corporation, and that he signed his name thereto by like order. STEPHEN T. BONGIORNO If Notary Public. NOTARY PUB �� LIC, State of New York No. 30-0350083 Qualified in Nassau County Commission Expires March 30, 195'3 My commission expires •"'H'o Form 15-10-16(Formerly 12251) p-02719 (61VI) ,,,,, Aio.,<�,.,� V � ^' . 777 Town Hall, 53095 Main Road $ , P.O. Box 728 Southold, New York 11971 JUDITH T.TERRY ` v TELEPHONE; Town CLERK (516)765-1801 REGISTRAR OP VITAL STAT ISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 10, 1982 Bimasco, Inc. 242 Rabro Drive Hauppauge, New York 11787 Gentlemen: Returned herewith is your 5% bid bond for the Resurfacing of Sound Avenue at the Western Town Limit Project in the Town of Southold. The bid of John T. Montecalvo, Inc. in the amount of $92,120.00 was accepted. Very truly yours , Judith T. Terry Southold Town Clerk Enclosure HOLZMACHER, McLENDON 8 MURRELL.P CONSULTING EMOMEENS.EMv,11OMMiNTAL SGEMT,Sri.na►IAMNEM4 ROPOSAL (CONT E D. ) -SURFACING OF SOUND AVENUE TOWN OF SOUTHOLD T THE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK ROJECT NO. SOHT 81-01 BID DATE• SEPTEMBER 30, 1982 TAL BASE BID (SUM OF ALL ITEMS EXCEPT 5A (ALT) , 5B (ALT) , 0 (ALT) , 11 (ALT) , 12 (ALT) , 51 TL (ALT) and 51 FZ (ALT) OTAL 0tC-- 4�•r1-�5- Dollars OTAL ALTERNE ID (SUM OF ALL ITEMS) OTAL //�. . . . . . . . Dollars Bids shall be based on normal seasonal working conditions without rost in the ground. It is anticipated that the Notice to Proceed will e given in October. COMPLETION DATE SHALL BE 45 CALENDAR DAYS AFTER THE NOTICE OF AWARD. LIQUIDATED DAMAGES SHALL BE $250.00 PER DAY. THE COMPLETION DATE SHALL BE CONSIDERED AS THE DATE WHEN THE PAVEMENT STRIPING OPERATIONS HAVE BEEN MPLETED. n FIRM NAME: FIRM ADDRESS: 7G:� `. . SIGNED BY TITLE: DATE: O DAY PHONE NO. q(_-94/- 3/0-7_) EVE, PHONE NO. - / 4 P-B 7 of 7 1 ' . SEABOARD SURETY COMPANY HOME OFFICE: NEW YORK, N. Y. PROPOSAL BOND 3Ktww all Stu bg t4rsr f rundo: THAT WE, BIMASCO, INC. Hauppauge, New York 11787 as principal, and SEABOARD SURETY COMPANY, a corporation under the laws of the State of New York, having its principal place of business in the City of New York, New York, as surety, are held and firmly bound unto TOWN OF SOUTHOLD as obligee,in the sum of 5% (five) of amount b i d DOLLARS, lawful money of the United States of America., for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED, sealed and dated this 30th day of September 1982 . WHEREAS, the said principal is herewith submitting its proposal for resurfacing of Sound Avenue at the western Town limit. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that if the aforesaid principal shall be awarded the contract upon said proposal and shall within the required number of days after the notice of such award enter into a contract and give bond for the faithful performance of the contract, then this obligation shall be null and void; otherwise the principal and surety will pay unto the obligee the difference in money between the amount of the bid of the said principal and the amount for which the obligee may legally contract with another party to perform the said work if the latter amount be in excess of the former; but in no event sh surety's bility exceed the penal sum hereof. BI CO INC. - SEABO SURETY COMPANY Form 136 Attorney-in-Fact Frank A. Tillotson Form 152 Corp. Ack. STATE OF ss.: COUNTY OF before me personally came On this....................... ........................... day of................. A ............................19........... .................................................... . ..... ................. ...... .......................................................................................................................... tome 4kK wn, wh ing by me duly sworn, did depose and say; that e reside§ in..............•---------------..._.......--------..... �p e�' that he is the....... .... ............................................................................................ ........... .. . ........... 'j-•'±-.1... of the............................................ . .. .. .. ...................................... ........---...................the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said cor- poration, and that he signed his name thereto by like order. WIN I IN L ANZALONE (Seal) 1<TJITE OF NEW RK 1FIED pi SUFFOLK COUNiY STATE OF NEW YORK -COUNTY OF ss.: On the..............................3...................................................day,Oth of........................ .September 82, ........ ............................... ...........in the year 19 before me personally came Frank A. Tillotson ............................................................................................................................................. ------............... ..................................... .......... to me known, who, being by me duly sworn, did deposeand say that he resides in_..................................................... ............B.riqhtw-a-ters#....... ......................... .. ..................................... N. Y.; that he is the Attorney-in-Fact of the SEABOARD SURETY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order; and the affiant did further depose and say that the Superintendent of Insurance of the State of New York, has, pursuant to Section 327 of the Insurance Law of the State of New York, issued to Seaboard Surety Company his certificate of qualification, evidencing the qualification of said Company and its sufficiency under any law of the State of New York as surety and guarantor, and the propriety of accepting and approving it as such; and that such certificate has not been revoked. ............... Notary................................. U'�"11:'C- Yic Ful-111 sf;ll RAYMOND G. TERRY NOWY Public.State of New York "'o. 52-3954800.Suffolk Cou Commission Expires March 30. I 71'.-71 ; SEABOARD SURETY COMPANY • HOME OFFICE: NEW YORK, N.Y. FINANCIAL STATEMENT—DECEMBER 31, 1981 ASSETS LIABILITIES *Stocks and Bonds . . . $89,149,751.40 Reserve for Unearned Premiums $21,839,990.00 Cash in Office & Banks . . 142,175.90 Claim Reserves . . . . . . . 10,938,937.00 Accrued Interest&Dividends 1,493,389.54 Other Reserves . . . . . . 12,944,262.20 Outstanding Premiums . . 2,878,318.47 Capital Stock . . . . . . . . 2,500,000.00 Accounts Receivable . . . 1,493,339.12 Surplus . . . . . . . . . . 46,933,785.23 Total Admitted Assets . $95,156,974.43 Total Liabilities . . . . . $95,156,974.43 • Bonds and stocks are valued on basis approved by National Association of Insurance Commissioners. Securities carried at$5,743,642.21 in the above statement are deposited for the purpose required by law. STATE OF NEW YORK COUNTY OF NEW YORK ss.: I, R. P. SCAGLIONE, President of SEABOARD SURETY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the Financial Statement of said Company, as of December 31, 1981. IN WITNESS WHEREOF, I have signed this statement at New York, New York, this .....3 0th. day of September ....................................................................................... 19..8�. SURET%'"'+ O ...•...,,,C +.s as{ •o. �t 1927 Vii= President Revised Form 1S7 Certified Copy `►i t(7ARI� LiRI.TZ' C(>�II'.1N�' NO. 8188 NEW YORK, NEW YORK POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY CO\IPANY, a corporation of t-ee State of New York, has made, constituted and appointed and by these presents does make, constitute and appoint Raymond G . Terry or Frank A. Tillotson or Robert B. Ferguson------------------------------- of Bayshore, New York its true and Iwwful Attorney-in-Fact, to make, execute and deliver on its behalf insurance policies, surety bonds, under- takings and other instruments of similar nature as follows: Vithout Limitations . Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the afor esaic Attorney-in-Fact, shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized o;ricers of the Company and sealed with its corporate sea]; and all the acts of said Attorney-in Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. This appointment is made pursuant to the following By-Lays which were duly adopted by the Board of Directors of the said Com- pany on December Sth• 1927. with amendments to and including January 15, 1982 and are still in full force and effect: ARTICLE VII, SECTION 1: "Policies, bonds, recognizances, stipulations, consents of surety, underwriting undertakings and instruments relating thereto. Insurance policies, bonds, recognizances, stipulations, consents of surety and underwriting undertakings of the Company• and releases, agreemtnts and other writings relating in any sway thereto or to any claim or loss thereunder, shall be signed in the name and on behalf of the Company (a) by the Chairman of the Board, the President, a Vice President or a Resident Vice President and by the Secretary, an Assistant ecretary. a Resident Secretary or a Resident Assistant Secretary;or (b) by an Attorney-in-Fact for the Company appointed and authorized by --e Chair- man of the Board, the President or a Vice President to make such signature; or (c) by such other officers or representatives as the Board may from time to time determine. The seal of the Company shall if appropriate be affixed thereto by any such officer, Attorney-in-Fact or representative." IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of its Vice- Presidents, and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries, this ..2.S.t:I.......... day of ...........Oo.tob.er...................... 19.....7..9 Attest: SEABOARD SURETY COMPANY, (SSeal Marc�aret...Scofield By Thomas P. Gorke eal) .. T ................................................................... .................. Assistant Secretary Vice-President STATE OF NE\V YORK COUNTY OF \'EW YORK �ss.: On this ........25.. ..t.h day of October ..., 19...79.... before me personally a�7eared ............................................................ ............................ ........................Thoma s...P' ...(`arke........................................................ a Vice-President of SEABOARD SUR&T1" OSI:_�\ wwho,whom I am personally acquainted• ho, being by me duly sworn, said that he resides in the State of ...........Werse,,r that he is a Vice-President of SEABOARD SURETY CO.IIPANY, the corporation described in and which executed t fore going instrument; that he knows the corporate seal of the said Company; that the seal affixed to said instrument is such cog Borate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto a_ Vice- President of said Company by like authority. State of New York No. 41-7493475 Qualified in Queens County Certificate filed in New York County (Seal) Commission Expires March 30, 1984 Anita 'J. Leonard ............................................................................................ C E R T I F I C A T E Notary Puhiic I, the undersigned Assistant Secretary of SEABOARD SURETY COMPANY do hereby certify that the original Potter of Attorney e' the foregoing i, a full, true and correct copy, is in full force and effect un the (late of this Certificate and I do further certify that the vice Prc>:_ent tvho executed the said Potter of -\ttorrey teas one of the Officers authorized by the Board of Directors to appoint an IIattorney-in-fact as Article V . Section 1, of the 133-Laths of SEABOARD SURETY COMPANY' This Certificate may he signed and sealed by facsimile under and by autho.rity of the follotcing resolution of the Board of Directors c SEA- BOARD SURETY COMPANY at a meeting dilly calle(l ;uul held on the 28th clay of lune 1978. "RESOLVED: (') That the use of a printed facsimile of the corporate seal of the cnmpany and of the signature of an Asci,tart Se_-.•any on any certification of the correctne,, of a c„py of an instrttment exe•cutecl b% the Presidcnt or a \•ice-President pursuant to Article VE 1, of the Ily-Laths appointing and ;utthorizin.e; an attorney-in-fact to sign in the name and on behali of the company surety hoed<. ur`- undertakingsm or other strunu'nts de>crihed in s;tid :\rticle \'II, Section 1, %%.itlt alike effect as if such seal and such signature had Leer. affixed and trade, hcrcby a :utthorizc•d and approwerl.” IN WITNESS WHEREOF, i have herrunto set my hand and affixed the corporate seal of the Company to these preser.:c this ...........................39th......... da of tember 82 } Sed?....................................................... 19.......... Qo et!ner} . 1927 ............................... ..... Y rw Assistant Sec :tart Form. 37 :y._. c..• 7S 3 9 Y -� Town Hall, 53095 Main Road r P.O. Box 728 Southold, New York 11971 JUDITH T.TERRY TELEPHONE TELEPHONE TowvN CLERK (516)765-1801 REGISTRAR or VITAL ST,%EISriCS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 10, 1982 Lizza Industries, Inc. P. 0. Box 325 - 15 Remsen Avenue Roslyn, New York 11576 Gentlemen: Returned herewith is your 5% bid bond for the Resurfacing of Sound Avenue at the Western Town Limit Project in the Town of Southold. The bid of John T. Montecalvo, Inc. in the amount of $92,120. 00 was accepted. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure .r HOLZMACHER, McLENDON&MURRELL.Pe t CONSULTING ENGINEERS.ENVIRONMENTAL SGENTISTS-d PLANNERS , SAL (CONT' D. ) ;RFACING OF SOUND AVENUE TOWN OF SOUTHOLD :':iE WESTERN TOWN LIMIT SOUTHOLD, NEW YORK .- ECT NO. SOHT 81-01 BID DATE: SEPTEMBER 30, 1982 ^AL BASE BID (SUM OF ALL ITEMS EXCEPT 5A (ALT) , 5B (ALT) , (ALT) , 11 (ALT) , 12 (ALT) , 51 TL (ALT) and 51 FZ (ALT) TAL . . . . � :- . . . . . . . . . . . . . . . . . . . . . ($ �faG$'.aG► ) Dollars TAL ALTERNATE BID (SUM PF A L ITEMS) TAL . 02"A�� f� . � tDollars r Bids shall be based on normal seasonal working conditions without rost in the ground. It is anticipated that the Notice to Proceed will I e given in October. COMPLETION DATE SHALL BE 45 CALENDAR DAYS AFTER THE NOTICE OF WARD. LIQUIDATED DAMAGES SHALL BE $250 . 00 PER DAY. THE COMPLETION ATE SHALL BE CONSIDERED AS THE DATE WHEN THE PAVEMENT STRIPING PERATIONS HAVE BEEN COMPLETED. IRM NAME: 1 \'ZZLj'- --�- `�S .�G`� a Z'nC - IRM ADDRES As- IGNED BY: ITLE: DATE: 1 AY PHONE NO. EVE, PHONE NO. "?5�- agc'-1 � I b ' P-B 7 of 7 r i • a CHUBB GROUP of Insurance Companies i C;HU 3t3 51 John F. Kennedy Parkway, Short Hills, New Jersey 07078 FEDERAL INSURANCE COMPANY BID BOND Bond No. 8092-24-62A Amount $ 5% of total _ Know All Men By These Presents, amount bid Thatwe, LIZZA INDUSTRIES, INC. P.O. Box 325 - 15 Remsen Avenue Roslyn, New York 11576 (hereinafter called the "Principal"), as Principal, and the FEDERAL INSURANCE COMPANY, 51 John F. Kennedy Parkway, Short Hills, New Jersey, a corporation duly organized under the laws of the State of New Jersey, (hereinafter called the "Surety"),as Surety,are held and firmly bound unto Town of Southold (hereinafter called the "Obligee"), in the sum of 5% of total amount bid ------------------------------------------Dollars ($ ------�, for the payment of which sum, well and truly to be made, we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this 24th day of September A. D. nineteen hundred and eighty two. WHEREAS,the Principal has submitted a bid, dated September 30th, 19 82 for Resurfacing of Sound Avenue at western town limit -- Pro3ect No. SOHT 81-01 ' NOW,THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with such bid and give bond with good and sufficient surety for the faithful performance of such contract, or in the event of the failure of the Principal to enter into such contract and give such bond, if the Principal shall pay to the Obligee the difference, not to exceed the penalty hereof, between the amount specified in said bid and the amount for which the Obligee may legally contract with another party to perform the work covered by said bid, if the latter amount be in excess of the former,then this obligation shall be null and void,otherwise to remain in full force and effect. LIZZA INDUSTRIES INC. Princi al B W� Assistant Secr tar DERAIL INSURANCE COMPANY CD44 (/f � FRANCESCA P. GROSS Attorney-in-fact An Form 15.02.02(Rev. 12-69)(Formerly 12021 F) R-28527(20M) •"'"„`° u.°.r t FEDERAL INSURANCE COMPANY ANNUAL STATEMENT—DECEMBER 31, 1981 IN THOUSANDS OF DOLLARS STATUTORY BASIS LIABILITIES AND ASSETS SURPLUS TO POLICYHOLDERS United States Treasury Bonds......... $ 3,511 Unearned Premiums ................. $- 307,404 United States Government Secured Outstanding Losses and Claims ....... 