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Home My WebLink AboutScavenger Waste Treatment Plant1 SCAVENGER WASTE TREATMENT PLANT MODIFICATIONS FOR TOWN OF SOUTHOLD SCAVENGER WASTE TREATMENT PLANT GREENPORT, NEW YORK CAMERON ENGINEERING, P.C. 50 CHARLES LINDBERGH BLVD 811 JERICHO TURNPIKE UNIONDALE, NEW YORK 11553 SMITHTOWN, NEW YORK. 11787 AUGUST 1991 FEB 04 '9- 10:45 CAMERON ENGINEERING, P.C. ADDENDUM NO. 1 TO SPECIFICATION AND CONTRACT DOCLMENTS FOR TOWN OF SOUTHOLD SCAVENGER WASTE TREATMENT PLANT MODIFICATIONS The following modifications shall be deemed part of the Specification and Contract Documents: L On Page B-5 of the Bid in Paragraph 2 after the wording W complete the work within" insert "180". 2. On Page 8-1 of the Detailed Specifications delete Paragraph C.l.a. beginning Me Contractor's work..." and ending "... hazardous locations". 3. On Page 8-1 of the Detailed Specifications insert Paragraph C.La. as follows: "All PVC conduit, boxes and other devices shall be flame retardant in accordance with Article 347 "Rigid Non-metallic Conduit" of the 1987 National Electric Code". JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 2, 1992 IN M Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 LoDuca Associates 1311 Lakeland Avenue Bohemia, New York 11716 Gentlemen: Bensin Contracting Inc. has executed the necessary contract documents for the Modifications to the Town of Southold Scavenger Waste Treatment Plant at Greenport, therefore, I am returning herewith your 5% Bid Bond. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure - E E: _ E D11i_!11L, 1 H_ P, -1 ' MA 1- E.. 11 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 KNOW ALL MEN BY THUE PRESENTS, that we Loduca Associates, Tnc. (tent iwwrt Nil A&~ and address or 1#%ai hdo of Contr*000 1311 Lakeland Avenue, Bohemia, New York 11716 as Principal, hereinafter Called the Principal, and International Fidelity Insurance Company ars'''e "Rehr f%W "'ff'* "'d "W""-W4"*-"`e.'ts""a' 24 Commerce Street, Newark, New Jersey 07102 a corporation: duly organized under the laws of the State of New Jersey as Surety, hereinafter called the Surety, are held and firmly bound unto Town of Southold (e.ft inten tdl u~ and ad&,ftl at lepi Tale it owner► 53095 Main Road, Southbld New York 19971 as Obligee, hereinafter called the Obligee, in the sum of **5% of the amount of the bid not to exceed Twenty --five Thousand Dollars a 00/100** Qgllars (S 25,000.00 ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, -bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Modifications to the Town of Southold O'ie^"tsert fail nam. addrrss:.td dettriol;on of protect) Scavenger Waste Treatment Plant Southold, New York NOW, THEAEFORE, if the Obligee shalt accept the bid of the Principal and the h1 ridpal shaft enter into a Contract with► the Obligee in acCotthance with the terms of such bid.:ad give such bond or bonds as rt+ay he specified +& the bidding Of Contract Documents with good and sufficient Surety for the faithful performaom of such Coninct 4nd for the prompt Payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Pnndpal to enter such Contract and give such bond or bonds. if the PhnCipaf shall PAY to the Obligee the difference rwt to *xceed ;tse pesuity htrecf between the amount specified in said bid and such larger amount for wilicht the Obiigce may in go9d faith contraa with another party to perform Me Work covered by said bid. then this obligation shall be null and void. otherwise to remain in full force and effect. Signed and sealed this 6th day of February. 19 92 Loduca Associates, Inc- AX nc_ !� L ZG (Seal) ��itneJsl � Bid date; 02/d6/92 Bond amount; 5% of $500.000.00 (Title) International Fid (Witnes l orge D ki er AIA 00CUMfNT A310 . 910 $ONO . AIA 0. fEgRUARY 1970 EO • rHE AMERICAN 1►rSTITUTE 04 ARCMITECT$, 1735 N.Y. AVE., N.W., WA$NINCr,1N, 0.C. 20W6 I Attorney_ in—Fait; i A A I A Lelll III j j if a \ I ft u 1 �✓ <��Y L ♦ .../ .- a t_, *v w Y — -I -- . -. . - F H 1, E .�_I L 24 COMMERCE ST., NEWARK, NEW JERSEY 07102 STATEMENT OF ASSETS, LIABILITIES, SURPLUS AND OTHER FUNDS AT JUNE 30, 1990 ASSETS i990 Ponds (Amortized Value) .............................. S52,179,299 Preferred Stock ...................... ........... 500.000 Common Stocks (Market Value) ........................ 1,101,731 Mortgage Loans on Real Estate ............... t........ 84,709 Real Estate .......................................... 57,440 Cash & Bank Deposits ................................ 6,119,898 Short Term Investments ............................... 3,157,197 Unpaid Premiums & Assumed Balances ................. 1,186,0234 Reinsurance Recoverable on Loss Payments .............. 1,544,112 Federal Income Tax Recoverable ....................... 336,000 Electronic Data Processing Equipment .................. 279,331 Interest & Dividends Due and Accrued .................. 1,197,161 Funds Held in Escrow Accounts ........................ 7,957,522 Collateral Funds Held Under Contract .................. (7,957.522) Contract Balances Due and Unpaid ...... . .............. 235.508 'repaid State & Local Insurance Taxes .................. 23,783 TOTAL ASSETS ................................. 68,002,253 LIABILITIES, SURPLUS & OTHER FUNDS Losses (Reported losses net as to reinsurance ceded and incurred but not reported losses) ...................... 25,911,562 ,Sb2 Lass Adjustments Expenses ......................... . .. 8,922,887 Contingent Commissions & Other Similiar Charges ....... 150,447 Other Expenses (Excluding taxes, licenses and fees) , , , .. , , _ 79,210 Unearned Premiums .................................. 16,826,222 Funds Field by Company Undcr Reinsurance Treaties ..... 66,877 Amounts Withheld by Company for Account of Othors .... 13,713 Liability for Unauthorized Reinsurance .................. 911,756 Liability for Uncashed Checks .......................... 57 TOTAL LIABILITIES ...... .. ................... 52182.731 Common Capital Stock .. . ....... .................... Preferred Capital Stock 1.330.000 ............................... Gross Paid -in & Contributed Surplus 1,200,000 .................... 544,600 Unassigned Funds (Surplus) ........................... 12.044.922 Surplus as Regards Policyholders .................. 15.1 19,522 TOTAL LIABILITIES, SURPLUS & OTHER FUNDS 68.002,253 !, PHILIP KONVITZ, President of INTERNATIONAL FIDELITY INSURANCE COMPANY, certify that the foregoing is a fair statement of Assets, Liabilities. Surplus and Other Funds of this Company, at the close of business, June 30, 1990, as reflected by its books and records and as reported in its statement on file with the Insurance Department of the State of New Jersey. aE,�IIY Sys IN TESTIMONY WHEREOF, I have set timy hand and affixed the seal of the Company, this August 9, 1990. INTERNATIONAL FIDELITY INSURANCE COMPANY F" I4Qi � President per' FEE r ' 3 = 1-d F r:i=i i EEt,ii_Itl L, ? EE(='aH'==I I 5 .. E €-F itI L .tL v Stsfe of u. County of____�,,._ On this PHaE C, day of , 19 before me personally came to me known, and known to me to be the individual described in acid who executed the foregoing instrument, and acknowledged tome that he executed the same. My commission expires Notary Public --------------------------------------------------------------------- State of u. County of On this day of - 19 , before me personally name to me -known and-knavim zo me to be a member of the firm of described in and who executed the foregoing instrument, and he thereupon acknowledged to me that he executed the same as and for the act and deed of said firm. My commission expires„ - - - — Notary Public --------------------------------------------------------------------- �t State of V '�-t1� Gil ► L County of_�- On this �`-� day of Ca "- u -, 19 Z - before me personally came M � ri. to me known, OI _ 9 who being by me duly sworn, did depose and;,ay that he is the V � a of Loduca Associates, Inc. the corporation described in and which executed the above instrument, that he knows the seal of said corporation; that the seal affixed tc said instrument is such corporate seal, that it was so affixed by order of the Board of Directors of said corporalion, and that he signed his name thereto by like order. ✓G �� My commission exp res NOtary ublic State of New York u. County of Westchester NANCY M. McCASE Notary Public, State of New York No. 4878184 Qualified in Suffolk County Commission Expires Noven,acr 10, 1°R3 M On this 6th day of February 19 92 , before me personally cams c George 11. Skinner to me known, who, being by me duly swom, did depose and say tha,. h he is an anonneyin-fact of International Fidelity Insurance Company Y the corporation described in and which executed the within instrument, that he knows the corporate seal of said corporation. that the set affixed to the within instrument is such corporate seal, and that he signed the saidinstrument andaffixed the said seal as Attorney -in -Fac by authority of the Board of Directors of said Corporation and by asi"rity of this office under the Standing Resolutions thereof. CHRONE KOMNM MARY Pust1C, STATE OF NEW YM , My commission expire epqNO.4976875 :f ,� (u� �/,2'( L�.IG � O EMPIRE$ Notary Public 01-22-93 ,TEL (201) 624.7:0 POWER OF ATTORNEY r.NL =RNAnc NAL FI DEUTY INSURANCE COMPANY HOME OFFICE- 24 COMMERCE S'T'REET NEWARJC. NEW JERSEY 07102 BOND NO. )LNOW ALL ?AFS BY THE&1= PRUENTS: That INTER'to IIONAL FIDELTY INSURANCE COMPAm% a corporation organized and cXisting under the 12,.s of the State of New Jersey, and h:,ing its principal oCicc in the City of Newark. New Jersey, does heteb) corst:rute and 3,1150int EOMQND J. SERCASSI, TIMOTHY J. DAV{DOW, DENISE ALEXANIAN, SALVATRICE A. MILONE Geprgge D. Skinner NEW ROCMELLE, NEW YORK its trete and Lawful anoraty(s)-in-fart to execute, s.-ai and deli, vrfor and on its behalf as surety. any and aA bonds and undefutings. contracts of indem iry and Other wriiings obligatory in the asrure thereof, 9-+ich are or rnay bt allowed. rrquired orpermined bylaw. statute, rule, regulation. contract orot:terwise. and the ezerstion of such intrumcni(s) in pursuance of these preseua, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all itttcnts and purposes, as if the latae had bern duly eucutrd and acknowiedW by its regularly dented of: cern at its principal ofrim This Power of Attorney is exetasted, and may be ceriGed to and =eay be revoked. pursuant to and by authority ofArtcie2.- Section 3. of the BY -Laws adopted by the Board of Dire=rs ofLN'TERNATIONAL FID=r i Y INSURANCE COMPANY at a meeting called and held on the 23 rd day of Decuaber.1969. The President or any's ice President. Executive Ytac President. Secretary or Assistant Secretary. shall have power had authority (1) To appoint Aur�rae43-in-f>cL, and to a'athotite them to aeaum on behalf of the Company. and a=h the Seal of the Company thereto. bonds and uncertaiinrs. wratacts of :udemaity and otter wridup obligatory in the nawn d==f and. (2) To mmovt. at any tutee, any sit Attorney -;n -far and revoke the authority give=. Further, thi PovaT ofAttorney is sip -ed d and scaled by fatsim:Ie pursuant to resolution of the Board of Dimctors of said Company adopted at a taeeang duty oto m and held on tete 4th day of February. 1975 of which tbt following is a true excerpt: Now thcreare th-. si&samuca of such officers and the seal of tac Coazpany easy be s1Tixcd to any sarch power of attorney or aay cenificate relating thaeoo b5 faCsLmiie- and any welt power of atsoraey or otniacate bearing such fa=intde signatures or facsi aU w Al shall be valid and binding trpoa the Coaspatry and hay such power so estes.sted and certified by facsimile sigastures and tamimilc seat shall be valid and binding upon the Company in :be future with respom w hay bond or &;ndertakiag to which it is aaacbcd. IN T=fIMON"t SOF IN"ra—MATIONAL FIDELITY INSLT.ANCE CONVANY has caused osis iastzua Cw to be siped and its corporate seal to be affsed by its autborit offCM osis Ist day of May. AM. 19%- r`t ZiTERNATIONAL FMELrTYINSSTRAIr'C$ COMPANY Ofr SafJu. � I�Ott STATE OF N W JERSEY County of Esser a• Executi-m vice Presidast On this 1st day of May I986: before me carne the indkidual who execaud the preceding instrument, to me personally known_ and, being by me duly sworn, said that Ile is the therein dertrsbed and authorized oli-r,.a of the INTERNATIONAL F"IDELM INSURANCE COMPANY; that the seal affrsed to said rostrum is the Corporate Seal of said Company, that the said Corporate Seal and his signature wrrr duly alfsxed by order of the Board of Directors of said CD:npan �Q�^'- I y IN TEStIMO'% WHEREOF. I have hereunto fie my hand and atTued my gfficial Scat +� at the Cky of Newark. New Jersey else day and year 5rsr above written 107A It p B L.` t A NOTARY PLMUC OF NEW JERSEY My Commission Eapirn April 29. 1992 try, .,»F►5� CERTIFICATION I, the undersigned oMicer of fNTEILNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and afrdavit-and the cony of the Swoon of the By -Laws ofsaid Company as so forth in said Power of Attorney. with the ORIGINALS ON FILE iN THE HOST E OFFICE OF SAID CONI PA.NY, and that the same are correct transcripts thercof.and ofthe whoieofthesaid otisonals. and that the said Po--cr of Attorney has not been rrvoked and is now in full force and efreet IN TESTIMON''Y V.'HEREOF. I hskve herrunio set ray hand this 6 day of February 19 92 c /►a.istant Sceteiar� • SCAVENGER WASTE TREATMENT PLANT MODIFICATIONS TOWN OF SOUTHOLD, NEW YORK TABLE OF CONTENTS Page No• TOC -1 Title Page Table of Contents Notice to Bidders (Advertisement) Instruction to Bidders IB -1 thru IB -7 Bid (Proposal) B-1 thru B-4 Bid Bond BB -1 thru BB -2 Non -Collusive Bidding Certification NC -1 thru NC -2 Bidder's Qualification Statement QS -1 thru QS -3 • Agreement A-1 thru A-4 Notice of Award N-1 Performance Bond PF -1 thru PF -2 Labor and Material Payment Bond PB -1 thru PB -3 Notice to Proceed NP -1 General Conditions GC -1 thru GC -42 Technical Specifications: • Section 1 1-1 thru 1-2 Section 2 2-1 Section 3 3-1 thru 3-4 Section 4 4-1 Section 5 5-1 thru 5-8 0 Section 6 6-1 thru 6-2 Section 7 7-1 Section 8 8-1 thru 8-3 Section 9 9-1 Section 10 10-1 thru 10-2 0 Section 11 11-1 thru 11-6 TOC -1 0 11 1.1 The term "Bidding Documents" includes the following: a) Instruction to Bidders b) Bid (Proposal) c) Non -Collusive Bidding Certification d) Bidder's Qualification Statement e) Addenda (when applicable) f) Agreement g) General Conditions h) General Requirements i) Specifications j) Drawings 1.2 Complete sets of Bidding Documents must be used in preparing bids; neither Owner nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 1.3 Owner and Engineer in making copies of Bidding Documents available do so only for the purpose of obtaining bids on the work and do not confer a license or grant for any other use. 1.4 Failure to comply with any of the following instructions shall constitute • cause for which the Bid may be rejected. 2. BID FORM 2.1 Each bid shall be made on the "Bid Form" attached hereto and shall • remain attached hereto as one of the Bid Documents. 2.2 All blanks on the Bid Form must be completed in ink, in both words and figures with the unit or total sum, or both, for which the Bid is made. C 2.3 Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed • IB -1 0 • • • • and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. 2.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 2.5 All names must be printed below the signature. 2.6 The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 2.7 The address and telephone number for communications regarding the Bid must be shown. 2.8 If Bids contain any omissions, erasures, alterations, additions or items • not called for in the itemized bid or contain irregularities of any kind, such may constitute cause for rejection of the Bid. In case of any discrepancy in the unit price or amount bid for any item in the Bid, the unit price, as expressed in written words, shall govern. • • • U • 0 Bids shall be delivered by the time and to the place stipulated in the advertisement and shall be enclosed in an opaque sealed envelope, marked with the Project Title and name and address of the Bidder and accompanied by the Bid Security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation 'BID ENCLOSED" on the face of it. It is the sole responsibility of the Bidder to see that his bid is received in the proper time. �X I Wr! 4.1 Bid security shall be submitted with Bid in the amount of five (5%) percent of the Bid. Security shall be in the form of a certified check or Bid Bond by a Surety Company authorized to do business in the State of New York. 42 The Bid Security, except those of the Successful Bidder and the second and third lowest bidders, will be returned as soon as practicable after the bid openings. 43 Bid Security of the second and third lowest bidders will be returned as IB -2 J soon as practicable after signing of the Contract, but the Owner shall not retain them more than forty-five (45) days after opening of bids, • except by mutual agreement. 4.4 The Bid Security of the Successful Bidder will be retained until such bidder has executed the Agreement and furnished the required Contract Security. If the Successful Bidder fails to execute and deliver • the Agreement and furnish the required Contract Security within fifteen days after the Notice of Award, Owner may annul the Notice of Award and the Bid Security of that bidder will be forfeited. •1• I I The number of days within which the work is to be completed and ready for final payment is set forth in the Agreement. • 6. LIQUIDATED DAMAGES Provisions for Liquidated Damages are set forth in the General Conditions. 7. QUALIFICATIONS OF BIDDERS • Any Bidder must be prepared to present within five days of Owner's request the "Bidder's Qualification Statement" giving written evidence of experience, ability and financial standing as well as present commitments and an inventory of facilities and equipment. The Owner reserves the right to reject any bid if the evidence submitted • by,or investigation of, such Bidder fails to satisfy the Owner that such Bidder is properly qualified to carry out the obligations of the Contract and to complete the work contemplated therein. 8.1 Before submitting a proposal, all bidders shall carefully examine the Drawings, Specifications and other Bid Documents, shall visit the site of the proposed work and shall become fully informed of conditions and limitations associated with fulfilling the requirements of the Contracts. 8.2 No plea of ignorance of misunderstanding of conditions that exist or that may hereafter exist, or of conditions or difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary examinations and investigations IB -3 as may be expected of a reasonable prudent bidder, will be accepted as an excuse for any failure or omission on the part of a Contractor to • fulfill in every detail all of the requirements of the Bid Documents, or will be accepted as a basis for any claims whatsoever for extra compensation, or for an extension of time. 8.3 Reference is made to the General Requirements for subsurface 0 information obtained during design of the Project. 9. INTERPRETATIONS AND ADDENDA 9.1 All questions about the meaning or intent of the Contract Documents are to be directed to Engineer. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer or Owner as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 9.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer. 10. MODIFICATIONS Bids shall not contain any recapitulation of the Work to be done. Modifications, exceptions or oral bids will not be considered. Erasures or other corrections in the Bid Form must be initialed by the person signing the Bid Form. 12. WI'I�iDRAWAL 12.1 Any bidder may withdraw his bid, either personally or by written request, if such request is received by the Owner prior to one (1) minute before the scheduled closing time for receipt of bids. 12.2 All bids will remain subject to acceptance for forty-five days after the day of the bid opening, but Owner may, in its sole discretion, release IB -4 J any prior to that date. • 12.3 If, within twenty-four hours after bids are opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its bid, that bidder may withdraw its bid. Thereafter, that bidder will be • disqualified from further bidding on the work to be provided under the Contract Documents. C7 �• •�• ' ; • ' i l The Bidder must be capable of performing the work required in the Contract and shall perform a substantial portion thereof with his own resources. Reference is made to the General Conditions for work by subcontractors. 14. MULTIPLE BIDS No person, firm or corporation shall be allowed to make more than one bid for the same work, unless alternate bids are called for. A person, firm or corporation who has submitted a bid to a bidder, or who has quoted prices on materials to a bidder, is not hereby disqualified from submitting a bid or quoting prices to other bidders. 15. NON -COLLUSIVE BIDDING CERTIFICATION Each bidder submitting a bid to the Owner for the work contemplated by the Bid Documents on which bidding is based shall execute and attach thereto an affidavit substantially in the form herein provided (Non -Collusive Bidding Certification), to the effect that he has not colluded with any other person, firm, or corporation in regard to any bid submitted. 16. AWARD OF CONTRACT 16.1 Owner reserves the right to reject any and all bids, to waive any and all informalities not involving price, time or changes in the work and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional bids. Also, Owner reserves the right to reject the bid of any bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the bid is not responsive or the bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner. Discrepancies in the multiplication of units of work and unit prices will be resolved in favor of the unit prices. IB -5 • • Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 16.2 In evaluating bids, Owner will consider the qualifications of - the bidders, whether or not the bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. • 16.3 Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any bid and to establish the responsibility, qualifications and financial ability of bidders to perform and furnish the Work in accordance with the Contract Documents to Owner's • satisfaction within the prescribed time. 16.4 If the Contract is to be awarded, it will be awarded to the Lowest Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Project. 16.5 If the Contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within forty-five days after the day of the bid opening. 17. PEA-4ORMANCE BOND AND LABOR AND- M&TEPJALS PAYMENT BOND The General Conditions sets forth the Owner's requirements as to Performance and Labor and Materials Payment Bonds. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by the required Performance • and Payment Bonds. 18. INSURANCE The General Conditions set forth Owner's requirements as to Insurance. When the • Successful Bidder delivers the executed agreement to Owner, it must be accompanied by the required Insurance Certificates. 19. MAINTENANCE BOND The Successful Bidder will be required to provide a Maintenance Bond for a period of one (1) year from the date of final acceptance, against any and all omissions and defects which may develop or require attention as a result of his performance of the Contract. • 0 20. SIGNING OF AGREEMENT • When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by three copies of the Agreement with all other written Contract Documents attached. Within fifteen days thereafter, Contractor shall sign and deliver the Agreement and attached documents to Owner with the required Bonds and Insurance coverage. Within ten days thereafter, Owner shall deliver one fully signed 0 copy to Contractor. Each copy is to be accompanied by a complete set of the Drawings with appropriate identification. 21. PRE-BID CONFEREN A Prebid Conference will be held as indicated in the Notice to Bidders. Representatives of Owner and Engineer will be present to discuss the Project. Engineer will transmit to all prospective bidders of record such Agenda as Engineer considers necessary in response to questions arising at the Conference. J • :7 Ll • IB -7 0 0 Ll BID SCAVENGER WASTE TREATMENT PLANT MODIFICATIONS TOWN OF SOUTHOLD, NEW YORK Bid of L c 1 h v -kc 616- - 7'�L 'q— herein after called 'Bidder", a N k LO /cru c corporation/ (State) a partnership/an individual doing business as 0 to o V- hereafter called "Owner". • Gentlemen: The Bidder, in compliance with your invitation for bids for the construction of _ Sc JPN &IPR— w C -- K,, L 0 t) w+ao r kc0,770, S having examined the Bidding Documents and the following Addenda (receipt of which if hereby acknowledged): Date Number T—e,—,-4t I `, 4Z t and the site of the Proposed Work, and being familiar with all of the conditions surrounding the construction of the Proposed Project including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies and to construct the Project in accordance with the Bidding Documents, within the time set forth therein and at the prices stated below. These prices are to cover all expenses incurred in performing the Work required under the Bidding Documents, of which this Proposal becomes a part thereof. PROPOSAL TOWN OF SOUTHOLD • SCAVENGER WASTE TREATMENT PLANT MODIFICATIONS Item No. 1 - Mechanical Bar Screen • Lump sum price for Mechanical Bar Screen, complete. In Words: "WSArjb (--boS-NLktio2e(� � iyn wo Dollars • and fQ () is In Figures: $ -Zp, 4 • Item No. 2 - Grit Removal System Lump sum price for Grit Removal System, complete. • In Words: Se�ewr1 r46„sat�D six Nu�;�f2Pd j(�-I [wive - Dollars and ---' Cents In Figures: $ • Item No. 3 - Odor Control Piping Modifications • Lump sum price for Odor Control Piping Modifications, complete. In Words: �,�i► l_�X_ ��IuwD��Sxr7FeAzDollars • and %V v _ Cents In Figures: WN n L-A Item No. 4 - Concrete • Lump sum price for Concrete, complete. In Words: +VV(AVJO-)sP&Z Dollars and ?�1 c� �-- --.._ ____ _�-- Cents • In Figures: $ 2' yy U a • Item No. 5 - Masonry Lump sum price for Masonry, complete. • In Words: Six_ rpo')sawjfl Vtja cwu Dollars and NO ____ -- ----- - _ �.. Cents In Figures: $ 6 �j L L� Item No. 6 - Air Compressor • Lump sum price for Air Compressor, complete. In Word`' FOAAP.40U;ANp Gwewuppiz-,eg) Dollars and (V o Cents • In Figures: $ S 70." 0 Im n Item No. 7 - Electrical Work Lump sum price for Electrical Work, complete. In Words: +1 k(LyFCPIv �tkau_"Ng'o s JX H U NULL b t j % njet'Y rN2 Dollars and No --------- ._` . Cents • In Figures: $ 13 0 (,q 1. °" • Item No. 8 - Sound -Proof Door Lump sum price for Sound -Proof Door, complete. In Words: �y a t�aSrD �,Q y c, �-t �- Dollars and Q Cents In Figures: $ 0 23 ." r, Item No. 9 - Roofing Lump sum price for Roofing, complete. • In Words: Dollars and �j C) _ ---- Cents In Figures: $ 3 ,' %Qt 00 • Item No. 10 - Painting • Lump sum price for Painting, complete. S/X In Words: -41.4-X—1 AreQ sAr j) r_() o2 p cA No acD F1 pt—/ Dollars and Cents • In Figures: $ 2, ao n TOTAL OR GROSS BID IN FIGURES: Z (s1 2-12,00 • TOTAL OR GROSS BID WRITTEN IN WORDS: 0 \,AN)0V-f D r-(TTQ-Q NJ ru6OSAtlsD Qwy %4 LA N- 1) QA u e -- and i. C2> Dollars Cents The work performed under this Contract is hereby guaranteed for a period of one (1) year from the date of final acceptance by the Owner. All equipment furnished and installed under this Contract is hereby guaranteed for the same term. The 0 guarantees are in accordance with the requirements contained in the Contract Documents and Specifications. If the Proposal, or any alternate, is accepted, the Contractor will start work within 15 days after the date of the Award of Contract and will complete the work within 0 J go days from the date of Award of Contract. The Bidder shall submit a list of all materials and equipment which he proposed to install, with his bid, including a copy of the manufacturer's specifications for each item. All items shall be subject to the approval of the Engineer. This Bid may be withdrawn at any time prior to the scheduled time for the opening of Bids or any authorized postponement thereof. The undersigned declare that the only persons interested in this proposal or the Contract proposed to be taken, as principals, are as stated; that this proposal is in • all respects made without collusion or fraud; that the undersigned will, within fifteen (15) days after the mailing or delivery of notice of acceptance of this Bid, execute and deliver a Contract in the Form of Contract shown in the Proposal Section of these Contract Documents. NAME OF BIDDER L 0)) 14 N C� -s o c -� ADDRESS OF BIDDER l-1 i TELEPHONE NUMBER .Sim SIGNED DATE �e ls—;a >a I (� � -4-- WE u • I: 1� : • MI KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned • as Principal, and as Surety, are in the Penal Sum of • hereby held firmlybound unto for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs,executors, administrators, successors, and assigns. • Signed this day of , 19 THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that, WHEREAS the Principal has submitted to a certain bid, attached hereto and hereby made a part hereof, to enter into a • Contract in writing, for the • NOW, THEREFORE, a) if said Bid shall be rejected, or in the alternate b) if said Bid shall be accepted and the Principal shall execute and deliver an Agreement in the form attached hereto (properly completed in accordance • with said Bid) and shall furnish a Bond for his faithful performance of said Agreement, and for the payment of all persons performing labor or furnishing materials in connection therewith and shall in all other respects perform the Agreement created by the acceptance of said Bid. Then, this obligation shall be void, otherwise the same shall remain in force and • effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of • the time within which the Obligee may accept such bid; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals and such of them as are corporations have caused their corporate • seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. Principal � by :7 :] • :j 0 17 0 NON -COLLUSIVE BIDDING CERTIFICATION 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 his 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; 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 and prior to opening, directly or indirectly, to any 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 2 C3 t� , 19 i Z Legal Name of Person, Firm or Corporation by THE FOLLOWING RESOLUTION FORM MUST BE COMPLETED IF THE BIDDER IS A CORPORATION: Resolved that 1 `\ c r -t tQ �c,�J.> c -, ��s—s, p_p� : �-c -A (Name and Title of Signator and Name of Corporation) be authorized to sign and submit the Bid Proposal of this corporation for the following project. ,Mop , C C 0 -T -?'CN- s NC -1 :7 And to include in such bid the Certificate as to Non -Collusion required by Section 103-D of the General Municipal Law as the act and deed of such corporation and for any inaccuracies or misstatements in such Certificate this Corporate Bidder shall be liable under the penalties of perjury. The foregoing is a true and correct copy of the resolution adopted by L -U �0,- (Name of ��-c— Corporation at a meeting of its Board of Directors held on the Corporation) _, day of (SEAL OF CORPORATION) • ECRE�---- • C7 • NC -2 • • BIDDER'S QUALIFICATION STATEMENT The signatory of this questionnaire certifies under oath the truth and correctness of all statements and of all answers to interrogatories hereinafter made. • SUBMITTED BY: -b,:� c Pr -N A Corporation An Indixdd al • n u • • • PRINCIPAL OFFICE: PRINCIPAL OFFICERS BACKGROUND PROFESSIONAL TITLE jN�AME ADDRESS OR TRADE ['A Mild \.A- 0C+1 1. How many years has your organization been in business as a general contractor under its present business name? 41� 2. You normally perform what percent of the work with your own forces? �,O% List trades below: �►.��T� 3. Have you ever failed to complete any work awarded to you? _AJQ If so, note where and why. QS -1 LODUCA ASSOCIATES AL"M I N C. TEL # (516) 567-4401 FAX # (516) 567-4410 General Contractor 1311 Lakeland Avenue, Bohemia, N.Y. 11716 To whom it may concern: The following is our list of references for work completed by LoDuca Associates, Inc. James Campbell Architects Gary Bruno Architect 380 W. Main St. 1225 Locust ave. Babylon, New York 11702 Bohemia, New York 11716 (516) 587-1984 (516) 563-4848 H2M Ward Associates, P.C. 575 Broadhollow Road 1550 Lakeland Ave. Melville, New York 11747 Bohemia, New York 11716 (516) 756-8000 (516) 563-4800 Beatty Harvey Associates John Grillo Architect 12 West 32nd St. 3 Colmar Ave. New York, New York 10001 Lake Grove, New York 11755 (212) 563-0565 (516) 471-5228 Cashin Associates, P.C. Suffolk County Water Authority 255 Executive Dr. 4040 Sunrise Hwy. Plainview, New York 11803 Oakdale, New York 11769 (516) 349-1010 (516) 589-5200 Should you have any questions concerning the above list please contact the undersigned. Respectfully submitted, LODUCA ASSOCIATES, INC. Richard LoDuca President RL:sc LLODUCA ASSOCIATES INC. TEL # (516) 567-4401 FAX # (516) 567-4410 General Contractor 1311 Lakeland Avenue, Bohemia, N.Y. 11716 CONTRACTS IN PROGRESS OANER PROJECT CONTRACT $ %COMPLETE OUR PROJECT # SUFFOLK COUNTY WATER AUTH. PRECAST CONCRETE UTILITY $118,118.00 605 SUNRISE FWY/POND ROAD BLDGS. VARIOUS LOCATIONS FACILITIES DEVELOPMENT CORP. STATEN ISLAND DDSO $606,505.00 607 44 HOLM AVENUE PROVIDED NEW ELECT. SUBSTA. ALBANY, NEW YORK 11208 & UNDERGROUND DISTRIB. SYS. CONTRACT #3722-C FIRE ISLAND U.F.S.D. REPAIR & CONSTRUCTION $154,553.00 704 TOWNS.OF ISLIP & BROOKHAVEN PROJECT #9072 OCEAN BEACH, NEW YORK 11770 COUNTY OF SUFFOLK COUNTY REPAIR OF FIREMATICS $ 17,369.00 705 DEPARTMENT OF PUBLIC WORKS SMOKE, HOUSE, YAPHANK 335 YAPHANK AVENUE CF - 3405 YAPHANK, NEW YORK 11980 COUNTY OF SUFFOLK SUFFOLK COUNTY SEWER $ 87,677.40 800 DEPARTMENT OF PUBLIC WORKS DIST. #3 SOUTHWEST 335 YAPHANK AVE INSTALLATION OF EMERGENCY YAPHANK, NEW YORK 11980 GENERATOR EXHAUST SILENCER LLODUCA ASSOCIATES INC. General Contractor TEL # (516) 567-4401 FAX # (516) 567-4410 1311 Lakeland Avenue, Bohemia, N.Y. 11716 PROJECTS COMPLETED OWNER PROJECT CONTRACT $ COMPLETED LONG ISLAM RAIL ROAD CO. FABRICATE, DELIVER & $ 74,319.00 8/91 JAMAICA STATION INSTALL WOVEN WIRE JAMAICA, NEW YORK 11435 PARTITIONS AT HILLSIDE CAR REPAIR SHOP #5415 SUFFOLK COUNTY ADDITIONAL WASHBAY WORK $ 31,313.00 9/91 DEPT. OF PUBLIC WORKS SUFFOLK BUS CORPORATION 335 YAPHANK AVENUE CONTRACT #CF5648 YAPHANK, NEW YORK 11980-9744 FIRE ISLAND U.F.S.D. ADD TO WOODHUL.L SCHOOL $440,263.32 10/91 TOWNS OF ISLIP & BROOKHAVEN & SCHOOL BUS GARAGE OCEAN BEACH, NEW YORK 11770 CONTRACT 1 - GEN. CONST. INC. VILLAGE OF ROCKVILLE CENTRE CONSTRUCTION OF FUEL OIL $444,044.00 10/91 1 COLLEGE PLACE FACILITY ROCKVILLE CENTRE, NEW YORK 11571 CONTRACT #8205 LODUCA ASSOCIATES 1�"� I N C. TEL # (516) 567-4401 FAX # (516) 567-4410 General Contractor 1311 Lakeland Avenue, Bohemia, N.Y. 11716 PROJECTS COMPLETED OWNER PROJECT CONTRACT $ COMPLETED STATE UNIVERSITY FUND REPLACE HOT WATER DIRC. $ 41,690.00 11/84 335 BROADWAY PUMPS ALBANY, NEW YORK 12202-1946 SUNY, STONY BROOK SAMINA REALTY RENOVATE FIRE DAMAGE $178,000.00 2/85 200 EAST MAIN STREET EAST ISLIP, NEW YORK 11730 VILLAGE OF BABYLON DOC1O STERS BUILDING $ 69,690.00 2/86 C/O GREIN MAN PETERSON INC. 330 7th AVENUE NEW YORK, NEW YORK 10001 TOWN OF ISLIP RENOVATION OF 24 NASSAU $ 56,493.00 5/86 401 MAIN STREET AVENUE, ISLIP, NEW YORK ISLIP, NEW YORK 11751 GREENPORT HOUSING ALLIANCE CONSTRUCT 16 UNIT $625,000.00 2/87 18 SOUTH STREET GARDEN APARTMENTS GREENPORT, NEW YORK 11944 L.I.R.R. PERMANENT ELECTRIC $454,000.00 2/87 JAMAICA AVENUE HILLSIDE SUPPORT JAMAICA, NEW YORK FACILITY STATE UNIVERSITY REPLACE SKYLIGHTS $ 36,900.00 5/87 CONSTRUCTION FUND S.U.N.Y. FARMINGDALE- ALBANY, NEW YORK STATE OF NY OFFICE OF SECONDARY EXITS $ 60,000.00 6/87 GENERAL SERVICES C.I. PSYCH. CENTER EMPIRE STATE PLAZA PROJECT 34180-C ALBANY, NEW YORK 12242 VILLAGE OF BRIGHWATERS BRIDGE REHABILITATION $ 44,891.00 6/87 C/O SHAH ASSOC. P.C. 1188 bE/ffWBROOK ROAD MERRICK, NEW YORK 11566 STATE OF NY OFFICE OF REHABILITATION FIRE DOORS $103,000.00 9/87 GENERAL SERVICES: KINGS PARK PSYCH CENTER EMPIRE STATE PLAZA PROJECT 34386-C ALBANY, NEW YORK LLODUCA ASSOCIATES INC. General Contractor TOWN OF OYSTER BAY DEPT. OF PUBLIC WORKS N. HEMPSTEAD HOUSING AUTH. POND HILL ROAD GREAT NECK, NEW YORK 10021 DEPT. OF PUBLIC WORKS NASSAU COUNTY EXEC. BLDG. ONE WEST STREET MINEOLA, NEW YORK 11501 FAIR HARBOR FIRE DISTRICT SUFFOLK COUNTY FAIR HARBOR, NEW YORK 11734 T04N OF ISLIP ISLIP RESOURCE RECOV. AGY. 40 NASSAU AVENUE ISLIP, NEW YORK 11751 EAST HAMPTON U.F.S.D. 76 NEWTON LANE EAST HAMPTON, NEW YORK 11937 TOWN OF EAST HAMPTON 159 PANTIGO ROAD EAST HAMPTON, NEW YORK 11937 TOWN OF RIVERHEAD SUFFOLK COUNTY RIVERHFAD, NEW YORK 11901 S.C.W.A. SUNRISE HWY/POND ROAD OAIQU, NEW YORK 11769 DEPT. OF.PUBLIC WORKS NASSAU COUNTY EXEC. BLD. ONE WEST STREET MINEOLA, NEW YORK 11501 TEL # (516) 567-4401 FAX # (516) 567-4410 1311 Lakeland Avenue, Bohemia, N.Y. 11716 PROJECTS COMPLETED PROJECT CONTRACT $ RECONSTRUCTION OF HAND $ 62,104.00 BALL CMTS CORRIDOR VENTILATION $ 19,380.90 MANiASSET VALLEY RESIDENCE $133,300.00 155 EAST SHORE ROAD MANHASSET, NEW YORK PROJECT'S NG8701 & N-18702 HICKSVILLE GARAGE $ 66,600.00 NEW STAIRWAY CONTRACT #B90363G FAIR HARBOR FIRE HOUSE $120,000.00 PINE WALK FAIR HARBOR, NEW YORK CONSTRUCTION WORK $133,300.00 PREFAB STORAGE BLDG. HAUPPAUGE LANDFILL CONTRACT #IRRA 6-87 J. MARSHALL ELEM. & HIGH. $121,915.00 SCHOOLS, EAST HAMPTON CAPITAL IMPROVEMENTS ADDITION TO TOWN HALL $ 67,660.00 159 PANTIGO ROAD EAST HAMPTON, NEW YORK ROAD SALT & STORAGE BLDG. $262,035.00 WADING RIVER, NEW YORK FOUNDATION SLABS AT VARIOUS $351,340.00 SUFFOLK COUNTY LOCATIONS CONTRACT #8318 NASSAU: tOUNY :MED. EXAM. $306,900.00 MORTUARY REFRIGERATION CONTRACT #3912001G HM M. v.. 5/89 5/89 .:• 10/89 LODUCA ZAAASSOCIATES INC. TEL # (516) 567-4401 FAX # k3 10) 567-4410 General Contractor 1311 Lakeland Avenue, Bohemia, N.Y. 11716 OWNER PROJECT CONTRACT $ COMPLETED KLAR REALTY RECONSTRUCTION OF A $ 60,690.00 10/89 2801 RT. 112 WINDMILL - LOCUST ROAD MEDFORD, NEW YORK 11763 OAKDALE, NEW YORK STATE OF NY DIV. OF WATERPROOFING FOUNDATION $ 8,686.00 10/89 MILITARY & NAVAL AFFAIRS & REPLACING STEPS -STATE 330 Old NISKAYUNA ROAD ARMORY NESCONSET, NEW YORK LATHAM, NEW YORK 12110-2223 PROJECT #83287 TOM OF ISLIP C.I. SENIOR CITIZENS $ 60,250.00 10/89 655 MAIN STREET PHASE 11 ALTERATION ISLIP, NEW YORK 11751 CONTRACT RAD 21-88 BOCES 11 WEST MIDDLE ISLAND ELM. $156,360.00 12/89 201 SUNRISE HIGHWAY SCHOOL.RELOCATABLE CLASSROOMS PATCHOUGE, NEW YORK 11772 EASTPORT U.F.S.D. MODULAR CLASSROOM UNIT $156,360.00 12/89 390 MONTAUK HIGHWAY FOR HIGH SCHOOL EASTPORT, NEW YORK 11941 TOWN OF SOUTHOLD CONSTRUCTION OF A JUSTICE $103,369.00 12/89 TOWN HALL. COURT MODULAR OFFICE BLDG. 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 BAYPORT/BLUE POINT U.F.S.D BLUE POINT ELEM. SITE $578,579.00 5/90 189 ACADEMY STREET & FOUNDATION CONST. OF 6 BAYPORT, NB4 YORK '1705 MODULAR CLASSROOMS S.C.W.A. ERECTION OF PRE -CAST $ 78,979.00 5/90 SUNRISE 1-WY/POND ROAD CONCRETE UTILITY BLDGS. QAIME, NEW YORK 11769 VARIOUS LOCATIONS CONTRACT #3936 WEST ISLIP FIRE DIST. CONSTRUCTION OF PRE -FAB $236,239.00 5/90 339 UNION BLVD. BLDG. UNION BLVD. WEST ISLIP, NE14 YORK 11795 WEST ISLIP, NEW YORK LODUCA ASSOCIATES I N TEL # (516) 567-4401 FAX # (516) 567-4410 General Contractor 1311 Lakeland Avenue, Bohemia, N.Y. 11716 1,;1 1 •qhl OWNER PROJECT CONTRACT $ COMPLETED FACILITIES DEVELOPMENT CORP. C.I. PSYCH CENTER $109,369.00 6/90 44 HOLLAND AVENUE KITCHEN REHAB. BLDG. 95 ALBANY, NEW YORK 12208 CONTRACT #3917-C N.Y.C.T.A. FURNISH & INSTALL 75 $101,702.00 7/90 25 CHAPEL STREET TOKEN BOOTH SAFES AT BROOKLYN, NEW YORK 12201 VARIOUS NYCTA LOCATIONS PORT WASHINGTON WATER DIST. CARBON ABSORBTION SYSTEM $106,601.00 7/90 28 MY HOLLOW ROAD CONTRACT #90-3 PORT WASHINGTON, NEW YORK 11050 SACHEM CENTRAL SCHOOL DIST. NATAORIUM RECONSTRUCTION $136,621.00 8/90 245 UNION BLVD. SACHEM N. HIGH SCHOOL HOLBROOK, NEW YORK 11741 212 SMITH ROAD, LAKE RONKONKOMA UNITED PARCEL SERVICE FACILITY ALTERATIONS $246,250.00 8/90 643 43rd STREET 103-21 FOSTER AVENUE NEW YORK, NEW YORK 10036 INC. VILLAGE OF MINEOLA WELL #4 AIR STRIPPING $421,421.00 12/90 171 JERICHO TURNPIKE FACILITY MINEOLA, NEW YORK 11501 CONTRACT #68564 ISLIP RESOURCE RECOVERY AGY. METHANE MIGRATION CONTROL $249,249.00 1/91 40 NASSAU AVENUE SYSTEM, HAUPPAUGE LANDFILL ISLIP, NEW YORK 11751 CONTRACT #IRRA 2-89 ALBERTSON WATER DISTRICT WELL #3 AIR STRIPPING $155,767.00 4/91 SHEPARD LANE TOWER ENCLOSURE BLDG. ALBERTSON, NEW YORK 11507 CONTRACT #68073-B HICKSVILLE WATER DISTRICT REHAB. PLANT #8 $296,951.00 4/91 4 DEAN STREET CONTRACT 1 - GEN. CONST. HICKSVILLE, NEW YORK 11801 & MECHANICAL WORK PROJECT #FDWD 89-90 SUFFOLK COUNTY WATER XffHORITY FOUNDATION SLABS AT VARIOUS $ 84,894.010 6/91 SUNRISE HWY/POND ROAD SUFFOLK COUNTY LOCATIONS OAKDALE, NEW YORK 11769 CONTRACT #3%1 • r 4. List the major construction projects your organization has underway at this date: Engineer/ Contract Percent Scheduled Project Owner Architect Amount Complete Completion • S.e-e 1� t-c� �.t-�-eU • 5. List five major projects you organization has completed in the past five years: Work Done With Engineer/ Contract Date of Own Forces Project Owner Architect Amount Completion % Of Work Trades • • 6. List the construction experience of the principal individuals of your organization (particularly the anticipated project supervisors): Present Type of Work Position Years of For Which In What • Individuals's Name Or ffi a Experience Responsible Ca12aci1y �CN�� le�J✓cam nR I C. y"- • • • 0 7. Do you have, or can you obtain, sufficient men and equipment to commence work when required and complete the work within the Contract Time? 8. Bank References: L4 r.1' o t.J C a �ei S -PA �.ir / QS -2 • 9. Trade Association Membership: ID If'c S- c , b �3✓� . c� S 4 C C"V. -t?-vice- L-c-A.'LS • 10. Attach current state of financial conditions showing assets, liabilities and net worth. STATE OF w e iw < ) COUNTY OF -S j C- ) c p<� 1-0 being duly sworn deposes and says that he is the • n� -etit of N-q—scc- contractor and that answers to the foregoing questions and all statements therein contained are true and correct. Sworn to before me this 6 day of , 19 Z �f Notary Public /Z r Commission Expf ratidn Date: 0 5 43 LI 8 7Q,it-6 • • • QS -3 0 0 0 L-. AGREEMENT THIS AGREEMENT, made this A.D. Nineteen Hundred and Ninety (hereinafter called the Owner and day of by and between the party of the first part party of the second part (hereinafter called Contractor). WITNESSETH. That for and in consideration of the premises and the agreements herein contained, and the payments herein provided to be made, the parties hereto agree as follows: 41 FIRST: The Contractor shall perform all labor, and furnish all the materials, equipment, tools, and implements and will well and faithfully perform and complete the entire work of constructing (Name of Project) • as described in the Contract Documents made and prepared by Cameron Engineering, P.C. and as set forth in the Contractor's proposal dated , and in strict and entire conformity and in accordance with the Notice to Bidders, Information for Bidders, Bid, this Agreement, Performance Bond, Labor and Material Bond, General Terms and Conditions, Detailed Specifications, Contract Drawings and Addenda hereto annexed and made a part hereof, and hereinafter collectively referred to as "Contract Document". SECOND: The Consideration of the Contractor performing this Contract in the manner herein stated and as stated in the Contract Documents, the Owner promises and agrees to pay or cause to be paid to the Contractor the sums of money mentioned in said Contract Documents in the manner and under the conditions therein provided. THIRD: The Contractor covenants and agrees that, anything in this Contract or in the Contract Documents to be contrary notwithstanding, or regardless of any matter, thing, contingency of condition unforeseen or otherwise, present or future, the Contractor shall not be entitled to receive any additional or further sums of money than the amounts in said Contract Documents provided; and the failure of the Owner or its agents to insist upon strict performance of any of the terms, covenants, A-1 SCAVENGER WASTE TREATMENT PLANT MODIFICATIONS FOR TOWN OF SOUTHOLD SCAVENGER WASTE TREATMENT PLANT GREENPORT, NEW YORK CAMERON ENGINEERING, P.C. 50 CHARLES LINDBERGH BLVD 811 JERICHO TURNPIKE UNIONDALE, NEW YORK 11553 SMITHTOWN, NEW YORK 11787 AUGUST 1991 I JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 2, 1992 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 Bancker Construction Corp. 218 Blydenburgh Road P.O. Box 230 Islandia, New York 11722 Gentlemen: Bensin Contracting Inc. has executed the necessary contract documents for the Modifications to the Town of Southold Scavenger Waste Treatment Plant at Greenport, therefore, I am returning herewith your 50 Bid Bond. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure KNOW ALL MEN BY THESE PRESENTS: 'nit we, the undersigned BAN= coNSTRUCTioN coRP. asNncipal,and FIREMEN`S INSURAmE COMPANY OF NmmArEK, N.J.—asSurety,are FIV PEP= -T (5%) of AMOUNT BID -----------------------T in the Penal Sum of hereby held firmly bound unto TowN OF sOUMOLD, N.Y. for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs,executors, administrators, successors, and assigns. Signed this Gtn . day of FEBRUARY at --v I9_22 - THE CONDI'1"ION• OF THE ABOVE OBL DATION IS SUCH, that, WHEREAS the 'Principal has submitted to a certain bid, attached hereto—TnT hereby made a part hereof, to enter to a Contract in writing, for the Scavenger Waste Treatment Plant Modificiations Greenport, New York NOW, EFORE, a) if said Bid shall be rejected, or in the alternate b) if said Bid shall be accepted and the Principal shall execute and deliver an Agreement in the form attached hereto (properly completed in accordance with said Bid) and shall furnish a Bond for his faithful performance of said Agreement, and for the payment of all persons performing labor or furnishing materials in connection therewith and shall in all other respects perform the Agreement created by the acceptance of said Bid. Then, this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated: 'Me Surety, for value rcteived, hereby Wpulates and agrees that the obligations of said Surety and its bond shall be in no way Impaired or affected by any wansion of the time within which the Obligee may accept such bid; anti said Surety does hereby waive notice of any such extension. IN WTINESS WHEREOF, the Principal €md the Surety have hereunto set their hands and seals and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their pvoper officers, the day and year fust set forth above. BAN= COr?s ucrzoN CORP. r / by ` THE FIRIlEN' S INSURANCE COTA.NY OF NEWARK, F., J 4Phyis Parente, Attorney Firemen's 1.nsurance Company of Ne"jark, New Jersey % GENERAL POWER OF ATTORNEY Know all men by these Presents, That the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY has made, constituted and appointed, and by these presents does make, constitute and appoint Phyllis Parente of New York, New York its true and lawful attorney, for it and in its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertakings and contracts of suretyship to be given to All Obligees provided that no bond or undertaking or contract of suretyship executed under this authorityshall exceed in amount the sum of Unlimited Dollars This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY at a meeting duly called and held on the 13th day of January, 1989: "RESOLVED, that the Chairman of the Board, the Vice Chairman of the Board, the President, an Executive Vice President or a Senior Vice President or a Vice President of the Company, be, and that each or any of them hereby is, authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the FIREMEN'S INSURANCE COMPANY OF NLANARK, NEW JERSEY, bonds, undertakings and all contracts of suretyship; and that an Assistant Vice Resident, a Secretary or an Assistant Secretary be, and that each or any of them hereby is, authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contact of suretyship to which it is attached." In Witness Whereof, the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY has caused its official seal to be hereunto affixed, and these presents to be signed by one of its vice Presidents and attested by one of its Assistant Vice Presidents this 18 day of October 1991 Attest: FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY By D.L Banta, Assistant Vice President , . 0 William Z Fornshell, Vice President STATE OF CONNECTICUT COUNTY OF HARTFORD On thist, day of Ocz.ber '11, before me personally came William Z. Fornshell, to me known, who being by me duly sworn, did depose and say that he is a Vice President of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, the corporation described in and which executed the above instrument that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. HOTARY *,. PUBLIC "fit GLORIA D. SEEKINS NOTARY PUBLIC CERTIFICATE My Commission Expves March 31, 1993 I, the undersigned, an Assistant Vice President of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, a New Jersey corporation, DO HEREBY CERTIFY that the foregoingand attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney, is now in force. Signed and sealed at the town of Farmington, the State of Connecticut. Dated the 6th da of Feb:2 ,19 92 . ,. • I axle, AssistuA vice President 21 BOND 4315L �' Printed in U.S.A. FINANCIAL STATEMENT f Firemen's Insurance Company of Newark, N.J. ASSETS Bonds and Stocks ................. Real Estate ...................... Cash........................... Short Term Investments ............ Agents' Balances Receivable ........ Interest, Dividends, and Real Estate Income Due & Accrued .... Equities and Deposits in Pools & Associations ............ Other Assets ..................... Total Admitted Assets ............. STATE OF NEW YORK COUNTY OF NEW YORK SS: CITY OF NEW YORK JJ AS OF DECEMBER 31, 1990 LIABILITIES, CAPITAL & SURPLUS $1,817,296,168 Reserve for Losses ................ $1,131,669,701 47,584,264 Reserve for Loss Expenses .......... 176,328,492 3,422,404 Reserve for Unearned Premiums .... 365,180,551 29,320,336 Reserve for Taxes & Expenses ....... 28,370,048 124,669,349 Other Liabilities & Reserves ........ 37,274,917 18,671,978 Total Liabilities ................. $1,738,823,709 Capital .......................... 4,050,000 32,580,592 Surplus ......................... 489,847,608 159,176,226 Policyholders' Surplus ........... 493,897,608 $2,232,721,317 Total Liabilities, Capital & Surplus .... $2,232,721,317 William Alexander Robbie, being duly sworn, say: That he is the Vice President of Financial Reporting, of the Firemen's Insurance Company of Newark, New Jersey, and that the foregoing statement to the best of his knowledge and belief, is a full, true and correct statement of the financial condition of the said Company on the 31st day of December, 1990. Sworn to before me this 20th day of March, 1991 ?', �/ IOSEPH H. BATTY Notary Public, State of New York No. 41-4766499 Qualified in Queens County Certificate Filed in New York County germ Expires December 31, 1992 • f CERTIFICATE ' Vice President, Financial Reporting SURETY ACKNOWLEDGMENT State of New York County of 4ueens SS.: City of New York On this day of February , in the year 19 92 before me personally came Phyllis Parente to me known, who, being by me duly sworn, did depose and say that he resides in New York, N.Y. ; that he is the Attorney of the Firemen's Insurance Company of Newark, New Jersey, the corporation described in and which executed the attached instrument; that he knows the corporate seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; and that it was so affixed by order of the Board of Directors of the said corporation, and that he signed his name thereto by like order. 2 JC=LvrU'rc R;JF=tom.yp-iln LADES Pdotary pu,.!ic, State of Nevi Notary Public No. µ1•d9°.8031 Qualified in Queens county/ � 9 TJ 21 BOND 716 1990 Commission Expires Oct Printed in U.S.A. PRINCIPAL'S ACKNOWLEDGMENT - CORPORATION State of New York, County of Suffolk On this c�, day of �L��L ! 9 y� , before me personnally appearedb�-� moi,,, �.� , r7to me known, who, being by me duly sworn, deposes and says: That he resides in the City of��.t and that he is the ��.�,w`, of Bancker Construction Corp., the.corporation described in and which executed the within instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. MARGARET KETCHAM Notary Public, State of New York No. 52-4823107 Qualified in Suffolk County Commission Expires howah 30,18 n L r SCAVENGER WASTE TREATMENT PLANT MODIFICATIONS TOWN OF SOUTHOLD, NEW YORK TABLE OF CONTENTS • Page No. Title Page TOC -1 7 Table of Contents • Notice to Bidders (Advertisement) Instruction to Bidders IB -1 thru IB -7 Bid (Proposal) B-1 thru B-4 Bid Bond BB -1 thru BB -2 Non -Collusive Bidding Certification NC -1 thru NC -2 Bidder's Qualification Statement QS -1 thru QS -3 Agreement A-1 thru A-4 Notice of Award N-1 Performance Bond PF -1 thru PF -2 Labor and Material Payment Bond PB -1 thru PB -3 0 Notice to Proceed NP -1 General Conditions GC -1 thru GC -42 Technical Specifications: • Section 1 1-1 thru 1-2 Section 2 2-1 Section 3 3-1 thru 3-4 Section 4 4-1 Section 5 5-1 thru 5-8 Section 6 6-1 thru 6-2 Section 7 7-1 Section 8 8-1 thru 8-3 Section 9 9-1 Section 10 10-1 thru 10-2 Section 11 11-1 thru 11-6 TOC -1 7 • C "IMMIM 1000042 1.1 The term 'Bidding Documents" includes the following: a) Instruction to Bidders b) Bid (Proposal) c) Non -Collusive Bidding Certification d) Bidder's Qualification Statement e) Addenda (when applicable) f) Agreement g) General Conditions h) General Requirements i) Specifications j) Drawings 1.2 Complete sets of Bidding Documents must be used in preparing bids; neither Owner nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. • 1.3 Owner and Engineer in making copies of Bidding Documents available do so only for the purpose of obtaining bids on the work and do not confer a license or grant for any other use. 1.4 Failure to comply with any of the following instructions shall constitute 0 cause for which the Bid may be rejected. 0x 1.11011 MC 111 kyj l 2.1 Each bid shall be made on the 'Bid Form" attached hereto and shall remain attached hereto as one of the Bid Documents. 2.2 All blanks on the Bid Form must be completed in ink, in both words and figures with the unit or total sum, or both, for which the Bid is made. 2.3 Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed • IB -1 0 0 and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. r 2.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 2.5 All names must be printed below the signature. 2.6 The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 2.7 The address and telephone number for communications regarding the Bid must be shown. 2.8 If Bids contain any omissions, erasures, alterations, additions or items not called for in the itemized bid or contain irregularities of any kind, i such may constitute cause for rejection of the Bid. In case of any discrepancy in the unit price or amount bid for any item in the Bid, the unit price, as expressed in written words, shall govern. �c�. ll : lICiti -_ : I t • Bids shall be delivered by the time and to the place stipulated in the advertisement and shall be enclosed in an opaque sealed envelope, marked with the Project Title and name and address of the Bidder and accompanied by the Bid Security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation 'BID ENCLOSED" on the face of it. It is the sole responsibility of the Bidder to see that his bid is received in the proper time. 4.1 Bid security shall be submitted with Bid in the amount of five (5%) percent of the Bid. Security shall be in the form of a certified check or Bid Bond by a Surety Company authorized to do business in the State of New York. 42 The Bid Security, except those of the Successful Bidder and the second and third lowest bidders, will be returned as soon as practicable after the bid openings. 43 Bid Security of the second and third lowest bidders will be returned as IB -2 C7 soon as practicable after signing of the Contract, but the Owner shall not retain them more than forty-five (45) days after opening of bids, • except by mutual agreement. 4.4 The Bid Security of the Successful Bidder will be retained until such bidder has executed the Agreement and furnished the required Contract Security. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required Contract Security within fifteen days after the Notice of Award, Owner may annul the Notice of Award and the Bid Security of that bidder will be forfeited. ! The number of days within which the work is to be completed and ready for final payment is set forth in the Agreement. • 6. LIQUIDATED DAMAGES Provisions for Liquidated Damages are set forth in the General Conditions. 7. QUALIFICATIONS OF BIDDERS • Any Bidder must be prepared to present within five days of Owner's request the "Bidder's Qualification Statement" giving written evidence of experience, ability and financial standing as well as present commitments and an inventory of facilities and equipment. The Owner reserves the right to reject any bid if the evidence submitted by,or investigation of, such Bidder fails to satisfy the Owner that such Bidder is properly qualified to carry out the obligations of the Contract and to complete the work contemplated therein. • 11 • • : I t � •.�l 1 � 11 • 8.1 Before submitting a proposal, all bidders shall carefully examine the Drawings, Specifications and other Bid Documents, shall visit the site of the proposed work and shall become fully informed of conditions and limitations associated with fulfilling the requirements of the ! Contracts. 8.2 No plea of ignorance of misunderstanding of conditions that exist or that may hereafter exist, or of conditions or difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary examinations and investigations • IB -3 0 0 as may be expected of a reasonable prudent bidder, will be accepted as an excuse for any failure or omission on the part of a Contractor to • fulfill in every detail all of the requirements of the Bid Documents, or will be accepted as a basis for any claims whatsoever for extra compensation, or for an extension of time. 8.3 Reference is made to the General Requirements for subsurface information obtained during design of the Project. 9. INTERPRETATIONS AND ADDENDA 9.1 All questions about the meaning or intent of the Contract Documents S are to be directed to Engineer. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer or Owner as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 9.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer. 10. MODIFICATIONS Bids shall not contain any recapitulation of the Work to be done. Modifications, exceptions or oral bids will not be considered. Erasures or other corrections in the Bid Form must be initialed by the person signing the Bid Form. 12.1 Any bidder may withdraw his bid, either personally or by written request, if such request is received by the Owner prior to one (1) minute before the scheduled closing time for receipt of bids. 12.2 All bids will remain subject to acceptance for forty-five days after the • day of the bid opening, but Owner may, in its sole discretion, release IB -4 9 • any prior to that date. 12.3 If, within twenty-four hours after bids are opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its bid, that bidder may withdraw its bid. Thereafter, that bidder will be disqualified from further bidding on the work to be provided under the Contract Documents. Val 1.11 M The Bidder must be capable of performing the work required in the Contract and shall perform a substantial portion thereof with his own resources. Reference is made to the General Conditions for work by subcontractors. 14. MULTIPLE BIDS No person, firm or corporation shall be allowed to make more than one bid for the same work, unless alternate bids are called for. A person, firm or corporation who has submitted a bid to a bidder, or who has quoted prices on materials to a bidder, is not hereby disqualified from submitting a bid or quoting prices to other bidders. • 15. NON -COLLUSIVE BIDDING CERTIFICATION Each bidder submitting a bid to the Owner for the work contemplated by the Bid Documents on which bidding is based shall execute and attach thereto an affidavit substantially in the form herein provided (Non -Collusive Bidding Certification), to the effect that he has not colluded with any other person, firm, or corporation in regard to any bid submitted. 16.1 Owner reserves the right to reject any and all bids, to waive any and all informalities not involving price, time or changes in the work and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional bids. Also, Owner reserves the right to reject the bid of any bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the bid is not responsive or the bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner. Discrepancies in the multiplication of units of work and unit prices will be resolved in favor of the unit prices. • IB -5 • i 0 Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 16.2 In evaluating bids, Owner will consider the qualifications of the bidders, whether or not the bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 16.3 Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any bid and to establish the responsibility, qualifications and financial ability of bidders to perform and furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time. 16.4 If the Contract is to be awarded, it will be awarded to the Lowest Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Project. 40 16.5 If the Contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within forty-five days after the day of the bid opening. 17. PERFORMANCE BOND AND LABOR AND MATERIALS PAYMENT BOND The General Conditions sets forth the Owner's requirements as to Performance and Labor and Materials Payment Bonds. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by the required Performance 0 and Payment Bonds. is �J; MI" The General Conditions set forth Owner's requirements as to Insurance. When the Successful Bidder delivers the executed agreement to Owner, it must be accompanied by the required Insurance Certificates. 19. MAIN'T'ENANCE BOND The Successful Bidder will be required to provide a Maintenance Bond for a period of one (1) year from the date of final acceptance, against any and all omissions and defects which may develop or require attention as a result of his performance of the Contract. • • 0 20. SIGNING OF AGREEMENT When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by three copies of the Agreement with all other written Contract Documents attached. Within fifteen days thereafter, Contractor shall sign and deliver the Agreement and attached documents to Owner with the required Bonds and Insurance coverage. Within ten days thereafter, Owner shall deliver one fully signed copy to Contractor. Each copy is to be accompanied by a complete set of the Drawings with appropriate identification. 21. PRE-BID CONFERENCE A Prebid Conference will be held as indicated in the Notice to Bidders. Representatives of Owner and Engineer will be present to discuss the Project. Engineer will transmit to all prospective bidders of record such Agenda as Engineer considers necessary in response to questions arising at the Conference. • • • J C 0 IB -7 40 0 C` • • • • • E Bid of BID SCAVENGER WASTE TREATMENT PLANT MODIFICATIONS TOWN OF SOUTHOLD, NEW YORK BAKKER COnJ TR(TCT-r0 -ORPs; herein after called 'Bidder", aCONSTRUCTION CORP. I" / orati *� �*-�•��T ��^ „a��^�» doing business asu n F.0.31- X30 IJL.'al DIA, NEW YORK 11722 -MV to \ o f Gentlemen: The Bidder, in compl. t4-&, -) hereafter called "Owner". with your invitation for bids for the construction of having examined the Bidding Documents and the following Addenda (receipt of which if hereby acknowledged): Date A).—&y- Y: L Number and the site of the Proposed Work, and being familiar with all of the conditions surrounding the construction of the Proposed Project including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies and to construct the Project in accordance with the Bidding Documents, within the time set forth therein and at the prices stated below. These prices are to cover all expenses incurred in performing the Work required under the Bidding Documents, 9 of which this Proposal becomes a part thereof. 0 o^Js • PROPOSAL TOWN OF SOUTHOLD 40 SCAVENGER WASTE TREATMENT PLANT MODIFICATIONS Item No. 1 - Mechanical Bar Screen r Lump sum price for Mechanical Bar Screen, complete. In Words: zrl --s? Mars and Cents 1 In Figures: $ 2-2, • Item No. 2 - Grit Removal System Lump sum priceforGrit Removal System, complete. • In Words: C�l Ki E �5 ''�? u q't-� Dollars and Cents In Figures: $ �, c.0 • • • 0 Item No. 3 - Odor Control Piping Modifications Lump sum price for Odor Control Piping Modifications, complete. In Words: Dollars and -Y� 6,—u ,. In Figures: $ 1-3 GDD oz!_ Cents 41 U Item No. 4 - Concrete • Lump sum price for Concrete, complete. In Words: Dollars and-eents • In Figures: $ C • • • • • E L Item No. S - Masonry Lump sum price for Masonry, complete. In Words: L L;6 - - Dollars and ----Cents In Figures: $ coc, ` Item No. 6 - Air Compressor Lump sum price for Air Compressor, complete. In Words: Fa,'_► ��'" �� —Dollars and -Cents In Figures: $ OI • Item No. 7 - Electrical Work Lump sum price for Electrical Work, complete. 1-1 In Words: 6 - zz and 'r—Cents • In Figures: $ `f • Item No. 8 - Sound -Proof Door Lump sum price for Sound -Proof Door, complete. In Words: ---Dollars • and ents • In Figures: $ Item No. 9 - Roofing Lump sum price for Roofing, complete. In Words: 4 -- Dollars and, -- -----Cents In Figures: $ (.,N • Item No. 10 - Painting Lump sum price for Painting, complete. In Words: L V and ce `-'' -----Cents • In Figures: $ _- IM, 0 • TOTAL OR GROSS BID IN FIGURES: r) TOTAL OR GROSS BID WRITTEN IN WORDS: and'a� • Dollars Cents The work performed under this Contract is hereby guaranteed for a period of one (1) year from the date of final acceptance by the Owner. All equipment furnished and installed under this Contract is hereby guaranteed for the same term. The guarantees are in accordance with the requirements contained in the Contract • Documents and Specifications. If the Proposal, or any alternate, is accepted, the Contractor will start work within 15 days after the date of the Award of Contract and will complete the work within Ife days from the date of Award of Contract. The Bidder shall submit a list of all materials and equipment which he proposed to install, with his bid, including a copy of the manufacturer's specifications for each item. All items shall be subject to the approval of the Engineer. This Bid may be withdrawn at any time prior to the scheduled time for the opening of Bids or any authorized postponement thereof. The undersigned declare that the only persons interested in this proposal or the Contract proposed to be taken, as principals, are as stated; that this proposal is in • all respects made without collusion or fraud; that the undersigned will, within fifteen (15) days after the mailing or delivery of notice of acceptance of this Bid, execute and deliver a Contract in the Form of Contract shown in the Proposal Section of these Contract Documents. Ll • • 0 NAME OF BIDDER ADDRESS OF BIDD TELEPHONE SIGNED BY TITLE Executive Vs�, DATE L w6h»- F E 0 0 582-3693 Step' hen XJ. Beyer. 0 F, KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned as Principal, and as Surety, are in the Penal Sum of hereby held firmlybound unto • for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs,executors, administrators, successors, and assigns. 9 Signed this day of , 19_ THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that, WHEREAS the Principal has submitted to a certain bid, attached hereto and hereby made a part hereof, to enter into a Contract in writing, for the NOW, THEREFORE, a) if said Bid shall be rejected, or in the alternate b) if said Bid shall be accepted and the Principal shall execute and deliver an Agreement in the form attached hereto (properly completed in accordance with said Bid) and shall furnish a Bond for his faithful performance of said Agreement, and for the payment of all persons performing labor or furnishing materials in connection therewith and shall in all other respects perform the Agreement created by the acceptance of said Bid. Then, this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. • 0 • The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of • the time within which the Obligee may accept such bid; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals and such of them as are corporations have caused their corporate • seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. Principal • by 7 7 7 • • • 0 • • C7 • Cl • •• • • • 0 NON -COLLUSIVE BIDDING CERTIFICATION 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 his 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; 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 and prior to opening, directly or indirectly, to any 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 c� r4'�' j C,D BAKKER CONSTRUCTION; CQRP. Legal Name of Pi mn, f4M n by Executive �r'iee Stephen h1. Beye, THE FOLLOWING RESOLUTION FORM MUST BE COMPLETED IF THE BIDDER IS A CORPORATION: resident Resolved that Stephen iVl,,. Bey -u., Executive. Vice President A BARCKER CONSTRUCTION; CORP_. (Name and Title of Signator and Name of Corporation) be authorized to sign and submit the Bid Proposal of this corporation for the following project. NC -1 0 • • • • C • • • 0 And to include in such bid the Certificate as to Non -Collusion required by Section 103-D of the General Municipal Law as the act and deed of such corporation and for any inaccuracies or misstatements in such Certificate this Corporate Bidder shall be liable under the penalties of perjury. The foregoing is a true and correct copy of the resolution adopted by S►NCK&: C0NSTFZUCT10NL CORR. (Name of Corporation at a meeting of its Board of Directors held on the Corporation) day of 6dA it (SEAL OF CORPORATION) V NC -2 rca Sencker ----------- PRESIDENT BANCKER CONSTRUCTION CORR, 218 BLYDENSURGH ROAD - P.O. BOX 230 , ISLANDIA, NEW YORK 11722.0230 TEL: 516/582-8880 - FAX: 518/582-3698 Harvey A Beyer 1. .1 -, ROSLYN HEIGh 1 11577 Executive Vice President Stephen M. Beyer 37 FA;f EAST WILLIS ON, ll-;� v VICE PRErlL N" MICHAEL S.! ROSLYN HEIGHTS. NEW YORK 11577 Ghck�r4�� Zee.. 1'rAc" D BIDDER'S QUALIFICATION STATEMENT • The signatory of this questionnaire certifies under oath the truth and correctness of all statements and of all answers to interrogatories hereinafter made. • SUBMITTED BY: @ARCKER CONSTRUCTION; CORP A Corporation v A Co -Partnership An Individual • PRINCIPAL OFFICE• @@ ��'CTI O�,f" CORP. a Si.MVu iia, ukvyoa—.. 11722 -0230 - Mae , • PRINCIPAL OFFICERS BACKGROUND • PROFESSIONAL TITLE NAME ADDRESS OR TRADE 1. How many years has your organization been in business as a general • contractor under its present business name? 33 T. -I, • 2. You normally perform what percent of the work with your own forces? —10 % List trades below: Cej je &*,-F* • 3. Have you ever failed to complete any work awarded to you? N If so, note where and why. • QS -1 0 �-�- BANCKER CONSTRUCTION CORP. R 218 BLYDENBURGH ROAD MROR CONSTPIJCTION PPO.TECTS OUR ORGRNIZRTION HAS UNDER WRY ON THIS ORTE. P.O. BOX 230 ISLANDIA, NEW YORK 11722 -OM OJECT ! OIJIIER ! ARCHITECT/ ! CONTRACT RM'T. .7 CCOOMPLEfiE ! SCH. COMPI_ETIQJ ! NfME, RI7ORE55 8 TEL.NO. ! ! ENGINEER ! ! ! DATE ! OF REFERENCED CONTRACT ! ARE R TREAT-- ! -MNPHRSSE 1 - - ! IIEIYOER5fl�l �� ! # 1, 600, OOO.00 ! 95 ! ----TOMM---CASEYY-_----_--5161333-33343_- 6191 ! -------- -! w MINT PI ANT ! 1-WEVILLE I -ID! CASEY ! ! ! ! 344 MADISON ST. ! ! ! ! ! ! ! 14EST011PY, N.Y. 11590 ! WRE R MAINS ! SIFFIILK CO.! %JNER ! $4,000,000.00 ! 50 ! 12/91 ! H.MILLER 516/589-5200 ! ! WATER WTH. ! ! ! ! ! SUNRISE HWY. ! ! ! ! ! ! ! OAKDALE, N.Y. 11769 ! G5 MR INS ! LILCO ! OWNER ! x5,000,000.00 ! 50 ! 2/92 ! JOE DOLL 516/391-6129 ! ! ! ! ! ! ! 445 BRORDHOLLOW RD. ! ! ! ! ! ! ! MELVILLE, N.Y. 11747 ! ! ! ! ! ! ! ! COD UIT & ! NEW YOPK ! OWNER ! $2,000,000.00 !r 85 ! 8/91 ! ED STEGMRN 516/583-7401 ! MfIH OL ES ! TEt EPHANE CO! ! ! ! ! 741 ZEWNDORFF BLVD. ! ! ! ! ! ! ! GRRDEN CITY,N.Y.11530 ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! BANCKER CONSTRUCTION CORP [I Da 218 BLYDENBURGH ROAD 0-01 MOOR CONSTRUCTION PROJECTS OUR ORGANIZRTION HRS COMPLETED WITHIN THE LAST FIVE YEFIRS. P.O. BOX 230 ISLANDIA, NEW YORK 11722-0230 ----------T------------T----------------------- RQJECT OWNER ARCHITECT/ ! --- ; CONTR�T AM T. ! DRTE OF yWORK-DONE-WITH ! NHME,HDDRE55-& TEL.ND. -- ! ! ENGINEER ! !COMPLETION 1 114N FORCES ! OF REFERENCED CONTRRCT ! ! ! ! ! ! ! ! --------- ------------- ---------------------------------- --------- -------------- -- i ------------------------- -- PMP STA 453 !JAMRICR WATER! CRMP,ORESSER,! $1,300,000.00 ! 6/89 ! 65 ! BOB SCHWARZ 516/488-460 ! !SUPPLY CO. ! McrEE ! ! ! ! 410 LAKEVILLE ROAD ! ! ! ! ! ! ! LAKE SUCCESS, N.Y. 110 ! ! ! ! ! ! ! ! Ptd STA 458 !.JAMAICR WATER! CAMP,DPESSER,! $1,100,000.00 ! 2/90 ! 65 ! SLE ABOVE ! !S(A'PLY CO. ! MCKEE ! ! ! ! ! ! ! ! ! ! ! ! WEL 5TA.411 ! HICKSVILLE ! H2M ! $200,000.00 ! 4/89 ! 100 ! �al McLENDON 516/756-80 ! ! WATER DIST. ! ! ! ! ! 575 BROFK)HOLLOW RD. ! ! ! ! ! ! ! MELVILLE,N.Y. 11747 ! ! ! ! ! ! ! ! PMP STH. #29 ! JERICHO !SIDNEY BOWNE ! $350,000.00 ! 10/89 ! 100 ! BOB STANTON 516/746-235 ! ! WATER DIST. ! ! '! ! ! 235 E.JERICHO TTPKE. ! ! ! ! ! ! ! MINEOLR, N.Y. 11501 ! ! ! ! ! ! ! MRMSSET ! GREAT NECK W. F.COSULICH ! $1,500,000.00 ! 4/89 ! 60 ! TOM LAUP.ENCELLE 516/364 ! VBLEY P.S. ! WATER POLL. ! ! ! ! ! 330 CMSS14AYS PARK OR. ! !CONTROL DIST.! ! ! ! ! WOODBURY, N.Y. 11797-20 ! BANCKER CONSTRUCTION CORP. Bencker ORGANIZATIONAL CHART - KEY PERSONNEL NAME - TITLE EXPERIENCE Harvey A. Beyer, B.C.E. New YORk, UnLve Aity -40 yea -&A Pn,"Zdent/T,te.aAu n -en Adm.i,n-i At4a tion o6 heavy con t "act i„on, Owner and CEO opeAZA'.ona. Stephen M. 13 ey en M.S. EnvZ&onme.nta t Eng.i.neeA.i,.n.g Execu Live V.Lce P&eALden t Re.n. Aefaen Potytechn.i.c In.6t-i to te, - 20 and Secyetan.y yearn a tima*.i,n.g and o44.-Lce e.ngLmeec od ut i...2.i ty con. tALLcti.on, pn,o j ec ta; Apec i,ati..z-i.n.g -Ln, w"te, water, tn,ea tmen t. AyAtem n,eAeonch. Michae.t S. 13 ey en. B.S. 13u A i.ne64 Admin i Ate at Lon S ynacu Ae, Manager - I n.du At i a t ltn.Lv e .Ai ty - Adm-i.n i..btuLtt on. o4 Retati.oper.eonne.t and equipment, indurtA4.at meta ti.on.d and ct i e.n t Leta t.Lonz . Wa.2tuL W. 13eh Len,6 B.S. Con6tru,ctLon Management Synac "e GeneAat Manager, (ImZver d-i.ty - 18 yeaa,6 e.ng-i.nee&in.g and conAt,Lw tion o4 to ltecommu,n Lcat mLon 4 Kevin. C. K"zwba D-vc.ec ton od Wate,L O p eAat,Lo nes - N.Y.C. Char.teA D. G -i ad.i.ce Con6tnu,c ion Manager, Jo"ph W. Baggott ViAec to,, ob Water. OpeAa i.onA-Su44oZ& N.Y.S. P Loo eAz i.on.a2. Engin.een. - 13.E . (CZvit) Manhattan, Co.2tege.,M.S. (Civit) New YoLh Potytech inzti to to -17 ye.0 " ut,U. ty con.6tvi at i,on. B.S. Long 1.6tand UnLve%-city -.15 yew exper fence in, atitity con-st uj c tion, n."pon.,"bte 4ot p&ocu>ce.ment o4 p ewitz and mater i.a.P.b , N . Y . S t Lcen.3 ed 4o& Smck4 tow Pn,event.4,.on TeAt# .&q. 28 yeah a od expen.i.e.nce. in att pha.ae.e 04 heavy co"t, a cti,on and u.*-�y con et,vLc tion John Lut t lett Mechan i..ca t Eng-i.ne.en,i.n.g ba.chg&ou nd Ch e.4 EAt i.mato L 4�com N . Y . I . T . - 11 ye utA mechan neat "timati.ng exper.i.enc.e, zpec.-i at-i.z-i.n-g in Pu,mp Station -6 and Sewage T tea tment. Ptan .A . BANCKER CONSTRUCTION CORP. NAME - TITLE ]o"ph G. Bnucia. Cmbte Ptmc i mg Supen.i.n te.ndent Mo -6" Bobo, Jn. D,inec ton, o4 Wa.t:en. 0 p e.A,at Lo n d - Na.b-Sau Cha,LZ" Madsen, Genena2. Con-6tAuc i -on Su.pe.n i.n. e,ndent Rudy G.,acca.gt i.a. Gen.eA.al' Con-6tA&ctLom Supen.i.. endend.-G" Geon.ge Tymda t General Con 6t,%u.c t i.on Su.pen i..n tenden t -Ga s Robert Lopez Genena.2. Co"t uc tLon Su,peAGi end en t-E-2ect,%Zc, Atben t N G-ian toma6zo Genen.at Cor"tn action Super,-intendent Herman Eue.P .4 -mg P,,o j ect Manag ec EXPERIENCE 27 y-,L� o4 expevLence in, con.etnuc tion and mai�enan.ce o4 tetephone pta t . 37 y ea A-6 o4 exp en,i.ence Zm g ene4ca t and u t i,2 -Uy com-6t ua.c ,-Lon. 20 yea A,6 o4 exp en i.ence a.n, gene a -t and u ti.2-i..ty con,6t v..etLon; .dpec.i.a t Lz-i.ng -i m g-,tav-i ty-sawe,,L zy.atems, dnaLnage, pLpe t.Lne,, p-Lpe, jac.h i..n.g and hon i.zontat earth b oni,n.g . 20 yeah" o4 4.i e.Ld exper fence -,Ln, pipe. t-i.n.e, con.btcuc tion, b&Zdge deck co"t.,Luct,Lon and conch eke ba,4,,L .en b ; ,6pe.c-ia.�z,Lng in ga-s main, and OZZ-a- Sta*.i,c. tine- -i..n4tz-t .at Lo" . 31 yea," o4 exp a aence Zm a.0 p hay e.s o4 maj on, h--ghway co"tAuctLon and bn,i.dge, con.etukct.Lon. AtAo expe.�raced Zm to e-commu,n Lcat Lon -i,n.b#,a.Qta t-,Lon.e , t,uL44-i..c t Lght-img pn,o jest♦ and gam main amts t to t i,o" . B.S. sta-te, Un,Lve-4,6 ty @ Oneonta. 10 yea tz exp enc i.ence 4,n g ene�ca2 and wt i ty con�st,%ac Lon. 32 yean,.e expeA Lmce ijt gene at and ut,tti,ty con6tAac t-. on,. 37 y e.at-6 exp en,Le-nce i.n, mechan i.ca a and Ut' P kty con a.t�cuc tZon. Bancker CRANES EXCAVATORS BACKHOES LOADERS TRENCHERS BANCKER CONSTRUCTION CORR. 218 BLYDENBURaH ROAD, P. O. BOX N. CENTRAL. ISLIP, NEN YORK 11722 - 516/562-8880 PAVEMENT CUTTERS COMPRESSORS TRUCKS EQUIPMENT LIST P&H CENTURY 18 TON P&H CENTURY 28 TON P&H OMEGA 20 TON KOMATSU PC200 KOMATSU PC150 JOHN DEERE 595 DYNAHOE 490 DYNAHOE 290 CASE 780D 4 X 4 JOHN DEERE 410 4 X 4 CATERPILLAR 446 4 X 4 CATERPILLAR IT28 KOMATSU 250 KOMATSU 180 CLEVELAND J-36 VERMEER 7550 DITCH WITCH ARROW DENVER VERMEER CC 135 375 250 185 10 WHEEL DUMP 10 WHEEL DUMP W/BOOM 6 WHEEL DUMP 6 WHEEL DUMP W/BOOM PICK-UPS & VANS STEP VANS CUBE VANS TRACTORS EANCKER CONSTRUCTION CORR. 6encKer EQUIPMENT LIST TRAILERS LOW BED 20 TON TAG-ALONGS S TON TAG ALONGS DUMP FLAT BEDS CABLE ROLLERS INGERSOLL RAND ST DRESSER lOT BEUTHLING 3T MISC. EQUIPMENT PIPE JACKS PNEUMATIC PIERCING TOOLS 24" BORING MACHINE 60" BORING MACHINE DIRECTIONAL DRILLING RIG TRENCH BOXES I" ROAD PLATES PUMPS ARROW BOARDS R.C. FORK LIFT TAPPING MACHINES PIPE SAWS TRENCH COMPACTORS GENERATORS BLOWERS LASERS. FUSION MACHINES i Bancker BANCKER CONSTRUCTION CORR. 218 BLYDENBURGH ROAD • P.O. BOX 230 • ISLANDIA, NEW YORK 11722-0230 TEL: 516/582-8880 • FAX: 516/582-3698 Credit References George Malvese & Co., Inc. 530 Old Country Road Hicksville, New York 11801 Tel: 516/681-7600 United States Pipe & Foundry Co. 150 White Plains Road Tarrytown, New York 10591 Tel: 914/332-0980 Syosset Truck Sales Inc. Jericho Tpke. at Oak Drive Syosset, New York 11791 Tel: 516/364-0600 Joseph G. Pollard Co.,Inc. 200 Atlantic Avenue New Hyde Park, New York 11042-5438 Tel: 516/746-0842 Gregory Hardware k Lumber 251 East Shore Road Great Neck, New York 1102.3 Tel: 516/487-1400 SURETY The Firemen's Insurance Co. of Newark,N.J. c/o Business Insurance Agency. Inc. 353 Veterans Memorial Highway Commack, New York 11725-0789 Tel: 516/864-2200 BANKING National Westminster Bank - USA 240 Plandome Road, Manhasset.N.Y. 11030 Mr.Fred Geiger, Tel: 516/627-7840 Acct # 2007 11 1565 Federal I.D. # CREDIT REF. 11-1876887 11 C • • • C • • 0 • 9 • 4 ' . 4. List the major construction projects your organization has underway at this date: Engineer/ Contract Percent Scheduled Project Owner Architect Amount Com In ete Completion 5. List five major projects you organization has completed in the past five years: Work Done With Engineer/ Contract Date of Own Forces Project Owner Architect Amount Completion % Of Work Trades 6. List the construction experience of the principal individuals of your organization (particularly the anticipated project supervisors): Present Type of Work Position Years of For Which In What Individuals's Name Or Offige, Experience Responsible CapacitX 5cs 7. Do you have, or can you obtain, sufficient men and equipment to commence work when required and complete the work within the Contract Time? 8. Bank References: S" /�� QS -2 • 9. Trade Association Membership: •,n-- h�� 10. Attach current state of financial conditions showing assets, liabilities and net worth. • • STATE OF COUNTY OF, being duly, sworn deposes and says that he is the • ' of contractor and that answers to the foregoing questions and all statements there n iontained are true and correct. Sworn to before me this day of `� u % . , 19jZ • Notary Public Commission Expiration ate: 30 4�a MARGARET KETCHAM • Notary Public, State of New York No 52-4823107 G.,;:aiified in Suffolk County ComrZ'sion Expires h 30,18.` :M :3M QS -3 0 0 SCAVENGER WASTE TREATMENT PLANT MODIFICATIONS FOR TOWN OF SOUTHOLD SCAVENGER WASTE TREATMENT PLANT GREENPORT, NEW YORK CAMERON ENGINEERING, P.C. 50 CHARLES LINDBERGH BLVD 811 JERICHO TURNPIKE UNIONDALE, NEW YORK 11553 SMITHTOWN, NEWYORK 11787 AUGUST 1991 0 SCAVENGER WASTE TREATMENT PLANT MODIFICATIONS TOWN OF SOUTHOLD, NEW YORK TABLE OF CONTENTS • TOC -1 E Page No. I13-1 thru I13-7 B-1 thru B-4 BB -1 thru BB -2 NC -1 thru NC -2 QS -1 thru QS -3 A-1 thru A-4 N-1 PF -1 thru PF -2 PB -1 thru PB -3 NP -1 GC -1 thru GC -42 1-1 thru 1-2 2-1 3-1 thru 3-4 4-1 5-1 thru 5-8 6-1 thru 6-2 7-1 8-1 thru 8-3 9-1 10-1 thru 10-2 11-1 thru 11-6 Title Page Table of Contents Notice to Bidders (Advertisement) Instruction to Bidders Bid (Proposal) Bid Bond Non -Collusive Bidding Certification Bidder's Qualification Statement Agreement Notice of Award Performance Bond Labor and Material Payment Bond Notice to Proceed General Conditions Technical Specifications: Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Section 9 Section 10 Section 11 TOC -1 E Page No. I13-1 thru I13-7 B-1 thru B-4 BB -1 thru BB -2 NC -1 thru NC -2 QS -1 thru QS -3 A-1 thru A-4 N-1 PF -1 thru PF -2 PB -1 thru PB -3 NP -1 GC -1 thru GC -42 1-1 thru 1-2 2-1 3-1 thru 3-4 4-1 5-1 thru 5-8 6-1 thru 6-2 7-1 8-1 thru 8-3 9-1 10-1 thru 10-2 11-1 thru 11-6 • 0 I I I 1 • • : It ' HNMWMUTOI P ko lul aj. 1.1 The term "Bidding Documents" includes the following: a) Instruction to Bidders b) Bid (Proposal) c) Non -Collusive Bidding Certification d) Bidder's Qualification Statement e) Addenda (when applicable) f) Agreement g) General Conditions h) General Requirements i) Specifications j) Drawings 1.2 Complete sets of Bidding Documents must be used in preparing bids; neither Owner nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. • 1.3 Owner and Engineer in making copies of Bidding Documents available do so only for the purpose of obtaining bids on the work and do not confer a license or grant for any other use. 1.4 Failure to comply with any of the following instructions shall constitute cause for which the Bid may be rejected. 2. BID FORM 2.1 Each bid shall be made on the "Bid Form" attached hereto and shall 0 remain attached hereto as one of the Bid Documents. 2.2 All blanks on the Bid Form must be completed in ink, in both words and figures with the unit or total sum, or both, for which the Bid is made. 2.3 Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed • IB -1 0 U, • and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. 2.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. • 2.5 All names must be printed below the signature. 2.6 The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 2.7 The address and telephone number for communications regarding the Bid must be shown. 2.8 If Bids contain any omissions, erasures, alterations, additions or items not called for in the itemized bid or contain irregularities of any kind, such may constitute cause for rejection of the Bid. In case of any discrepancy in the unit price or amount bid for any item in the Bid, the unit price, as expressed in written words, shall govern. • Bids shall be delivered by the time and to the place stipulated in the advertisement and shall be enclosed in an opaque sealed envelope, marked with the Project Title and name and address of the Bidder and accompanied by the Bid Security and other required documents. If the Bid is sent through the mail or other delivery system, the • sealed envelope shall be enclosed in a separate envelope with the notation 'BID ENCLOSED" on the face of it. It is the sole responsibility of the Bidder to see that his bid is received in the proper time. 0.11 M 9011 4.1 Bid security shall be submitted with Bid in the amount of five (5%) percent of the Bid. Security shall be in the form of a certified check or Bid Bond by a Surety Company authorized to do business in the State of New York. • 42 The Bid Security, except those of the Successful Bidder and the second and third lowest bidders, will be returned as soon as practicable after the bid openings. • 43 Bid Security of the second and third lowest bidders will be returned as IB -2 C • soon as practicable after signing of the Contract, but the Owner shall not retain them more than forty-five (45) days after opening of bids, • except by mutual agreement. 4.4 The Bid Security of the Successful Bidder will be retained until such bidder has executed the Agreement and furnished the required Contract Security. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required Contract Security within fifteen days after the Notice of Award, Owner may annul the Notice of Award and the Bid Security of that bidder will be forfeited. • The number of days within which the work is to be completed and ready for final payment is set forth in the Agreement. • 6. LIQUIDATED DAMAGES Provisions for Liquidated Damages are set forth in the General Conditions. 7. QUALIFICATIONS OF BIDDERS • Any Bidder must be prepared to present within five days of Owner's request the "Bidder's Qualification Statement" giving written evidence of experience, ability and financial standing as well as present commitments and an inventory of facilities and equipment. The Owner reserves the right to reject any bid if the evidence submitted • by,or investigation of, such Bidder fails to satisfy the Owner that such Bidder is properly qualified to carry out the obligations of the Contract and to complete the work contemplated therein. 11 • •:IM Pic I � 11 •' • • 8.1 Before submitting a proposal, all bidders shall carefully examine the Drawings, Specifications and other Bid Documents, shall visit the site of the proposed work and shall become fully informed of conditions and limitations associated with fulfilling the requirements of the • Contracts. 8.2 No plea of ignorance of misunderstanding of conditions that exist or that may hereafter exist, or of conditions or difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary examinations and investigations • IB -3 40 • as may be expected of a reasonable prudent bidder, will be accepted as an excuse for any failure or omission on the part of a Contractor to fulfill in every detail all of the requirements of the Bid Documents, or will be accepted as a basis for any claims whatsoever for extra compensation, or for an extension of time. 8.3 Reference is made to the General Requirements for subsurface • information obtained during design of the Project. 9.1 All questions about the meaning or intent of the Contract Documents are to be directed to Engineer. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer or Owner as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. • 9.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer. 10. MODIFICATIONS • Bids shall not contain any recapitulation of the Work to be done. Modifications, exceptions or oral bids will not be considered. • Erasures or other corrections in the Bid Form must be initialed by the person signing the Bid Form. I ./II.10; • 12.1 Any bidder may withdraw his bid, either personally or by written request, if such request is received by the Owner prior to one (1) minute before the scheduled closing time for receipt of bids. 12.2 All bids will remain subject to acceptance for forty-five days after the day of the bid opening, but Owner may, in its sole discretion, release • IB -4 U any prior to that date. • 12.3 If, within twenty-four hours after bids are opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its bid, that bidder may withdraw its bid. Thereafter, that bidder will be • disqualified from further bidding on the work to be provided under the Contract Documents. •i• • We ' ; 0 The Bidder must be capable of performing the work required in the Contract and • shall perform a substantial portion thereof with his own resources. Reference is made to the General Conditions for work by subcontractors. LEMON iJAW' : i • No person, firm or corporation shall be allowed to make more than one bid for the same work, unless alternate bids are called for. A person, firm or corporation who has submitted a bid to a bidder, or who has quoted prices on materials to a bidder, is not hereby disqualified from submitting a bid or quoting prices to other bidders. • 15. NON -COLLUSIVE BIDDING CERTIFICATION Each bidder submitting a bid to the Owner for the work contemplated by the Bid Documents on which bidding is based shall execute and attach thereto an affidavit substantially in the form herein provided (Non -Collusive Bidding Certification), to • the effect that he has not colluded with any other person, firm, or corporation in regard to any bid submitted. 16. AWARD OF CONTRACT • 16.1 Owner reserves the right to reject any and all bids, to waive any and all informalities not involving price, time or changes in the work and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional bids. Also, Owner reserves the right to reject the bid of any bidder if Owner believes that it would not be in the best interest • of the Project to make an award to that Bidder, whether because the bid is not responsive or the bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner. Discrepancies in the multiplication of units of work and unit prices will be resolved in favor of the unit prices. • IB -5 • • • Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 16.2 In evaluating bids, Owner will consider the qualifications of the bidders, whether or not the bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. • 16.3 Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any bid and to establish the responsibility, qualifications and financial ability of bidders to perform and furnish the Work in accordance with the Contract Documents to Owner's 9 satisfaction within the prescribed time. 16.4 If the Contract is to be awarded, it will be awarded to the Lowest Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Project. 0 16.5 If the Contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within forty-five days after the day of the bid opening. 17. PERFORMANCE BOND AND LABOR AND MATERIALS PAYMENT • BOND The General Conditions sets forth the Owner's requirements as to Performance and Labor and Materials Payment Bonds. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by the required Performance • and Payment Bonds. 18. INSURANCE The General Conditions set forth Owner's requirements as to Insurance. When the 0 Successful Bidder delivers the executed agreement to Owner, it must be accompanied by the required Insurance Certificates. 19. MAINTENANCE BOND • The Successful Bidder will be required to provide a Maintenance Bond for a period of one (1) year from the date of final acceptance, against any and all omissions and defects which may develop or require attention as a result of his performance of the Contract. • o 11 • • When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by three copies of the Agreement with all other written Contract Documents attached. Within fifteen days thereafter, Contractor shall sign and deliver the Agreement and attached documents to Owner with the required Bonds and Insurance coverage. Within ten days thereafter, Owner shall deliver one fully signed copy to Contractor. Each copy is to be accompanied by a complete set of the Drawings with appropriate identification. A Prebid Conference will be held as indicated in the Notice to Bidders. Representatives of Owner and Engineer will be present to discuss the Project. Engineer will transmit to all prospective bidders of record such Agenda as Engineer considers necessary in response to questions arising at the Conference. • • C • • U IB -7 0 0 • BID SCAVENGER WASTE TREATMENT PLANT MODIFICATIONS TOWN OF SOUTHOLD, NEW YORK Bid of �A-hncT s L'%rv-#-"t-4 Cb-, /^,-L herein after called 'Bidder", a hJ;EW YIMUL.. corporation/ • (State) s-partnership/an individual doing business as to Gw%j 09- Z047 -"U4 _ _ _ _ hereafter called "Owner". .-A 0 • • Gentlemen: The Bidder, in compliance with your invitation for bids for the construction of 4' 1400I1-4Grs-* I To TowtJ Or- $s.TN4%► 9a&,.MWW4 uJAC-M T&9*-,r#A%vqr Amar GA&W#JPe10,T tJSw o -d having examined the Bidding Documents and the following Addenda (receipt of which if hereby acknowledged): Date Number • and the site of the Proposed Work, and being familiar with all of the conditions surrounding the construction of the Proposed Project including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies and to construct the Project in accordance with the Bidding Documents, within the time set forth therein and at the prices stated below. These prices are to cover all expenses incurred in performing the Work required under the Bidding Documents, of which this Proposal becomes a part thereof. C • PROPOSAL TOWN OF SOUTHOLD SCAVENGER WASTE TREATMENT PLANT MODIFICATIONS Item No. 1 - Mechanical Bar Screen • Lump sum price for Mechanical Bar Screen, complete. In Words: N Dollars and v Cents • In Figures: $ S s 3 0, o v r7 .-A Item No. 2 - Grit Removal System Lump sum price for Grit ritR�emoval System, complete. • In Words: Dollars and �j o Cents In Figures: $ �� 4 o v• 0 0 • Item No. 3 - Odor Control Piping Modifications • Lump sum price for Odor Control Piping Modifications, complete. -T-J.- it v In Words: S 4- a Q�-� - ► 1 - / tom- ' Dollars and a Cents • In Figures: $"7� 7 S 0. o v • 40 • Item No. 4 - Concrete • Lump sum price for Concrete, complete. 'C4:r� 'T 1. o•.s•_.� w_.� In Words: Dollars and v Cents • In Figures: $ -3 v 0 3 0, 0 V • Item No. 5 - Masonry Lump sum price for Masonry, complete. In Words: N �_ 1 •1 w 1 S : Dollars • and N Cents In Figures: $ S 7• G o, o v • Item No. 6 - Air Compressor • Lump sum price for Air Compressor, complete. In Words: Dollars and v Cents • In Figures: $ 1, 0 S o. o a • MR L --A • Item No. 7 - Electrical Work • Lump sum price for Electrical Work, complete. wd\vim In Words: \-\"-I I - ..l j a Dollars and N o Cents • In Figures: $ 9 0 . o o • Item No. 8 - Sound -Proof Door Lump sum price for Sound -Proof Door, complete. In Words: N ! . a - -.1 C, ; Dollars • and Cents In Figures: $ 3 c7 G o 00 • Item No. 9 - Roofing Lump sum price for Roofing, complete. �- o"r- o s a it \` r • In Words: Dollars and i j o Cents In Figures: $ 7 0• ay • Item No. 10 - Painting Lump sum price for Painting, complete. In Words: Dollars and SJ d Cents • In Figures: $ (G . oy B-4 • ! • • TOTAL OR GROSS BID IN FIGURES: 10 ;k. 3 `i 3 'i . 0 0 TOTAL OR GROSS BID WRITTEN IN WORDS: . _ / \ �+ (= d s-- and ,Dollars Cents The work performed under this Contract is hereby guaranteed for a period of one (1) year from the date of final acceptance by the Owner. All equipment furnished and installed under this Contract is hereby guaranteed for the same term. The guarantees are in accordance with the requirements contained in the Contract Documents and Specifications. If the Proposal, or any alternate, is accepted, the Contractor will start work within 15 days after the date of the Award of Contract and will complete the work within 1 g_p days from the date of Award of Contract. The Bidder shall submit a list of all materials and equipment which he proposed to install, with his bid, including a copy of the manufacturer's specifications for each item. All items shall be subject to the approval of the Engineer. This Bid may be withdrawn at any time prior to the scheduled time for the opening of Bids or any authorized postponement thereof. The undersigned declare that the only persons interested in this proposal or the Contract proposed to be taken, as principals, are as stated; that this proposal is in all respects made without collusion or fraud; that the undersigned will, within fifteen (15) days after the mailing or delivery of notice of acceptance of this Bid, execute and deliver a Contract in the Form of Contract shown in the Proposal Section of these Contract Documents. NAME OF BIDDER �A""''�'t S H ��-�� y C' •+ • ADDRESS OF BIDDER t1'4 P► t &J %I tis w r f T GR.Ut.• t t 03 ! TELEPHONE NUMBER SIGNED BY `� TITLE ibo"Mds rt'slo*'Piroo DATE Im L C] • • • KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned as Principal, and hereby held firmly bound unto as Surety, are in the Penal Sum of for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs,executors, administrators, successors, and assigns. Signed this day of , 19 THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that, WHEREAS the Principal has submitted to a certain bid, attached hereto and hereby made a part hereof, to enter into a Contract in writing, for the NOW, THEREFORE, • a) if said Bid shall be rejected, or in the alternate b) if said Bid shall be accepted and the Principal shall execute and deliver an Agreement in the form attached hereto (properly completed in accordance with said Bid) and shall furnish a Bond for his faithful performance of said Agreement, and for the payment of all persons performing labor or furnishing materials in connection therewith and shall in all other respects perform the Agreement created by the acceptance of said Bid. 0 Then, this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. • I' ' 0 • The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Obligee may accept such bid; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. Principal 0 by • L� • • • • NON -COLLUSIVE BIDDING CERTIFICATION 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 his 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; 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 and prior to opening, directly or indirectly, to any 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 Jr&t$A *K -Y ( , 199,• • Legal Name of Person, Firm or Corporation by W) a" J)d"M V 9 , OR03 t otwr • THE FOLLOWING RESOLUTION FORM MUST BE COMPLETED IF LTTE BIDDER IS A CORPORATION: • • 0 ed that L.1AW+ A. 00"k pc e$4S%14biJ1r 0V- ZA*Ao 4= �.►�,.�,.� Co.(�e. (Name and Title of Signator and Name of Corporation) be authorized to sign and submit the Bid Proposal of this corporation for the following project. NC -1 • • r • • •. • • • 0 And to include in such bid the Certificate as to Non -Collusion required by Section 103-D of the General Municipal Law as the act and deed of such corporation and for any inaccuracies or misstatements in such Certificate this Corporate Bidder shall be liable under the penalties of perjury. The foregoing is a true and correct copy of the resolution adopted by (Name of Corporation at a meeting of its Board of Directors held on the Corporation) day of r—E6A--)A," , 1g i v. (SEAL OF CORPORATION) e NC -2 • • BIDDER'S QUALIFICATION STATEMENT The signatory of this questionnaire certifies under oath the truth and correctness of all statements and of all answers to interrogatories hereinafter made. • ��UG� 4. SUBMITTED BY: V '"/ ��►� K A Corporation A Go Partnership Aj3 indi ridzi21 _ • PRINCIPAL OFFICE: '75"&A4s T ?,*rI'Wt leper aj4...JW1*60 , /✓dw yo' -W4 /i103 • PRINCIPAL OFFICERS BACKGROUND • PROFESSIONAL =E NAME ADDRESS OR TRADE jkW$0% 'r w�w�Mh ►1 . SIR*k: 1610 A �Koe'rV0., 47&s&*, MM &V.1. *T"*6 aSTw.w a. �+►w,w... 14""S Cr. e*#Z Td*ffW" v. e . T.».• we. a.,M14c. Q is S Ole . w%' -%A&M K.144000AKI 1a �� oma 4�. , �l,ow.