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Street Lighting Fixtures
rowN CIVAIC CArr TOWN OF SOUTHOLD SUFFOLK COUNTY NEW YORK CONTRACT AND SPECIFICATIONS FOR FURNISHING AND DELIVERING LUMINAIRE TYPE OUTDOOR LIGHTING FIXTURES TO THE TOWN OF SOUTHOLD PROJECT NO. SOHT 81-02 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 PARCH 1982 HOLZMACHER,McLENDON andMURRELL,P.C. consulting Engineers. Environmental Scientists and Planners I.AMelville, N.Y. Farmingdale, N.Y. Riverhead, N.Y. s +� r INCLOSED FIND CERTIFICATk OF INSURANCE Date: 5/17/82 p Insured's Name: shore ,to Shore Electrical Supply Co, etal Type of Insurance: Liability We are pleased to forward the enclosed certificate of insurance on behalf of o:!r client. If you have any further questions regarding this matter, please do not hesitate to call on us. Re: Lighting Fixtures -Town of Southold rTown of Southold (Mrs.) Pen Trube Town Hall LUFTIG - FRANK K ASSOCIATES .M. TO 53095 Main Rd, F . 0 . Box 728 330 GREDMICH STREET HEINPSTEAQ. H.1I 11560 Southold, N.Y.. 11971 Phone: (616) MOM 1-7910 L cc . Shore ±: Shore./ * iiSIL�N7:i71ir17eii�C'IIG��I7/7eR�a�:Giii7:si7itCli�lel.',L•��[7.`ti7.`I\%A.I�ZK�79i7:'1•.0ill[H:�C•)\�I7�7.`il:ri<N7:�1(ly[N_i7lE[i7JtHii:` � � �77.•)•:Gji_\; I79�S�iT7,�iT:aeT\i7:ii:I�iTiPl7`.7_[H!_\li�I:i�131�(�1�IINII�'�i6�i�7IS�]'I_ Oro NAME AND ADDRESS OF AGENCY Luftig_rrank _ AstOei•ates'Ine COMPANIES AFFORDING COVERAGES 330 Qiiamrith N.Y. * c c T EI �� I CO.$e1lt�iitead, N. . ,l{,1660 COMPANY A 4i�A�Jr7�ira� i�E � 4Y LETTER 11 NAME AND ADDRESS OF INSURED Shore to Shore Electrical Supply Co. 9/or Kaw"u Electrical East Dist. 1596A 0"" Avenue B*hwda, N.Y. 11715 COMPANY B LETTER COMPANY C LETTER COMPANY D LETTER COMPANY LETTER 1. 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. Notwithstandi of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies terms, exclusions and conditions of such policies. I -- l --- COMPANY I I POLICY Limits of LI LETTER TYPE OF INSURANCE POLICY NUMBER EXPIRATION DATE BILE LIABILITY ❑ COMPREHENSIVE FORM ❑ OWNED ❑ HIRED ❑ NON -OWNED EXCESS LIABILITY ❑ UMBRELLA FORM ❑ OTHERTHAN UMBRELLA FORM WORKERS' COMPENSATION and EMPLOYERS' LIABILITY OTHER sse-11iTS18-5-in-81 17/23/92 requirement, term or condition bed herein is subject to all the yinThousands (000) EACH AGGREGATE OCCURRENCE BODILY INJURY I $ 1 $ PROPERTY DAMAGE $ $ BODILY INJURY AND PROPERTY DAMAGE $ 1000 $1000 COMBINED GENERAL LIABILITY PERSONAL INJURY I $ Il A F� COMPREHENSIVE FORM $ (EACH PERSON) ❑ PREMISES—OPERATIONS $ ❑ EXPLOSION AND COLLAPSE $ HAZARD UNDERGROUND HAZARD BODILY INJURY AND PRODUCTS/COMPLETED $ OPERATIONS HAZARD ❑ PROPERTY DAMAGE CONTRACTUAL INSURANCE COMBINED ❑ BROAD FORM PROPERTY STATUTORY DAMAGE ❑ $ INDEPENDENT CONTRACTORS PERSONAL INJURY BILE LIABILITY ❑ COMPREHENSIVE FORM ❑ OWNED ❑ HIRED ❑ NON -OWNED EXCESS LIABILITY ❑ UMBRELLA FORM ❑ OTHERTHAN UMBRELLA FORM WORKERS' COMPENSATION and EMPLOYERS' LIABILITY OTHER sse-11iTS18-5-in-81 17/23/92 requirement, term or condition bed herein is subject to all the yinThousands (000) EACH AGGREGATE OCCURRENCE BODILY INJURY I $ 1 $ PROPERTY DAMAGE $ $ BODILY INJURY AND PROPERTY DAMAGE $ 1000 $1000 COMBINED DESCRIPTIONOF OPERATIONS/LOCATIONSNEHICLES Re : sighting Fixtures for Town of Southold - Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail _" days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER: Tota of Southold Tit Nall 630$S Main Road- P.O.Box 723 Soil veld, N.Y. non +CORD 25 (1-79) DATE ISSUED: 511u:: " ��llrAs PERSONAL INJURY I $ Il BODILY INJURY $ (EACH PERSON) BODILY INJURY $ (EACH ACCIDENT) $ PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE $ COMBINED BODILY INJURY AND PROPERTY DAMAGE $ $ COMBINED STATUTORY $ (EACH ACCIDENT) DESCRIPTIONOF OPERATIONS/LOCATIONSNEHICLES Re : sighting Fixtures for Town of Southold - Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail _" days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER: Tota of Southold Tit Nall 630$S Main Road- P.O.Box 723 Soil veld, N.Y. non +CORD 25 (1-79) DATE ISSUED: 511u:: " ��llrAs I w HOLZMACHER, McLEND©N 3 MURRELL, P.C. / H2M CORP. CONSULTINQ ENGINEERS AND ENVIRONMENTAL SCIENTIST= I-1 4 HOLZMACHER, McLENDON & MURRELL, P.C. I H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL. SCIENTISTS 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, oni April 1, 1982 at which time and place they will be publicly opened and read for the following contract: FURNISHING AND DELIVERING LUMINAIRE TYPE OUTDOOR LIGHTING FIXTURES TO THE TOWN OF SOUTHOLD Specifications may be obtained on or after) March 18, 1982 at the Town Hall and offices of the Consulting Engineers, HOLZMACHER, McLENDON & MURRELL, P.C., 209 West Main Street, Riverhead, New York, 11901, and 125 Baylis Road, Melville, New York, 11747, upon deposit of twenty-five dollars ($25.00) for each set furnished. Deposits for Specifications will be refunded to bidders who return 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 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. DATED:' March 18, 1982 BY ORDER OF THE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK JUDITH T. TERRY, TOWN CLERK TOWN OF SOUTHOLD SOUTHOLD, NEW YORK 11971 NB -1 1. 0. HOLZMACHER, MCLENDON d MURRELL. P.C. I N2M CORP. CONSULTING EKINUAS AND ENVIRONMWTAL SCIENTIST! INFORMATION FOR BIDDERS BIDS FOR PROJECT The Town of Southold will receive SEALED PROPOSALS for Furnishing and Delivering luminaire type outdoor lighting fixtures to the town of Southold Highway department yard on Peconic Lane. 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,; April 1, 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 81-02 Proposal for Furnishing and Delivering Luminaire Type Outdoor Lighting Fixtures to the 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. WXZMACHER, McLENDON i MURAELL, P.C. / H2M CORP. WhsuLnma waimLLAt AND LmvinoWMEMAI sci N1T103 INFORMATION FOR BIDDERS (CONT'D.) 4 -0 SPECIFICATION DEPOSITS (a) Deposits for specifications will be completely refunded to Bidders who retUL-n 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. l •. Y R HOLZMACHER, McLENDON 8 MURRELL, P.C. I H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS 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 Holz- macher, McLendon & Murrell, P.C., Consulting Engineers, 209 West Main Street, Riverhead, New York, or 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 the work. 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. IB -3 HOLIMACHER. MCLENDON A MURR" P.C. / H2M CORP. Ca+wurNG DMINK a AND arvrna+MUffAL 9C1VMM INFORMATION FFR BIDDLRS (CONTI1). ) As tile'estimates of quantities of items stated in the proposal are approximate only, bidders are required to submit their proposal upon and in the following express conditions, which shall apply and become a part of every proposal received. Each bidder shall fill out, in ink, in both words and figures, in the spaces provided, his unit or lump sum hid, as the case may be, fol' each item in said Dorm of Proposal for wlricil he is submitting a bid. No bid will be considered_ which does not include bids for all items in tTie J}ropasal, '___ 1f the bid is noteccepted by the Town within forty-five (45) days atter the of bids, the obligation of the bidder under this proposal may terminate at his option and he shall there- upon he entitled to a refund of his certified check or release of his bid bond furnished by him as security with his proposal. B I D BOND OR CERTIFIED CHECK Each proposal from a contractor shall be accompanied by a bid bond or certified check on a solvent bank of the State of New fork, in the amount of five percent (5%) of the total bid. Such check shall be made payable to William R. Pell III, Supervisor, Town of Southold, New York, and the amount thereof shall be the measure of liquidated damages which the Town will sustain by the failure, neglect or refusal of the bidder to execute and deliver the contract, should the contract be awarded to bim. 'Che 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 tine execution of the contract and the furnishing of the required bond. NAME OF BIDDER Each bidder must state in his proposal, his full name and busi- ness address, and the full name of 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 him. If I13-4 HOLDAACHER, MCLENDON i MURRELL, P.C. I 142 CORP. OMUMMO WOINUM AND tNVIRONMWTAL Mwnm 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:.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. QUALUTCATIONS 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 purpuse 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. IB -5 I P, .,3 112MHOLZMACHER. McLENDON & MURRELL, P.C. oGMXTN i "Nem M powd o"WNTAL $01WOn Me P-4jow is 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, Sunday excepted, after the date of notification by mail of the acceptance of his proposal, and there sign the contract in quad- ruplicate 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 commence 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 and in particular to Section 103-a of the General Municipal Law regarding "Waiver of Immunity", as indicated on Page C-20 of the contract. RESPONSIBILITY FOR BIDDER 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 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, and acceptance. Work is required to be completed to the satisfaction of the Engineer and in substantial accordance with the specifications hereunto annexed. IB -6 TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK HM MACHOt, MkLENOON & MURR" I.C. I HNA CORP. CONSWLMM DMINUAS AND ENWAONMQRAL 80QVT 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 w site of the work, the Form of Contract and Specifications and has read the Notice to Bidders, Information for Bidders v 0 - 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 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: PA 4 4 HOLZMACHER, McIENOON i MURRELL. P.C. 00""TNq ENOINaM. l"VINGW ENfM=mom" rN AANNEM PROPOSAL - (CONT'D.) FURNISHING AND DELIVERING LUMINAIRE OUTDOOR LIGHTING FIXTURES ITEM lA* Furnish and Deliver 50 Watt HPS Luminaire Complete with Fixture Photoelectric Control, Photocell, and Lamp Minimum order - 100 Units Approximately 200 Units Price per unit One Hundred Twenty --Five Dollars and. No Cents SOUTHOLD TOWN HIGHWAY DEPT. TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK BID DATE: APRIL 1, 1982 ($ 125.00 ) TOTAL TwVnty7Fjvp ThQupapd_Dpljars.apd.NQ Cep,ts . . . ($ 25,000.00 ) ITEM 1B* Furnish and Deliver 50 Watt HPS Luminaire Complete with Fixture Photoelectric Control, Photocell, and Lamp Minimum order - 20 Units Approximately 200 Units Price per unit One Hundred Twenty -Five ($ 125.00 ) Dollars and NO Cents TOTAL Twenty -Five Thousand. Dollars, and. No Cents . ($ 25,000.00 TOTAL BASE BID (ITEM 1A* ONLY) TOTAL Twenty7Five Thousand. Dollars. and. No Cents ALTERNATE TOTAL BID (ITEM 1B* ONLY) TOTAL Twenty; -Five Thousand, Dol,iars. and. No Cents , ($ 25,000.00 ) *ALTERNATE ITEMS - Applicable Alternative item and unit price will be dependent upon the quantity ordered by the TOWN during placement of any one order. PB -1 r r HOLZMACHER, MCLENOON b MURRELL. P.C. / H2M CORP. CONSULTING U40INEERS AND ENVIRONMENTAL SCIENTISTS PROPOSAL - (CONT'D.) FURNISHING AND DELIVERING SOUTHOLD TOWN HIGHWAY DEPT. LUMINAIRE OUTDOOR LIGHTING FIXTURES TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK BID DATE: APRIL 1, 1982 Time for delivery shall be 30 days from Placement of order by the Town of Southold, Superintendent of Highways. NOTE: Prices stated above shall be in effect for orders placed during a period 12months from the date on which the contract is executed. FIRM NAME: NASSAU Fj.RC`:fTC_��,.rm rORP - FIRM ADDRESS: P.O. Bax 500, 1595 Ocean A,Yegue, Rohemia� NY 11715 SIGNED BY: s/ Dennis Kawe TITLE: Sales Manager - DATE: March 31, 1982 PB -2 r HOLZMACHER, McLENOON & MURRELL, P.C. tLJ�f f�WUITwGEMO�NHMiMYMOMMlMTALGCOM U4" 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, that the bidder's check which is hereiwth 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 residence of all persons and parties interested in the foregoing bid as principals are as follows: ADDRESS Jerry Lustig Nissequogue, NY Dennis Kawe Shoreham, NY NAME OF BIDDER: Nassau Electric East Corp. BUSINESS ADDRESS OF BIDDER: 1595 Ocean Avenue, Bohemia, NY 11716 DATED AT: Nassau Electric East Corp.THE 31, DAY OF March HO ZMACHER, MCLENDON b MURRELL. P.C. / H2M CORP. CONlUInNG ENOINUA/ ANO EN"00NMQfTAL OCIQ(T M PROPOSAL - (CONT' D. ) NON--COLLUSIWE 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: March 31, 1982 Nassau Electric East Corp. By: s/ Dennis P. Kawe This bidder cannot make the foregoing certification and a statement signed by the bidder is attached setting forth in detail the reasons therefor: ID HOLZMACHEA. WIENOON i PURR" F.C. / N2M CORP. COMUL"NO aaNCM AND UMMMMorrK $C10M 7t 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 ti 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. ' 10/80 ILL 1 of 1 01 I HOLZMACHER, MCLENDON & MURREU, P.C. / H2M CORP. CONSULTING ENGINEER& ANO ENVIRONMENTAL SCIENTIST! CONTRACT CONTRACT IN QUADRUPLICATE FOR FURNISHING AND DFTTVFRTNG LUMINAIRE TYPE OUTDOOR LIGHTING FIXTURES TO THE TOWN QF SOUTHOLD AT TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK, dated .JtN - /5' l9zRQ_ BY AND BETWEEN THE TOWN BOARD OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK, (herein called the "Town," and NASSAU ET.4ECTRTr EAST CORP 1595 Ocean Ayenue, Bohem_ia__NY _1.i Z? 6 --- (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 material called for under his bid in the Proposal section of the Contract and designated as Items: 1A AAd IJ3 For a Unit Price of $125,00 per li.ghtiig fixture As listed in the Proposal herein. C-1 a I L Faa It I HOLZMACHER, MCLENDON b MURRELL. I.C. / H2M CORP. CONSUMNO ENOINE M AND ENVIRONMENTAL SCIS? S" 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 -z 4 1 I- W. 4 HOLZMACHER. MclENDW Z MURRELL. P.C. / HZM CORP. UWSULTINQ ENGINU M AND El+ RONMMAL OC1ErM$" 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, MCIENDON i MURREII., P.C. / H2M CORP. CONSULTING 0401MIMAA AND 9MVIRONMORAL SCIDITIM 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. C-4 0 HOLZMACHER, MCLENOON 3 MURRELL, P.C. ao.r«r wa EMOINIEK EUV AAM r WAW ICMTOM doE PLAMOM CONTRACT - CONT'D 5. CONTRACT SECURITY None required under this contract. 6. 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-5 J HCUMACHER, MCLENOW & MURR" P.C. / H211 CORP. CON'1lMN4 CWNUAa AND ENVIRONMURAL ICIE?MM 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 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-6 HOLZMACHER, McLENDON & MURR" P.C. / H2M CORP. CON'ULTINO MOINURi AND ENVIXONMENTAI •GE}RIM 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-7 NOLZMACHER. MCLENDON i MURRELL. P.C. / HZM CORP. CONSUMNO E NGINEER8 AND ENVIRONMENTAL SCIEM S" 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, acid 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. 7. 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 6• 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, aid 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. ft I HOLZMACHER, MCLJENDON & MURR" P.C. I HZM CORP. CONSUMNO EN41ME9A1 AND 1XVINNMENTAL SCOEN'non CONTRACT - CONT'D. 8• 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-9 w a HOLZMACHER, MdMDON d MURRELL, F.C. i HZM CORP. CONNULVN0 ENaINEERG AND ENVIMMMOITAL 800MM 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 deviation 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 paid, as shalt be designated by the Industrial Commissioner, to the laborers employed in the performance of the Contract, either by the Contractor, subcontractor or other person doing or contracting to do the whole or part of the work contemplated by the Contract, and the Contract shall contain a stipulation that such laborers shall be paid not less than such hourly minimum rate of wage. Any person or corporation that willfully pays C-10 CONTRACT - CONT'D. I HOLZMACHER, MCLENDON i MURRELL. P.C. / H2M CORP. CONfNLTINO OWNURI AND 0MAONMWTµ SCIS MS" f 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. 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 i 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. 4. C-11 HOLZMACHER, Md ENDON 6 MURRELL. P.C. / H2M CORP. CON,ULTINO C"INUJN AND ENVIRONMENTAL •CIENTIS" CONTRACT - CONT'D. 9• 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 muy be safely assigned to work which they can ably perform. 10. 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. C-12 Y w HOLZMACHER, MCLENDON & MURRELL, P.C. OON"r* O INGDO M. [MVMOIM1EMAL KKUTI T1 4W PIAUrAM CONTRACT - (CONT'D) 11. ESTIMATES AND PAYMENTS (a) For each order, the Town will pay the Contractor an amount equal to seventy-five percent (75%) of the bid price within thirty (30) days after delivery of the equipment. The Contractor shall re- ceive the remaining twenty-five percent (25%) of the bid price within ten (10) days after the Town receives payment from the New York State Department of Transportation. Not withstanding the foregoing, the Town is not obligated to pay the Contractor prior to its receipt of State funds provided for this project. 12. 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 payment is improperly delayed. No payment, however, final or other- wise, shall operate to release the Contractor or his sureties from any obligations under this Contract. 13. 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 construction is carried on. Without additional charge, the Contractor shall furnish promptly all reasonable facilities, labor and materials necessary 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 examination of any portion of the work already completed, by removing or tearing out the same, the Contractor shall, upon request, furnish promptly all necessay 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. C -13 ,A a r HOLZMACHER, MCLENOON & MURRELL, P.C. mwawnwo[1460d2 t.fwINOWN AL WWUTWM 4"e/1MM'M CONTRACT - (CONT'D) 13. INSPECTION AND TESTS (Cont'd) If, however, such approval and consent shall have been given, and such work is found to meet the requirements of this Contract, the Con- tractor shall be recompensed for the expense of such examination and reconstruction in the manner herein provided for the payment of costs of extra work. The selection of laboratories and/or agencies for the inspection and tests of supplies, materials or equipment shall be subject to the approval of the Engineer. Satisfactory documentary evidence that the material has passed the required inspection and test must be furnished the Engineer prior to the incorporation 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. 14. CONTRACTOR'S TITLE TO MATERIALS No material or supplies for the work shall be purchased by the Contractor or by the 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. 15. PATENT RIGHTS As part of his obligation hereunder and without any additional compensation, the Contractor will pay for any patent fees or royalties required in respect to the work or any part thereof and will fully indemnify the 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-14 IN HOIZMACHER, MCLENOON & MURR" P.C. / H2M CORP. CONSULTING 01IOINW6 AND CNVIRONMOITAL 9CIfNTIS» CONTRACT - CONT'D. 16. 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 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, 17. 