595,824 New Housing Bonds ............... 103,219 State and Municipal Bonds ........... 550,551 Ceded Reinsurance Balances Payable.. 9,617 Other Bonds........................ 38,785 Funds Held under Reinsurance Treaties 7,743 Preferred Stocks .................... 100,565 Non-Admitted Reinsurance ........... 20,369 Common Stocks .................... 134,989 Other Liabilities..................... 103,667 TOTAL INVESTMENTS ............. 931,620 TOTAL LIABILITIES................ 1,044,624 Investment in Affiliates: Great Northern Insurance Co........ 20,726 ' Pacific Indemnity Company......... 79,182 Chubb Life Insurance Co ........... 37,258 Bellmead Development Corp ........ 53,680 Common Stock ..................... 13,987 Other............................ 13,811 Cash .......................... .... 14,530 Paid-in Surplus ..................... 40,913 Net Premiums Receivable ............ 157,537 Earned Surplus ..................... 267,649 Reinsurance Recoverable on Paid Unrealized Appreciation of Investments 29.005 Losses .......................... 20,204 Other Assets ................... .... 67,630 SURPLUS TO POLICYHOLDERS ..... 351,554 TOTAL ADMITTED ASSETS ......... $ 1,396,178 TOTAL........................... $ 1,396,178 ♦4l"� Investments are valued in accordance with requirements of the National Association of Insurance Commissioners. Investments valued at$20,920 are deposited with government authorities as required by law. State, County & City of New York, — ss: Richard Hight , Assistant Secretary of the Federal Insurance Company being duly sworn, deposes and says that the foregoing statement of the Assets and Liabilities of said Federal Insurance Company on December 31, 1981 is true and correct and is a true abstract of the Statements of Assets and Liabilities of said Company as filed with the Secretary of the Treasury of the United States for the 12 months ending December 31, 1981. Subscribed and sworn to before me this 1st day of April, 1982. Assi tant Secretary �y2 -C,IiV DORIS F.VILLEGAS NOTARY PUBLIC State of New York uLf No.011114612079 �- Notary Public Oualified in Putnam County y Certificate Filed in New York County Commission Expires March 30,19113 Certified Copy of POWER OF ATTORNEY Know all Men by these Presents, That the FEDERAL INSURANCE COMPANY, 100 William Street, New York, New York,a New Jersey Corporation, has constituted and appointed,and does hereby constitute and appoint George Seiferman, Lionel M. Goldberg, Francesca P. Grossman and David G. McAllan of Melville, New York---------------------------------------------------------- each its true and lawful Attorney-in-Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf as surety thereon or otherwise, bonds of any of the following classes, to-wit: 1. Bonds and Undertakings (other than Fiduciary Bonds) filed in any suit, matter or proceeding in any Court, or filed with any Sheriff or Magistrate, for the doing or not doing of anything specified in such Bond or Undertaking, in which the penalty of the bond or undertaking does not exceed the sum of Two Hundred Fifty Thousand Dollars ($250,000.00). 2. Surety Bonds to the United States of America or any agency thereof, including those required or permitted under the laws or regulations relating to Customs or Internal Revenue; License and Permit Bonds or other indemnity bonds under the laws, ordinances or regulations of any State, City, Town, Village, Board or other body or organization, public or private; bonds to Transportation Companies, Lost Instrument bonds, Lease bonds, Workmen's Compensation bonds, Miscellaneous Surety bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public offi- cials. 3. Bonds on behalf of contractors in connection with bids, proposals or contracts. In Witness Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to its By-Laws,caused these presents to be signed by its Assistant Vice-President and Assistant Secretary and its corporate seal to be hereto affixed this 1st day of January 19 81. FEDERAL INSURANCE COMPANY . .t By r-. W�t George McClellan Assistant Vice-President yFW JE Richard D.O'Connor Assistant Secretary STATE OF NEW JERSEY ss: County of Essex On this 1st day of January 19 al before me personally came Richard D. O'Connor, to me known and by me known to be Assistant Secretary of the FEDERAL INSURANCE COMPANY, the Corporation described in and which executed the foregoing Power of Attorney and the said Richard D. O'Connor being by me duly sworn, did depose and say that he is As- sistant Secretary of the FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that the seal affixed to the foregoing Power of Attorney is such corporate seal and was thereto affixed by authority of the By-Laws of said Com- pany and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority;that he is acquainted with George McClellan and knows him to be Assistant Vice-President of said Company, and that the signature of said George McClellan subscribed to said Power of Attorney is in the genuine handwriting of said George McClellan and was thereto subscribed by authority of said By-Laws and in deponent's presence. Acknowledged and Sworn to before me ,'✓�,I Ate` on the date above written. ROTARY � Notary Public PUBLIC PATRICK RYAN \� RS" NOTARY PUBLIC OF NEIN JERSEY 1 jf My Commission Expires December 11, 19 83 Form 21-10.238(Ed.2-78)(General) w�ao v.a.. 1' SHORT HILLS, N.J. )} County of Essex ss. I,the undersigned,Assistant Secretary of the FEDERAL INSURANCE COMPANY,do hereby certify that the following is a true excerpt from the By-Laws of the said Company as adopted by its Board of Directors on March 11, 1953 and amended May 27, 1971 and that this By-Law is in full force and effect. "ARTICLE XVIII. Section 2. All bonds, undertakings, contracts and other instruments other than as above for and on behalf of the Company which it is authorized by law or its charter to execute,may and shall be executed in the name and on behalf of the Company either by the Chairman or the Vice-Chairman or the President or a Vice-President,jointly with the Secretary or an Assistant Secretary, under their respective designa- tions,except that any one or more officers or attorneys-in-fact designated in any resolution of the Board of Directors or the Executive Committee,or in any power of attorney executed as provided for in Section 3 below, may execute any such bond, undertaking or other obligation as provided in such resolution or Power of attorney. Section 3. All powers of attorney for and on behalf of the Company may and shall be executed in the narne and on behalf of the Company,either by the Chairman or the Vice-Chairman or the President or a Vice-President or an Assistant Vice-President,jointly with the Secretary or an Assistant Secretary,under their respective designations." And I further certify that I have compared the foregoing copy of the POWER OF ATTORNEY with the original thereof and the same is a correct and true copy of the whole of said original Power of Attorney and that said Power of Attorney has not been revoked. And I further certify that said FEDERAL INSURANCE COMPANY is duly licensed to transact fidelity and surety business in each of the States of the United States of America, District of Columbia. Puerto Rico,and each of the Provinces of Canada with the exception of Prince Edward Island; and is also duly licensed to become sole surety on bonds, undertakings,etc., permitted or required by law. Given under my hand and the seal of said Company at Short Hills. N.J., this 24th day of September 82 19 Assistant Secretary SURETY ACKNOWLEDGEMENT STA.Tf OF New York SS: COUNTY OF Suffolk On ti'i;s 24th day of September — ;n the 19 82 Y before me personally come ancesP. Grossman year to me known, who being by me duly sworn, did depose and say that he resides in Melville , New York ; that he is the attorney-in-fact of Federal Insurance Company the corporation described in and which executed the above instrument; that he knows the seal of-said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order o'f the Board of Directors of said corporation,,and that he signed his name thereto by like order: - - I �351BE$G l - -- NOTARY PU-13LIC STAMP Otir�_ lc"tiC, `J_aie-aNew YorX -No.