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HomeMy WebLinkAboutPike Street Southold Town Board - Letter Board Meeting of March 27, 2018 RESOLUTION 2018-294 Item # 5.24 �3 ADOPTED DOC ID: 13960 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-294 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 27, 2018: RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Concrete Plus, Inc. in the total amount of$33,610.00 for the Pike.Street Parking.Lot Improvements, Mattituck; and be it further RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement between the Town of Southold and Concrete Plus, Inc. in the total amount of$33,610.00, subject to the approval of the Town Attorney. 2?� Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: James Dinizio Jr, Councilman SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans,Russell Generated March 27, 2018 Page 40 g�FFO[,� ELIZABETH A. NEVILLE,MMC �O�A C� Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER �,� ® ��� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ��,� �`1 www.southoldtownny gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 2, 2018 Carl Vaccaro Concrete Plus Inc PO Box 155 East Islip,NY 11730 Dear Mr Vaccaro: Congratulations. At the regular Town Board meeting held on March 27, 2018, the Town Board accepted the bid of Concrete Plus Inc. for the Pike Street Parking Lot Improvements. A certified copy of the resolution is enclosed. The bid deposit will be returned to you. Thank you for your bid. Very truly yours, MVV` Lynda M Rudder Deputy Town Clerk Ens. ELIZABETH A. NEVILLE,MMC 0� C��l Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS � Fax(631)765-6145 MARRIAGE OFFICER ,y ��. Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER �0,� �`D.. www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN-OF SOUT14OLD April 2, 2018 Bob Panchak KJB Industries Inc 58 Tyler Drive Riverhead, NY 11901 Dear Mr. Panchak: At the regular Town Board meeting held on March 27, 2018, the Town Board accepted the bid of Concrete Plus Inc. for the Pike Street Parking Lot Improvements. A certified copy of the resolution is enclosed. The bid deposit will be returned to you. Thank you for your bid. Very truly yours, Lynda M Rudder Deputy Town Clerk Ens. suFFoc� ELIZABETH A. NEVILLE,MMC 0� CQ Town Hall, 53095 Main Road TOWN CLERK CP.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS v Fax(631)765-6145 MARRIAGE OFFICER Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER �Ol �`�� www.southoldtowmy.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 2, 2018 Dan O'Hanlon Carter-Melence, Inc PO Box 907 Sound Beach,NY 11789 Dear Mr. O'Hanlon: At the regular Town Board meeting held on March 27, 2018, the Town Board accepted the bid of Concrete Plus Inc. for the Pike Street Parking Lot Improvements. A certified copy of the resolution is enclosed. The bid deposit will be returned to you. Thank you for your bid. Very truly yours, Lyn a M Rudder Deputy Town Clerk Ens. ELIZABETH A. NEVILLE,MMC y0 Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS 0 Fax(631)765-6145 MARRIAGE OFFICER ,y ® ��. Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER �0,� �`Z► www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER ; OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 2, 2018 Paul Golofaro Quintal Contracting Corp 359 Main Street, Suite 1B Islip,NY 11751 Dear Mr. Golofaro: At the regular Town Board meeting held on March 27, 2018, the Town Board accepted the bid of Concrete Plus Inc. for the Pike Street Parking Lot Improvements. A certified copy of the resolution is enclosed. The bid deposit will be returned to you. Thank you for your bid. Very truly yours, Lynda M Rudder Deputy Town Clerk Ens. �$uFFoc,� ELIZABETH A. NEVILLE, MMC ,10 CQ Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 CA Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER �,f► ��� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER �01 �`1 www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD BID OPENING Pike Street Parkins,Lot Bid Opening 3/15/18 2:00 PM Four (4) bids received Carter-Melence, Inc $ 62,512.00 PO Box.%7 Sound Beach, NY 11789 Dan O'Hanlon 631/744=0127 Quintal Contracting Corp 77,681.00 359 Main Street, Suite 113 Islip, NY 11751 Paul Golofaro 631/665=0429 Concrete Plus Inc 33,610.00 PO Box 155 East Islip,NY 11730 Carl Vaccaro 631/581=3221 KJB Industries Inc 67,076.00 58 Tyler Drive Riverhead, NY 11901 Bob Panchak 631/727-5600 VENDOR NAME:�6 w C&-.e- VENDOR v.eVENDOR INFORMATION SHEET TYPE OF ENTITY:CORP.7 PARTNERSHIP INDIVIDUAL FEDERAL EMPLOYEE ID #:U—ca) l 1;�s OR SOCIAL SECURITY#: DATE OF ORGANIZATION: Z un_ IF APPLICABLE: DATE FILED: STATE FILED: J, If a non-publicly owned Corporation: C7,pAtje� lAfe, . CORPORATION NAME: � LIST PRINCIPAL STOCKHOLDERS: (5% of outstanding shares) LIST OFFICERS AND DIRECTORS: NAME T�TLE II (AA, tL(Lk.o 1r2SbA.�t, 1 If a partnership: PARTNERSHIP NAME: LIST PARTNERS NAMES: Proposal Package 3 of 9 11 ADDRESS RECORD FORM MAIL BID TO: VENDOR NA eci-v Clot ADDRESS: A0 u I CONTACT: cc TELEPHONE: 3( f�� -3 2 Z 6 3 i Ny 5-16AX: E-MAIL: 9655 t s S 2 v u2 / " /"6L). c o 4�%. ONLY if different - MAIL PURCHASE ORDER TO: ADDRESS: TELEPHONE: FAX: CONTACT: E-MAIL: ONLY if different - MAIL PAYMENT TO: ADDRESS: TELEPHONE: FAX: CONTACT: E-MAIL: Proposal Package 4 of 9 VENDOR NAME: e6lvcir&'� ASSUMED NAME CERTIFICATION *If the business is conducted under an assumed name, a copy of the certificate required to be filed under the New York general business law must be attached. ASSUMED NAME: If the bidder is an individual, the bid must be signed by that individual; if the bidder is a corporation, by an officer of the corporation, or other person authorized by resolution of the board of directors, and in such case a copy of the resolution must be attached; if a partnership, by one of the partners or other person authorized by a writing signed by at least one general partner and submitted with the bid or previously filed with the Purchasing Agent. The-submission of this constitutes a certification that no Town Officer has any interest therein. (Note: In the event that any Town Officer has any such interest, the full nature thereof should be disclosed below. It is not forbidden that individuals working for the Town of Southold or other municipality bid on contracts only that such interest be revealed when they do bid.) INSURANCE STATEMENT Bidder agrees as follows -please mark appropriate box: Insurance Certificate as requested is attached I certify that I.can supply insurance as specified if awarded the bid Insurance Certificate filed on4'ATE FAILURE TO PROVIDE SPECIFIED INSURANCE D++ISQUALIFY BIDDER. AUTHORIZED SIGNATURE Proposal Package 5 of 9 'AFFIDAVIT OF NON-COLLUSION I hereby attest that I am the person responsible within my firm for the final decision as to the prices(s) and amount of this bid or, if not; that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: 1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication. or agreement for the purpose of restricting competition with any other contractor, bidder or potential bidder. 2. Neither the price(s), nor the amount of this bid, have been disclosed to any other firm or person who is a bidder or potential bidder on this project, and will not be so disclosed prior to bid opening. 3. No attempt has been made or will be made, to solicit, cause or induce any firm or person to refrain from bidding on this-project, or to submit a bid higher than the bid of this firm, or any intentionally high or non-competitive bid or other form of complementary bid. 4. The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from any firm or person to submit a complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase of materials or services from any other firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by an firm or person to refrain from bidding or to submit a complementary bid on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materialsor services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any project, in consideration for my firm's submitting a complementary bid, or agreeing to do so, on this project. 7. I have made a diligent inquiry of all members, officers, employees, and agents of my .firm.with responsibilities relating to the preparation, approval or submission of my firm's bid on this -project and have been, advised by each of them that he or she has not participated in any communication, consultation; discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in this affidavit. ag,atZurea on signing this bid, under the penalties of perjury, affirms the truth thereof. Yf SWORN TO BEFORE_ ME THIS Company Position ` /�J p,,'` 641.11 V k((4•✓1, v-.e V o l...,, �/�& 4 4h�' Q•AF 20 �0 Type Name&Company Positiioo (�D�G/PT /,CICS 4G. Company Name =. -NOTARY PUBLIC BONNIE PSI NOONE Date Signed NOLVPublic,State ofNew Yol,c 3�' Quell In Suffolk C un4 Commleelon ares&--1130,2 Federal 1.13 Number _ Proposal Package 6 of 9 THE PROPOSAL FORM Pike Street Parking Lot Improvements VENDOR NAME: �U N C ✓�'� �S r#J (_ VENDOR ADDRESS: EMLY U), TELEPHONE NUMBER: X 2 l ff l— 3 Z 21 FAX: 641 _SW S Z 2 The undersigned, bidder has carefully examined the Contract Documents and will provide all necessary labor, materials, equipment and incidentals as necessary and called for in the said Contract Documents in the manner prescribed therein and in said Contract, and in accordance with the requirements of the Engineer, at the prices listed on the attached Bid Proposal-Form. If the bidder is an individual, the bid must be signed by that individual; if the bidder is a corporation, the bid must be signed by an officer of the corporation, or other person authorized by resolution of the board of directors, and in such-case a copy of the resolution must be attached; if a partnership, by one of the partners or other person authorized by a writing signed by at least one general partner and submitted with the bid documents. The submission of this constitutes a certification that no Town Officer has any interest therein. (Note: In the event that any Town Officer has any such interest, the full nature thereof should be disclosed below. It is not forbidden that individuals working for the Town of Southold or other municipalities bid on contracts,but only that such interest be revealed when they do bid.) The undersigned hereby acknowledges receipt of the following Addenda (if none were issued please write N/A below): Addeivaum No. Dated P Proposal Package 7 of 9 Pike Street Parking Lot Improvements Itemized Proposal for: Town of Southold ITEM NO ESTIMATED DESCRIPTION OF ITEM UNIT BID PRICE EXTENDED AMOUNT BID QUANTITY (Fill in Unit Price Written in Words) DOLLARS CENTS DOLLARS CENTS Demolish Existing Co cre(ttee Sidewalks 13-4 1 1 for ince f 4��sin— ' ))&,f /LS Dollars "Cents Raise Existing Castings to Finished 4�1_� /EA Grade for , 2 s -rw o Gt,�Rl�-el �✓�+�. `7 o f Z-70.0. G,� Dollars Cents Install Concrete Curbing 3 512 LF l 1 2 1 for-73 w DJ�' 3D oC0,0/LF 0U liars Cents ' Install Concrete Aprons 4 200 SF for 6 w wy l`�1 /SF 00 Dollars Cents Install Concrete Sidewalks 5 1,050 SF for Q h� w o- \ ` /SF /3�� Dollars Cents /� Install Concrete Islands for \ 6 120 SF Ill oo ll�. � 1 /SF / Dollars Cents TOTAL BASE BID Items(Add All Items) ref OtcJ trX Dollars Cents 4(Numerically) WRITTEN IN WORDS NOTE: The Town of Southold reserves the right to increase,decrease,or eliminate in its entirety any or all items prior to or after award of the bid. Proposal Package 8 of 9 AUTHORIZED SIGNATURE PRINT NAME Cit L C Gu ti TITLE DATE — J ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF ��Fl) ss.: On the—Z�Lday of RMCAf' in the year 2018 before me, the undersigned, personally appeared, (?Ml- X010 , personally known to me or proved to me on the basis of satisfactory evidence to be the individualkg� whose namgo j is (A< subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisjlmr/ iei'r capacity, and that by hist' signature(,4 on the instrument, the individuaJ,K, or the person upon behalf of which the individuay acted, executed the instrument. GONLtate Notary PuwYork No.Qu alifieuntyCommisslon0,2 Proposal Package 9 of 9 CONTRACT,AGREEMENT' • THIS AGREEMENT made this day-of Two Thousand and Eighteen by and between the Town,of Southold, party of the first part (hereinafter called the Owner), and , 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: 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 associated with the Pike Street Parking Lot Improvements. AS. DESCRIBED IN THE Contract Documents made and prepared by the Town of Southold, and as set forth in the Contractor's Bid dated , and in strict and entire conformity and in accordance with the Notice to Bidders; Instructions to Bidders, Proposal Form (Bid), Perfennane6 BbnQ, Conditions of Contract, General Conditions, Detailed Specifications, Contract Drawings, Addenda, and this Agreement, hereto annexed and made a part hereof, and hereinafter collectively referred to as "Contract