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 allcther 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-15 IV HOLZMACHER, MCLENWN & MURRELL, P.C. / HZM CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT'D 18. CORRECTION OF WORK All work and all materials, whether incorporated into the work or not, all processes of manufacture and all methods of construction shall be, at all times and places, subject to the inspection of the Engineer who shall be the final judge of quality, materials, processes of manufacture and methods of construction suitable for the purpose for which they are used. Should they fail to meet his approval they shall be forthwith reconstructed, made good and replaced and/or corrected as the case may be, by the Contractor at his own expense. Rejected materials shall immediately 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 judgement of the Engineer, shall be equitable. The Contractor expressly warrants that his work shall be free from any defects in materials or workmanship, and agrees to correct any defects which may appear within one year following the date of the final certificate. Neither the acceptance of the completed work nor payment therefore shall operate to release the Contractor or his sureties from any obligations under or upon this Contract or the Performance Bond. 19. 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 judgement 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 to defective 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-16 1, I CONTRACT - CONT' P . V HOLZMACHER, Md .ENDON 6 MURRELL. P.C. I H2M COR►. CONSULnNo o+o1Mg1" AND EHv1110NM00AL MUMS" 20. THE TOWN'S RIGHT TO STOP WORK OR TERMINATE CONTRACT: IF, (a) The Contractor shall be adjudged bankrupt or make an assignment for the benefit of creditors, or (b) A receiver or liquidator shall be appointed for the Contractor for any of his property and shall not be dismissed within 20 days after such appointment, or the proceedings in connection therewith shall not be stayed on appeal within the said 20 days, or (c) The Contractor shall refuse or fail, after notice or warning; from the Engineer, to supply enough properly skilled workmen or proper materials, or (d) The Contractor shall refuse or fail to prosecute the work or any part thereof with such diligence as will insure its completion within the 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 Engineerortherwise be guilty of a substantial violation of any provision 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 ontract may take possession of the work and complete the work by 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-17 111 CONTRACT - CONT'D. r f HCLZMACHER, MCLENOON a MURRELL. P.C. / H2M CORP. CONIULTINO E WINUM AND ENVIIIONMUML OQUOISU 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. 21. 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. 9,2.. 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- HOUMACHER, MCUNMN 6 MURA" P.C. I HTM CORP. CONSULTING CNOINUM AND EXVI"MENTAL MgMT16n CONTRACT - CONT'D. 23• 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. i24• 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. 1 25. 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. 26. 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-19 ap It HOLZMACHER, MCLFNOON & MURRELL. P.C. / HZM LORI. CONSULTING MG114 N ANO ENWIMONMO41AL SCIVOTISTI CONTRACT - CONT'D. (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-20 NWMACHER, MCLENDON 6 MURRELL. P.C. / H2M CORP. CONSULTING EN41MU" AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT'D. IN WITLESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. TOWN OF SOUTHOLD BY: 'w-,& (TOWN SEAL) William R. Pell III, Supervisor r (SEAL) Cont actor BY: �_��6�97F� TITLE: STATE OF NEW YORK) ) ss: COUNTY OF SUFFOLK) On the -t-A day of T', j 19$61—, 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 198A_ 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 T`:RRY NOTARY PUBLIC NOTARY'l!',l.l" of New Y ork Commission Ex t uffolk Coun P 4s Nilarch 30 Y C-21 ip t HOLZMACHER, MtLENDON b MURRELL. P.C. / H2M CORP. COMULTINO CNOINUM ANO EMYIRONMCNTAL SC/ENTISU CONTRACT - CONT'D. ACKNOWLEDGMENT OF CONTRACTOR, IF A CORPORATION STATE OF NEW YORK) ) SS: COUNTY OF.Su ffoZ1i(-) On this X day of ��ye- 19th before me personally came and appeared �J�'�h�,o,(�o/%,¢.- to me known, who by me being duly sworn, did depose and say that he resides at / Ahon.CPL, ZA"VP-- /A jPez'A-,* /Y.o'!sr 'V that he is the , �i°c��-���� o E'G/� f' -' c. 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 F=; ° o. New York No. E' G3 i a5;:; �tniolk Count Comrniss,on Lx fires March 30NOTARY PUBLIC ACKNOWLEDGMENT OF CONTRACTOR, IF A PARTNERSHIP STATE OF NEW YORK) ) SS: COUNTY OF ) On this day of , 19 81, 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. C-22 NOTARY PUBLIC WXZMACHER. McLENDON & MURRELL, P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS GENERAL SPECIFICATIONS TOWN OF SOUTHOLD FURNISH AND DELIVER LUMINAIRES 0.1 SCOPE Under this contract, the contractor shall furnish and deliver to the Town of Southold Highway Department Yard on Peconic Lane, luminaire type highway lighting fixtures and equipment, as described in the Technical Specifications of this contract. 0.2 INTENT It is the intent of this contract to provide first quality equipment to the Town of Southold, free of defects, whether said defects are incur- red during manufacture, transport to the Southold Town Highway Department Yard, or unloading at the Town Highway Department Yard. 0.3 GENERAL CONDITIONS The equipment to be provided under this contract shall be new, standard production models of the latest design in current production and manufactured in the U.S.A. All materials shall be of good commercial quality for the intended service, and shall be produced by use of current manufacturing processes. All materials shall be treated to resist rust, corrosion, and wear. All equipment supplied under this contract shall be suitable, by manufacturer's specifications, for use under climatic conditions, both typical and extreme, which occur in the Town of Southold. Bidders must submit with their bid the latest printed specifications and advertising literature on the fixtures, lamps, and devices which they propose to furnish. Bidders shall supply three parts books, three service and repair manuals, and three operators manuals to the TOWN OF SOUTHOLD HIGHWAY DEPARTMENT when the fixtures are delivered. GS -1 I • 40 :1 I HOUMACHER, McUNWN b MURR" P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS GENERAL SPECIFICATIONS (CONT'D.) GUARANTEE AND WARRANTY The bidder shall unconditionally warrant the equipment against defective workmanship or materials for a period of not less than twelve (12) months after the date of delivery and final acceptance. Further, if a defect does occur, the Bidder is solely responsible for any repair charges which may incur, including transportatina the eauinment to and from the designated repair location. 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. DEFINITIONS 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. GS -2 JH2%HOLZMACHER, McLENDON d MURRELL, P.C. e MMULTYs w womm ALsonnorMKMMmm TECHNICAL SPECIFICATIONS ,0 NOLZMACHEK McLENDON E MURRELL, P.C. oo�xn�o ► w •a�rn�+s..r ruww�s ITEM 1 - LUMINAIRES 1.0 SCOPE Under this item, the Contractor shall furnish and deliver luminaire outdoor lighting fixtures, with 50 watt high pressure sodium lamps, photo -receptacles, and photocells, as specified herein, to the Town of Southold Highway Department, located on Peconic Lane, Peconic, N.Y. 1.1 LUMINAIRES The Luminaire shall be a General Electric Company Type M250A Powr/ Door. It shall be precision diecast aluminum and is to be fur- nished complete with Powr/Module assembly to which are mounted the major electrical components for multiple operation including ballast and capacitors. Access to the terminal board and ballast assembly shall be accomplished by the loosening of a single captive screw on the power door. The Luminaire shall contain an internal high power factor reactor ballast rated 120V. The ballast shall he prewired to the lamp socket and terminal board, requiring only connection of the power -supply leads to the terminal board. The entire Powr/Module assembly shall be quickly and easily removable and replaceable through the use of quick -disconnect plugs. The Luminaire shall contain a locking type photoelectric receptacle conforming to EEI-NEMA standards. The receptacle shall be prewired to the terminal boards and quick -disconnect plugs. The optical assembly shall contain an activated -charcoal filter to filter out contaminants in the air as the Luminaire breathes. The prismatic refractor shall be of Acrylic and shall be easily removable by unlatching the refractor door and turning a single refractor -holding clip. The slipfitter shall be capable of adapting to 1h" thru 2" pipe size mounting brackets without the need of separate mounting parts or rearrangement of mounting components. Leveling and clamping of the Luminaire to the bracket shall be accomplished by the tightening of two bolts accessible both externally and internally. The reflector shall be secured to the upper housing and shall contain an EPT rubber gasket for sealing between the reflector and refractor. The socket housing shall be securely riveted and sealed to the reflector and shall contain provision for setting the socket in up to twelve positions. LUM-1 f U24HOLZMACHER. MCLENOON A MURRELL, P.C. 00mgMy gOsompoft 2N040 AIWAL2C WWW MKAMMM ITEM 1 - LUMINAIRES (CONT'D) The horizontal burning Luminaires shall be provided to operate 70 Watt, 100 Watt and 150 Watt High Pressure Sodium Lamps similar to General Electric Lucalox. For standardization, the ballasts shall be designed to operate 55V. Lucalox type lamps. The fixtures supplied shall conform to the following: GENERAL ELECTRIC TYPE M250A POWRI DOOR CATALOGUE NO. C 728N806 50 watt HPS NPF Reactor 1.2 PHOTOELECTRIC CONTROLS Each luminaire shall be equipped with a standard photoelectric control, suitable for use with the luminaires and photoelectric control receptacles provided under this contract. The photoelectric control housing shall be weatherproof, impact resistant, and provided with a clear window which is crack -resistant, and will not discolor. Photocells shall be included. Photoelectric controls must meet the surge protection, operating levels, operating voltages and contract ratings, specified by the luminaire manufacturer for photoelectric controls used with the luminaires and photoelectric control receptacles provided under this contract. 1.3 LAMPS The contractor shall provide one lamp for each luminaire provided under this contract. Lamps shall be 50 watt high pressure sodium type. They shall be suitable for use with the luminaires and photocontrols specified under this contract, and shall meet with the luminaire manu- facturer's requirements and specifications for 50 watt HPS lamps for the luminaires being provided. 1.4 BASIS OF PAYMENT Payment shall be at the unit price bid per 50 watt HPS luminaire; complete with fixture, photoelectric control, photocell and lamp, as specified herein, for the actual number of fixtures ordered by and supplied to the TOWN for any single order. LUM-2 s a HOLZMACHER. Md.EN00N 6 MURR" P.C. / H2M 000. coNsulnNo 6NciNUM AND tW"MVffAL /OHMS LM - 1 i f t]Z*tHOLZMACHER,McLENDONand MURRELL,P.C. ! Consulting Engineers. Environmental Scientists and Planners Melville, N.Y. Farmingdale, N.Y. Riverhead. N.Y. TOWN OF SOUTHOLD SUFFOLK COUNTY NEW YORK CONTRACT AND SPECIFICATIONS FOR FURNISHING AND DELIVERING LUMINAIRE TYPE OUTDOOR LIGHTING FIXTURES TO THE TOWN OF SOUTHOLD PROJECT NO. SOHT 81-02 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 Raymond C. Dean TOWN CLERK Judith T. Terry D'V„RCH 1982 1jk#AHOLZMACHER,McLENDON andMURRELL,P.C. Consulting Engineers. Environmental Scientists and Planners Me1Vl11*' N.Y. Farmingdale. N.Y. Riverhead, N.Y. h 7 HOLZMACHER, McLENDON b MURRELL, P.C. ! H2M CORP. CONSULTING ENGINEERS AND 1WRONMENTAL SCIENTIST! INDEX TOWN OF SOUTHOLD FURNISHING AND DELIVERING LUMINAIRE TYPE OUTDOOR LIGHTING FIXTURES TO THE TOWN OF SOUTHOLD PAGE Index I - 1 page Notice to Bidders NB - 1 page Informaition for Bidders IB - 6 pages Proposal PA thru PD -5 pages Indemniity, Limitation of Liability ILL - 1 page Contract C - 22 pages General'Specifications GS - 2 pages Technical Specifications TS - 2 pages Location Map LM - 1 page I-1 HOLZMACHER, McLENDON & MURRELL, P.C. I H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS 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 ll:00 A.M. prevailing time, on! April 1, 1982 at which time and place they will be publicly opened and read for the following contract: FURNISHING AND DELIVERING LUMINAIRE TYPE OUTDOOR LIGHTING FIXTURES TO THE TOWN OF SOUTHOLD Specifications may be obtained on or after! March 18, 1982 at the Town Hall and offices of the Consulting Engineers, HOLZMACHER, McLENDCN & MURRELL, P.C., 209 West Main Street, Riverhead, New York, 11901, and 125 Baylis Road, Melville, New York, 11747, upon deposit of twenty-five dollars ($25.00) for each set furnished. Deposits for Specifications will be refunded to bidders who return 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 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. DATED -.1 March 18, 1982 BY ORDER OF THE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK JUDITH T. TERRY, TOWN CLERK TOWN OF SOUTHOLD SOUTHOLD, NEW YORK 11971 NB -1 HOIZMACHER, McLENDON 6 MURRELL, P.C. / H2M CORP. CONiUITINO ENGINUM AND M WOnMUML SCIENTI Ts INFORMATION FOR BIDDERS BIDS FOR PROJECT The Town of Southold will receive SEALED PROPOSALS for Furnishing and Delivering luminaire type outdoor lighting fixtures to the town of Southold Highway department yard on Peconic Lane. 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,j April 1, 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 81-02 Proposal for Furnishing and Delivering Luminaire Type Outdoor Lighting Fixtures to the 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 HOLZMACHER, MCLENOON A MURRELL. P.C. t H2M CORP. CONSULTING 01GINUAS AND 9MVIRONMUOAL MINTISTS 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 Sur 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 (30) days following the bid date. IB -2 HOLZMACHER, McLENDON & MURRELL, P.C. I H2M CORP. CONSULTING ENGINEERS ANO ENVIRONMENTAL SCIENTISTS 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 Holz- macher, McLendon & Murrell, P.C., Consulting Engineers, 209 West Main Street, Riverhead, New York, or 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 the work. 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. IB -3 HOLZMACHER, MCLENDON A MURRELL. P.C. / H2M CORP. CONSULTINO V401HUM AND LNVrr10NMMAL MCO S" INFORMATION FOR BIDDLRS (CONT -1). ) As the estimates of quantities of items stated in the proposal are approximate only, bidders are required to submit their proposal upon and in the following express conditions, which shall apply and become a part of every proposal received. Each bidder shall fill out, in ink, in both words and figures, in the sprees provided, his unit or lump sum hid, as the case m:ay be, for each item in said Dorm of Proposal for whiCh he is submitting a bid. No bid will be considered which does not include bids for all items in 1f tl►e bid is notaccepted by the Town within forty-five (45) days alter the of bids, the obligation of the bidder under this proposal may terminate at his option and he shall there- upon be entitled to a refund of his certified cl►eck or release of his bid bond furnished by him as security with his proposal. BID BONI) OR CERT I F I rll CHECK Fach proposal from a contractor shall be accompanied by a bid bond or certified check on a solvent bank of the State of New fork, in tine amount of five percent (S%) of the total bid. Such check shall be made payable to William R. Pell III, Supervisor, Town of Southold, New York, and the amount thereof sliall be the measure of liquidated damages which the Town will sustain by the failure, neglect or refusal of the'bidder to execute and deliver the contract, should the contract be awarded to him. 'file 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 BIDDER Each bidder must state in his proposal, his full name and busi- ness address, and the full name of 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 him. If I13-4 HU MACHER. Me' ENDON i MURREt,1. F.C. I H2M CORP. INFORMATION FOR BIDDER (CONT' 11. ) 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 tale 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. QUALIFICATIONS OF BIDDERS (l) The Town reserves the right to waive any informalities in, or reject any and all bids. The Town reserves the riblit 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 tl►e 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. IB - S t2%HOLZMACHER, McLENDON 6 MURRELL, P.C. COMMX?04 EMQ*$M {. AVMA* M MMTAL OaHRan.b ftAMM M 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, Sunday excepted, after the date of notification by mail of the acceptance of his proposal, and there sign the contract in quad- ruplicate 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 commence 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 and in particular to Section 103-a of the General Municipal Law regarding "Waiver of Immunity", as indicated on Page C-20 of the contract. RESPONSIBILITY FOR BIDDER 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 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, and acceptance. 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 -6 HOLZMACHER, MCLENOW & MURRELL. P.C. / H2M CORP. CONSULTINO ENOtNELU AND EMWMMOiTAL SCI M M PROPOSAL - BIDDER'S DECLARATION .r 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 islin all respects without fraud or collusion, that he has examined the site of the work, the Form of Contract and Specifications R 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 and as mentioned in said Form of Contract, Specifications, Notice to Bidders, Information for Bidders and General Conditions, and hel will accept in full payment, therefore, the following sums to wit: PA HOLZMACHER, MCLENDON i MURRELL. P.C. ppN""a t11YN1 0WWM0NMTAL2C0W M4Nd KAMOM PROPOSAL - (CONT'D.) • FURNISHING AND DELIVERING LUMINAIRE OUTDOOR LIGHTINGFIXTURES Nom' S'u 13 M dTr IOJ6 $ l 0 8o p b ,. TH I S PKE"to s Ta A GoIJTRAC`tiR. NoT T'kstx fo R,F U. -d TAxs F -Y errr a .r T -o Yw 3 W V SOUTHOLD TOWN HIGHW. TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW A D1Si riouroR, oF e e"(BID DATE: APRIL 1, DEPT. 982 %AL Ir ITEM 1A* Q UoT (#74 C...."RAt. f LCc.TM'C- #G'7281` &0(. Na/{r►i�ic. p6w(grt Fra c,ra-� e A "as2- Furnish and Deliver 50 Watt HPS &(FWF"G F-LIFCrIZIC wAR(tAuTS rkiE Luminaire Complete with Fixture i Photoelectric Control Photocell V(xrvRE FoA IYfAP. AG-q&sI- QefVc-n and Lamp IAS O Aw *%A N S N (P . Minimum order - 100 Units Approximately 200 Units )2Soo Price per unit ! ) n �]'� 0 1a s d� oZS bo ,oa TOTAL( $ sff 0 W ;Zoo vtj Crs Dollars TTHM IR* Furnish and Deliver 50 Watt HPS Luminaire Complete with Fixture Photoelectric Control, Photocell, and Lamp Minimum order - 1 Unit Approximately 200 Units 41 90.vr� �--10U ,, rS Price per unit �"`r.�4-� . �- ($ 8ASF_p o" 7-,00 Vmt rS Dollais TOTAL Dollars TOTAL BASE BID (ITEM 1A* ONLY) TOTAL. ($ Z 5, Dollars ALTERNATE TOTAL BID'(ITEM 1B* ONLY) I.2o (ftj JTS -- /9 o,00 - A0Sova -Ao uNorr--1"2S,00 TOTAL .T :.