«,..Z 44 • 1. How many years has your organization been in business as a general contractor under its present business name? 3,5'YgA , • 2. You normally perform what percent of the work with your own forces? % List trades below: "Ae N q • 3. Have you ever failed to complete any work awarded to you? 0 . If so, note where and why. • QS -1 F: a JOBS UNDER CONSTRUCTION - EFFECTIVE SEPTEMBER 30, 1991 PAGE 1 PROJECT & LOC. OWNER COMPLETION DATE % COMPLETE Great Neck North Great Neck UFSD 640,426.05 October 1991 99% High School Cedar Creek WPCP Nassau County 18,042,312.85 November 1991 99% Phase IVA-G.C. Cedar Creek WPCP Nassau County 560,556.48 November 1991 94% Phase IVA-Plumbing Nassau County Nassau County 564,151.00 November 1991 99% Corretional South Wing Showers Coney Island WPCP NYC Dept. of 2,075,310.00 June 1992 93% Aeration Facilities Environmental (Silverite) 7G Protection No. Hempstead Park Town of North 1,253,003.38 November 1991 99% P.A.C. Building Hempstead Leachate Treatment Town of North 8,517,165.04 November 1991 95% Facility Cont. #1 Hempstead Bay Park W.P.C.P. Nassau County 7,968,259.64 December 1991 83% Phase IV B t Cedar Creek WPCP Nassau County 3,334,267.70 November 1991 99%, S Bldg. Recommis . Port Washington Port Washington Water 123,343.00 November 1991 98% WPCP-Replace Pump Pollution Control Station R District NY Aquarium NY Zoological 1,989,413.00 January 1992 76% Sea Cliffs Exhibit Society Bay Park W.P.C.P. Nassau County 672,390.00 November 1991 95% Digester Gas Wards Island WPCP NYC Dept. of 1,117,700.00 February 1992 49% Sludge Dewatering Environmental Prot. JOBS UNDER CONSTRUCTION - EFFECTIVE SEPTEMBER 30 1991 PROJECT & LOC. OWNER Page 2 COMPLETION DATE % COMPLETE Cedar Creek W.P.C.P. Nassau County 477,400.00 August 1992 80% Phase IVB Jamaica W.P.C.P. NYS-Dept. of 5,050,000.00 February 1992 17% Sludge Dewatering Environmental Prot. Contract #56G Jamaica W.P.C.P. NYS Dept. of 914,940.00 February 1992 35% Sludge Dewatering Environmental Prot. Contract #56P Nassau Correctional Nassau County 6,516,089.29 February 1992 89% 832 Cell Consolidation Sea Crest/Perini L.I. Development Ctr. NYS Facilities 1,073,820.00 January 1992 2% Denitrification Sys. Development Corp. at Sewage Plant C.W. Post College L.I. University 723,485.04 April 1992 50% Wastewater Pumping Sta. Single Campus Schumacher & Forell 1,555,368.65 November 1991 99% Consolidation Inc. & AIL Systems t Bay Park W.P.C.P. Sea Crest/Picone/F&V 9,505,354.92 December 1991 96% S.W. Sludge Dewatering Tri -Venture Facility Coney Island WPCP NYC Dept. Environ. 19,840,850.00 January 1994 2% Sludge Thickening Fac. Protection Contract 8G - J.V. Martin Luther Ring Village of Freeport 237,157.00 November 199,1 93% Pool Rehabilitation JOBS UNDER CONSTRUCTION - EFFECTIVE SEPTEMBER 30 1991 ' PROJECT & LOC. OWNER Manhasset -Lakeville Manhasset -Lakeville 818,300.00 W.W.T.P. Searingtown Water District Road Pump Station Suffolk County Suffolk County 358,880.00 Correctional West Wing Add & Alt Cedar Creek W.P.C.P. Nassau County 3,937,276.00 Admin. Bldg. Lab. Exp. G.C. and Plumbing Correctional Page 3 COMPLETION DATE % COMPLETE April 1992 0% April 1993 0% March 1993 2% RECENTLY COMPLETED PROJECTS - EFFECTIVE SEPTEMBER 30, 1991 PROJECT & LOCATION OWNER CONSULTANT CONTACT TELEPHONE Jericho Water Jericho Water Sidney Bowne W. Pedalino 516 921-8280 District -Well #22- District and Son Holbrook Firehouse Holbrook Fire Schaardt & R. Fullan 516 785-2378 District Fullan Satellite Maint. Nassau County Irving Comm. L. Hasl 516 535-2003 Facility Kleinman Port Washington Port Washington William F. J. Marturano 516 365-9880 S.T.P. Improvements Water Pollution Colsulich Control District IKEA Inc. IKEA, Inc. Dominion F. Scalza 516 249-0888 Broadway Mall Construction Bayview Avenue & Great Neck Water William F. J. Marturano 516 365-9880 Grist Mill Pumping Pollution Control Cosulich Assoc. Stations District Chemical Storage Entenmann's Inc. ERM Group H. Ritter 516 273-6000 Tank 1 Imps. to Sewage Great Neck Water William F. J. Marturano 516 365-9880 Treatment Plant Pollution Control District Tobay Beach Waste Town of Oyster Lockwood, K. Smith 516 938-0600 Water Supply Well Bay Kessler & Bartlett Suffolk County Suffolk County Lawrence L. D. Mastanduno Office Building Smith Assoc. 516 273-2333 Renovation Heckscher State NYS Office of NYS Office G. Nonnon 516 669-1000 Park Park of Park PAGE 1 CONTRACT DATE 114,640 7/91 335,522 6/91 266,220 6/91 233,460 6/91 454,196 4/91 1,879,661 2/91 236,605 2/91 156,773 1/91 198,700 6/90 178,086 6/90 138,800 5/90 I RECENTLY COMPLETED PROJECTS - EFFECTIVE SEPTEMBER 30, 1991 PROJECT & LOCATION OWNER CONSULTANT CONTACT TELEPHONE Floral Park Village of Seelye, M. Hillman 516 349-7540 DPW Garage Floral Park Stevenson, L.I. Development NYS Facilities H2M Group Value & Knecht _ Alts. to Various Rockville Centre Fred H. Thomas J. Roussine 516 222-2177 Schools U.F.S.D. PAGE 2 CONTRACT DATE 239,400 5/90 177,310 5/90 Long Beach S.T.P. City of Long William F. J. Marturano 516 365-9880 7,282,800 Long Beach, NY Cosulich Assoc. L.I. Development NYS Facilities H2M Group G. Older 516 756-8000 618,300 Center S.T.P. Development Corp. Cedar Creek WPCP Nassau County Malcolm Pirnie Comm. Hasl 516 535-2003 562,345 Phase IIIC Generators Nassau Beach Nassau County Greenman- Comm. Hasl 516 535-2003 182,944 Maintenance Bldg. Pedersen Bay Park W.P.C.P. Nassau County Hazen & Sawyer Comm. Hasl 516 535-2003 3,196,414 Phase II-Silverite Medford Resident NYS Office of N.Y.S. O.G.S. S. Nolan 212 519-5191 124,729 Engineer General Services Windwatch S.T.P. Subcontract Nelson & Pope R. Lisi 516 621-1100 1,443,084 E.W. Howell Co. Red Hook WPCP NYS Dept. of Hazen and J. Ramaglia 212 566-3513 1,214,134 Brooklyn Envir. Prot. Sawyer So. Farmingdale So. Farmingdale H2M Group P. Granger 516 756-8000 Replace Plant Meters Water Dist. Riverhead Suffolk County Beatty and G. Beatty 212 563-0565 Correcitonal Fac. Harvey 3/90 2/90 12/89 12/89 12/89 12/89 12/89 12/89 108,619 11/89 401,042 11/89 i RECENTLY COMPLETED PROJECTS - EFFECTIVE SEPTEMBER 30 1991 PROJECT & LOCATION OWNER CONSULTANT CONTACT TELEPHONE Port Washington Port Washington William F. J. Marturano 516 365-9880 C&F Pump Stations Water Pollution Cosulich Assoc. Control District LILCO Backflow Long Island LILCO M. Granath 516 420-6110 Roslyn & Bellmore Lighting Co. PAGE 3 CONTRACT DATE 716,790 10/89 162,857 10/89 Bay Park WPCP Nassau County Hazen and Comm. Hasl 516 535-2003 14,811,648 10/89 Phase IIIA Ocean Beach Village of Well #3 Ocean Beach Calgon Carbor SCWA Suffolk County Various locations Water Authority Uniondale Schools Uniondale Public Schools Renovate Police Suffolk County Garage, Yaphank Nassau County Jail Nassau County Multi Purpose Bldg. Sands Point Village of Sands Wells No. 2 & 5 Bay Park W.P.C.P. Nassau County Pt. Jefferson Suffolk County Waste Water Treat- ment Plant Bay Park W.P.C.P. Nassau County Phase I 70 MGC (JV) Sawyer RE Pustorino E. Reilly 516 499-1888 Calgon Carbon B. Laghi 412 787-6839 Corp. James J. Campbell 516 587-1984 Campbell Assoc. Suffolk Co. A. Broderick 516 282-1545 Alan Comm. Hasl Friedland Sidney Bowne R. Stanton & Son Hazen & Sawyer Comm. Hasl Havens & E. Byrne Emerson 141,180 10/89 326,800 9/89 122,744 9/89 344,063 6/89 516 535 2003 433,574 4/89 516 746-2350 186,658 6/89 516 535-2003 3,175,385 516 466-4100 2,253,681 Hazen & Sawyer Comm. L. Hasl 516 535-2003 7,601,920 3/89 1/89 1/89 Syosset Schools Syosset UFSD Sanitary Sewer Connections Newsday Plant Newsday Improvements RECENTLY COMPLETED PROJECTS - EFFECTIVE SEPTEMBER 30, 1991 PROJECT & LOCATION OWNER CONSULTANT CONTACT TELEPHONE Bay Park W.P.C.P. Nassau County Hazen & Sawyer Comm. L. Hasl 516 535-2003 Phase II Plumbing Huntington S.W.F. q Town of H2M Group A. Fisher - 51� 756 8000 Mech. (Ferran) Huntington Topic House Nassau County Cafarelli Comm. L. Hasl 516 535-2003 Syosset Schools Syosset UFSD Sanitary Sewer Connections Newsday Plant Newsday Improvements Roslyn Pump Nassau County Station Jones Beach State New York State Park East Bathhouse Office of General Service Associates Mignone Assoc. I. Bernson PAGE 4 CONTRACT DATE 212,081 12/88 2,928,800 12/88 129,800 11/88 516 661-6782 693,000 9/87 Austin Company C. Leavitt 201 756-9000 1,220,979 8/87 Velzy Assoc. Owner Comm. L. Hasl 516 535-2003 S. Nolan East Hampton SWT Town of East Holzmacher, A. Fisher Hampton McLendon & Murrell C.V.M. Facility Town of Oyster Alan Friedland A. Friedland Bay Associates 516 785-1160 516 752-9060 516 931-6611 405,414 7/87 303,186 6/87 812,500 12/86 274,500 12/86 Seven Pumping Stat. Suffolk County Charles Velzy V. Decollibus 516 742-8831 535,000 S.W. Sewer Dist. Associates Southold W.C.P.C. Town of Southold Holzmacher, G. Desmarias McLendon & Murrell Clinton G. Martin Town of Sverdrup & K. Clausen Swimming Pool N. Hempstead Parcel 516 727-3480 778,000 12/86 12/86 212 695-4959 1,745,000 6/86 1 RECENTLY COMPLETED PROJECTS - EFFECTIVE SEPTEMBER 30, 1991 PROJECT & LOCATION OWNER CONSULTANT CONTACT TELEPHONE Inwood W.P.C.P. Nassau County Velzy Assoc. Comm. L. Hasl 516 535-2003 Digester Improv. Riverhead S.W.T.P. Town of Riverhead H2M Assoc. A. Fisher 516 752-9060 PAGE 5 CONTRACT DATE 1,148,000 12/85 2,230,641 12/85 (#a»1es c_T cculla_gh Co., Sm. ESTABLISHED 1916 7S EAST BETHPA13E ROAD PLAINVIEW, NEW YORK 11803-4201 T 11011 (54 293-8800 Construction experience of individuals -principals and employees: TITLE/ YEARS OF NAME POSITION CONSTRUCTION CAPACITY EXPERIENCE William I1. Doremus President 30 Executive Officer Arthur G. Marvin Executive V.P. 27 Superintendent & Treasurer John W. Clukies, II Vice Pres. William M. iieberer, Jr. Secretary Ellyn Steinberg Jack Wettengel William Koran Michael Luger Gerald Werner Richard Felicetta Keith Olsen 8/91 Controller Gen. Supt. Gen. Supt. Project Manager Project Manager Project Manager Project Manager Manager 21 Management & Engineering 27 General Admin. Manager 23 Administration 25 Field & General Supervision 28 Field and General Supervision 19 Project Manager 26 Project Manager 10 Project Manager 10 Project Manager r • 4. List the major construction projects your organization has underway at this • date: SFT kttA-e 090 Engineer/ Contract Percent Scheduled Project Owner Architect Amount Complete Completion • 5. List five major projects you organization has completed in the past five years: • SE & A4-rTA'C erg r> Work Done With Engineer/ Contract Pate of Own Forces Prgiect Owner Architect Amount Completion % Of Work Trades • • 6. List the construction experience of the principal individuals of your organization (particularly the anticipated project supervisors): pti t"Ac*s, i Present Type of Work Position Years of For Which In What • Individuals's Name Or Office Experience Responsible a a i • 7. Do you have, or can you obtain, sufficient men and equipment to commene work when required and complete the work within the Contract Time? '-Ie s • 8. Bank References: ��cu►E"S µ P' ` �"' "r'' - V 0 ?' %it or (iv o t)I.V&A t-6L.%..w F.aa> QS -2 0 j JAMES McCULLAGH CO., INC. AND AFFILIATE COMBINED FINANCIAL STATEMENTS YEARS ENDED DECEMBER 31, 1990 AND 1989 :BEP. DE: A BEC PRACTICE SECTION YORK BTATE SOCIETY OE :TIEIED PUBLIC ACCOUNTANTS JERSEY SOCIETY OE :TIEIED PUBLIC ACCOUNTANTS •A WORLDWIDE ABSOCIATION OE -- EIRI.IS BOREK, ST❑CKEL & COMPANY CERTIFIED PUBLIC ACCOUNTANTS, P.C. ONE GATEWAY PLAZA • PORT CHESTER, NEW YORK 10573-4650 TELEPHONE: (914) 934-2400 FAX: (914) 937-0344 INDEPENDENT AUDITORS' REPORT To the Board of Directors and Stockholders James McCullagh Co., Inc. and affiliate 75 East Bethpage Road Plainview, New York 11803 We have audited the accompanying combined balance sheets of James McCullagh Co., Inc. and affiliate as of December 31, 1990 and 1989, and the related combined statements of income, retained earnings, and cash flows for the years then ended. These combined financial statements are the responsibility of the Company's management. Our responsibility is to express an opinion of these combined financial statements based on our audits. We conducted our audits in accordance with generally accepted auditing standards. Those standards require that we plan and perform the audits to obtain reasonable assurance about whether the combined financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the combined financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall combined financial statement presentation. We believe that our audits provide a reasonable basis for our opinion. In our opinion, the combined financial statements referred to above present fairly, in all material respects, the financial position of , James McCullagh Co., Inc. and affiliate as of December 31, 1990 and 1989, and the results of their operations and their cash flows for the years then ended in conformity with generally accepted accounting principles. Our audits were made for the purposes of forming an opinion on the basic combined financial statements taken as a whole. The accompanying information in pages 23 through 33 is presented for purposes of additional analysis and is not a required part of the basic combined financial statements. Such information has been. subjected to the auditing procedures applied in the audit of the basic combined financial statements and, in our opinion, is fairly stated in all material respects in relation to the basic combined financial statements taken as a whole. BOREK, STOCKEL & COMPANY Certified Public Accountants, P.C. lz� Port Ch ster, New York March 4, 1991 NEW JERSEY OFFICE: 2035 LINCOLN HIGHWAY • EDISON. NEW JERSEY 08617-3351 TELEPHONE.: (201) 248-9550 FAX: (201) 248-9554 10 -2 - JAMES McCULLAGH CO., INC. AND AFFILIATE COMBINED BALANCE SHEETS DECEMBER 31, 1990 AND 1989 1990 1989 A S S E T S Current assets: Cash and cash equivalents $ 165,746 $ 1,996,008 Short-term investments 540,354 - Marketable securities 1,799,986 240,628 Current portion of mortgages and notes receivable 15,846 22,173 Current portion of notes receivable - common stock issuance 49,433 49,433 Accounts receivable, net of allowance for doubtful accounts (1990 $394,061; 1989 $212,727) 4,631,332 6,318,340 Retainage receivable 1,544,056 1,667,016 Bonds substituted for retainage 1,341,301 793,207 Costs and estimated earnings in excess of billings on uncompleted contracts 1,051,802 701,225 Inventory 101,237 95,661 Investment in unconsolidated joint ventures 781,892 729,814 Prepaid expenses and other receivables 149,924 102,593 Total current assets 12,172,909 12,716,098 Property, plant and equipment: Land 1389123 138,123 Building and improvements 6861398 686,398 Machinery and transportation equipment 787,682 661,440 Furniture and fixtures 289,663 283,672 1,901,866 1,769,633 Less accumulated depreciation 1,006,862 873,012 Net property, plant and equipment 895,004 896,621 Other assets: Mortgages and notes receivable, net of current portion 109,622 58,509 Notes receivable - common stock issuance, net of current portion 49,434 98,867 Loans receivable - officers 84,869 207,398 Cash value of officers' life insurance 147,838 84,216 Total other assets 391,763 448,990 Total assets $13,459,676 $14,061,709 -3- Commitments and contingencies Stockholders' equity: Common stock 168,000 168,000 Additional paid -in capital 242,901 242,901 Retained earnings 5,919,306 51569,466 6,330,207 5,980,367 Less treasury stock 471,500 471,500 Total stockholders' equity 5,858,707 5,508,867 Total liabilities and stockholders' equity $13,459,676 $14,061,709 See notes to combined financial statements. 1990 1989 LIABILITIES AND STOCKHOLDERS' EQUITY Current liabilities: Current portion of long-term debt $ 121,668 $ 219,417 Accounts payable 1,655,988 3,751,825 Accounts payable - affiliate 378,485 290,338 Retainage payable 516,685 308,630 Billings in excess of costs and estimated earnings on uncompleted contracts 3,253,289 21238,973 Accrued expenses 425,973 132,059 Fringe benefits and payroll taxes payable 104,782 154,362 Advance from joint venture 80,000 80,000 Income taxes payable 214,449 - Deferred income taxes 31,878 - Total current liabilities 6,783,197 7,175,604 Long-term debt, net of current portion 817,772 1,208,648 Loans payable - related parties - 168,590 Total liabilities •7,600,969 8,552,842 Commitments and contingencies Stockholders' equity: Common stock 168,000 168,000 Additional paid -in capital 242,901 242,901 Retained earnings 5,919,306 51569,466 6,330,207 5,980,367 Less treasury stock 471,500 471,500 Total stockholders' equity 5,858,707 5,508,867 Total liabilities and stockholders' equity $13,459,676 $14,061,709 See notes to combined financial statements. LM • • • • • • lu lu 0 9. Trade Association Membership: 10. Attach current state of financial conditions showing assets, liabilities and net worth. S f f BOE -T -AC"V> STATE OF �WIAW— COUNTY OF 14*Ss�"" ) WI UU M"^ N • Nt"J5 being duly, sworn deposes and says that he is the 00'jr- of T*M6.S c- contractor and that answers to the foregoing questions and all statements therein contained are true and correct. N Sworn to before me this day of 19 q'Y Notary Public Y� EVELYN DELLA RATTA Commission Expiration Date: Notary Public, State of New Yok 7cp ie in Nassau t Qualified in Nassau counh 2l— Commission Expires May 27, QS -3 SCAVENGER WASTE TREATMENT PLANT MODIFICATIONS FOR TOWN OF SOUTHOLD SCAVENGER WASTE TREATMENT PLANT GREENPORT, NEW YORK CAMERON ENGINEERING, P.C. 50 CHARLES LINDBERGH BLVD 811 JERICHO TURNPIKE UNIONDALE, NEW YORK 11553 SMITHTOWN, NEW YORK 11787 AUGUST 1991 JUDITH T. TERRY Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1 179 REGISTRAR OF VITAL STATISTICS Southold, New York 11971 MARRIAGE OFFICER Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 2, 1992 Halcyon Construction Corp. 65 Marble Avenue Pleasantville, New York 10570 Gentlemen: Bensin Contracting Inc. has executed the necessary contract documents for the Modifications to the Town of Southold Scavenger Waste Treatment Plant at Greenport, therefore, I am returning herewith your 5% Bid Bond. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned HALCYON CONSTRUCTION CORP. , 65 MARBLE AVE, PLEASANTVILLE, NY \ as Principal, and GENERAL INSURANCE COMPANY OF AMERICA as Surety, are (5%) FIVE PERCENTUM OF ACCOMPANYING BID in the Penal Sum of herebyheld firmly bound unto TOWN of SOUTHOLD GREENPORT, NEW YORK for the payment of which, well and truly to, be made,we hereby jointly and severally bind ourselves, our heirs,executors, administrators, successors, and assigns. Signed this 6TH - day Of FEBRUARY , 1992 . THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that, WHEREAS the Principal has submitted to TOWN OF SOUTHOLD, GREENPORT, NEW YORK a certain bid, attached hereto and hereby made a part hereof, to enter into a Contract in writing, for the SCAVENGER WASTE TREATMENT PLANT NOW, THEREFORE, a) if said Bid shall be rejected, or in the alternate b) if said Bid shall be accepted and the Principal shall execute and deliver an Agreement in the form attached hereto (properly completed in accordance with said Bid) and shall furnish a Bond for his faithful performance of said Agreement, and for the payment of all persons performing labor or furnishing materials in connection therewith and shall in all other respects perform the Agreement created by the acceptance of said Bid. Then, this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. an 0 The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Obligee may accept such bid; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. HALCYON CONSTRUCTI N C�qRP. Pr' c' al by GENERAL INSURANCE COMPANY OF AMERICA SURETY CLAIRE A. GLEA$bN --ATTORNEY-IN-FACT :: J - ACKNO'WED G c iEN T OF SURETY ' r ' . S Tr1Tc OF NE r YORK k ss: COt'Nri OF W c3 LCa:-:STzR ON TTS 6TH uAY OF FFBy 992, BEFORE HP:u..SO:=Lv C A.:. u` CLAIRE A. GUARNO =0 R:;U v -ii, �r.C, BE.:;G 3'� iE= ' S-• „ ,.u? �DIS D ='OSE A: S `-' T__ - HE R==-�E.. I PLEASANTVILLE T% == OF GENERAL /+ CJ t �.? _-_0:+ D:._ .._- _ I_; s:�l! Iv r. -l.: ..__._. J .-� T -Z-7-1 _ .C,.-.-.. 07 C=- C . _ t-- a , 1 �__ 1 ._ C�_- — _ __ —_ C-_-: 0?..:_ : ()T T-.=' B': LI::E Oc"'-E . NOTARY PLBL:C. dare 11';ew York 'Jo l�nr Qualifies ,n 'Neste ester Count Commissi°n Expires May 5. 1q�� STA -L.:- OF1`I � CCTNITY OF •• T:. t� DAY OF _• Laa BE=�7RE v� PE?.SuS.►I.L_ =!E TO a R:,C" Wr.0, BEI.'iG BY i.E DULI S„v.'•:J Du 0 --OSE rK- ME C-6JR20FLA=111 �, ��_:::.:;;�:_ r.:. aFC-�� Ii{s�;;,�'.;T, TL-17s-.;;.�,;s � sem. a: L: S:�y A= = _..�7-7"7 Lu S:�i� r, IS -7-T71. IS S;: V� CCRFO S *.L. COA�=T:iEJ B'_ OF.^. -. 0: r_:_' BC :r"'J 0- D�:.... "� 0: CC C TOa; A; L n A �'u.. . T:... E. SI�.;� fi=E Nr11`".E T.:�r'=0 BY Lam::: ORDER. PAMELA J. LEPERA _ Notary Public, Strte New f� of York Qualified in Put rim County NOTARY PUBLIC-"`� Term - Expires Aug 18, 1992 . GENERAL INSURANCE COMPANY OF AMERICA SAFECO" FINANCIAL STATEMENT — DECEMBER 31, 1989 Assets Liabilities Cash and Bank Deposits .................. $ 1,747,093 Unearned Premiums ...................... $ 217,352,809 *Bonds — U.S. Government ................ 106,537,570 Reserve for Claims and Claims Expense ..... 616,247,546 Reserve for Dividends to Policyholders ...... 6,829,140 *Other Bonds ............................. 730,950,339 Additional Statutory Reserve .............. 10,997,615 *Stocks .................................. 270,985,152 Reserve for Commissions, Taxes and Other Liabilities ........................ 53,498,606 Real Estate .............................. 16,913,853 Total............................... $ 904,925.716 Agents' Balances or Uncollected Premiums ... 83,453,567 Capital Stock .............. $ 2,500,000 Accrued Interest and Rents ................ 25,807,758 Paid in Surplus ............. 2,391,058 Unassigned Surplus ......... 378,526,640 Other Admitted Assets .................... 51,948,082 Surplus to Policyholders .............. 383,417,698 Total Admitted Assets ................ S1,288,343.414 Total Liabilities and Surplus ........... $1,288.343,414 E co 0 CORMATE *Bonds are stated at amortized or investment value, Stocks at Association Market Values. S E A L T Securities carried at $101,895,522 are deposited as required by law. y x in 1923 O of W1Sh�Q�, 1, PHILIP A. STEPHENS, senior vice-president of General Insurance Company of America, do hereby certify that the foregoing is a true, and correct statement of the Assets and Liabilities of said Corporation, as of December 31, 1989, to the best of my knowledge and belief. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation at Seattle, Washington, this 1st day of March, 1990. Senior V16 -President a Registered trademark of SAFECO Corporation. S-8853/90 PRINTED IN U SA POWER OF ATTORNEY SAFECO No. KNOW ALL BY THESE PRESENTS: SAFECO INSURANCE COMPANY O"F AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 9351 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation, does each hereby appoint -------------------------------------WILLIAM D. HAAS; CLAIRE A. GUARNO; SURAYA K. KIEFFER; Yorktown Heights, New York ---------------------------- its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 13th day of CERTIFICATE October Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: 1990 "Article V, Section 13. — FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business ... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Boh A. Dickey, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 6TH day of FEBRUARY 19 92 S 974 R1C1 9 RF PRINTED IN U S A • SCAVENGER WASTE TREATMENT PLANT MODIFICATIONS TOWN OF SOUTHOLD, NEW YORK TABLE OF CONTENTS ' Page No. Title Page Table of Contents Notice to Bidders (Advertisement) Instruction to Bidders IB -1 thru IB -7 Bid (Proposal) B-1 thru B-4 Bid Bond BB -1 thru BB -2 Non -Collusive Bidding Certification NC -1 thru NC -2 Bidder's Qualification Statement QS -1 thru QS -3 • Agreement A-1 thru A-4 Notice of Award N-1 Performance Bond PF -1 thru PF -2 Labor and Material Payment Bond PB -1 thru PB -3 • Notice to Proceed NP -1 General Conditions GC -1 thru GC -42 Technical Specifications: • Section 1 1-1 thru 1-2 Section 2 2-1 Section 3 3-1 thru 3-4 Section 4 4-1 Section 5 5-1 thru 5-8 • Section 6 6-1 thru 6-2 Section 7 7-1 Section 8 8-1 thru 8-3 Section 9 9-1 Section 10 10-1 thru 10-2 • Section 11 11-1 thru 11-6 TOC -1 V • • I • • :1��" `�:i1pi6 h �.�.K 1►�i ►Ilw 1.1 The term 'Bidding Documents" includes the following: • a) Instruction to Bidders b) Bid (Proposal) c) Non -Collusive Bidding Certification d) Bidder's Qualification Statement e) Addenda (when applicable) • f) Agreement g) General Conditions h) General Requirements i) Specifications j) Drawings • 1.2 Complete sets of Bidding Documents must be used in preparing bids; neither Owner nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. • 1.3 Owner and Engineer in making copies of Bidding Documents available do so only for the purpose of obtaining bids on the work and do not confer a license or grant for any other use. 1.4 Failure to comply with any of the following instructions shall constitute • cause for which the Bid may be rejected. 2. BID FORM 2.1 Each bid shall be made on the 'Bid Form" attached hereto and shall • remain attached hereto as one of the Bid Documents. 2.2 All blanks on the Bid Form must be completed in ink, in both words and figures with the unit or total sum, or both, for which the Bid is made. • 2.3 Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed • IB -1 0 11 • and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. 2.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. • 2.5 All names must be printed below the signature. 2.6 The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 2.7 The address and telephone number for communications regarding the Bid must be shown. 2.8 If Bids contain any omissions, erasures, alterations, additions or items not called for in the itemized bid or contain irregularities of any kind, • such may constitute cause for rejection of the Bid. In case of any discrepancy in the unit price or amount bid for any item in the Bid, the unit price, as expressed in written words, shall govern. L Bids shall be delivered by the time and to the place stipulated in the advertisement and shall be enclosed in an opaque sealed envelope, marked with the Project Title and name and address of the Bidder and accompanied by the Bid Security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation 'BID ENCLOSED" on the face of it. It is the sole responsibility of the Bidder to see that his bid is received in the proper time. :1 • 4.1 Bid security shall be submitted with Bid in the amount of five (5%) percent of the Bid. Security shall be in the form of a certified check or Bid Bond by a Surety Company authorized to do business in the State of New York. • 42 The Bid Security, except those of the Successful Bidder and the second and third lowest bidders, will be returned as soon as practicable after the bid openings. • 43 Bid Security of the second and third lowest bidders will be returned as IB -2 0 • soon as practicable after signing of the Contract, but the Owner shall not retain them more than forty-five (45) days after opening of bids, • except by mutual agreement. 4.4 The Bid Security of the Successful Bidder will be retained until such bidder has executed the Agreement and furnished the required Contract Security. If the Successful Bidder fails to execute and deliver • the Agreement and furnish the required Contract Security within fifteen days after the Notice of Award, Owner may annul the Notice of Award and the Bid Security of that bidder will be forfeited. The number of days within which the work is to be completed and ready for final payment is set forth in the Agreement. • 6. LIQUIDATED DAMAGES Provisions for Liquidated Damages are set forth in the General Conditions. 7. OUALWICATIONS OF BIDDERS • Any Bidder must be prepared to present within five days of Owner's request the "Bidder's Qualification Statement" giving written evidence of experience, ability and financial standing as well as present commitments and an inventory of facilities and equipment. The Owner reserves the right to reject any bid if the evidence submitted •. by,or investigation of, such Bidder fails to satisfy the Owner that such Bidder is properly qualified to carry out the obligations of the Contract and to complete the work contemplated therein. I I •• : I •�•1 1 11 • • 8.1 Before submitting a proposal, all bidders shall carefully examine the Drawings, Specifications and other Bid Documents, shall visit the site of the proposed work and shall become fully informed of conditions and limitations associated with fulfilling the requirements of the • Contracts. 8.2 No plea of ignorance of misunderstanding of conditions that exist or that may hereafter exist, or of conditions or difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary examinations and investigations • IB -3 0 • as may be expected of a reasonable prudent bidder, will be accepted as an excuse for any failure or omission on the part of a Contractor to fulfill in every detail all of the requirements of the Bid Documents, or will be accepted as a basis for any claims whatsoever for extra compensation, or for an extension of time. 8.3 Reference is made to the General Requirements for subsurface information obtained during design of the Project. 9.1 All questions about the meaning or intent of the Contract Documents • are to be directed to Engineer. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer or Owner as having received the Bidding Documents. • Questions received less than ten days prior to the date for opening of bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. • 9.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer. 10. MODIFICATIONS • Bids shall not contain any recapitulation of the Work to be done. Modifications, exceptions or oral bids will not be considered. Erasures or other corrections in the Bid Form must be initialed by the person signing the Bid Form. • 12.1 Any bidder may withdraw his bid, either personally or by written request, if such request is received by the Owner prior to one (1) minute before the scheduled closing time for receipt of bids. 12.2 All bids will remain subject to acceptance for forty-five days after the day of the bid opening, but Owner may, in its sole discretion, release • IB -4 9 0 any prior to that date. 12.3 If, within twenty-four hours after bids are opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its bid, that bidder may withdraw its bid. Thereafter, that bidder will be 0 disqualified from further bidding on the work to be provided under the Contract Documents. k• I I ' ••L•� .•� :� The Bidder must be capable of performing the work required in the Contract and shall perform a substantial portion thereof with his own resources. Reference is made to the General Conditions for work by subcontractors. 14. MULTIPLE BIDS No person, firm or corporation shall be allowed to make more than one bid for the same work, unless alternate bids are called for. A person, firm or corporation who has submitted a bid to a bidder, or who has quoted prices on materials to a bidder, is not hereby disqualified from submitting a bid or quoting prices to other bidders. 9 15. NON -COLLUSIVE BIDDING CERTIFICATION Each bidder submitting a bid to the Owner for the work contemplated by the Bid Documents on which bidding is based shall execute and attach thereto an affidavit substantially in the form herein provided (Non -Collusive Bidding Certification), to • the effect that he has not colluded with any other person, firm, or corporation in regard to any bid submitted. 16. AWARD OF CONTRACT 0 16.1 Owner reserves the right to reject any and all bids, to waive any and all informalities not involving price, time or changes in the work and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional bids. Also, Owner reserves the right to reject the bid of 0 any bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the bid is not responsive or the bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner. Discrepancies in the multiplication of units of 0 work and unit prices will be resolved in favor of the unit prices. IB -5 0 • • Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 16.2 In evaluating bids, Owner will consider the qualifications of the bidders, whether or not the bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. • 16.3 Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any bid and to establish the responsibility, qualifications and financial ability of bidders to perform and furnish the Work in accordance with the Contract Documents to Owner's • satisfaction within the prescribed time. 16.4 If the Contract is to be awarded, it will be awarded to the Lowest Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Project. • 16.5 If the Contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within forty-five days after the day of the bid opening. 17. PERFORMANCE BOND AND LABOR AND MATERIAL_ PAYMENT • BOND The General Conditions sets forth the Owner's requirements as to Performance and Labor and Materials Payment Bonds. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by the required Performance • and Payment Bonds. 18. INSURANCE The General Conditions set forth Owner's requirements as to Insurance. When the • Successful Bidder delivers the executed agreement to Owner, it must be accompanied by the required Insurance Certificates. 19. MAINTENANCE BOND • The Successful Bidder will be required to provide a Maintenance Bond for a period of one (1) year from the date of final acceptance, against any and all omissions and defects which may develop or require attention as a result of his performance of the Contract. • IB -6 0 • 20. SIGNING OF AGREEMENT • When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by three copies of the Agreement with all other written Contract Documents attached. Within fifteen days thereafter, Contractor shall sign and deliver the Agreement and attached documents to Owner with the required Bonds and Insurance coverage. Within ten days thereafter, Owner shall deliver one fully signed • copy to Contractor. Each copy is to be accompanied by a complete set of the Drawings with appropriate identification. • A Prebid Conference will be held as indicated in the Notice to Bidders. Representatives of Owner and Engineer will be present to discuss the Project. Engineer will transmit to all prospective bidders of record such Agenda as Engineer considers necessary in response to questions arising at the Conference. • • • • C • IB -7 40 r • BID SCAVENGER WASTE TREATMENT PLANT MODIFICATIONS TOWN OF SOUTHOLD, NEW YORK HALCYON CONSTRUCTION CORP 65 MARBLE AVENUE OL50t �BOJI M3N '311111 s f�Wr'`t'�`1d Bid of 3AN3AV 3108Vh 49 herein after called 'Bidder", a N V corporation/ (State a partnership/an individual doing business as 0 to hereafter called "Owner". Gentlemen: The Bidder, in compliance with your invitation for bids for the construction of 40 � c .4 J g N y E"� CJJ AS 'tom "�'FSJ�'S' T having examined the Bidding Documents and the following Addenda (receipt of • which if hereby acknowledged): • Date Number 2-4-9z t and the site of the Proposed Work, and being familiar with all of the conditions surrounding the construction of the Proposed Project including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies and to construct the Project in accordance with the Bidding Documents, within the time set forth therein and at the prices stated below. These prices are to cover all expenses incurred in performing the Work required under the Bidding Documents, of which this Proposal becomes a part thereof. 0 B-1 U, PROPOSAL TOWN OF SOUTHOLD • SCAVENGER WASTE TREATMENT PLANT MODIFICATIONS Item No. 1 - Mechanical Bar Screen • Lump sum price for Mechanical Bar Screen, complete. In Words: �^-% Dollars • and '' Cents In Figures: $ q, O , 0 00 L Item No. 2 - Grit Removal System Lump sum price for Grit Removal System, complete. • In Words: Dollars and Cents In Figures: $ `Zo 0 0 0. i • Item No. 3 - Odor Control Piping Modifications • Lump sum price for Odor Control Piping Modifications, complete. � h In Words: • and rks Cents In Figures: $ -)-77,350.," • • 11 Item No. 4 - Concrete • Lump sum price for Concrete, complete. In Words: �'J Dollars and �' Cents •o O o O In Figures: $ '1,. � • Item No. 5 - Masonry Lump sum price for Masonry, complete. In Words: 'T -W Dollars • and Cents In Figures: $ '2,0.4 0 • Item No. 6 - Air Compressor • Lump sum price for Air Compressor, complete. In Words: - G,.,,� ,% Dollars and Cents • In Figures: $ 4 o o o , ,-- C • :1 0 E Item No. 7 - Electrical Work • Lump sum price for Electrical Work, complete. In Words: Dollars and rka Cents • In Figures: $ ( ( ) 610 0 • Item No. 8 - Sound -Proof Door Lump sum price for Sound -Proof Door, complete. In Words: `_I K vru. u C • and e_%V_-ro In Figures: $ '7j O Dollars Cents Item No. 9 - Roofing Lump sum price for Roofing, complete. '' In Words: �W �� 9 A.. t JAA- �' Dollars and Cents In Figures: $ "L Item No. 10 - Painting Lump sum price for Painting, complete. In Words: c v P ��Dollars and Cents In Figures: $ 0 B-4 • • TOTAL OR GROSS BID IN FIGURES: 2 5 I, 2 S O , '? TOTAL OR GROSS BID WRITTEN IN WORDS: CSS", cr.-t 4Ltsu r L-W� "- and —'V%O • Dollars Cents — a X/ or The work performed under this Contract is hereby guaranteed for a period of one (1) year from the date of final acceptance by the Owner. All equipment furnished and installed under this Contract is hereby guaranteed for the same term. The • guarantees are in accordance with the requirements contained in the Contract Documents and Specifications. If the Proposal, or any alternate, is accepted, the Contractor will start work within 15 days after the date of the Award of Contract and will complete the work within • C 0 days from the date of Award of Contract. The Bidder shall submit a list of all materials and equipment which he proposed to install, with his bid, including a copy of the manufacturer's specifications for each item. All items shall be subject to the approval of the Engineer. • This Bid may be withdrawn at any time prior to the scheduled time for the opening of Bids or any authorized postponement thereof. The undersigned declare that the only persons interested in this proposal or the Contract proposed to be taken, as principals, are as stated; that this proposal is in • all respects made without collusion or fraud; that the undersigned will, within fifteen (15) days after the mailing or delivery of notice of acceptance of this Bid, execute and deliver a Contract in the Form of Contract shown in the Proposal Section of these Contract Documents. • NAME OF BIDDER HALCYON CONSTRUCTION CORP 65 MARRi AVENUE ADDRESS OF BIDDER PLEASANTVILLE, NEW YORK 10570 • TELEPHONE NUMBER 4 SIGNED BY TITLE DATE 2-, 5 '- Z' 0 B-5 • • • KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned as Principal, and • hereby held firmly bound unto as Surety, are in the Penal Sum of for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs,executors, administrators, successors, and assigns. • Signed this day of , 19 THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that, WHEREAS the Principal has submitted to a certain bid, attached hereto and hereby made a part hereof, to enter into a • Contract in writing, for the NOW, THEREFORE, • a) if said Bid shall be rejected, or in the alternate b) if said Bid shall be accepted and the Principal shall execute and deliver an Agreement in the form attached hereto (properly completed in accordance with said Bid) and shall furnish a Bond for his faithful performance of said Agreement, and for the payment of all persons performing labor or furnishing materials in connection therewith and shall in all other respects perform the Agreement created by the acceptance of said Bid. Then, this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. • MM 0 The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of 0 the time within which the Obligee may accept such bid; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals and such of them as are corporations have caused their corporate 0 seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. • • KI • 0 • U • by Principal • • NON -COLLUSIVE BIDDING CERTIFICATION 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 his 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; 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 and prior to opening, directly or indirectly, to any 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 • • • • 0 —HALCYON CONSTRUCTION CORP Legal Name or Co N 0 by THE FOLLOWING RESOLUTION FORM MUST BE COMPLETED IF THE BIDDER IS A CORPORATION: Resolved that Ch I -z -D. CasaeA (Name and Title of Signator and Name of Corporation) HALCYON CONSTRUCTION ARBLE AVENUECQRP PLEASANTVIL14 NEW YORK 10571 be authorized to sign and submit the Bid Proposal of this corporation for the following project. NC -1 9 • • • 0 0 • LM AN 0 0 And to include in such bid the Certificate as to Non -Collusion required by Section 103-D of the General Municipal Law as the act and deed of such corporation and for any inaccuracies or misstatements in such Certificate this Corporate Bidder shall be liable under the penalties of perjury. The foregoing is a true and correct copy of the resolution adopted by (Name of _ Corporation at a meeting of its Board of Directors held on the Corp ration) _ day of - 1� -'-£- (SEAL OF CORPORATION) NC -2 (SECRETARY) • BIDDER'S QUALIFICATION STATEMENT • The signatory of this questionnaire certifies under oath the truth and correctness of all statements and of all answers to interrogatories hereinafter made. HALCYON CONSTRUCTION CORP • 65 MARBLE AVENUE SUBMITTED BY: PLEASANTVI" NEW YORK 1 A Corporation A o� =gip An Individual • PRINCIPAL OFFICE: HALCYON CONSTRUCTION CORP 65 MARBLE AVENUE PLEASANTVILLE� NLW YORK 10370 • PRINCIPAL OFFICERS BACKGROUND • PROFESSIONAL TITLE NAME ADDRESS OR TRADE PRS Josepk Z"u,* .o A�,w.$a.�'v� 7V%4%,L pikof acs#�►-•-*,L- 6Ytao'CA%k %N.Y. aroCA104COW �!' P 'L�n�r�E`+ Ct►SA��Ar W ego t-.^ ! c r. 11 • 1. How many years has your organization been in business as a general contractor under its present business name? 1 ZYe y-5 • 2. You normally perform what percent of the work with your own forces? 1 c 0 % List trades below: • 3. Have you ever failed to complete any work awarded to you? If so, note where and why. • QS -1 • • 4. List the major construction projects your IWACh anization has underway at this • date: Engineer/ Contract Percent Scheduled Prgie Owner Architect Amount Complete Completion • • 5. List five major projects you organization has completed in the past five years: Work Done With Engineer/ Contract Date of Own Forces Project Owner Architect Amount Completion % Of Work Trades • • 6. List the construction experience of the principal individuals of your organization (particularly the anticipated project supervisors): Present Type of Work Position Years of For Which In What • Individuals's Name Or Office Experience Responsible Ca12aci1y MIk¢G-)tobrdretk Prctl• MAV1J- 10 vv+sc*%aI►ii,al.. pM.1"Alvot..6 10 • 7. Do you have, or can you obtain, sufficient men and equipment to commence work when required and complete the work within the Contract Time? \10 8. Bank References: U� I • QS -2 0 • 9. Trade Association Membership: s i - u �,�.'�v1/ �a►�w.s�.� • • 10. Attach current state of financial conditions showing assets, liabilities and net worth. 7 • STATE OF ) COUNTY OF ) rA c i G\., being duly sworn depo es and says that he is the • _� c ,=fire, %0> I- of contractor and that answers to the foregoing questions and all statements therein contained are true and correct. Sworn to before me this day of 'C 'f 19 • Notary Public Commission Expiration Date: F/aMFLA ,k P, QS -3 9 C -N HALCYON CONSTRUCTION CORP 65 MARBLE AVENUE KEASANTVILLE, NEW YORK 105711 Dept. of Environmental Protection – Invitation To Bid (REV 12/91) SECTION F. EXPERIENCE QUESTIONNAIRE This questionnaire shall be completed and submitted by all bidders. The information provided shall be less than twelve (12) months from the bid opening date of this contract. It is the bidder's responsibility to submit this information with each bid. Copies will be accepted if original had already been submitted. Please attach additional pages if needed. This questionnaire shall be completed by an authorized Principle, Officer or Manager of the Firm. Contractor's Information Submitted by: n A L C Yo N CONI T. <OR.I?. An Individual Organization's-NagWONCONSMCTION CORP ( ) A Partnership With principal office at 65 MARBLE AVENUE ('>k A Corporation Name, Title and Signature of Individual that Completed this Questionnaire: C.%i/-iR�� • CA5AP,EL 1–A ✓ic E DAZES. PRINT (Title) / 13 Signature Date) Type of Entity:_X A Corporation A Partnership An Individual Principal Office Co `j AAA2f3LE A -4E,.* -PLe-ASAa N'u The signatory of this questionnaire guarantees the truth and accuracy of all statements and of all answers to interrogatories hereinafter made. Experience 1 . How many years experience in 1r1 EIV y Lo Type�o —Worn) work has your organization had: (a) As a Prime Contractor 1 2 years. (b) As a Subcontractor years. 2. Has your organization, or a partner or officer within your organization, ever failed to complete any awarded contract? _Yes i< No. If yes, where and why? 3. Has your organization or any partner or officer within your organization, ever been declared in default by any City, State or Federal agency? Yes.. X No. A . -- Dept. of Environmental Protection - Invitation To Bid (REV 12/91) (If answer is Yes, give details) KI /A. 4. In what types of business, other than construction, do you have any financial interests? T-4oNE 5. Provide at least five references from Corporations, Individuals, or Governmental Agencies that your organization has completed construction project(s) for within the past three years. Corp/Indio. Name RefereAce Tel.No. Project ID No. Completion Name (Most Recent Date Completed) ------------------------------------------------------------------------- -------------- IV gKfEEK 11 V c. D.O.-F. NW K575 780- 8115 S7S 12191 N V G J> EP 8f-rnie M<<oltiAN SASS7*3 '737- -DI I N �l� D EP ., C, zz 4 2191 ') A Attach additional pages if needed. 6. List all government construction contracts that your organization has completed within the last five years or will complete within the next three months. Project ID Description Agency Original Completed End or Reg.No. Bid Amt. Contract Amt. Date --------------------------- �-4w R -lace k NAGE . --------- MC.OoT ---------- to, 9 S13oo --------------- Ac -f- iy E ----- E, 2 iW K-575 7+1% AVE NVC, DOT 1,q 59, Loci I10101,b06.- IZ 9 WCDEP 5 EP 732 W�D� s1M,3� �, 73 a,9zn. IZ Ex- ZI4 6AC'Eme147 Ba(N x Nyc DEP 1 �4 zoo 2 , 37a ,400 % --,ht /uT P� P R"a•R %t1�Ep 3 30 oGb.'� 4, 13o,000t u �, SEK -oat A MAPLE S -t- C -D 6'514600 3.720 4 a6. z 51 Attach additional pages if necessary. ') A Dept. of Environmental Protection — Invitation To Bid (REV.12/91) 7. What is the construction experience of the principal individuals of your organization? Present Position Individual's Name or Office -------------------------------- -------------------------------- Ja e �i%zwLc, pizestop-•i- C V• Ar `Ey GASAiZELL.Oky . P RES. to VK Years of Construction Magnitude & In What Experience Type of Work Capacity ------------------------------------- ------------------------------------- PRoJEc-Z' 2 � �joo Cco — (H�000� 006 /tiAnAC-SER S�pT • � Z�J Sooi000 - Ob, 0--f CMDO. rVO.) TtAAnAyEr S %_ • . eSTiA^ w?tyvC 3d �oo,oe�_ to, oo�, ocs /�-�✓av+✓ac�eR 8. Provide the information below concerning performance and payment bonds. (If required for this contract). a. List the information below concerning the primary Surety Co. and Broker you plan to purchase your performance and payment bonds from. Name Surety Co. Broker's Broker's Broker's of Surety Co. Address Name Address Tel.No. A F-KC0 1ZooMAC "ur F->tU- tA^As Z.LUwlpmyidl q'14—`16Z-SS03 goly D. AVE. M A YI W A, KJ T. 074 So -"S I VorKTow 10, N So1li b. Is the Surety Co. listed above the same Surety Co. that provided the bid bonds required for this contract? XYes No Not Applicable (No bonds required). C. Is the Surety Co. listed above a New York State approved surety company? _Yes No Not Applicable. d. Has a Surety Company ever rejected your organizations application for a performance and/or payment bond? Yes No N/A If yes, please explain why. e. What is the premium you paid (or will pay) for the following bonds (if applicable) for this contract? (This information will be used for informational purposes only). Type of Bond Premium Cost Bid $ Performance $ Payment $ -2 - HALCYON CONSTRUCTION CORP. BALANCE SHEETS JUNE 30, 1991 AND 1990 1991 1990 ASSETS Current assets: Cash $ 167,399 $ 21,117 Accounts receivable 2,690,861 2,553,722 Retainage receivable 590,769 398,221 Bonds substituted for retainage 462,932 460,029 Costs and estimated earnings in excess of billings on uncompleted contracts 718,594 892,632 Due from officers 44,570 73,359 Prepaid expenses and other receivables 31,499 31,728 Deferred contract costs 1,240 17,016 Prepaid income taxes - 74,917 Total current assets 4,707,864 4,522,741 Property and equipment: Machinery and equipment 1,545,168 1,352,788 Transportation equipment 238,844 231,239 Furniture and fixtures 15,845 12,549 1,799,857 1,596,576 Less accumulated depreciation 1,021,650 843,137 Net property and equipment 778,207 753,439 Other assets: Due from affiliates 103,265 199,163 Security deposits 15,475 11,154 Cash value of officers' life insurance, net of policy loans (1991 $111,993; 1990 $81,796) 40,659 29,972 Total other assets 159,399 240,289 Total assets $5,645,470 $5,516,469 -3- 1991 1990 LIABILITIES AND STOCKHOLDERS' EOUITY Current liabilities: Notes payable - bank $ 450,000 $ 480,000 Current portion of long-term debt 142,358 103,562 Accounts payable 2,065,585 2,056,145 Retainage payable - 9,000 Billings in excess of costs and estimated earnings on uncompleted contracts 275,262 301,786 Accrued expenses 71,691 76,195 Fringe benefits and payroll taxes payable 266,581 186,209 Income taxes payable 139,801 680 Deferred income taxes 100,000 100,000 Total current liabilities 3,511,278 3,313,577 Long-term debt, net of current portion 348,395 422,039 Deferred income taxes 162,574 275,000 Total liabilities 4,022,247 4,010,616 Commitments and contingencies Stockholders' equity: Common stock, no par value; 200 shares authorized; 90 shares issued and outstanding 166,000 166,000 Retained earnings 1,457,223 1,339,853 Total stockholders' equity 1,623,223 1,505,853 Total liabilities and stockholders' equity $5,645,470 $54516,469 See notes to financial statements. SCAVENGER WASTE TREATMENT PLANT MODIFICATIONS FOR TOWN OF SOUTHOLD SCAVENGER WASTE TREATMENT PLANT GREENPORT, NEW YORK CAMERON ENGINEERING, P.C. 50 CHARLES LINDBERGH BLVD 811 JERICHO TURNPIKE UNIONDALE, NEW YORK 11553 SMITHTOWN, NEW YORK 11787 AUGUST 1991 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 2, 1992 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 AMMA Construction Corp. 192 West 9th Street Huntington Station, New York 11746 Gentlemen: Bensin Contracting Inc. has executed the necessary contract documents for the Modifications to the Town of Southold Scavenger Waste Treatment Plant at Greenport, therefore, I am returning herewith your 5% Bid Bond. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure P THE AMERICAN INSTITUTE OF ARCHITECTS A/A Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, thatwe AMMA CONSTRUCTION CORP. 192 WEST 9th STREET,HUNTINGTON STATIONNY 11746 ere insert full name and address or legal title of Contractor) as Principal, hereinafter called the Principal, and FIREMAN'S FUND INSURANCE COMPANY (Here insert full name and address or legal title of Surety) 48 SOUTH SERVICE ROAD,MELVILLE,NY 11747 a corporation duly organized under the laws of the State of CALIFORNIA as Surety, hereinafter called the Surety, are held and firmly bound unto Town of Southold (Here insert full name and address or legal title of Owner) Southold, N.Y. 11971 as Obligee, hereinafter called the Obligee, in the sum of 5% of amount bid Dollars ($ 5% amt. bid ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here insert full name, address and description of project) Scavenger Waste Treatment Plant Modifications Southold, N.Y. 11971 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with gond and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 30th day of January 19 92 AMMA, CONSTRUCTION CORP. (Princip (Seal) (Witness) / �✓� (Title) FIREMAN'S FUND INSURANCE COMPANY 1 (Surer (Seal) (Witne s)�?'-` Theresa S. Burke ftl) ATTORNEY—IN—FACT AIA DOCUMENT A310 • BID BOND • AIA ® • FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 1 State of 1 ss. County of c d On this day of '19 before me personally came � 3 c C to me known, Q and known to me to be the individual described in and who executed the foregoing instrument, and acknowledged tome that he executed the same. My commission expires Notary Public ---------------------------------------------------------------------- State of County of 1 ss. c E On this day of 19 , before me personally came W E " to me known and known to me LL o G v to be a member of the firm'of Q described in and who executed the foregoing instrument, and he thereupon acknowledged to me that he executed the same as and for the act and deed of said firm. My commission expires Notary Public --------------------------------------------------------------------- State of r County of ss. G%• On this day of n �C�� 19 ^ ,before me personally came ac, o ��-iC'7 ��-".'� ; �GtL-G�� to me known, c c who being by duly sworn, did depose and say that he is the—L�--�i o c of - the corporation described in and which executed the above insir said instrument is such corporate seal; �rj t�wss so,�ffixed by( name thereto by like order Ogfl'1 that he knows the seal of said corporation; that the seal affixed to the Board of Directors of said corporation, and that he signed his Nobryry rub le, State New Yock 0-A 1 3. SUffoNt Cou My commission expires Comaussio� ExDirosOctaber31 Notary Public Or State of New York SS. County of Nassau On this 30th day of January 19 92 before me personally came c m CrITheresa S. Burke to me known, who, being by me duly sworn, did depose and say that m m r'n c he is an attorney-in-fact of Fireman's Fund Insurance Company the corporation described in and which executed the within instrument; that he knows the corporate seal of said co oration; that the seal a affixed to the within instrument is such corporate seal, and that he Signe id instrument and affixed the said alas Attorn y -in- ct by authority of the Board of Directors of said corporation and by a ority of thi office under the Standing Res lutions there f. :devv York My commission expiresV�,• Notary P I' FORM # 1I Fireman's n nd Fireman's Fund 777 San Marin Drive Insurance Company Novato, CA 94998 415 899 2000 ASSETS: FIREMAN'S FUND INSURANCE COMPANY SUMMARY FINANCIAL STATEMENT - December 31, 1WO (As Filed with Insurance Department of the State of California) *Government Bonds S 2,168,195,434 *State and Municipal Bonds 372,240,462 *Miscellaneous Bonds 631,668,344 + Stocks 544,463,570 Cash in Bank and Company's Office 7,010,256 Accrued Interest 52,402,209 Premiums in Course of Collection and Other Assets 2:439,719,528 Total Assets S 6.215.699.803 LIABILITIES, SURPLUS AND OTHER FUNDS: Loss and Loss Expense Reserve S 3,554,806,584 Unearned Premium Reserve 654,737,969 All Other Clai=% -Demands and Reserves 585.680.804 Total Liabilities 4,795,225,357 Capital Paid-up S 3,000,000 Net Surplus 1.417.474,446 Policyholder's Surplus 1,420,474,446 Total Capital, Surplus and Reserves S 6.215,699,803 0 *Bonds are stated at Amortized Values +Stocks are stated at Market Values f State of California ) ss County of Marin ) I, R. D. Farnsworth, Vice President of Fireman's Fund Insurance Company, do hereby certify that the above is a true statement of the assets and liabilities of said Corporation as of December 31, 1990, taken from the books and records of said Corporation. " ' ? R. D. Farnsworth, Vice President �A'CE .Goe State of California ) ss County of Marin ) Subscribed and sworn before me, a Notary Public of the State of California, in the County of Marin, this 21st day of February, 1991. ■uaaunuamntuamm�unn�n�am�mnuttta■ OFFICIAL SEAL J. M. VANDEVORT NOTARY PUBLIC -CALIFORNIA cc Principal Office in Marin County My Commission Exaira Aug. 28. 1992 z- Nolic of California ��0 i�s�uunnunuuaaunwwnrnnnannw�nuoii '' o GENERAL POWER OF ATTORNEY FIREMAN'S FUND INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY, a Corporation duly organized and existing under the laws of the State of California, and having its principal office in the County of Marin, State of California, has made, constituted and appointed, and does by these presents make, constitute and appoint AGNES V. MULHALL, DIANE HOWARD and THERESA S. BURKE, jointly or severally BETHPIAGE NY its true and awful Attomey(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertaking, recognizances or other written obligations in the nature thereof ________________________ and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of FIREMAN'S FUND INSURANCE COMPANY now in full force and effect. "Article VH. Appointment and Authority of Resident Secretaries, Attorney -in -Fact and Agents to accept Legal Process and Make Appearances. Section 45. Appointment. The Chairman of the Board of Directors, the President, any Vice -President or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Vice -President may, from time to time, appoint Resident Assistant Secretaries and Attorneys -in -Fad to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 46. Authority. The authority of such Resident Assistant Secretaries, Attorneys -in -Fad and Agents shall be as prescribed in the instrument evidencing their appointment. Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment:' This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of FIREMAN'S FUND INSURANCE COMPANY at a meeting duly called and held on the 7th day of August, 1984, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice -President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation" IN WITNESS WHEREOF, FIREMAN'S FUND INSURANCE COMPANY has caused these presents to be signed by its Vice -President, and its corporate seal to be hereunto affixed this 61-h. day of Sa p t Pm h e r , 19 C) l ,,t.N,.,,,.,fG FIREMAN'S FUND INSURANCE COMPANY A,NCE CO tt' By Vice -President STATE OF CALIFORNIA ss. COUNTY OF MARIN On this 6th day of September , 19 91 , before me personally came R. D. Farnsworth to me known, who, being by me duly sworn, did depose and say: that he is Vice -President of FIREMAN'S FUND INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and Year herein first above written. OFFICIAL SEAL J. M. VANDEVORT .. NOTARY PUBLIC - CALIFORNIA Principal Office in Marin County My CoMmWas Expires Aug. 28, 1492 CERTIFICATE V Notary Public ............... ............................----- —--- STATE OF CALIFORNIA ss. COUNTY OF MARIN I, the undersigned, Resident Assistant Secretary of FIREMAN'S FUND INSURANCE COMPANY, a CALIFORNIA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VII, Sections 45 and 46 of the By-laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force. Signed and sealed at the County of Marin. Dated the 30th day of January 19 92 O � • 2 G'P.,A'CE "' ! RGtt Resident As -Want SOCy 360711 -FF -6-89 LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN in accordance with the provisions of Section 103 of the General Municipal Law, that sealed bids are sought and requested for Modifications to the Town of Southold Scavenger Waste Treatment Plant at Greenport, New York. The sealed bids, together with Non -Collusive Bid Certificaste and certified check or bid bond in the amount of not less than five percent of the total amount of the bid, will be received by the Town Clerk at the Southold Town Hall, Main Road, Southold, New York, until 11:00 A.M. , Thursday, February 6, 1992, at which time they will be opened and read aloud in public. The Town Board of the Town of Southold reserves the right to reject any and all bids and waive any and all informality in any bid should it be deemed in the best interest of the Town of Southold to do so. All bidders must obtain a set of Bid Documents, and they must be obtained from the Town Clerk's Office, 53095 Main Road, Southold, New York 11971, upon payment of a $25.00 non-refundable fee. The Bid documents, consisting of Notice to Bidders, Instructions to Bidders, Bid, Bid Bond, Agreement, Performance Bond, Labor and Material Payment Bond, General Conditions, Drawings, Specifications and Addenda may be examined at the following locations: (1) Office of the Southold Town Clerk, Town Hall, Main Road, Southold, New York, (516) 765- 1801. (2) Cameron Engineering, P.C., 811 Jericho Turnpike, Smithtown, New York, (516) 997-4040. The Bidder to whom the Town proposes to award the Contract will be required to furnish Performance and Payment Bonds and the necessary insurance certificates as prescribed in the General Conditions and the Supplementary Conditions upon the Execution of the Agreement. The Town Board of the Town of Southold reserves the right to reject any or all bids received, within forty-five (45) days after the bid opening date, to re -advertise for bids, to abandon the project, or to waive any or all informalities in any bid received and to accept any proposal which the Town Board decides to be in the best interest of the Town of Southold. The bid price shall not include any tax, federal, state or local, from which the Town of Southold is exempt. DATED: January 7, 1992. JUDITH T. TERRY SOUTHOLD TOWN CLERK Page 2 - Scavenger Waste Plant PLEASE PUBLISH ON JANUARY 16, 1992 and JANUARY 23, 1992, AND FORWARD ',ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: The Siuffolk Times The Traveler -Watchman Town 'Board Members Town ',Attorneys Cameron Engineering, P.C.-Kurt Dietrich Greenport Village Clerk James 11. Monsell, Village of Greenport Merlon Wiggin, Peconic Associates Dodge Reports Brown's Letters Town 'Clerk's Bulletin Board • TOC -1 SCAVENGER WASTE TREATMENT PLANT MODIFICATIONS TOWN OF SOUTHOLD, NEW YORK TABLE OF CONTENTS • Page No. Title Page 0 Table of Contents Notice to Bidders (Advertisement) Instruction to Bidders IB -1 thru IB -7 Bid (Proposal) B-1 thru B-4 Bid Bond BB -1 thru BB -2 Non -Collusive Bidding Certification NC -1 thru NC -2 Bidder's Qualification Statement QS -1 thru QS -3 Agreement A-1 thru A-4 Notice of Award N-1 Performance Bond PF -1 thru PF -2 Labor and Material Payment Bond PB -1 thru PB -3 0 Notice to Proceed NP -1 General Conditions GC -1 thru GC -42 Technical Specifications: r Section 1 1-1 thru 1-2 Section 2 2-1 Section 3 3-1 thru 3-4 Section 4 4-1 Section 5 5-1 thru 5-8 • Section 6 6-1 thru 6-2 Section 7 7-1 Section 8 8-1 thru 8-3 Section 9 9-1 Section 10 10-1 thru 10-2 • Section 11 11-1 thru 11-6 TOC -1 NOTICE TO BIDDERS Separate Sealed Bids for Modifications to the Town of Southold Scavenger Waste Treatment Plant will be received by the Town Clerk of the Town of Southold, at the Southold Town Hall, 53095 Main Road, Southold, New York 19971, until 11:00 A.M., Thursday, February 6, 1992. The Bid Documents, consisting of Notice to Bidders, Instructions to Bidders, Bid, Bid Bond, Agreement, Performance Bond, Labor and Material Payment Bond, General Conditions, Drawings, Specifications and Addenda may be examined at the following locations: Office of the Town Clerk Southold Town Hall 53095 Main Road Southold, New York 11971 (516)765-1801 Cameron Engineering, P.C. 811 Jericho Turnpike Smithtown, New York 11787 (516)997-4040 All Bidders must obtain a set of Contract Documents which may be obtained only at the Town Clerk's Office upon payment of a $25.00 non-refundable fee. Each bid must be accompanied by a certified check of the bidder, or a bid bond, in an amount not less than five percent of the amount of the bid submitted. The Bidder to whom the Town proposes to ward the Contract will be required to furnish Performance and Payment Bonds and the necessary insurance certificates as prescribed in the General Conditions and the Supplementary Conditions upon the Execution of the Agreement. The Town Board of the Town of Southold reserves the right to reject any or all of the bids received, within forty-five (45) days after the bid opening date, to re -advertise for bids, to abandon the project, to waive any or all informalities in any bid received and to accept any proposal which the Owner decides to be in the best interest of the Owner. A Pre -Bid Meeting will be held at 10:00 A.M., Thursday, January 30, 1992 at the Town of Southold Scavenger Waste Treatment Plant, Moores Lane, Greenport, New York. NB -1 (Reserved) NB -2 0 • • 0 • • • C • 0 0 INSTRUCTION TO BIDDERS 1. BIDDING DO 1.1 The term "Bidding Documents" includes the following: a) Instruction to Bidders b) Bid (Proposal) c) Non -Collusive Bidding Certification d) Bidder's Qualification Statement e) Addenda (when applicable) f) Agreement g) General Conditions h) General Requirements i) Specifications j) Drawings 1.2 Complete sets of Bidding Documents must be used in preparing bids; neither Owner nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 1.3 Owner and Engineer in making copies of Bidding Documents available do so only for the purpose of obtaining bids on the work and do not confer a license or grant for any other use. 1.4 Failure to comply with any of the following instructions shall constitute cause for which the Bid may be rejected. FMMNF-611�61 M 2.1 Each bid shall be made on the 'Bid Form" attached hereto and shall remain attached hereto as one of the Bid Documents. 2.2 All blanks on the Bid Form must be completed in ink, in both words and figures with the unit or total sum, or both, for which the Bid is made. 2.3 Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed IM • and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. • 2.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. • 2.5 All names must be printed below the signature. 11 2.6 The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 2.7 The address and telephone number for communications regarding the Bid must be shown. 2.8 If Bids contain any omissions, erasures, alterations, additions or items • not called for in the itemized bid or contain irregularities of any kind, such may constitute cause for rejection of the Bid. In case of any discrepancy in the unit price or amount bid for any item in the Bid, the unit price, as expressed in written words, shall govern. • C7 • • C 0 Bids shall be delivered by the time and to the place stipulated in the advertisement and shall be enclosed in an opaque sealed envelope, marked with the Project Title and name and address of the Bidder and accompanied by the Bid Security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. It is the sole responsibility of the Bidder to see that his bid is received in the proper time. 4.1 Bid security shall be submitted with Bid in the amount of five (5%) percent of the Bid. Security shall be in the form of a certified check or Bid Bond by a Surety Company authorized to do business in the State of New York. 42 The Bid Security, except those of the Successful Bidder and the second and third lowest bidders, will be returned as soon as practicable after the bid openings. 43 Bid Security of the second and third lowest bidders will be returned as WN • soon as practicable after signing of the Contract, but the Owner shall not retain them more than forty-five (45) days after opening of bids, • except by mutual agreement. 4.4 The Bid Security of the Successful Bidder will be retained until such bidder has executed the Agreement and furnished the required Contract Security. If the Successful Bidder fails to execute and deliver • the Agreement and furnish the required Contract Security within fifteen days after the Notice of Award, Owner may annul the Notice of Award and the Bid Security of that bidder will be forfeited. • The number of days within which the work is to be completed and ready for final payment is set forth in the Agreement. Provisions for Liquidated Damages are set forth in the General Conditions. • I _ • • :_11.1. • Any Bidder must be prepared to present within five days of Owner's request the "Bidder's Qualification Statement" giving written evidence of experience, ability and financial standing as well as present commitments and an inventory of facilities and equipment. The Owner reserves the right to reject any bid if the evidence submitted • by,or investigation of, such Bidder fails to satisfy the Owner that such Bidder is properly qualified to carry out the obligations of the Contract and to complete the work contemplated therein. C • • 0 .: ull► : • • : It •1.1 ul ►� 11 • L 8.1 Before submitting a proposal, all bidders shall carefully examine the Drawings, Specifications and other Bid Documents, shall visit the site of the proposed work and shall become fully informed of conditions and limitations associated with fulfilling the requirements of the Contracts. 8.2 No plea of ignorance of misunderstanding of conditions that exist or that may hereafter exist, or of conditions or difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary examinations and investigations 1' I as may be expected of a reasonable prudent bidder, will be accepted as an excuse for any failure or omission on the part of a Contractor to • fulfill in every detail all of the requirements of the Bid Documents, or will be accepted as a basis for any claims whatsoever for extra compensation, or for an extension of time. 8.3 Reference is made to the General Requirements for subsurface • information obtained during design of the Project. 9. INTERPRETATIONS AND ADDENDA 9.1 All questions about the meaning or intent of the Contract Documents • are to be directed to Engineer. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer or Owner as having received the Bidding Documents. • Questions received less than ten days prior to the date for opening of bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. • 9.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer. 1�&101It I - M�II-C•l� • Bids shall not contain any recapitulation of the Work to be done. Modifications, exceptions or oral bids will not be considered. • Erasures or other corrections in the Bid Form must be initialed by the person signing the Bid Form. • 12.1 Any bidder may withdraw his bid, either personally or by written request, if such request is received by the Owner prior to one (1) minute before the scheduled closing time for receipt of bids. 12.2 All bids will remain subject to acceptance for forty-five days after the • day of the bid opening, but Owner may, in its sole discretion, release RM • 11 any prior to that date. 12.3 If, within twenty-four hours after bids are opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its bid, that bidder may withdraw its bid. Thereafter, that bidder will be disqualified from further bidding on the work to be provided under the Contract Documents. 40 The Bidder must be capable of performing the work required in the Contract and shall perform a substantial portion thereof with his own resources. Reference is made to the General Conditions for work by subcontractors. �1 111' M : i0 No person, firm or corporation shall be allowed to make more than one bid for the same work, unless alternate bids are called for. A person, firm or corporation who has submitted a bid to a bidder, or who has quoted prices on materials to a bidder, is not hereby disqualified from submitting a bid or quoting prices to other bidders. • 15. NON -COLLUSIVE BIDDING CERTIFICATION • U 0 0 Each bidder submitting a bid to the Owner for the work contemplated by the Bid Documents on which bidding is based shall execute and attach thereto an affidavit substantially in the form herein provided (Non -Collusive Bidding Certification), to the effect that he has not colluded with any other person, firm, or corporation in regard to any bid submitted. 16.1 Owner reserves the right to reject any and all bids, to waive any and all informalities not involving price, time or changes in the work and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional bids. Also, Owner reserves the right to reject the bid of any bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the bid is not responsive or the bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner. Discrepancies in the multiplication of units of work and unit prices will be resolved in favor of the unit prices. • Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. • 16.2 In evaluating bids, Owner will consider the qualifications of the bidders, whether or not the bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. • 16.3. Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any bid and to establish the responsibility, qualifications and financial ability of bidders to perform and furnish the Work in accordance with the Contract Documents to Owner's • satisfaction within the prescribed time. 16.4 If the Contract is to be awarded, it will be awarded to the Lowest Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Project. • 16.5 If the Contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within forty-five days after the day of the bid opening. The General Conditions sets forth the Owner's requirements as to Performance and Labor and Materials Payment Bonds. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by the required Performance and Payment Bonds. The General Conditions set forth Owner's requirements as to Insurance. When the Successful Bidder delivers the executed agreement to Owner, it must be accompanied by the required Insurance Certificates. The Successful Bidder will be required to provide a Maintenance Bond for a period of one (1) year from the date of final acceptance, against any and all omissions and defects which may develop or require attention as a result of his performance of the Contract. 0 • 20. SIGNING OF AGREEMENT • When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by three copies of the Agreement with all other written Contract Documents attached. Within fifteen days thereafter, Contractor shall sign and deliver the Agreement and attached documents to Owner with the required Bonds and Insurance coverage. Within ten days thereafter, Owner shall deliver one fully signed • copy to Contractor. Each copy is to be accompanied by a complete set of the Drawings with appropriate identification. 21. PRE-BID CONFERENCE • A Prebid Conference will be held as indicated in the Notice to Bidders. Representatives of Owner and Engineer will be present to discuss the Project. Engineer will transmit to all prospective bidders of record such Agenda as Engineer considers necessary in response to questions arising at the Conference. • • • • G • IB -7 0 V V Bid of BID SCAVENGER WASTE TREATMENT PLANT MODIFICATIONS TOWN OF SOUTHOLD, NEW YORK herein after called "Bidder", a corporation/ 40 (State) a partnership/an individual doing business as t1 mW i d u &,4 `Z - to C? LA/`� hereafter called "Owner". • Gentlemen: The Bidder, in compliance � � m ��fr bids for, the �truction of • �o��i�� having examined the Bidding Documents and the following Addenda (receipt of • which if hereby acknowledged): Date Number f and the site of the Proposed Work, and being familiar with all of the conditions surrounding the construction of the Proposed Project including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies and to construct the Project in accordance with the Bidding Documents, within the time set forth therein and at the prices stated below. These prices are to cover all expenses incurred in performing the Work required under the Bidding Documents, of which this Proposal becomes a part thereof. 0 B-1 L PROPOSAL TOWN OF SOUTHOLD • SCAVENGER WASTE TREATMENT PLANT MODIFICATIONS Item No. 1 - Mechanical Bar Screen • Lump sum price for Mechanical Bar Screen, complete. c� In Words:' I lt- Dollars • and Cents In Figures: $ I L '0 0 c) • Item No. 2 - Grit Removal System Lump sum price for Grit Removal System, complete. • In Words: �i F �`'� S Dollars and Cents In Figures: $ • Item No. 3 - Odor Control Piping Modifications Lump sum price for Odor Control Piping Modifications, complete. In Words: Dollars • and Cents � U In Figures: $ Ch • ME 0 • Item No. 4 - Concrete • Lump sum price for Concrete, complete. In Words: ( . ; (�? cj `'v Dollars and Cents In Figures: $ `� 0 � • Item No. 5 - Masonry Lump sum price for Masonry, complete. • In Words: �� ( Dollars and Cents In Figures: $(,� • Item No. 6 - Air Compressor • Lump sum price for Air Compressor, complete. In Words: -- �� 'f�) C Dollars and Cents In Figures: $ 7 LM IM 0 �J= • 0 Item No. 10 - Painting Lump sum price for Painting, complete. In Words: i. 7 i,1 �c �- DC7 �� and In Figures: $ do 0 Dollars Cents Item No. 7 - Electrical Work • Lump sum price for Electrical Work, complete. In Words: " (� t `' ` ` Dollars and Cents In Figures: $ 1 � L • Item No. 8 - Sound -Proof Door Lump sum price for Sound -Proof Door, complete. C �' In Words: Dollars • and Cents In Figures: $ • Item No. 9 - Roofing Lump sum price for Roofing, complete. J h ) c • In Words: Dollars and Cents In Figures: $ • �J= • 0 Item No. 10 - Painting Lump sum price for Painting, complete. In Words: i. 7 i,1 �c �- DC7 �� and In Figures: $ do 0 Dollars Cents 0 TOTAL OR GROSS BID IN FIGURES: 2 () (� G C�) TOTAL OR GROSS BID WRITTEN IN WORDS: 0and Dollars Cents The work performed under this Contract is hereby guaranteed for a period of one (1) year from the date of final acceptance by the Owner. All equipment furnished and installed under this Contract is hereby guaranteed for the same term. The guarantees are in accordance with the requirements contained in the Contract Documents and Specifications. If the Proposal, or any alternate, is accepted, the Contractor will start work within 15 days after the date of the Award of Contract and will complete the work within • days from the date of Award of Contract. • The Bidder shall submit a list of all materials and equipment which he proposed to install, with his bid, including a copy of the manufacturer's specifications for each item. All items shall be subject to the approval of the Engineer. This Bid may be withdrawn at any time prior to the scheduled time for the opening of Bids or any authorized postponement thereof. The undersigned declare that the only persons interested in this proposal or the Contract proposed to be taken, as principals, are as stated; that this proposal is in all respects made without collusion or fraud; that the undersigned will, within fifteen (15) days after the mailing or delivery of notice of acceptance of this Bid, execute and deliver a Contract in the Form of Contract shown in the Proposal Section of these Contract Documents. NAME OF BIDDER ADDRESS OF BIDDER (�� '✓ �� 1 �� `'' �� l� TELEPHONE NUMBER SIGNED BY T= !�6 �g DATE 5 I ( r7l, V �/4/c'Z-- 0 0 C KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned as Principal, and as Surety, are 0 hereby held firmlybound unto in the Penal Sum of for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs,executors, administrators, successors, and assigns. Signed this day of '19 THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that, WHEREAS the Principal has submitted to a certain bid, attached hereto and hereby made a part hereof, to enter into a 0 Contract in writing, for the • NOW, THEREFORE, a) if said Bid shall be rejected, or in the alternate b) if said Bid shall be accepted and the Principal shall execute and deliver an Agreement in the form attached hereto (properly completed in accordance 0 with said Bid) and shall furnish a Bond for his faithful performance of said Agreement, and for the payment of all persons performing labor or furnishing materials in connection therewith and shall in all other respects perform the Agreement created by the acceptance of said Bid. 40 Then, this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. RIM The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of • the time within which the Obligee may accept such bid; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals and such of them as are corporations have caused their corporate • seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. Principal • by • • C • jM M. . 0 •k It • NON-LOLLUSTVE BIDDING CERTIFICATION 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 his 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; 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 and prior to opening, directly or indirectly, to any 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. Legal Ndme of Person, Firin •A or Corporation �. by C • THE FOLLOWING RESOLUTION FORM MUST BE COMPLETED IF THE BIDDER IS A CORPORATION: • • 0 that (Name and Title of Signator and Name of?Corporati be authorized to sign and submit the Bid Proposal of this corporation for the following project. NC -1 • And to include in such bid the Certificate as to Non -Collusion required by Section 103-D of the General Municipal Law as the act and deed of such corporation and • for any inaccuracies or misstatements in such Certificate this Corporate Bidder shall be liable under the penalties of perjury. The foregoing is a true and correct copy of the resolution adopted by A(Name of • Corporation at a meeting of its Board of Directors held on the rporation) ,54 day of (SEAL OF CORPORATION) • (SECRETARY) • C7 �7 • • • NC -2 0 • BIDDER'S QUALIFICATION STATEMENT • The signatory of this questionnaire certifies under oath the truth and correctness of all statements and of all answers to interrogatories hereinafter made. • SUBMITTED BY: A Corporation al • PRINCIPAL OFFICE: 40 PRINCIPAL dFFICERS BACKGROUND • PROFESSIONAL TITLE NAME ADDRESS OR TRADE • 1. How many years has your organization been in business as a general contractor under its present business name? /� • 2. You normally perform what percent of the work with your own forces? le10 % List trades below: • 3. Have you ever failed to complete any work awarded to you? If so, note where and why. • QS -1 AN 4. List the major construction projects your organization has underway at this date: • • • • • • 0 5. Engineer/ Contract Percent Scheduled Architect Amount Complete Completion �- A -Q — . List five major projects you organization has completed in the past five years: Work Done With Engineer/ Contract Date of Own Forces Proiect /Owwner Architect Amount Completion % Of Work Trades r� 6. List the construction experience of the principal individuals of your organization (particularly the anticipated project supervisors): Present Type of Work Position Years of For Which In What Individuals's Name Or Office Experience Responsible Capacity 11�1 41:�K Ile 7. Do you have, or can you obtain, sufficient men and equipment to commence work when required and complete the work within the Contract Time? 8. Bank References: T fes' QS -2 Ll Ll • ,I L AN im • • • 0 9. Trade Association Membership: 10. Attach current state of financial conditions showing assets, liabilities and net worth. STATE OF ) COUNTY OF ) correct. and says that he is the contractor and that contained are true and Sworn to before me this day of Notary Public - Commission Expiration Date: MARIE A. STRgNG Notary Public, State of New York No. 52-462113, Suffolk Cou y�rrs� '' Commission Expires October 31,19G,� QS -3 7 F.T� 1-"31 � y THIS AGREEMENT, made this day of A.D. Nineteen Hundred and Ninety by and between the party of the first part (hereinafter called the Owner and party of the second part (hereinafter called Contractor). 40 WITNESSETH. That for and in consideration of the premises and the agreements herein contained, and the payments herein provided to be made, the parties hereto agree as follows: FIRST: The Contractor shall perform all labor, and furnish all the materials, equipment, tools, and implements and will well and faithfully perform and complete the entire work of constructing (Name of Project) • as described in the Contract Documents made and prepared by Cameron Engineering, P.C. and as set forth in the Contractor's proposal dated , and in strict and entire conformity and in accordance with the Notice to Bidders, Information for Bidders, Bid, this Agreement, Performance Bond, Labor and 0 Material Bond, General Terms and Conditions, Detailed Specifications, Contract Drawings and Addenda hereto annexed and made a part hereof, and hereinafter collectively referred to as "Contract Document". SECOND: The Consideration of *the Contractor performing this Contract in the manner herein stated and as stated in the Contract Documents, the Owner promises and agrees to pay or cause to be paid to the Contractor the sums of money mentioned in said Contract Documents in the manner and under the conditions therein provided. THIRD: The Contractor covenants and agrees that, anything in this Contract or in the Contract Documents to be contrary notwithstanding, or regardless of any matter, thing, contingency of condition unforeseen or otherwise, present or future, the Contractor shall not be entitled to receive any additional or further sums of money than the amounts in said Contract Documents provided; and the failure of the Owner or its agents to insist upon strict performance of any of the terms, covenants, A-1 UA agreements, provisions or conditions in this Contract or in the Contract Documents, on any one or more instances, shall not be construed as a waiver or relinquishment • for the future of any such terms, covenants, agreements, provisions and conditions and the same shall be and remain in full force and effect with power and authority on the part of the Owner to enforce the same of cause the same to be enforced at any time, without prejudice to any other rights which the Owner may have against the Contractor under this Contract or the Contract Documents. • Terms used in the Agreement which are defined in Article 1 of the General Conditions shall have the meanings indicated in the General Conditions. Neither Owner nor Contractor shall, without the prior written consent of the other, • assign or sublet in whole or part his interest under any of the Contract Documents; and, specifically, Contractor shall not assign any monies due or to become due without the prior written consent of the Owner. Owner and Contractor each binds himself j his partners, successors, assigns and legal representatives of the other party hereto in respect to all covenants, agreements and • obligations contained in the Contract Documents. • • • • • 0 The Contract Documents constitute the entire agreement between Owner and Contractor and may only be altered, amended or repealed by a duly executed written instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. OWNER (CORPORATE SEAL) CONTRACTOR (CORPORATE SEAL) Attest Attest A-2 • STATE OF NEW YORK ) ss: • COUNTY OF ) • • • On this day of . 19_, before me personally came to me known and known to me to be the of the . who being by me duly sworn did depose and say that he resides at and he is the of the . the Corporation described in and which executed the above instrument and that he knows the Corporate Seal of said Corporation; that the Seal affixed to said instrument is such Corporate Seal; that it was so affixed by order of the and that by like order he thereunto signed his name and official designation. (SEAL) Notary Public ACKNOWLEDGEMENT OF PRINCIPAL, IF A CORPORATION • STATE OF C�) ss: COUNTY O ) • On this day f efore me personally came t eV=o, bei b e duly swore did depose and at he. resides at/ , that he is the of , the • Corporation described in and which exe ted the foregoing instrument; that he knows the Seal of said Corporation; that o of the seals affixed to said instrument is such seal; that it was so affixed by orde of the Board of Directors of said corporation and that he signed his name there by like order. • (SEAL) - Notary Public/ a Ir Publ c St to o t4 W Yolk �5j-462n� 13, Suffolk 31�]� Commission Expires • A-3 0 • ACKNOWLEDGEMENT OF PRINCIPAL, IF A PARTNERSHIP STATE OF ) ) ss: COUNTY OF ) On this day of _ . 19._, before me personally 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 executed the same as and for the act and deed of said Firm. • (SEAL) Notary Public ACKNOWLEDGEMENT OF PRINCIPAL, IF AN INDIVIDUAL • • • • Ll • 0 STATE OF ss: COUNTY OF ) On this day of . 19_, before me personally appeared to me known and known to me to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same. (SEAL) Notary Public A-4 0 0 A 7 7 • • 7 • LM 0 TO: DATE Regarding you are hereby notified to be the Successful Bidder. Three copies of each of the proposed Contract Documents accompany this Notice of Award. Within fifteen days of the date of this Notice of Award, that is by . 19__, you must deliver to the Owner three fully executed copies of the Agreement, including all the Contract Documents with the required Bonds and Insurance Coverage as specified in the Contract Documents. Each of the Contract Documents must bear your signature on the cover. Within ten days after you comply with those conditions, Owner will return to you one fully signed copy of the Agreement with the Contract Documents attached. N-1 0 • KNOW ALL MEN BY THESE PRESENTS: that (here insert the name and address or legal title of the Contractor) as Principal, hereinafter called "Contractor", and . a Corporation of the with its home office in the . U.S.A., as Surety, hereinafter called "Surety", are held and firmly bound unto (here insert the name and address or legal title of the Owner) as Obligee, hereinafter called "Owner", in the amount of dollars ($ ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, 0 successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated . 19_, entered into a contract with the Owner for in accordance with drawings and specifications prepared by: _ 0 (here insert full name, title and address) • which contract is by reference made a part hereof and is hereinafter referred to as the "Contract". NOW, THEREFORE, THE CONDMON OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void, otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligation thereunder, the Surety 0 may promptly: 1. Complete the Contract in accordance with its terms and conditions, or 0 PF -1 0 0 2. Obtain a bid or bids for submission to Owner for completing the Contract in • accordance with its terms and conditions and upon determination by Owner and Surety of the Lowest Responsible Bidder, arrange for a Contract between such Bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "Balance of the Contract Price" as used in this paragraph, shall mean the 40 total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this Bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this Bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of Owner. Signed and sealed this day of . 19_. L In the presence of: • • • • 0 Principal Title (seal) By (seal) Title PF -2 • Note: This Bond is issued simultaneously with Performance Bond in favor of the Owner conditioned on the full and faithful performance of the Contract. KNOW ALL MEN BY THESE PRESENTS: that (here insert the name and address or legal title of the Contractor) as Principal, hereinafter called "Principal", and • a corporation of the with its home office in the , U.S.A., as Surety, hereinafter called "Surety", are held and firmly bound unto: • (here insert the name and address or legal title of the Owner) as Obligee, hereinafter called "Owner", for the use and benefit of claimants as hereinbelow defined, in the amount of dollars ($ ), for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, formly by these presents. WHEREAS, Principal has by written agreement dated —,19 entered into a Contract with Owner for • in accordance with Drawings and Specifications prepared by: (here insert full name, title and address) • • which Contract is by reference is made a part hereof and is hereinafter referred to as the "Contract". NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: A claimant is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and am • material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to • the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this Bond for the use of such claimant, prosecute the suit to final judgement for such sum or sums as may be justly due claimant and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a. Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety • (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the material for which said claim is made, stating with substantial accuracy, the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served • by mailing the same by Registered Mail or Certified Mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid Project is located, save that • such service need not be made by a Public Officer. b. After the expiration of two (2) years following the date on which Principal ceased work on said Contract, it being understood, however, that if any limitations embodied in this Bond is prohibited by any law • controlling the construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. C. Other than in a state court of competent jurisdiction in and for the • county or other political subdivision of the state in which the Project, or any party thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated and not elsewhere. • C • 4. The amount of this Bond shall be reduced by and to the extent of any payments made in good faith hereunder, inclusive of the payment by Surety • of mechanic's liens which may be filed on record against said improvement, whether or not claim of the amount of such lien be presented under and against this Bond. 0 Signed and Sealed this day of , 19 In the presence of: • • • • • • (seal) Principal Title by PB -3 Title (seal) • :IM • C� r • CIM • 7 7 0 R10111WINLE 01 Re: Project Name Amount of Contract You are hereby notified to commence work on the referenced Contract on or before and are to fully complete the work within consecutive calendar days thereafter. Your Contract Completion Date is therefore . Also, before you may start any work at the site, you must provide the required bonds and insurance certificates to the Owner Cameron Engineering, P.C. By: NP -1 Date • GENERAL CONDITIONS TABLE OF CONTENTS • Article Number g g 1 Definitions GC -2 thru GC -4 • 2 Preliminary Matters GC -4 thru GC -6 3 Correlation, Interpretation and Intent of Contract Documents GC -6 • 4 Availability of Lands: Physical Conditions, Reference Points GC -6 thru GC -8 5 Bonds and Insurance GC -8 thru GC -11 • 6 Contractor's Responsibilities GC -11 thru GC -18 7 Work by Others GC -18 thru GC -19 • 8 Owner's Responsibilities GC -19 thru GC -20 9 Engineer's Status during Construction GC -20 thru GC -22 10 Changes in the Work GC -22 thru GC -23 11 Change of Contract Prices GC -23 thru GC -27 12 Change of Contract Time GC -27 thru GC -28 13 Warranty and Guarantee: Tests and Inspections: Correction, Removal or Acceptance of Defective Work GC -28 thru GC -30 • 14 Payments and Completion GC -31 thru GC -36 15 Suspension of Work and Termination GC -36 thru GC -37 16 Miscellaneous GC -37 thru GC -38 • 17 Supplementary Conditions GC -38 thru GC -42 GC -1 0 • • 14001:4 Aill r[ce)ZI �� II II��7►`F`! ARTICLE 1- DEFINMONS Wherever used in these General Conditions or in the other Contract Documents, the following terms have the meanings indicated which are applicable to both the • singular and plural thereof: Agreement - The written agreement between Owner and Contractor covering the Work to be performed; other Contract Documents are attached to the Agreement. 40 Application for Payment - The form which is to be used by Contractor in requesting progress payments and which is to include the schedule of values required by paragraph 14.1 and an affidavit of Contractor that progress payments theretofore received on account of the Work have been applied by Contractor to discharge in full all of Contractor's obligations reflected in prior Applications for Payment. • Bid - The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. Bidder - Any person, firm or corporation submitting a Bid for the Work. • Bonds - Bid, performance and payment bonds and other instruments of security, furnished by Contractor and his surety in accordance with the Contract Documents. Change Order - a written order to Contractor signed by the Owner authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or • the Contract Time issued after execution of the Agreement. Contract Documents - The Agreement, Addenda (whether issued prior to the opening of bids or the execution of the Agreement). Instructions to Bidders, Contractor's Bid, the Bonds, the Notice of Award, these General Conditions, the • Supplementary Conditions, the Specification, Drawings and Modifications. Contract Price - The total monies payable to the Contractor under the Contract Documents. • Contract Time - The number of days stated in the Agreement for the completion of the Work, computed as provided in paragraph 16.2. Contractor - The person, firm or corporation with whom the Owner has executed the Agreement. • GC -2 0 • C Day - A calendar day of twenty-four hours measured from midnight to the next midnight. Drawings - The drawings which show the character and scope of the Work to be performed and which have been prepared or approved by the Engineer and are referred to in the Contract Documents. • Engineer - The firm of Cameron Engineering, P.C., acting directly, or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them. Field Order - A written order is issued by the Engineer which clarifies or interprets • the Contract Documents in accordance with paragraph 9.3 or orders minor changes in the Work in accordance with paragraph 10.2. Modification - (a) A written amendment of the Contract Documents signed by both parties, (b) a Change Order, (c) a written clarification or interpretation issued by the Engineer in accordance with paragraph 9.3 or (d) a written order for a minor change 0 or alteration in the Work issued by the Engineer pursuant to paragraph 10.2. A modification may only be issued after execution of the Agreement. Notice of Award - The written notice by the Owner to the apparent successful Bidder stating that upon compliance with the conditions precedent to the fulfilled by him • within the time specified, Owner will execute and deliver the Agreement to him. Notice to Proceed - A written notice given by the Owner to the Contractor (with a copy to the Engineer) fixing the date on which the Contract Time will commence to run and on which the Contractor shall start to perform his obligations under the Contract Documents. Owner - The person, firm or corporation authorizing the Work to be performed. Project - The entire construction to be performed as provided in the Contract • Documents. Resident Project Representative - The authorized representative of the Engineer or Owner who is assigned to the Project site or any part thereof. • Shop Drawings - All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by the Contractor, a Subcontractor, manufacturer, supplier or distributor and which illustrate the equipment, material or some portion of the Work. • GC -3 0 • Specifications - Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and • workmanship as applied to the Work. Subcontractor - An individual, firm, or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work at the site. • Substantial Completion - The date as certified by the Engineer when the construction of the Project or a specified part thereof is sufficiently completed, in accordance with the Contract Documents, so that the Project or specified part can be utilized for the purposes for which it was intended or if there be no such certification, the date when the final payment is due in accordance with paragraph 14.13. Work - Any and all obligations, duties and responsibilities necessary to the successful completion of the Project assigned to or undertaken by the Contractor under the Contract Documents, including all labor, materials, equipment and other incidentals, • and the furnishing thereof. ARTICLE 2 - PREI MINARY MATTERS Execution of Agreement: • 2.1 At least three counterparts of the Agreement and such other Contract Documents as practicable will be executed and delivered by the Contractor to the Owner within fifteen days of the Notice of Award and the Owner will execute and deliver one counterpart to the Contractor within ten days of receipt of the executed Agreement from the Contractor. The Engineer will identify those portions of the • Contract Documents not so signed and such identification will be binding on all parties, the Owner, Contractor and Engineer shall each receive an executed counterpart of the Contract Documents and additional conformed copies as required. • Delivery of Bonds: 2.2 When he delivers the executed Agreements to the Owner, Contractor shall also deliver to the Owner such Bonds as he may be required to furnish in accordance with paragraph 5.1. Copies of Documents: 2.3 The Owner shall furnish to the Contractor up to four (4) copies of the Contract Documents as reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction. GC -4 11 Contractor's Pre -Start Representations: • 2.4 The Contractor represents that he has familiarized himself with the nature and extent of the Contract Documents, Work, Locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that may in any manner affect performance of the Work, and represents that he has correlated his study and observations with the requirements of the Contract Documents. The • Contractor also represents that he has studied all surveys and investigation reports of subsurface and latent physical conditions referred in the Supplementary Conditions and made such additional surveys and investigations as he deems necessary for the performance of the Work at the Contract Price in accordance with the requirements of the Contract Documents and that he has correlated the results of all such data • with the requirements of the Contract Documents. Commencement of Contract Time: Notice to Proceed: 2.5 The Contract Time will commence to run on the fifteenth day after the day on which the executed Agreement is delivered by the Owner to the Contractor or, • if a Notice to Proceed is given, on the day indicated in the Notice to Proceed but in no event shall the Contract Time commence to run later than the ninetieth day after the day of Bid Opening or the thirtieth day after the day on which the Owner delivers the executed Agreement to the Contractor. A Notice to Proceed may be given at any time within thirty days after the day on which the Owner delivers the • executed Agreement to the Contractor. Starting the Project: 2.6 The Contractor shall start to perform his obligations under the Contract • Documents on the date when the Contract Time commences to run. No work shall be done at the site prior to the date on which the Contract Time commences to run. Before Starting Construction: • 2.7 Before undertaking each part of the Work, the Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. He shall at once report in writing to the Engineer any conflict, error or discrepancy which he may discover; however, he shall not be liable to the Owner or Engineer for his failure to discover any conflict, • error or discrepancy in the Drawings or Specifications. 