Documents". SECOND: In Consideration of the Contractor performing this Contract in the manner herein stated and as stated in the Contract Documents, the Owner promises and agrees to pay or cause to be paid to the Contractor the sums of money mentioned in said Contract Documents in the manner and under the conditions therein provided. THIRD: The Contractor covenants and agrees that, anything in this Contract or in the Contract Documents'to be contrary notwithstanding, or regardless of any matter, thing, contingency of condition unforeseen'or otherwise, present or future, the Contractor shall not.be entitled to receive any additional or further sums of money than the amounts in said Contract Documents provided; and the failure of the Owner or its agents to insist upon strict performance of any of the terms; covenants,' agreements, provisions or conditions in this Agreement or in the Contract Documents, on any one or more instances, shall not be construed as a waiver or relinquishment for the future of any such terms, covenants, agreements, provisions and conditions and the same- shall be and remain in full force and effect with power and authority on the part of the Owner to enforce the same or cause the same to be enforced at any time, without prejudice to any other rights which the Owner may have against the Contactor under this Agreement or the Contract Documents. A-1 Terms used in the Agreement which;are defined in Article 1 of the General Conditions shall have the meanings indicated in the General Conditions. Neither Owner nor Contractor shall, without the prior written consent of the other, assign or sublet in whole or part his interest under any of the Contact Documents; and, specifically, Contractor shall not assign any monies due or to become due without the prior written consent of the Owner. Owner and Contractor each binds himself, his partners, successors, assigns and legal representatives of the other party hereto in respect to all covenants, agreements and obligations contained in the Contract Documents. The Contract Documents constitute--the entire agreement between Owner and Contractor and may only be altered, amended or repealed by a duly executed written linstrument signed by both parties. IN WITNESS WHEREOF, the parties hereto have,executed this Agreement the day and year first above written. Total Bid Dollars,_ Written in Words Written in Figures TOWN OF SOUTHOLD CONTRACTOR BY BY Scott A.Russell, Supervisor TITLE BY Town Attorney (CORPORATE SEAL) A-2 Town of Southold BIDDER'S QUALIFICATION STATEMENT The signatory of this questionnaire certifies under oath the truth and correctness of all statements and of all answers to i og ories hereinafter made. SUBMITTED BY: �'- �ehC(.�d A Corporation aners ip or Entity FIRM NAME: a X)G rG /�f ��G An Individual PRINCIPAL OFFICE: 2 ,�^ �3L k<J �� �n I;�jT. Z$ ��� /-t-7 d PRINCIPAL OFFICERS: BACKGROUND TITLE NAME ADDRESS PROFESSION/TRADE vat,,, 132 Pt`CS��� lSR 4s Ir.►'r�.1I�'o �Cs���✓InC f7�n S �C�►Ck�ry Z �c. Jr.ILCw 1. How_many years has your organization been in business under its present business name? I 2. You-normally perform what percent of the work with your own forces?- Jo u % List trades hat you organization normally performs below: 3. Have you ever failed to complete any work awarded,to you? . If so, note where and why. 4. Are there any claims,judgments, arbitration proceedings or suits pending or outstanding against your firm or its officers?If yes,please provide details. �f/J QS-1 5. Has your firm requested arbitration or filed any lawsuits with regard to construction contracts within the last five years?If yes; please provide details: 00 6. List the major construction projects your organization has underway at this date: Name of- Engineer Project Own ��2ZY_54 1 t>Architect Contract Percent Scheduled Name Tele one Telephone Amount Complete Completion ISilleroL� T„wo a�Z5�{p �10� �SO0, IS' .l.AC%0"(�( -r,,,v J f Tool w a r r►'�as w S�- s��H,,�...,r.�- 6 31.3`o a S�a �,�G�I�. u� 7. List five,major projects you organization has completed in the past five years: Name of: Engineer/ Work Done Project Owner Architect Contract Date of With Own Forces Name Tele hone# Telephone# Amount 'Completion %of Wor \r nv �.,�►-`'�� S� �,`J”- Z r 3 �'��� 5-4 �( o o Z) 1i�j SI W ZZ y,,61U /Loco t ��/0�J• Po•�cw•-� G,,,,,b,-�-�ic��-�� �t't'''v� 631 Z�C4,��'�� U 7-6L,a CUW L t--,-� QS-2 8. List the construction experience of the principal individuals of your organization (particularly the anticipated project supervisors): Present Type of Work Position Years of For Which In What Individual's Name Of Office Experience Responsible Ca aci m Ac' YO- 9. Do you have,or can you obtain, sufficient labor and equipment to commence work when required and complete the work within the Contract Time? .16 J 'F1:Ic.d v.'y..,vl.�awr•`r."}.i;=v.�v;V'w""s=o 3ir�.;.^s��i�r�%�r';iv� 11. Trade Association Membership: 12. Has your firm ever been investigated by the New York State Department of Labor for prevailing,wage:pte violations?If yes,when?What was the outcome of the investigation? QS-3 13. Attach current state of financial conditions showing assets, liabilities and net worth. Failure to attach the required documentation may be considered non-responsive on the part of the Bidder and may result in rejection of the Bidder's Proposal. STATE OF COUNTY OF {� being duly worn d oses and says that he is the T�F�/,bE�T of LI,�1= 71w contractor and that answers to the foregoing questions and all statements therein contained are true and correct. (Ninaturie of person who signed bid) Sworn to before me this / •r d ay of 2018 BONNIE M NOONE Notary Public,State of NewYork 00 Notary Public Qualified In SuffolkCounq Commission Expiration Date: Tj /j�� Commission IresA ril30,2 QS-4. ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF ) ss.: On the day of in the year 2018 before me, the undersigned, personally appeared, , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. NOTARY PUBLIC STATE OF NEW YORK, COUNTY OF )ss.: On the day of in the year 2018 before me, the undersigned, personally appeared, , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. NOTARY PUBLIC A-3 CONCRETE PLUS,INC. FINANCIAL STATEMENTS AND INDEPENDENT ACCOUNTANTS'COMPILATION REPORT DECEMBER 31,2014 ak 7600 Jericho Turnpike,Suite 400 Woodbury,New York 11797 Tel:516.802.0100 Fax:516.364.9600 G.R. Reid Associates,LLP 1010 Nortiem Boulevard,Suite Reid cdi) CERTIFIED PUBLIC ACCOUNTANTS Great Neck,New York 11021 (Rei I wwwGRReid. Tel:516.466.6650 Fax:516.466.2442 INDEPENDENT ACCOUNTANT'S COMPILATION REPORT To the Officers and Stockholder's of Concrete Plus,Inc. East Islip,New York We have compiled the accompanying balance sheet of Concrete Plus,Inc. as of December 31,2014,and the related statement of income and retained earnings and cash flows for the year then ended.We have not audited or reviewed the accompanying financial statements and,accordingly,do not express an opinion or provide any assurance about whether the financial statements are in accordance with accounting principles generally accepted in the United States of America. Management is responsible for the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America and for designing,implementing,and maintaining internal control relevant to the preparation and fair presentation of the financial statements. Our responsibility is to conduct the compilation in accordance with Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants.The objective of a compilation is to assist management in presenting financial information in the form of financial statements without undertaking to obtain or provide any assurance that there are no material modifications that should H be made to the financial statements. The supplementary information contained in Schedule I is presented for purposes of additional analysis and is not a required part of the basic financial statements.The supplementary information has been compiled from information that is the representation of management We have not audited or reviewed the supplementary information and,accordingly,do not-express an opinion or provide any assurance on such supplementary information. offiVAMIAM.. &P Woodbury,New York March 26,2015 P TABLE OF CONTENTS Page INDEPENDENT ACCOUNTANTS'COMPILATION REPORT 1 FINANCIAL STATEMENTS Balance Sheet 2 Statement of Income 3 Statement of Retained Earnings 4 Statement of Cash Flows 5 Notes to the Financial Statements 6-8 ADDITIONAL INFORMATION Schedule I—Work in Progress Schedule 9 CONCRETE PLUS,INC. BALANCE SHEET DECEMBER 31,2014 ASSETS CURRENT ASSETS Cash $ 50,634 Contracts receivable 207,000 Prepaid payroll taxes 177 Materials inventory 2,500 Total Current Assets 260,311 PROPERTY,PLANT,AND EQUIPMENT-NET 128,577 OTHER ASSETS Bid&security deposits 2,793 Total Assets $ 391,681 LJABELXnES AND STOCKHOLDER'S EQUITY CURRENT LIABELrMS Accounts payable-trade $ 79,437 Accrued expenses 3,814 Line of credit 24,089 Installment notes payable 5,343 Total Current Liabilities 112,683 LONG-TERM DEBT 17,497 Total Liabilities 130,180 STOCKHOLDER'S EQUITY Capital stock,no par value(200 shares authorized, 100 shares issued and outstanding) 5,000 Additional paid in capital 79,220 Retained Earnings 177,280 Total Stockholder's Equity 261,500 Total Liabilities and Stockholder's Equity $ 391,681 See Accompanying Notes to Financial Statements -2- CONCRETE PLUS,INC. STATEMENT OF INCOME FOR THE YEAR ENDED DECEMBER 31,2014 OPERATING REVENUE $ 1,020,128 COST OF GOODS SOLD Purchases 364,540 Gross profit 655,588 OPERATING EXPENSES Officer manes 160,976 Wages and salaries 188,539 Payroll taxes 33,157 Auto and truck expenses 14,312 Bank fees 309 Contributions 450 Depreciation expense 33,303 Equipment leasing 195 Insurance 95,163 Professional fees 7,762 License,permits,&fees 2,141 Office expenses 2,517 Employee benefits 26,886 Other taxes 3,159 Repairs and maintenance 2,615 Supplies 13,596 Utilities 5,725 Telephone 8,054 Rubbish removal costs 3,160 Interest 2,638 Total Operating expenses 604,657 Income before provision for income taxes 50,931 Provision for income taxes 1 � NET INCOME $ 49,931 See Accompanying Notes to Financial Statements -3- CONCRETE PLUS,INC. STATEMENT OF RETAINED EARNINGS FOR THE YEAR ENDED DECEMBER 31,2014 Retained earnings,beginning $ 152,765 Net income 49,931 Distribution to stockholder's (25,416) Retained earnings,ending $ 177,280 See Accompanying Notes to Financial Statements -4- CONCRETE PLUS,INC- STATEMENT OF CASH FLOWS FOR THE YEAR ENDED DECEMBER 31,2014 CASH FLOW FROM OPERATING ACTIVITIES: Net Income $ 49,931 Adjustments to reconcile net income to cash provided by(used in)operating activities: Depreciation and amortization 33,303 Increase in: Accounts receivable (37,250) Increase(decrease)in: Accounts payable and accrued expenses 2 (808 830 Payroll taxes payable 23,075 Total Adjustments Net cash provided by operating activities 73,006 CASH FLOW FROM INVESTING ACTIVITIES: Acquisition of property and 781) equipment (33, Net cash used in investing activities (33,781) CASH FLOW FROM FINANCING ACTIVITIES: (5,115) Repayment of installment notes payable (9,689) Repayment of line of credit (25,416) Distributions to stockholder's Net cash used in financing activities (40,220) Net decrease in cash and cash (995) equivalents CASH-BEGINNING 51,629 CASH-ENDING $ 50,634 Cash Paid during the year for: $ 2,638 Interest $ 1,000 Income taxes See Accompanying Notes to Financial Statements -5- CONCRETE PLUS,INC. NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31,2014 NOTE 1: SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Organization — The Company was incorporated under the state laws of New York on January 15, 2002. The principal activity of the Company is the installation of concrete walkways&curbs in primarily commercial and industrial properties. Accounts Receivable — As of December 31, 2014, no reserve for bad debts has been deemed necessary. Bad debt will be recognized using the direct write-off method when such receivables are deemed to be.uncollectible. Materials Inventory — Materials inventory is stated at the lower of cost or market on a first-in, first-out basis. Fixed Assets — Fixed assets are stated at historical cost less accumulated depreciation. Depreciation is expensed over the estimated useful lives of the assets by using straight- line and declining balance methods of depreciation over a five to fifteen year period. Repairs and maintenance costs are expensed, while additions and betterments are capitalized � Income Taxes—The Company has elected under the Internal Revenue Code to be taxed as an "S" Corporation. As an "S" Corporation, the Company passed through items of income and deductions to the stockholders each year as earned,and thus pays no federal income tax itself. Due to various timing differences, certain income and expense items are recognized in different periods for tax reporting purposes than for financial statement purposes. The Company recognizes income from long-term construction contracts on the percentage-of-completion (POC) method for financial reporting purposes and on the accrual method for tax reporting purposes. Revenue and Cost Recognition — The Company reports profits on its construction contracts under the percentage-of-completion method. Under this reporting method, the Company recognizes as profit the proportion of the total profit anticipated from each contract which the cost of the work bears to the Company's estimate of the total cost of the contract. Contract costs include all direct material and labor costs and those indirect costs related to the contract performance, such as insurance. All other operating costs are charged to expense as incurred. Provision for estimated losses on uncompleted contracts are made in the period in which such losses are determined Changes in job performance, job conditions, and estimated profitability, including those arising from contract penalty provisions and final contract settlements may result in revisions to cost and income and recognized in the period in which the revisions are determined. -6- �a s CONCRETE PLUS,INC. : NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31,2014 z t: NOTE 2: CONTRACTS RECEIVABLE r- v As of December 31,2014 contract receivable balances were comprised as follows x Completed Contracts $ 202,000 Contracts in Progress 0 k Retainage 5,000 F t NOTE 3: FIXED ASSETS 3 Land $ 50,350 Machinery&Equipment 253,651 Furniture&Fixtures 8,174 Transportation Equipment 348,630 ! 