-30-4726343 -- 1 Qualified in-Nassau buntp t.30, 19 - = VOTARY NOT _ r _ orl' PUBLIC -- INMIDUAL— PfiINCIPAC STATE OF SS: COUNTY OF t On this _ day of 19 , before me, the undersigned person- r ally come and appeared to me personally known and known to me t be the individual described in and who executed the foregoing in - executed and duly acknowledged to me that executed the some. NOTARY PUeLIC STAMP NOTARY PUBLIC CORPORATION - PRINCIPAL. STATE OF New .York - SS: �OUNTY OF Nassau Dn this 27th do of September 82 Eleanor Siperowitz Y ' 19 before me come •o me known, who, being by me duly sworn, did depose and say that he resides at 17 NathanHale Dr - Huntington_"NY– hotheis Asst- SPr ary of LIZZA INDUSTRIES, iNU. he corporation described in and which executed the foregoing instrument as principal; that he knows the seal of said -orporotion;. that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board 4 Directors of said corporation, and that he signed his name thereto by like order.. �--y PUSL$C STAMP ' ,rlT77i_Lir_ Notary Pub!" S ^to .:,f ,'ew York - Oua{ified !a !dassv:,t Coun�/ � mission E:: rtas iwlar-,h 3J ,H - NOTARY PUBLIC ARTNERSHIP - PRINCIPAL TATE OF SS: OUNTY OF In this day of -- , 19 , before me personally come to me personally known, and known to me to be a member of the firm of —_and known to me to be the individual described in and who executed Ic foregoing instrument in the firm name of _ > me that he executed the some for the uses and and he duly acknowledged purposes therein mentioned. JT ARr VUPI.IC STAMP NOTARY PUBLIC JTARIAL ACKNOWLEDGEMENT FORM — --_------ --_-=�_--' _ -- --- _------------ — _- . 1 HOLZMACHER, McLENDON and MURRELL, P.C. • CONSULTING ENGINEERS, ENVIRONMENTAL SCIENTISTS and PLANNERS 125 BAYLIS ROAD,SUITE 140, MELVILLE, N.Y. 11747 • 516-752-9060 October 26 , 1982 r Supervisor William R. Pell,; -II & The Town Board Town of Southold Town Hall Main Road Southold, NY 11971 Re: Town of Southold Resurfacing of Sound Avenue SOHT 81-01 Gentlemen: Pursuant to our discussion at the Town Board work session meeting on October 19 , 1982 , we have contacted the low bidder on the above- referenced project, John T. Montecalvo, Inc. Our purpose in contacting this firm was to determine whether the contractor would be willing to hold the bid prices so that the Sound Avenue resurfacing would be accomplished in the spring of 1983. We contacted the contractor by telephone, Mr. Ronald Montecalvo indicated that he would be willing to hold the bid prices. We then confirmed this agreement in writing and enclose herewith a copy of our October 19 , 1982 letter to the Montecalvo firm on which John T. Montecalvo agrees to hold the bid prices . In summary, we therefore, recommend award of the resurfacing contract to John T. Montecalvo, Inc. , Center Moriches, New York, in the amount of $92, 120 . Please have the Town Clerk forward us a copy of the resolution when this is accomplished. If you have any further questions con- cerning this matter, please do not hesitate to contact our office. very truly yours, HOLZMACHER, McLEND N & MURRELL, P.C. Donald A. Sioss, P.E. DAS/dh cc: Raymond C. Dean, Supt. of Hwys. Judith T. Terry, Town Clerk Robert Tasker, Esq. Melville,New York•Farmingdale,New York•Riverhead,New York 1 � Ci'Dy75+ HOLZMACHER,McLENDON and MURRELL,P.C. •CONSULTING ENGINEERS,ENVIRONMENTAL SCIENTISTS and PLANNERS fC October 19 , 1982 John T. Montecalvo, Inc. 48 Railroad Avenue Center Moriches, NY 11934 Re : Town of Southold Resurfacing of Sound Ave. SOHT 81-01 Gentlemen: We are writing to you herein to confirm our telephone conversation of this date regarding the above-referenced project. More specifically, due to the lateness in the year, we have recommended that the paving at Sound Avenue be postponed until the spring. This will enable adequate settlement to take place of the drainage trenches and exca- vations and proper (warm) weather conditions. It is anticipated that the Notice to Proceed will be issued in late March of 1983. Completion will then be within 45 days. You have indicated that your firm will hold its bid prices of September 30, 1982 , and perform the resurfacing work in the spring of 1983 . Please so indicate this below and return one copy of this letter to our office as early as possible. Very truly yours , HOL MACHER, Mc E N & MURRELL, P .C. Donald A. Sioss, P.E. DAS :deh .Acceptance to hold bid prices : C! JUT. Montecalvo, Inc. t A W HOLZMACHER,McLENDON and MURRELL,P.C. •CONSULTING ENGINEERS,ENVIRONMENTAL SCIENTISTS and PLANNERS 209 WEST MAIN STREET, RIVERHEAD, N.Y. 11901 • 516-727-3480 RECEIVED November 4 , 1982 Town of Southold Town 0c-< Town Hall Main Road Southold, NY 11971 Re : Town of Southold Resurfacing Sound Avenue At Western Town Limit SOHT 81-01 Bid Date : Sept. 30 , 1982 Gentlemen: The following low-bidder is entitled to a full refund of their deposit of Twenty-Five Dollars ($25 . 00) : John T. Montecalvo, Inc. 48 Railroad Avenue Center Moriches, NY 11934 The following bidders returned specifications, however the bid deposit will not be refunded unless a complete set of plans was returned directly to the Southold Town Hall : Lizza Industries, Inc. J.D. Posillico, Inc. 15 Remsen Avenue 100 Broad Hollow Road Roslyn, NY 11576 IV Farmingdale, NY 11735 The following non-bidder did not return plans and specifications , therefore, the bid deposit will not be refunded unless a complete set was returned directly to the Town of Southold: /� Pratt & Pratt, Inc. 4,/ P .O. Box 374 C 608 Union Ave. � ) Holtsville, NY 11742 b Very truly yours, HOLZMACHER, McLENDON & MURRELL, P .C. 'j "I ' Denise E. Holohan, Bookkeeper DEH Melville,New York • Farmingdale,New York • Riverhead,New York HOLZMACHER,McLENDON and MURRELL,P.C. •CONSULTING ENGINEERS,ENVIRONMENTAL SCIENTISTS and PLANNERS 209 WEST MAIN STREET, RIVERHEAD, N.Y. 11901 • 516-727-3480 November 4 , 1982 RECEIVED Town of Southold 140V 51982 Town Hall Main Road Town Clerk Southold Southold, NY 11971 Re: Town of Southold Resurfacing of Sound Avenue At Western Town Limit SOHT 81-01 Bid Date : Sept. 30 , 1982 Gentlemen: Enclosed herewith are checks made payable to the Town of Southold covering a deposit for Twenty-Five Dollars ($25 . 00) for plans and specifications by the following: . John T. Montecalvo Inc. ' Pratt & Pratt Inc.,Q 48 Railroad Avenue P.O. Box 374 (� � 0 Center Moriches, NY 11934 608 Union Avenue Check #17552 $25 . 00 Holtsville , NY 11742 Check #3046 $25 . 00 J. D. Posillico, Inc. �J Lizza Industries, Inc. 100 Broad Hollow Road 15 Remsen Avenue � Farmingdale, NY 11735 Roslyn, NY 11576 Check #498 $25. 00 Check #17167 $25 . 00 Very truly yours, HOLZMACHER, McLENDON & MURRELL, P .C. Denise E. Holohan, Bookkeeper DEH encs. Melville,New York • Farmingdale,New York • Riverhead,New York HOLZMACHER, McLENDON and MURRELL, P.C. •CONSULTING ENGINEERS, ENVIRONMENTAL SCIENTISTS and PLANNERS 125 BAYLIS ROAD,SUITE 140, MELVILLE, N.Y. 11747• 516.752.9080 RECEIVED October 26 , 1982 Town Clerk Southold Supervisor William R. Pell, III & The Town Board Town of Southold Town Hall Main Road Southold, NY 11971 Re: Town of Southold Resurfacing of Sound Avenue SOHT 81-01 Gentlemen: Pursuant to our discussion at the Town Board work session meeting on October 19 , 1982 , we have contacted the low bidder on the above- referenced project, John T. Montecalvo, Inc. Our purpose in contacting this firm was to determine whether the contractor would be willing to hold the bid prices so that the Sound Avenue resurfacing would be accomplished in the spring of 1983. We contacted the contractor by telephone, Mr. Ronald Montecalvo indicated that he would be willing to hold the bid prices. We then confirmed this agreement in writing and enclose herewith a copy of our October 19 , 1982 letter to the Montecalvo firm on which John T. Montecalvo agrees to hold the bid prices.. in summary, we therefore, recommend award of the resurfacing contract to John T. Montecalvo, Inc. , Center Moriches, New York, in the amount of $92 ,120 . Please have the Town Clerk forward us a copy of