2.8 Within ten (10) days after delivery of the executed Agreement by the Owner to the Contractor, the Contractor shall submit to the Engineer for approval, an estimated progress schedule indicating the starting and completion dates of the • various stages of the Work, and a preliminary schedule of Shop Drawings GC -5 0 • submissions. • 2.9 Before starting the Work at the site, the Contractor shall furnish the Owner and the Engineer certificates of insurance as required by Article 5. Within twenty days after delivery of the executed Agreement by the Owner to the Contractor, but before starting the Work at the site, a conference will be held to review the above schedules, to establish procedures for handling Shop Drawings and other submissions • and for processing Applications for Payment, and to establish a working understanding between the parties as to the Project. Present at the conference will be the Owner or his representative, the Engineer, Resident Project Representative, Contractor and his Superintendent. •\' �' �� '7'7:x/ • . �` �.�� .ice __ • ` � 1 • 3.1 It is the intent of the Specifications and Drawings to describe a complete Project to be constructed in accordance with the Contract Documents. The Contract Documents comprise the entire Agreement between the Owner and Contractor. • They may be altered only by a Modification. 3.2 The Contractor Documents are complementary; what is called for by one is as binding as if called for by all. If the Contractor finds a conflict, error or discrepancy in the Contract Documents, he shall call it to the Engineer's attention • in writing at once and before proceeding with the Work affected thereby; however, he shall not be liable to the Owner or Engineer for his failure to discover any conflict, error or discrepancy in the Specifications or Drawings. In resolving such conflicts, errors, and discrepancies, the documents shall be given precedence in the following order: Agreement, Modifications, Addenda, Supplementary Conditions, 0 Instructions to Bidders, General Conditions, Specifications and Drawings. Figure dimensions on Drawings shall govern over scale dimensions, and detailed Drawings shall govern over general Drawings. Any work that may reasonably be inferred from the Specifications or Drawings as being required to produce the intended result shall be supplied whether or not it is specifically called for. Work, materials or equipment • described in words which so applied have a well-known technical or trade meaning shall be deemed to refer to such recognized standards. ARTICLE 4 - AVAIIABIIITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS • Availability of Lands: 4.1 Owner shall furnish as indicated in the Contract Documents and not later than the date when needed by the Contractor, the lands upon which the Work is to be done, rights-of-way for access thereto, and such other lands which are designated for • GC -6 0 0 the use of the Contractor. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by the Owner, unless 0 otherwise specified in the Contract Documents. If the Contractor believes that any delay in the Owner's furnishing these lands or easements entitles him to an extension of the Contract Time, he may make a claim therefore as provided in Article 12. The Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. Physical Conditions - Surveys and Reports: 4.2 Reference is made to the Supplementary Conditions for identification of those surveys and investigation reports of subsurface and latent physical conditions at the 40 Project site or otherwise affecting performance of the Work which have been relied upon by the Engineer in preparation of the Drawings and Specifications. Unforeseen Physical Conditions: 4.3 The Contractor shall promptly notify the Owner and Engineer in writing of 0 any subsurface or latent physical conditions at the site differing materially from those indicated in the Contract Documents. The Engineer will promptly investigate those conditions and advise the Owner in writing if further surveys or subsurface tests are necessary. Promptly thereafter, the Owner shall obtain the necessary additional surveys and tests and furnish copies to the Engineer and Contractor. If the Engineer • finds that the results of such surveys or tests indicate that there are subsurface or latent physical conditions which differ materially from those intended in the Contract Documents, and which could not reasonably have been anticipated by the Contractor, a Change Order shall be issued incorporating the necessary revisions. 0 Reference Points: 4.4 The Owner shall provide engineering surveys for construction to establish reference points which in his judgement are necessary to enable the Contractor to proceed with the Work. The Contractor shall be responsible for surveying and laying out the Work (unless otherwise provided in the Supplementary Conditions) and shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of the Owner. He shall report to the Engineer whenever any reference point is lost of destroyed or requires relocation because of necessary changes in grades or locations. The Contractor shall replace and accurately relocate all reference points so lost, destroyed or moved. • GC -7 0 ARTICLE 5 - BONDS AND INSURANCE • Performance, Payment and Other bonds: 5.1 The Contractor shall furnish Performance and Payment Bonds as security for the faithful performance and payment of all his obligations under the Contract Documents. Upon application for final payment, the Contractor shall provide the 0 Owner with a Maintenance Bond which shall remain in effect for one year from the date of approval of final payment as a guarantee that the Contractor will make good any faults or defects in the Work arising from improper or defective workmanship or materials which may appear during that period. These Bonds shall be in amounts at least equal to the Contract Price, and (except as otherwise provided in the 40 Supplementary Conditions) in such form and with such sureties as are licensed to conduct business in the state where the project is located and are named in the current list of "Surety Companies Acceptable on Federal Bonds" as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S. Treasury Department. The Performance Bond shall be maintained in full force for a period of twelve months after the date of final certificate as a guarantee that the Contractor will make 0 good any faults or defects in the Work arising from improper or defective workmanship or materials which may appear during that period. 5.2 If the surety on any Bond furnished by the Contractor is declared a bankruptcy or becomes insolvent or its right to do business is terminated in any state • where any part of the Project is located or is removed from the list of Surety Companies accepted on Federal Bonds, the Contractor shall within five days thereafter substitute another Bond and Surety, both of which shall be acceptable to the Owner. 0 5.3 Insurance and Indemnity: • 5.3.1 The Contractor shall procure and maintain, at his own expense, and without expense to the Owner, until final acceptance by the _Owner of the Work and terms covered by the Contract, insurance for damages imposed by law, of the kinds and in amounts hereinafter provided, in insurance companies authorized to do such business in the State of New York and be rated at least "A -VIII" by the current "Best Rating Guide", covering all operations under the Contract whether performed by him or his subcontractors. Before commencing the Work, the Contractor shall furnish to the Owner certified copies of the original policies and such numbers of Certificates of Insurance in form satisfactory to the Owner showing that the Contractor has complied with this section which certificate shall provide that the policies shall not be changed or canceled until thirty (30) days written notice has been given to the Owner. GC -8 0 • • • • • • C • • 0 5.3.2 The Contractor shall take and assume all responsibility for the Work and take all precautions for the prevention of injuries to persons and property in or about the Work; he shall bear all losses resulting to him on account of the amount of character or upon which the Work is done difference from that which was estimated or expected, or on account of the weather, elements or other causes and he and his surety or insurance company shall assume the defense of and indemnify and save harmless the owner and its officers, employees, agents and Engineer, from any and all claims relating to labor, equipment or material furnished for the Work and to inventions, patents and patent rights used in doing the Work, and to injuries or damages to person, corporations or property, caused by, or in any way arising out of the Work performed by the Contractor, subcontractor and the employees under this Contract. 5.3.3 The Contractor shall provide insurance coverage as follows: 1. Workman's Compensation in accordance with the laws of the State of New York, covering the Contractor, its subcontractors for all operations under the Contract whether performed by him or by his subcontractors. This insurance may be evidenced by a certified copy of the policy or a certificate of insurance using form number L.C1305 (C-105.2). 2. New York State Statutory Disability Benefits in accordance with the laws of the State of New York covering the Contractor, its subcontractors for all operations under the Contract whether performed by him or by his subcontractors. This insurance may be evidenced by a certified copy of the policy, or a certificate of insurance using form number DB -120. 3. Liability and PrWeM Damage Insurance - Unless otherwise specifically required by the detailed Specifications, liability and property damage insurance on all policies shall have limits of not less than: Bodily Injury Liability Property Damage Liability Each Occurrence Each Occurrence Aggregate $1,000,000 $1,000,000 $2,000,000 For damages arising during the policy period, shall be furnished in type specified, viz: Items 3a or 3b as stated below may be evidenced by a certificate of insurance. Item 3c must be a separate policy and be in full force and effect. An umbrella liability policy may be used to effect GC -9 0 • C • • C: • • • 0 the total limits required. A certificate of insurance may be used. 3a. Coverage - Contractor's Comprehensive General Liability Insurance issued to and covering the liability for damages imposed by law upon the Contractor for bodily injuries and property damage with respect to all work performed by him (before, during and after acceptance of Work) under this Contract; such policy to be endorsed to cover the Defense, Indemnification and Hold Harmless Agreement contained in paragraph 5.3.5. The policy shall include but not be limited to: Broadform Property Damage Completed Operations Product Liability GCL Extension Endorsement It shall also include the Owner and Engineers as named insured. 3b. Coverage - Contractor's Protective Comprehensive General Liability Insurance issued to and covering the liability for damages imposed by law upon the Contractor for bodily injuries and property damage with respect to all work under this Contract performed for the Contractor by subcontractors, if any; such policy to be endorsed to cover the Defense, Indemnification and Hold Harmless Agreement contained in paragraph 5.3.5. 3d. Coverage - A policy of Automobile Insurance covering bodily injury and property damage and insuring the Contractor for his operation of all motor vehicles and mobile equipment. The Owner may consider the Contract to be void and of no effect unless the person or corporation making or executing the same shall secure and keep in effect the above coverage during the life of said Contract which includes the period of the Maintenance Bond. 5.3.4 Builder's Risk: 1. The Contractor shall effect and maintain insurance against loss of fire (including Builder's Risk Special Extended Coverage Endorsement) upon all the Work in place and all material stored at the site of the Work, whether or not covered by partial payments made by the Owner. This insurance shall be in an amount equal to the full insurance value thereof at all times and shall be for the benefit of the Owner, the Contractor and such subcontractors as their interests may respectively appear. GC -10 • 2. Certificates and policies shall provide that coverage may not be canceled or changed without thirty (30) days prior notice to the Owner. • 3. The Contractor shall be responsible for protection against vandalism, theft or malicious mischief of all of his work, materials and equipment at all times from the start to the completion of the Work. The Owner will not have any responsibility for or be under any obligation to reimburse any subcontractor for any losses which may be due to vandalism, theft or malicious mischief. Hold Harmless (Indemnify): • 5.3.5 The Contractor shall defend, indemnify and hold harmless the Owner, its agents and Engineer, servants and employees, as required and affected by the Work from any and all damages or claims whatsoever, occasioned by or caused to any persons, partnership, association or corporation, or occasioned by or caused to any property arising out of the performance of this Contract or from any defective • condition of the materials furnished or supplied or contemplated to be furnished or supplied under this Contract, provided, however, that any liability arising out of or in connection with this Contract was not caused by or resulting from the sole negligence of the Owner. This is to include inventions, royalties, patents and patent rights. • Workmen's Compensation: 5.3.6 Pursuant to the provisions of Chapter Four Hundred and Seventy -Eight of the Laws of Nineteen Hundred Sixteen or amendments thereto, this Contract shall be void and of no effect unless the Contractor shall secure compensation for the benefit • of, and keep insured during the life of this Contract, such employees as are required to be insured by the provisions of Chapter Forty -One of the Laws of Nineteen Hundred Fourteen and acts amendatory thereto, known as the "Workmen's Compensation Law". • ARTICLE 6 - CONTRACTOR'S RESPONSIBUMMS Supervision and Superintendence: 6.1 The Contractor shall supervise and direct the Work efficiently and with his • best skill and attention. He shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but he shall not be solely responsible for the negligence of others in the design or selection of a specific means, methods, technique, sequence or procedure of construction which is indicated in and required by the Contract Documents. The Contractor shall be responsible to see that the finished work complies accurately with the Contract Documents. GC -11 J 0 6.2 The Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice 9 to the Owner and Engineer except under extraordinary circumstances. The superintendent will be the Contractor's representative at the site and shall have authority to act on behalf of the Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. • Labor, Materials and Equipment: 6.3 The Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. He shall at all times maintain good discipline and order at the site. • 6.4 The Contractor shall furnish all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water and sanitary facilities and all other facilities and incidentals necessary for the execution, testing, initial operation and completion of the Work. 6.5 All materials and equipment shall be new, except as otherwise provided in Contract Documents. If required by the Engineer, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 6.6 All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturer, fabricator or processors, except as otherwise provided in the Contract Documents. Substitute Materials or Equipment: • 6.7 If Supplementary Conditions, law, ordinance or applicable rules or regulations permit the Contractor to furnish or use a substitute that is equal to any material or equipment specified, and if the Contractor wishes to furnish. or use a proposed substitute, he shall, prior to the conference called for by paragraph 2.9, make written • application to the Engineer for approval of such a substitute certifying, in writing, that the proposed substitute will perform adequately the functions called for by the general design, be similar and of equal substance to that specified and be suited to the same use and capable of performing the same functions as that specified, stating whether or not its incorporation in or use in connection with the Project is subject to the payment of any license fee or royalty; and identifying all variations of the proposed substitute from that specified and indicating available maintenance service. No substitute shall be ordered or installed without the written approval of the Engineer who will be the judge of equality and may require the Contractor to furnish such other data about the proposed substitute as he considers pertinent. No substitute shall be ordered or installed without such performance guarantee and GC -12 0 • bonds as the Owner may require which shall be furnished at the Contractor's expense. • Concerning Subcontractors: 6.8 The Contractor shall not employ any subcontractor or other person or organization (including those who are to furnish the principal items of material or equipment), whether initially or as a substitute, against whom the Owner or Engineer • may have reasonable objection. A subcontractor or other person or organization identified in writing to the Owner and the Engineer by the Contractor prior to the Notice of Award and not objected to in writing by the Owner or the Engineer prior to the Notice of Award will be deemed acceptable to the Owner and Engineer. Acceptance of any Subcontractor, other person or organization by the Owner or • Engineer shall not constitute a waiver of any right of the owner or Engineer to reject defective Work, or work not in conformance with the Contract Documents. If the Owner or Engineer after due investigation has reasonable objection to any Subcontractor, other person or organization proposed by the Contractor after the Notice of Award, the Contractor shall submit an acceptable substitute. The • Contractor shall not be required to employ any Subcontractor, other person or organization against whom he has reasonable objection. The Contractor shall not without the consent of the Owner and Engineer make any substitution for any Contractor, other person or organization who has been accepted by the Owner and Engineer unless the Engineer determines that there is good cause for doing so. • 6.9 The Contractor shall be fully responsible for all acts and omissions of his subcontractors and of persons and organizations directly or indirectly employed by them and of persons and organizations for whose acts any of them may be liable to the same extent that he is responsible for the acts and omissions of persons directly • employed by him. Nothing in the Contract Documents shall create any contractual relationship between the Owner or Engineer and any subcontractor or other person or organization having a direct contract with the Contractor, nor shall it create any obligation on the part of the Owner or the Engineer to pay or to see to the payment of any monies due any subcontractor or other person or organization, except as may otherwise be required by law. The Owner or Engineer may furnish to any • subcontractor or other person or organization, to the extent practicable, evidence of amounts paid to the Contractor on account of specific work done in accordance with the schedule of values. 6.10 The divisions and sections of the Specifications and the identifications of any • Drawings shall not control the Contractor in dividing the Work among subcontractors, or delineating the Work to be performed by any specific trade. 6.11 The Contractor agrees to bind specifically every subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of the • GC -13 0 • Owner. • 6.12 All work performed for the Contractor by a subcontractor shall be pursuant to an appropriate agreement between the Contractor and the subcontractor which shall contain provisions that waive all rights the contracting parties may have against one another for damages caused by fire or other perils covered by insurance provided in accordance with Article 5. The Contractor shall pay each subcontractor a just • share of any insurance monies received by the Contractor under Article 5. Patent Fees and Royalties: 6.13 The Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work of any invention, design, process, • product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of the Owner or Engineer its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such • rights shall be disclosed by the Owner in the Contract Documents. The Contractor shall indemnify and hold harmless the Owner and Engineer and anyone directly or indirectly employed by either of them from and against all claims, damages, losses and expenses (including attorneys' fees) arising out of any infringement of patent rights or copyrights incident to the use in the performance of Work of any invention, • design, process, product or device not specified in the Contract Documents, and shall defend all such claims in connection with any alleged infringement of such rights. Permits: 6.14 The Contractor shall obtain and pay for all construction permits and licenses and shall pay all governmental charges and inspection fees necessary for the prosecution o the Work, which are applicable at the time of his Bid. The Owner shall assist the Contractor, when necessary, in obtaining such permits and licenses. The Contractor shall also pay all public utility charges. • Laws and Regulations: 6.15 The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations applicable to the Work. If the Contractor observes that the Specifications or Drawings are at variance therewith, he shall give the Engineer • prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate modification. If the Contractor performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Engineer, he shall bear all costs arising therefrom; however, it shall not be his primary responsibility to make certain that the Specifications and Drawings are in • GC -14 17, accordance with such laws, ordinances, rules and regulations. • Taxes: 6.16 The Contractor shall pay all sales, consumer, use and other similar taxes required to be paid by him in accordance with the law of the place where the Work is to be performed. • 6.17 The Contractor shall confine his equipment, the storage of materials and equipment and the operations of his workmen to areas permitted by law, ordinances, permits or the requirements of the Contract Documents, and shall not unreasonably encumber the premises with materials or equipment. • 6.18 The Contractor shall not load nor permit any part of any structure to be loaded with weights that will endanger the structure, nor shall he subject any part of the Work to stresses or pressures that will endanger it. 6.19 The Contractor shall keep one record copy of all Specifications, Drawings, • Addenda, Modifications, and Shop Drawings at the site in good order and annotated to show all changes made during the construction process. These shall be available to the Engineer and shall be delivered to him for the Owner upon completion of the Project. • 6.19.1 The Contractor shall comply with the further provisions in respect of record drawings specified in the Supplementary Conditions. 6.20 The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. He shall take all • necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or less to: 6.20.1 All employees on the Work and other persons that may be affected thereby. • 6.20.2 All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the site. 6.20.3 Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, • relocation or replacement in the course of construction. 6.20.4 The Contractor shall comply with all applicable laws, ordinances, rules, regulations, and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. He shall erect and maintain, as required by the conditions and progress of the Work, all necessary • GC -15 • safeguards or its safety and protection. He shall notify owners of adjacent utilities when prosecution of the Work may affect them. All damage, injury or loss to any • property referred to in paragraph 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part by the Contractor, any Subcontractor or anyone directly or indirectly employed by any of them for whose acts any of them may be liable, shall be remedied by the Contractor except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of the Owner or Engineer or • anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault of negligence of Contractor. The Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and the Engineer has issued a notice to the Owner and the Contractor in • accordance with paragraph 14.13 that Work is acceptable. • 6.21 The Contractor shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated in writing by the Contractor to the Owner. Emergencies: 6.22 In emergencies affecting the safety of persons or the Work or property at the site or adjacent thereto, the Contractor, without special instruction or authorization from the Engineer or the Owner, is obligated to act, at his discretion, to prevent threatened damage, injury or loss. He shall give the Engineer prompt written notice of any significant changes in the Work or deviations from the Contract Documents caused thereby, and a Change Order shall thereupon be issued covering the changes and deviations involved. • Shop Drawings and Samples: 6.23 After checking and verifying all field measurements, the Contractor shall submit to the Engineer for approval, in accordance with the accepted schedule of Shop Drawings submissions (see paragraph 2.8) five (5) copies of all Shop Drawings, which shall have been checked by and stamped with the approval of the Contractor and identified as the Engineer may require. The data shown on the Shop Drawings will be complete with respect to dimensions, design criteria, materials of constructions and the like to enable the Engineer to review the information as required. 6.24 The Contractor shall also submit to the Engineer for approval with such promptness as to cause no delay in the Work, all samples required by the Contract Documents. All samples will have been checked by and stamped with the approval of the Contractor, identified clearly as to materials, manufacturer, any pertinent GC -16 • catalog numbers and the use for which intended. 6.25 At the time of each submission, the Contractor shall in writing, call the Engineer's attention to any deviations that the Shop Drawings or sample may have from the requirements of the Contract Documents. 6.26 The Engineer will review and approve with reasonable promptness Shop • Drawings and samples, but his review and approval shall be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents. The approval of a separate item as such will not indicated approval of the assembly in which the item functions. The Contractor shall make any corrections required by the Engineer and shall return the required number of corrected copies of Shop Drawings and resubmit new samples until approved. The 0 Contractor shall direct specific attention in writing or on resubmitted Shop Drawings to revisions other than the corrections called for by the Engineer on previous submissions. The Contractor's stamp of approval on any Shop Drawing or sample shall constitute a representation to the Owner and the Engineer that the Contractor has either determined and verified all quantities, dimensions, field construction and • criteria, materials, catalog, numbers, and similar data or he assumes full responsibility for doing so and that he has reviewed or coordinated each Shop Drawing with the requirements of the Work and the Contract Documents. 6.27 Where a Shop Drawing or sample submission is required by the Specifications, no related Work shall be commenced until the submission has been approved by the Engineer. A copy of each approved Shop Drawing and each approved sample shall be kept in good order by the Contractor at the site and shall be available to the Engineer. • 6.28 The Engineer's approval of Shop Drawings or samples shall not relieve the Contractor from his responsibility for any deviations from the requirements of the Contract Documents unless the Contractor has in writing called the Engineer's attention to such deviation at the time of submission and the Engineer has given written approval to the specific deviation, nor shall approval by the Engineer relieve the Contractor from responsibility for errors or omissions in the Shop Drawings. Cleaning: 6.29 The Contractor shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work, and at the completion • of the Work he shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, construction equipment and machinery, and surplus materials, and shall leave the site clean and ready for occupancy by the Owner. The Contractor shall restore to their original condition those portions of the site not designated for alteration by the Contract Document. The Contractor shall comply • GC -17 0 • • with the further provisions in respect of cleaning specified in the Supplementary Conditions. Indemnification: 630 The Contractor shall indemnify and hold harmless the Owner and the Engineer and their agents and employees from and against all claims, damages, losses • and expenses, including attorney's fees arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom and (b) is caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. 6.31 In any and all claims against the Owner or Engineer or any of their agents or employees of the Contractor, any Subcontractor, anyone directly or indirectly • employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.30 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workmen's compensation acts, disability benefit acts or other employee benefit acts. • 6.32 The obligations of the Contractor under paragraph 6.30 shall not extend to the liability of the Engineer, his agents or employees arising out of (a) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications or (b) the giving of or the failure to give directions or instructions by the Engineer, his agents or employees provided such giving or failure to give is the primary cause of injury or damage. ARTICLE 7 - WORK BY OTHERS • 7.1 Owner may perform additional work related to the Project by himself, or he may let other direct contracts therefore which shall contain General Conditions similar to these. Contractor shall afford the other contractors who are parties to such direct contracts (or Owner, if he is performing the additional work himself), reasonable opportunity for the introduction and storage of materials and equipment • and the execution of Work, and shall properly connect and coordinate his Work with theirs. 7.2 If any part of Contractor's work depends for proper execution or results upon the work of any such other contractor (or Owner), Contractor shall inspect and promptly report to Engineer in writing any defects or deficiencies in such work that GC -18 • render it unsuitable for such proper execution and results. His failure to so report shall constitute an acceptance of the other work as fit and proper for the relationship • of his Work except as to defects and deficiencies which may appear in the other work after the execution of his Work. 7.3 Contractor shall do all cutting, fitting and patching of his Work that may be required to make its several parts come together properly and it to receive or be • received by such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of Engineer and of the other contractors whose work will be affected. 7.4 If the performance of additional work by other contractors or Owner's is not noted in the Contract Documents prior to the execution of the Contract, written notice thereof shall be given to Contractor prior to starting any such additional work. If Contractor believes that the performance of such additional work by Owner or others involves him in additional expense or entitles him to an extension of the Contract Time, he may make a claim therefore as provided in Article 11 and 12. • ARTICLE 8 - OWNER'S RESPONSIBIIITIFS • 8.1 In general, the Owner shall issue all communications to Contractor through Engineer. 8.2 In case of termination of the employment of Engineer, Owner shall appoint an engineer against whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. • 8.3 Owner shall furnish the data required of him under the Contract promptly and shall make payments to Contractor promptly after they are due as provided in paragraphs 14.4 and 14.13. 8.4 Owner's duties in respect of providing lands and easement and providing • engineering surveys to establish reference points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to Owner's identifying and making available to Contractor copies of surveys and investigation reports of subsurface and latent physical conditions at the site or otherwise affecting performance of the Work which have been relied upon by Engineer in preparing the Drawings and Specifications. • 8.5 In addition to his rights to request changes in the Work in accordance with Article 10, Owner (especially in certain instances as provided in paragraph 10.4) shall be obligated to execute Change Orders. 8.6 Owner's responsibility in respect of certain inspections, tests and approvals is • GC -19 • • set forth in paragraph 13.2 • 8.7 In connection with Owner's right to stop Work or suspend Work, see paragraphs 13.8 and 15.1. Paragraph 15.2 deals with Owner's right to terminate services of Contractor under certain circumstances. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION • Owner's Representative: 9.1 The Engineer will be the Owner's Representative during the construction .. period. The duties and responsibilities and the limitations of authority of the 41 Engineer as Owner's representative during construction are set forth in Articles 1 through 18 of these General Conditions and shall not be extended without written consent of the Owner and Engineer. Visits to Site: 9.2 The Engineer will make periodic visits to the site to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. He will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. His efforts will be directed toward providing assurance for the Owner that the • completed Project will conform to the requirements of the Contract Documents. On the basis of his on-site observations as an experienced and qualified design professional he will keep the Owner informed of the progress of the Work and will endeavor to guard the Owner against defects and deficiencies in the Work of contractors. • Clarifications and Interpretations: 9.3 The Engineer will issue with reasonable promptness such written clarifications or interpretations of the Contract Documents (in the form of Drawings or otherwise) • as he may determine necessary, which shall be consistent with or reasonably from the overall intent of the Contract Documents. If the Contractor believes that a written clarification and interpretation entitles him to an increase in the Contract Price, he may make a claim therefor as provided in Article 11. • Rejecting Defective Work: 9.4 Engineer will have the authority to disapprove or reject Work which is "defective" (which term is hereinafter used to describe Work that is unsatisfactory, faulty or defective, or does not conform to the requirements of the Contract Documents or does not meet the requirements of any inspection, test or approval • GC -20 0 referred to in paragraph 13.2 or has been damage prior to approval of final payment). He will also have authority to require special inspection or testing of the • Work as provided in paragraph 13.7 whether or not the Work is fabricated, installed or completed. Shop Drawings, Change Order and Payments: 9.5 In connection with the Engineer's responsibility for Shop Drawings and samples, see paragraphs 6.23 and 6.28 inclusive. 9.6 In connection with the Engineer's responsibility for Change Orders, see Articles 10, 11, and 12. • 9.7 In connection with the Engineer's responsibilities in respect to Applications for Payment, etc., see Article 14. Resident Project Representatives: 9.8 If the Owner and Engineer agree, the Engineer will furnish a Resident Project Representative and assistants to assist Engineer in carrying out his responsibilities at the site. The Resident Project Representative shall be authorized to inspect all work done and • materials furnished. Such inspection may extend to all parts of the Work, and to the preparation or manufacture of the materials to be used. In case of any dispute arising between the Contractor and Resident Project Representative, as to materials furnished or the manner of performing the Work, the Resident Project Representative shall have the authority to reject material or suspend the Work until • the questions at issue can be referred to and decided by the Engineer. The Resident Project Representative shall not be authorized to revoke, alter, enlarge, relax or release any requirements of these Specifications nor to approve or accept any portion of the Work, nor to issue instructions contrary to the Plans and Specifications. The Resident Project Representative shall in no case act as foremen or perform other • duties for the Contractor, or interfere with the management of the Work by the latter. Any advice which the Resident Project Representative may give the Contractor shall in no way be construed as binding the Engineer nor the Owner in any way nor releasing the Contractor from the fulfillment of the terms of the Contract Documents. • Decisions on Disagreements: 9.9 The Engineer will be the interpreter of the requirements of the Contract Documents and the judge of the performance thereunder. In his capacity as • interpreter and judge, he will exercise his best efforts to insure faithful performance GC -21 0 U by both the Owner and Contractor. He will not show partiality to either and will not be liable for the result of any interpretation or decision rendered in good faith. Claims, disputes and other matters relating to the execution and progress of the Work or the interpretation of or performance under the Contract Documents shall be referred to the Engineer for decision which he will render in writing within a reasonable time. 0 Limitations on Engineer's Responsibilities: 9.10 Neither the Engineer's authority to act under this Article 9 or elsewhere in the Contract in the Contract Documents nor any decision made by him in good faith either to exercise or not exercise such authority shall give rise to any duty, or responsibility of the Engineer to the Contractor, any subcontractor, any materialman, fabricator, supplier or any of their agents or employees or any other person performing any of the Work. 9.11 The Engineer will not be responsible for the Contractor's means, methods, techniques, sequences or procedures of construction, or the safety precautions and 40 programs incident thereto, and he will not be responsible for the Contractor's failure to perform the Work in accordance with the Contract Documents. 9.12 The Engineer will not be responsible for the acts of omissions of the Contractor, or any subcontractors, or any of his or their agents or employees, or any • other persons at the site or otherwise performing any of the Work. ARTICLE 10 - CHANGES IN THE WORK 10.1 Without invalidating the Agreement, Owner may, at any time or from time to time, order additions, deletions or revisions in the Work; these will be authorized by Change Orders. Upon receipt of a Change Order, Contractor shall proceed with the Work involved. All such Work shall be executed under the applicable conditions of the Contract Documents. If any Change Order causes an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, an equitable adjustment will be made as provided in Article 11 or Article 12 on the basis of a claim made by either party. 10.2 Engineer may authorize minor changes or alterations in the Work not involving extra cost and not inconsistent with the overall intent of the Contract Documents. 40 These may be accomplished by a Field Order. If Contractor believes that any minor change or alteration authorized by Engineer entitles him to an increase in the Contract Price, he may make a claim therefore as provided in Article 11. 10.3 Additional work performed by Contractor without authorization of a Change Order will not entitle him to an increase in the Contract Price or an extension of the • GC -22 0 • Contract Time, except in the case of an emergency as provided in paragraph 6.22 and except as provided in paragraph 10.2 • 10.4 Owner shall execute appropriate Change Orders prepared by Engineer covering changes in the Work to be performed as provided in paragraph 4.3 and Work performed in an emergency as provided in paragraph 6.22 and any other claim of Contractor for a change in the Contract Time or the Contract Price which is • approved by Engineer. 10.5 It is Contractor's responsibility to notify his Surety of any changes affecting he general Scope of the Work or change in the Contract Price and the amount of the applicable bonds shall be adjusted accordingly. Contractor shall furnish proof of such • adjustment to Owner. ARTICLE 11 - CHANGE OF CONTRACT PRICE 11.1 The Contract Price constitutes the total compensation payable to Contractor for performing the Work. All duties, responsibilities and obligations assigned to or • undertaken by Contractor shall be at his expense without change in the Contract Price. 11.2 The Contract Price may only be changed by a Change Order. Any claim for an increase in the Contract Price shall be based on written notice delivered to Owner • and Engineer within fifteen days of the occurrence of the event giving rise to the claim. Notice of the amount of the claim with supporting data shall be delivered within forty-five days of such occurrence unless Engineer allows an additional period of time to ascertain accurate cost data. All claims for adjustment in the Contract Price shall be determined by Engineer if Owner and Contractor cannot otherwise • agree on the amount involved. Any change in the Contract Price resulting from any such claim shall be incorporated in a Change Order. 11.3 The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the • following ways: 11.3.1 Where the Work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities of the items involved. • 11.3.2 By mutual acceptance of a lump sum, with a breakdown showing negotiated unit prices, labor rates, etc. 11.3.3 On the basis of the Cost of the Work (determined as provided in paragraph 11.4 and 11.5) plus a Contractor's Fee for overhead and profit (determined as provided in paragraph 11.6). • GC -23 0 U 11.4 The term Cost of the Work means the sum of all costs necessarily incurred and paid by the Contractor in the proper performance of the Work. Except as • otherwise may be agreed to in writing by Owner, such cost shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5. 11.4.1 Payroll costs for employees in the direct employ of Contractor in the • performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and • payroll taxes, workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing work after regular working hours, on Sunday or legal holidays shall be included in the above to the extent authorized by Owner. 11.4.2 Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof and manufacturers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and • refunds, and all returns from sale of surplus materials and equipment shall accrue to Owner; and Contractor shall make provisions so that they may be obtained. 11.4.3 Payments made by Contractor to the subcontractors for work performed by subcontractors. If required by Owner, Contractor shall obtain competitive bids from • subcontractors acceptable to him and shall deliver such bids to Owner who will then determine with the advice of Engineer, which bids will be accepted. If a subcontract provides that the subcontractor is to be paid on the basis of Cost of the Work Plus a Fee, the Cost of the Work shall be determined in accordance with paragraphs 11.4 and 11.5. All subcontracts shall be subject to the other provisions of the Contract • Documents insofar as applicable. 11.4.4 Costs of special consultants (including, but not limited to, engineers, architects, testing laboratories, surveyors, lawyers and accountants) employed for services specifically related to the Work. • 11.4.5 Supplemental cost including the following: 11.4.5.1 The proportion of necessary transportation, traveling and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. • GC -24 0 • 11.4.5.2 Cost, including transportation and maintenance of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand • tools not owned by the workmen, which are consumed in the performance of the Work and cost less market value of such items used but not consumed which remain the property of Contractor. 11.4.53 Rentals of all construction equipment and machinery and the parts thereof • whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the cost of transportation, loading, unloading, installation, dismantling and removal thereof - all in accordance with terms of said rental agreement. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. • 11.4.5.4 Sales, use or similar taxes related to the Work, and for which Contractor is liable, imposed by any governmental authority. 11.4.5.5 Deposits lost for causes other than Contractor's negligence, royalty payments and fees for permits and licenses. • 11.4.5.6 Losses, damages and expenses, not compensated by insurance or otherwise, sustained by Contractor in connection with the execution of, and to, the Work, provided they have resulted from causes other than the negligence of Contractor, and subcontractor, or anyone directly or indirectly employed by any of them or for whose • acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages and expenses shall be included in the cost of the Work for the purpose of determining Contractor's Fee. If, however, any such loss or damage requires reconstruction and Contractor is placed in charge thereof, he shall be paid for his services a fee proportionate to that stated • in paragraph 11.6.2. 