660,805 j Less:Accumulated depreciation 532,228 Total Fixed Assets $ Depreciation expense related to the fixed assets was $33,303 for the year ended December 31,2014. NOTE 4: LOANS PAYABLE Loans payable at December 31,2014 consisted of the following: a. 4.36%note,payable to a commercial lender, for financing of vehicle,due in 60 monthly installments of$519. Final payment is due 12/31/18. $22,840 b. Line of credit,Astoria Federal Savings Maximum available is$50,000 24,090 Subtotal 46,930 Less: Current Portion 29,433 Long Term Debt—Net of current portion -7- CONCRETE PLUS,INC. NOTES TO THE FINANCIAL STATEMENTS DECEMBER 31,2014 NOTE 4: LOANS PAYABLE(CONTINUED): Non-current maturities of long-term debt are as follows: For the years ending Amount 2016 $ 5,580 2017 5,829 2018 6,088 2019 - Total $_ 17.49 -8- CONCRETE PLUS INC. SCHEDULE I-WORK IN PROGRESS SCHEDULE DECEMBER 31,2014 Contracts Receivable: Completed contracts $ 202,000 Contracts in progress 5,000 Retainage Total Contracts Receivable $ 207,000 i r -9- r� BID BOND (Percentage) Bond No. 63563859 KNOW ALL PERSONS BY THESE PRESENTS,That we Concrete Plus Inc. of 132 Keswick Drive East Islip NY 11730 hereinafter referred to as the Principal, and WESTERN SURETY COMPANY as Surety, are held and firmly bound unto Town of Southold x� hereinafter referred to as the.Obligee, in the amount of Five Percent of the Amount Bid ( 5% ),for the payment of which we bind ourselves, our legal representatives, successors and assigns,jointly and severally,firmly by these presents. WHEREAS, Principal has submitted or is about to submit a proposal to Obligee on a contract for Pike Street Parking Lot Improvements NOW, THEREFORE, if the said contract be awarded to Principal and Principal shall, within-such time as may be specified, enter into the contract in writing and give such bond or bonds as may be specified in the bidding or contract documents with surety acceptable to Obligee; or if Principal shall fail to do so, pay to Obligee the damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED, SEALED AND DATED this 15th day of March 2018 Principal Concret lus Inc/ BY: Surety a�GORRORgTF ' ---WEST RN SURETY COMPANYtL ' BY: James David Cotgreave,Attorney-in-Fact Form F4595-8-2001 Western Surety- C POWER OF ATTORNEY-CERTIFIED COPY Bond No. 63563859 Know All'Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota,and having its principal office in Sioux Falls,South Dakota(the"Company"),does by these presents make,constitute and appoint James David Cotareave - its true and lawful attorney(s)-in-fact,with full power and authority hereby conferred,to execute,acknowledge and deliver for and on its behalf as Surety,bonds for Principal: Concrete Plus Inc. Obligee: Town of Southold Amount: $1,000,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Vice President,sealed with the corporate seal of the Company and duly attested by its Secretary.hereby ratifying and confirming all that the said attorney(s)-in- fact may do within the above stated limitations. Said appointment is made under and by authority-of the following,bylaw of Western Surety Company which remains in full force and effect.. "Section 7. All bonds, policies,undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary,any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies,or undertakings in the name of the Company The corporate seal,is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." If Bond No.63563859 is not issued on or before midnight of June 13th 2018 all authority conferred in this Power of Attorney shall expire and terminate. In Witness Whereof,Western Surety Company has caused these presents to be signed by its Vice President,Paul T. Bruflat, and its corporat,gm,l to be affixed this 1515 _day of March 2018 ' �.. .... C - WES SUR Y COMPANY Paul T ruflat,Vice President a On eteii.ls� day of March in the year 2018 before me,a notary public,personally appeared tT� `��h Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. gytoyybhyyySb�eY4�eSN4�s4b46 i J. MOHR r —f79 _ ,�� tel SEAL NOTARY PUBLIC If EAS i t�c SOUTH DAKOTA s Notary Public-South Dakota s t +bb�sbbbb"4y44ytitibs4444btiti+ My Commission Expires June 23, 2021 I the undersigned officer of Western Surety Company,a stock corporation of the State of South Dakota,do hereby-certify that the attached Power of Attorney is in full force and effect and is irrevocable,and furthermore,that Section 7 of the bylaws of the Company as set forth in the Power of Attornev is now in force. Iii testimony whereof,I have hereunto set my hand and seal of Western Surety Company this 15th day of March 2018 WES E / S-UR Y COMPANY 00, G� Paul T ruflat,Vice President To validate bond'authenticity,go to www.cnasurety.com >Owne'r/Obligee Services>Validate Bond Coverage. Form F5306.10-2017' LEGAL NOTICE Request for Bid Proposals NOTICE IS HEREBY GIVEN, in accordance with the provisions of Section 103 of the General Municipal Law, that sealed bids will be received by the Town Clerk of the Town of Southold, Suffolk County, New York, at the Southold Town Clerk's Office, Town Hall, 53095 Main Road, Southold, New York 11974, until 2:00 P.M. Thursday, April 19, 2018, at which time they will be publicly opened and read aloud, for the Southold Animal Shelter Solar Project. Definite specifications may be obtained at the Office of the Southold Town Clerk during normal business hours beginning March 29, 2018. Request for additional information or inquiries should be addressed to the Michael Collins, P.E.; Southold Town Hall, PO Box 1179, Southold, NY 11971. Telephone: (631) 765-1560. The Town Board of the Town of Southold reserves the right to reject any and all bids and to waive any defect or informality in any bid should it be deemed in the best interest of the Town of Southold to do so. All bids must be accompanied by a Non-Collusive Bid Certificate, and 5% bid security. All bids must be marked "Bid on Animal Shelter Solar Project", and must be signed and sealed in envelopes plainly addressed to the Town Clerk, Town of Southold, Town Hall, 53095 Main Road, Southold, New York 11971. The bid price shall not include any tax, federal, state, or local, from which the Town of Southold is exempt. Dated: February 6, 2018 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON MARCH 29, 2018i AND FORWARD ONE (1 ) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, PO BOX 1179, SOUTHOLD, NEW YORK 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney Dodge Reports Brown's Letters Burrelle's Info Services Town Clerk's Bulletin Board Rudder, Lynda From: Collins, Michael Sent: Friday, March 23, 2018 10.08 AM To: Duffy, Bill, Silleck, Mary Cc: Noncarrow, Denis; Rudder, Lynda, Standish, Jeff, Richter, Jamie Subject: Pike Street Parking Lot Bid,Award Resolution Attachments: pike street lot_20180316103624 pdf Bill: Please have a resolution put on for 3/27/18 awarding the Pike Street Parking Lot project to Concrete Plus Inc. The Town Clerk's office will be incorporating Concrete Plus's bid documents into the bid package, which also contains a contract agreement. Once the resolution passes and you are satisfied with the contract documents, we can contact Concrete Plus to come and sign the contract. Michael Collins, P.E. Town Engineer Town of Southold (631) 765-1560 http://www.southoldtownny.gov/index.aspx?nid=195 CONFIDENTIALITY NOTICE.This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. 1 #0002174880 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county,being duly sworn,says that she is Principal Clerk of THE SUFFOLK TIMES , a weekly newspaper, published at Mattituck; in the Town of Southold,County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks(s),successfully commencing on 02/22/2018 - Principal Clerk Sworn to before me this day of C , INA VOI INSKI NOTARY PUBLIC-STATE OF NEW YORK No O1Vo6105050 Qualified in Suffolk County My Commission Expires Febrrjary 28,2020 TYPESET Fri Feb 16 12.11.36 EST 2018 LEGAL NOTICE Request for Bid Proposals NOTICE IS HEREBY GIVEN, in accor- dance with the provisions of Section 103 of the General Municipal Law,that sealed bids will be received by the Town Clerk of the Town of Southold, Suffolk County, New York, at the Southold Town Clerk's Office, Town Hall,53095 Main Road,Southold,New York 11971, until 2:00 P.M. Thursday, March 15,2018,at whicR time they will be publicly opened and read aloud, for Pike Street Parking Lot Improvements Specifications may be obtained at the Office of the Southold Town Clerk during normal business hours. Request for additional information or in- quires should be addressed to the James A. Richter,R.A.,Southold Town Hall,PO Box 1179.Southold,NY 11971-Telephone:(631) 765-1560. The Town Board of the Town of Southold reserves the right to reject any and all bids and to waive any defect or informality in any bid should it be deemed in the best interest of the Town of Southold to do so. All bids must be accompanied by a Non- Collusive Bid Certificate,and 5%bid secu- rity All bids must be marked"Bid on Pike Street Parking", and must be signed and sealed in envelopes plainly addressed to the Town Clerk,Town of Southold.Town Hall. 53095 Main Road, Southold, New York 11971 The bid price shall not include any tax, federal,state,or local,from which the Town of Southold is exempt. Dated:February 6,2018 ELIZABETH A.NEVILLE SOUTHOLD TOWN CLERK 2174880 i VENDOR NAME: Carter-Melence, Inc. VENDOR INFORMATION SHEET TYPE OF ENTITY:CORP. X PARTNERSHIP INDIVIDUAL FEDERAL EMPLOYEE ID #: 11-2996299 OR SOCIAL SECURITY #: DATE OF ORGANIZATION: October 18, 1989 IF APPLICABLE: DATE FILED: October 18, 1989 STATE FILED: New York If a non-publicly owned Corporation: CORPORATION NAME: Carter-Melence, Inc. LIST PRINCIPAL STOCKHOLDERS: (5% of outstanding shares) Donald J,..O'Hanlon, President LIST OFFICERS AND DIRECTORS: NAME TITLE Donald J. O'Hanlon President Patrick E., O'Hanlon Vice President Carmel O'Hanlon Secretary If a partnership: PARTNERSHIP NAME: LIST PARTNERS NAMES: Proposal Package 3 of 9 ADDRESS RECORD FORM MAIL BID TO: VENDOR NAME: Carter-Melence, Inc. ADDRESS: P.O. Box 907 Sound Beach, NY 11789 CONTACT: Donald J. 0'Hanlon TELEPHONE: (631) 744-0127 FAX: (631) 744-0528 E-MAIL: 4cmi@optonline.net ONLY if different - -MAIL PURCHASE ORDER TO: ADDRESS: TELEPHONE: FAX: CONTACT: E-MAIL: ONLY if different - MAIL PAYMENT TO: -ADDRESS: TELEPHONE: FAX: CONTACT: E-MAIL: Proposal Package 4 of 9 . VENDOR NAME: Carter-Melence, Inc. ASSUMED NAME CERTIFICATION *If the business is conducted under an assumed name, a copy of the certificate required to be filed under the New York general business law must be attached. ASSUMED NAME: If the bidder is an individual, the bid must be signed by that individual; if the bidder is a corporation, by an officer of the corporation, or other person authorized by resolution of the board of directors, and in such case a copy of the resolution must be attached; if a partnership, by one of the partners or other person authorized by a writing signed .by at least one.general partner and submitted with the bid or previously filed with the Purchasing Agent. The submission of this constitutes a certification-that no Town Officer has any interest therein. (Note: In the event that any Town Officer has any such interest, the full nature thereof should be disclosed below. It is not forbidden that individuals working for the Town of Southold or other municipality bid on contracts only that such interest be revealed when they do bid.) INSURANCE STATEMENT Bidder agrees as follows - please mark appropriate box: Insurance Certificate as requested is attached I certify that I can supply insurance as specified if awarded the bid 0 Insurance Certificate filed on DATE FAILURE TO PROVIDE SPECIFIED INSURANCE SHALL DISQUA IFY BIDDER. AUTHORIZED'SIGNATURE Donald J. O'Hanlon, President Proposal Package 5 of 9 AFFIDAVIT OF NON-COLLUSION I hereby attest that I am the person responsible within my firm for the final decision as to the prices(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: 1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose of restricting competition with any other contractor, bidder or potential bidder. 