`! . e�E4�^t . ($ Z S o 0 Dollars�o *ALTERNATE ITEMS - Applicable Alternative item and unit price will be dependent upon the quantity ordered by the TOWN during placement of any one order. PB -1 HOLZMACHER, MCLENOON & MURRELL, P.C. / H21A CORP. CONSULTING ENGINEM AND ENVIRONMENTAL /CIDITI i PROPOSAL - (CONT'D.) FURNISHING AND DELIVERING LUMINAIRE OUTDOOR LIGHTING FIXTURES SOUTHOLD TOWN HIGHWAY DEPT. TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK BID DATE:'APRIL 1,!1982 Time for delivery shall be 30 days from Placement of order by the Town of Southold, Superintendent of Highways. NOTE: Prices stated above shall be in effect for orders placed during a period 12months from the date on which the contract is executed. FIRM NAME: FIRM ADDRE SIGNED BY: TITLE: DATE: 3 f 1 t �z r PB -2 A V HOLZMACHER, MCLENDON & MURRELL, P.C. .W.. MNlMMW� fiWW=0MMffAL90W1 MtfMRMMI 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, that the bidder's check which is hereiwth 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 residence of all persons and parties interested in the foregoing bid as principals are as follows: NAME ADDRESS JERRY /v 1SsFE Q VC>4-UE - NY. 66341 cS bC A to rx_ S ooux" ra r+N N Y NAME OF BIDDER: A1AsCA Cl � L iTCTR K "ST Ga Re BUSINESS ADDRESS OF BIDDER: 15 f r 6 GEA 14 Avg E &*H grn ,M "V t 17 f L DATED AT: rAIASSIQV 4'5A37- THE -31 DAY OF M -AII& 1 1 9 f,. M s 19 HMZMAC HER, M"NOM a MURR" F.C. / ►&A OW. WmSULnma V4WWUAI iwo VanNONMOML SCM M 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: s� 3 I, l4 81 - This bidder cannot make the foregoing certification and a statement signed by the bidder is attached setting forth in detail the reasons therefor: PD HOLZMACHER, MCIENDON a Mumm. P.C. ! H21A CORP. CONWULTIMs OrWNIM AMO tlMOMMMAI SCIOMM 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 frdm 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 4 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. ILL 1 of 1 WX.ZMACHER, MCLENDON & MURREU, F.C. I HZM CORP. CONSUMMO MINUM AND E"MOMM'WAL >1 JEWIS" CONTRACT I CONTRACT IN QUADRUPLICATE FOR AT TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK, dated lg , 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 material y called for under his bid in the Proposal section of the Contract and designated as Items: for the sum of: Dollars Ifor the unit and/or lump sum price(s) as listed in the Proposal herein. C-1 t HOIZMACHEA, McLENDON i MURRELL. P.C. I HZM CORP. CONSULTING ONIINUM AND LNVIIIONMOiTAL KIOMSU 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 i .,4 Id HOL.ZMACHER. MCMDON y MURRELL. P.C. / H2M CORP. coNluLnNa ENGINUM AND 1"NONM01TAL SC16?MM 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 1 HMMACHER. MdANOON & MURRM. F.C. / MZM CORP. CONSULTING ENWNURS AND LNVIMWMU#TAL 11CIDITIM 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. C-4 N s HOLZMACHER, MCLENDON & MURRELL, P.C. CONTRACT - CONT'D 5. CONTRACT SECURITY None required under this contract. 6. 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-5 d HOLZMACHER. MCLENOON 6 MURRELL. P.C. / H2M CORP. CON'UMNO WGINUM AND tNV#*0NM0#TAL 9CIErIt M CONTRACT - CONT'D. The Contractor shall not permit any subcontractor to commence any operation oil 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. W HOLZMACHER, MtLENOON 6 MURRELL. P.C. / HZM CORP. CONSULTING 0401PURS AND ENVIRONMOOTAL SCIVMXT I CON'T'RACT - 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- travt, 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-7 LM J HOLZMACHER, MCLFNDON d MURRELL. P.C. / H2M CORP. CONSULTINO ENGINELAi AND ENVIRONMENTAL SCIENT M 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. 7. 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 6. 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. Sm HOLZMACHER, McUNDON & MURR" P.C. / HM COM. CONSUMNO E NGINUAa AND QW/IRONMEMUL 90UMSn CONTRACT - CONT'D. 8. 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 (S) 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-9 0., 1 HOLZMACHEn. McLENDON 6 MURRELL. F.C. / HZM CORP. cDm",nNa MQ1H 4 AND tMVINONMUffAL SCIUff i71 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 deviation 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 paid, as shall be designated by the Industrial Commissioner, to the laborers employed in the performance of the Contract, either by the Contractor, subcontractor or other person doing or contracting to do the whole or part of the work contemplated by the Contract, and the Contract shall contain a stipulation that such laborers shall be paid not less than such hourly minimum rate of wage. Any person or corporation that willfully pays C-10 J HOLZMACHEA, MCLENOM Z MURK" P.C. / H2M CMP. CoNSuknNG UMMUru AMD w,nROMwarµ SCIUMM 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. 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-11 V& :1 HOLIMACHER, McLENOON 6 MURRELL. P.C. / H2M CORP. CokOULTINO E?IOINURS AND ENVIIIONMWTAI SCIENTIS" CONTRACT - CONT'D. 9 • (QUALIFICATIONS FOR EMI)LOYMENT 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. 10. 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. C-12 V HOLZMACHER, McLENDON 6 MURRELL, P.C. r .xrwo suvwAoo 14TALIMIITRRIPOPuuww CONTRACT - (CONT'D) 11. ESTIMATES AND PAYMENTS (a) For each order, the Town will pay the Contractor an amount equal to seventy-five percent (75%) of the bid price within thirty (30) days after delivery of the equipment. The Contractor shall re- ceive the remaining twenty-five percent (25%) of the bid price within ten (10) days after the Town receives payment from the New York State Department of Transportation. Not withstanding the foregoing, the Town is not obligated to pay the Contractor prior to its receipt of State funds provided for this project. 12. 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 payment is improperly delayed. No payment, however, final or other- wise, shall operate to release the Contractor or his sureties from any obligations under this Contract. 13. 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 construction is carried on. Without additional charge, the Contractor shall furnish promptly all reasonable facilities, labor and materials necessary 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 examination of any portion of the work already completed, by removing or tearing out the same, the Contractor shall, upon request, furnish promptly all necessay 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. C-13 60 J V J JFt�M HOLZMACHER, MCLENDON 6 MURRELL, P.C. CONTRACT - (CONT'D) 13 INSPECTION AND TESTS (Cont'd) If, however, such approval and consent shall have been given, and such work is found to meet the requirements of this Contract, the Con- tractor shall be recompensed for the expense of such examination and reconstruction in the manner herein provided for the payment of costs of extra work. The selection of laboratories and/or agencies for the inspection and tests of supplies, materials or equipment shall be subject to the approval of the Engineer. Satisfactory documentary evidence that the material has passed the required inspection and test must be furnished the Engineer prior to the incorporation 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. 14. CONTRACTOR'S TITLE TO MATERIALS No material or supplies for the work shall be purchased by the Contractor or by the 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. 15. PATENT RIGHTS As part of his obligation hereunder and without any additional compensation, the Contractor will pay for any patent fees or royalties required in respect to the work or any part thereof and will fully indemnify the 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-14 V 4 HOLI WNER, MCMWN a MURR" F.C. / HYM C40. CONSUMNO ENGINUM AND IMVIRONMU#TAI SCIQIT19M CONTRACT - CONT'D. 16. 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 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. 17. 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 allether 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-15 1 4 �' HOLZMACHER, McLENDON 6 MURRELL, P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIUMITS CONTRACT - CONT'D 18. CORRECTION OF WORK All work and all materials, whether incorporated into the work or not, all processes of manufacture and all methods of construction shall be, at all times and places, subject to the inspection of the Engineer who shall be the final judge of quality, materials, processes of manufacture and methods of construction suitable for the purpose for which they are used. Should they fail to meet his approval they shall be forthwith reconstructed, made good and replaced and/or corrected as the case may be, by the Contractor at his own expense. Rejected materials shall immediately 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 judgement of the Engineer, shall be equitable. The Contractor expressly warrants that his work shall be free from any defects in materials or workmanship, and agrees to correct any defects which may appear within one year following the date of the final certificate. Neither the acceptance of the completed work nor payment therefore shall operate to release the Contractor or his sureties from any obligations under or upon this Contract or the Performance Bond. 19. 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 judgement 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 to defective 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-16 J A a HOLZMACHER, MCLENDON 6 MURRELL, P.C. I HZM CORP. CM$UInHQ ENGIMUN AND 9MVINONMOVTAL OCIUMM CONTRACT - CONT' D . 20. THF TOWN'S RIGHT TO STOP WORK OR TERMINATE CONTRACT: IF, (a) The Contractor shall be adjudged bankrupt or make an assignment for the benefit of creditors, or (b) A receiver or liquidator shall be appointed for the Contractor for any of his property and shall not be dismissed within 20 days after such appointment, or the proceedings in connection therewith shall not be stayed on appeal within the said 20 days, or (c) The Contractor shall refuse or fail., after notice or warning from the Engineer, to supply enough properly skilled workmen or proper materials, or (d) The Contractor shall refuse or fail to prosecute the work or any part thereof with such diligence as will insure its completion within the 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-17 Ci t M UMACHER, MCIENDON a MURFt" p.C. / H2M COM. CON'"TINO E7'101NMS AND ENVIRONUMTAI SCIENTISTI 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. 21. 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. 9.2.. 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-18 HOLZMACHER, MCLEN ON! 6 MURR" P.C. / HZM CORP. CONSULMO MOINUAS AND ENVIRONMQf/TAL iC1ENT1STi CONTRACT - CONT°D. i 1 23• 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. 'M 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. 25. 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. 26. 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-19 0 11 HCL=MACHER. McMOON & MURRELL, r.C. / H2M CORP. CONSULTING E7M41119 M AND ENVIRONMENTAL SC1ENT1lm CONTRACT - CONT'D. (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 wade 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-20 w ti HOLZMACHER. MCLENDON 8 MURRELL. P.C. / H2M CORP. CONSULTING CNQINEtRA 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_ 1981 , 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 , 1981 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. C-21 NOTARY PUBLIC HOLZMACHER, MCLEHMN d MURR" P.C. / H2M CORP. COMULTING E?IOIN9LR4 AMD EMVIRONMENTAL 6CIENTIM CONTRACT - CONT'D. ACKNOWLEDGMENT OF CONTRACTOR, IF A CORPORATION STATE OF NEW YORK) SS: COUNTY OF ) On this 3% day of f"A , 1981 before me personally came and appeared j)£NN1S P. KA 09 to me known, who by me being duly sworn, did depose and say that he resides at 11 3-biAo, ST 5MoROr1-IAM 0%)Y that he is the SALCS "ANAG-f (t. of (NASSAU F{E.Cc7-21c MCM 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 ` I signed his name thereto by like order. 4 NOTARY PUBLIC ACKNOWLEDGMENT OF CONTRACTOR, IF A PARTNERSHIP STATE OF NEW YORK) SS: COUNTY OF ) On this day of personally came and appeared . 19 81, before me . 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. C-22 NOTARY PUBLIC • . HOLZMACHER. MCLENWN b MURRELL. P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS GENERAL SPECIFICATIONS TOWN OF SOUTHOLD FURNISH AND DELIVER LUMINAIRES 0.1 SCOPE Under this contract, the contractor shall furnish and deliver to the Town of Southold Highway Department Yard on Peconic Lane, luminaire type highway lighting fixtures and equipment, as described in the Technical Specifications of this contract. 0.2 INTENT It is the intent of this contract to provide first quality equipment to the Town of Southold, free of defects, whether said defects are incur- red during manufacture, transport to the Southold Town Highway Department Yard, or unloading at the Town Highway Department Yard. 0.3 GENERAL CONDITIONS The equipment to be provided under this contract shall be new, standard production models of the latest design in current production and manufactured in the U.S.A. All materials shall be of good commercial quality for the intended service, and shall be produced by use of current manufacturing processes. All materials shall be treated to resist rust, corrosion, and wear. All equipment supplied under this contract shall be suitable, by manufacturer's specifications, for use under climatic conditions, both typical and extreme, which occur in the Town of Southold. Bidders must submit with their bid the latest printed specifications and advertising literature on the fixtures, lamps, and devices which they propose to furnish. Bidders shall supply three parts books, three service and repair manuals, and three operators manuals to the TOWN OF SOUTHOLD HIGHWAY DEPARTMENT when the fixtures are delivered. GS -1 HOLZMACHER, MCLENDON b MURRELL. P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS GENERAL SPECIFICATIONS (CONT'D.) • GUARANTEE AND WARRANTY The bidder shall unconditionally warrant the equipment against defective workmanship or materials for a period of not less than twelve (12) months after the date of delivery and final acceptance. Further, if a defect does occur, the Bidder is solely responsible for any repair charges which may incur, including transportatina the ea_ui_bment to and from the designated repair location. Irl 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. DEFINITIONS 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. GS -2 I-tZ% HOL2MACHER, McLENDON • MURRELL. P.C. CONVAT" §WAmOWmWALSIA" GWPwS� TECHNICAL SPECIFICATIONS 0 Ho ZMACHER, McLEN0ON i MURRELL. P.C. ca�anwa a.o�rws. wvwowrurr�t �asm�n.rx�rnws ITEM 1 - LUMINAIRES 1.0 SCOPE Under this item, the Contractor shall furnish and deliver 1 inaire outdoor lighting fixtures, with 50 watt high pressure sodium lamps, photo -receptacles, and photocells, as specified herein, to the T wn of Southold Highway Department, located on Peconic Lane, Peconic, N�Y. 1.1 LUMINAIRES The Luminaire shall be a General Electric Company Type M250 Powr/ Door. It shall be precision diecast aluminum and is to be fur- nished complete with Powr/Module assembly to which are mounted the major electrical. components for multiple operation including ballast and capacitors. Access to the terminal board and ballast assembly shall be accomplished by the loosening of a single captive screwlon the power door. The Luminaire shall contain an internal high power factor reactor ballast rated 120V. The ballast shall be prewired to the lamp socket and terminal board, requiring only connection of the power -supply leads to the terminal board. The entire Powr/Module assembly shall be quickly and easily removable and replaceable '^ through the use of quick -disconnect plugs. The Luminaire shall contain a locking type photoelectric receptacle ` conforming to EEI-NEMA standards. The receptacle shall be prewired to the terminal boards and quick -disconnect plugs. The optical assembly shall contain an activated -charcoal filter to filter out contaminants in the air as the Luminaire breathes. The prismatic refractor shall be of Acrylic and shall be eaily removable by unlatching the refractor door and turning a single refractor -holding clip. The slipfitter shall be capable of adapting to 13j" thru 2" i.pe size mounting brackets without the need of separate mounting parts or rearrangement of mounting components. Leveling and clamping of he Luminaire to the bracket shall be accomplished by the tightening of two bolts accessible both externally and internally. The reflector shall be secured to the upper housing and shall contain an EPT rubber gasket for sealing between the reflector an refractor. The socket housing shall be securely riveted and sealed to the reflector and shall contain provision for setting the socket in up to twelve positions. El LUM-1 0 HOLZMACHER, McLENDON i MURRELL, P.C. 00""Y aOW80LUNAAt900al e"wAMMA ITEM 1 - LUMINAIRES (CONY D) The horizontal burning Luminaires shall be provided to opera te 70 Watt, 100 Watt and 150 Watt High Pressure Sodium Lamps similar{ to General Electric Lucalox. For standardization, the ballasts'I shall be designed to operate 55V. Lucalox type lamps. The fixtures supplied shall conform to the following: GENERAL ELECTRIC TYPE M250A POWR/ DOOR CATALOGUE NO. C 728N806 50 watt HPS NPF Reactor 1.2 PHOTOELECTRIC CONTROLS Each luminaire shall be equipped with a standard photoelectric control, suitable for use with the luminaires and photoelectric control receptacles provided under this contract. The photoelectric con rol housing shall be weatherproof, impact resistant, and provided wi h a clear window which is crack -resistant, and will not discolor. Photocells shall be included. Photoelectric controls must meet the surge protection, operating levels, operating voltages and contract ratings, specified by the luminaire manufacturer for photoelectric controls used with the luminaires and photoelectric control receptacles provided under this contract. 1.3 LAMPS The contractor shall provide one lamp for each luminaire provided under this contract. Lamps shall be 50 watt high pressure sodiumltype. They shall be suitable for use with the luminaires and photocontrior is specified under this contract, and shall meet with the luminaire anu- facturer's requirements and specifications for 50 watt HPS lamps the luminaires being provided. 1.4 BASIS OF PAYMENT Payment shall be at the unit price bid per 50 watt HPS complete with fixture, photoelectric control, photocell and specified herein, for the actual number of fixtures ordered supplied to the TOWN for any single order. LUM-2 luminire; lamp, aas by and LOCATION MAP s7/.q?,cotA%r, 1w HOLZMACHER, McLEN00N & MURRELL. P.C. / H2M CORP. CONSUInNO MIN=$ ANO DWIRONMEMAL •CIUMM SOUTHOLD _ TOWN HALL /00 LM — 1 SOUTHOLD HIGHWAY YARD . I S Z44HOLZMACHER,MCLENDONand MURRELL,P.C. Consulting Engineers. Environmental Scientists and Planners Melville, N.Y. Farmingdale, N.Y. Riverhead. N.Y. SPEEDISET(g) MOORE BUSINESS FOOMS, INC COVER ONE SUBJECT ONLY TO GRAYBAR ELECTRIC CO. - P.O. BOX 188 HAU`FlP,A';,.!GE, NY 11788 MESSAGE: PA ORIGINATOR - DO NOT WRITE BELOW THIS LINE REPLY: SIGNED DATE 312- '/;"L p SIGNED l DATE SEND PARTS I AND 3 WITH CARBON INTACT - PART 3 WILL BE RETURNED WITH REPLY SF 350 (8/81) TOWN OF SOUTHOLD SUFFOLK COUNTY NEW YORK CONTRACT AND SPECIFICATIONS FOR FURNISHING AND DELIVERING LUMINAIRE TYPE OUTDOOR LIGHTING FIXTURES TO THE TOWN OF SOUTHOLD PROJECT NO. SOHT 81-02 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 IVA,RC H 1982 S HOLZMACHER,McLENDON andMURRELL,P.C. Consulting Engineers. Environmental Scientists and Planners I.A Melville, N.Y. Farmingdale. N.Y. Riverhead. N.Y. 1 HOLZMACHER, McLENDON & MURRELL. P.C. / H2M CORP. CONsuL,nNO ENGINUM AND ENWRONMEMAL SCIEMIIm I-1 HOLZMACHER, McLENDON & MURRELL, P.C. I H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS 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'i April 1, 1982 at which time and place they will be publicly opened and read for the following contract: FURNISHING AND DELIVERING LUMINAIRE TYPE OUTDOOR LIGHTING FIXTURES TO THE TOWN OF SOUTHOLD Specifications may be obtained on or afteri March 18, 1982 at the Town Hall and offices of the Consulting Engineers, HOLZMACHER, McLENDON & MURRELL, P.C., 209 West Main Street, Riverhead, New York, 11901, and 125 Baylis Road, Melville, New York, 11747, upon deposit of twenty-five dollars ($25.00) for each set furnished. Deposits for Specifications will be refunded to bidders who return 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 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. DATED:1, March 18, 1982 BY ORDER OF THE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK JUDITH T. TERRY, TOWN CLERK TOWN OF SOUTHOLD SOUTHOLD, NEW YORK 11971 NB -1 I HOIWCHER, MtLENDON b MURRELL. P.C. / H2M CORP. CONIULTING EN01NEgN AND ENViRONMOML ICIENT S" INFORMATION FOR BIDDERS BIDS FOR PROJECT The Town of Southold will receive SEALED PROPOSALS for Furnishing and Delivering luminaire type outdoor lighting fixtures to the town of Southold Highway department yard on Peconic Lane. 