the resolution when this is accomplished. If you have any further questions con- cerning this matter, please do not hesitate to contact our office. Very truly yours, HOLZMACHER, WMcLENIDO & MURRELL, P.C. Donald. A. loss, P.E. DAS/dh cc: Raymond C. Dean, Supt. of Hwys. Judith T. Terry, Town Clerk Robert Tasker, Esq. Melville,New York•Farmingdale,New York•Riverhead,New Yak rE :., HOLZMACHER,McLENDON and MURRELL,P.C. •CONSULTING ENGINEERS,ENVIRONMENTAL SCIENTISTS and PLANNERS RECEIVED. .'c October 19 , 1982 Town Clerk Southold - John T. Montecalvo, Inc. 48 Railroad Avenue Center Moriches, NY 11934 Re : Town of Southold Resurfacing of Sound Ave. SOHT 81-01 Gentlemen: We are writing to you herein to confirm our telephone conversation of this date regarding the above-referenced project. More specifically, due to the lateness in the year, we have recommended that the paving at Sound Avenue be postponed until the spring. This will enable adequate settlement to take place of the drainage trenches and exca- vations and proper (warm) weather conditions. It is anticipated that the Notice to Proceed will be issued in late March of 1983. Completion will then be within 45 days. You have indicated that your firm will hold its bid prices of September 30, 1982 , and perform the resurfacing work in the spring of 1983. Please so indicate this below and return one copy of this letter to our office as early as possible. Very truly yours, HOL MACHER, Mc E N & MURRELL, P.C. Donald A. Sioss, P.E. DAS :deh Acceptance to hold bid prices : J U T. Montecalvo, Inc. .f RECEIVED 1982 1HZ4 Town Clerk Southold HOLZMACHER, McLENDON and MURRELL, P.C. a CONSULTING ENGINEERS, ENVIRONMENTAL SCIENTISTS and PLANNERS 125 BAYLIS ROAD, SUITE 140, MELVILLE, N.Y. 11747 a 516-752-9080 October 15, 1982 Supervisor William R. Pell, III and Town Board Town of Southold Town Hall Main Road Southold, New York 11971 Re: Town of Southold Resurfacing of Sound Avenue SOHT 81-01 Gentlemen: On September 30, 1982, public bids were received on the above-referenced project. We enclose herewith a copy of the detailed bid tabulation for your review. The lowest respon- sible bidder was J.T. Montecalvo, Inc. of Center Moriches. We have checked the references supplied by J.T. Montecalvo, and determined that the firm has performed numerous projects of a similar nature for other Towns in Suffolk County. The knowledgeable individuals in the various towns have indicated that Montecalvors work is quite satisfactory. In addition, since they will be supplying their own asphalt, we have also determined that their plant is approved by both the New York State Department of Transportation and the Suffolk County Department of Public Works (SCDPW) . We have also been asked whether an alternate would be feasible, to utilize the annual SCDPW bids for this project. While this would be permissible, it is not feasible, for the following reasons: 1. The SCDPW bids do not include any base course asphalt of the type specified. This would have to be bid separately by the Town, involving additional cost. 2. The SCDPW bids do not include any truing and level- ing asphalt which would also have to be bid sepa- rately by the Town, involving additional cost. Melville,New York•Farmingdale,New York•Riverhead,New York Supervisor William R. Pell, III October 15, 1982 and Town Board Page Two Town of Southold 3. There is insufficient time to rebid the base course and truing and leveling work. 4. If the project were rebid on the base asphalt and truing and leveling asphalt and SCDPW bids used for the wearing course, it is conceivable that two contractors might end up performing the work. If there were any deficiencies in the work, it would be extremely difficult to fix liability, since both contractors would claim that the other ' s work was at fault. In summary, we find that the most cost-effective and expedient method to complete the resurfacing project is to award this contract as bid. Furthermore, since we have found the low bidder to be a responsible contractor, capable of performing the work, we recommend award of this contract to: J.T. Montecalvo, Inc. Center Moriches, New York in the amount of: $92, 120. 00. This amount, the total bid, is lesser than the alternate bid and is within the funds budgeted under the New York State Transportation Bond. Naturally, the alternate bid ($162, 690. 00) would accomplish further paving, but would, of course, require the appropriation of additional funds. Pursuant to Mr. Dean' s request, we will meet with you to further discuss this project on Tuesday, October 19, 1982. Very truly yours, HOLZMACHER, MC ENDN & MURRELL, P.C. I Donald A. oss, P.E. DAS/pec Enclosure cc: Raymond Dean, Highway Superintendent Judith Terry, Town Clerk Robert Tasker, Esq. J.T. Montecalvo, Inc. ■ 2M NOUMACHEK McIENDON&MUMEU,P.C. TOWN OF SOUTHOLD Bimasco, Inc. Muirfield Cont. RESURFACING OF SOUND ANIE. AT k'E�.L T^vYV'iV LIMIT Inc. SOHT 81-01 Hauppauge, NY Garden City, NY BID DATE: SEPTEMBER 30, 1982 (Page 2 of 2) UNIT TOTAL ---O%T TOTAL UNIT T DESCRIPTION UANTITY 5A Remove & Repl. Temp. Paving w 1 " B.C. Asp.on 6" Base C. - Asp. $21.50 $ 4515.00 $43.00 $9030.00 ** 5A Remove & Repl. Temp. Paving w/ 1 " B.C. Asp.on 6" Base C. Asp. 110 S.Y. 20.50 2255.00 5B Remove Exist.Pvmt. & Repl. w/ 13 " B.C. Asp. on 6" Base C. Asp. 110 S.Y. 45.00 4950.00 " 5B Remove Exist. Pvmt. & Repl. w/lY' P B.C.Asp. on 6" Base C.Asp. 490 S.Y. 20.50 10045.00 45.00 22050.00 1 10 Maintenance & Traffic Protection -11imp Sum L.S. 7000.00 L.S. 1000.00 U ** 10 Maintenance & Traffic Protection Lump Sum L.S. 1000.00 L.S. 0 ~' 11 Tack Coat 1300 Gal. 1.72 2236.00 2.00 2600.00 `a U) H ** 11 Tack Coat 700 Gal. 1.72 1204.00 2,00 1400,00c 12 4" Wide Thermoplastic Refl.Pvmt. Mark 8500 L.F. .95 8075.00 .48 4080.00 ** 12 4" Wide Thermoplastic Refl.Pvmt. Mark 4500 L.F. .50 2250.00 -AR, 2160.00 * 14A Additional Excavation 5 C.Y. 2.00 10.00 10.00 50.00 txi * 14B Additional Backfill 15 C.Y. 2.00 30.00 10.00 150.00 04 x * 14C Rock Excavation 5 C.Y. 3.00 15.00 N rrINya 51T F. & Pl:• Truing' &Levl. Asp.Con.SCDPW 1100 Ton 42.50 46750.00 50.80 55880.00 .. rt � * 51T F. & Pl. Truing &Levi. Asp.Con.SCDPW 800 Ton 39.00 31200.00 50.80 40640.00 51F F. & P1. Wear.Course Asp. Conc.Resur. 700Ton 43.50 30450.00 50.80 35560.00 ** 42.001 16800.00 51F F. & P1-6- Wear.Course Asp. Conc.Re sur 400 Ton 50.80 20320.00 H * Contingency Item r-4 -P 4° ** Optional Item May Not Be Awarded By Town o •c OTAL BID (SUM OF ALL EXCEPT `A ` LT ' l2(ALT , '51TL T & $1010,446.00 $113,315.00 •• . .. T. TOTAL BID (SUM OF ALL ITEMS) 51FZ (ALT) $166,200.00 $205,115.00 I PLANS & SPECIFICATIONS RETURNED SPECS SPECS '112 .4 WKZMACHER McLENDON&MURRELL.P.C. A T nnER R T DEER n T DDF.R • TOWN OF SOUTHOLD J.T. Nbntecalvo,+! Rason Asphalt Lizza �ust'ies J.D. Posillico RESURFACING OF SOUND AVE. AT WESTERN TOWN LIMIT SORT 81-01 C. Moriches. Porgy Jeff. NY ]Roslyn, NY Melville, NY BID DATE: SEPTEMBER 30, 1982 (Page 1 of 2) CERT. CHECK BB 5$ 1 BB 5$ TOTAL UffIT TOTAL -rNTT- PWA UNIT Cj_ rN T TOTS I T DESCRIPTION UANTITY JARemove & Repl. Temp. Pavingw 1 ' ° B.C. Asp.on 6" Base C. -Asp. 38.00 $ 7980.00 26.00, $ 5460.00 $ 34.0 $ 6300.0 $55.00 $11550.00 ** 5A Remove & Repl. Temp. Pavingw 1� B.C. Asp.on 6" Base C., 'Asp. 110 S .Y. 38.00 4180.00 26.00 2860.0 40.00 4400.00' 5B Remove Exist.Pvmt. & Repl. w/ 1V B.C. Asp. on 6 Base C. Asp. 110 S.Y. 38.00 4180.00 26.00 2860.00 40.00 4400.00 55.00 6050.00 *+ . 58 Remove Exist. Pvmt. & Repl. w/1k" B.C.Asp. on 6" Base C.Asp. 490 S .Y. 30.00 14700.00 26.00 12740.00 30.00 14700.00 40.00 19600.00 L.S. 8637.00 L.S. 17600.00 L.S. 6000.00 & Traffic Protection Lump Sum L.S. 1500.00 �*'aintenance & Traffic Protection Lump Sum L.S. 500.00 L.S. 5576.00 L.S. 2500.00 L.S. 1000.00 1 Tack Coat 1300 Gal. 2.20 2860.00. 2.60 3380.00 .0 13.00 .01 13.00 ** 700 Gal. 2.60 1820.00 .0 7.00 .01 7.00 11 Tack Coat .40 3400.00 12 4" Wide Thermoplastic Refl.Pvmt. Mark 8500 L.F. .70 5950.00 0 ** 12 4" Wide Thermoplastic Refl.Pvmt. Mark 4500 L.F. .50 2250 00 .40 1800.00 * ' A Ad--:' ti anal Excavation 5 C.Y. 10.00 50.00 50.00 10.00 50.00 * 14B Additional Backfill 15 C.Y. 10.00 150.00 10.001 150.00 10, 150.0010-001 150.00 * 14C Rock Excavation 5 C .Y 10.00 50.00 50.001 250.00 51T4 F. & P 1. Truing• &Lev 1. Asp.Con.SCDPW 1100 39.50 43450.00 4.0 37400.00 37400.00 40.00 44000.00 ** 51T F. & P1. Truing &Leel. Asp.Con.SCDPW 800 Ton 39.50 31600.00 34.0 27200.00 34.0 27200.00 38.00 30400.00 S1F F. & P1. Wear.Course Asp. Conc .Resur. 