2. Neither the price(s), nor the amount of this bid, have been disclosed to any other firm or person who is a bidder or potential bidder on this project, and will not be so disclosed -prior to bid opening. 3 No attempt has been made or will be made to solicit, cause or induce any firm or person to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non-competitive bid or other form of complementary bid. 4. The bid of my firm is made in good'faith and not pursuant to any agreement or discussion with, or inducement from any firm or person to submit a complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase of materials or services from any other firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by an firm or person to refrain from bidding or to submit a complementary bid on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person,.and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any project, in consideration for my firm's submitting a complementary bid, or agreeing to do so, on this project. 7. I have made a diligent inquiry of all members,,officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in this affidavit. The person signing this bid, under the penalties of perjury, affirms the truth thereof. '0646W � _10i�l SWORN TO BEFORE ME THIS Sign ture&Company Position Donald J. O'Hanlon, President March 15th DAY OF 20 18 Type Name&Company Position Carter-Melence, Inc. ✓hilGiit�L/L GI G Company Name NOTARY PUBLIC March 15, 2018 �- Wry C.lkftl3no notary Pablo, Bea-o C +c Date Signed Cho �7�7 i Quall2cd la 11-2996299 ®rinmies6on expires Federal LD Number Proposal Package 6 of 9 THE PROPOSAL FORM Pike Street Parking Lot Improvements VENDOR NAME: Carter-Melence, Inc. VENDOR ADDRESS: P°0. Box 907 Sound Beach, NY 11789 TELEPHONE NUMBER: (631) 744-0127 FAX: (63,1) 744-0528 The undersigned bidder has carefully examined the Contract Documents and will provide all necessary labor, materials, equipment and incidentals as necessary and called for in the said Contract Documents in the manner prescribed therein and in said Contract, and in accordance with the requirements of the Engineer, at the prices listed on the attached Bid Proposal Form. If the bidder is an individual, the bid must be signed by that individual; if the bidder is. a corporation, the bid must be signed by an officer of the corporation, or other person authorized by resolution of the board of directors, and in such case a copy of the resolution must be attached; if a partnership, by one of the partners or other person authorized by a writing signed by at least one general.partner and submitted with the bid documents. The submission of this constitutes a certification that no Town Officer has any interest therein. (Note: In the event that any Town Officer has any such interest, the full nature thereof should be disclosed below. It is not forbidden that individuals working for the Town of Southold or other municipalities bid on contracts, but only that such interest be revealed when they do bid.) The undersigned hereby acknowledges receipt of the following Addenda (if none were issued please write N/A below): Addendum No. Dated Proposal Package 7 of 9 .7 Carter—Melence, Inc. Pike Street Parking Lot Improvements Itemized Proposal for: Town of Southold ITEM NO ESTIMATED DESCRIPTION OF ITEM UNIT BID PRICE EXTENDED AMOUNT BID QUANTITY (Fill in Unit Price Written in Words) DOLLARS CENTS DOLLARS CENTS Demolish Existing Concrete Sidewalks 1 1 000 00 5,000 00, 5 for Five Thousand /LS _ Dollars & o Cents Raise Existing Castings to Finished Grade 2 s .295 00 1,770 00 for Two Hundred Ninety Five /EA Dollars & No Cents Install Concrete Curbing 3 512 LF for Sixty Six ALF 66 00 33,792 00 Dollars & NO Cents Install Concrete Aprons a 200 SF for Forty /SF 40 '00 8,000 00 Dollars & No Cents Install Concrete Sidewalks 5 1,050 SF for Eleven /SF 11 00 11,550 00 Dollars & No Cents Install Concrete Islands 6 120 SF for /SF Twenty 20 00 2,400 00 � � Dollars & No Cents TOTAL BASE BID Items(Add All Items) Sixty Two Thousand Five Hundred Twelve Dollars & No Cents $ 62,512.00 Dollars Cents (Numerically) WRITTEN IN WORDS NOTE: The Town of Southold reserves the right to increase,decrease,or eliminate in its entirety any or all items prior to or after award of the bid. Proposal Package 8 of 9 C- AUTHORIZED SIGNATURE PRINT NAME Donald J. 0"Hanlon TITLE' President DATE March 15, 2018 ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF SUFFOLK j ss.: On the 15th day of March in the year 2018 before me, the undersigned, personally appeared, • Donald J. O'Hanlon , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hr capacity(i*e), and that by his/h-e,�eir signature(s) on the instrument, the iridividual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. tg r-'A� NOTAR PUBLIC "9.Ql C.Michi-io �•c��� i -"' �d.�ci P-lou,York -070717 G:c�t6ni�sicn oxpiros 03/8 U Proposal Package 9 of 9 Town of Southold BIDDER'S QUALIFICATION STATEMENT The signatory of this questionnaire certifies under oath the truth and correctness of all statements and of all answers to interrogatories hereinafter made. SUBMITTED BY: Donald J. O'Hanlon A Corporation Carter-Melence Inc. ATOS� FIRM NAME: PRINCIPAL OFFICE: 104 New York Ave., P.O. Box 907 Sound Beach,NY 11789 PRINCIPAL OFFICERS: BACKGROUND TITLE NAME ADDRESS. PROFESSION/TRADE President Donald J. O'Hanlon Miller Place,NY Construction Vice President Patrick E. O'Hanlon Sound Beach,NY Construction Secretary Carmel O'Hanlon Sound Beach, NY Administration 1. How many years has your organization been in business under its present business name? 29 2. You normally perform what percent of the work with your own forces? % List trades that you organization normally performs below: Carpentry, Electrical, HVAC, Laborer, Painting, ' �3. Have you ever failed to complete any work awarded to you? No . If so, note where and why. 4. Are there any claims,judgments, arbitration proceedings or suits pending or outstanding against your firm or its officers? If yes, please provide details. No QS-1 5. Has your firm requested arbitration or filed any lawsuits with regard to construction contracts within the last five years? If yes, please provide details. No 6. List the major construction projects your organization has underway at this date: Name of: Engineer/ Project Owner Architect Contract Percent Scheduled Name Telephone# Telephone# Amount Complete Completion Windswept Building Rehabilitation, Plumbing $287,255.00 94% 04/18 Mechanical $193,000.00 97% 04/18 Electrical $327,400.06 92% 04/18 (631)583-5940 Village of Ocean Beach (631)286-8668 L.K. McLean Associates, P.C. East Hampton Police Booking Area&Jail Improve. $127,900.00 28% 03/18 (631)324-4.150 Village of East Hampton (631)907-0023 D.B. Bennett, P E., P.C. Southold Fire District,New Garage& Sitework $1,353,096.00 31% 06/18 (63 1)765-3385 Southold Fire District (631)727-5352 Martin F. Sendlewski,Architect, P.C. 7. List five major projects you organization has completed in the past five years: Name of Engineer/ Work Done Project Owner Architect Contract Date of With Own Forces Name Telephone# Telephone# Amount Completion % of Work Hwy. Dept. Metal Storage Bldg., Town/Riverhead $624,000.00 01/03/18 (631) 727-3200 Jeffrey T. Butler, P.E., P.C. (631) 208-8850 Restore Canoe Place Chapel, Town of Southampton$286,500.00 04/20/17 (631) 283-6000 Jeffrey P. Gibbons Architect, P.C. (631) 283-1944 Amagansett Comfort Station, Town of East Hampton $329,675.00 03/06/17 (631) 324-4183 L.K. McLean Associates, P.C. (631) 286-8668 Southold Town New Hwy-. Maint. Garage, Plumbing $238,000.00 12/30/16 (631) 765-1560; L.K. McLean Associates, P.C. (631) 286-8668 Hauppauge Fire District $740,919.00 08/03/16 (631) 265-2499; Enspire Design Group, PLLC(631) 471-9500 East Hampton Town Hwy. Dept. Office Renovation$231,775.00 12/07/15 (631) 324-4183; D.B. Bennett, P.E., P.C. (631) 907-0023 Mastic Beach Fire District $228,000.00 10/05/15 (631) 281-9840; Richard Shure, R.A. (631) 924-7272 East Northport Fire District $315,153.91 09/29/15 (631) 261-1177; H2M architects,+ engineers (631) 756-8000 QS-2 8. List the construction experience of the principal,individuals of your organization (particularly the anticipated project supervisors): Present Type of Work Position Years of For Which In What Individual's Name Of Office Experience Responsible Ca-aci Donald J. O'Hanlon, President 42 years experience in the 'construction- industry Patrick E. O'Hanlon, Vice Pres. 40 years-�experience in the construction industry 9. Do you have, or can you obtain, sufficient labor and equipment to commence work,when required and complete the work within the Contract Time? Yes 10. Bank References: J.P. Morgan Chase Bank (631) 928-7493 11. Trade Association Membership: Builders Institute 12. Has your firm ever been investigated by the New York State Department of Labor for prevailing wage rate violations?If yes, when? What was the outcome of the investigation?No QS-3 13. Attach current state of financial conditions showing assets, liabilities and net worth. Failure to attach the required documentation may be considered-non-responsive on the part of the Bidder and may result in rejection of the Bidder's Proposal. STATE OF New York COUNTY OF Suffolk ) Donald J. O'Hanlon being duly sworn deposes and says that he is the President of Carter–Melence, Inc. contractor and that answers to the foregoing questions and all statements therein contained are true and correct. (Sig ature of person who -gned bid) Donald J. O'Hanlon, President Sworn to before me this 15th day of March2018 j Notary Public - - Commission Expiration ate: 03%11/2019 �— mary C.Michne Notary)?uMc,S6-3to cl Movr York No.�:J7G'79 a C�.n[Ff cd En su ' OC';;5j Coc:�Fn�ccSa� �:cpires QS-4• CARTER-MELENCE,INC. BALANCESHEET DECEMBER 31, 2017 ASSETS Current Assets: Cash and Cash Equivalents $ 56,685 Contract Receivables (Note 2) 738,024 Prepaid Expenses 13,504 Costs and Estimated Earnings in Excess of Billings on Uncompleted Contracts (Note 3) 113,155 Total Current Assets $ 921,368 Property and Equipment(Notes 4 and 5) 602,022 Less: Accumulated Depreciation 546,217 55,805 Total Assets $ 977,173 LIABILITIES AND STOCKHOLDER'S EQUITY Current Liabilities: Current Maturities of Long-Term Debt(Note 5) $ 12,609 Accounts Payable 93,213 Payroll Taxes Payable 290 Billings in Excess of Costs and Estimated Earnings on Uncompleted Contracts (Note 3) 346,058 Income Taxes Payable 1,000 Total Current Liabilities $ 453,170 Stockholder's Equity: Common Stock(No Par Value, 200 Shares Authorized, 10 Shares Issued and Outstanding) 1,000 Paid in Capital 100,000 Retained Earnings 423,003 524,003 Total Liabilities and Stockholder's Equity $ 977,173 'THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we CARTER-MELENCE, INC. 104 New York Ave. Sound Beach,NY 11789 as Principal, hereinafter called the Principal, and International Fidelity Insurance Company One Newark Center,20th Floor,Newark,NJ 07102 a corporation duly organized under the laws of the State of NJ as Surety, hereinafter called the Surety, are held and firmly bound unto Town Of Southold 53095 Main Road Southold,NY 11971 as Obligee, hereinafter called the Obligee, in the sum of Five Percent of the Bid Amount----------------------(5.00%), 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 Pike Street Parking Lot Improvements. 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 good 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 15th day of March 2018 C R-MELENCE INI. ( rincip 1) (Seal) (Witnes (Title Donald J. 0'H nlon, President International Fidelity Insurance Company (Su (Seal) "W_4w (Witness) (Title Edmund J. ergassi,A orney-in-Fact ACKNOWLEDGEMENT OF PRINCIPAL,IF A CORPORATION STATE OF NEW YORK )ss: COUNTY OF SUFFOLK ) On the 15th day of March in the year 2018 , before me personally came Donald J. O'Hanlon to me known,who,being by me duly sworn, did depose and say that(s)he resides at Miller Place, NY that he/she is the President of CARTER- MELENCE,INC. ,the corporation described in and which executed the above instrument; and that he/sloe signed her/his name thereto by order of the Board of Directors of said corporation. Notary Public vz= ACKNOWLEDGEMENT OF-PRINCIPAL,IF A PARTNERSHIP STATE OF )ss: COUNTY OF ) On the day of in the year ,before me personally came to me known and known to me to be a member of the firm , described in and who executed the foregoing instrument, and he/she duly acknowledged to me that he/she executed the same for and.in behalf of said firm for the uses and purpose mentioned therein. Notary Public ACKNOWLEDGEMENT OF PRINCIPAL,IF AN INDIVIDUAL STATE OF ) ss: COUNTY OF ) On the day of in the year ,before me personally came to me known and known to me to be the person described in and who executed the foregoing instrument, and he/she duly acknowledged to me that he/she executed the same. Notary Public ACKNOWLEDGEMENT OF SURETY STATE OF NEW YORK ) COUNTY OF WESTCHESTER)ss; On the 15th day of March in the year 2018 , before me personally came Edmund J. Bergassi to me known,who, being by me duly sworn, did depose and say that he/she resides at Eastchester,, NY,that he/she is the Attorney-in-Fact of International Fidelity Insurance Company the corporation described in and which executed the above instrument; and that he/she signed her/his name thereto by order of the Board of Directors of said corporation. 