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,i April 1, 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. SORT 81-02 Proposal for Furnishing and Delivering Luminaire Type Outdoor Lighting Fixtures to the 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 HOIZMACNER, MCLENDON i MURREu, P.C. / N2M CORP. CON&UMNO O01HURS AND WWR"INE?RAL 6CIVITISTS 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 tor 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 06 4 HOLZMACHER, McLENDON & MURRELL, P.C. I H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS 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 Holz- macher, McLendon & Murrell, P.C., Consulting Engineers, 209 West Main Street, Riverhead, New York, or 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 the work. 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. IB -3 V, HOLZMACHER, McLENOM i MURR" P.C. I H?M CORP. CONSULTINO MOOMtua ,w0 00FIXONMUffAL KiOMM INFORMATION FOR li I DDLiRS (CONT' 1). ) As the estimates of quantities of items stated in the proposal are approximate only, 1)idders are required to submit their 1)roposaI upon and in the following express conditions, which shall apply and become a part of every proposal received. Each bidder shall fill out, in ink, in both words and figures, in the spaces provided, his unit or lump sum hid, as the case may be, for each item in said Dorm of Proposal for which he is submitting a bid. No bid will be considered_ which does not include bids for all items in tTe proposal, If the bid is notaccepted by the Town within forty-five (45) days atter the of bids, the obligation of the bidder under this proposal may terminate at his option and he shall there- upon be entitled to a refund of his certified clieck or release of his bid bond furnished by him as security with his proposal. 1311) BOND OR C1iRT' I F 1 FD CIIGCK [rich proposal from a contractor shall be accompanied by a bid bond or certified check on a solvent bank of the State of New York, in the amount of five percent (5%) of the total bid. Such check shall be made payable to William R. Pell III, Supervisor, Town of Southold, New York, and the amount thereof shall be the measure of liquidated damages which the Town will sustain by the failure, neglect or refusal of the'bidder to execute and deliver 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 be returned upon the execution of the contract and the furnishing of the required bond. NAME OF BIDDER Each bidder must state in his proposal, his full name and busi- ness address, and the full name of every person, firm or corporation interested in the same, and the address of every person or firm or president anti secretary of every corporation interested with him. If IN -4 LM HOLZMACHFA, WASNOON A MURR" P.C. I H2M CORD. C004ULTING MOM" AND NVVIN"MCMTAL WGUMM INFORMATTON 1-011 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 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. 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 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. IB - S r HOLZMACHER, MCLENDON & MURRELL, P.C. cowuXrna 1NQ*MM. t�nrr1 0 IXTK KWNrwn we►LMM M 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, Sunday excepted, after the date of notification by mail of the acceptance of his proposal, and there sign the contract in quad- ruplicate 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 commence 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 and in particular to Section 103-a of the General Municipal Law regarding "Waiver of Immunity", as indicated on Page C-20 of the contract. RESPONSIBILITY FOR BIDDER 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 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, and acceptance. Work is required to be completed to the satisfaction of the Engineer and in substantial accordance with the specifications hereunto annexed. IB -6 TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK 1 HOLZMACHER, MdENOON d MURRELL, P.C. / H2M CORP. cor4suLvNo OMMURS AND DMFX)MMOITAL sCICKTIM 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 J 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 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: PA HOLZMACHER, MCLENDON E MURRELL, P.C. PROPOSAL-,(CONT'D.) FURNISHING AND DELIVERING LUMINAIRE OUTDOOR LIGHTING FIXTURES SOUTHOLD TOWN HIGHWAY DEPT. TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK BID DATE: APRIL 1, 1982 Furnish and Deliver 50 Watt HPS Luminaire Complete with Fixture Photoelectric Control, Photocell, and Lamp Minimum order - 100 Units Approximately 200 Units Price per unit . . . . . . . . . . . . . ($ ) Dollars TOTAL . . . . . . . . . . . . . . . . . . . . . . ( $ Dollars ITEM 1B* Furnish and Deliver 50 Watt HPS Luminaire Complete with Fixture Photoelectric Control, Photocell, and Lamp Minimum order - 1 Unit Approximately 200 Units Price per unit . . . . . . . . . . . ($ ) Dollars TOTAL. . . . . . . . . . . . . . . . . . . Dollars TOTAL BASE BID (ITEM 1A* ONLY) TOTAL . . . . . . . . . . . . . . . . . . . . ($ Dollars ALTERNATE TOTAL BID (ITEM 1B* ONLY) TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . ($ Dollars *ALTERNATE ITEMS - Applicable Alternative item and unit price will be dependent upon the quantity ordered by the TOWN during placement of any one order. PB -1 HOIZMACHER. McIENDON 6 MURRELL. P.C. / HZM CORP CONSUMNO MINUM ANO UMNONMUffAL SOVMWS PROPOSAL — (CONT'D.) + FURNISHING AND DELIVERING SOUTHOLD TOWN HIGHWAY DEPT. LUMINAIRE OUTDOOR LIGHTING FI%TURES TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK BID DATE: APRIL 1, 1982 Time for delivery shall be 30 days from Placement of order by the Town of Southold, Superintendent of Highways. NOTE: Prices stated above shall be in effect for orders placed during a period 12months from the date on which the contract is executed. FIRM NAME: FIRM ADDRESS: SIGNED BY: TITLE: DATE: PB -2 f j A F12% HOLZMACHER. MCLENDON d MURRELL, P.C. COMATMo(NO Mft Nr4WK MMMTA►tONWW$M//LOWI 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, that the bidder's check which is hereiwth 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 residence of all persons and parties interested in the foregoing bid as principals are as follows: NAME OF BIDDER: BUSINESS ADDRESS OF BIDDER: DATED AT: ADDRESS THE DAY OF PC f 41 H02MACHER, McLEMDON i MURR" P.C. / HZM GNP. WNSUInNO VIGM908 AND UMMMMon" !cuff*" PhOPOS;AL - (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 Z. 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: PD WUMACHER. MCLENOON A MURA" P.C. / HZM CORP. CONaUCTIMO Or N"M ANO ammoNMQITAL SClUMM INDEMNITY, LIMITATION OF LIABILITY I. 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. 10/80 ILL 1 of 1 • Hq,ZMACHER, MCLEM)ON & MURR" P.C. / HZM CORP. CONSULTING ENOINELAf ANO Elf WMMEWAL SCIENT15" 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 material called for under his bid in the Proposal section of the Contract and designated as Items: for the sum of: Dollars for the unit and/or lump sum price(s) as listed in the Proposal herein. C-1 O t HOLZMACHER. M CLENDON 6 MURRELL, P.C. I H2M CORP. CONSULTING MINUM AND [NVI..ONMOITAL 1CIVITIS" 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 -`l .. z, I HOLZMACHER. McMDON A MURRELL, P.C. / H2M CORP. CON'JULTiNO MOINUM AND ENv1ROMMWTAL QIE MI" 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. DIRECTEDy RE UQ IRED, 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 MAdACHEA. MCLENOON i MUM" P.C. / H2M COM. Q0h$ULnN0 COMMaw ANO UMMMMOSTAL SMOM ri 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. C-4 A HOLZMACHER, McLENDON & MURRELL, P.C. raw4rTMb lNONINM. lNVMWIYEMK lC1lM1M'f!lnO llAMrdM CONTRACT - CONT'D 5. CONTRACT SECURITY None required under this contract. 6. 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-5 MOLZMACHER. MCMDON 6 MURRELL. P.C. / H2M CORP. CONSULTING 044INUAS AND INVIQONMUCTAL •CIUMSTS 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 tl1an 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-6 It HOLZMACHER. MCLENOON & MURRELL. P.C. / HZM CORP. comlulnma O+GINUAS AND ENVIOONMOiTAI OCIPME" 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 t(olzmacher, 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-7 J HOLZMACHER, MCUNWN i MURR" ►.C. / H2M OORP. CON3ULTINO VQINEEAI AND ENVIRONMOITAL SCIENT M 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. 7. 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 6. 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, aid 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. MW HOLZMACHER, McLENOON b MURRELL. P.C. I H2M CORP. coNlulnNa 04410OURS AND CMVIRONMONTAL OC1E7NTIM CONTRACT - CONT'D. 8• 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 -D HOLZMACHER, Md.EN00N 6 MURREL.L. P.C. / HZM CORP. CONsu nNa EHa1NUM AND ENVI"MCNTAL 9CIE1MM 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 oil behalf of the State or any City, County, Town or Village or other civil deviation 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 paid, as shall be designated by the Industrial Commissioner, to the laborers employed in the performance of the Contract, either by the Contractor, subcontractor or other person doing or contracting to do the whole or part of the work contemplated by the Contract, and the Contract shall contain a stipulation that such laborers shall be paid not less than such hourly minimum rate of wage. Any person or corporation that willfully pays C-10 HOLIMACHER, MCMDON 6 MURRELL. P.C. / HZM CORP. CONSUONG WGINUM AMD L MMMMWTAL SClUMM 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. V 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-11 1r• I HOLZMACHER, MCtENOON 6 MURREIl. P.C. / HZM CORP. CONSUITINO ENGINUAi AND ENVIAONME?ITAI SCIENTISTS CONTRACT - CONT'D. 9• (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. 10. 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. C-12 4 0 HOLZMACHER, MCLENOON 3 MURRELL, P.C. CONTRACT - (CONT'D) 11. ESTIMATES AND PAYMENTS (a) For each order, the Town will pay the Contractor an amount equal to seventy-five percent (75%) of the bid price within thirty (30) days after delivery of the equipment. The Contractor shall re- ceive the remaining twenty-five percent (25%) of the bid price within ten (10) days after the Town receives payment from the New York State Department of Transportation. Not withstanding the foregoing, the Town is not obligated to pay the Contractor prior to its receipt of State funds provided for this project. 12. 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 payment is improperly delayed. No payment, however, final or other- wise, shall operate to release the Contractor or his sureties from any obligations under this Contract. 13. 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 construction is carried on. Without additional charge, the Contractor shall furnish promptly all reasonable facilities, labor and materials necessary 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 examination of any portion of the work already completed, by removing or tearing out the same, the Contractor shall, upon request, furnish promptly all necessay 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. C -13 I HOLZMACHER. MCLENDON & MURRELL. P.C. (,pNtULTMIp 6NONMiM. INVIIJONWNTAL MM11M W4 PLUNIM CONTRACT - (CONT'D) 13. INSPECTION AND TESTS (Cont'd) If, however, such approval and consent shall have been given, and such work is found to meet the requirements of this Contract, the Con- tractor shall be recompensed for the expense of such examination and reconstruction in the manner herein provided for the payment of costs of extra work. The selection of laboratories and/or agencies for the inspection and tests of supplies, materials or equipment shall be subject to the approval of the Engineer. Satisfactory documentary evidence that the material has passed the required inspection and test must be furnished the Engineer prior to the incorporation 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. 14. CONTRACTOR'S TITLE TO MATERIALS No material or supplies for the work shall be purchased by the Contractor or by the 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. 15. PATENT RIGHTS As part of his obligation hereunder and without any additional compensation, the Contractor will pay for any patent fees or royalties required in respect to the work or any part thereof and will fully indemnify the 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-14 8 a 00 WXZMACHER, Mtl.ENOOM 6 MURRELL. P.C. / H2M CORP. OONluLrma MaINUM ANO [NVIQONMUffAI SCIENTIST{ CONTRACT - CONT'D. 16. 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 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. 17. 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 other questions in connection with the work. Upon request, the Engineer shall confirm in writing any oral orders, directions, requirements or determinations. The enumeration herein or elsewhere in the contract documents of particular 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-15 J r z W ZMACHER, McLEND©N 6 MURRELL, P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT'D 18. CORRECTION OF WORK All work and all materials, whether incorporated into the work or not, all processes of manufacture and all methods of construction shall be, at all times and places, subject to the inspection of the Engineer who shall be the final judge of quality, materials, processes of manufacture and methods of construction suitable for the purpose for which they are used. Should they fail to meet his approval they shall be forthwith reconstructed, made good and replaced and/or corrected as the case may be, by the Contractor at his own expense. Rejected materials shall immediately 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 judgement of the Engineer, shall be equitable. The Contractor expressly warrants that his work shall be free from any defects in materials or workmanship, and agrees to correct any defects which may appear within one year following the date of the final certificate. Neither the acceptance of the completed work nor payment therefore shall operate to release the Contractor or his sureties from any obligations under or upon this Contract or the Performance Bond. 19. 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 judgement 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 to defective 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 C-16 Contractor. I HOLZMACHER, MCLENDON 6 MURRELL. P.C. I H2M CORP. CONSULTING ENGINUM AND ENVIRONMD"AL MUM $" CONTRACT - CONT' n . 20. THE TOWN'S RIGHT TO STOP WORK OR TERMINATE CONTRACT: IF, (a) The Contractor shall be adjudged bankrupt or make .in 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-17 HOLZMACHER, MCLENOON & MURRELL. P.C. I H2M CORP. CONIULTIN0 M01"U" AND 1XVIQONMOdTAI SCIPffl f 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. 21. 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. 9.2.. 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-18 f *. V 14 HOLZMACHER, McLENOON 3 MURRELL, P.C. / H2M CORP. CONSUIMMO ENOINUM AND ENVI"MQITAL 8C1ENlTIST{ CONTRACT - CONT'D. 23• 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. �4. 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. 25. 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. 26. 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-19 s 0 h V A HOLZMACHER, MdMDON 6 MURR" P.C. / H2M CORP. CON34JLTING ENOINEE" ANO ENVIQONMEMM GCIENTIj" CONTRACT - CONT'D. (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-20 HOLZMACHER, McLENDON 6 MURRELL, P.C. / H2M CORP. CONSULTING ENGINEERR AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT'D. IN WITNESS WHEREOF, the parties hereto have set their hands and # I seals the day and year first above written. .t TOWN OF SOUTHOLD BY: (TOWN SEAL) William R. Pell III, Supervisor Contractor BY: (SEAL) TITLE: STATE OF NEW YORK) ) ss: COUNTY OF SUFFOLK) On the day of , 1981 , 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 , 1981 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. C-21 NOTARY PUBLIC HOiZMACHEA, McLENOON b MURREU, P.C. / H2M CORP. CONSULTINO ENGINUPA ANO ENYIRONMEWAI SCIENTISTS CONTRACT - CONT'D. ACKNOWLEDGMENT OF CONTRACTOR, IF A CORPORATION + STATE OF NEW YORK) ) SS: COUNTY OF a On this day of personally came and appeared , 1981 , before me . to me known, who by me being duly sworn, did depose and say that he resides at that he is the of I 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 ) On this day of 19 81,, 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. C-22 NOTARY PUBLIC a 0 f HOLZMACHER, MCLENDON 6 MURRELL. P.C. / HZM CORP. CONSULTING ENGINEERS ANO ENVIRONMENTAL SCIENTISTS GENERAL SPECIFICATIONS TOWN OF SOUTHOLD FURNISH AND DELIVER LUMINAIRES 0.1 SCOPE Under this contract, the contractor shall furnish and deliver to the Town of Southold Highway Department Yard on Peconic Lane, luminaire type highway lighting fixtures and equipment, as described in the Technical Specifications of this contract. 0.2 INTENT It is the intent of this contract to provide first quality equipment to the Town of Southold, free of defects, whether said defects are incur- red during manufacture, transport to the Southold Town Highway Department Yard, or unloading at the Town Highway Department Yard. 0.3 GENERAL CONDITIONS The equipment to be provided under this contract shall be new, standard production models of the latest design in current production and manufactured in the U.S.A. All materials shall be of good commercial quality for the intended service, and shall be produced by use of current manufacturing processes. All materials shall be treated to resist rust, corrosion, and wear. All equipment supplied under this contract shall be suitable, by manufacturer's specifications, for use under climatic conditions, both typical and extreme, which occur in the Town of Southold. Bidders must submit with their bid the latest printed specifications and advertising literature on the fixtures, lamps, and devices which they propose to furnish. Bidders shall supply three parts books, three service and repair manuals, and three operators manuals to the TOWN OF SOUTHOLD HIGHWAY DEPARTMENT when the fixtures are delivered. GS -1 k a It s HOLZMACHER, MCLENWN & MURRELL, P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS GENERAL SPECIFICATIONS (CONT'D.) GUARANTEE AND WARRANTY The bidder shall unconditionally warrant the equipment against defective workmanship or materials for a period of not less than twelve (12) months after the date of delivery and final acceptance. Further, 'if a defect does occur, the Bidder is solely responsible for any repair charges which may incur, including transportatina the equipment to and from the designated repair location. 