700 Ton 39.50 27650.00 46.0 32200.00 42.0 29400.00 40.00 28000.00 ** 5lF F. & P1: Wear.Course Asp. Conc.Resur 400 Ton 39.50 15800.00 46.0 18400.00 38.0 15200.00 38.00 15200.00 * Contingency Item ** Optional Item May Not Be Awarded By Town OTAL BID (SLi+I OF ALL EXCEPT 5A ALT , 5B ALT , 10(ALT) 11 ALT 12 T 51TL ALT & $92,120.00 $96,337.00 $99,068.00 $99,463.00 ` 51FZ(ALT) T. TOTAL BID (SUM OF ALL YTEMS) $162,690.00 $168,083.00 $163,955.00 $171,870.00 PLANS & SPECIFICATIONS RETURNED SPECS SPECS SPECS SPECS PLANS AND SPECIFICATIONS RESURFACING OF SOUND AVENUE AT THE WESTERN TOWN LIMIT $25. 00 deposit required. Obtain name , mailing address and telephone number when picked up. 1 . TOWN CLERK COPY 2. Muirfield Contracting, Inc. 516 PI 2 - 8124 , 477-1750 16 Heath Place Garden City, New York 11530 ( 3. Rason Asphalt , Inc. 9/14/82 Bethpage-Spagnoli Road P.O. Box 758 Farmingdlae, N.Y. 11735 516 293-.6210 4. Bimasci , Inc. 242 Rarbo Drive , Drawer A e "� Hauppauge , N.Y. 11788 / �- 5. Hendrickson Bros. Inc. 63 No. Central Ave. ,Call Box 1006 _ Valley Stream, N.Y. 11582 825-3249 �L�� s HOLZMACHER,McLENDON and MURRELL,P.C. •CONSULTING ENGINEERS,ENVIRONMENTAL SCIENTISTS and PLANNERS 209 WEST MAIN STREET, RIVERHEAD, N.Y. 11901 • 516-727-3480 RECEIVED! SEP 2 .t 1982 '(own Clerk Southold September 24 , 1982 Mrs. Judith T. Terry, Town Clerk Southold Town Hall Main Road Southold, NY 11971 Re : Town of Southold Resurfacing of Sound Ave. At Western Town Limit SOHT 81-01 Dear Mrs. Terry: Enclosed herewith are six (6) copies of Addendum No. 1 for the above-referenced project. Please attach one copy to the inside front cover of each set of specifications. If you have any questions, please do not hesitate to contact our office. Very truly yours, HOLZMACHER, McLENDON & MURRELL, P .C. Donald A. Sioss, P.E. SJH:deh encs. Melville,New York • Farmingdale,New York • Riverhead,New York COUNTY OF SUFFOLK ss: NOTICE TO BIDDERS STATE OF NEW YORK NOTICE IS HEREBY GIV- EN that SEALED BIDS will be " received by the Town Clerk of Patricia Wood, being duly sworn, says that she is the the Town of Southold at the Town Hall, Main Road, South- Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, old, New York, until 11:00 a public newspaper printed at Southold, in Suffolk County; A.M., prevailing time, on Thursday, September 30, and that the notice of which the annexed is a printed copy, 1982, at which time and place l;as been published in said Long Island Traveler-Watch- they will be publicly opened and read for the following m::ri once each week for ....................................weeks contract: G rte, RESURFACING OF successively, commencing on the ............ .................... SOUND.AVENUE ATda,r ............ Y �a-.c.. ......... ... THE WESTERN . / _ TOWN LIMIT .................................................................. Plans and specifications maybe obtained at the Town Hall and offices of the Con- sulting Engineers, HOLZ- MACHER, McLENDCN & MURRELL, P.C. 209 West Main Street, Riverhead, New Sworn to before me this ................................ day of York, 11901, and Suite 140, -- 125 Baylis Road, Melville, " E:� X........., 19... E New York, 11747, upon de- posit of twenty-five (525.00) for each set furnished. Deposits will be refunded to �) bidders who return the-plans ......... and specifications within ten """""""""' (10) days in good condition; Notary ublic other deposits will either be partially or not refunded if the Specifications have not been returned in good condition within thirty (30) days after bids have been opened. Each Proposal must he accompanied by a certified check or bid bond in the amount of five percent (5%)of the total bid, made payable to William R.Pell, III, Supervis- or, Town of Southold, as set forth in the Information to Bidders. The Town reserves the right to reject any or all bids, to waive any informalities and to accept such alternate bid which, in the opinion of the Town Board,will be in the best interests of the Town. BY ORDER OF THE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK JUDITH T.TERRY, TOWN CLERK TOWN OF SOUTHOLD SOUTHOLD,NEW YORK i 11971 1T-9/9/82(68) COUNTY OF SUFFOLK ss: STATE OF NEW YORK NOTICE TO BIDDERS NOTICE IS HEREBY GIV- EN that SEALED BIDS will be Patricia Wood, being duly sworn, says that she is the received by the Town Clerk of the Town of Southold at thee Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, Town Hall, Main Road, South- a public newspaper printed at Southold, in Suffolk Ceunty; old, New York, until 11:00 A.M., prevailing time, on and that the notice of which the annexed is a printed copy, Thursday, September 30, 17us been published in said Long Island Traveler-Watch- 1982,'at which time and place y they will be publicly opened rn c.-, once each weak for ........................................weeks and read for the following contract: successively, commencing on the RESURFACING OF k:L SOUND AVENUE ' cav of ...... . ..... L 19 ...... AT TOWN LIMIT THE WESTERN - - �._ — ` .................. Plans and specifications may be obtained at the Town Hall and offices of the Con- sulting Engineers, HOLZ- MACHER, McLENDf N & MURRELL, P.C. 209 West Sworn to before me this ............... ............. day of Main Street, Riverhead, New York, 11901, and Suite 140, ..: .................. 125 Baylis Road; Melville, New York, 11747, upon de. posit of twenty-five ($25.00) for each set furnished. Deposits will be refunded to bidders who returntheplans Notary lic and specifications within ten (10) days in good condition; other deposits will either be partially or not refunded if the Specifications have not been returned in good condition within thirty (30) days after �y bids have been opened. Each Proposal must be accompanied by a certified check or bid bond in the amount of,five percent (5%)of the total bid. made pavable in— William R. Pell, III, Supervis- or, Town of Southold, as set forth in the Information to Bidders. The Town reserves the right to reject any or all bids, to waive any informalities and to accept such alternate bid which, in the opinion of the Town Board,will be in the best interests of the Town. BY ORDER OF THE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK JUDITH T.TERRY, TOWN CLERK TOWN OF SOUTHOLD SOUTHOLD,NEW YORK 11971 j 1T-9/9/82(68) r RESURFACING OF SOUND AVENUE AT THE WESTERN TOWN LIMIT Plans and specifications may be obtained at the Town Hall and offices of the Consulting Engineers,HOLZ- MACHER, McLENDON & COUNTY OF SUFFOLK. 1 MURRELL, P.C., 209 West STATE OF NEW YORK. 8S Main Street, Riverhead, New 1 York, 11901,and Suite 140, 125 Baylis Road, Melville, New -r��. C xt1 °T S r? g being duly Sworn. York, 11747, upon deposit of • . ' ' ' ' ' ' ' . ' twenty-five ($25.00) for each says that . . . . . is Printer and Publisher of the SUFFOLK set furnished. Deposits will refunded to bidders who return the planss WEEKLY TIMES, a newspaper published at Greenport. in said and specifications within ten (10) days in good condition; county; and that the notice. of which the annexed is n printed other deposits will either be partially or not refunded if the copy, has been published in the said Suffolk Weekly Times Specifications have not been one returned in good condition once in each week, for . . . . . . . . . . . . . . . . . . . . . . weeks within thirty (30) days after 9th bids have been opened. successively commencing on the . . . . . . . . . . . . . . . . . . . . . . . . . . Each Proposal must be September 82 accompanied by a certified day of . . . . . . . . . . c�.. check or bid bond in the amount of five percent(5%)of the total bid,made payable to William R. Pell, III, Sworn to before me this th Supervisor, Town of Southold, as set forth to the Information day of • • ept ember• • • • . 19: .