6; Notary Public PATRICIA A MALONEY Notary Public,State of New York No. 01 MA61 54561 Qualified in Westchester County Commission Expires October 23,201 INTERNATIONAL FIOELIT'Y.IN-SU-RANGE�COMPA.NY ONE NEWARK CENTER,20TH FLOOR,NEWARK,NEW JERSEY 07102-5207 STATEMENT OF ASSETS,LIABILITIES,SURPLUS AND OTHER FUNDS AT DECEMBER 31,2016 ASSETS .Bonds.{Amortized Value)............ .. ... ..... . ... . . . .. ... . . ... ..._ $116,553,232 Common Stocks(Market Value) ........ .... ... . . . ... ... . ... . .. . 35,026,858 Mortgage Loans on Real Estate .. ....... ...... .. . . ... . . . . .. . .. .. 364,497 Cash,Bank Deposits&Short Term Investments .. .. . . . . .. .. . .. . . . . .. 27,210,274 Unpaid Premiums&Assumed Balances .. ... . .. . .. . ... .. . .. . . .. .. 9,398,922 Reinsurance Recoverable from Reinsurers ..... ... .. .. .. . . . . ... .. . . (563,771) Electronic Data Processing Equipment.. .. . ... .. . . . . . ... ... .. . . . . . 339,714 Investment Income Due and Accrued .. ...... . ... ... . . . .. . . . . .... 643,984 Net Deferred Tax Assets . ........ ......... .. .. .. .. .. . .. .. . . . . 4,099,217 Receivables from Parent,Subsidiaries&Affiliates . . . . . ... .... .. . . .. . 96,331 Other Assets .. . . . ... . . .. ... ............ .. . . ... ... . . . . .. . .. 21,246,462 TOTAL ASSETS .. . ..... .... ...... . .. .... .. . . . . .. . . $214,415,720 LIABILITIES,SURPLUS&OTHER FUNDS Losses(Reported Losses Net as to Reinsurance Ceded and Incurred But Not Reported Losses) ... . . . ...... . .. . .... ... . . .. . .. $2,684,535 Reinsurance Payable on Paid Losses and Loss Adjustment Expenses .. . . . . 353,354 Loss Adjustment Expenses . . ... . .. .. .. ...... . . . ..... ... . :. .. .. 3,582,623 Commissions Payable,Contingent Commissions&Other Similar Charges .. 1,129,001 Other Expenses(Excluding Taxes,Licenses and Fees) . . . . .... . .. . . . .. . 5,107,108 Taxes,Licenses&Fees(Excluding Federal Income Tax) .. ... ... ... . ... 386,783 Current Federal&Foreign Income Taxes.. . .... . . . ..... . ... .. .. . .. 155,610 Unearned Premiums . ..... . . . .. . .... ...... .... . ... .. .. . .. . .. . 34,001,398 Dividends Declared&Unpaid-Stockholders .. ... . . ..... ... .. . . . .. 234,182 Dividends Declared&Unpaid:Policyholders..... . .. ...... .. . . .. . .. 868,437 i Ceded Reinsurance Premiums Payable .. ...... ... .. ..... .. . ... . .. 2,367,376 Funds Held by Company under Reinsurance Treaties.. . ........ .. .. .. 1,031 Amounts Withheld by Company for Account of Others .... . ... . . .. .... 67,451,019 Provision for Reinsurance.. .......... ... ... .......... .. . ... . . . 43,665 Payable to Parent,Subsidiaries and Affiliates..... ... .......... . . . .. 56,120 Other Liabilities . . .. ..... . .. . ..... . ...... .. . . .. ...... . .. ... 6,884,658 TOTAL LIABILITIES ..... ... .............. . . .. .. $125,306.898 Common Capital Stock.. ... ....... ... ...... .. . . .. . . ... .. .. . . . $1,500,000 Gross Paid-in&Contributed Surplus..... ...... . . .. ...... ... .. . . . 374,600 Surplus Notes .. ... ....... ... . ...... ... . . .. ... ... ... .. . ... 16,000,000 Unassigned Funds(Surplus) . ......... ..... ... ... ....... .... .. . 72,212,700 Less:Treasury Stock at cost(21,744 shares common)(value incl$45.) . . ... 978,480 Surplus as Regards Policyholders . . ... ....... ... . ... $89,108,820 TOTAL LIABILITIES,SURPLUS&OTHER FUNDS. . . ... $214.415,720 I,Francis L.Mitterhoff,President of INTERNATIONAL FIDELITY INSURANCE COMPANY,certify that the foregoing is a fair statement of Assets,Liabilities,Surplus and Other Funds of this Company,at the close of business,December 31,2016, as reflected by its books and records and as reported in its statement on file with the Insurance Department of the State of New jersey. I E\QE ITY/NfG IN TESTIMONY WHEREOF,I have set my hand and affixed the °R+i��= Seal of the Company,this 22hd day of'FeBruary,201T. j SEAL m INTERNATIONAL FIDELITY INSURANCE COMPANY 4 19 D4 o I • I i 01, & �w Tma _W_ 152?.�? 'fk,mWC a. .1,3 L ob. Uit IMPANY'! ,EIWWZAZ T02462, EW'I K.:* EWJER-SEY.,i0T1 PANY,.:A:q man ..j e'.. and Al ­1 . . i �5 t NAL KICEZOM 'KNOWALLMEN:' THESE f,1DEUTYj*HSURA bn::!6r..g$n BY'T SQAQ_Y-`-',C`0 'y oration qfgange -:ano Pr �yv. th"6*-I'aW�:.6f.liha."*S't;jtd.:Of.:. GHE. :. .. mp4N. ­:aie9rpT_ :h 1.�j in' , Jersey, o.We y,qo�spt4t0".pnd. 'a' I A Of the: ;City bt, dw.atk.. appoint N th6iir principal 16 ,:N p I; ay. 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Y, pqrp on app,-, e 1b.p. a ON U...... _.ra o Rh t .0 h 'o r ,�'tp' -v.S1id;Md,!b1hd1fid:-upnAK pq 111 fflintia.-Y. dq b id - 1!. _e 7, Coi .p 666h _tb pNteid,arid W -10NAL NtjEL1-.T?.,' AN --.-C�-OMP.A -ALtGH'.8N,'.,'..-�G--ASUALT�Y,C-.0�N4P Y41baV4i,-bbch-:­ex, 'HEREOF-�.INTE ..W Y-ijN$UR CE AN A.ftested'these-presen ........... n Tr-A.-T1E'-.QF NEWJ - M4E.Y.,c.,i IL11 :CoUn­py­;,o!,Essex j1 '936-.1 T9.0.4 w Irifefnatiorial: Idtfigid&.0en _s� :(,:- 6rA0&hy)EzeeiitiveOfficer1nd­ -iei4entAdje y poy 6 z. by-m, e; u -d`4 :Oh:Ah1s:-31.stdaY;pf::QeWcutetlecediFl R rn rm 'TIONAL FIDELITY �;Oorsoqol y," (INSURAN(CE:-�'(QMPAW and'. th"th."" im�'AUIrtoriz-W�-otticef�.'O.f-:.INTF-RNA t-O'MPANY.*-�,�thEit'�-tht)�.sddl�,.-ii6,;�dd.".tb�toid:i.nstrvm.ggi,��ar -.Me�!Q_orpoz -.:.e .3 y:.o a Om te 8 �itA 6f,_ 6:%t6�j '3 es, xe er, _y STIM, 'N Y H U<ho.ve. Pori PIP rN t* -pudw 7 A.NOTARY:PUBLIC OPNEW.JERSEY­ 164 Ex pjreg,, My Q c i'm ft ss 10 r i 7 tAT IWION -C \lie ell tetra ` ed'60idei.60NERNX'nO-NAL':ID.�LITY�.INSURANCE*::COM-:6OYa., '-AL.LE 0 H ENYZA$UALTY C.OMPA'NY :dp 6d;the5 ' c 6'-Laws of said C660a h1ds'* ,tW "t said d Power ofAttomey';,with tris orlg!nals onfile.[n ihe;home office of i :cpmpan e , andattiat tg are.correct transcrptsithd e0 X 201 tfi 8 * W, IM �jjsg --- w 2 xi 'xr; (,--I �% iit VENDOR NAME: QUINTAL CONTRACTING CORP VENDOR INFORMATION SHEET TYPE OF ENTITY:CORP. X PARTNERSHIP INDIVIDUAL FEDERAL EMPLOYEE ID #: 11-2967550 OR SOCIAL. SECURITY #: DATE OF ORGANIZATION: 02i14i1989 IF APPLICABLE: DATE FILED: STATE FILED: NEW YORK If a non-publicly owned Corporation: CORPORATION NAME: QUINTAL CONTRACTING CORP LIST PRINCIPAL STOCKHOLDERS: (5% of outstanding shares) ANTHONY QUINTAL, JR. LIST OFFICERS AND DIRECTORS: NAME TITLE ANTHONY QUINTAL, JR. PRESIDENT,VP, SECRETARY, TREASURER t■■■■■■■■■■■s■■■■■■■■■■■■■■■■■■■■■■■•s■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■i If a partnership: PARTNERSHIP NAME: LIST PARTNERS NAMES: Proposal Package 3 of 9 ADDRESS RECORD FORM MAIL BID TO: QUINTAL CONTRACTING CORP VENDOR NAME: ADDRESS: 359 MAIN STREET, SUITE 1B ISLIP,NY 11751 CONTACT: PAUL GOLOFARO TELEPHONE: 631-665-0429 FAX: 631-665-0223 E-MAIL: BIDS@QUINTALGROUP.COM ONLY if different - MAIL PURCHASE ORDER TO: ADDRESS: TELEPHONE: FAX: CONTACT: E-MAIL: ONLY if different - MAIL PAYMENT TO: ADDRESS: TELEPHO FAX: CON CT: E-MAIL: Proposal Package 4 of 9 VENDOR NAME: QUINTAL CONTRACTING CORP ASSUMED NAME CERTIFICATION *If the business is conducted under an assumed name, a copy of the certificate required to be filed under the New York general business law must be attached. ASSUMED N/A NAME: If the bidder is an individual, the bid must be signed by that individual; if the bidder is a corporation, by an officer of the corporation, or other person authorized by resolution of the board of directors, and in such case a copy of the resolution must be attached; if a partnership, by one of the partners or other person authorized by a writing signed by at least one general partner and submitted with the bid or previously filed with the Purchasing Agent. The submission of this constitutes a certification that no Town Officer ,has any interest therein. (Note: In the event that any Town Officer has any such interest, the full nature thereof should be disclosed below. It is not forbidden that individuals working for the Town of Southold or other municipality bid on contracts only that such interest be revealed when they do bid.) N/A INSURANCE STATEMENT Bidder agrees as follows -please mark appropriate box: Insurance Certificate as requested is attached I certify that I can supply insurance as specified if awarded the bid Insurance Certificate filed on DATE FAILURE TO PROVIDE SPECIFIED INSURANCES L ;?U ER. f AUTHORIZED SIGNATURE Proposal Package 5 of 9 AFFIDAVIT OF NON-COLLUSION I hereby attest that I am the person responsible within my firm for the final decision as to the prices(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: 1. The price(s) and amount of this bid have been arrived at independently, without consultation, - communication or agreement for the purpose of restricting competition with any other contractor, bidder or potential bidder. 2. Neither the price(s), nor the amount of this bid, have been disclosed to any other firm or person who is a bidder or potential bidder on this project, and will not be so disclosed prior to bid opening. 3. No attempt has been made or will be made to solicit; cause or induce any firm or person to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non-competitive bid or other form of complementary bid. 4. The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from any firm or person to submit a complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase of materials or services from any other firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by an firm or person to refrain from bidding or to submit a complementary bid on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything, of value by any firm or person, whether in connection with this or any project, in consideration for my firm's submitting a complementary bid, or agreeing to do so, on this project. 7. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid, on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in this affidavit. The person si iVisunder the penal ies of perjury, affirms the truth thereof. 7 SWORN TO BEFORE ME THIS Signature&Company Position pAWA PAUL GOLOFARO,VP-CONSTRUCTION _DAY OF 20_& Type Name&Company Position QUINTAL CONTRACTING CORP , Company Name rNotary OTARY PUBL1 :Registration RBARA MARTIN ublic, State of New York Date Signed #01MA6160132 11-2967550 ied In Nassau Countyon Expires Jan 29,20 A- Federal I.D Number Proposal Package 6 of 9 THE PROPOSAL FORM Pike Street Parking Lot Improvements VENDOR NAME: QUINTAL CONTRACTING CORP VENDOR ADDRESS: 359 MAIN STREET, SUITE 113 ISLIP,NY 11751 TELEPHONE NUMBER: 631-665-0429 FAX: 631-665-0223 The undersigned bidder has carefully examined the Contract Documents and will provide all necessary labor, materials, equipment and incidentals as necessary and called for in the said Contract Documents in the manner prescribed therein and in said Contract, and in accordance with the requirements of the Engineer, at the prices listed on the attached Bid Proposal Form. If the bidder is an individual, the bid must be signed by that individual; if the bidder is a corporation, the bid must be signed by an officer of the corporation, or other person authorized by resolution of the board of directors, and in such case a copy of the resolution must be attached; if a partnership, by one of the partners or other person authorized by a writing signed by at least one general partner and submitted with the bid documents. The submission of this constitutes a certification that no Town Officer has any interest therein. (Note: In the event that any Town Officer has any such interest, the full nature thereof should be disclosed below. It is not forbidden that individuals working for the Town of Southold or other municipalities bid on contracts, but only that such interest be revealed when they do bid.) The undersigned hereby acknowledges receipt of the following Addenda (if none were issued please write N/A below): Addendum No. Dated Proposal Package 7 of 9 Pike Street Parking Lot Improvements Itemized Proposal for: Town of Southold ITEM NO. ESTIMATED DESCRIPTION OF ITEM UNIT BID PRICE EXTENDED AMOUNT BID QUANTITY (Fill in Unit Price Written in Words) DOLLARS CENTS DOLLARS CENTS 1 1 Demolish Existing Concrete Sidewalks 18,500 00 18,500 00 for EIGHTEEN THOUSAND FIVE HUNDRED DOLLARS AND ZERO CENTS/LS Dollars Cents Raise Existing Castings to Finished Grade 1,600 00 9,600 00 2 6 ONE THOUSNAD SIX HUNDRED DOLLARS AND ZERO CENTS for /EA Dollars Cents Install Concrete Curbing 3 512 LF 45 50 23,296 00 for FORTY FIVE DOLLARS AND FIFTY CENTS /LF Dollars Cents Install Concrete Aprons a zoo SF 28 00 5,600 00 for TWENTY EIGHT DOLLARS AND ZERO CENTS /SF Dollars Cents Install Concrete Sidewalks 5 1,050 SF for SIXTEEN DOLLARS AND FIFTY CENTS /SF 16 50 17,325 00 Dollars Cents Install Concrete Islands 6 120 SF TWENTY EIGHT DOLLARS AND ZERO CENTS 28 00 3,360 00 for /SF Dollars Cents TOTAL BASE BID Items(Add All Items) SEVENTY SEVEN THOUSAND SIX HUNDRED EIGHTY ONE DOLLARS AND ZERO CENTS 77,681.00 Dollars Cents (Numerically) WRITTEN IN WORDS NOTE: The Town of Southold reserves the right to increase,decrease,or eliminate in its entirety any or all Items prior to or after award of the bid. Proposal Package 8 of 9 AUTHORIZED SIGNATURE PRINT NAME PAUL GOLOFARO TITLE W-CONIS�TJRUCTT�ION DATE ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF SUFFOLK ) ss.: I�� y in the year 2018 before me, the undersigned, personally On the "t da of (,ll�t-Yl appeared, bot6ka , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same, in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. 