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. DEFINITIONS 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. GS -2 t2HOLZMACHER, McLENOON 3 MURRELL, P.C. Oom"T"d10NIN11/,DMIAOMYI ALIO W"M0MPLW1 TECHNICAL SPECIFICATIONS jw .A s .y 0 v w r�MHOLZMACHER, McL.ENDON 3 MURRELL, P.C. COPM&WO NIYMIRM. NIYVWMIbRAL 8CWXrWM &W PLNN� ITEM 1 - LUMINAIRES 1.0 SCOPE Under this item, the Contractor shall furnish and deliver luminaire outdoor lighting fixtures, with 50 watt high pressure sodium lamps, photo -receptacles, and photocells, as specified herein, to the Town of Southold Highway Department, located on Peconic Lane, Peconic, N.Y. 1.1 LUMINAIRES The Luminaire shall be a General Electric Company Type M250A Powr/ Door. It shall be precision diecast aluminum and is to be fur- nished complete with Powr/Module assembly to which are mounted the major electrical components for multiple operation including ballast and capacitors. Access to the terminal board and ballast assembly shall be accomplished by the loosening of a single captive screw on the power door. The Luminaire shall contain an internal high power factor reactor ballast rated 120V. The ballast shall be prewired to the lamp socket and terminal board, requiring only connection of the power -supply leads to the terminal board. The entire Powr/Module assembly shall be quickly and easily removable and replaceable through the use of quick -disconnect plugs. The Luminaire shall contain a locking type photoelectric receptacle conforming to EEI-NEMA standards. The receptacle shall be prewired to the terminal boards and quick -disconnect plugs. The optical assembly shall contain an activated -charcoal filter to filter out contaminants in the air as the Luminaire breathes. The prismatic refractor shall be of Acrylic and shall be easily removable by unlatching the refractor door and turning a single refractor -holding clip. The slipfitter shall be capable of adapting to 13j" thru 2" pipe size mounting brackets without the need of separate mounting parts or rearrangement of mounting components. Leveling and clamping of the Luminaire to the bracket shall be accomplished by the tightening of two bolts accessible both externally and internally. The reflector shall be secured to the upper housing and shall contain an EPT rubber gasket for sealing between the reflector and refractor. The socket housing shall be securely riveted and sealed to the reflector and shall contain provision for setting the socket in up to twelve positions. LUM-1 4 R HOLZMACHEP, MCLENOON a MURRELL, P.C. CON"T"w^vxwmw.L WNNMMawKAWdM ITEM 1 - LUMINAIRES (CONT'D) The horizontal burning Luminaires shall be provided to operate 70 Watt, 100 Watt and 150 Watt High Pressure Sodium Lamps similar to General Electric Lucalox. For standardization, the ballasts shall be designed to operate 55V. Lucalox type lamps. The fixtures supplied shall conform to the following: GENERAL ELECTRIC TYPE M250A POWRI DOOR CATALOGUE NO. C 728N806 50 watt HPS NPF Reactor 1.2 PHOTOELECTRIC CONTROLS Each luminaire shall be equipped with a standard photoelectric control, suitable for use with the luminaires and photoelectric control receptacles provided under this contract. The photoelectric control housing shall be weatherproof, impact resistant, and provided with a clear window which is crack -resistant, and will not discolor. Photocells shall be included. Photoelectric controls must meet the surge protection, operating levels, operating voltages and contract ratings, specified by the luminaire manufacturer for photoelectric controls used with the luminaires and photoelectric control receptacles provided under this contract. 1.3 LAMPS The contractor shall provide one lamp for each luminaire provided under this contract. Lamps shall be 50 watt high pressure sodium type. They shall be suitable for use with the luminaires and photocontrols specified under this contract, and shall meet with the luminaire manu- facturer's requirements and specifications for 50 watt HPS lamps for the luminaires being provided. 1.4 BASIS OF PAYMENT Payment shall be at the unit price bid per 50 watt HPS luminaire, complete with fixture, photoelectric control, photocell and lamp, as specified herein, for the actual number of fixtures ordered by and supplied to the TOWN for any single order. LUM-2 I! 1 1% OW HOIZMACHER. Md.ENDON d MURR" P.C. / H2M CORP. CONSUMNO WGINUM ANO ENWMNMUffAt •CIE MWS Lbs — 1 i U2/*tHOLZMACHER,McLENDONand MURRELL,P.C. Consulting Engineers. Environmental Scientists and Planners MelvllIe. N.Y. Farmingdale, N.Y. Rverhead, N.Y. Ii i TOWN OF SOUTHOLD ` SUFFOLK COUNTY NEW YORK CONTRACT AND SPECIFICATIONS FOR FURNISHING AND DELIVERING LUMINAIRE TYPE OUTDOOR LIGHTING FIXTURES TO THE TOWN OF SOUTHOLD PROJECT NO. SOHT 81-02 TOWN BOARD Supervisor William R. Pell III Councilmen Larry W. Murdock Francis T. Murphy John J. Nickles Joseph L. Townsend, Jr. Justice Raymond W. Edwards, Jr. SUPT. OF HIGHWAYS Raymond C. Dean TOWN CLERK Judith T. Terry MARCH 1982 HOLZMACHER,MCLENDON andMURRELL,P.C. consulting Engineers. Environmental Scientists and Planners Melville, N.Y. Farmingdale. N.Y. Riverhead, N.Y. a 1 INDEX HOUMACHER, MCLMWN b MURR" P.C. / HZM CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTIVII TOWN OF SOUTHOLD FURNISHING AND DELIVERING LUMINAIRE TYPE OUTDOOR LIGHTING FIXTURES TO THE TOWN OF SOUTHOLD Index Notice to Bidders Information for Bidders Proposal Indemnity, Limitation of Liability Contract General Specifications Technical Specifications Location Map I-1 PAGE I - 1 page NB - 1 page IB - 6 pages PA thru PD -5 pages ILL - 1 page C 22 pages GS - 2 pages TS - 2 pages LM - 1 page HOLZMACHER, McLENDON & MURRELL, P.C. I H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS 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, unti1�11:00 A.M. prevailing time, on April 1, 1982 at which time and place they will be publicly opened and read for the following contract: FURNISHING AND DELIVERING LUMINAIRE TYPE OUTDOOR LIGHTING FIXTURES TO THE TOWN OF SOUTHOLD Specifications may be obtained on or after+ March 18, 1982 at the Town Hall and offices of the Consulting Engineers, HOLZMACHER, McLENDCN & MURRELL, P.C., 209 West Main Street, Riverhead, New York, 11901, and 125 Baylis Road, Melville, New York, 11747, upon deposit of twenty-five dollars ($25.00) for each set furnished. Deposits for Specifications will be refunded to bidders who return 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 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. DATED:', March 18, 1982 BY ORDER OF THE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK JUDITH T. TERRY, TOWN CLERK TOWN OF SOUTHOLD SOUTHOLD, NEW YORK 11971 NB -1 i dr I HMWCHER, MCLENDON 6 MURRELL. P.C. I H2M CORP. CONIUMNO ENGINEM AND LW"MWAL SCIET IPS INFORMATION FOR BIDDERS BIDS FOR PROJECT The Town of Southold will receive SEALED PROPOSALS for Furnishing and Delivering luminaire type outdoor lighting fixtures to the town of Southold Highway department yard on Peconic Lane. 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,, April 1, 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 81-02 Proposal for Furnishing and Delivering Luminaire Type Outdoor Lighting Fixtures to the 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 IF t HOLZMACHER, MCLENDW i MURREu» P.C. / HSM CORP. ODNSUL"NO V40INUAG AND LNVIRONMORA . KIDITISTS INFORMATION FOR AIDDERS (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 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 r 11 HOLZMACHER, McLENDON & MURRELL, P.C. I H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS 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 Holz- macher, McLendon & Murrell, P.C., Consulting Engineers, 209 West Main Street, Riverhead, New York, or 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 the work. 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. IB -3 HOLZMACHER, MCLENOON i MURRELL. P.C. / HZM CORP. CONSULTING DOGIN[J M AND INVIRONMaDOAL OCIVITISfl INYORMATION FOR 131DDL"RS (CONT'D.) As tile'estimates of quantities of items stated in the proposal are approximate only, bidders are required to submit their proposal upon and in the following express conditions, which shall apply and become a part of every proposal received. Fach bidder shall fill out, in ink, in both words ,and figures, in the spaces provided, his unit or lump sum hid, as the case may be, for each item in said Dorm of proposal for which he is submitting a bid. No bid will be considered_ which does not include bids for all items in the proposal, If tlae bid is notaccepted by the Town within forty-five (4S) days ,atter the of bids, the obligation of the bidder under this proposal may terminate at his option and he shall there- upon be entitled to a refund of his certified check or release of his bid bond furnished by him as security with his proposal. BIU BOND OR CURTIPIrl1 CHECK Fach proposal from a contractor shall be accompanied by a bid bond or certified check on a solvent bank of the State of New York, in the amount of five percent (S%) of the total bid. Such check shall be made payable to William R. Pell III, Supervisor, Town of Southold, New York, and the amount thereof shall be the measure of liquidated damages which the Town will sustain by the failure, neglect or refusal of the'bidder to execute and deliver the contract, should the contract be awarded to him. 'file 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 BIDDER Each bidder must state in his proposal, lois full name and busi- ness address, and the full name of 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 him. If IB -4 HOLZMACHER, MCMWN A MURRELL, P.C. 1 "M CORP. CONSULTING 10401NUM AND wVIM"MWTAL WWUMM INFORMATION FOR BIDDER (CONT' l) . ) 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:'ioil, 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. 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 Town, will qualify them by experience to perform the work which is proposed. Id (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 lie is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. IB -5 H A HOLZMACHER, McLENDON & MURRELL, P.C. CONGMT0 fl EMOSIHM. 9 4"00 WlMK 1CM MR aW PL MM M 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, Sunday excepted, after the date of notification by mail of the acceptance of his proposal, and there sign the contract in quad- ruplicate for the work. In case of failure to do so, having abandoned the same, and the shall be forfeited to the Town, or be invoked. CONTRACTOR'S INSURANCE the bidder shall be considered as check accompanying his proposal the penalty of the bid bond shall The contractor shall not commence 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 and in particular to Section 103-a of the General Municipal Law regarding "Waiver of Immunity", as indicated on Page C-20 of the contract. RESPONSIBILITY FOR BIDDER 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 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, and acceptance. Work is required to be completed to the satisfaction of the Engineer and in substantial accordance with the specifications hereunto annexed. IB -6 TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK 4 HOLiMACHER, McLENOON 6 MURRELL. P.C. / H2M CORP. cousuITINo cN INEM AND ElI MMMOITAt WAUMM 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 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 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: PA • J 4 . HOLZMACHER. MCLENDON i MURRELL. P.C. anme na eaws KswomosMNMtK 8COMM wWRAMS PROPOSAL-,(CONT'D.) FURNISHING AND DELIVERING LUMINAIRE OUTDOOR LIGHTING FIXTURES ITEM 1A* Furnish and Deliver 50 Watt HPS Luminaire Complete with Fixture Photoelectric Control, Photocell, and Lamp Minimum order - 100 Units Approximately 200 Units Price per unit . . . . . . . . . . . . . Dollars SOUTHOLD TOWN HIGHWAY DEPT. TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK BID DATE: APRIL 1, 1982 TOTAL . . . . . . . . . . . . . . . . . . . . . . . . Dollars ITEM 1B* Furnish and Deliver 50 Watt HPS Luminaire Complete with Fixture Photoelectric Control, Photocell, and Lamp Minimum order - 1 Unit Approximately 200 Units Price per unit . . . . . . . . ($ Dollars TOTAL . . . . . . . . . . . . . . . . . . . ($ Dollars TOTAL BASE BID (ITEM 1A* ONLY) TOTAL . . . . . . . . . . . . . . . . . . . . . . . ($ Dollars ALTERNATE TOTAL BID (ITEM 1B* ONLY) TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . ($ Dollars *ALTERNATE ITEMS - Applicable Alternative item and unit price will be dependent upon the quantity ordered by the TOWN during placement of any one order. PB -1 r HOLZMACHER, MCLENOCN 6 MURRELL, P.C. / HZM CORP. CONSULTING ENGINWIII AND 1MVIRONMOMI. SCIDIT" PROPOSAL - (CONT'D.) FURNISHING AND DELIVERING SOUTHOLD TOWN HIGHWAY DEPT. LUMINAIRE OUTDOOR LIGHTING FIXTURES TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK BID DATE: APRIL 1, 1982 Time for delivery shall be 30 days from Placement of order by the Town of Southold, Superintendent of Highways. NOTE: Prices stated above shall be in effect for orders placed during a period 12 months from the date on which the contract is executed. FIRM NAME: FIRM ADDRESS: SIGNED BY: TITLE: DATE: PB -2 14 19 0. 4 IH2M MOLZMACHER, MCLENDON & MURRELL, P.C. rY,n....nmerrrn wrwarrartK n.wnUMa 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, that the bidder's check which is hereiwth 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 residence of all persons and parties interested in the foregoing bid as principals are as follows: MKO NAME OF BIDDER: BUSINESS ADDRESS OF BIDDER: ADDRESS DATED AT: THE DAY OF Q a r 4 MOLZMACHEA. MCMDON i MURR" P.C. / H21M CORD. WNSUMNO OIOIMMI ANO iNWRONMV#TAL WJPffWI MOFOSAL - (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 badder is attached setting forth in detail the reasons therefor: PD K 4 HOIZMACHEA, Me1EN00N A MURRELL. P.C. / HZM CORP. CON{UL"NO UNUMUIU ANO 9 WRONMOTAL SCIUMM 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 frdm 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. 10/80 ILL 1 of 1 A "CUMACHER, MCLENOON a MURR" P.C. / M2M CORP. COMULTING V40INELRS AND ["010NMEMAI 9CIVaIST! CONTRACT CONTRACT IN QUADRUPLICATE FOR _ AT TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK, dated 1g , 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 material called for under his bid in the Proposal section of the Contract and designated as Items: for the sum of: Dollars for the unit and/or lump sum price(s) as listed in the Proposal herein. C-1 4 i r HOLZMACHER, MCLENOON & MURRELL. P.C. / HZM COV. CONSULTING V OINURS ANO [NVIRONMWTAL MOMS" 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-1 4 4 HOLZMACHER. Md ENDON A MURRELL. F.C. / HZM CORP. CONSUONO CMINUAS ANO uvVIRONMORAL KiUMSTS 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 E a HOL=MACHER, MCI ENOON & MURR" P.C. / H2M CORP. CONIULTINO 041MVM AND INVINONMOOTAL SCANT 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. C-4 Q A 16 HOLZMACHER, McLENDON 3 MURRELL, P.C. Co,d"TNG EMOW,NEM. IMVMf,MwKWAL SMKTWM SW R►100Ms CONTRACT - CONT'D 5. CONTRACT SECURITY None required under this contract. 6. 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-5 a 0. 14 SER, McLENDW & MURRELL. P.C. / N2M CORP. CONSULTING WOIMURS AND EMMONMOITAL OCIE MSM 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 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-6 HOLZMACHER, MCLENDON a MURRELL. P.C. / H2M CORP. CONSULTING 04GINUAG AND ENVIRONM04TAL SCIPITISTS 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-7 1 HOLZMACHER. MCLENDON 6 MURRELL, P.C. / HZM CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT' D. Automobile Public Liability Lisurance 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 amo>Int of not less than Two Hundred Thousand Dollars ($200,000.) for damages on account of all accidents. 7. 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 6• 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, aid 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. : HOtZMACHER, MCLENOON b MURRELL. P.C. / H2M CORP. CONSULTING CW410iUM ANO ENVINONMEMUL BOLL M CONTRACT - CONT'D. 8• 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 -D HOLZMACHER, McLENDON a MURRELL. P.C. / HZM CORP. com"nNa efw1NCLA4 AND c MMONMUOAt SCIUMM 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 deviation 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 paid, as shall be designated by the Industrial Commissioner, to the laborers employed in the performance of the Contract, either by the Contractor, subcontractor or other person doing or contracting to do the whole or part of the work contemplated by the Contract, and the Contract shall contain a stipulation that such laborers shall be paid not less than such hourly minimum rate of wage. Any person or corporation that willfully pays C-10 HOLZMACHER. MCMDON a MURR" P.C. / HZM CORD. CONSUMNO Q'IOINg&U AND INVIROMMOTAL SCIOfT M 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. 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-l.l HOLZMACHER, Mc1EN00N & MURRELL. P.C. I HZM CORP. CONSULTING OWINUM AND uNVIROMME WAS SCIU MSM CONTRACT - CONT'D. 9• (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 h:indi- capped persons, otherwise employable, where each person may be safely assigned to work which they can ably perform. 10. 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. C-12 t HOLZMACHER, MCLENDON 3 MURRELL, P.C. COWMTMENBOMMEMOVAMAWALSCWWWM4"PLUMM CONTRACT - (CONT'D) 11. ESTIMATES AND PAYMENTS (a) For each order, the Town will pay the Contractor an amount equal to seventy-five percent (75%) of the bid price within thirty (30) days after delivery of the equipment. The Contractor shall re- ceive the remaining twenty-five percent (25%) of the bid price within ten (10) days after the Town receives payment from the New York State Department of Transportation. Not withstanding the foregoing, the Town is not obligated to pay the Contractor prior to its receipt of State funds provided for this project. 12. 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 payment is improperly delayed. No payment, however, final or other- wise, shall operate to release the Contractor or his sureties from any obligations under this Contract. 13. 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 construction is carried on. Without additional charge, the Contractor shall furnish promptly all reasonable facilities, labor and materials necessary 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 examination of any portion of the work already completed, by removing or tearing out the same, the Contractor shall, upon request, furnish promptly all necessay 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. C-13 HOLZMACHER, MCLENDON 3 MURRELL, P.C. COWMTOMEMI$nnLGW40WMWMTALICOOMMOWKAMdM CONTRACT - (CONT'D) * 1 13. INSPECTION AND TESTS (Cont'd) If, however, such approval and consent shall have been given, and such work is found to meet the requirements of this Contract, the Con- tractor shall be recompensed for the expense of such examination and reconstruction in the manner herein provided for the payment of costs of extra work. The selection of laboratories and/or agencies for the inspection and tests of supplies, materials or equipment shall be subject to the approval of the Engineer. Satisfactory documentary evidence that the material has passed the required inspection and test must be furnished the Engineer prior to the incorporation 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. 14. CONTRACTOR'S TITLE TO MATERIALS No material or supplies for the work shall be purchased by the Contractor or by the 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. 