�� v��• to Bidders. The Town reserves the right . . . . ./V to reject any or all bids, to waive any informalities and to • • . . • • • • • • • • • • • • • ' ' . ' ' ' ' ' ' ' accept such alternate bid which, in the opinion of the Town Board,will be in the best NOTARY PUBLIC, Slate of Nev, interests of the Town. No. 4707878 Suftr,Ik Cuu,riy BY ORDER OF THE TOWN OF Term Exuues March 30. ]9.73 SOUTHOLD SUFFOLK COUNTY, NEW YORK JUDITH T.TERRY, NOTICE TO BIDDERS TOWN CLERK NOTICE IS HEREBY TOWN OF SOUTHOLD GIVEN that SEALED BIDS SOUTHOLD,NEW YORK 11971 will be received by the Town DATED:SEPTEMBER 5, Clerk of the Town of Southold 982 at the Town Hall, Main Road, 1 Southold, New York, until 1TS9 4049 11:00 A.M., prevailing time, on Thursday, September 30, 1982 at which time and place they will be publicly opened .ap I .,fort the following contrac : RESURFACING OF SOUND AVENUEAT _ THE WESTERN TOWN LIMIT Plans and specifications may be obtained at the Town Hall and offices of the " Consulting Engineers, HOLZ- MACHER, McLENDON & COUNTY OF SUFFOLK, 1 MURRELL, P.C., 209 West STATE OF NEW YORK, ss: Main Street, Riverhead, New 1 York, 11901, and Suite 140, 125 ��` `, Gu -«`'g`� being duly Sworn. Baylis Road, Melville, New 7 York, 11747, upon deposit of . . . • • • . . . • . . . . . . twenty-five ($25.00) for each says that .'. . . . . , is Printer and Publisher of the SUFFOLK set furnished. Deposits will beu refunded to WEEKLY TIMES. a newspaper published at Greenport. in said bidders who return the plans Twp p p and specifications within ten (10) days in good condition; County; and that the notice, of which the annexed is a printed other deposits will either be partially or not refunded if the Copy, has been published in the said Suffolk Weekly Times Specifications have not been returned in good condition once in each week, for . . . . . . . . . . . .QX1e. . . . . . . . . . . . . weeks within thirty (30) days after bids have been opened. successively commencing on the . . . . 9A]G . . . . . . . . . . . . . . . . . . Each Proposal must be accompanied by a certified day of . S.ept.embee..--. .. . .t..-1 8 check or bid bond in the amount of five percent(5%)of . . • • • the total bid, made payable to William R. Pell, III, Sworn to before me this Supervisor, Town of Southold, as set forth in the Information day of September 82 I9 to Bidders. The Town reserves the right . • • . . • . • • • • . to reject any or all bids, to waive any informalities and to • • • • • • . . . . . . . . . . . . . • • • " . . . . . . • • • " ' • • accept such alternate bid which, in the opinion of the Town Board,will be in the best HELEN K. DE VOE interests of the Town. NOTARY PUKIC,State of New York BY ORDER OF NO 4707878, Suffolk County THE TOWN OF i Terfn Expires March 30, 191-3 SOUTHOLD SUFFOLK COUNTY, NEW YORK _ JUDITH T.TERRY, NOTICE TO BIDDERS TOWN CLERK NOTICE IS HEREBY TOWN OF SOUTHOLD GIVEN that SEALED BIDS SOUTHOLD,NEW YORK will be received by the Town 11971 Clerk of the Town of Southold DATED:SEPTEMBER 5, at the Town Hall, Main Road, 1982 Southold; New York, until iTS9-4049 11:00 A.M., prevailing time, on Thursday, September 30, 1982 at which time and place they will be publicly opened a d read for the following • RECEIVEI? SEP 0 91982 Town Clerk Southold HOLZMACHER, McLENDON and MURRELL, P.C. • CONSULTING ENGINEERS, ENVIRONMENTAL SCIENTISTS and PLANNERS 125 BAYLIS ROAD, SUITE 140, MELVILLE, N.Y. 11747• 516-752-9060 September 9, 1982 Mrs. Judith Terry, Town Clerk Town of Southold Town Hall Main Road Southold, NY 11971 Re: Town of Southold Resurfacing of Sound Avenue At The Western Town Limit SOHT 81-01 Dear Mrs. Terry: Enclosed herewith are five (5) sets of plans and specifications for the above-referenced project. These are picked-up by prospec- tive bidders, upon payment of a twenty-five ($25. 00) dollar deposit. As always, any contractor picking up the plans should leave their name, mailing address and phone number. Should your supply of plans and specifications become as low as two (2) , please call Denise at 727-3480 and she will have additional sets delivered. If you have any other questions, please contact our office. Very truly yours, HOLZMACHER, McLENDO MURRELL, P.C. Do DAS/DH cc: Supervisor William R. Pell, III Town Board Raymond Dean, Highway Superintendent Melville,New York•Farmingdale,New York•Riverhead,New York HOLZMACHER, McLENDON and MURRELL, P.C. • CONSULTING ENGINEERS, ENVIRONMENTAL SCIENTISTS and PLANNERS 125 BAYLIS ROAD, SUITE 140, MELVILLE, N.Y. 11747• 516.752-9060 RECEIVED September 1, 1982 SEP 0A1982 -Town Clerk Southold Supervisor William R. Pell & the Town Board Town of Southold Town Hall Main Road Southold, NY 11971 Re: Town of Southold Sound Avenue Project SOHT 81-01 Gentlemen: Our proposal for engineering services on this project was originally addressed to the Town Board. However, pursuant to your directive, we re-addressed our proposal to Highway Superintendent Raymond C. Dean. Mr. Dean signed and returned our proposal on January 5, 1981. Our proposal stated that we would provide en- gineering services on the basis of our prevailing hourly rates of compensation for this project. At that time, we had estimated and stated that our budget would not exceed $16 , 000 without further written approval . However, at this time, we are approaching the maximum budget authorization and must, therefore, request an approval to increase the budget to $21, 000 . These additional costs are due to the following factors: A. A topographic survey was performed for the entire length of Sound Avenue (Townline to C.R. 48 ) , since the Highway Department did not wish to set project limits until the scope of required work (drainage and resurfacing) could be completely assessed. B. Similarly, we undertook the preparation of preliminary engi- neering design for the drainage and resurfacing along the entire roadway. C. As a result of this effort, the project limits were selected by the Highway Department and subsequent engineering services on the project were proportionate to the project size originally anticipated. Ray Dean has elected to install drainage and resur- face the roadway, only in the western half of Sound Avenue, due to the project funds available . Melville,New York•Farmingdale,New York•Riverhead.New York Supervisor William R. Pell Page Two & the Town Board September 1, 1982 Re: Sound Avenue The additional preliminary engineering and topographic work which was performed is, of course, available should the Town decide to appropriate additional funds to complete Sound Avenue at some future time. D. Normally on drainage projects, part-time inspection would be sufficient. However, on the recently completed New Suffolk Avenue project, the Highway Department has required more time-consuming inspection. The additional funds requested are, of course, assuming a timely completion of the work, with inspection require- ments similar to those on New Suffolk Avenue . Since we have been informed that the Highway Department intends to commence the drainage installation early in September, we must have written authorization, so that we may continue to provide un- interrupted engineering services during the construction. We should also note that this project is being undertaken with New York State Transportation Bond funds wherein the bond funds provide 70 percent of the funding and the Town the remaining 30 percent. Please feel free to contact our office, if you have any questions concerning either this matter or the project in general . As always, we are available to meet with you, to further discuss this matter. Very truly yours, HOLZMACHER, MOLEENDON &, MURRELL, P.C. a'011A� Donald A. Sioss, P.E . DAS/dh cc: Raymond C. Dean, Highway Supt. I STATE OF NEW YORK: SS: COUNTY OF SUFFOLK: JUDITH T. TERRY, Town Clerk of the Town of Southold , New York, being duly sworn, says that she is over the age of twenty-one years; that on the 9th day of September 1982 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit : - Town Clerk Bulletin Board, Town Clerk Office, stain Road, Southold, New York 11971 Notice to Bidders : Resurfacing of Sound Avenue at the Western Town Limit . Bid Opening: 11:00 A.M. , September 30 ,"7982 , Southold Town Hall. i, Judith T. Terry Southold Town Clerk Sworn to be before me this 9th day of September 19 82 Notary Public ELIZABETH ANN NEVILLE NOTARY PUBLIC, State of New York No. 52.8125850, Suffolk Coin Term Expires March 30, 19 0 moLZMACHER, McLENDON d MURRELL,P.C. copts rwM Emana"n.EMVIAo""PeIL KJEMTIET'E�0 KAMMEM NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN that SEALED BIDS will be received by the Town Clerk of the Town of Southold at the Town Hall, Main Road, Southold, New York, until 11:00 A.M . , prevailing time, on Thursday, September 30, 1982 at which time and place they will be publicly opened and read for the following contract: RESURFACING OF SOUND AVENUE AT THE WESTERN TOWN LIMIT Plans and specifications may be obtained at the Town Hall and offices of the Consulting Engineers, HOLZMACHER, McLENDON & MURRELL, P. C. 209 West Main Street, Riverhead, New York, 11901, and Suite 140, 125 Baylis Road, Melville, New York, 11747, upon deposit of twenty-five ($25. 