9 atb(0_0._Avu� NOTARY PUBLIC BARBARA MARfrlN Notary Public, State of New York Registration#01MA6160132 Qualified In Nassau County Commission Expires Jan 29, 20 Proposal Package 9 of 9 CONTRACT.AGREEMENT THIS AGREEMENT made this day of Two Thousand and Eighteen by and between the Town of Southold;party of the-first part (hereinafter called the Owner), and ;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: 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 associated with'the Pike Street Parking Lot-Improvements. " AS DESCRIBED IN THE Contract Documents made and prepared by the Town of Southold, and as set forth.in the Contractor's Bid dated , and in strict and entire conformity and in accordance with the Notice to Bidders, Instructions to Bidders, Proposal Form (Bid), , Conditions of Contract, General Conditions, Detailed Specifications, Contract Drawings, Addenda, and this Agreement, hereto annexed andmade a part hereof, and hereinafter collectively referred to as "Contract Documents".' SECOND: In Consideration of the Contractor performing this Contract in the manner herein stated and as stated in the Contract Documents, the Owner promises and agrees to pay or cause to be paid to the Contractor the sums of money mentioned in said Contract Documents in the manner and under the conditions therein provided. THIRD: The Contractor covenants and agrees that, anything in this Contract or in the Contract Documents"to be contrary notwithstanding, or regardless of any matter, thing, contingency of condition unforeseen or otherwise, present or future, the Contractor shall not be entitled to receive any additional or further sums of money than the amounts in said Contract Documents provided; and :the failure of the Owner or its agents to insist upon strict performance of any of the terms, covenants, agreements, provisions or conditions in this Agreement or in the Contract Documents, on any one or more instances, shall not be construed as a waiver or relinquishment for the future of any such terms, covenants, agreements, provisions and conditions and the same shall be and remain in full force and effect with power and authority on the part of the Owner to enforce the same or cause the same to be enforced at any time, without prejudice to any other rights which the Owner may have against the Contactor under this Agreement or the Contract Documents. A-1 1 1 Terms used in the Agreement which are defined in Article 1 of the General Conditions shall have the meanings indicated in the General Conditions. Neither Owner nor Contractor shall, without the prior written consent of the other, assign or sublet in whole or part his interest under any of the Contact Documents; and, specifically, Contractor shall not assign any monies due or to become due without the prior written consent of the Owner. Owner and Contractor each binds himself, his partners, successors, assigns and legal representatives of the other party hereto in respect to all covenants, agreements and obligations contained in the Contract Documents. The Contract Documents'constitute the entire agreement between Owner and Contractor and may only be altered, amended,or repealed by a duly executed written instrument signed by both parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. Total Bid Dollars Written in Words $ , Written in Figures TOWN OF SOUTHOLD CONTRACTOR BY BY Scott A. Russell, Supervisor TITLE BY Town Attorney (CORPORATE SEAL) A-2 .0 ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF ) ss.: On the day of in.the year 2018 before me, the undersigned, personally appeared, , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. NOTARY PUBLIC STATE OF NEW YORK, COUNTY OF )ss.: On the day of in the year 2018 before me, the undersigned, personally appeared, , personally known to me.or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the-same in his/her/their capacity(ies), and that by hiAer/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. NOTARY PUBLIC A-3 v Town of Southold BIDDER'S QUALIFICATION STATEMENT The signatory of this questionnaire certifies'under oath the truth and correctness of all statements and of all answers to interrogatories hereinafter made. SUBMITTED BY: PAUL GOLOFARO A Corporation QUINTAL CONTRACTING CORP A Partnership or Entity FIRM NAME: An Individual PRINCIPAL OFFICE: 359 MAIN STREET,SUITE 113,ISLIP,NY 11751 PRINCIPAL OFFICERS: BACKGROUND TITLE NAME ADDRESS PROFESSION/TRADE PRESIDENT ANTHONY QUINTAL,JR 608 SHORE RD, CONSTRUCTION OAKDALE,NY 11769 1. How many years has your organization been:in business under its present business name? 29 2. You normally perform what percent,of the work with your own.forces? 100 List trades that you organization normally performs below: CARPENTERS OPERATORS LABORERS 3. Have you ever failed to complete any work awarded to you? NO. If so, note where and why. 4. Are there any claims,judgments, arbitration proceedings or suits pending or outstanding against your ,firm or its officers?If yes, please provide details. NO Q$-1 a . 5. Has your firm requested arbitration or filed any lawsuits with regard to construction contracts within.the last five years?If yes, please provide details. NO 6. List the major construction projects your organization has underway at this date: Name of: Engineer/ Project Owner Architect Contract Percent Scheduled Name Telephone# Telephone# Amount Complete Completion SEE ATTACHED LIST 7. List five major projects you organization has completed in the.past five.years:. Name of: Engineer/ Work Done Project Owner Architect Contract Date of With Own Forces Name Telephone# Telephone# Amount Completion %of Work SEE ATTACHED LIST QS-2 • � 1 8. List the construction experience of the principal individuals of your organization (particularly the anticipated project supervisors): Present Type of Work, Position Years of For Which In What Individual's Name Of Office Experience Responsible Ca aci OWNER,OPERATOR ALL ANTHONY QUINTAL,JR. PRESIDENT 35 PAUL GOLOFARO VP-CONSTRUCTION 19 OPERATION MANAGER, ALL SUPERVISOR, LABORER 9. Do you have, or can you obtain, sufficient labor and equipment to commence work when required and complete the work within the Contract Time? YES 10. Bank References: BNBBANK 11. Trade Association Membership: OPERATORS-LOCAL 138 LABORERS-LOCALS 1298,731 DOCKBUILDERS-LOCAL 1556 12. Has your firm ever been investigated by the New York State Department of Labor for prevailing wage rate violations?If yes,when? What was the outcome of the investigation? NO QS-3 ea 13. Attach current state of financial conditions showing assets, liabilities and net worth. Failure to attach the required documentation may be considered non-responsive on the part of the Bidder and may result in rejection of the Bidder's Proposal. STATE OF ) COUNTY OF SUFFOLK ) PAUL GOLOFARO being duly sworn deposes and says that he is the VP-CONSTRUCTION of QUINTAL CONTRACTING CORP contractor and that answers to the foregoing questions and all statements therein contained are true and correct. (Signature of person who signed bid) Sworn to before me this Ir day of �U 2018 Notary Public Commission Expiration Date: BARBARA MARTIN Notary Public, State of New York Registration#01MA6160132 Qualified In Nassau County Commission Expires Jan 29, 20 QS=4 QUINT CONTRACTING CORP. OUR EXPERIENCE IS EVERYTHING 359 MAIN STREET SUITE 1 B ISLIP,NY '1 1751 MAIL:P.O.Box 427•ISLIP,NEW YORK 1 1751 PHONE:(631)665-0429•FAx(631)665-0223 March 13, 2018 Town of Southold Pike-Street Parking Lot Improvements Completed Projects—Past 5 Years: Concrete Paving Improvements Inc. Village of Ocean Beach Town of Islip Contact: Steve Brautigam Tel: 631-583-5940 Contract Amount: $575,892.00 Date of Completion: May 2015 % done of own work force— 100% Road/Sidewalks—North Country Road and Wading River Pond Town of Brookhaven Contact: Mike Kochen Tel: 631-767-9282 Contract Amount: $343,000.00 Date of Completion: March 2015 % done of own work force— 100% Requirements Contract No.: 8-16.6.16AI —Misc. Highway Construction Suffolk County Department of Public Works Contact: Timmy Herman Tel: 631-461-0330 Contract Amount: Requirements Date of Completion: August 5, 2018 % done of own workforce: 100% Green Creek Rehabilitations of Culverts Suffolk County Department of Public Works Contact: Kevin Mathers Tel: 631-852-4078 Contract Amount: $1,213,219.20 Date of Completion: April 2016 % done of own workforce: 100% NTAL CONTRACTING CORP. OUR EXPERIENCE IS EVERYTHING 359 MAIN STREET SUITE 1 B ISLIP,NY 1 1751 MAIL:P.O.Box 427•ISLIP,NEW YORK 1 1751 PHONE:(631)665-0429•FAx(631')665-0223 March 13, 2018 Town of Southold Pike Street Parking Lot Improvements Construction Projects in Progress: Construction of the Canarsie West Trail Connector NYC Parks and Recreation Maria Diaz—(646) 634-7860 $1,015,000.00 Percent complete: 85% Scheduled completion: May 2018 Construction of the Bronx River Watershed Stormwater Management and Slope Stabilization NYC Parks and Recreation Mafuzul Mashud—(646) 596-5697 $338,981.50 Percent complete: 90% Scheduled completion: May 2018 Reconstruction of Tribute Park NYC Parks and Recreation $2,287,616.00 Percent complete: 0% Scheduled completion: September 2020 i f i I QUINTAL CONTRACTING CORP. (AN S CORPORATION) FINANCIAL STATEMENTS JUNE 3012017 i I ' I � 4 I i 1 { 1 t QUINTAL CONTRACTING CORP. (AN S-CORPORATION) CONTENTS 1 .i :a Page { Independent Accountants' Review Report 1 Financial Statements 1 Balance Sheet at June 30,2017 2-3 r Statement of Income and Retained Earnings for the Six Months Ended June 30, 2017 4 Statement of Cash Flows for the Six Months Ended June 30,2017 5-6 I Notes to Financial Statements 7-14 Supplementary Information Independent Accountants' Review Report on Supplementary Information 15 Schedule of Contract Receivables at June 30,2017 16 Schedule of Earnings From Contracts for the Six Months Ended June 30,2017 17 Schedule of Contracts Completed During the Six Months Ended June 30,2017 18 Schedule of Contracts in Process at June 30,2017 19 Schedule of Contract Costs for the Six Months Ended June 30,2017 20 Schedule of General and Administrative Expenses for the Six Months Ended June 30,2017 21 i 313 W.Old Country Road CK Hicksville,NY 11801 Tel.516.937.9500 1 Fax.516.932.0485 J CASTELLANO I KORENBERG www.castellanokorenberg.com & COMPANY INDEPENDENT ACCOUNTANTS' REVIEW REPORT To The Stockholder Quintal Contracting Corp. (An S Corporation) Islip,New York We have reviewed the accompanying financial statements of Quintal Contracting Corp., which comprise the balance sheet as of June 30, 2017 and the related statements of income and retained earnings and cash flows for the six months then ended,and the related notes to the financial statements. A review includes primarily applying analytical procedures to management's financial data and making inquiries of Company management. A review is substantially less in scope than an audit,the objective of which is the expression of an opinion regarding the financial statements as a whole. Accordingly,we do not express such an opinion. i Management's Responsibility for the Financial Statements ' I ' Management is responsible for the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America;this includes the design,implementation,and maintenance of internal control relevant to the preparation and fair presentation of the financial statements that are free from material misstatement whether due to fraud or error. Accountants'Responsibility Our responsibility is to conduct the review in accordance with Statements on Standards for Accounting and Review Services promulgated by the Accounting and Review Services Committee of the