15. PATENT RIGHTS As part of his obligation hereunder and without any additional compensation, the Contractor will pa,y 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-:14 dL r ,. WXZMACHER, tMcLENNN a MURR t, F.C. I H2M CORP. cOMsulnMo 04MMUM AND IMVIMOMM04TAL SCIvmsn CONTRACT - CONT'D. 16. 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 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, 17. 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 allather 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 governed and so performed, but without exception all the work shall be governed aid so performed. C-15 .. HOLZMACHER, McLENDON 6 MURRELL. P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT'D 18. CORRECTION OF WORK All work and all materials, whether incorporated into the work or not, all processes of manufacture and all methods of construction shall be, at all times and places, subject to the inspection of the Engineer who shall be the final judge of quality, materials, processes of manufacture and methods of construction suitable for the purpose for which they are used. Should they fail to meet his approval they shall be forthwith reconstructed, made good and replaced and/or corrected as the case may be, by the Contractor at his own expense. Rejected materials shall immediately 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 judgement of the Engineer, shall be equitable. The Contractor expressly warrants that his work shall be free from any defects in materials or workmanship, and agrees to correct any defects which may appear within one year following the date of the final certificate. Neither the acceptance of the completed work nor payment therefore shall operate to release the Contractor or his sureties from any obligations under or upon this Contract or the Performance Bond. 19. 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 judgement 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 to defective 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-16 1-1 4 HOLZMACHER, MCLENDON 6 MURRELL, P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTI CONTRACT - CONT' D. 20. THE TOWN'S RIGHT TO STOP WORK OR TERMINATE CONTRACT: IF, (a) The Contractor shall be adjudged bankrupt or make in 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-17 HOLZMACHER, MCLENDON & MURRELL. P.C. / H2M CORP. WNIULTINO WGINUAf AND ENVIRDNMURAL scle"If" 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. 21. 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. 9.2.. 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-18 HOLZMACHER, McLENDON 6 MURRELL. P.C. / H2M CORP. CONSULTINO CNOINUAi AND 1XVIRONMUffAL SCIQITIEn CONTRACT - CONT'D. 23. 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. +24• 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. 25. 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. 26. 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-19 HOLZMACHER, MkLENOON 6 MURRELL, P.C. / H2M CORP. CONSULTING 0401MURS AND ENVIIIONMOdTAb SCICNTIM CONTRACT - CONT'D. w (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 10 1 r (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-20 HOLZMACHER, MCLENDON 6 MURR" P.C. / H2M CORP. 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. N TOWN OF SOUTHOLD BY: (TOWN SEAL) William R. Pell III, Supervisor Contractor BY: (SEAL) TITLE: STATE OF NEW YORK) ) ss: COUNTY OF SUFFOLK) On the day of_ , 1981 , before me personally 1 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 , 1981 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. `'l NOTARY PUBLIC C-21 A 4 Y H02MACHER, MCLEN00N 3 MURRELL. P.C. / H2M coat. CONSULTING ENOINEEM ANO ENVIRONMpiTAL SCIUMSU CONTRACT - CONT'D. ACKNOWLEDGMENT OF CONTRACTOR, IF A CORPORATION STATE OF NEW YORK) ) SS: COUNTY OF ) On this day of 1981 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 seat 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 81, 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. C-22 NOTARY PUBLI a HOLZMACHER, McLEND©N & MURRELL, P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS GENERAL SPECIFICATIONS TOWN OF SOUTHOLD FURNISH AND DELIVER LUMINAIRES 0.1 SCOPE Under this contract, the contractor shall furnish and deliver to the Town of Southold Highway Department Yard on Peconic Lane, luminaire type highway lighting fixtures and equipment, as described in the Technical Specifications of this contract. 0.2 INTENT It is the intent of this contract. to provide first to the Town of Southold, free of defects, whether said red during manufacture, transport to the Southold Town Yard, or unloading at the Town Highway Department Yard. 0.3 GENERAL CONDITIONS quality equipment defects are incur - Highway Department The equipment to be provided under this contract shall be new, standard production models of the latest design in current production and manufactured in the U.S.A. All materials shall be of good commercial quality for the intended service, and shall be produced by use of current manufacturing processes. All materials shall be treated to resist rust, corrosion, and wear. All equipment supplied under this contract shall be suitable, by manufacturer's specifications, for use under climatic conditions, both typical and extreme, which occur in the Town of Southold. Bidders must submit with their bid the latest printed specifications and advertising literature on the fixtures, lamps, and devices which they propose to furnish. Bidders shall supply three parts books, three service and repair manuals, and three operators manuals to the TOWN OF SOUTHOLD HIGHWAY DEPARTMENT when the fixtures are delivered. GS -1 I% HOLZMACHER, MCLENDON & MURREU, P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS GENERAL SPECIFICATIONS (CONT'D.) GUARANTEE AND WARRANTY The bidder shall unconditionally warrant the equipment against defective workmanship or materials for a period of not less than twelve (12) months after the date of delivery and final acceptance. Further, if a defect does occur, the Bidder is solely responsible for any repair 'charges which may incur, including transportatina the ea_uip_ment to and ;from the designated repair location. STANDARDIZATION The DETAILED and General Specifications indicate specific manu- facturers anu- facturers and/or catalog numbers, etc., for the purpose of standardiza- tion within the Town in order to minimize stockpiling of replacement parts. DEFINITIONS 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. GS -2 HOLZMACHER. McLENOON 3 MURRELL. P.C. *ON"T"pMIMM, Ow OOIM W►KSC*WWMM/1A111� TECHNICAL SPECIFICATIONS HOLZMACHER. McLENOON a MURRELL, P.C. ooi+w,�nwo ero.Muu. Hn�orrtMrr rarre�n.w n,�ww ITEM 1 - LUMINAIRES 1.0 SCOPE Under this item, the Contractor shall furnish and deliver luminaire outdoor lighting fixtures, with 50 watt high pressure sodium lamps, photo -receptacles, and photocells, as specified herein, to the Town of Southold Highway Department, located on Peconic Lane, Peconic, N.Y. 1.1 LUMINAIRES The Luminaire shall be a General Electric Company Type M250A Powr/ Door. It shall be precision diecast aluminum and is to be fur- nished complete with Powr/Module assembly to which are mounted the major electrical components for multiple operation including ballast and capacitors. Access to the terminal board and ballast assembly shall be accomplished by the loosening of a single captive screw on the power door. The Luminaire shall contain an internal high power factor reactor ballast rated 120V. The ballast shall be prewired to the lamp socket and terminal board, requiring only connection of the power -supply leads to the terminal board. The entire Powr/Module assembly shall be quickly and easily removable and replaceable through the use of quick -disconnect plugs. The Luminaire shall contain a locking type photoelectric receptacle conforming to EEI-NEMA standards. The receptacle shall be prewired to the terminal boards and quick -disconnect plugs. The optical assembly shall contain an activated -charcoal filter to filter out contaminants in the air as the Luminaire breathes. The prismatic refractor shall be of Acrylic and shall be easily removable by unlatching the refractor door and turning a single refractor -holding clip. The slipfitter shall be capable of adapting to 14" thru 2" pipe size mounting brackets without the need of separate mounting parts or rearrangement of mounting components. Leveling and clamping of the Luminaire to the bracket shall be accomplished by the tightening of two bolts accessible both externally and internally. The reflector shall be secured to the upper housing and shall contain an EPT rubber gasket for sealing between the reflector and refractor. The socket housing shall be securely riveted and sealed to the reflector and shall contain provision for setting the socket in up to twelve positions. LUM-1 t. f�t HOLZMACHER, MCLENOON d MUARELL, P.C. 00""ng6 M µsorwnMmdP "0M ITEM 1 - LUMINAIRES (CONT'D) The horizontal burning Luminaires shall be provided to operate 70 Watt, 100 Watt and 150 Watt High Pressure Sodium Lamps similar to General Electric Lucalox. For standardization, the ballasts shall be designed to operate 55V. Lucalox type lamps. The fixtures supplied shall conform to the following: GENERAL ELECTRIC TYPE M250A POWR/ DOOR CATALOGUE NO. C 728N806 50 watt HPS NPF Reactor 1.2 PHOTOELECTRIC CONTROLS Each luminaire shall be equipped with a standard photoelectric control, suitable for use with the luminaires and photoelectric control receptacles provided under this contract. The photoelectric control housing shall be weatherproof, impact resistant, and provided with a clear window which is crack -resistant, and will not discolor. Photocells shall be included. Photoelectric controls must meet the surge protection, operating levels, operating voltages and contract ratings, specified by the luminaire manufacturer for photoelectric controls used with the luminaires and photoelectric control receptacles provided under this contract. 1.3 LAMPS The contractor shall provide one lamp for each luminaire provided under this contract. Lamps shall be 50 watt high pressure sodium type. They shall be suitable for use with the luminaires and photocontrols specified under this contract, and shall meet with the luminaire manu- facturer's requirements and specifications for 50 watt HPS lamps for the luminaires being provided. 1.4 BASIS OF PAYMENT Payment shall be at the unit price bid per 50 watt HPS luminaire complete with fixture, photoelectric control, photocell and lamp, as specified herein, for the actual number of fixtures ordered by and supplied to the TOWN for any single order. LUM-2 4 HOLZMACHER, McLFNOM 6 MURRELL, P.C. / HZM CORP. WNSULTINO ENGINEERS AND ENVIRONMENTAL KIE?1TISTS LM — 1 I s 2AAHOLZMACHER,McLENDON andMURRELL,P.C. Consulting Engineers. Environmental Scientists and Planners Melville, N.Y. Farmingdale, N.Y. Riverhead, N.Y. TOWN OF SOUTHOLD SUFFOLK COUNTY vrw vnuu CONTRACT AND SPECIFICATIONS FOR FURNISHING AND DELIVERING LUMINAIRE TYPE OUTDOOR LIGHTING FIXTURES TO THE TOWN OF SOUTHOLD PROJECT NO. SOHT 81-02 TOWS: BOARD S�kzpervi -3�)r 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 Raymond C. Dean TOWN CLERK Judith T. Terry FEBRUARY 1982 2AtHOLZMACHER,McLENDON and MURRELL,P.C. Consulting Engineers. Environmental Scientists and Planners Melville, N.Y. Farmingdale, N.Y. Riverhead. N.Y. .I WXZMACHER, McLENDON 6 MURRELL, P.C. / H2M CORP. CONSULTING ENGINELM ANO ENVIRONMENTAL SCIENTIST! I-1 9 HOLZMACHER, MCLENDON & MURRELL, P.C. I H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS 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' prevailing time, on. 1982 at which time and place they will be publicly opened and read for the following contract: FURNISHING AND DELIVERING LUMINAIRE TYPE OUTDOOR LIGHTING FIXTURES TO THE TOWN OF SOUTHOLD Specifications may be obtained on or after± 1982 at the Town Hall and offices of the Consulting Engineers, HOLZMACHER, McLENDON & MURRELL, P.C., 209 West Main Street, Riverhead, New York, 11901, and 125 Baylis Road, Melville, New York, 11747, upon deposit of twenty-five dollars ($25.00) for each set furnished. Deposits for Specifications will be refunded to bidders who return 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 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. DATED:I 1982 BY ORDER OF THE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK JUDITH T. TERRY, TOWN CLERK TOWN OF SOUTHOLD SOUTHOLD, NEW YORK 11971 NB -1 J HOLZMACHER, MCLENDON 6 MURRELL, P.C. I H2M CORP. CONIULTINO ENGINEPS AND ENVIRONMWAL SCIENTIS" INFORMATION FOR BIDDERS BIDS FOR PROJECT The Town of Southold will receive SEALED PROPOSALS for Furnishing and Delivering luminaire type outdoor lighting fixtures to the town of Southold Highway department yard on Peconic Lane. 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 (Prevailing Time, 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 81-02 Proposal for Furnishing and Delivering Luminaire Type Outdoor Lighting Fixtures to the 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. HOl2MACHER, MCLENDON t MURRELL. P.C. / HZM CORP. CONiUMHO MG1kW& AND [MViRDNMCWAL WrNT1378 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 r HOLZMACHER, McLENDON & MURRELL, P.C. I H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS 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 Holz- macher, McLendon & Murrell, P.C., Consulting Engineers, 209 West Main Street, Riverhead, New York, or 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 the work. 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. IB -3 R HOtZMACHEA, McIENWN 3 MURR" P.C. / H?M CW. OONSULTtNQ MOINUAS AND LNVtRONMU"AI KlVMM INFORMATION FOR 131I►DLHS (CONT' 1). ) As the estimates of quantities of items stated in the proposal are approximate only, bidders are required to submit their proposal upon and in the following express conditions, which shall apply and become a part of every proposal received. Each bidder shall fill out, in ink, in both words and figures, in the spaces provided, his unit or lump sum hid, as the case may be, for each item in said Dorm of Proposal for whiCh he is submitting; a bid. No bid will be considered which does not include bids for all itemsin tTe proposal, If the contract is not executed by the Town within forty-five (45) days after the receipt of bids, the obligation of the bidder under this proposal may terminate at his option and he shall there- upon be entitled to a refund of his certified check or release of his bid bond furnished by him as security with his proposal. Il I D RONI) OR CERTIFIED CIILCK Each proposal from a contractor shall be accompanied by a bid bond or certified check on a solvent bank of the State of New York, in the amount of five percent (50) of the total bid. Such check shall be made payable to William R. Pell III, Supervisor, Town of Southold, New York, and the amount thereof shall be the measure of liquidated damages which the Town will sustain by the failure, neglect or refusal of the'bidder to execute and deliver the contract, should the contract be awarded to him. 'file 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 BIDDER Each bidder must state in his proposal, his full name and busi- ness address, and the full name of 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 him. If IB -4 NUIMACHER, MCMDON 6 MURRELI. P -C. / H2M CORR CONSuMNO MOM" AND MV100NMMUL MUMM INFORMATION 1-011 BIDDER ( CONT' l) . ) 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 tl►e work particularly mentioned in his proposal; tl►at it is in all respects without fraud or col lunion, and that no person acting for or employed by the Town is directly or indirectly interested therein, or in the supplies of worm to which it relates, or in any portion of the prospective profits thereof. QUAI.IFTCATIONS 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 siiuilar 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. 1B-5 w - HOLZMACHER, McLENDON 3 MURRELL, P.C. Cd�/lAT1N0 ENOMIEEM. EMyf11pNYEMTl1 ECIEMTNtb �nA �IAEMil1r 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 seven (7) days, Sunday excepted, after the date of notification by mail of the acceptance of his proposal, and there sign the contract in quad- ruplicate for the work and furnish approved security for its performance. 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 commence 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 and in particular to Section 103-a of the General Municipal Law regarding "Waiver of Immunity", as indicated on Page C-20 of the contract. RESPONSIBILITY FOR BIDDER 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 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, and acceptance. Work is required to be completed to the satisfaction of the Engineer and in substantial accordance with the specifications hereunto annexed. IB -6 TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK MMMAACHER, # dEMOOM a MtMRELL, P.C. / NVM CORE- Co""T" VIGINURi ANO gn"W NMQRAL lGE11T M . I 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 . Imade 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 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 bOUTHOLD; .in the Form of Contract accompanying this Hid, to perform all the work required in accordance with 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 4 t MOLZmAC14FA McLENOON i MURRELL, P.C. PROPOSAL-'(CONT'D.) FURNISHING AND DELIVERING LUMINAIRE OUTDOOR LIGHTING FIXTURES ITEM 1A* Furnish and Deliver 50 Watt HPS Luminaire Complete with Fixture Photoelectric Control, Photocell, and Lamp Minimum order - 100 Units Approximately 200 Units SOUTHOLD TOWN HIGHWAY DEPT TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK BID DATE: Price per unit . . . . . . . . . . . ($ ) Dollars TOTAL . . . . . . . . . . . . . . . . . . D. . . ( $ ollars ITEM 1B* Furnish and Deliver 50 Watt HPS Luminaire Complete with Fixture Photoelectric Control, Photocell, and Lam, Minimum order - 1 Unit Approximately 200 Units Price per unit . . . . . . . . . . ( $ ) Dollars TOTAL . . ( $ Dollars TOTAL BASE BID (ITEM lA* ONLY) TOTAL . . . . . . . . . . . . . . . . . ( $ Dollars ALTERNATE TOTAL BID�(ITEM IB* ONLY) TOTAL . . . . . . . . . . . . . . . . . . . .. . . ($ Dollars *ALTERNATE ITEMS - Applicable Alternative item and unit price will be dependent upon the quantity ordered by the TOWN during placement of any one order. PB -1 y HOLZMACHER, McLENDON & MURR" P.C. / NZM CORP. CONSULTING WGGINELM AND tW#IWWMV#TAL 900MSTS _ PROPOSAL — (CONT'D.) FURNISHING AND DELIVERING SOUTHOLD TOWN HIGHWAY DEPT. LUMINAIRE OUTDOOR LIGHTING FIXTURES TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK BID DATE:`: Time for delivery shall be 30 days from Placement of order by the Town of Southold, Superintendent of Highways. NOTE: Prices stated above shall be in effect for orders placed during a period 6 months from the date on which the contract is'executed. FIRM NAME: FIRM ADDRESS: SIGNED BY: TITLE: DATE: I PB -2 PROPOSAL (CONT'D) J 1.2% HOLZMACHER. MCL.ENDON l MURRELL, P.C. WNW" MI dMarftAMVAM Enclose certified check or bid bond for five percent (5%) of the l total bid, as stipulated in the foregoing Information for Bidders. The bidder hereby agrees to enter into a contract within seven (7) 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 on the signing of such contract by him to furnish_ the indemnifying bonds as provided in the Contract. 