00) for each set furnished. Deposits will be refunded to bidders who return the plans and spec- ifications within ten (10) days in good condition; other deposits will either be partially or not refunded if the Specifications have not been returned in good condition within thirty (30) days after bids have been opened. Each Proposal must be accompanied by a certified check or bid bond in the amount of five percent (5%) of the total bid, made payable to William R. Pell, III, Supervisor, Town of Southold, as set forth in the Information to Bidders. The Town reserves the right to reject any or all bids, to waive any informalities and to accept such alternate bid which, in the opinion of the Town Board, will be in the best interests of the Town. BY ORDER OF THE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK JUDITH T. TERRY, TOWN CLERK TOWN OF SOUTHOLD SOUTHOLD, NEW YORK 11971 DATED: SEPTEMBER 5, 1982 (OVER) NB-1 0 0 PLEASE PUBLISH ONCE, SEPTEMBER 9, 1982, AND FORWARD TWO (2) AFFIDAVITS OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: The Long Island Traveler-Watchman The Suffolk Times Town Board Members Superintendent of Highways Dean Town Clerk' s Bulletin Board ' 0 0 Z4 HOLZMACHER, McLENDON and MURRELL, P.C. • CONSULTING ENGINEERS, ENVIRONMENTAL SCIENTISTS and PLANNERS 125 BAYLIS ROAD, SUITE 140, MELMLE, N.Y. 11747 • 516752.9060 RECEIVED SEP 01 1982 August 30, 1982 Town Clerk Southold Supervisor William R. Pell, III & Town Board Town of Southold Town Hall Main Road Southold, NY 11971 Re: Town. of Southold Sound Avenue SOHT 81-01 Gentlemen: Recently, we met with Highway Superintendent Raymond C. Dean to review the above-captioned project. This project being under- taken with New York State Department of Transportation funds is utilizing a two-phased approach: the installing of drainage and the resurfacing. The drainage pians have been approved and Mr. Dean intends to commence construction in September as soon as the necessary inlet castings are delivered. The resurfacing plans have been delivered to Suffolk County Department of Public Works, and should be approved very shortly. It is now incumbent upon the Town_ to authorize advertisement and receipt of bids. This should be accomplished at your next meeting on September 7, 1982 . We suggest the following schedule: September 7 - Town Board authorizes advertising for bids September 9 - Advertise in official Town papers September 30 - Receipt of bids , 11 A.M. (subject to Town Clerk' s approval) October 5 - Town Board Awards Contract October 16 - Contract signed November 15 - Contract ( paving ) complete . Similar to Mr. Tasker ' s suggestion on the last street lighting bid, the resurfacing contract will contain a clause stating that the contractor will be paid after receipt of reimbursement from the State. Melville,New York•Farmingdale,New York+Riverhead.New York N2w Supervisor William R. Pell, II August 30 , 1982 & Town Board Page Two Re: Sound Avenue Any delay in advertising this contract, could result in a postponement of the work until the spring. If you have any questions concerning this project, please do not hesitate to contact our office. Very truly yours, HOLZMACHER, McLEN N & MURRELL, P.C. Donald A. Sioss, P.E. DAS%dh cc: Raymond Dean, Supt. of Hwys. Judith Terry, Town Clerk Robert Tasker, Esq. PRODUCT 1883-DESIGNED FOR USE WITH COMPANION 771 DU-G'--ENVELOPE ` (J�S /Ele�r�tl�v/ JETSETS-NEW ENGLAND BUSINESS SERVICE,INC.,GROTON,MAS-✓1450 _ �.� �._ NT H2M DATE ........... .......... L UR E Holzmacher, McLendon & Murrell, P.C. ON AS POSSIBLE } RECEIVED FILE NO. ........................................................... ....... ONO REPLY NEEDED 125 Baylis Road �- MELVILLE, NEW YORK 11747 SEP 01 1982 ATTENTION ......... .......... f (516) 752-9060ddvLdl hT�.e , /�/ I TOJ Town Clerk Southold SUBJECT ........................-J.................................................................._...............................................................................................:.......... /1111,. ............................................................:................................................................................................. .................. .�.......... . � "► CJ� /� MESSAGE � � ,,,_ . .......... ......... .. .... ......... ........... > �J r 2 �- Ec .............. . . . . .. -L � - - . ...�-`^�,-..... . ..... . ............... .........................................1111 .. J J l./ ...-.................................. SIGNED .....................j.......... ............. ...... �/ f�Z' ............................................................................................................................... REPLY ........................ DATE OF REPLY.............................................................................................................................._................,........................................ ... .... ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................... ............................................................................................................................. ..... ...................................................... .111.... 1 ........... ........... .... ....... .. . ..... .......... . ......... ................ ......... ... ..... ... .. 1..111.... . . ........... ........ .......... ......................................................... ............................................................. .11...11... ....._... .. ............... . ..... ................................... .......... ..... .... ............... . ........... ... ............ .......................................................................... ........................................ SIGNED .......................................................................................................................................................................................................... REC/P/ENT. WR/TE REPLY, RETURN WH/TE TO SENDER. KEEP THIS PINK COPY. i HOLZMACHER.McLENDON and MURRELL,P.C. •CONSULTING ENGINEERS, :NVIRONMEN-IrAf-SCIENTISTS and PLANNERS 209 WEST MAIN STREET, RIVERHEAD, N.Y. 11901 • 516-727-3480 August 27 , 1982 Mr. Frank Giordano, P .E . - Suffolk County Department o+ Pubiic Works Yaphank Avenue Yaphank, NY 11980 RE : Town of Southold New York State Transportation Bond Resurfacing -Df Sound Avenue SORT 81-41 Dear Mr. Giordano: We enclose herewith, two (2) sets of -) ins and specifications . or the above referenced pr(:ject. These arF_ fer r^view and approval by your department, Previously, you laad approved the s c.'_-m �.rainag�� plans for this project. The s :orm drainage instar ration will commence in September and should be completed by the end of Se-)tember. The town intends to bid the resurfacing before the --_:(:Hof September so that the work can be completed before the encs the paving season. Therefore, your early review - F -. iie encl ,sed would be appreciated. If you have any quest o,.-:s concerninc -.'-- - s �- -c;_ --t , please do not hesitate to contact I-s . Ver- t 'u-1-1 you_r� . FiOL7„ �1cLr. & MURRELL, P.C . no, -log 1S .deh Orifi. encs•Supervisor Cories T.C. T.B. �Atty. p visor William PE 1 . Highway Supt. Raymond 1) - Adg. Date rile _