AICPA. Those standards require us to perform procedures to obtain limited assurance as a basis for reporting whether we are aware of any material modifications that should be made to the financial statements for them to be in accordance with accounting principles generally accepted in the United States of America. We believe that the results of our procedures provide a reasonable basis for our conclusion. Accountants'Conclusion Based on our review we are not aware of any material modifications that should be made to the accompanying financial statements in order for them to be in accordance with accounting principles generally accepted in the United States of America. . CASTELLANO, ORENBER &CO.,CPAs,P. .. ' Hicksville,New York August 17,2017 . -1- Certified Public Accountants,P.C. i i 3 BALANCE SHEET 3 i � r r k I - ' `I QUINTAL CONTRACTING CORP. (AN S CORPORATION) BALANCE SHEET JUNE 30, 2017 ASSETS i ICURRENT ASSETS: Cash $ 284,328 Contract receivables 1,028,342 Prepaid income taxes 1,775 Prepaid expenses and other current assets 20,704 Total Current Assets 1,335,149 PROPERTY AND EQUIPMENT 785,115 OTHER ASSET: Loan receivable- officer 344,253 $ 2,464,517 See independent accountants' review report and notes to financial statements. -2- r LIABILITIES AND STOCKHOLDER'S EQUITY CURRENT LIABILITIES: Note payable-bank $ 341,000 Accounts payable 299,991 Billings in excess of costs and estimated earnings on -. uncompleted contracts 46,418 Accrued expenses and other current liabilities 57,500 Total Current Liabilities 744,909 LONGTERM LIABILITY: Advances from stockholder 50,000 STOCKHOLDER'S EQUITY Common stock-no par value; 200 shares authorized, 100 shares issued and outstanding 1,000 Additional paid-in capital 240,544 Retained earnings 1,428,064 Total Stockholder's Equity 1,669,608 $ 2,464,517 I -3- i QUINTAL CONTRACTING CORP. (AN S CORPORATION) STATEMENT OF INCOME AND RETAINED EARNINGS FOR THE,SIX MONTHS ENDED JUNE 30, 2017 CONTRACT REVENUES EARNED S 2,902,838 CONTRACT-COSTS 2,314,834 t i GROSS PROFIT ON CONSTRUCTION 588,004 GENERAL AND ADMINISTRATIVE EXPENSES. 431,643 INCOME FROM OPERATIONS 156,361 OTHER(EXPENSE) INCOME: Interest income. 8 Interest expense (5,379) Total Other Expense (5,371) NET INCOME BEFORE PROVISION FOR INCOME TAXES 150,990 PROVISION FOR INCOME TAXES 250 NET INCOME 150,740 RETAINED EARNINGS,BEGINNING OF PERIOD 1,277,324 RETAINED EARNINGS,END OF PERIOD $ 12428,064 See independent accountants' review report and notes to financial statements. -4- QUINTAL, CONTRACTING CORP. (AN S CORPORATION) STATEMENT OF CASH FLOWS FOR THE SIX MONTHS ENDED JUNE 30, 2017 CASH FLOWS FROM OPERATING ACTIVITIES: z Cash received from construction contracts $ 3,915,208 3 i Interest income received 8 s Cash Provided By Operating Activities 3,915,216 1 Cash paid for contract costs (2,630,406) Cash paid for general and administrative costs (520,467) 3 Interest paid (5,379) Income taxes paid 1,450 Cash Disbursed For Operating Activities 3,157,702 NET CASH PROVIDED BY OPERATING ACTIVITIES 757,514 t CASH FLOWS FROM FINANCING ACTIVITIES: _ i Advances.to stockholder (344,253) Principal repayments of long-term debt (89,002) r Principal repayments of advances from stockholder 55,74 NET CASH USED IN FINANCING ACTIVITIES 489 002 i . NET INCREASE IN CASH 268,512 CASH,BEGINNING OF PERIOD 15,816 $ 284,328 CASH,END OF PERIOD See independent accountants' review report and notes to financial statements. -5- I QUINTAL CONTRACTING CORP. (AN S CORPORATION) STATEMENT OF CASH FLOWS FOR THE SIX MONTHS ENDED JUNE 30, 2017 i ; 1 RECONCILIATION OF NET INCOME TO.NET {{ CASH PROVIDED BY OPERATING ACTIVITIES: f , NET INCOME $ 150,740 ADJUSTMENTS TO RECONCILE NET INCOME TO NET CASH PROVIDED BY OPERATING ACTIVITIES f - Depreciation and amortization 86,228 Changes in assets(increase) decrease: Contract receivables 1,172,120 Prepaid income taxes (1,200) Prepaid expenses and other current assets (881) F Changes in liabilities increase(decrease): 398,56 Accounts payable Billings in excess of costs and estimated earnings + on uncompleted contracts (159,750) Accrued expenses and other current liabilities (91,176) tt , Total Adjustments _ 606,774 f NET CASH PROVIDED BY OPERATING ACTIVITIES $ 7572514 I� i� Y: i :s. a t See independent accountants' review report and notes to financial statements. -6- i I i QUINTAL CONTRACTING CORP. i (AN S CORPORATION) NOTES TO FINANCIAL STATEMENTS (SEE INDEPENDENT ACCOUNTANTS' REVIEW REPORT) i 3 1 Note I Summary of Sianificant Accounting Policies Business Activity Quintal Contracting Corp.("the Company")specializes in asphalt and concrete paving, excavating, land clearing, trucking and hauling for governmental, institutional and commercial projects. Revenue is primarily derived from fixed price contracts. The length of the Company's contracts vary, but typically 4 range from six months to one year. The contracts areperformed primarily on z 1 Long Island. i Cash Equivalents ;j :i i The Company considers securities with maturities of three months or less,when _i purchased, to be cash equivalents. , Revenue and Cost Recognition ll The Company recognizes revenues from contracts under the percentage of i completion method. Under this method, progress towards completion is recognized according to the ratio of incurred costs to total estimated costs. This method is used because management considers the "cost to cost" method the most appropriate in the circumstances. Ir Contract costs include all direct materials, labor costs and all indirect costs related to contract performance. General and administrative costs are charged to expense as incurred.Provisions for estimated losses on uncompleted contracts are made in the period in which such losses are determined. Changes in job performance,job conditions and estimated profitability,including those arising from settlements,may result in revisions to costs and income and are recognized in the period in which the revisions are determined. Profit incentives are included in revenues when their realization is reasonably assured.An amount equal to contract costs attributable to claims is included in revenues when realization is probable and the amount can be reliably estimated. The liability,"Billings in excess of costs and estimated earnings on uncompleted contracts",represents billings in excess of revenues earned. i i _']_ it. d 'r i i I QUINTAL..CONTRACTING CORP. (AN S CORPORATION) _.:._. NOTES TOXINANCIAL STATEMENTS (SEE INDEPENDENT ACCOUNTANTS' REVIEW REPORT) Note 1 - Summary of Significant Accounting Policies (cont'd). Revenue and Cost Recognition (cont'd). In accordance with normal construction industry practice, the Company includes in current assets and current liabilities amounts relating to construction contracts realizable and payable over a period in excess of one year. Credit Risk The Company does not require collateral from its customers but assesses the financial strength.of its customers. Based on such assessment,the Company has provided a general allowance for doubtful accounts of$3,500..The Company believes that its credit risk exposure based upon the financial strength of its customers,other than disclosed above,is limited. Such estimates may change in the near future. Under the Uniform Commercial Code,the Company's contract receivables are collaterizable by the filing of mechanics liens on the projects. Pervasiveness of Estimates The preparation of financial statements in conformity with accounting principles generally accepted in the United States of'America requires management to make estimates and*assumptions that affect the reported amounts of assets and liabilities,disclosure of contingent assets and liabilities at the date of the financial statements, and revenues and expenses during the ,reporting period. In these financial-statements,assets,liabilities,earnings from G contracts and expenses.involve extensive reliance on management's estimates. g Actual results could differ from those estimates. Property and Equipment Property and equipment is stated at cost. The costs of additions and `"- betterments are capitalized and expenditures for repairs and maintenance are expensed in the period incurred. When items of property and equipment are sold or retired, the related costs and accumulated depreciation are removed from the accounts and any gain or loss is included in income. i' C R QUINTAL CONTRACTING CORP. (AN"S CORPORATION) s NOTES TO FINANCIAL STATEMENTS 5 (SEE INDEPENDENT ACCOUNTANTS' REVIEW REPORT) i Note 1 - Summary of Significant Accounting Policies (cont'd). Property and Equipment(cont'd). Depreciation and amortization of property and equipment is provided utilizing both the straight-line and accelerated methods over the estimated useful lives of I -the respective assets as follows: Office equipment 5 years Furniture and fixtures 7 years Machinery and equipment 7 years I Transportation equipment 5 years sLeasehold improvements 15 years Impairment of Long-Lived Assets The Company reviews long-lived assets held and used for possible impairment whenever events or changes in circumstances indicate that the carrying amount of an asset may not be recoverable. IW 4 i Variable Interest Entities iz • The Company accounts for the consolidation of variable interest entities(VIE), in accordance with the FASB ASC No. 810-10 "Consolidations". A variable interest entity is a legal entity other than an individual used for business purposes that either (a) has equity investors that do not provide sufficient financial resources for the entity to support its activities, or (b) has equity i; investors that lack certain characteristics of controlling interest. Prior to FASB ASC No. 810-10 consolidation was generally only required for companies holding a majority voting interest. FASB ASC No. 810-10 changes that by requiring a variable interest'entity 'be consolidated by a company if that company is subject to a majority of the risk of loss from the variable interest entity's activities or is entitled to receive a majority of the entity's residual returns or both. FASB ASC No.810-10 also requires disclosures about variable interest entities that a company is not required to consolidate but in which it has a significant variable interest. r Management has tested for potential variable interest entities and has determined that none of its related or non-related entities qualify as requiring consolidation or additional disclosure. -9- i` s ;i QUINTAL CONTRACTING CORP. (AN-S CORPORATION) NOTES TO FINANCIAL'STATEMENTS (SEE INDEPENDENT ACCOUNTANTS' REVIEW REPORT) Note 1 - Summary of Significant Accounting Policies (cont'd). -� Income Taxes The Company has elected, by consent of its stockholder, to be taxed as an S w Corporation tinder the provisions of Section 1362(a) of the Internal Revenue u: Code. Under those provisions, the Company does not pay Federal or State r corporate income taxes on its taxable income. Instead, the stockholder is individually liable for Federal and State income taxes on the Company's taxable income. The Company accounts for income taxes utilizing FASB ASC No.740"Income Taxes"which requires that they follow the liability method of accounting for income taxes. The liability method provides that deferred tax assets and liabilities are recorded based on the difference between the tax basis of assets and liabilities and their carrying amounts for financial reporting purposes, referred to as"temporary differences." I � i Income taxes are provided for the tax effects of transactions reported in the fmancial'statements and consist of taxes,currently due plus deferred taxes. •n Construction contracts are reported for income tax purposes using the cash basis method of accounting and for financial statement purposes using the percentage of completion method.' Deferred income taxes resulting from ' reporting on the cash basis method are included in current liabilities. j •i The principal temporary difference between the basis of assets and liabilities and their carrying amounts for financial-reporting is as follows: ,. The basis of long-term construction contracts for financial reporting exceeds their tax bases by the cumulative amount of uncollected billings less net overbillings on contracts in progress,less unpaid expenses.The excess will be taxable when subsequently received or paid. F -10- i L QUINTAL CONTRACTING CORP. (AN-S-CORPORATION) NOTES TO FINANCIAL STATEMENTS (SEE INDEPENDENT ACCOUNTANTS' REVIEW REPORT) r Note 1-. ' Summary of Significant Accounting Policies-(cont'd). Income Taxes (cont'd). The Company accounts for uncertainties in income taxes under the provisions of FASB ASC No. 740. Among other things, FASB ASC No. 740 provides guidance to address uncertainty in tax positions and clarifies the accounting for mcome•taxes by prescribing a minimum threshold which income tax positions must achieve before being recognized in the financial statements. FASB ASC No.740 requires that the tax effect of a position be recognized only if it is"more likely than not" to be sustained