11.4.5.7 The cost of utilities, fuel and sanitary facilities at the site. 11.4.5.8 Minor expenses such as telegrams, long distance telephone calls, telephone • service at the site, express packages and similar petty cash items in connection with the Work. 11.5 The term Cost of the Work shall not include any of the following: 11.5.1 Payroll costs and other compensation of the Contractor's officer, executives, • principals (of partnership and sole proprietorships), general mangers, engineers, architects, estimators, lawyers, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by the Contractor whether at the site or in his principal or a branch office for general administration of the Work and not specifically included in the schedule referred to • GC -25 0 L • in subparagraph 11.4.4 - all of which are to be considered administrative costs covered by the Contractor's Fee. 11.5.2 Expenses of the Contractor's principal and branch offices other than his office at the site. 11.53 Any part of the Contractor's capital expenses, including interest on the 0 Contractor's capital employed for the Work and charges against the Contractor for delinquent payments. 115.4 Cost of premiums for all bonds and for all insurance policies whether or not the Contractor is required by the Contract Documents to purchase and maintain the 0 same. 11.5.5 Costs due to the negligence of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective work, disposal of materials or equipment wrongly supplied and making good any damage to property. i • L 11.5.6 Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. Contractor's Fee: 11.6 The Contractor's Fee which shall be allowed to the Contractor for his overhead and profit shall be determined as follows: 11.6.1 A mutually acceptable fixed fee or if none can be agreed upon: 11.6.2 A fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1 For costs incurred under paragraphs 11.4.1 and 11.4.2 the Contractor's Fee 41 shall be fifteen (15%) percent. However, the fifteen (15%) percent shall not be applied to unemployment insurance, FICA, Workman's Compensation, Personnel Liability and Property Damage Insurance. 11.6.2.2 For costs incurred under paragraph 11.4.3 the Contractor's Fee shall be five percent; and if a subcontract is on the basis of Cost of the Work Plus a Fee, the maximum allowable to the Subcontractor as a fee for overhead and profit shall be ten percent, and 11.6.2.3 No fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5, and 11.5. GC -26 0 LI 11.7 The amount of credit to be allowed by the Contractor to Owner for any such change which results in a net decrease in cost, will be the amount of the actual net • decrease. When both additions and credits are involved in any one change, the combined overhead and profit shall be figured on the basis of the net increase, if any. 11.8 Whenever the cost of any. Work is to be determined pursuant to paragraphs 11.4 and 11.5, the Contractor will submit in form prescribed by Engineer an itemized cost breakdown together with supporting data. Cash Allowances: 11.9 It is understood that the Contractor has included in the Contract Price all 0 allowances so named in the Contract Documents and shall cause the Work so covered to be done by such materialmen, suppliers or Subcontractors and for such sums within the limits of the allowances as Engineer may approve. Upon final payment, the Contract Price shall be adjusted as required and an appropriate Change Order issued. The Contractor agrees that the original Contract Price includes such 0 sums as he deems proper for costs and profit on account of cash allowances. No demand for additional costs or profit in connection therewith will be allowed. ARTICLE 12 - CHANGE OF THE CONTRACT TEME 12.1 The Contract Time may only be changed by a Change Order. Any claim for 0 an extension in the Contract Time shall be based on written notice delivered to the Owner and the Engineer within fifteen days of the occurrence of the event giving rise to the claim. Notice of the extent of the claim with supporting data shall be delivered within forty-five days of such occurrence unless the Engineer allows an additional period of time to ascertain more accurate data. All claims for adjustment • in the Contract Time shall be determined by the Engineer if the Owner and Contractor cannot otherwise agree. Any change in the Contract Time resulting from any such claim shall be incorporated in a Change Order. 12.2 The Contract Time will be extended in an amount equal to time lost due to delays beyond the control of the Contractor if he makes a claim therefore as provided in paragraph 12.1. Such delays shall include, but not be restricted to, acts or neglect by any separate contractor employed by the Owner, fires, floods, labor disputes, epidemics, abnormal weather conditions, or acts of God. 12.3 All time limits stated in the Contract Documents are of the essence of the Agreement. The provisions of this Article 12 shall not exclude any recovery for damages (including compensation for additional professional services) for delay by either party. • GC -27 0 • ARTICLE 13 - WARRANTY AND GUARANTEE: TESTS AND INSPECTIONS: CORRECTION REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK Warranty and Guarantee: 13.1 The Contractor warrants and guarantees to the Owner and Engineer that all • materials and equipment will be new unless otherwise specified and that all work will be of good quality and free from faults or defects and in accordance with the requirements of the Contract Documents and of any inspections, test or approvals referred to in paragraph 13.2. All unsatisfactory work, all faulty or defective work, and all work not conforming to the requirements of the Contract Documents, at the • time of acceptance thereof or of such inspections, tests or approvals, shall be considered defective. Prompt notice of all defects shall be given to the contractor. All defective Work, whether or not in place, may be rejected, corrected or accepted as provided in Article 13. • Tests and Inspections: 13.2 If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any work to specifically be inspected, tested, or approved by some public body, the Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish the • Engineer the required certificates of inspection, testing or approval. All other inspections, tests and approvals required by the Contract Documents shall be performed by organizations acceptable to the Owner and Contractor and the costs thereof shall be borne by the Owner unless otherwise specified. • 13.3 The Contractor shall give the Engineer timely notice of readiness of the Work for all inspections, tests or approvals. If any such work required so to be inspected, tested or approved is covered without written approval of the Engineer, it must, if requested by the Engineer, be uncovered for timely observation, and such uncovering has given the Engineer timely notice of his intention to cover such work and • Engineer has not acted with reasonable promptness in response to such notice. 13.4 Neither observations by the Engineer nor inspections, tests or approvals by persons other than the Contractor shall relieve the Contractor from his obligations to perform the Work in accordance with the requirements of the Contract • Documents. Access to Work: 13.5 The Engineer and his representatives and other representatives of the Owner including State and Federal Personnel will at reasonable times have access to the • GC -28 0 • • Work. Contractor shall provide proper and safe facilities for such access and observation of the Work and also for any inspection of testing thereof by others. Uncovering Work: 13.6 If any work is covered contrary to the written request of the Engineer, it must, if requested by Engineer, be uncovered for his observation and replaced at • Contractor's expense. 13.7 If any work has been covered which the Engineer has not specifically requested to observe prior to its being covered, or if the Engineer considers it necessary or advisable that covered work be inspected or tested by others, the Contractor, at the Engineer's request, shall uncover, expose or otherwise make available for observation, inspection or testing as the Engineer may require, that portion of the Work in questions, furnishing all necessary labor, materials and equipment. If it is found that such work is defective, the Contractor shall bear all the expenses of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, including compensation for additional professional • services, and an appropriate deductive Change Order shall be issued. If, however, such work is not found to be defective, the Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction if he makes a claim therefore as provided in Articles 11 and 12. • Owner May Stop the Work: 13.8 If the Work is defective, or the Contractor fails to supply sufficient skilled workman or suitable materials or equipment, or if the Contractor fails to make prompt payments to subcontractors or for labor, materials or equipment, the Owner may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of the Owner to stop the Work shall not give rise to any duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other party. • Correction or Removal of Defective Work: 13.9 If required by the Engineer prior to approval of final payment, the Contractor shall promptly, without cost to the Owner and as specified by the Engineer, either correct any defective work, whether or not fabricated, installed or completed, or if the Work has been rejected by the Engineer, remove it from the site and replace it with non -defective Work. If the Contractor does not correct such defective Work or remove and replace such rejected Work within a reasonable time, all as specified in a written notice from the Engineer, the Owner may have the deficiency corrected or the rejected Work removed and replaced. All direct or indirect costs of such • GC -29 0 correction or removal and replacement, including compensation for additional professional services, shall be paid by the Contractor and an appropriate deductive • Change Order shall be issued. The Contractor shall also bear the expenses of making good all Work of other destroyed or damaged by his correction, removal or replacement of his defective work. One Year Correction Period: • 13.10 If, after the approval of final payment and prior to the expiration of two years after the date of approval of final payment or such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents, any Work is found to be defective, the Contractor shall promptly, without cost to the Owner, and in accordance with Owner's written instructions, either correct such defective work, or, if it has been rejected by the Owner, remove it from the site and replace it with nondefective work. If the Contractor does not promptly comply with the terms of such instructions, the Owner may have the defective Work corrected or the rejected Work removed and replaced, • and all directed and indirect costs, of such removal and replacement, including compensation for additional professional services shall be paid by the Contractor. Acceptance of Defective Work: 13.11 If, instead of requiring correction or removal and replacement of defective • Work, the Owner (and, prior to approval of final payment, also Engineer) prefers to accept it, he may do so,. In such case, if acceptance occurs prior to approval of final payment, a Change Order shall be issued incorporating the necessary revisions in the Contract Documents, including appropriate reduction in the Contract Price; or, if the acceptance occurs after approval of final payment, an appropriate amount shall be • paid by the Contractor to the Owner. Neglected Work by the Contractor: 13.12 If the Contractor should fail to prosecute the Work in accordance with the • Contract Documents, including any requirements of the progress schedule, the Owner, after seven days written notice to the Contractor may, without prejudice to any other remedy he may have, make good such deficiencies and the cost thereof (including compensation for additional professional services) shall be charged against the Contractor if the Engineer approves such action, in which case a Change Order • shall be issued incorporating the necessary revisions in the Contract Documents including an appropriate reduction in the Contract Price. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner. • GC -30 0 • ARTICLE 14 - PAYMENTS AND COMPLETION • Schedules: 14.1 At least ten days prior to submitting the first Application for a progress payment, Contractor shall submit a progress schedule, a final schedule of Shop Drawing submission and a schedule of values of the Work. These schedules shall be satisfactory in form and substance to Engineer. The schedule of values shall include quantities and unit prices aggregating the contract Price, and shall subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Upon approval of the schedules of values by Engineer, it shall be incorporated into the form of Application for Payment furnished by Engineer. Application for Progress Payment: 14.2 At least ten days before each progress payment falls due (but not more often than once a month), Contractor shall submit to Engineer for review an Application • for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such data and schedules as Engineer may reasonably require. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be • accompanied by such data, satisfactory to Owner, as will establish Owner's title to the material and equipment and protect his interest therein, including applicable insurance. Each subsequent Application for Payment shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied to discharge in full all of Contractor's obligations reflected 0 in prior Applications for Payment. The application for payment shall be presented to the Owner by the Engineer and shall indicate the value of the Work in accordance with the Contract. As soon as practicable thereafter, the Owner will pay the Contractor an amount equal to ninety - 40 five (95%) percent of the value of such work, materials and equipment indicated on the periodical estimate, less the amount of all previous payments. The five (5%) percent shall be deducted from each and every estimate made under the entire Contract, and shall be retained until final completion of all Work covered by the Contract and upon final acceptance and certification by the Engineer. 0 Contractor's Warranty of Title: 14.3 Contractor warrants and guarantees that title to all work, materials and equipment covered by any Application for Payment, whether incorporated in the Project of not, will pass to Owner at the time of payment free and clear of all liens, • GC -31 0 • • claims, security interests and encumbrances (hereafter in these General Conditions referred to as "Liens"). Approval of Payments: 14.4 Engineer will, within ten days after receipt of each Application for Payment, either indicate in writing his approval of payment and present the Application to • Owner, or return the Application to Contractor indicating in writing his reasons for refusing to approve payment. In the latter cases, Contractor may make the necessary corrections and resubmit the Application. Owner shall, within ten days of presentation to him of an approved Application for Payment, pay Contractor the amount approved by Engineer. • 14.5 Engineer's approval of any payment requested in an Application for Payment will constitute a representation by him to Owner, based on Engineer's on-site observations of the Work in progress as an experienced and qualified design professional and on his review of the Application for Payment and the accompanying data and schedules that the Work has progressed to the point indicated; that, to the • best of his knowledge, information and belief, the quantity of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning Project upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents and any qualifications stated in his approval); and that Contractor is entitled to payment of the amount approved. • However, by approving any such payment, Engineer will not thereby be deemed to have represented that he made exhaustive or continuous on-site inspections to check the quality or the quantity of the Work, or that he has reviewed the means, methods, techniques, sequences, and procedures of construction, or that he has made any examination to ascertain how or for what purpose Contractor has used the monies • paid or to be paid to him on account of the Contract Price, or that title to any Work, materials or equipment has passed to Owner free and clear of any Liens. 14.6 Engineer's approval of final payment will constitute an additional representation by him to Owner that the conditions precedent to Contractor's being • entitled to final payment as set forth in paragraph 14.13 have been fulfilled. 14.7 Engineer may refuse to approve the whole or any part of any payment if, in his opinion, it would be incorrect to make such representations to Owner. He may also resume to approve any such payment, or because of subsequently discovered • evidence of the results of subsequent inspections or tests, nullify any such payment previously approved, to such extent as may be necessary in his opinion to protect Owner from loss because: 14.7.1 The Work is defective, or completed work has been damaged requiring correction or replacement. • GC -32 0 • 14.7.2 Claims or Liens have been filed or there is reasonable cause to believe such may be filed. • 14.7.3 The Contract Price has been reduced because of modifications. C 14.7.4 Owner has been required to correct defective work or complete the Work in accordance with paragraph 13.11 or 14.7.5 Of unsatisfactory prosecution of the Work, including failure to furnish acceptable submittals or to clean up. Substantial Completion: • 14.8 Prior to final payment, Contractor may, in writing to the Owner and Engineer, certify that the entire Project is substantially complete and request that Engineer issue a certificate of Substantial Completion_ within a reasonable time thereafter. The Owner, Contractor and Engineer shall make an inspection of the Project to • determine the status of completion. If Engineer does not consider the Project substantially complete, he will prepare and deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion and the responsibilities between Owner and Contractor for maintenance, heat and utilities. There shall be attached to the certificate, a tentative list of items to be completed • or corrected before final payment, and the certificate shall fix the time within which such items shall be completed or corrected, said time to be within the Contract Time. Owner shall have seven days after receipt of the tentative certificate during which he may make written objection to the Engineer as to any provisions of the certificate or attached list. If, after considering such objections, the Engineer concludes that the Project is not substantially complete, he will within fourteen days after submission of • the tentative certificate to Owner, notify Contractor in writing stating his reasons therefore. If, after, consideration of Owner's objections, the Engineer considers the Project substantially complete, he will within said fourteen days execute and deliver to Owner and Contractor a definitive certificate or Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes • from the tentative certificate as he believes justified after consideration of any objections from Owner. 14.9 The Owner shall have the right to exclude the Contractor from the Project after the date of Substantial Completion, but the Owner shall allow the Contractor • reasonable access to complete or correct items on the tentative list. Partial Utilization: 14.10 If at any time prior to the issuance of the Certificate of Substantial Completion, any portion of the permanent construction has been satisfactorily GC -33 0 completed, and if the Engineer determines that such portion of the permanent construction is not required for the operations of the Contractor but is needed by the • Owner, the Engineer shall issue to the Contractor a Certificate of partial completion, and thereupon or at any time thereafter the Owner may take over and use the portion of the permanent construction described in such certificate, and may exclude the Contractor therefrom. 0 The issuance of a certificate of partial completion shall not be construed to constitute an extension of the Contractor's time to complete the portion of the permanent construction to which it relates if he has failed to complete it in accordance with the terms of the Contract. The issuance of such a certificate shall not operate to release the Contractor or his Sureties from any obligations under this Contract or the 0 Performance Bond. The Contractor's guarantee on that part of the Work placed into use shall begin on the date such use by the Owner shall begin and the Contractor shall be entitled to a return of so much of the retained percentages as have been withheld by the Owner, in accordance with the Contract Documents. Final Inspection: 14.11 Upon written notice from the Contractor that the Project is complete, the Engineer will make a final inspection with the Owner and Contractor and will notify the Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective, the Contractor shall immediately take such measures as are necessary to remedy such deficiencies. Final Application for Payment: • 14.12 After the Contractor has completed all such corrections to the satisfaction of the Engineer and delivered all maintenance and operating instructions, schedules, guarantees, Bonds, certificates of inspection and other documents - all as required by the Contract Documents, he may make application for final payment following the 19 procedure for progress payments. The final Application for Payment shall be accompanied by such data and schedules as Engineer may reasonably require, together with complete and legally effective releases or waivers (satisfactory to the Owner) of all Liens arising out of the Contract Documents and the labor and services performed and the materials and equipment furnished thereunder. In lieu thereof 0 and as approved by the Owner, the Contractor may furnish receipts of releases in full; an affidavit of the contractor that the releases and receipts include all labor, services, material and equipment for which a lien could be filed, and that all payrolls, material and equipment bills, and other indebtedness connected with the Work for which the Owner or his property might in any way be responsible, have been paid or 0 otherwise satisfied; and consent of the Surety, if any, to final payment. If any GC -34 0 • Subcontractor, materialman, fabricator or supplier fails to furnish a release or receipt in full, the Contractor may furnish a Bond or other collateral satisfactory to the • Owner to indemnify him against any Lien. Approval of Final Payment: 14.13 Ii; on the basis of his observation and review of the Work during construction, • his final inspection and his review of the final Application for Payment - all as required by the Contract Document, the Engineer is satisfied that the Work has been completed and the Contractor has fulfilled all of his obligations under the Contract Documents, he will, within ten days after receipt of the final Application for Payment, indicate in writing his approval of payment and present the Application to 0 the Owner for payment. Thereupon the Engineer will give written notice to the Owner and Contractor that the Work is acceptable subject to the provisions of paragraph 14.16. Otherwise, he will return the Application to the Contractor, indicating in writing his reasons for refusing to approve final payment, in which case the Contractor shall make the necessary corrections and resubmit the Application. The Owner shall, within ten (10) days of presentation to him of any approved final • Application for Payment pay Contractor the amount approved by the Engineer. 14.14 If after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor, and the Engineer so confirms, the Owner shall, upon certification by the Engineer, and without terminating the • Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5. 1, the written consent of the Surety to the payment of the balance due for that portion of the Work fully completed and • accepted shall be submitted by the Contractor to the Engineer prior to certification of such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Contractor's Continuing Obligation: • 14.15 The Contractor's obligation to perform the Work and complete the Project in accordance with the Contract Documents shall be absolute. Neither approval of any progress or final payment by the Engineer, nor the issuance of a certificate of Substantial Completion, nor any payment by the Owner to the Contractor under the • Contract Documents, nor any use or occupancy of the Project or any part thereof by the Owner, nor any act of acceptance by the Owner nor any failure to do so, nor any correction of defective work by the Owner shall constitute an acceptance of Work not in accordance with the Contract Documents. • GC -35 0 Waiver of Claims: 0 14.16 The making and acceptance of final payment shall constitute: 14.16.1 A waiver of all claims by the Owner against the Contractor other than those arising from unsettled liens, from defective work appearing after final inspection pursuant to paragraph 14.11 or from failure to comply with the requirements of the Contract Documents or the terms of any special guarantees specified therein, and, 14.16.2 A waiver of all claims by the Contractor against the Owner other than those previously made in writing and still unsettled. 0 ARTICLE 15 - SUSPENSION OF WORK AND TERMIlVATION 15.1 The Owner may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to the Contractor and the Engineer which shall fix the date on which the Work shall be resumed. The Contractor will be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension if he makes a claim therefore as provided in Articles 11 and 12. Owner May Terminate: • 15.2 If the Contractor is adjudged bankrupt or insolvent, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for the Contractor or for any of his property, or if he files a petition to take advantage of any debtor's act, or to reorganize under the bankruptcy or similar laws or if he repeatedly fails to supply sufficient skilled workmen or suitable materials or 0 equipment, or if he repeatedly fails to make prompt payments to subcontractors for labor, materials or equipment or if he disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction, or if he disregards the authority of the Engineer, or if he otherwise violates any provision of the Contract Documents, then the Owner may without prejudice to any other right or remedy and after giving 0 the Contractor and his surety seven days' written notice, terminate the services of the Contractor and take possession of the Project and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and finish the Work by whatever method he may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the Work is finished. If the 0 unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Project, including compensation for additional professional services, such excess shall be paid to the Contractor. If such costs exceed such unpaid balance, the Contractor shall pay the difference to the Owner. Such costs incurred by the Owner shall be determined by the Engineer and incorporated in a Change Order. GC -36 0 15.3 Where the Contractor's services have not been so terminated by the Owner, said termination shall not affect any rights of the Owner against the Contractor then existing or which may thereafter accrue. Any retention or payment of monies by the Owner due the Contractor will not release the Contractor from liability. 15.4 Upon seven days' written notice to the Contractor and Engineer, the Owner may, without cause and without prejudice to any other right or remedy, elect to abandon the Project and terminate the Agreement. In such case, the Contractor shall be paid for all work executed and any expense sustained plus a reasonable profit. Contractor May Stop Work or Terminate: • 15.5 If through no act or fault of the Contractor, the Work is suspended for a period of more than ninety days by the Owner or under an order of court or other public authority, or Engineer fails to act on any Application for Payment within thirty days after it is submitted, or the Owner fails to pay the Contractor any sum approved by the Engineer within thirty days of its approval and presentation, then Contractor • may, upon seven days' written notice to Owner and Engineer, terminate the Agreement and recover from Owner payment for all work executed and any expense sustained plus a reasonable profit. In addition and in lieu of terminating the Agreement, if the engineer has failed to make any payment as aforesaid, the Contractor may upon seven days' notice to Owner and Engineer stop the Work until • he has been paid all amounts then due. ARTICLE 16 - MISCELLANEOUS Giving Notice: • 16.1 Whenever any provision of the Contract Documents requires the giving of written notice it shall be deemed to have been validly given if delivered in person to an officer of the corporation for which it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to • him who gave the notice. Computation of Time: 16.2 When any period of time is referred to in the Contract Documents by days, • it shall be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation. • 16.3 All specifications, Drawings and copies thereof furnished by the Engineer shall GC -37 C remain his property. They shall not be used on another Project, and, with the exception of those sets which have been signed in connection with the execution of the agreement, shall be returned to him on request upon completion of the Project. 16.4 The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon the Contractor by • paragraphs6.30, 13.1, 13.10 and 14.3 and the rights and remedies available to the Owner and Engineer thereunder, shall be in addition to, and shall not be construed in any way as a limitation of, any rights and remedies available to them which are otherwise imposed or available by law, by special guarantee or by other provisions of the Contract Documents. • 16.5 Should the Owner or Contractor suffer injury or damage to his person or property because of any error, omission or act of the other or of any of his employees or agents or other for whose acts he is legally liable, claim shall be made in writing to the other party within a reasonable time of the first observance of such • injury or damage. 16.6 The Contract Documents shall be governed by the law of the place of the project. • ARTICLE 17 - SUPPLEMENTARY CONDITIONS: Storage of Materials and Equipment: 17.1 All materials, construction equipment, and materials and equipment to be incorporated in the Work shall be placed so as not to injure any part of the Work • or existing facilities and so that free access can be had at all times to all parts of the Work and to all public utility installations in the vicinity of the Work. Materials and equipment shall be kept neatly piled and compactly stored in such locations as will cause a minimum of inconvenience. to the Owner, -to public travel and adjoining Owners, tenants and occupants. • 17.2 Use of Premises and Removal of Debris: 17.2.1 The Contractor shall confine his operations and those of his subcontractors to areas designated by the Owner. The Contractor shall maintain such areas in a • clean and orderly condition and remove therefrom all equipment, materials and debris when or as required or when ordered to do so. 17.2.2 The Contractor expressly undertakes at his own expense: • a. to take every precaution against injuries to persons or damages to GC -38 0 property; b. to comply with the regulations governing the operation of premises and to perform his Contract in such a manner as not to interrupt or interfere with the operation of any existing activity on the premises or at the location of the Work; C. to store his apparatus, materials, supplies and equipment in such orderly fashion at the site of the Work as will not unduly interfere with the progress of his work or the work of any other contractor; d. to place upon the Work or any part thereof only such loads as are • consistent with the safety of that portion of the work; e. to frequently clean up all refuse, rubbish, scrap materials, and debris caused by his operations, to the end that at all times the site of the work shall present a neat, orderly and workmanlike appearance; • f. before final payment, to remove from the site all public and private property, all surplus materials, false work, temporary structures, including foundations thereof; plants of any description and debris of every nature resulting from his operations and to put the site in a neat, orderly condition; and • g. shall leave his work 'broom -clean' or its equivalent, unless more exactly specified. 17.3 Where required by the Contract, and where or as directed by the Engineer, • the Contractor shall comply with the requirements of the aforementioned paragraphs. Should the Contractor fail to comply when or as directed by the Engineer, the Owner shall have the right to clean as required and all costs incurred in the performance of this work shall be deducted from the Contract amount in questions of dispute. • • • 40 Right to Use Work 17.4 The Owner may enter upon and use the whole or any portion of the Work which may be in condition to use at any time previous to its final acceptance by the Owner. Such use shall not constitute or be evidence of acceptance by the Owner or the Engineer of the whole or any part of the material furnished or work performed under the Contract. Sanitary Facilities: 17.5 Toilet facilities and a drinking water supply shall be provided by the GC -39 Contractor for the personnel of the job and maintained in a strictly sanitary manner. Toilet facilities shall be screened from public observation and their location and method of waste disposal must meet with the approval of the Engineer. The Contractor shall obey and enforce all state and municipal sanitary regulations around and on all parts of the Work. Provisions Deemed Inserted: A 17.6 Each and every provision required by law to be inserted in the Contract Documents shall be deemed to be inserted herein and the Contract Documents shall be read and enforced as though it were included herein and in the event any such provision is not inserted or is not correctly inserted then, upon the application of either party, the Contract Documents shall forthwith be physically amended to make such insertion or correction. Safety Health Regulations: 17.7 The Contractor shall comply with the Department of Labor and Safety and • Health Regulations for construction promulgated under the Occupational Safety and Health Act or 1970 (PL91-596) and under Section 107 of the Contract Work Hours and Safety Standards Act of 1970 (PL 91-596) and Under Section 107 of the Contract Work Hours and Safety Standards Act (PL 91-54). 41 The Contractor's attention is directed to the provisions of the Section 4 (b) (4) of the Occupational Safety and Health Act of 1970, as follows: "Nothing in this Act shall be construed to supersede or in any manner affect any workman's compensation law or to enlarge or diminish or affect in any 0 manner the common law or statutory rights, duties, or liabilities of employers and employees under any law with respect to injuries, diseases, or death of employees arising out of, or in the course of employment." The Contractor shall have sole responsibility for safety and shall comply with all 0 Federal, State and Local regulations dealing with safety and health. Protection of Utilities: 17.8 The Contractor is specifically directed to familiarize himself with the existence of aerial, surface or sub -surface structures of municipal and other public service corporations within the construction site. The Contractor's attention is also directed to the fact that during the life of this Contract, the Owners and Operators of utilities may make changes in their facilities. The Contractor will be required to determine the exact locations and elevations of all pertinent structures, utilities and facilities, before construction work and new installations are started, so that there will be no GC -40 40 interference with the Work. Conflict between existing structures, utilities and facilities and new work shall be ascertained by the Contractor and called to the • attention of the Engineer. The Contractor shall take these conditions into consideration in making up his bid. The Contractor shall cooperate with the public utility corporations whose structures (aerial, surface or sub -surface) are within the limits of or along the outside of the Work, to make it possible for them to maintain uninterrupted service. The Contractor shall conduct his operations in such a way as to delay or interfere as little as practicable with the work of the utility corporations. The Contractor shall give the utility corporations involved reasonable notice, but not 0 less than 48 hours, in advance of operations which may or will affect their structures. The Contractor shall protect in a suitable manner all utilities encountered and shall repair any damage to structures, utilities and facilities caused by his operations. If the nature of the damage is such as to endanger the satisfactory functioning of the utilities and the necessary repairs are not immediately made by the Contractor, the Work may be done by the respective owning companies and the cost thereof charged against the Contractor. It is understood and agreed that the Contractor has considered in his bid all of the permanent and temporary utility in his bid all of the permanent and temporary utility appurtenances, and that no additional compensation will be allowed for any delays, inconveniences, or damage sustained by him due to any interference from the utility appurtenances. Notice of Property Owners and Residents: 17.9 In general, construction work shall be conducted in such a manner as to provide no interference of normal pedestrian or vehicular traffic. In some cases it may be necessary to block streets, walks, and driveways for a short period of time. Prior to blocking or obstructing, the Contractor shall notify a responsible person in each residence or commercial establishment with sufficient notice so that the necessary preparations can be made and minimum inconvenience be made to the residents and business people. Occupying Private Land: • 17.10 The Contractor shall not (except after written consent from the proper parties) enter or occupy with men, tools, materials, or equipment, any land outside the rights-of-way or property of the Owner. A copy of the written consent shall be given to the Engineer. • GC -41 41 Inspection of Site: 17.11 All bidders shall visit the site of the Work and familiarize themselves with existing conditions prior to submission of their bid. • • • • • GC -42 0 7 • 0 TECIiNICAL SPECIFICATIONS PAGE C SECTION 1 - Scope of Work 1-1 thru 1-2 SECTION 2 - Mechanical Bar Screen 2-1 SECTION 3 - Grit Removal System 3-1 thru 3-4 SECTION 4 - Odor Control Piping Modifications 4-1 SECTION 5 - Concrete 5-1 thru 5-8 • SECTION 6 - Masonry 6-1 thru 6-2 SECTION 7 - Air Compressor 7-1 • SECTION 8 - Electrical Work 8-1 thru 8-3 SECTION 9 - Sound -Proof Door 9-1 SECTION 10 - Roofing 10-1 thru 10-2 • SECTION 11 - Painting 11-1 thru 11-6 7 • 0 • 0 A. The work to the performed under this Contract shall include, but not be limited to, removal of the existing bar rack and grit screw, installation of a mechanical bar screen, construction of an extension of the building, installation of • the new grit removal system, modification of the influent channel and headworks building, installation of floor plates over the influent channel, extension of odor control piping in the headworks building, modification and relocation of the odor control piping in the equalization tank, installation of a sound -proof door between the office area and blower room, installation of an air compresor, electrical work, relocation of existing plumbing, and all other miscellaneous work required to complete the work as shown on the drawings, as specified herein, and as directed by the Engineer. B. The Contractor shall furnish all labor, materials, equipment, tools and accessories necessary to complete all work in accordance with the Specifications, as • indicated on the Drawings, or as requested by the Engineer. The work shall include all miscellaneous materials, equipment and work not specifically mentioned within these specifications or shown on the drawings, but that are necessary for the proper completion of the work. • C. The Contractor shall have sole and absolute responsibility for the safety and well being of his workers, municipal employees, the public and all others who enter onto the site of the work. D. Prior to bidding, the Contractor shall carefully inspect the site, becoming • completely familiar with all aspects of the work required to be performed under this Contract, and obtain complete knowledge and understanding of the conditions under which the work is to be performed. Only firms considering themselves experts in this type of work should submit a proposal on this Contract or perform any of the work required. • E. STANDARD SPECIFICATIONS 1. Where reference is made in these specifications to the specifications of the American Society of Testing Materials (A.S.T.M.) or other standards, the • specification or standard referred to shall become a part of this Contract and specification. 2. The latest revision of all standard specifications shall apply; all addendums, recommendations, notes, etc. shall be considered a requirement of these • specifications, unless specifically modified herein. 1-1 0 F. The Contractor shall bear the cost of all contingencies related to the work. The Contractor shall repair or replace all areas disturbed during the construction to a condition which is equal or better than the condition which existed prior to the commencement of the work. G. The Engineer shall require testing for assurance of conformance with the specification. All testing of materials (including soils) shall be performed by a N.Y.S. laboratory, and paid for by the Contractor. Compensation for all costs for testing, as required by the specifications or directed by the Engineer, shall be included in the lump sum and unit prices bid by the Contractor in the Proposal. All costs for testing shall be borne by the Contractor. H. Compensation for all work required by the Contract Documents shall be included in the lump sum and unit prices bid in the Proposal. These specifications are divided into various sections for clarity and ease of understanding. However, at times, various aspects of the work are described under different sections. Whenever a type of labor, material or construction is necessary, the requirements governing the type of work shall apply regardless of where they may be found in the Contract Documents and regardless of the specific section, title or heading. I. The Contractor's attention is called to the Information for Bidders, Proposal, General Terms and Conditions, Contract, Bonds and Drawings. They, together with these Detailed Specifications form this Contract and are referred to as the "Contract • Documents". J. Unless otherwise specified, the work performed under this Contract shall be guaranteed for a period of one year from the date of final acceptance thereof, against defective materials, designs and workmanship. Upon receipt of notice from the • Owner or failure of any part of the work during the guarantee period, the affected part or parts shallbe replaced promptly by and at the expense of the Contractor. K. Because of the differences in the dimensions of the equipment specified to be installed, the final dimensions of the final installation shall be determined by the • Contractor. The dimensions shown on the drawings are for minimum clearances to be maintained for access purposes and to describe to the Contractor the intended layout. The Contractor, with the approval of the Engineer, may move the equipment for ease of installation. However, above all, it is required that the Contractor make the equipment fit and shall provide all adapters, brackets, supports, and accessories • to complete the intended installation. • 1-2 0 SECTION 2 MECHANICAL RAR SCREEN A. SCOPE The Contractor shall provide all labor, materials, tools, equipment, and accessories as may be required to remove the existing bar rack and install a new mechanically operated bar screen unit as shown on the drawings, as specified herein, and as directed by the Engineer. B. REMOVE EXISTING BAR RACK 1. The Contractor shall remove the existing bar rack from the influent channel. The removal shall include all brackets, anchor bolts, concrete fillets, and any other obstruction that would interfere with installing the new bar screen. 2. The Contractor shall remove the existing floor grating. New floor plates shall be installed as shown on the Drawings, after installing the new bar screen. C. MECHANICAL BAR SCREEN 1. The Contractor shall furnish and install a new mechanical bar screen unit. The unit shall be a Rotamat, 24 inch screen O.D., as manufactured by Lakeside Equipment Corp. (708-837-5640). 2. The Contractor shall provide for all modifications to support brackets, mounting brackets, influent channel, water connection and discharge piping, and all other items required to install the unit in the position shown on the drawing. • 3. The screen shall have a maximum spacing of 1/4 inch. 4. The unit shall be constructed of 304 stainless steel. 5. The Contractor shall make all connections for wash water supply and discharge piping, and all electrical connections. Electrical connections shall be as described in Section 8. D. COMPENSATION Compensation for all work performed under this Section shall be included in the lump sum price bid in the Proposal for Item No. 1, Mechanical Bar Screen, complete. • 2-1 0 n u Ll SECTION 3 - GRIT REMOVAL SYSTEM A. SCOPE The Contractor shall provide all labor, materials, tools, equipment, and accessories, as may be required to install a new grit removal chamber as shown on the drawings, as described herein, and as directed by the Engineer. 1. The Contractor shall furnish and install a new grit removal system within the existing A chamber, as shown on the drawings. The new grit removal system shall be a MECTAN grit chamber, as supplied by Metro-Watertech (201-471-8244) or a JETA grit chamber, as supplied by Burde, Inc. (P7 '1 *-6^4-3H86), or approved equal. 2. The Contractor shall remove existing concrete as necessary, where shown on the • drawings to form a 4 foot diameter chamber. The dimensions shown on the drawings are for sizing of equipment and the intended layout of the grit chamber. The final dimensions of the new unit shall be determined by the manufacturer and Contractor with shop drawings submitted to the Engineer for approval prior to forming and placing of concrete. The Contractor shall take this into account in preparing his bid, • as no extras will be allowed because of dimensional discrepancies. • 3. The Contractor shall furnish and install any supports and brackets as necessary to complete the installation in the positions shown on the drawings. C. CYCLONE 1. The Contractor shall furnish and install a new cyclone grit concentrator as shown on the drawings. The cyclone shall be a Krebs Cyclone Model TV -10-1212 as provided by Metro-Watertech or a Jones & Attwood Size _ 10 as provided by Burde, Inc. • 2. The new cyclone shall be installed above the hopper of the grit conveyor. The Jones & Attwood model attaches to a mounting plate provided on the Jones & Attwood grit conveyor. The Krebs model requires brackets to be fabricated for proper mounting. The Contractor shall fabricate and install any necessary brackets to complete the installation. • 3. The dimensions shown on the drawings are for sizing of equipment and the intended layout of the cyclone. The final dimensions shall be determined by the manufacturer and Contractor, with shop drawings submitted to the Engineer for approval prior to installation of the cyclone. The Contractor shall take this into account in preparing his bid, as no extras will be allowed because of dimensional discrepancies. 3-1 D. GRIT CONVEYOR 1. The Contractor shall furnish and install a new grit conveyor as shown on the drawings. The grit conveyor shall be a SAM grit conveyor Model 14-12-25 as provided by Metro-Watertech or a Jones & Attwood Size 14 grit conveyor as provided by Burde, Inc. Im 2. The dimensions shown on the drawings are for sizing of equipment and the intended layout of the grit conveyor. The final dimensions shall be determined by the manufacturer and Contractor, with shop drawings submitted to the Engineer for approval prior to installation of the grit conveyor. The Contractor shall take'this into account in preparing his bid, as no extras will be allowed because of dimensional Ah discrepancies. E. DIAPHRAGM PUMP 1. The Contractor shall furnish and install a new air operated double diaphragm pump. • The new diaphragm pump shall be a Wilden Model M-15 as provided by Barish Pump (516-563-3080), or approved equal. 2. The pump shall be constructed of 316 stainless steel with neoprene diaphragms. • 3. An air supply for the diaphragm pump shall be installed as described in Section 7. F. PIPING, FITTINGS, AND VALVES 1. The Contractor shall furnish and install ductile iron piping, galvanized steel piping, and copper piping where indicated on the drawings and as required to complete the • installation. 2. Ductile Iron Pipe a. All interior piping 3 inch and larger shall be ductile iron grooved joint pipe, • as manufactured by Victaulic Co. All piping shall conform to AWWA dimensions. 3. Fitt�nas • a. All fittings for piping 3 inch and larger shall be Victaulic Co. grooved -end pipe fittings, conforming to AWWA/ANSI C606. b. Flanges of flange adapters shall be drilled in accordance with ANS1 B16.1, 125 pound template. 3-2 C. Bolts shall be supplied with fittings in sufficient quantities to complete the work. Aft d. Gaskets shall be full face gaskets for Class 125 flanged joints, No. F-1950, as manufactured by Claw Corp., or approved equal. Gaskets shall be made from sheet rubber. 