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 seven (7) days after due notice from the said Town Board as given in accordance with the Information for Bidders, that the bidder's check which is hereiwth 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 residence of all persons and parties interested lin the foregoing bid as principals are as follows: { NAME NAME 4F BIDDER: BUSINESS ADDRESS OF BIDDER: DATED AT: i ADDRESS THE DAY OF PC f !J iiMWCH£A, MCLENOON 6 MURRal. P.C. / H3M CW- WNlULTINO DOGINUMS AMD tMV MMUCRAL 800M619 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 bidder is attached setting forth in detail the reasons therefor: PD MOLZMAO", UdINDOM i MORA" P.C. / ►2M MAP. CONSULTINO LN01NUAa AND t1Vy MMM06TAL SCGORufl INDEMNITY, LIMITATION OF LIABILITY 1. INDEMNITY r 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 frdm 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. f 10/80 ILL 1 of 1 H0UmACHER, McLENOM 3 MURRELL, P.C. / H2M CORP. CONSULTING ENGINEERS ANO ENVIRONMENTAL 9CIENT'STS CONTRACT 1 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: 3 i This Contract is hereby awarded to the Contractor for the material called for under his bid in the Proposal section of the Contract and designated as Items: for the sum of: a Dollars for the unit and/or lump sum price(s) as listed in the Proposal herein. C-1 r It 1 WXZMACHER, MCLfNDON 6 MURK" P.C. / H2M CO". C0NSULInNG EN41M ERS ANO ENVINONMENTAL SCIS MS" 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. Iu 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 HOLZMACHEA, McLENDON ` MURRELL. P.C. / H2M CORP. CONSULTING irGINUM AND 1"WNM0+TAI SCIDMIn CONTRACT - CONT'D. i NOTICE - The term "Notice", as used herein, shall mean and include written notice. Written notice shall be deemed to have r 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 i to the Contractor for any extra work, as so ordered, shall be 1� determined as follows: C-3 MOLZMACHER. McIENDON i MURK" R.C. / HZM CORP. CokSULTINO 04411 LRS AND #NVIROMMOML KIID I" 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. C-4 r i f 1 HWMACHER, MCLENDON b MURRELL. P.C. / H2M CORP. CONSULTING ENGINEEAs AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT'D. 5. CONTRACT SECURITY (a) The Contractor shall furnish a Performance Bernd 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. 6• 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-5 w V HOLZMACHER, McLENGON 6 MURRELL. P.C. / H2M CORP. CONStJ M0 MINUAS AND ENY1110NMDd'rAL SCICRTIS" 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 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-6 HOLZMACHER, MCLENDON 6 MURRELL. P.C. / H2M CORP. CONsuvnma ENGINELM AND ENVIRONMENTAL OCIWISTI 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-7 r +. HOLZMACHEA. MCLENOON 6 MURR" P.C. / HN CORS. CONSULTING "NUR4 ANO INVIRONMaTAL SCI M M COWRACT - 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. 7. 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 6-- 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, aid 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-8 y11% HOLZMACHER, MClFNDOM a MURR" P.C. I H2M CORP. Conwlrn+o fW4JId M AMO 9WOOMMGMTAL SCID S" CONTRACT - CONT'D. 8• 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-9 1 HOLZMACHER, McLEN00N 6 MURRELL, P.C. / H2M CORP. CONWLTING 044IM MS ANO OMMONMOOTAL WMT M 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 deviation 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 paid, as shall be designated by the Industrial Commissioner, to the laborers employed in the performance of the Contract, either by the Contractor, subcontractor or other person doing or contracting to do the whole or part of the work contemplated by the Contract, and the Contract shall contain a stipulation that such laborers shall be paid not less than such hourly minimum rate of wage. Any person or corporation that willfully pays C-10 I HOLZMACHER. MILE DM i MURREII. M / H3M CW. oo+wut ING EMOAI904 AND tM POMMWTAL IQUMSM 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. 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-11 H0LZMACHER, IMcL,ENWN 6 MURRELL. P.C. I H2M CORP. C0NSULrINO 0o0 muns AMO LNVIxoNmonAL scumsm CONTRACT - CONT'D. 9• 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 h-,indi- capped persons, otherwise employable, where each person may be safely assigned to work which they can ably perform. 10. 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. C-12 r r HOLZMACHER, MCLENDON & MURRELL, P.C. COWMT1M6 JbIGO M fNV/IOp"UTAL 9C7 W"M Mad R.ANMEM CONTRACT - (CONT'D) 11. ESTIMATES AND PAYMENTS (a) For each order, the Town will pay the Contractor an amount equal to seventy-five percent (75%) of the bid price within thirty (30) days after delivery of the equipment. The Contractor shall re- ceive the remaining twenty-five percent (25%) of the bid price within ten (10) days after the Town receives payment form the New York State Department of Transportation. 12. 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 iwth 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 payment is improperly delayed. No payment, however, final or other- wise, shall operate to release the Contractor or his sureties from any obligations under this Contract. 13. 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 construction is carried on. Without additional charge, the Contractor shall furnish promptly all reasonable facilities, labor and materials necessary 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 examination of any portion of the work already completed, by removing or tearing out the same, the Contractor shall, upon request, furnish promptly all necessary facilities, labor and materials for such examination. If such work is found to be defective in any material respect, due to the fault of the Contractor or any subcontractor, or if any work shall be covered over without the approval or consent of the Engineer, whether or not the same shall be defective, the Contractor shall be liable for the 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 Con- tractor shall be recompensed for the expense of such examination and reconstruction in the manner herein provided for the payment of costs of extra work. C-13 F �w N EmHOLZMACHER, McLENDON 3 MURRELL, P.C. Wsdwwa 1POGWO 11 Wvecome iW scomfon M PL#J" N CONTRACT (CONT'D) The selection of laboratories and/or agencies for the inspection and tests of supplies, materials or equipment shall be subject to the approval of the Engineer. Satisfactory documentary evidence that the material has passed the required inspection and test must be furnished the Engineer prior to the incorporation 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. 14. CONTRACTOR'S TITLE TO MATERIALS No material or supplies for th- work shall be purchased by the Contractor or by the 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. 15. PATENT RIGHTS As part of his obligation hereunder and without any additional compensation, the Contractor will pay for any patent fees or royalties required in respect to•,the work or any part thereof and will fully indemnify the 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-14 I • HOLZMACHER. MCLENDON a MURREU., P.C. / HIAA CMP. CONSULTING MOINE Mi AND ENVINONMINTAL SGENTIM CONTRACT - CONT'D. 16. 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 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. 17. 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 allather 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-15 s K - ► HOLZMACHER, MCLENOON & MURRELL, P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT'D 18. CORRECTION OF WORK All work and all materials, whether incorporated into the work or not, all processes of manufacture and all methods of construction shall be, at all times and places, subject to the inspection of the Engineer who shall be the final judge of quality, materials, processes of manufacture and methods of construction suitable for the purpose for which they are used. Should they fail to meet his approval they shall be forthwith reconstructed, made good and replaced and/or corrected as the case may be, by the Contractor at his own expense. Rejected materials shall immediately 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 judgement of the Engineer, shall be equitable. The Contractor expressly warrants that his work shall be free from any defects in materials or workmanship, and agrees to correct any defects which may appear within one year following the date of the final certificate. Neither the acceptance of the completed work nor payment therefore shall operate to release the Contractor or his sureties from any obligations under or upon this Contract or the Performance Bond. 19. 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 judgement 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 to defective 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-16 ft HOLZMACHER, MdENOON & MURRELL. P.C. ) H2M CWP. CONSULMO QIGI"UN ANO 1XVIRONMOITAL KIOMM CONTRACT - CONT'n. 20. THE TOWN'S RIGHT TO STOP WORK OR TERMINATE CONTRACT: IF, (a) The Contractor shall be adjudged bankrupt or make an assignment for the benefit of creditors, or (b) A receiver or liquidator shall be appointed for the Contractor for any of his property and shall not be dismissed within 20 days after such appointment, or the proceedings in connection therewith shall not be stayed on appeal within the said 20 days, or (c) The Contractor shall refuse or fail, after notice or warning from the Engineer, to supply enough properly skilled workmen or proper materials, or (d) The Contractor shall refuse or fail to prosecute the work or any part thereof with such diligence as will insure its completion within the 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-17 HOIZMACHER, MCU NOON b MiRR" F.C. I HZM CORP, CONSUMMO 04MIO N AMO IWIRCWMUML KIEM ST{ CONTRACT - CONT'D. If such expense shall exceed the unpaid balance, the Contractor f 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. 21. 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. 9,2.. 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- HOLZMACHER, MCLENDON a MURRELL. P.C. / H2M CORP. CONSULTINO LNOINUM AMO ENV1WWM0dTAL SCIENT16n CONTRACT - CONT'D. 23. SUITS AT LAW E 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. i4• 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. • -1 25. 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. 26. 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-19 r NCLZMACHER. MCLENDON & MURRELL. P.C.1 H2M CORP. OOMUMNO MOINCVW ANO ENVInQMMOdtAL *CltNTj$n CONTRACT - CONT'D. (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-20 HOLZMACHER. MCLENOM a MURREt.I. P.C. / H2M CORP. COMSUITINQ EMOINUAS AND i/WIRQNMENTAL KIENTISTS 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 , 1981 , 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 , 1981 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 NCLZMACNER, McLENDON b 1MURR" P.C. / ► M C40Rl. CONSULTING 040MUM AMC ENVIRONi104TAL SCaENT M CONTRACT - CONT'D. ACKNOWLEDGMENT OF CONTRACTOR, IF A CORPORATION STATE OF NEW YORK) ) SS: COUNTY OF ) On this day of 1981 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 81,. 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. • s NOTARY PUBLIC l C-22 Y. HWMACHER, McIENDON & MURRELL, P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS GENERAL SPECIFICATIONS TOWN OF SOUTHOLD FURNISH AND DELIVER LUMINAIRES 0.1 SCOPE Under this contract, the contractor shall furnish and deliver to the Town of Southold Highway Department Yard on Peconic Lane, luminaire type highway lighting fixtures and equipment, as described in the Technical Specifications of this contract. 0.2 INTENT It is the intent of this contract to provide first quality equipment to the Town of Southold, free of defects, whether said defects are incur- red during manufacture, transport to the Southold Town Highway Department Yard, or unloading at the Town Highway Department Yard. 0.3 GENERAL CONDITIONS The equipment to be provided standard production models of the manufactured in the U.S.A. under this contract shall be new, latest design in current production and All materials shall be of good commercial quality for the intended service, and shall be produced by use of current manufacturing processes. All materials shall be treated to resist rust, corrosion, and wear. All equipment supplied under this contract shall be suitable, by manufacturer's specifications, for use under climatic conditions, both typical and extreme, which occur in the Town of Southold. Bidders must submit with their bid the latest printed specifications and advertising literature on the fixtures, lamps, and devices which they propose to furnish. Bidders shall supply three parts books, three service and repair manuals, and three operators manuals to the TOWN OF SOUTHOLD HIGHWAY DEPARTMENT when the fixtures are delivered. GS -1 r V HOLZMACHER, McLENDON & MURRELL, P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS GENERAL SPECIFICATIONS (CONT'D.) GUARANTEE AND WARRANTY The bidder shall unconditionally warrant the equipment for a period of not less than twelve (12) months after the date of final certificate. The Guarantee Bond shall remain in effect during this period as an assurance to the Town that the warranty will be followed. Further, if a defect does occur, the Bidder is solely responsible for any repair charges which may incur, including transporting the equipment to and from the designated repair location. 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. DEFINITIONS 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. GS -2 HOLZMACHER, McLENDON 6 MURRELL, P.C. / HZM CORP. CONSULTING ENGINEER! AND ENVIRONMENTAL SCIENTISTS y TECHNICAL SPECIFICATIONS kw v V U244HOLZMACHER, MCLENDON 6 MURRELL, P.C. OotMAT*4 [MOM UW IWI A *OMKTY. SdEWS'M WW KAMMM ITEM 1 - LUMINAIRES 1.0 SCOPE Under this item, the Contractor shall furnish and deliver luminaire outdoor lighting fixtures, with 50 watt high pressure sodium lamps, photo -receptacles, and photocells, as specified herein, to the Town of Southold Highway Department, located on Peconic Lane, Peconic, N.Y. 1.1 LUMINAIRES The Luminaire shall be a General Electric Company Type M250A Powr/ Door or equal. It shall be precision diecast aluminum and is to be fur- nished complete with Powr/Module assembly to which are mounted the major electrical components for multiple operation including ballast and capacitors. Access to the terminal board and ballast assembly shall be accomplished by the loosening of a single captive screw on the power door. The Luminaire shall contain an internal high power factor reactor ballast rated 120V. The ballast shall be prewired to the lamp socket and terminal board, requiring only connection of the power -supply leads to the terminal board. The entire Powr/Module assembly shall be quickly and easily removable and replaceable through the use of quick -disconnect plugs. The Luminaire shall contain a locking type photoelectric receptacle conforming to EEI-NEMA standards. The receptacle shall be prewired to the terminal boards and quick -disconnect plugs. The optical assembly shall contain an activated -charcoal filter to filter out contaminants in the air as the Luminaire breathes. The prismatic refractor shall be of Acrylic and shall be easily removable by unlatching the refractor door and turning a single refractor -holding clip. The slipfitter shall be capable of adapting to 14" thru 2" pipe size mounting brackets without the need of separate mounting parts or rearrangement of mounting components. Leveling and clamping of the Luminaire to the bracket shall be accomplished by the tightening of two bolts accessible both externally and internally. The reflector shall be secured to the upper housing and shall contain an EPT rubber gasket for sealing between the reflector and refractor. The socket housing shall be securely riveted and sealed to the reflector and shall contain provision for setting the socket in up to twelve positions. LUM-1 i v t ilj� HOLZMACHER, MCLENOON & MURRELL, P.C. ITEM 1 - LUMINAIRES (CONT'D) The horizontal burning Luminaires shall be provided to operate 70 Watt, 100 Watt and 150 Watt High Pressure Sodium Lamps similar to General Electric Lucalox. For standardization, the ballasts shall be designed to operate 55V. Lucalox type lamps. The fixtures supplied shall conform to the following: GENERAL ELECTRIC TYPE M250A POWR/ DOOR CATALOGUE NO. C 728N806 50 watt HPS NPF Reactor 1.2 PHOTOELECTRIC CONTROLS Each luminaire shall be equipped with a standard photoelectric control, suitable for use with the luminaires and photoelectric control receptacles provided under this contract. The photoelectric control housing shall be weatherproof, impact resistant, and provided with a clear window which is crack -resistant, and will not discolor. Photocells shall be included. Photoelectric controls must meet the surge protection, operating levels, operating voltages and contract ratings, specified by the luminaire manufacturer for photoelectric controls used with the luminaires and photoelectric control receptacles provided under this contract. 1.3 LAMPS The contractor shall provide one lamp for each luminaire provided under this contract. Lamps shall be 50 watt high pressure sodium type. They shall be suitable for use with the luminaires and photocontrols specified under this contract, and shall meet with the luminaire manu- facturer's requirements and specifications for 50 watt HPS lamps for the luminaires being provided. 1.4 BASIS OF PAYMENT Payment shall be at the unit price bid per 50 watt HPS luminaire, complete with fixture, photoelectric control, photocell and lamp, as specified herein, for the actual number of fixtures ordered by and supplied to the TOWN for any single order. LUM-2 HOIZMACHER, MCLENDON & MURR" P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL 'SCIENTISTS LM - 1 HOLZMACHER,McLENDON and MURRELL,P.C. Consulting Engineers. Environmental Scientists and Planner Melville, N.Y. Farmingdale, N.Y. Riverhead, N.Y June 15, 1982 Mr. William H. Spitz Holzmacher, McLendon & Murrell, P.C. 125 Baylis Road Melville, New York 11747 Dear Mr. Spitz: Town Hall, 53095 Main Road P.O. BOX 728 Southold, New York 11971 TELEPHONE (516) 765-1801 Transmitted herewith is executed contract between the Town of Southold and Nassau Electric East, Inc. for furnishing and delivering luminaire type outdoor light- ing fixtures to the Town of Southold. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure �- "� ;;55yy�� ti JUDITH T. TERRY ,v TOWN CLERK REGISTRAR or VITALS1 Al ISFICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 15, 1982 Mr. William H. Spitz Holzmacher, McLendon & Murrell, P.C. 125 Baylis Road Melville, New York 11747 Dear Mr. Spitz: Town Hall, 53095 Main Road P.O. BOX 728 Southold, New York 11971 TELEPHONE (516) 765-1801 Transmitted herewith is executed contract between the Town of Southold and Nassau Electric East, Inc. for furnishing and delivering luminaire type outdoor light- ing fixtures to the Town of Southold. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure �- "� 6 NASSAU EAST DISTRIBUTORS CO. DIVISION OF SHORE TO SHORE ELECTRICAL SUPPLY CORP. RECEIVED JUN 2 1982 Hay 20, 1982 Town Cleric Seulheid Town of Southold Town Hall Southold, NY 11971 re: contract for furnishing and delivering Luminaire type outdoor lighting fixtures to the Town of Southold Gentlemen: -467 P. O. BOX 500 1595 OCEAN AVENUE BOHEMIA, N.Y. 11716 (516)567-3377 idassau Electrical Fast herewith accepts and agrees to sell and deliver to the Town of Southold material as described in the above contract. Nassau Electrical mast states and makes a part of aforesaid contract that it is not a contractor and does not perform nor is it responsible to perform any work in connection with the installation of the material contracted for. Nassau Electrical East states further that it is not responsible for the performance of any outside contractor or employees of the Town of Southold or any other persons who might from time to time have reason to be in any way involved with the contracted material. Very truly o s, Je us ig President -' r JUDITH T. TERRY r TOWN CLERK 'Y " REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 11, 1982 Mr. Dennis Kane Nassau Electric East Corp. P. 0. Box 500 1595 Ocean Avenue Bohemia, New York 11716 Dear Mr. Kane: Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 In accordance with our telephone conversation of this date, I am enclosing a copy of the Contract for furnishing and delivering luminaire type outdoor lighting fixtures to the Town of Southold. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure 0 0 u2J4 HOLZMACHER, McLENDON and MURRELL, P.C. • CONSULTING ENGINEERS, ENVIRONMENTAL SCIENTISTS and PLANNERS . RAY,1 CLAD VEL`,11Li F N May 7, 1982 Judith T. Terry, Town Clerk Town of Southold Town Hall 5305 Main Road Southold, NY 11971 Re: Town of Southold Town Wide Lighting SOHT 81-02 Dear Ms. Terry: Pursuant to your request, we are enclosing herewith conformed copies of the Contract for the above -referenced project. We have instructed the successful bidder, Nassau Electric East Corp., to contact your office to arrange a meeting for the signing of the Contract. If you have any questions regarding this or any other aspect of this project, please do not hesitate to contact our office. Very truly yours, HOLZMACHER, McLENDO & MURRELL, P.C. i iam H Spitz WHS/dh cc: Supervisor William R. Pell Raymond C. Dean, Supt. of Hwys. Town Board --� Melville, New York • Farmingdale, New York 0 Riverhead, New York UZ4 HOLZMACHER, McLENDON and MURRELL, P.C. * CONSULTING ENGINEERS, ENVIRONMENTAL SCIENTISTS and PLANNERS 125 BAYLIS ROAD MELVILLE N Y. 11747 e 516-752-9060 May 7, 1982 Mr. Dennis P. Kawe Nassau Electric East Corp. 1595 Ocean Avenue Bohemia, NY 11716 Re: Town of Southold Town Wide Lighting SOHT 81-02 Dear Mr. Kawe: As you are aware, the Town of Southold has awarded your firm the supply contract for the above -referenced project, at a unit price of $125 per lighting fixture supplied. The contract documents have been delivered to Judith T. Terry, Town Clerk, and you may call Ms. Terry at (516) 765- 1800 to make arrangements to sign these documents. At that time, you should, of course, bring the required insurance certificates. If you have any questions concerning this project, please do not hesitate to contact our office. Very truly yours, HOLZMACHER, McLENDON & MURRELL, P.C. William H. Spitz WHS/dh cc: Supervisor William R. Pell Judith T. Terry, Town Clerk Raymond C. Dean, Supt. of Hwys. Town Board Melville, New York • Fa mingdele, New York • Riverhead, New York Z44 HOLZMACHER, McLENDON and MURRELL, P.C. a CONSULTING ENGINEERS, ENVIRONMENTAL SCIENTISTS and PLANNERS 125 BAYLIS ROAD: MELVILLE, N Y. 1174 e 516-752-9060 RECEIVED May 7, 1982 MAY 10 1982 Town Clerk Southold Judith T. Terry, Town Clerk Town of Southold Town Hall 5305 Main Road Southold, NY 11971 Re: Town of Southold Town Wide Lighting SOHT 81-02 Dear Ms. Terry: Pursuant to your request, we are enclosing herewith conformed copies of the Contract for the above -referenced project. We have instructed the successful bidder, Nassau Electric East Corp., to contact your office to arrange a meeting for the signing of the Contract. If you have any questions regarding this or any other aspect of this project, please do not hesitate to contact our office. Very truly yours, HOLZMACHER, McLENDON & MURRELL, P.C. illi`am H. Spitz WHS/dh cc: Supervisor William R. Pell Raymond C. Dean, Supt. of Hwys. Town Board Melville, New York • Farmingdale. New York • Riverhead, New York G w __. '` '1%, 0 0 UZ4 HOLZMACHER, McLENDON and MURRELL, P.C. • CONSULTING ENGINEERS, ENVIRONMENTAL SCIENTISTS and PLANNERS 125 EAYLIe►EGEWWVILLE NY 11747 • 516-752-9060 MAY i U 198? Town Clerk Southold Mr. Dennis P. Kawe Nassau Electric East Corp. 1595 Ocean Avenue Bohemia, NY 11716 Dear Mr. Kawe: May 7, 1982 Re: Town of Southold Town Wide Lighting SORT 81-02 As you are aware, the Town of Southold has awarded your firm the supply contract for the above -referenced project, at a unit price of $125 per lighting fixture supplied. The contract documents have been delivered to Judith T. Terry, Town Clerk, and you may call Ms. Terry at (516) 765- 1800 to make arrangements to sign these documents. At that time, you should, of course, bring the required insurance certificates. If you have any questions concerning this project, please do not hesitate to contact our office. Very truly yours, HOLZMACHER, McLENDON & MURRELL, P.C. William H. Spitz I%THS/dh cc: Supervisor William R. Pell Judith T. Terry, Town Clerk Raymond C. Dean, Supt. of Hwys. Town Board Melville, New York • Farmingdale. New York • Riverhead. New York JUDITH T. TERRY To%rN CLERK REGISTRAR OP VITAL ST \I ISIICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 5, 1982 Mr. William H. Spitz Holzmacher, McLendon & Murrell, P.C. 125 Baylis Road Melville, New York 11747 Dear Mr. Spitz: Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 The Southold Town Board at a regular meeting held on May 4, 1982 adopted the following resolution concerning the bid for street lighting fixtures: RESOLVED that the Town Board of the Town of Southold accept the bid of Nassau Electric East Corp., Bohemia, New York for furnishing and delivering luminaire type outdoor lighting fixtures to the Town at a cost of $125.00 per unit. Per your request of this date,I am enclosing a copy of the bid of Nassau Electric East Corp. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure $25.00 REFUNDABLE DEPOSIT CONTRACT & SPECIFICATIONS FOR FURNISHING & DELIVERING LUMINAIRE TYPE OUTDOOR LIGHTING FIXTURES 1. Muirflpld Contracting, Inc., 16 Heath Place, Garden City, N.Y.11530 3. Es 5. 7. NOTICE TO BIDDERS NOTICE IS HEREBY GIV- EN that SEALED BIDS will be received by the Town Clerk of the Town of Southold at the Town Hall, Main Road, South- old, New York, until 11:00 A.M. prevailing time, on April 1, 1982 at which time and place they will be publicly opened and read for the following contract: FURNISHING AND DELIVERING LUMINAIRE TYPE OUTDOOR LIGHTING FIXTURE TO THE TOWN OF SOUTHOLD Specifications may be ob- tained on or after March 18, 1982, at the Town Hall and offices of the Consulting En- gineers, HOLZMACHER, Mc- LENDON & MURRELL, -P.C., 209 West Main Street, River- head, New York, 11901, and 125 Baylis Road, Melville, New York, 11747, upon de- posit of twenty-five dollars ($25.00) for each set fur- nished. Deposits for Specifications will be refunded to bidders who return 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 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 1T-3/18/82(81) COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER -WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler -Watch- man once each week for ................... \................... weeks successively, commencing on the......�.S ....................... day ,of*...... `.'� .........—.................. 19...?. e Sworn to before me this .............. ............. day of ......... I .... D ...... ". ? .......... 193. No ary u- c. FEGGY i WWTE. Nr_ 1aRY PUBLIC, State of 'Lew Y,,.* No. 4728113 Qualified in Suffolk County (� Cc:mmission Expires March 30, 191 successively, commencing on the ..... N�....................... day~ - ......... 05 .................., 19 Sworn to before me this .............. ..!............. day of D\..!.'. ........., 19 <4 (D-Jc- ............... C........................................... No ary ublic PEGGY J. WHITE NOTARY PUBLIC, State of New York No. 4728113 Qualified in Suffolk County p Commission Expires March 30, 19 O ill Legal Notices 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 April 1, 1982 at which time and place they will be publicly opened and read for the follow- ing contract: FURNISHING AND DELIVERING LUMINAIRE TYPE OUTDOOR LIGHTING FIXTURES TO THE TOWN OF SOUTHOLD Specifications may be obtained on or after March 18, 1982 at the Town Hall and offices of the Consulting Engineers, HOLZMACHER, McLENDON & MURRELL, P.C., 209 West Main Street, Riverhead, New York, 11901, and 125 Baylis Road, Melville, New York, 11747, upon deposit of twenty-five dollars ($25.00) for each set furnished. Deposits for Specifications will be refunded to bidders who return 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 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: March 11, 1982 1TM18-3902 successively commencing on the .....18th..... , day of .March - ,�--49. . ...... .... . . ................. Sworn to before me this .... day of . March ..........+. 19.82. 1 .......... ? ..�... A - .. ..... HE! _` K DE VPE NOTARY PL cf �f hiaht[r.4 COUNTY OF SUFFOLK, 1 STATE OF NEW YORK. J ss: .boy GstaysQn . .............. being duly Swornff says that .. ... is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published at Greenportm in said county; and that the notice, of which the annexed is a printed copy, las been published in the said Suffolk Weekly Times once in each week, for . . QUA ..................... weeks 18th successively commencing on the ..... • • ... day of . Mar..... 9.. V. Sworn to before me this day of . Maxeh........... 19.82• 1 .. ..... ........... HELEN K. DE VCE NOTARY PUBLIC, State of New York No. 4707878, Suffolk County Term Expires March 30, 19-9.3 successively commencing on the ..... Rtl�................ day of ..... March 9. 2 ., .�, ... `................... . Sworn to before me this .. 1 th ! day of .. .March........ 19.82. ! // .............. .. .^! V/�(-:....... NEI k; n V 0 E N91ARY" Pi1F(JC, S±aie ^f Nese York No 470787$, Suffolk Cour;iY a_ er Ex;:ra f: arci 3+i..fy OUTDOOR LIGHTING return Specifications within ten (10) days in good condition;. to reject any or all bids, to waive any informalities and to Legal Notices FIXTURES TOFIXTUR S_ other deposits will either be partially or not refunded if the accept such alternate bid which, in the opinion of the NOTICE TO BIDDERS SOUTHOLD Specifications may be Specifications have not been in good condition Town Board, will be in the best interests of the Town. NOTICE IS HEREBY GIVEN that SEALED BIDS obtained on or after March 18, 1982 at the Town Hall and returned within thirty (30) days after BYORDEROF THE TOWN OF SOUTHOLD will be received by the Town Clerk of the Town of Southold offices of the Consulting HOLZMACHER, bids Each Prenosal Each Proposal must SUFFOLKCOUNTY, NEW YORK at the Town Hall, Main Road, Engineers, McLENDON & MURRELL, ed accompanied by a certified or bid bond in the JUDITHT.TERRY, Southold, New York, until 11:00 A.M. prevailing time, on P.C., 209 West Main Street, Riverhead, New York, 11901, check amount of five percent (5%) of TOWNCLERK TOWN OF SOUTHOLD April 1, 1982 at which time and and 125 Baylis Road, Melville, the total bid, made payable to William R. Pell, III, SOUTHOLD, NEW YORK place they will be publicly opened and read for the follow- New York, 11747, upon deposit twenty-five dollars ( $25.00) Supervisor, Town of Southold, 11971 DATED: March 11, 1982 ingcontract: of for each set furnished. as set forth in the Information to Bidders. 1TM18-3902 FURNISHING AND DELIVERING Deposits for Specifications be refunded to bidders who The Town reserves the right LUMINAIRE TYPE will Wpy, aas peen published in the said Suffolk Weekly Times once in each week, for ... .... p11e ................. weeks successively commencing on the ..... Rtl�................ day of ..... March 9. 2 ., .�, ... `................... . Sworn to before me this .. 1 th ! day of .. .March........ 19.82. ! // .............. .. .^! V/�(-:....... NEI k; n V 0 E N91ARY" Pi1F(JC, S±aie ^f Nese York No 470787$, Suffolk Cour;iY a_ er Ex;:ra f: arci 3+i..fy COUNTY OF SUFFOLK. 1 STATE OF NEW YORK. � SS: Troy Gustayson ..... . ................ .............. being duly Sworn, says that ...he.. , is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published at Greenport, in said county; and that the notice. of which the annexed is a printed copy, has been published in the said Suffolk Weekly Times once in each week, for . ... ane ................. weeks successively commencing on the .....1$t1a................ day of ..... March 9. 2 Sworn to before me this 1 th , . . day of .. .N. 4370h ........ 19. $?. ) / .............. ..!1 .' ...c. V/......... . HELFN R.DEVOE WTARY PUBLIC, State of New York No. 4707878, Suffolk County Term Expires March 30, •isv • 0 HOLZMACHER, McLENDON and MURRELL, P.C. • CONSULTING ENGINEERS, ENVIRONMENTAL SCIENTISTS and PLANNERS Town Clerk Judith Terry Town of Southold Town Hall Main Road Southold, NY 11971 Dear Mrs. Terry: March 15, 1982 RECEIVED Town Clerk Southold Re: Townwide Lighting SOHT 81-02 Per your request, we are enclosing herewith eight (8) copies of CONTRACT AND SPECIFICATIONS FOR FURNISHING AND DELIVERING LUMINAIRE TYPE OUTDOOR LIGHTING FIXTURES TO THE TOWN OF SOUTHOLD. The enclosed Contract and Specifications have been up -dated and modified in accordance with the Town Attorney, Robert Tasker's requests. If you have any questions regarding the enclosed, please do not hesitate to contact our office. Very truly yours, HOLZMACHER, McLENDON William H. 'Spitz WHS/dh Encs. cc: Supervisor William R. Pell III Town Board Supt. of Hwys. Raymond C. Dean Robert Tasker, Esq. Melville, New York • Farmingdale, New York • Riverhead, New York & MURRELL, P.C. 0 l , HOLZMACHER, McLENDON and MURRELL, P.C. • CONSULTING ENGINEERS, ENVIRONMENTAL SCIENTISTS and PLANNERS _ ifi'11F�D_►' Town Clerk Southold Town Clerk Judith T. Terry Town of Southold Town Hall Main Road Southold, NY 11971 Dear Mrs. Terry: March 11, 1982 Re: Town Wide Lighting SOHT 81-02 DG This is to confirm our telephone conversation this morning wherein the following dates were set in the above - referenced matter: Advertisement for Bidders - March 18, 1982 Receipt of Bids - 11 A.M., April 1, 1982 We will be forwarding copies of the Specifications to your office early next week. If you have any questions regarding this matter, please do not hesitate to contact our office. Very truly yours, HOLZMACHER, MCLENDON & MURRELL, P.C. William HZ Spitz WHS/dh cc: Supervisor William R. Pell, III Town Board Supt. of Hwys. Raymond C. Dean Robert Tasker, Esq. Melville, New York • Farmingdale, New York • Riverhead, New York 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 11th day of March 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, Main Road, Southold, New York 11971 Notice to Bidders - Furnishing and Delivering Luminaire Type Outdoor Lighting Fixtures to the Town of Southold. Bid Opening: 11:00 A.M. - April 1, 1982 Judi_T. Terry Southold Town Clerk Sworn to be before me this 11th day of March 1982 Notary Public ILIZA84TH ANN NEVILLR NMRY PUBLIC, State of New Yw* No. 92.8125850, Suffolk Cou Turn Expires March 30, 19., `X i i i i, i' H r 1 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, until11:00 A.M. prevailing time, on April 1, 1982 at which time and place they will be publicly opened and read for the following contract: FURNISHING AND DELIVERING LUMINAIRE TYPE OUTDOOR LIGHTING FIXTURES TO THE TOWN OF SOUTHOLD Specifications may be obtained on or after4, March 18, 1982 at the Town Hall and offices of the Consulting Engineers, HOLZMACHER, McLENDON & MURRELL, P.C., 209 West Main Street, Riverhead, New York, 11901, and 125 Baylis Road, Melville, New York, 11747, upon deposit of twenty-five dollars ($25.00) for each set furnished. Deposits for Specifications will be refunded to bidders who return 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 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:!March 11, 1982 WHEREAS, the Town is presently engaged in the purchase, installation and maintenance of a streetlighting system in the public streets and public places in the Town, and WHEREAS, approximately 250 of said streetlights heretofore purchased and installed were manufactured and supplied by the General Electric Company, and WHEREAS, as a result thereof spare parts and equipment were also purchased from General Electric Company to maintain streetlights, and WHEREAS, the component parts of said General Electric Company fixtures are interchangeable with the several types and sizes of other General Electric Company light fixtures, and WHEREAS, the Town employees charged with the duty of installing and maintaining the streetlighting equipment have been trained to repair and maintain General Electric Company streetlighting facilities, and x WHEREAS, by reason of the foregoing, this Board believes that it would be more efficient and economical to standardize purchase contracts for streetlighting fixtures to streetlighting equipment manufactured by the General Electric Company, NOW, THEREFORE, IT IS RESOLVED that the purchase of streetlighting fixtures for the Town of Southold be standardized by the purchase of General Electric Company streetlighting fixtures. JUDITH T. TERRY TOWN CLERK REGISTRAR OE VITAL STA I ISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 February 11, 1982 Mr. William E. White, Secretary Babylon Electrical Supply Co. Inc. 4773 Sunrise Highway Bohemia, New York 11716 Dear Mr. White: Returned herewith is your bid deposit check in the amount of $675.00 which accompanied your bid of October 16, 1981 for furnishing and delivering luminaire outdoor lighting fixtures to the Town of Southold. The Town Board at a regular meeting held on February 9, 1982 rejected those bids based upon a Town Board resolution of March 22, 1977 calling for standardization of streetlighting fixtures by the purchase of only General Electric Company streetlighting fixtures. A new bid will be published within the next few weeks. Councilman Murphy asked that I extend his thanks and appreciation for the help you supplied Highway Superintendent Dean and himself. Very truly yours, U Judith T. Terry Southold Town Clerk Enclosure 0 JUDITH T. TERRY TOWN CLERK RI{GISTRAR OP VITAL S IAT ISIICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 February 11, 1982 Mr. Frank Scavelli, General Manager Suffolk Lighting Supply, Inc. R.D. 1, Box 550, Main Road Riverhead, New York 11901 Dear Mr. Scavelli: Returned herewith is your bid deposit check in the amount of $727.50 which accompanied your bid of October 16, 1981 for furnishing and delivering luminaire outdoor lighting fixtures to the Town of Southold. The Town Board at a regular meeting held on February 9, 1982 rejected those bids based upon a Town Board resolution of March 22, 1977 calling for standardization of streetlighting fixtures by the purchase of only General Electric Company streetlighting fixtures. A new bid will be published within the next few weeks. Councilman Murphy asked that I extend his thanks and appreciation for the help you supplied Highway Superintendent Dean and himself. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure HOLZMACHER, McLENDON and MURRELL, P.C. • CONSULTING ENGINEERS, ENVIRONMENTAL SCIENTISTS and PLANNERS 209 WEST MAIN STREET, RIVERHEAD, N.Y. 11901 • 516-727-3480 RECEIVED FEB I O Torn awk soww February 8, 1982 Supt. Raymond C. Dean Southold Highway Dept. Peconic Lane Peconic, NY 11958 Re: Town of Southold Town Wide Lighting Replacement Program SOHT 81-02 DG Dear Ray: Enclosed herewith please find four draft copies of specifications for the above captioned project. These have been amended per your instructions. Please let us know when a final date for advertising for and receiving bids has been set by the Town Board so that we can prepare final copies of these specifications. Please do not hesitate to contact my office if you should have any questions. AHS:d0h encs. Very truly yours, HOLZMACHER, McLENDON & MURRELL, P.C. William H. Spitz Melville, New York • Farmingdale, New York • Riverhead, New York