4. Steel EW* a. All piping under 3 inch size shall be Schedule 40 galvanized steel conforming to ASTM A-120, with threaded ends. b. Piping shall be supported with hangers or wall brackets at intervals not to exceed 6 feet. 5. Steel Fin!= a. Fittings for steel pipe shall be threaded galvanized fittings conforming to ASTM A -234 -WPB. b. A sufficient number of unions shall be installed to permit ease of disassembling. • 6. C=per Ming and Fittinga • a. All piping for flush water shall be copper piping, hard drawn Type K, conforming to ASTM B88. Copper fitting shall conform to ANS 1 B16.22, soldered fittings. 7. Valves a. Valves for ductile iron piping shall be flanged plug .valves, drilled to 125 pound template. Valve shall be Clow F-5412, rated for 175 psi working • pressure, or approved equal. b. Valves for steel piping shall be Stockham, wedge seat gate valves, threaded ends, or approved equal. • C. Valves for copper piping shall be bronze solid wedge gate valves with rising spindles, Jenkins Fig. 47 for threaded ends and Fig. 1242 for soldered ends. d. Check valves shall be swing check, renewable disc, all bronze, Jenkins Fig. 92 for threaded ends and Fig. 1222 for soldered ends. C 3-3 • • • • 3-4 • e. Solenoid valves shall be two way solenoid valves, ASCO Bulletin 8210-23, or approved equal. 8. Painting a. All exposed piping shall receive two coats of rust inhibitive paint, conforming to the approved color code requirements of the Health Department. b. All piping in contact with concrete shall receive two coats of bitumastic paint, prior to pouring concrete. G. SLIDE GATES Ah 1W 1. The Contractor shall furnish and install 3 aluminum slide gates in the influent channel, as shown on the drawings. 2. Slide gates shall be constructed of 3/8 inch thick aluminum plate, 6061-T6 alloy. Hand holes shall be provided to remove the slide gates. 40 3. Gates shall slide in an extruded aluminum channel, anchored into the concrete. 4. All aluminum in contact with concrete shall be coated with a bituminous paint. 40 H. ELECTRICAL CONNECTION 1. All electrical connections for the new equipment and solenoid valves shall be as described in Section 8. • I. COMPENSATION Compensation for all work performed under this Section shall be included in the lump sum price bid in the Proposal for Item No. 2, Grit Removal System, complete. • • • 3-4 • r SECTION 4 - ODOR CONTROL PIPING MODIFICATIONS A. SCOPE The Contractor shall provide all labor, materials, tools, equipment, and accessories as may be required to modify the existing odor control piping system, as shown on the drawings, as described herein, and as directed by the Engineer. B. MATERIALS 1. All new PVC piping, fittings, and flange adaptors shall be Schedule 80 PVC 40 of the sizes indicated on the drawings. 2. Expansion joints shall be METRA 201 rubber flexible joints, as manufactured by the Metraflex Co., or approved equal. 3. Floor plates shall be constructed of 1/4 inch aluminum (6061-T6 alloy) diamond tread plate, as supplied by Ryerson (212-964-1313), or approved equal. Floor plates shall be installed flush with the concrete floor using aluminum curb angles. All aluminum in contact with concrete shall be coated with an asphalt mastic to prevent corrosion. 4. PVC valves shall be Hayword True Union PVC ball valves, or approved equal. C. INSTALLATION 1. All existing gratings shall be removed from over the influent channel. Curb angles shall, be installed as shown on the drawings to accept the new floor plates, where applicable. 2. The odor control piping over the equalization tank shall be attached to the cover plates with flanges. The Contractor shall cut holes where required in the cover plates and attach the flanges with stainless steel bolts. A seal shall be made with a flat rubber gasket and silicone sealant. 3. The Contractor shall fabricate brackets for supporting the new piping over the equalization tank as shown on the drawings. Brackets and fastening hardware shall be stainless steel. D. COMPENSATION Compensation for all work performed under this Section shall be included in the lump sum price bid in the Proposal for Item No. 3, Odor Control Piping Modifications, complete. 4-1 A. GENERAL All work and materials shall conform to applicable provisions of all local Building Laws and Code, "Requirements for Reinforced Concrete," (A.C.I. 318, latest revision). The more stringent of the two (Building Code or A.C.I. 318) shall be deemed applicable if conflicting provisions occur. Where A.S.T.M. Designations are referred to, the most recent edition of that designation shall apply. All concrete work shall be in conformity with best industry standards and practices, and A.C.I. recommendations. B. SCOPE The Specifications in this section cover the general work necessary to furnish and install cast -in-place concrete, as shown on the Drawings and specified herein. Separate sections are included in these detailed Specifications which describe in further detail the work necessary for various individual items. All cast -in-place concrete shall be air -entrained. Only concrete from an approved plant shall be permitted. Tickets shall be presented to the Engineer. C. CEMENT 1. All cement used shall be Portland Cement, Type II, of a brand which has been on the market and used successfully for at least five (5) years in projects similar in size and character to that contemplated herein. The Contractor shall obtain the approval of the brand before ordering cement and, except as otherwise approved, all cement shall be supplied from the same source. 2. All cement shall be dry, free from lumps, and shall conform to the current Standard Specifications for Portland Cement, A.S.T.M. Designation C 150, and the current standard specifications for Air -Entraining Portland Cement, A.S.T.M. Designation C 175. D. AGGREGATES 1. Fine and coarse aggregates shall conform to A.S.T.M. C 33, Standard Specifications for Concrete Aggregates. 2. Coarse aggregate shall be 3/4" nominal top size for this project. • 5-1 0 E. WATER Mixing water shall be clean and free from injurious amounts of oils, acids, alkalines, organic material or other deleterious substances. Only potable water shall be used for concrete. F. ADMIXTURES 1. Air Entraining - Admixture shall conform to A.S.T.M. Designation C 260, Air Entraining Admixtures for Concrete. 2. Water Reducing Admixture - Admixture shall conform to A.S.T.M. • Designation C 494, and shall be Pozzolith as manufactured by Master Builders, Cleveland, Ohio, or approved equal. G. PROPORTIONING 1. The aggregate, cement, water, air entraining agent and water reducing admixture shall be proportioned in accordance with A.C.I. 613, "Recommended Practice for Selecting Proportions for Concrete" to form a dense and high structural strength concrete. • 2. A minimum of seven (7) bags of cement shall be used per cubic yard of concrete. 3. The compressive strength of twenty-eight (28) day concrete shall not be less than 4000 P.S.I. • 4. Slump shall be the minimum required to secure proper placement and compaction of concrete, however, shall not exceed 4 inch maximum. 5. The water -cement ratio for the concrete shall not exceed 5.0. • 6. Incorporate water reducing admixture and air -entraining admixture in all concrete. Air content shall be 6% with a tolerance of plus or minus 1%. 7. The mix shall be of such consistency that it can be readily placed, will not segregate, will thoroughly surround the steel where required, and form a • concrete free of honeycombs or voids. H. INSPECTION AND TESTING 1. During the progress of the Work, at least three (3) test cylinders shall be • made and stored in accordance with A.S.T.M. C 31, and tested in accordance 5-2 • FJ with A.S.T.M. Designation C 39. One (1) of the specimens shall be tested after seven (7) days and two (2) cylinders after twenty-eight (28) days. The • seven (7) day strength shall have a strength equal to 70% of the twenty-eight (28) days concrete. All test cylinders shall be made by personnel from the approved testing laboratory. All tests shall be performed by an approved independent testing laboratory at the expense of the Contractor. • 2. One slump test shall be conducted from each truckload or batch of concrete to be poured, and from each batch from which cylinder is taken, or as directed by the Engineer. Slump tests of concrete shall be performed in accordance with A.S.T.M. Designation C 143, by the approved laboratory personnel on the site. • 3. Where test cylinder strength falls below the required strength, the Contractor shall remove the defective concrete and replace it with new concrete meeting the requirements of the specifications. • 4. All expenses in connection with the concrete testing as required by these specifications shall be borne by the Contractor. After careful study by the Engineer, it may be deemed that payments for concrete shall be made in the same proportion as the tested core strength twenty-eight (28) day test bears to the speed strength. • I. FORMING 1. Forms shall be of such cross section and strength and so secured as to resist the pressure of the concrete when placed and the impact and vibration of any equipment they support, without springing or settlement. The method of • connection between sections shall be such that the joints shall not move any direction. The maximum deviation of the top surface shall not exceed 1/4 inch in 10 feet. 2. Setting Forms • a. The subgrade under the forms shall be compacted and cut to grade so that the form, when set, will be uniformly supported for their entire length at the specified elevation. All forms shall be cleaned and oiled each time they are used. 3. Grade and Alignment a. The Contractor shall check and correct alignment and grade elevations of the forms immediately before placing the concrete. When any form has been disturbed or any grade has become. unstable, the form shall 5-3 • be reset and rechecked. • b. When forms are removed, if any voids are discovered, the defective work shall be removed and the space refilled with suitable material in a manner satisfactory to the Engineer. I MIXING • 1. Unless specifically permitted in writing by the Engineer, all concrete shall be prepared at a batching -plant and delivered in truckmixers. The batching plant shall be computer operated and equipment shall be subject to the approval of the Engineer. The mixing plant shall have accurate weighing devices for • measuring separately, cement and aggregates, and accurate means for quickly determining surface moisture of aggregates and allowing therefor. Means shall be available at the plant for heating ingredients so that the concrete shall reach the forms at the specified temperatures. Truck mixers shall be of modem construction of the drum type and be equipped with separate water • tanks with accurate gauges and locks. 2. Each batch of concrete delivered to the site in a truck mixer shall be mixed not less than 50, no more than 150, revolutions of the drum at a rate of rotation specified by the manufacturer as mixing speed. Additional mixing, if any, shall be done at a slower speed specified by the manufacturer for • agitation. The size of any batch shall not exceed the rated capacity of the mixer as stated by the manufacturer and stamped on metal in a prominent place on the mixer. 3. The Contractor shall advise the Engineer twenty-four (24) hours in advance • relative to pouring operations. He shall also notify the Approved Testing Laboratory twenty-four (24) hours in advance of pouring so arrangements can be made for inspection and testing. 4. Drivers of mixing trucks shall deliver to the representative of the Engineer at • the site a load ticket for each batch of concrete. These tickets shall be furnished for each batch of concrete. These tickets shall show for each batch the date, time of adding cement to the aggregates, the yardage of concrete contained, the individual weights of cement, sand and stone, the number of quarts of admixture and the total gallons of water contained in the aggregate • as surface moisture. 5. No hand mixing of the concrete will be permitted unless specific written permission is obtained from the Engineer. 5-4 • K. DEPOSITING - PLACING • 1. No concrete shall be deposited in or under water nor on muddy or frozen ground. Subgrade shall be moist at the time concrete is placed. 2. No concrete shall be placed in freezing weather, nor when freezing temperatures are likely to follow, unless proper provision has been made for • heating aggregates and for protection of concrete. The concrete shall, under all conditions be delivered to forms at a temperature of at least 70 degrees F., and not in excess of 85 degrees F. Thereafter, the concrete shall be maintained at a temperature of at least 70 degrees F. for a period of three (3) days, or at a lower temperature for a longer period, but the concrete shall not • be allowed to reach a temperature of less than 50 degrees F. for at least seven (7) days after pouring. No concrete shall be placed on, or against frozen surfaces. 3. Except by specific authorization, concreting shall cease when the descending • air temperature in the shade and away from artificial heat, falls below 50 degrees F. When concrete has been placed in cold weather and the temperature may drop below 35 degrees F, straw hay, insulated curing blankets, or other suitable material shall be provided along the line of work. Whenever the air temperature may reach the freezing point during the day or • night, the material shall be spread over the concrete deep enough to prevent freezing of the concrete. Concrete shall be protected from freezing temperature until it is at least ten (10) days old. Concrete injured by frost action shall be removed and replaced at the Contractor's expense. 4. Formwork and trenches will be free of water and debris. Drainage shall be arranged so that water does not pass through concrete and wash the cement from the mixture. Where concrete is to be placed on earth bottom, care shall be exercised to prevent the admixture of earth with concrete. Earth which has been puddled or loosened shall be removed just prior to placing of concrete. • 5. Concrete shall be handled from the mixer to the place of final deposit as expeditiously as possible, and in such a manner as will not cause separation or loss of any of the mixture. 6. The concrete shall be evenly distributed in the forms, and shall not be piled up and rehandled, nor flowed in the forms. Where chutes are used for placing the concrete, they shall be of metal and have a curved invert. Chutes shall be of minimum practical length, and shall not be placed in such a manner as to cause separation of the ingredients. • 5-5 0 • 7. Concrete shall be placed continuously until a unit is completed. ® 8. All reinforcements shall be in place before commencing the placement of concrete and shall be rigidly fastened in such a manner as not to be shifted by the pouring operation. All castings, sleeves, pipe works, conduits, etc., shall be in place before concrete is poured. • 9. Joints shall be made where noted on the Drawings or ordered by the Engineer. Construction joints shall be as hereafter specified or detailed on the Plans, or as approved by the Engineer. 10. Concrete, during and immediately after disposition shall be thoroughly spaded. All concrete shall be spaded with a mechanical device and vibrated into place, so that there will be no voids or honeycombing in the completed work. Vibrators shall be of the internal type of approved design for the type of work to be performed. An adequate number of vibrators, with sufficient standby units, including gas engines, generators, and motors, shall be maintained at • the site to insure uninterrupted placing of each pour of concrete. The number and design of vibrator units shall be subject to the approval of the Engineer. Only workmen skilled in the use of this equipment shall be employed on this work. 0 L. CONSOLIDATION AND FINISHING 1. The sequence of operations shall be strike -off and consolidation, floating if necessary, straight edging and final surface finish. 2. In general, adding water to the surface of the concrete to assist in finishing • operations shall not be permitted. If it is permitted, it shall be applied as a fog spray with approved spray equipment. M. CURING • 1. The Contractor shall obtain the Engineer's approval for the type and method of curing to be employed. Concrete shall be cured by protecting it against loss of moisture, rapid temperature change, and mechanical injury for at least three (3) days after placement. Moist curing, waterproof paper, white polyethylene sheeting, liquid membrane compound, or a combination thereof 0 may be used. After finishing operations have been completed, the entire surface of the newly placed concrete shall be covered by whatever curing medium is applicable to local conditions and approved by the Engineer. The edges of concrete curbs and sidewalks exposed by the removal of forms shall be protected immediately to provide these surfaces with continuous curing • treatment equal to the method selected for curing the slab and curb surface. 5-6 0 • The Contractor shall have at hand and ready to install before actual • placement begins, the equipment needed for adequate curing. 2. Moist Curing: Moist curing shall be accomplished by a covering of burlap or other approved fabric mat used singly or in combination. Curing mats shall be thoroughly wet for the duration of the moist -curing period. Burlap or fabric mats shall be long enough to cover the entire width and • edges of the concrete and lapped at joints to prevent drying between adjacent sheets. 3. Waterproof Paper or White Polyethylene: Waterproof paper or white polyethylene sheets shall be in pieces large enough to cover the entire width t and edges of the concrete and shall be lapped not less than 18 inches. The paper or polyethylene shall be adequately weighted to prevent displacement or billowing due to wind, and material folded down over the side of the concrete edges shall be secured by a continuous bank of earth. Tears or holes appearing in the paper or polyethylene during the curing period shall be • immediately repaired. 4. Membrane: The membrane method of curing shall be applied behind the final finishing operation after all free water has disappeared from the surface. Complete and uniform coverage at the required rate of 150 square feet per gallon shall be required. The compound shall be kept agitated to prevent the pigment from settling, and it shall be applied to the concrete edges immediately after the forms have been removed. Membrane curing will not be permitted in frost -affected areas on paving that will be exposed to de-icing chemicals within thirty (30) days after completion of the curing period. • N. JOINT FILLER 1. Expansion joint material shall be premolded, asphalt impregnated fiber board, manufactured and supplied in accordance with ASTM D 1751. • 2. Expansion joint material shall be installed where shown on the Drawings and in accordance with the provisions of these detailed Specifications. O. REINFORCEMENT 0 1. All reinforcing steel, unless otherwise noted shall be in accordance with the latest A.C.I. code. 2. Welded wire fabric shall meet the requirements of A.S.T.M. Designation A 185. • 5-7 0 0 P. CONCRETE PROTECTION FOR REINFORCEMENT The following minimum concrete cover (inches) shall be provided for reinforcement: Concrete cast against and permanently exposed to earth 3" Concrete exposed to earth, weather or liquid 2" Concrete not exposed to weather or in contact with ground: L-A Slab, Walls 1" Beams, Columns 1-1/2" Exterior Slabs 21 1 0 Q. EPDXY BONDING COMPOUND 1. Epoxy bonding compound shall be applied to all surfaces where new concrete abuts existing concrete. 0 2. Epoxy bonding compound shall be "Nitobond RWC", as manufactured by Preco-Industries, (516-935-9100), or approved equal. 3. Epoxy shall be stored, mixed, and applied in accordance with manufacturers recommendations. R. EPDXY SEAL COATING 1. Epoxy seal coating shall be applied to all interior surfaces of the influent channel. Two coats shall be applied. 2. Epoxy seal coating shall be "Nitoflor FC 140", as manufactured by Preco Industries, or approved equal. 3. Epoxy shall be stored, mixed, and applied in accordance with manufacturers recommendations. 0 S. COMPENSATION Compensation for all work performed under this Section shall be included in the lump sum price bid in the Proposal for Item No. 4, Concrete, complete. • 5-8 0 0 0 A. SCOPE The Contractor shall provide all labor, materials, equipment, tools, and accessories as may be required to demolish existing masonry, install new masonry and install new lintels for the grit conveyor opening, in accordance with these Specifications, as shown on the Drawings, and as directed by the Engineer. B. MATERIALS IN 1. Concrete blocks shall be 8 inch hollow, load-bearing, concrete masonry units, produced in accordance with ASTM C90, to match the existing masonry. 2. Cap blocks shall be 4 inch solid, load-bearing, concrete masonry units, produced in accordance with ASTM C90, to match the existing masonry. 0 C. INSTALLATION • 1. Concrete block shall be laid in full joints. External comers shall be laid up with selected material showing no chipping or spalling. 2. All blockwork shall be protected from any and all kinds of damage until the final completion and acceptance of the building. 3. The tops of walls and all unfinished work shall be covered and protected, when not being worked on, against all damage by frost or the elements, by means of waterproof paper, canvas, boards or other approved means. 4. Masonry reinforcement shall be continuous around the structure in all masonry work, placed every course and shall be Dur -O -Eye as manufactured by Dur -O -Wal, Inc. 5. Mortar shall be Type A-2 (N.Y.S. Building Code), with a minimum compressive strength of 1800 psi. 6. Joints shall be struck off with a smooth, neat appearance using rounded, steel r edged tools. D. LINTELS 1. Lintels shall be double 3 1/2" x 4" x 3/8" steel angle, with a minimum 8 inch bearing on each end. Long leg shall be vertical. 6-1 0 0 2. Lintels shall be painted with a rust inhibitive primer and top coat. • E. COMPENSATION Compensation for all work performed under this Section shall be included in the lump sum price bid in the Proposal for Item No. 5, Masonry, complete. r, u • • 6-2 11 • n0010�0 The Contractor shall provide all labor, materials, tools, equipment, and accessories, as may be required to install an air compressor and air piping for the diaphragm grit • pump, as shown on the drawings, as described herein, and as directed by the Engineer. B. MATERIALS 1. The air compressor shall be a Powerex 5 HP, 230/460 VAC, 3 phase electric motor compressor, Model No. 72809 as supplied by W.W. Grainger, Inc., or approved equal. Unit shall be supplied with a 60 gallon ASME code storage tank. • 2. Piping shall be 3/4 inch galvanized steel. Valves shall be 3/4 steel gate valves. 3. Flexible air hose shall be 1/2 inch Speedair nylon coiled hose, oil and moisture resistant as supplied by W.W. Grainger, Inc., or approved equal. 4. Air regulator shall be a Wilkerson Model GPA -95-225, 1/2 inch combination filter/water separator/regulator/lubricator, as supplied by W.W. Grainger, Inc., or approved equal. Unit shall be supplied with mounting bracket, modular sleeves, and modular end block, as required. 1 C. INSTALLATION 1. The Contractor shall mount the compressor where shown on the drawings, with galvanized steel anchor bolts. . • 2. The Contractor shall provide and install all brackets and mounting hardware for the air piping system. Brackets and hardware shall be stainless steel within the influent/grit room. 3. All electrical connections shallbe as described in Section 8. r7 .-A D. COMPENSATION Compensation for all work performed under this Section shall be included in the lump sum price bid in the Proposal for Item No. 6, Air Compressor, complete. • 7-1 0 :7 SECTION 8 - ELECTRICAL WORK A. SCOPE The Contractor shall provide all labor, materials, tools, equipment and accessories, as may be required, to disconnect existing equipment, and install new wiring, motor starters, circuit breakers, lighting and solenoid valve controls, to complete the work as shown on the drawings, as specified herein, and as directed by the Engineer. B. DESCRIPTION OF WORK 1. Mechanical bar screen - install, motor starter in existing panel, install conduit, wiring, and circuit breaker, and connect 2 HP, 3 phase, 240/480 volt motor. Bar screen shall be connected with a flexible conduit, of sufficient length to allow tilting of the unit for service. • 2. Grit chamber drive - install motor starter in existing panel, install conduit, wiring and circuit breaker, and connect 1/2 HP, 3 phase, 240/480 volt motor. 3. Grit conveyor - disconnect existing grit screw, reuse motor starter in the existing panel, reuse existing circuit breaker, install new wiring and conduit, • and connect 3 HP, 3 phase, 240/480 volt motor. 4. Air compressor - install motor starter in existing panel, install conduit, wiring and circuit breaker, and connect 5 HP, 3 phase, 240/480 volt motor. 5. Control panel and solenoid valves - fabricate new control panel, install wiring, • conduit and circuit breakers, and connect 6 solenoid valves. 6. Lighting - Install lighting fixtures, wiring, conduit, circuit breakers, and switches, and connect 3 fixtures. • C. MATERIALS 1. Standards a. The Contractor's work and materials shall comply with the appropriate sections of the 1987 National Electrical Code for Class I Hazardous locations. b. All motor starters, circuit breakers, and other equipment within the existing office area (motor control center and distribution panels) shall be listed by Underwriters Laboratories. All enclosures within the 8-1 • grit/influent rooms shall comply with NEMA 4x. MWOMITf "I, 'Famm, CRIT -PS -1 a. The equipment installed in the grit/influent room shall be resistant to corrosion by water, hydrogen sulfide vapors, and sulfuric acid and shall be made with plastic, fiberglass or other non-metallic materials. • b. Only stainless steel hardware and fasteners will be permitted. 3. Motor starters and motor circuit protectors shall be installed in the existing panel in the office of the main building, and shall match the existing. 4. Circuit breakers shall be molded case, having the full load and interrupting ratings required for the intended use and motor sizes. Breakers for 480V systems shall have a 480V rating. 5. Conduits shall be PVC, Schedule 80 having the required size for the intended use. Flexible conduits shall be non-metallic. 6. Junction and Pull Boxes shall be plastic, as per Crouse Hinds type NJB, or approved equal. 7. Switch Boxes shall be plastic FS, as per Carlon type FSE, FSC, FSS, or FSCC, or approved equal. 8. Wiring shall be copper conductor, type THW, 75 degrees C. The minimum size shall be # 12AWG. • 9. Lighting a. Interior fixtures shall be fluorescent, surface mounted, 2-F40W, 120 V, corrosion resistant with brackets, as per Crouse Hinds NFW 4240, or approved equal. The luminaries shall have a fiberglass housing with plastic latches. b. Outdoor fixture shall be wall mounted, fully enclosed, with gasket, stainless steel hardware, with 50 watt high pressure sodium lamp, as per Lithonia Hi -Tek Type TWL 50SNLP, or approved equal. 10. Switches shall be toggle, 1P, 20A, 120V, as per Bryant #4901, or approved equal. Cover plates shall be plastic. • 8-2 :j • D. COMPENSATION 0 Compensation for all work performed under this Section shall be included in the lumps sum price bid in the Proposal for Item No. 7, Electrical Work, complete. • • • 7 0 8-3 0 ,.,MMMVI .. The Contractor shall provide all labor, materials, tools, equipment, and accessories as may be required to install a new partition wall and sound -proof door between the office and blower room, as shown on the drawings, as specified herein, and as directed by the Engineer. u _ y M 0 1. New door shall be a CHEM-PRUF FRP door and frame, as supplied by Plastic Engineered Products, Inc. (908-534-6111), or approved equal. Door shall be provided with a rectangular lite and stainless steel hardware. Door shall open as shown on the drawings. 2. Partition wall shall be constructed of wood sills, top plates, and studs; 5/8" "Type V gypsum wallboard on each side; and 31/2" inch fiberglass insulation, as shown on the drawings. Partition shall be continuous to the roof for a complete sound barrier. 3. Color of door shall be light tan or off-white. • I • 4. Partition shall be finished on both sides, with all wallboard joints taped and spackled to a smooth finish. Walls shall be painted with one coat of latex primer and two coats of latex semi -gloss wall paint, color to match the existing walls. C. COMPENSATION Compensation for all work performed under this Section shall. be included in the lump sum price bid in the Proposal for Item No. 8, Sound -Proof Door, complete. 9-1 • 10-1 • SECTION 10 - ROOFING, FLASHING, AND LEADERS • A. SCOPE The Contractor shall provide all labor, materials, tools, equipment, and accessories, as may be required to install a roof with side flushing and rain leaders on the new • extension of the existing influent room, as shown on the drawings, specified herein, and as directed by the Engineer. B. MATERIALS • 1. Roofing a. The roofing system and components shall be as manufactured by Johns -Manville, Celotex, or approved equal. Membrane shall be a four ply fiberglass built-up roof with a white gravel finish, to match the • existing roof. 2. Flashing a. Flashing shall be a minimum two ply system of fiberglass finishing felts. • 3. Edge Curb a. The roof edge curb shall be a preformed aluminum curb to match the existing curb. Color shall match existing. A 4. Rain Leaders a. Roof scupper shall be formed from 16 gauge aluminum, to match existing. • b. Leaders shall be 6" x 6" aluminum, to match existing. The leader shall be securely fastened to the wall. C. INSTALLATION 1. The roof system shall be installed in strict accordance with the manufacturers requirements. 2. Asphalt shall be applied at the Equiviscous Temperature (EVT), plus or minus 25 degrees F. • 10-1 • 3. Felts shall be placed perpendicular to the roof slope. • 4. Broom all felts solidly into the hot asphalt. Asphalt shall be between and under layers of felt so that at no point does felt touch felt. The top coating shall be a heavy uniform mopping of hot asphalt. 5. Flashing shall be installed with materials consistent with the roofing system • used and shall be in accordance with the manufacturer's recommendations. New flashing shall be installed around the edge curb, rain scupper, and all other areas necessary to properly complete the work. 6. The Contractor shall submit a certificate from the roofing manufacturer that • the roofing system complies with Underwriters Fire Hazard Classification, Class A, and conforms to Factory Mutual specifications. 7. Roofing shall be applied only during dry weather, when the ambient temperature is above 32 degrees F and a wind speed less than 20 mph. • D. COMPENSATION Compensation for all work performed under this Section shall be included in the lump sum price bid in the Proposal for Item No. 9, Roofing, Flashing, and Leaders, • complete. • 10-2 • SECTION 11 - PAINTING A. SCOPE The Contractor shall provide all labor, materials, tools, equipment, and accessories as may be required to perform field painting, as specified herein, and as directed by 0 the Engineer. B. GENERAL 1. It is the object of these specifications to provide the materials and workmanship necessary to obtain a job of the highest quality in accordance with the best painting practices. Paints to be applied shall be used as furnished by the manufacturer without modification or extension unless authorized otherwise, and the painting shall be done strictly in accordance with the manufacturer's directions, satisfactory to the Owner. The Work shall 0 be performed by a Contractor having past experience with the use and application of epoxy coatings or by a Contractor who has had prior instructions, before application, on the use and application of epoxy coatings by the manufacturer. 2. Mixing and curing instructions and safety precautions shall be rigidly followed. 3. All materials shall be delivered in their original containers with seals unbroken, bearing the manufacturer's label, specifying trade name, brand, quality and mixing ratio. They shall be ordered in large enough quantities and shall be delivered in ample time to facilitate the Work. 4. The materials shall be stored on the premises where directed by the Owner. The storage space shall be kept clean and dry and the temperatures of the storage space shall not fall below 40 degrees F. Every precaution shall be taken to avoid excessive high temperatures in the storage space and contact with flame. Curing compounds or hardeners shall not be used in or on concrete surfaces to be painted. 5. Surfaces to be coated with types or brands to be used, are hereinafter stated for the convenience of the Contractor and indicates the paints required for the various surfaces but in no way relieves him from doing a complete painting job throughout the Work in accordance with generally approved practices for work of high quality. Work which is customarily painted, shall be painted with appropriate paints regardless of whether or not the surfaces are specifically mentioned; and only omitted if so specified under separate items or directed by the Owner. Colors shall be as selected by the Owner. r� u C. MATERIALS • 1. The paints, paint products and thinners of the Dural Materials Corp., 95 Brook Avenue, Deer Park, New York, (516-586-1655) shall be applied as required. Products of other manufacturers, comparable in quality, type and performance to those specified will be acceptable as equal if said paints are offered by the Contractor with data showing satisfactory performance in like paints for a period of not less than five (5) years. D. COMPATIBILITY OF COATINGS 1. It is essential that paints and primers applied by fabricators and suppliers as shop coatings and those applied as final coatings be compatible. 2. Where necessary, each successive coat shall be tinted so as to distinguish it from preceding coats. E. SURFACE PREPARATION 1. In all cases, surface preparation shall immediately precede painting and no painting shall begin before the prepared surfaces have been approved by the Engineer. 2. Steel (factory primed). If the steel to be coated has been factory primed, surface preparation required is that it be clean, dry, and free of other coatings or contaminants which might prevent proper adhesion. In small areas where the factory primer is chipped, cracked, or peeled off the steel, a wire brushing over these areas before applying paint is required. 3. Steel (un -primed). If the steel to be coated has not been factory primed and shows evidence of rust and/or corrosion, it must be sandblasted. Unprimed steel surfaces should be dry grit blasted to a commercial gray metal blast as specified by the "Steel Structures Painting Council Specification SP -6 Commercial Blast". All rust, mill scale, dirt, grease, oil, dust and other contaminants or coatings must be removed. After blasting, the surfaces shall be brushed and blown off with compressed air or cleaned by vacuum before application of the primer. All steel surfaces that are to be coated after sandblasting shall first be primed with Duralkote 305 Zinc Rich Primer. Primer shall be applied as soon as possible after the blast cleaning. In no case should the time interval exceed 24 hours. If any visible rusting does occur after blasting, regardless of the time interval, the surface shall be re - blasted prior to applying the primer coat. 4. Galvanized Steel and Aluminum: The surfaces to be coated shall be dry, 11-2 clean and dust free. All oils, grease and other contaminants must be removed 0 prior to application. All surfaces must be solvent wiped and allowed to dry fully before applying paint. Solvent wipe shall remove any zinc dust and mill scale from the surfaces. 5. Concrete Block: Surfaces shall be clean and dry before applying the material. • All grease, dirt, grime, paint, excess mortar, or other deleterious or loose material which might interfere with proper adhesion of the coating to the surface shall be removed. All holes, honeycombs, fins, and cracks, shall be repaired before application of paint. 6. Concrete: Before application of coating material, concrete shall be • thoroughly sandblasted to roughen the surface and remove all flaky material, dirt, oil, grease or other deleterious or loose material. The surface prior to painting shall be that of fine grained sandpaper. a. Acid etching may be employed as a surface preparation when permitted by the Engineer. The etching solution shall consist of a solution of one part of hydrochloric acid to two parts of water, by volume, applied with a stiff bristled broom. Care shall be taken to insure a reaction between the acid and the concrete over the entire surface as evidenced by bubbling of the concrete surface. After the acid etch, the entire surface shall be rinsed with a dilute ammonia solution, flushed with clear water and allowed to dry. b. Surface preparation and subsequent painting shall commence no earlier than 28 days after all concrete is placed. Surface preparation shall immediately precede painting. 7. Woodwork and Sheetrock a. Wood surfaces shall be free of all -foreign matter, with all nail holes, open joints, cracks and other defects properly filled with an approved spackling putty. Surfaces shall then be sandpapered with a smooth fine sandpaper and dusted clean. b. The underside of the plywood roof deck, along with the wood roof joists, shall be painted to match existing. F. APPLICATION OF PAINT 1. The Contractor shall provide and use ample drop cloths to protect equipment, materials and work from spots, stains, or injury as well as maintain all tools and equipment necessary for the satisfactory completion of the Work. 11-3 2. Where necessary, prior to the application of the finish field paints, damaged or abraded areas of the shopcoating shall be touched up with the correct touch up or field primer material. The touch up coat shall be in addition to, and not considered as the first finish coat, even if applying an entire extra coat is necessary. 3. All painting shall be done by skilled painters under dry favorable weather • conditions at the coverage rate specified for application taking care that coats e are carefully applied to a smooth even coat, uniform in gloss, finish and color. Each coat shall be thoroughly dry before the next coat is applied unless otherwise required. No painting shall be done when the temperature is below 40 degrees F., or may be reasonably expected to fall below same during a 24 • hour period, or when the relative humidity exceeds 85 percent or is expected to do so. In all cases, the resulting paint film produced shall be satisfactory r in all respects to the Owner. G. GENERAL PAINTING SCHEDULE 1. The painting schedule below gives the types and principal surfaces to be painted: a. All interior metal surfaces, woodwork, concrete block, exposed interior piping, and equipment shall be painted with two coats of Duralkote 305 one component epoxy coating. Surfaces requiring priming shall receive the required primer and then two coats of Duralkote 305. Each coat shall have a dry thickness of 6 mils. b. Aluminum surfaces in contact with concrete or masonry shall receive two heavy coats of asphaltum. C. All exterior metal surfaces, piping and equipment, and wood surfaces shall be painted with two coats of Duralkote 304 consisting of a color coat followed by a clear protective coat. Surfaces requiring priming shall receive the required primer and then two coats of Duralkote 304. Each coat shall have a dry thickness of 5 mils. H. FLOORS 1. Floors shall receive an epoxy protective floor coating which shall be 100% solid epoxy material equal to that of Duralkote 203. The material shall be applied by use of brush or roller and attain a dry thickness of 13 mils. 11-4 • I. IDENTIFICATION AND SAFETY PAINTING • 1. The various visible pipe lines shall be identified by painting as noted in the following table or as directed by the Owner. Arrows shall be stencilled in to indicate direction of flow. Piping Color Code • Service Color Potable Water Blue • Grit/Sludge Brown Air Green J. COATING SCHEDULE • 1. A coating schedule generally describing the various coatings to be used in the various areas follows. The schedule is for the convenience of the Contractor, and if there are any discrepancies in describing a particular surface, other portions of these specifications shall govern. • Dry Mil Thickness General area to be coated Material Number of Coats Per Coat (Mil) 1. Unprimed metal 1. Primer -if reqd. • interior surfaces, misc. Duralkote 305, Zinc 1 2 surfaces, except concrete. Rich Primer. 2. Finish - Duralkote 305 2 6 • 2. Exterior Metal 1. Primer -if reqd. 1 2 2. Duralkote 304 2 5 3. Interior Concrete 1. Duralkote 203 1 13 floors 4. Interior surfaces 1. Primer -if reqd. 1 2 surfaces including (wood, 2. Finish - sheetrock ceilings, block Duralkote 305 2 6 walls, piping, etc,) • 11-5 • • K. COMPENSATION • Compensation for all work performed under this Section shall be included in the lump sum price bid in the Proposal for Item No. 10, Painting, complete. • • 11-6 40 CAMERON ENGINEERING, P.C. 811 Jericho Turnpike Smithtown, New York 11787 Tel. 516-265-9617 Fax 516-265-0466 September 4, 1991 Mr. Scott Harris, Supervisor Town of Southold Main Road Southold, NY 11971 Re: Town of Southold Scavenger Waste Treatment Plant Final Draft Plans and Specifications CE091A Dear Mr. Harris: Enclosed please find three (3) sets of draft plans and specifications for your review. Please review these documents and make any corrections that you may have. We will arrange for a meeting for all concerned to discuss any comments and incorporate them in the final bid documents. If you have any questions, please call me at 265-9617. Sincerely, CAMERON ENGINEERING, P.C. Kurt Dietrich KD:cbr Enclosure cc: Jim Monsell, Village of Greenport Merle Wiggin, Peconic Associates I JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 2, 1992 Tromel Construction Corp. P.O. Box 49717• Bay Shore, New York 11706 Gentlemen: Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 Bensin Contracting Inc. has executed the necessary contract documents for the Modifications to the Town of Southold Scavenger Waste Treatment Plant at Greenport, therefore, I am returning herewith your 5% Bid Bond. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned Tromel Construction Corp. as Principal, and Aetna Casualty & Surety Company as Surety, are Five Percent of the Amount Bid... hereby held firmly bound unto Town of Southold in the Penal Sum of for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs,executors, administrators, successors, and assigns. Signed this �.6th day of February , 19 92. TIIE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that, WHEREAS the Pruicipal has submitted to ..Town of Southold a certain bid, attached hereto and hereby made a part hereof, to enter into a Contract in writing, for the Scavenger Waste Treatment Plant Modifications, Greenport, NY NOW, TTIEREI~OP,E, a) if said Bid shall be rejected, or in the alternate b) if said Bid shall be accepted and the Principal shall execute and deliver an Agreement in the forin attached hereto (properly completed in accordance with said Bid) and shall furnish a Bond for his faithful performance of said Agreement, and for the payment of all persons performing labor or furnishing materials in connection therewith and shall in all other respects perform the Agreement created by the acceptance of said Bid. Then, this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. 0 The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Obligee may accept such bid; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals and such of them as are corporations have caused their, corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. TromeI Construct ion Corp. Principal c by Aetna Casualty & Surety Compauv by __ _ Jos VII—Storz h Storzo, t rney-In-Fact BB -2 THE ,4ETNA CASUALTY AND SURETY COMPANY Harrford. Connecticut 06156 LIFE b CASUALTY POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(SHN-FACT KNOW ALL MEN BY THESE PRESENTS.'HAT THE ATNA CASUALTY AND SURETY COMPANY, a corporation duly organized under the laws of the State of Connecticut, and having its principal office in the City of Hartford. County of Hartford. State of Connecticut, hath made, constituted and appointed. and does by these presents make, constitute and appoint Joseph Sforzo, Thomas Keating, Robert W. O'Kane or Robert M. Kempner - - of New York, New York its true and lawful Attorneys) -in -Fact, with ful t power and a uthorityherecy con ferrec to sign, execute and acknowledge. at any place within the United States. or, if the following line be filled in, within the area :here cesig- nated , the following instrument(s): by his/her sale signature and act. any and all bonds, recognizances. contracts of indemnity, and other writings obligatoryin the nature of a bcnc. recognizance. or conditional undertaking, and any and all consents incidents thereto and to bind THE ATNA CASUALTY AND SURETY COMPANY, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of THE fFTNA CASUALTY AND SURETY COMPANY, and all the acts of said Attorneys) -in -Fact. pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Company which Resolutions are now in full force and effect: - VOTED: That each of the following officers: Chairman. Vice Chairman, President, Any Executive Vice President, Any Senior Vice President. Any Vice President, Any Assistant Vice President, Any Secretary, Any Assistant Secretary, may from time to time appoint Resident Vice Presidents, Resident Assistant Secretaries, Attorneys -in -fact, and Agents to act for and on behalf of the Company and may give any such appointee such authority as his certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds. recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond. recognizance. or conditional undertaking, and any of said officers or the Board of Directors may at any time remove any such appointee and revoke the power and authority given him. VOTED: That any bond. recognizance, contract of indemnity, orwriting obligatoryin the nature of a bond, recognizance. or conditional undertaking shall be valid and binding upon the Company when (a) signed by the Chairman, the Vice Chairman, the President, an Executive Vice President. a Senior Vice President, a Vice President, an Assistant Vice President or by a Resident Vice President, pursuant to the power prescribed in the certificate of authority of such Resident Vice President. and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary or by a Resident Assistant Secretary,pursuant to the power prescribed in the certificate of authority of such Resident Assistant Secretary; crib) ouIy executed (under seal, if required) by one or more Attorneys -in -Fact pursuant to the power prescribed in his or their certificate or cemficates of authority. This Power of Attorney and Certificate of Authority is signed and seated by facsiritile under and by authority of the following Standing Resolution voted by the Board of Directors of THE ETNA CASUALTY AND SURETY COMPANY which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: Chairman, Vice Chairman, President, Any Executive Vice President. Any Senior Vice President, Any Vice President, Any Assistant Vice President, Any Secretary, Any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Factforpurposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, THE )ETNA CASUALTY AND SURETY COMPANY has caused this instrument to be signed by its Senior Vice President and its corporate seal to be hereto affixed this 6th day of August 19 91 THE CASUALTY AIiD SURETY COMPANY By State of Connecticut 1 J seph P. Kiernan S County of Hartford ss. Hartford Senior Vice President ) On this 6th day of August 19 91 before me personally came JOSEPH P. KIERNAN to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of THE *ETNA CASUALTYAND SURETY COMPANY, the corporation described in and which executed the above instrument: that he/she knows the seal of said corporation: thatthe seal affixed to the said instrument is such corporate seal: and that he/she executed the said instrument on behalf of the corporation by authority of his/her office under the Standing Resolunons thereof. '. +o TA M commnmon exptrm M 37, 19 93 Notary Public ` Dorothy L. M i CERTIFICATE 1, the undersigned. Secretary of THE sETNA CASUALTY AND SURETY COMPANY!a stock corporation of the State of Connecticut. DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked: and furthermore, that the Standing Resolutions of the Board of Directors. asset forth in the Certificate of Authority, are now in force. (I G Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Conn cti t. gated this V th day of February 19 92 I By w a.J60nWelc e etary (S-1921) (M) 2-90 -•^^'" PRINTED IN U.S A THE AETNA CASUALTY AND SURETY COMPANY "Ne r. Hartford, Connecticut 06156 LIFE & CASUALTY BARBARA ?IMM ATTORNEY - IN - FACT JUSTIFICATION Nary public, SUtel of New York PRINCIPAL'S ACKNOWLEDGMENT—No. 4713363, Suffolk County 1F A CORPORATION � _� f- y Commission Expires — - State of New York, County of Suffolk ss. On this 5th day of February 1992 , before me personally appeared a Thomas V. Healy to me known, who, being by me duly swom, deposes and says: That he/she resides in the City of Bay Shore, NY that he/she is the president of Tromel Construction Corp the corporation described in and which executed the within instrument; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, an hat he/she signed his/her name thereto by like order. -� PRINCIPAL'S ACKNOWLEDGMENT—IF INDIVIDUAL OR FIRM State of New York, County of ss. On this day of 19 before me personally appeared to me known to be (the individual) Ione of the firm of I described in and who ex- ecuted the within instrument, and he/she thereupon duly acknowledged to me that he/she executed the same las the act and deed of said firm). SURETY COMPANY'S ACKNOWLEDGMENT State of New York, County of Suf f ol,k ) ss. 19 On this 6th day df February92 appeared Joseph Sforzo before me personally a to me known, who, being by me duly sworn, did depose and say: That he/she resides in the City of Centerport, NY that he/she is Attomey-in-Fact of THE .ETNA CASUALTY AND SURETY COMPANY, the corporation described in and which executed the within instrument: that he/she knows the corporate seal of said Company; that the seal affixed to said instrument is such corporate seal: that it was so affixed by him/her and that he/she signed said instrument as Attomey-in-Fact by authority of the Board of Directors of said Company: anc affiant did further depose and say that the Superintendent of Insurance of the State of New York has. pursuant to Chapter 882 of the Laws of the State of New York for the year 1939, constituting Chapter 28 of the Consolidated Laws of the State of New York known as the Insurance Law as amended, issued to THE ETNA CASUALTY AND SURETY COMPANY his/her certificate that said Company is qualified to become and be ac- cepted as surety or guarantor on all bonds, undertakings, recognaances, guaranties, and other ons required or permitted by law; and that such certificate has not been revoked. NOTAf Ap Use alone, or with S-1921 (M). S-1922 Wl. or S-1923 (M) IS -1879-1-C7 (M) 3-7 8 'cit:C'•+ �� ` t C MINTED IN U. S.A THE ATNA CASUALTY AND SURETY COMPANY HARTFORD, CONNECTICUT _ 06156 FINANCIAL STATEMENT AS OF December 31, 1990 AS FILED WITH THE INSURANCE DEPT. OF THE STATE OF NEW YORK CAPITAL STOCK s 257000,000 ASSETS LIABILITIES Cash & Invested Cash 5 654,913,176 Unearned premiums S 1,416,992,554 Bonds 4,890,744,924 Losses 6,395 400,250 Stocks 2,17$,481,$33 Loss adjustment expenses 1,458,095,894 Mortgage Loans 2,270 660 065 Accrued expenses and other liabilities 643,247,806 Real Estate 77,047 406 Federal income taxes 1,188,000 Investment income due Reserve for reinsurance in companies and accrued 13 ,328,201 not authorized in New York M 443 239 Premium balances 1,322,552,834 Total Liabilities S 10,M4, -W,743 Other assets 916,042,350 Surplus Funds 35,109,000 _ Capital Stock 25,0M,000 Paid in surplus 1,129,055,706 Other surplus 1,207,238,392 Surplus to policyholders 2,396,403, 1111 Total Assets 5 12,430,770,843 Total 5 12,430,770,843 Securities carried at S 123,5657021 in above statement are deposited with public authorities, as required by law. i 0 BID SCAVENGER WASTE TREATMENT PLANT MODIFICATIONS TOWN OF SOUTHOLD, NEW YORK Bid Of Tromel Construction Corp herein after called 'Bidder", a New York (State) a partnership/an individual doing business as corporation/ to Thomas V Healy P.E. hereafter called "Owner". 0 Gentlemen: The Bidder, in compliance with your invitation for bids for the construction of .�-� V �� .✓ (; y=ir c�> � � %%= 'J2 w /� � r� ice- � ,�� ^• � /1'4�Ji=r��/JT.��S having examined the Bidding Documents and the following Addenda (receipt of 1W which if hereby acknowledged): Ah Date Number 2/4/92 Addendum #1 and the site of the Proposed Work, and being familiar with all of the conditions surrounding the construction of the Proposed Project including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies and to construct the Project in accordance with the Bidding Documents, within the time set forth therein and at the prices stated below. These prices are to cover all expenses incurred in performing the Work required under the Bidding Documents, of which this Proposal becomes a part thereof. PROPOSAL TOWN OF SOUTHOLD SCAVENGER WASTE TREATMENT PLANT MODIFICATIONS Item No. 1 - Mechanical Bar Screen • Lump sum price for Mechanical Bar Screen, complete. In Words:-r;�� Dollars and .4,o Cents In Figures: $; o00 Item No. 2 - Grit Removal System Lump sum price for Grit Removal System, complete. • In Words: �Q��Jc /2;.v ��A�� j „�,ti�Dollars and Cents In Figures: $ 7 7, 3 oo � ' 0 Item No. 3 - Odor Control Piping Modifications Lump sum price for Odor Control Piping Modifications, complete. In Words: ��= r��-J %.d-,��-� ,,.b ,o w� �,s,/��-<� Dollars and ,vo Cents In Figures: $ /,S', moo MIN Item No. 4 - Concrete Lump sum price for Concrete, complete. In Words: sxT�� ✓,�sa� �,� Dollars and ii% Cents In Figures: $ _ 14, 00o w iso Item No. 5 - Masonry Lump sum price for Masonry, complete. In Words:, j hfu��;� �� ,, °`'�„ Dollars and ,(/o Cents In Figures: $ Item No. 6 - Air Compressor r Lump sum price for Air Compressor, complete. In Words: �,yu' A „�,� ,�/�� Dollars and Cents • In Figures: $� 0 M. U Item No. 7 - Electrical Work Lump sum price for Electrical Work, complete. In Words: j ,4i� . s,o �,� Dollars ander Cents In Figures: $ /o 00o ""iso Item No. 8 - Sound -Proof Door Lump sum price for Sound -Proof Door, complete. In Words:.- e T/y .s 4o r', ,c/ -. Dollars and Cents Uu In Figures: $ Item No. 9 - Roofing Lump sum price for Roofing, complete. In Words: �„ e��SA �,� �,� 5 Dollars and Cents In Figures: $ Item No. 10 - Painting Lump sum price for Painting, complete. In Words: Ole Dollars and „�� Cents In Figures: $ I' TOTAL OR GROSS BID IN FIGURES: % y 3 'goo TOTAL OR GROSS BID WRITTEN IN WORDS: �i►C f�/vno^e�Y Gil,! l�`n d �%I'"`-'e- �c:��jAu•, �.�r,+fi� hly�Or�=eY �)c2 and Allo C1-1Vr * Dollars Cents The work performed under this Contract is hereby guaranteed for a period of one (1) year from the date of final acceptance by the Owner. All equipment furnished and installed under this Contract is hereby guaranteed for the same term. The guarantees are in accordance with the requirements contained in the Contract Documents and Specifications. If the Proposal, or any alternate, is accepted, the Contractor will start work within 15 days after the date of the Award of Contract and will complete the work within days from the date of Award of Contract. The Bidder shall submit a list of all materials and equipment which he proposed to install, with his bid, including a copy of the manufacturer's specifications for each item. All items shall be subject to the approval of the Engineer. This Bid may be withdrawn at any time prior to the scheduled time for the opening of Bids or any authorized postponement thereof. The undersigned declare that the only persons interested in this proposal or the Contract proposed to be taken, as principals, are as stated; that this proposal is in all respects made without collusion or fraud; that the undersigned will, within fifteen (15) days after the mailing or delivery of notice of acceptance of this Bid, execute and deliver a Contract in the Form of Contract shown in the Proposal Section of these Contract Documents. NAME OF BIDDER Tromel Construction Corp ADDRESS OF BIDDER 260 W Main Street, P O Box 497P Bay Shore, New York 11706 TELEPHONE NUMBER 516-968-8264 SIGNED BY ' TITLE DATE President February 5, 1992 6-. NON -COLLUSIVE BIDDING CERTIFICATION 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 0 own organization under penalty of perjury, that to the best of his 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 s competition, as to any matter relating to such prices with any other bidder or with any competitor; 0 LJ 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 and prior to opening, directly or indirectly, to any 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 Z - 6 , 19 �i z Tromel Construction Corp. Legal Name of Person, Firm or Co � THE FOLLOWING RESOLUTION FORM MUST BE COMPLETED IF THE BIDDER IS A CORPORATION: Resolved that Thomas V Healy, President,Tromel Construction Corp = (Name and Title of Signator and Name of Corporation) be authorized to sign and submit the Bid Proposal of this corporation for the following project. NC -1 i And to include in such bid the Certificate as to Non -Collusion required by Section 103-D of the General Municipal Law as the act and deed of such corporation and for any inaccuracies or misstatements in such Certificate this Corporate Bidder shall be liable under the penalties of perjury. The foregoing is a true and correct copy of the resolution adopted by Tromel (Name of Construction Corporation at a meeting of its Board of Directors held on the Corporation) day of x=16 _ , 19 '. (SEAL OF CORPORATION) NC -2 TARY) JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 2, 1992 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 WHM Plumbing & Heating Contractors Inc. 6H Enterprise Drive East Setauket, New York 11733 Gentlemen: Bensin Contracting Inc. has executed the necessary contract documents for the Modifications to the Town of Southold Scavenger Waste Treatment Plant at Greenport, therefore, I am returning herewith your 5% Bid Bond. Very truly yours, Judith T. Terry % Southold Town Clerk Enclosure KNOB' ALL MEN BY THESE PRESENTS: W.H.M. PLUMBING & HEATING CONTRACTORS, INC. flat We, the under.ijpeed _ 6H Enterprise Drive, East Setauket, New York 117 33 FIDELITY AND DEPOSIT COMPANY OF MARYLAND as Principal,aiid3o0 Bro_adacres. Dr., Su-!,tQ 200, u1nnmfig&xCty12st New Jersey 07003 FIVE PERCENT (5%N n - m the Penal Sum of hereryheldfirnZlyboaoduntoTOWN OF SOUTHOLD - Main Road�Solltho-j dr taw Park-11?81—for tbC payment of Which, we - and truly to be rr,,-, :e, w-, herebv jointly and sever fly bind ourselves, our heirs, exQNtors, ad.,lin-istratars, Si:cces-zUIs, and assigns, Signed this ---6th _ _ day of February , 1992 THE CONDITIOIN OF THE ABOVE OBLIGATION IS SUCH, that, WHER.E.� the Principal has submitted to TOWN OF sOUTHOr.n a certain bid, attac:,,ed hereto and hereby made a par! hereof, to eater into Contract in writing, for the Plumbing Wk�Tn=fig atiarr ��11_SewaaTao' mont pi Equi2ment and Associated Piping ! 0—OW. THEREFORE, a) ' if said Bid shalt be rejected, or is the Otcatate b) if sed Bid sha_'I be accepted and the Principal shall execute and deliver a:, ,kgreein, ant Ln the form attached hereto (properly completed in accorda:rce %4�lth said Bid) and shall furnish a Bond for his faithful performance of sold Agreement, and for the pa)mert of all persors per:orrn'crS labor or fur. . materials in coanection therexith 2nd shall in all other respects perfo.,, Agrcenitnt created by the 2.ccept:.nc: of said Bid. They this obligation shall be void, othe-rwiae the same shall remain in force G.d effect; it b-eing expr.ssly understood and agreed that the liability of the Surety for any and ail claims hexa nder shall, is no event, exceed the penal amount of ti-h's obligation as herein stated. am The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Oblijee may accept such bid; and said Surety does hereby waive notice of any such extension, IN Wi1TtM WHEREOF, the Principal and the Surety have hereunto set their hands and seals and such of them as are corporations have caused their corporate seals to be hereto affixed and these pr:sents to be signed by their proper officers, the day and year first set forth above. W.H.M. PLUMBING & HEATING CONTRACTORS, INC. Attest;: ` ` PTS Ci�al By' J� !�Z�f� /�L,�%, by; Attest: FIDELITY AND DEPOSIT COMPANY OF MARYLAND tBy Surety By er ^/t Susan Hammel, As -To -Surety Irene Gallehue, Attorney -Ii: -Fact BB -2 Acknowledgment of Corporation State of County of Qn, this day of fffv� C-1 188{ before me personally came '77 147— f6— me known, . who,, being � by me duly, sworn, did depose and say that he resides in that he is "j of the It C�' z- "-Mte� 91,94'J" the corporation describedin and whictvexecuted the attached instrument; that he knows the corporate seal of the said corporation; that the -seal affixed to said instrument ' is such corporate seal; and that it was so affixed by order of the Board of Directors of said Corporation, and that he signed his name thereto by like order. Id TONT ANN RICCIARDI Notary Public. State of New York Notary: Suffolk Co. No. 498009 Comm. Expires April 8, k i .e.ity 110 IE OFFICE STATE OF NEW JERSEY COUNTY oF_—_Essex---------------- and Deposit OF MARYLAND Company BALTIMORE, MD 2120.1 On this6th ----------------- —day of_ -Feb ru a ry Igg 9 2 before me the subscriber, a Notary Public in and for the State of New Jersey, duly commissioned and sworn, personally came_rr e n 2 —TTd 17. eh u e who, being by me duly sworn, on his oath says that he is the Attorney -in -Fact of the Fidelitv and Deposit Company of Maryland, a corporation of the State of Maryland; that he resides in the Town of Bloomfield, State of New Jersey; that he knows the corporate seal of the said Company; that the seal affixed to the foregoing instrument is such corporate seal, and that it was affixed thereto by him as Attorney -in -Fact of said Company; that said instrument was signed by him as Attorney -in -Fact of said Company by order, and as a voluntary act and deed, of said company; that the said Company has duly complied with all the requirements of Chapter 134 of the Laws of the State of New Jersey of the year Nineteen Hundred and Two (1902) as amended; that the good, available assets of said Company exceed its liabilities, as such liabilities are ascertained by the Law of that State and under its Charter to become surety on bonds and obligations such as are mentioned in said Charter; and also has on deposit with the Treasurer of the State of Maryland, good securities worth at least Four Hundred Thousand Dollars ($400,000) held for security of its obligations and has fully paid up, safely invested an unimpaired capital of Four Million Five Hundred Thousand Dollars ($4,500,000); and said Company by a duly executed instrument, filed in the Department of Insurance of the State of New Jersey, has constituted the Commissioner of Insurance of the State of New Jersey, and his successor in office, its true and lawful Attorney, upon whom all original process in any action or legal proceeding against it may be served, and that the following is a true copy of the portion of the By -Laws of said Company authoriz- ing the execution of Bonds on behalf of said Company: "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, con- tracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages, ... and to affix the seal of the Company thereto." Sworn and subscribed to before me this 6th --- -day oI F e b r u a r --------19.9 2 �-- �-� - - - ------ = - ` - - —y----------- y -- - ------------------ L_�%�_ Irene Gallehue This Power�gf"Attorney limits the act of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the Compaw/except in the manner and to the extent therein stated. FLfv1YRA C. i iLi 4't POWER OF ATTORNEY tNOTA R V P ''1 1 J-t'5R1` Fidelity and Deposit Company of Maryland t;?'/ t.i� •. ,,i.,;i a c_. Home Office: Baltimore, Md. KNOW ALL AIEN BY THESE PRESENTS: That the Fidelity and Deposit Company of Maryland, a corporation of the State of Maryland, by C. M. Pecot, Jr., Vice -President and C. W. Robbins, Assis- tant Secretary in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, which reads as follows: "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specifically authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, con- tracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." does hereby nominate, constitute and appoint Louis M. Calucci, Robert J. Miedema, Craig J. Woehr, Joyce A. Lombardi, Ronald J. Plesniarski, Patricia LaRocca, Joanne F. Wasacz, Vera M. Handel, Irene Gallehue, Elizabeth J. Tomasulo, Maria Jinks, Timothy J. Davidow, Lori A. Amatulli and Brenda E. Horne, all of Bloomfield, New Jersey, EACH This Power of Attorney revokes that dated August 2, 1990, on behalf of Louis M. Calucci, Robert J. Miedema, Craig J. Woehr, Joyce A. Lombardi, Teresa F. Allen, Ronald J. Plesniarski, Patricia LaRocca, Joanne F. Wasacz, Linda Donellan, Kathleen Hamilton Cuva, Vera M. Handel, Irene Gallehue, Elizabeth J. Tomasulo, Maria Jinks, Timothy J. Davidow, Paul Matrale, Lori A. Amatulli and Brenda E. Horne, all of Bloomfield, New Jersey, EACH The said Assistant Secretary does hereby certify that the foregoing is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereto subscribed their names and affixed the corporate seal of the said Fidelity and Deposit Company of Maryland, this 17th day of September, 1990. Attest: FIDELITY AND DEPOSIT COMPANY OF MARYLAND (SIGNED) C. W. Robbins By C. M. Pecot, Jr. Assistant Secretary Vice -President (SEAL) STATE OF MARYLAND 'SS-. CITY OF BALTIMORE On this 17th day of September, A.D., 1990, before the subscriber, a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commis- sioned and qualified, came the above-named Vice -President and Assistant Secretary of the Fidelity and Deposit Company of Maryland, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth. and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Baltimore, the day and year first above written. (SIGNED) CAROL J. FADER (SEALI Notary Public My Commission Expires August 1, 1992 CERTIFICATE. I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice -Presidents specifically authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. Resolved; "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this ------ 6th --------- day of --_-------_-Februar _ 19-22- -- =------------- --- - - - ry------------------------ BR(93121d—IM, 9-90 232891 istent Secreta L1-'58ffws)-21,000, 8-91 234566 FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: BALTIMORE, MD. 21203 Statement of Financial Condition AS OF JUNE 30, 1991 The U Companies ASSETS Bonds............................................................................$ 237,876,686 Stocks........................................................................... 207,056,440 Real Estate....................................................................... 7,062,871 Cash in Banks and Offices and Short Term Investments .................................. 4,051,789 Premiums in Course of Collection (less than 90 days old) ................................. 28,918,229 Reinsurance and Other Accounts Receivable ............................................ 15,820,610 TOTAL ADMITTED ASSETS..........................................................$ 500,786,625 LIABILITIES, SURPLUS AND OTHER FUNDS Reserve for Unearned Premiums.....................................................$ 133,714,670 Reserve for Claims and Claim Expenses ............................................... 138,583,545 Reserve for Taxes and Expenses...................................................... 8,743,601 Miscellaneous...................................................................... 7,283,093 TOTAL LIABILITIES................................................................................$ 288,324,909 Capital Stock, Paid Up ........................................ $ 5,000,000 Surplus ...................................................... 207,461,716 Surplus as regards Policyholders...................................................... 212,461,716 TOTAL..........................................................................$ 500,786,625 Securities carried at $4,682,920 in the above statement are deposited as required by law. Securities carried on the basis prescribed by the National Association of Insurance Commissioners. On the basis of June 30, 1991 market quotations for all bonds and stocks owned, the Company's total admitted assets would be $507,637,756 and surplus as regards policyholders $219,312,847. I, JOSEPH J. GALLAGHER, Treasurer of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing statement is a correct exhibit of the assets and liabilities of the said Company, on the 30th day of June, 1991, according to the best of my information, knowledge and belief. reasurer STATE OF MARYLAND CITY OF BALTIMORE } SS: Subscribed and sworn to, before me, a Notary Public of the State of Maryland, in the City of Baltimore, this 31st day of July, 1991. 3. NOTARY �'�]//,.ff,� / PUBLIC -------------u ----.%C-=-4;sem----- aa�* Notary Public My commission expires November 1, 1993. � r , BID SCAVENGER WASTE TREATMENT PLANT MODIFICATIONS TOWN OF SOUTHOLD, NEW YORK Bid of herein after called "Bidder", a —IL -e -- (State) a oing business as corporation/ to G �10 6) hereafter called "Owner". Gentlemen: The Bidder, in for bids -for the having examined the Bidding Documents and the following Addenda (receipt of which if hereby acknowledged): Date Number and the site of the Proposed Work, and being familiar with all of the conditions surrounding the construction of the Proposed Project including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies and to construct the Project in accordance with the Bidding Documents, within the time set forth therein and at the prices stated below. These prices are to cover all expenses incurred in performing the Work required under the Bidding Documents, of which this Proposal becomes a part thereof. PROPOSAL ` TOWN OF SOUTHOLD SCAVENGER WASTE TREATMENT PLANT MODIFICATIONS Item No. 1 - Mechanical Bar Screen Lump sum price for Mechanical Bar Screen, complete. In Words: sixty four thousand seven hundred thirty fiveD011ars and -0- Cents In Figures: $_64,735-00 Item No. 2 - Grit Removal System Lump sum price for Grit Removal System, complete. In words: ' a thousan five hundred and thirty fourpollars and -0- Cents In Figures: $ 10,534-00 Item No. 3 - Odor Control Piping Modifications Lump sum price for Odor Control Piping Modifications, complete. In Words: Thirteen thousand two hundred tan ------- Dollars and -0- Cents In Figures: $ 13,210.00 MN Item No. 4 - Concrete Lump sum price for Concrete, complete. In words: Thirty nine thousand eight hundred sixty oneD011ars and -0- Cents In Figures: $ 39,861.00 Item No. 5 - Masonry Lump sum price for Masonry, complete. In words: Nine thousand four hundred -------------- DO11aiS and -0- Cents In FigureS: $ 9,400.00 Item No. 6 - Air Compressor Lump sum price for Air Compressor, complete. In words: Six thousand one hundred twenty five ------ Dollars and -0- Cents In Figures: $ 6,125.00 M. 11 11 Item No. 7 - Electrical Work Lump sum price for Electrical Work, complete. In Words: Fourteen thousand four hundred and fifty Dollars and =o- Cents In Figures: $ 14,450.00 Item No. 8 - Sound -Proof Door Lump sum price for Sound -Proof Door, complete. In Words: Seven thousand three hundred forty five ---- Dollars and -0- Cents In Figures: $ 7,345-00 Item No. 9 - Roofing Lump sum price for Roofing, complete. In Words: Two thousand one hundred and fifty -------- Dollars and -0- Cents III Figures: $ 2,150.00 Item No. 10 - Painting Lump sum price for Painting, complete. In Words: Eighteen thousand three hundred sixty ------ DollarS and -0- Cents In Figures: $ 18,360.00 TOTAL OR GROSS BID IN FIGURES: $ 246,170-00 TOTAL OR GROSS BID WRITTEN IN WORDS: Two hundred and forty six thousand one hundred and seventy and -0- Dollars Cents The work performed under this Contract is hereby guaranteed for a period of one (1) year from the date of final acceptance by the Owner. All equipment furnished and installed under this Contract is hereby guaranteed for the same term. The guarantees are in accordance with the requirements contained in the Contract Documents and Specifications. If the Proposal, or any alternate, is accepted, the Contractor will start work within 15 days after the date of the Award of Contract and will complete the work within days from the date of Award of Contract. The Bidder shall submit a list of all materials and equipment which he proposed to install, with his bid, including a copy of the manufacturer's specifications for each item. All items shall be subject to the approval of the Engineer. This Bid may be withdrawn at any time prior to the scheduled time for the opening of Bids or any authorized postponement thereof. The undersigned declare that the only persons interested in this proposal or the Contract proposed to be taken, as principals, are as stated; that this proposal is in all respects made without collusion or fraud; that the undersigned will, within fifteen (15) days after the mailing or delivery of notice of acceptance of this Bid, execute and deliver a Contract in the Form of Contract shown in the Proposal Section of these Contract Documents. NAME OF BIDDER ADDRESS OF BIDDER /), � ii TELEPHONE l � ' MIDN's1i DATE I C, //��J /l�-) <{73 -35& J' R W1 Ll- 1,404 R. M A u r F NON -COLLUSIVE BIDDING CERTIFICATION 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 his 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; 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 and prior to opening, directly or indirectly, to any 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 19& Le al Name, of rson, Firm 7TH Corpo a 'on ; j by AA- LIL 1A P V*f--F THE FOLLOWING RESOLUTION FORM MUST BE COMPLETED IF THE BIDDER IS A CORPORATION: (Name and Titl& of Signatbf and Name of /Y( "/�' We 5. be authorized to sign and submit the Bid Proposal of this corporation for the following project. NC -1 3 ud1f 6f SJRbtK And to include in such bid the Certificate as to Non -Collusion required by Section 103-D of the General Municipal Law as the act and deed of such corporation and for any inaccuracies or misstatements in such Certificate this Corporate Bidder shall be liable under the penalties of perjury. The foregoing is a true and correct copy of the resolution adopted by C f rporation), %iC �s �n(&rporation at a meeting of its Board of Directors held own the day of 19 I!L. (SEAL OF CORPORATION) 6orn to me o the _10day of � � 1992 TOM ANN 8 Comma I' Is pN i W 11W C NC -2 JUDITH T. TERRY Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1 179 REGISTRAR OF VITAL STATISTICS Southold, New York 11971 MARRIAGE OFFICER Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 2, 1992 James McCullagh Co., Inc. 75 East Bethpage Road Plainview, New York 11803 Gentlemen: Bensin Contracting Inc. has executed the necessary contract documents for the Modifications to the Town of Southold Scavenger Waste Treatment Plant at Greenport, therefore, I am returning herewith your 5% Bid Bond. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure — Y 'Is 1 , 131D BONI) KNOW ALL NIEN BY 'I HESE, PRESENTS: That Nye, the undersigned JAMES McCULLAGH CO. , INC. as Principal, and INSURANCE COMPANY OF NORTH AMERICA ii.i -Su rG'ty, arc hereby held firmly bound unto TOWN OF SOUTHOLD' in the penal sum of FIVE PERCENT OF TOTAL BID AMOUNT-------- ( 5% OF BID for the payment of which, well and truly to be made,, we hereby jointly and severally bind ourselves, our licirs,executors, administrators, successors, and assigns. Signed this 6th -- Clay Of FEBRUARY 119 92 THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that, WI-IEREAi> the Principal has submitted to TOWN OF SOUTHOLD a certain bid, attached hcrelo and hereby made a part hereof, to enter into a Contract in writing, for the MODIFICATIONS TO TOWN OF SOUTHOLD SCAVENGER WASTE TREATMENT PLANT NOW, THEREFORE, a) if said Bid shall be rejected, or in the alternate b) if said Bid shall be acalpted and the Principal shall execute and deliver an Agreement in the form attached hereto (properly completed iii accordanc(: with said Bid) and shall furnish a Bond for his faithful performance of said Agreement, and for the payment of all persons performing labor or furbishing materials in connection therewith and shall in all other respects perforin thi; Agreement created by the acceptance of said Bid. Then) this obligation shall be, void, otherwise the same shall remairt-in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, ' in no event, exceed the penal amount of this; obligation as herein stated. BB -1 44uY:J:v��'i1,��:y'yr�l�1 The Surcty, for value received, hereby stipulates acid a Tree$ ;aid Surety and its bond shall be iii rio way i111pait'cd aagre ctehat the obligations of he time within which 1110 Ob(igec may accept such bid' an valve notice Of any such cxte:r:� Obligee d by arty (jo ensioIl of d said Surety does hereby K'ITNEss WHEI�Epr� 1110 principal and 1110 Surct ands and seals and such of them as are col�oratials llavc c' :als to be hereto affixed and these Te )Have hereunto set their, 3Y and year first set forth above. p sc nts to be signed by their 1 ruseoper officeir or , the JAMES McCULLAGH CO., INC. ' Principal .� by INSURANCE COMPANY OF NORTH AMERICA Surety �� BY : CHRISTINE MURRA', RNEY IN FACT BB -2 A=0W1EDGD-1ENT BY PRLNTCIPAL, IF A CORPORATION STATE OF NEW YORK COUNTY OF NASSAU On this 6th day of FEBRUARY , 19 92 , before ire personally came WILLIAM H. DOREMUS to me }nom,; to be the person duly sworn did depose and say, that he resides in JERICHO, NY that he is the PRESIDENT of the JAMES McCULLAGH CO., INC. _ the corporation described in and which excuted the foregoing instrument; that he knew the seal of said corporation; that the seal affixed to said instrument was such corporate seal; that it was affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. Sworn before me this 6th day of FEBRUARY 19 92 GAYE CONKLIN Notary Public, State of New York No. 01004982812 Qualified in Nassau C Commission Expires June 10.ounty 9� Notary Public ACKNOWLEDGIMENI' BY SURETY STATE OF NEW YORK COUNTY OF SUFFOLK 6th FEBRUARY 92 On this day of , 19 , before me, the undersigned, a Notary Public in and for said county, personally appeared CHRISTINE MURRAY who is to me well known, who being duly sworn, did depose and say that he resides in ' WEST ISLIP, NY , that he is the Attorney -In -Fact of INSURANCE COMPANY OF NORTH AMERICA , the corporation described in and who executed the written instrument as Surety. That he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was thereto affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. Sworn before me this 6th day of FEBRUARY 19 92 GAYE CONKLIN Notary Public, State of No* York //I No. 01004982812 /�/; -7- Qualified 7Qualified it, Commission Expires June 10, Is Notary Public POWER OF ATTORNEY Insurance Company of North America a CIGNA company w*■ 370947 Know all men by these presents: That INSURANCE COMPANY OF NORTH AMERICA, a corporation of the Commonwealth of Pennsylvania, having its principal office in the City of Philadelphia, Pennsylvania, pursuant to the following Resolution, adopted by the Board of Directors of the said Company on December 5, 1983, to wit: "RESOLVED. That pursuant to Articles 3.18 and 5.1 of the By -Laws, the following Rules shall govem the execution for the Company of bonds, undertaltings, recognizances, contracts and other writings in the nature thereof: (1) That the President, any Senior Vice President. any Vice President, any Assistant Vice President, or any Attomey-in-Fact, may execute for and on behalf of the Company any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereof, the same to be attested when necessary by the Corporate Secretary, or any Assistant Corporate Secretary, and the seal of the Company affixed thereto; and that the President, any Senior Vice President, any Vice President or any Assistant Vice President may appoint and authorize any other Officer (elected or appointed) of the Company, and Attorneys -in -Fact to so execute or attest to the execution of all such writings on behalf of the Company and to affix the seal of the Company thereto. (2) Any such writing executed in accordance with these Rules shall be as binding upon the Company in any case as though signed by the President and attested to by the Corporate Secretary. (3) The signature of the President, or a Senior Vice President, or a Vice President. or any Assistant Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to this Resolution, and the signature of a certifying Officer and the seal of the Company may be affixed by facsimile to any certificate of any such power, and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. (4) Such other Officers of the Company, and Attorneys -in -Fact shall have authority to certify or verity copies of this Resolution, the By -Laws of the Company, and any affidavit or record of the Company necessary to the discharge of their duties. (5) The passage of this Resolution does not revoke any earlier authority granted by Resolutions of the Board of Directors adopted on June 9,1953. May 28,1975 and March 23,1977.' does hereby nominate, constitute and appoint WILLIAM A. MARINO, DAVID W. ROSEHILL, GEORGE O. BREWSTER, VINCENT A. WALSH, ERNEST W. (ARFT.T,A, CHRISTINE MIJRRAY, EILE EN GROSSMAN, and FRANCIS X. FRAMER, all of the City of Roslyn Heights, State of New York------__��— O CL O Y � to U to � C N � U O O O L co ()) > 670 OO L OO o(l) C� a3 6 0) rn (a (3) CM O O C N O Rf '0 9, > C O Z� U _, each individually if there be more than one named, its true and lawful attorney-in-fact, to make, execute, seal and deliver on its behalf, and as its act and deed any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereof in penalties not exceeding FORTY SIX MILLION --- ______ _— _DOLLARS ($ 46,000, 000. ) each, and the execution of such writings in pursuance of these presents, shall be as binding upon said Company, as fully and amply as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office. IN WITNESS WHEREOF, the said R. E. Giveans, Vice -President, has hereunto subscribed his name and affixed the corporate seal of the said INSURANCE COMPANY OF NORTH AMERICA this day of December a♦' w i COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF PHILADELPHIA 18 h 19 INSURANCE COMPANY OF NORTH AMERICA c R. E. GIVEANS, Vice President On this 18th day of Deceinber ,A.D. 19 91 , before me, a Notary Public of the Commonwealth of Pennsylvania in and for the County of Philadelphia came R. E. Giveans, Vice -President of the INSURANCE COMPANY OF NORTH AMERICA to me personally known to be the individual and officer who executed the preceding instrument, and he acknowledged that he executed the same, and that the seal affixed to the preceding instrument is the corporate seal of said Company; that the said corporate seal and his signature were duly affixed by the authority and direction of the said corporation, and that Resolution, adopted by the Board of Directors of till? pany, referred to in the preceding instrument, is now in force. IN T�Rl N141}�JHf(J�I I have hereunto set my hand and affixed my official seal at the City of Philadelphia the day and year first above %p2i�t` L(" t,ON�V� J' NOTARIAL SEAL 'A. /0�� "9�� CARRIE FA RAYSOR, Notary u' r (SEAL)= * U O F S _ Philadelchia, Philadelphia Court j, PA Notary Public \� * My Commission Exoire3 October 30, '905 I, the underseed~,�S tID1C�1NCE COMPANY OF NORTH AMERICA, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a f!dkt/ earic� , �r�t��t'Copy, is in full force and effect. In witness whereof; f ��i�s�t hereunto subscribed my name as Secretary, and affixed the corporate seal of the Corporation, this ♦> 6th day of FEBRUARY t9 92 Darryl F. Taylor Secretary THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER December1R, 1991 BS -33363b Ptd. in U.S.A. STATE OF COUNTY OF On this day of , 19 , before me personally appeared to me known who, being by me duly sworn. did depose and say.: That he resides in ; that he s Attorney -in -Fact of the INSURANCE COMPANY OF NORTH AMERICA, the corporation described in and which executed for foregoing instrument: that he knows the corporate seal of the said Corporation: that the seal affixed to said instrument is such corporate seal: that it was so affixed by order of the Board of Directors of said Corporation: and that he signed his name thereto as Attorney -in -Fact by order of the Board of Directors of said Corporation; and the deponent saith further that the Superintendent of Insurance of the State of New York has, pursuant to Section 327 of the Insurance Law of the State of New York, issued to the INSURANCE COMPANY OF NORTH AMERICA his certificate that said Company is qualified to become and be accepted as surety or guarantor on all bonds. undertakings and other obligations or guarantees, as provided in the Insurance Law of the State of New York and all laws amendatory thereof and supplementary thereto: and that such certificate has not been revoked; and that the assets of said Company, unencumbered and Fable to execution exceed its debts and liabilities of every nature whatsoever, by Six Hundred Nineteen Million Dollars (S6 19.000,000) . Witness my hand and seal the day and year aforesaid: (Seal) COPY OF RESOLUTION BE IT REMEMBERED, that at a meeting of the Board of Directors of the INSURANCE COMPANY OF NORTH AMERICA, duly called and held at . the office of the Company, in the City of Philadelphia, State of Pennsylvania, on the 5(h day of December, 1983, a quorum being present, the following Resolution was duly adopted: RESOLVED. That pursuant to Articles 3. 18 and 5. 1 of the By -Laws the following Rules shall govern the execution for the Company of bonds. undertakings. recognizances, contracts and other writings in the nature thereof: ( 1) That the President, or any Senior Vice President, any Vice President, any Assistant Vice President, or any Attorney -in -Fact, may execute for and on behalf of the Company any and all bonds, undertakings, recognlzances, contracts and other writings in the nature thereof, the same to be attested when necessary by the Corporate Secretary, or any Assistant Corporate Secretary and the seal of the Company affixed thereto: and that the President, any Senor Vice President, any Vice President. or any Assistant Vice President may appoint and authorize any other Officer (e!ected or appointed) of the Company, and Attorneys -in -Fact to so execute or attest to the execution of all such writings on behalf of the Comoany and to affix the seal of the Comoany thereto. (2) Any such writing executed in accordance with these Rules shall be as binding upon the Company as though signed by the President and attested to by the Corporate Secretary. (3) The signature of the Pres dent, or a Senor Vice Pres cent. or a Vice President, or an Assistant Vice President and the seal of the Comoany may be affixed by facsimile on any power of attorney granted pursuant to this Resolution, and the signature of a certifying Officer and the seat of the Company may be affixed by facsimile to any certificate of any such power, and any such power or cenificate bearing such facsimile signature and seal shall be valid and binding on the Company. (4) Such other Officers of the Company, and Attorneys -in -Fact shall have authority to certify or verify copies of this Resolution, the By -Laws of the Company, and any affidavit or record of the Company necessary to the discharge of their duties. (5) The passage of this Resolution does not revoke any earlier authority granted by Resolutions of the Board of Directors adopted on June 9. 1953, .May 28, 1975, and March 27. 1977. Financial Statement December 31, 1990 Assets Bonds ........ S 1.718.033.028 Short -Term Investments ........ 197.570.338 Stocks ......................... 813,827,695 Real Estate ...................... 10,691,957 Cash on Hand and in Bank ............ 20.739,086 Premium in Course of Collection' ........ 243,317,190 Interest Accrued ............... . ... 41,31 7,067 Other Assets ..................... 1,843,417,17 7 TOTAL ASSETS ............... S4,888.913.538 (*Excludes premiums more than 90 days due.) Liabilities Reserve for Unearned Premiums .... .... S 718,01 1,306 Reserve for Losses .................. 3,179.361 .406 Reserve for Taxes .................. 10,821 ,325 Funds Held Under Reinsurance Treaties .. . 0 Other Liabilities .................... 360.756,532 TOTAL LIABILITIES ........... . 4,268,950,569 Capital: 1 1,357,109 Shares. S5 par value 56,785.545 Capital: Paid In .................... 533,382,275 Surplus (Unassigned) ................ (20.204.855) SURPLUS TO POLICYHOLDERS .... 619,962.965 TOTAL ................ S4.888,913.534 Its hereby certified that CHRISTINE MURRAY has been appointed Attorney -in -Fact of the INSURANCE COMPANY OF NORTH AMERICA at', ROSLYN, NY that said appointment is in full force and effect as of the date hereof, that said appointment was made under and by authority of the foregoing Resolution, or one of the aforementioned earlier Resolutions, which said Resolution has been compared by me with the original thereof as recorded in the minute book of said Comoany and is a true and correct transcript thereof and is in full force and effect, and that the foregoing is a true and correct statement of the financial condition of the said Company, as of December 31 , 1990. IN FEBRUARY HE1Rg c1F2 I have hereunto set my hand and affixed the seal of said corporation this 6th day of Secrerary 3S -15581k Pic n USA Y i t co) s .. . r 4 LU J. 9 Fin i_ 1.^i �... ''`- L.... ....._W.. .? f...f ��[ as}� 1 I l r-1 r=l ; }''w`-,,,,si 1„1t1 `' r7"N r7-3 71 i'Wu.+w-..*' ...e ........w...v,. ............a._.o. ... V ..-J .. ._ ._, ...._........ ... ..... .. �« ...... .` ....<...J _..a.......a..wr.n ...-.«tl1 _.. .......,..a..J Vi KEY MAP LIST OF DRAWINGS s E7 COVER SHEET SUPERVISOR �� v to'&FTN oP 9`MGM ; o��o --"', 25 o ST 1 INFLUENT/GRIT CHAMBER SCOTT L. HARRIS , , N REMOVAL PLAN COUNCIL MEMBERS �� = �.� itvA► oe�OPD z and a - E, a , Lake STPEfT 'SE �,EP>}N� �, y ee 2 INFLUENT/GRIT CHAMBER � 1, -•- � ' G- S r,G do � W C H M RUTH D. 0 res 1 '•�22 aRT� 25'xol ® h REMOVAL SECTIONS THOMAS H. I K A OLIVA Moi l Ef C .r CE ' 0 GEORGE L. PENNY IV y, 'STREET -, p e'Y �J` /' 3 INFLUENT GRIT CHAMBER E-iLLEN M. LATSON r s..a� N „aRi" = 2 Y / .yaltr _ J (MADISON Sy ST r �;' SITE z i .MS si ,� NEW PLAN W. EDWARDS i , < NJ RAYM0ND ✓ / SiR�/ j `RONt.° 4 INFLUENT GRIT CHAMBER _..- `` TOWN CLERK �i �:� y 25 a ,' PARTIAL PLANS AND DETAILS > � % 114 JUDITH TERRY ,, -_ H' z SiREEi 5 SECTIONS AND DETAILS t 1 ♦ C )5 Wi ,}NS H I Z t5O'ND o/,� JJ Z I S1 'ni`�f] / 1 Iy (1pW N /y V "`"' SiREI I ^% 6 ELEVATIONS AND SECTIONS 25 ;i (/NNEi BpOWN ST FIs >. i 7 INFLUENT GRIT CHAMBER ELECTRICAL PLAN 8 IMPROVEMENTS TO EQUALIZATION TANK PLAN AND SECTIONS P R K TP A R"E""D Rry* r T,�, Ei , a Lt it ', `7 7 j �f T - v 0j,,,77,7\ E, T, i �U A I i 8 DIRECTORY: SOUTHOLD FILE NAME: HW—NPLAN DATE: 05 /21/91 PLOT SCALE: 3 8 ! 1'-0" se>�ewae� NO. I DATE NEW GYPSUM \ WALLBOARD PARTITION WALL NEW AIR COMPRESSOR 3' X 6' X 6" HIGH CONCRETE PAD ROUGHEN EXISTING SLAB SLAB AND EPDXY COAT PRIOR TO POURING 1" GATE VALVE 1" UNION-----/ i DRIP TRAP I REVISION DESCRIPTION I INT. EXISTING 2"0 WATER SERVICE AND RPZ BACKFLOW PREVENTER NEW SLIDE GATES (SEE DETAIL DWG N0. 4) —� CONNECT NEW 1"0 WATER TO EXISTING GATE VALVE ON RISER 1" WATER SCOUR PIPE. RUN AT :: CEILING 1" AIR LIFT AND AIR SCOUR PIPE RUN AT CEILING--� INSTALL NEW 2" X 1" RED. TEE ON EXIST 2" AIR PIPE NEW 6"0 OVERFLOW PIPE 5 NEW 4' DIA. GRIT CHAMBER — 4"0 PLUG VALVE- 470 ALVE-4"0 PIPE 4'0 TEE --- EXTEND EXISTING 1-1/2"0 PVC DRAIN \ PIPE AS SHOWN— INSTALL NEW HOT AND COLD WATER 7'-0" PIPES TO RELOCATED WATER HEATER 0 PROVIDE 2 ESCUTHEON 6 00 PLATES FOR EXISTING 470 -- PIPE PENETRATIONS EXISTING 2"0 AIR PIPE TO GRIT CHAMBER EL. 25.50' EXISTING 4"0 AIR PIPE I CE EL. 25.50' NEW 1"0 B.I. AIR PIPE TO DIAPHRAGM PUMP � EL. 26.00' RELOCATE HOT WATER I HEATER AS SHOWN �• t N EW 3' X 6'— 8" FIBERGLASS 1 DOOR t � t EXISTING ODOR CONTROL UNIT UNAUTHORIZED ALTERATION OR ADDITION TO THIS DOCUMENT IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. PROJECT ENGINEER: DRAWN BY: KD MA DESIGNED BY: CHECKED BY: MA JDC 9 ' 7 EXTEND EXISTING 1-1/2-0 PVC DRAIN PIPE AS SHOWN ----------- +/4 -------.. I I � I I I I t I I ' I �.,ZUBBER TOWER TO ROOF PLAN AT ELEV 19.50' SCALE: 3/8" = 1'-0" '0 CAMERON ENGINEERING, P.C. UNIONDALE, NEW YORK SMITHTOWN. NEW YORK CUT NEW ROCK TRAP IN EXISTING CONCRETE EXISTING AIR BLOWER NEW ROTAMAT BAR SCREEN �— 1" SPRAY WASH HOSE CONNECT TO ROTAMAT 1" SPRAY WASH & FLUSHING WATER TO ROTAMAT ROTAMAT MOUNTING SUPPORT LEGS. SEE DETAIL DWG NO 4 INSTALL NEW CHK'D PLATE COVER �— 470 90' LR ELL (TYP) 4" X 3" RED. 5 s �— NEW AIR OPERATED DIAPHRAGM PUMP 15" x 13" x 12" HIGH CONCRETE PAD �— 1"0 GATE VALVE 1"0 UNION FILTER REGULATOR LUBRICATOR DRIP TRAP I Z W "' T 1 0 CD 7— x x Z Li NEW GRIT 0 0- CONVEYOR r� NEW CYCLONE GRIT CONCENTRATOR NEW 1"0 B.I. AIR�PIPE TO DIAPHRAGM PUMA. � EL. 26.00' �\ EXISTING 12"0 AIR INTAKE FROM GRIT CHAMBER �. EXISTING 12"0 AIR INTAKE FROM EQUALIZATION TANKS IMPROVEMENTS TO SCAVENGER WASTE TREATMENT FACILITY TOWN OF SOUTHOLD WASTE WATER DISPOSAL DISTRICT NEW 6"0 BYPASS PIPE (� EL. 21.08' NEW 6"0 OVERFLOW PIPE q EL. • EXISTING FIN. FL. EL. 19.00' 8" CONCRETE BLOCK WALL NEW 6' X 8' OVERHEAD DOOR I 6A mmmit 0 I � I 0 EXISTING 12"0 PVC ODOR CONTROL PIPING NEW 6"0 PLUG VALVE DRIVE UNIT t I m 2� L ROTATING TURBINE q a GRIT CHAMBER AIRLIFT 0 SECTION 5-5 SCALE: 3/8" = 1'-0" INFLUENT/GRIT CHAMBER NEW PLAN I�:yl CONCRETE FI LL 1" X 1/2- RED. BUSHING 1/2- NIPPLE 1/2" HOSE ADAPTER 1/2"0 NYLON FLEXIBLE HOSE CONNECT 1/2- HOSE TO DIAPHRAGM PUMP NEW 470 GRIT PIPE TO DIAPHRAGM PUMP. (� EL. 19.00' NEW 1"0 SOLENOID VALVE NEW 1" AIR PIPE 3'-6" A.F.F. INSTALL NEW CHK'D PLATE COVER (SEE DWG. NO. 4) EXISTING FIN. FL. EL. 17.50' EXISTING GRADE EL. 17.00' — NEW GRIT CHANNEL NEW 48"0 GRIT CHAMBER. DIMENSIONS AS PER MANUFACTURER PROJECT NO. DRAWING NO. CE -091A DATE: AUGUST, 1991 SCALE- r) 3/8" = 1'-0" DR OF OF NG m DIRECTORY: SOUTHOLD RLE NAME: HW-SPLAN DATE: 05/21/91 PLOT iSCALE: 318" - 1'-0- N0. 1 DATE NEW S (SEE C DWG.) ALUMIN PLATE THIS D CRETE FILL ANCHOR X 12" NP) X 6" PARTIAL PLAN CHANNEL LOCATIONS SCALE: 3/4" = 1'-0" 0 I 1N 1 (V UNAUTHORIZED ALTERATION OR ADDITION TO THIS DOCUMENT IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. PROJECT ENGINEER: DRAWN BY: KID MWN DESIGNED BY: CHECKED BY: KD JDC I ' 1 i I I t i , I I I .��•ir� ?TTiT l: ST��y � I NEW SLIDE GATES (SEE DETAIL THIS DWG.) PARTIAL PLAN CHECKERED PLATE COVER SCALE: 3/8" = 1'-0" ;TALL NEW CHK'D 4TE COVERS AS OWN OVIDE HAND GRIPS R PLATE REMOVAL PER PLATE) 5" TYPICAL 1/2- X 1/4 - ALUMINUM /4"ALUMINUM BAR 114!' ALUMINUM CHK'D PLATE 2" X 2" X 1/4" ALUMINUM ANGLE 1 /8" X 1" X 4" ALUMINUM PLATE AT 18" O.C. MIN 2 PER SIDE WELD TO ANGLE CHECKERED PLATE MOUNTING DETAIL SCALE: 3" = 1'-0" 1-1/2" X 6" OVAL SLOT 3/8" ALUM WEIR PLATE M I N SLIDE GATE SCALE: 3/47= 1'-0" WEIR v -O" HLVM vRvvJE SIDE GROOVE DETAIL HALF SCALE SLIDE GATE DETAILS SECTION 7-7 SCALE: 1"= 1'-0" 1'-9" 125' 1/4" BENT ALUMINUM BAFFLE PLATE 30" HIGH ALUMINUM BAFFLE PLATE DETAIL SCALE: 1-1/2" = 1'-0" I�/PROVEMEhlTS TO SCAVENGER WASTE TREATMENT FACILITY . CAMERON ENGINEERING, P.C. TOWNh! OF SOUTHHOLD UNIONDALE, NEW YORK S1dffHTOWN, NEW YORK WASTE WATER .DISPOSAL DISTRICT 6" x PLAT " SS ANCHOR TS (TYP) WEIR HLUM vRUUJE BOTTOM GROOVE DETAIL SCALE: 6"= 1'—O" t� w z J (D z z TYPICAL DRIP SECTION 8-8 SCALE: 1"= 1'—O" TRAP DETAIL NO SCALE 1"0 B.I. PIPE 1"0 GLOBE ✓ALVE STEEL 6" X 14" X 6" PLATE (/TYP) OLTSS(Np�CHOR PROJECT NO. DRAWING NO. CE -091A INFLUENT/GRIT CHAMBER DATE: PARTIAL PLANS AND. DETAILS JULY 1991 SCALE: AS SHOWN DRAWING OF - -- - - - -1 120V I 2G I Cf r - - - - SOLENOID VALVE LIST z y 1 w m REUSE EXISTING GRIT SCREEN MOTORfNFL'JENT SCREEN SPRAY -' -- - - --- -- -- - - - - O Y NASH i ---- CONTROL FOR NEW GRIT DEWATERI dG CONVEYOR ?` _-- SOLENOID VALVE F_ ' EX;STING 120,'240V ^J iiNF_ U-NT SCREEN WATERI'4G CHAMBER FLUSHDISTiRBU7ON PANEL DE w SOLENOID VALVE U S3 GRIT CHAMBER A.iR SCOUR SOLENOID ',,'A -'VE 2 SPARES AVAILABLE S1 -�� GRIT E�CODr�`ALVE BER IR LIFT S0 O S2 o GR;T CHAMBER. WATER SCOUR '—HEW — NEW CONTROL PANEL GRIT PUMP AIR SUPP' .I. w �� 1 SOLENOID VALVE S3 54 Qp I - --- - ---- - T P 2 - ; l RJB r r �' �_CT EXISTING W ES ,4WD EXTEND ' / WIRI�� TO RELOCATED WATER HE/JER- ` c 2_D LEGEND P. EXISTING /20/2407 DISTRIBUTION PANEL P2 EXISTING MOTOR CONTROL CENTER MCP MOTOR CIRCUIT PROTECTOR S1 - S SOLENDID 'VALVES ifUNCTION ByX - SWITCH - - -- - - ViN EXTEP'OR LIGHT FIXTURE ---------- INTERIOR LIGHT FIXTURE I0 I 2 H. I I L EXPOSED CONDUIT C10R": SOIJTHOLD i I: E ',AMC: H'%--EPLA'J DATE: ^,A'? 5/91 Fr t , " _ -0' NO. DATE REVISIC = ^F7SCRIPTION ItiT. EXIJi iNG C-KANG" To MC[ ✓MG 480V, 30 BUSS No SCALE r----- - - ---- - - - - -- - - --- - - - - -- - - ---------- - - -----� I0 I 2 H. I I P. 2 H.P. MCP PLAN AT ELEV 19.50' SCALE: 3/8" = 1'-0" UNAUTHORIZED ALTERATION OR ADDITION TO THIS DOCUMENT IS A VIOLATION OF SEC?ION 7209 OF THE NEW YORK STATE EDUCATION LAW. PROJECT ENGINEER: DRAWN BY: KD MWN DESIGNED B": CHECKED RY: KD JDC CAMERON ENGINEERING, P.C. UNIONDALE, NEW YORK SMITHTOWN, NEW YORK, �G CR1 —cs 1 —4(:-- CR2 - CS2 > U G CR3 por- I S3 /CRI' I �G CR4 OJF'r I - S4 CIA -4:G ORB — CS5 p o �-r G CRG p �) FF -CS6 CR7 poF= J G 0� CR8 pc)r- OF'V R GR9 00 G Ol N n 7Z" �Li w< J � ch U a_ L u) cn w m �O U U Ln �� CD Q (NIOTCR 0� `I J I HP -RATED HP -RATED HP -RATED STARTER MOTOR CONTROL ---- - - -----� CFNTER I f T T T MOTOR M -070R IMIDTOR STARTER STAR T EP STAN: T ER I I i L---- — —---------- — ————— — — — — -- — — ----� I 2 H. P. 3 H. P. INFLUEr�T GR;T GRIT SCREEN CHAMBER DEWATERING DRIVE CONVEYOR MOTOR CONTROL WIRING DIAGRAM NO SCALE IMPROVEMENTS TO SCAVENGER WASTE TREATMENT FACILITY TOWN OF SOUTHOLD WASTE WATER DISPOSAL DISTRICT INFLUENT/GRIT CHAMBER ELECTRICAL PLAN AIR COMPRESSOR z 0 ` U = VJ U �Q G a- � d CL N LL Qr O Q F -- Z w w �w U z U� LY LlI m 1w E 0 Z- or [Y 0 w �- �r OLw0 00U PRESSURE SWITCH ON COMPRESSOR PROJECT N^,. DRAWING NO. CE -091A DATE: AUGUST, 1991 SCALE: AS SHOWN DRAWOF ING I CONTROL PANEL EXIJi iNG WIRING DIAGRAM 480V, 30 BUSS No SCALE r----- - - ---- - - - - -- - - --- - - - - -- - - ---------- - - -----� I0 I 2 H. I I P. 2 H.P. MCP 3 H. 10 P. 0I —MCP 5 H.P. MCP I I �R8 'R8 ^P9 CP9 ''R9 (NIOTCR 0� `I J I HP -RATED HP -RATED HP -RATED STARTER MOTOR CONTROL ---- - - -----� CFNTER I f T T T MOTOR M -070R IMIDTOR STARTER STAR T EP STAN: T ER I I i L---- — —---------- — ————— — — — — -- — — ----� I 2 H. P. 3 H. P. INFLUEr�T GR;T GRIT SCREEN CHAMBER DEWATERING DRIVE CONVEYOR MOTOR CONTROL WIRING DIAGRAM NO SCALE IMPROVEMENTS TO SCAVENGER WASTE TREATMENT FACILITY TOWN OF SOUTHOLD WASTE WATER DISPOSAL DISTRICT INFLUENT/GRIT CHAMBER ELECTRICAL PLAN AIR COMPRESSOR z 0 ` U = VJ U �Q G a- � d CL N LL Qr O Q F -- Z w w �w U z U� LY LlI m 1w E 0 Z- or [Y 0 w �- �r OLw0 00U PRESSURE SWITCH ON COMPRESSOR PROJECT N^,. DRAWING NO. CE -091A DATE: AUGUST, 1991 SCALE: AS SHOWN DRAWOF ING