based solely on its technical merits as of the reporting date. x • The Company is no longer subject to Federal, State and Local income tax examinations by taxing authorities for years ending before December 31,2014. C, Pervasiveness of Estimates 4 The preparation of financial statements in conformity with generally accepted { accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of „ contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period. Actual results could differ from those Estimates. a: Note 2- Contract Receivables N' f BILLED: . Contracts completed $ 761,856 164 443 Contracts in process Retainage 105,543 1,031,842 a Less:Allowance for doubtful accounts 3.500 S 1,028,34a `s. -11- C i QUINTAL CONTRACTING CORP. (AN S,CORPORATION) ` NOTES TO FINANCIAL STATEMENTS (SEE INDEPENDENT_ ACCOUNTANTS' REVIEW REPORT) I Note 3 - Property and Equipment 1 Property and equipment is summarized as follows: i Office equipment $ 13,517 _ Purniture and fixtures 7,699 Machinery and equipment 1,672,652 z Transportation equipment 132,214 Leasehold improvements 148,521 1,974,603 `z 1 Less:Accumulated depreciation and amortization 1,189,488 y }. $ 7852115 a Depreciation and amortization expense related to property and equipment a: amounted to$86,228 for the six month's ended June 30,2017,of which$82,996 has been charged to contract costs. v s Note 4 - Related Party Transactions At-June 30,2017,the stockholder has advanced the Company funds aggregating z - r $50,000. The advances are non-interest bearing and are not expected to be repaid within the next twelve months.These-advances have been subordinated r to the Company's bonding company. I " At June 30,2017,the Company has advanced the stockholder funds aggregating $344,253. The advances are non-interest bearing and are not expected to be { repaid within the next twelve months. The Company,leases its office facilities on a month to month basis from the stockholder. No formal lease agreement exists. Rent expense charged to operations for the six months ended June 30, 2017 amounted to $80,000. I � I � S' .t I:: 1 4 -12- i i k ' r `t QUINTAL CONTRACTING CORP. (AN'S CORPORATION), NOTES TO FINANCIAL STATEMENTS 1 { (SEE INDEPENDENT ACCOUNTANTS' REVIEW REPORT) 3 Note 5- Note Payable-Bunk Pursuant to an agreement with its fmancial institution, the Company may borrow up to $750,000 under a renewable line of credit. Interest is payable monthly at 1.25% above the bank's prime rate. The line is secured by _ substantially all assets of the Company.and the personal guarantee of the stockholder. At June 30,2017,*the Company had drawn down$341,000 on the line of credit. Note 6- Costs and Estimated Earnings on Uncompleted Contracts . Contract costs incurred $ 1,285,864 Estimated earnings 414,840 1,700,704 Less: Billings to date 1,747,122 $ (46:4181 r Included in the accompanying balance sheet under the following caption: Billings in excess of costs and estimated earnings on uncompleted contracts $ 46 418 Note 7- Contingencies 'The Company is involved in legal actions arising in the normal course of business. It is the opinion -of management that such actions will likely be resolved without any material effect on the Company. Contingencies include the usual obligation of contractors for performance and completion of construction contracts. -13- • s -t QUINTAL CONTRACTING CORP. (AN S CORPORATION) NOTES TO FINANCIAL STATEMENTS (SEE INDEPENDENT ACCOUNTANTS' REVIEW REPORT) Note 8- Provision For Income Taxes s The provision for income taxes is summarized as follows: Current: New York State $ 250 Note 9 - Backlog The following schedule shows a reconciliation of backlog representing signed wcontracts at June 30,2017. a Balance,December 31,2016 $ 1,318,073 New contracts and contract adjustments for ' a the six months ended June 30,2017 2,742,816 r. 4,060,889 Less: Contract revenues earned 2,902,838 _ Balance,June 30, 2017 $ 1,158,051 Note 10- Subsequent Events The Company has evaluated subsequent events through August 17, 2017 and determined that there were no events which have occurred that would require i disclosure or adjustments to the financial statements. i ° t : I � i -14- t. Ci .Z SUPPLEMENTARY INFORMATION N n fi �yy 5i a c Y wY • Y 7 V• i 4 7 i L t •t i 1 i 1� I r 313 W Old Country Road %MNK Hicksville,NY 11801 Tel.516.937.9500 1 Fax.516.932.0485 CASTELLANO I KORENSERG www.castellanokorenberg.com d COMPANY r INDEPENDENT ACCOUNTANTS' REVIEW REPORT ON SUPPLEMENTARY INFORMATION To The Stockholder Quintal Contracting Corp. (An S Corporation) Islip,New York Our report on the review of the basic financial statements of Quintal Contracting Corp.for the fsix months ended June 30, 2017 appears on page 1. The objective of that review was to perform procedures to obtain limited assurance as a basis for reporting;E P g whether we were aware of any material modifications that should be made to the financial statements for them f` to be in conformity with accounting principles generally accepted in the United States of America. The supplementary information included in the accompanying schedules is P, presented for the purposes of additional analysis and is not a required part of the basic financial statements. The information is the representation of management. We have reviewed the information and, based on our review, we are not aware of any material n modifications that should be made to the information-in order for it to be in accordance with accounting principles generally accepted in the United States of America.We have not audited the information and, accordingly, do not express an opinion on such information. i CASTELLANO,KORENBE CO. 6P.As, P.C. Hicksville,New York August 17,2017 -15- Certified Public Accountants,P.C. QUINTAL CONTRACTING CORP. (AN S CORPORATION) SUPPLEMENTARY INFORMATION SCHEDULE OF CONTRACT RECEIVABLES AT SUNS 30,2017 , REGULAR Subsequent Contract DeseripllonCunmt 3I-60 61-90 91+ Total Retainage Total Collections Receivable Receivables To 7122/17 Contracts Comnleted - Village ofBrightwaten-CanalBulkheadReplacement f 404,794 S -0- S- -0- S -0- f 404,794 f .0- f 404,794 f 404,794 Broadway Mall-Concrete And Paving 129,500 -0_ 49,720 -0- -0- 0 129.500 -0- 129,500 129,500 SCDPW-Mise,Hwy Construction -0- .0- 49,720 -0- 49,720 -0- SCDPW-Treetrimming&Removal -0- -0- 5,952 11,160 17,112 Town of Islip-Tree&Stump Removal 29,475 - •0• 17,112 _ -0- '17,415 -0- 1,595 48,485 -0- 48,485 .0- Town oCSouthhampton-Tree&Stump Removal 74.290 -0' -0- -0- 74,290 -0- 74,290 4)- Small&Previously Closed 13.682 18,980 _ 4,464 829 37,955 -0- 37,955 7,754 701,461" 36.395 _ 10,416 13,584 761.856 -0- 761,856 342.048 Conhacts in Procan Green Acres Mall-Truck Tunncts Phase 2 -0- 68,469 -0- NYC Parks-Canarsie West Trail Connector 24,449 -0. -0- 40- 68,469 -0- -0- 24,449 20,400 44,849 -0- [aurel Lake-DN Tanks 139,994 •0• -0- -0- 139.994 16,674 _ 156.668 -0- 164,443 - •D- -0- -0- __I64 105543 269.986 -0- 865,904 36,395 10,416 13,584 926,299 105,543 1,031,842 542,048 Liss:Allowance for doubtful accounts -0- A- - 3,500 -0- 3.500 -0- ].500 -0- f 865,904 S 36,393 S 6,916f 13,589 'f 922,799 f 105,543 f 1,028342 f 542,048 See independent accountants'review report on supplementary information -16- 'ails 1 I QUINTAL CONTRACTING CORP. (AN S CORPORATION) SUPPLEMENTARY INFORMATION - SCHEDULE OF EARNINGS FROM CONTRACTS FOR THE SIX MONTHS ENDED JEUNE 30, 2017 Contract Gross Revenues Contract Profit on Earned Costs Construction CONTRACTS COMPLETED DURING THE PERIOD $ 2,358,778 $ 1,862,988 $ 495,790 CONTRACTS IN PROCESS 544,060 451,846 92,214 $ 2,902,838 $ 2,314,834 $ 588,004 f I i 1 See independent accountants' review report on supplementary information. -17- r 1: i QUINTAL CONTRACTING CORP. (AN S CORPORATION) j SUPPLEMENTARY INFORMATION SCHEDULE OF CONTRACTS COMPLETED FOR THE SIX MONTHS ENDED JUNE 30,2017 I I i Mori Contract Totals _ Prior To Janus 1,2017 During IuneSix 30 2017u Faded Contract Description Revenues Contract Oros Revenues Contract Orm Revenues Contract Gross Earned Caps Profit Earned Costs Profit Earned Costs Profit Village of Babylon-Drainage $ 105,053 7'80.128 -f-24.925 S43,925 -T-34.U3 S9,882 S 61,128 f 46,085 f 15,043 Orccn Acres Mall-Sears Parking Int 297,300 227,050 70,230 265,370 202,697 62,673 31,930 24,353 7,577 Village ofBrightwicra-Canal BulkLead RepIscement 1,190,123 965,981 224,142 -0• -0• 40- 1,190,123 965,981 224,142 Broadway Mall-Bank fhmo 216.500 156,000 60,500 -0- •0- 40- 216.500 156,000 60,500 Broadway Mall-Concrete And Paving 249,300 187,125 62,375 -0- 4)- -0• 249,500 187,125 62,375 Town of Islip-Tree&Stump Rernonl 304,625 242,090 6ZS35 -0- Town of islip-Parks&Recreation 39,130 -0- -0- 304,623 242,090 62535 32,087 7,043 •0- -0- -0- 39,130 32,087 7,043 SCDPW-Misc.Hwy Construction 49,720 40,393 9,325 41- 49,720 9,325 SCDPW-Tree trimming&Removal 17,112 14,032 3,080 ,0- $ -0- 40,095 41 -0- 17,112 14,032 3,080 Town of SouOdtamptoa-Tree Sauop Removal 74,290 59,065 13,225 -0. -0-- -0• 74,290 59,065 15,225 NYPA Pond Scraping-Time and Material 12,437 9,472 2,965 40- -0- 4)- 12,437 9,472 2,965 Islip Public Schools 23,623 18,898 4,723 _ Village ofSaltaim 35,707 29280 6,427 -0 -0- 23.623 18,892 4,725 -0- -0• -0- 35,707 29,280 6,427 Small&Previously Closed 52,953 38,123 14,828 -0- 40. -0- 52,953 38,125 14,828 S 2,668A73 f 2,099,728 S 568,345 S 309,295 It 236,740 f®SS5 S 2,358,778 S 1.862,988 f 495,790 See independent accountants'review report on suppfesnentary information. -Ill. QUOfrAL commcr2Nc CORP. (ANSCORPORATIOIQ SUPPLUIRMARY INFORMATION SCIMDULB OF COMMCTS IN PROCM ATJUf(630.1017 FaT6e Sia Mmlka Fidel TOO Councl _ Fromleeeabe To lum)D 7017 Al Arm30.2011 hu 302017 Man••mwrCtimn.s Ceevan Dc dptloe C-- &timated R.— Casa Or® Peraml C.Ma Cato Aad B01Lop 1. Re••aun C. d Greta Wk lmd Cow To Amore Prim Oram E—d. lenvred Pro61 ComPla4 BRaep Euimnad P. Of E—d Cow Pro61 Rc..W 7 Complw a— P'.61 To Due To Date Evdep Caw AM Io PaP.M _ an Brumued Of Esoiap DiRlep Gran Aaa MJI•Trualt7uaads P6aui f 1,457.379 f 367,718 S 1339019 S 1,013.$93 f 344,771 93-48% 3 1".379 T--•0• f 10,760 f 201,973 f 179,660 f 27.93 f 91,760 S 70,763- f 21,997 NYC Paks•Cae•uie Weu Tedlfae . 1.014,762 223,732 26.993 21070 3,923 7.66% 44,749 .0. 17,336 26,997 i1,07D 3,923 977,779 770,460 217.129 Laael l.l*s•DNTada 390.394 79.ma 315.092 _ 210.9% 61.196 70.67% 377.694 44 17.302 315-M 230.$96 _ SUM 75.SM 60,119 13.384 S 7.$37.753 f 671.530 f 1.700,704 9 1235.164 f 414.$40 f 1.747,122 S •a f 46.417 1 S44A60 f 451.946 f 92X4 f I,ISSASI f 901.341 f 256,710 Sm 7tdq=drat v0 uau at6'm Lm repos oa 6applo tsrY IRfOaamioa, -19- a Y QUINTAL CONTRACTING CORP. (AN S CORPORATION) SUPPLEMENTARY INFORMATION SCHEDULE OF CONTRACT COSTS FOR THE SIX MONTHS ENDED JUNE 30, 2017 AUTO AND TRUCK EXPENSES $ 8,119 BONDING 53,766 DEPRECIATION 82,996 DIRECT LABOR 600,787 EQUIPMENT RENTAL 176,186 FREIGHT 22,3 69 INSURANCE 90,396 LICENSES AND PERMITS 1,202 MATERIALS 588,908 OTHER JOB COSTS 123,217 PAYROLL TAXES 50,560 REPAIRS AND MAINTENANCE 3,597 -- SUBCONTRACTORS 251,826 UNION BENEFITS 260,905 $ 2,3142834 I 1 _ = i See independent accountants' review report on supplementary information. -20- QUINTAL CONTRACTING CORP. (AN S CORPORATION) SUPPLEMENTARY INFORMfATION - - SCHEDULE OF GENERAL AND ADMINISTRATIVE EXPENSES FOR THE SIX-MONTHS ENDED JUNE 30, 2017 ADVERTISING $ 287 BANK CHARGES 30 -' CONSULTING 4,000 CONTRIBUTIONS 5,920 —DEPRECIATION AND AMORTIZATION 3,232 EMPLOYEE BENEFITS 34,091 - DUES AND SUBSCRIPTIONS 585 INSURANCE 10,276 i MISCELLANEOUS 46 i OFFICE EXPENSE 10,928 OFFICE SALARIES 138,487 OFFICER'S SALARY 67,500 i PAYROLL SERVICE 6,139 PAYROLL TAXES 25,9292,834 POSTAGE PROFESSIONAL FEES 30,126 RENT 80,000 TRAVEL AND ENTERTAINMENT 11,233 $ 4312643 i See independent accountants' review report on supplementary information. -21- r�— r �1 Contract Description i; 7 t I Contracts Completed Village of Brightwaters-Canal Bulk] G Broadway Mall-Concrete And Pavir r SCDPW-Misc.Hwy Construction SCDPW-Tree trimming&Removal Town of Islip-Tree&Stump Remoi Town of Southhampton-Tree&Stw Small&Previously Closed r Contracts in Process - Green Acres Mall-Truck Tunnels P1 NYC Parks-Canarsie West Trail Co: i, Laurel Lakes-DN Tanks .A S Less:Allowance for doubtful account 9 , f R w w v 11P.1-AIA Document A310TM' - 2010 Bid Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place Quintal Contracting Corp. of business) 359 Main Street,Suite 1B United States Fire Insurance Company Islip,NY 11751 101 Hudson Street This document has important legal Jersey City;NJ 07302 consequences.Consultation with OWNER: an attorney is encouraged with (Name, legal status and address) respect to its completion or Town of Southold modification. 53095 Main Road Any singular reference to Southold,NY 11971 Contractor,Surety,Owner or BOND AMOUNT: (5%)Five Percent of Amount Bid other party shall be considered plural where applicable. PROJECT: (Name, location or address, and Project number, if any) Pike Street Parking Lot Improvements The Contractor and Suretyare bound to the Owner in the amount set forth above,for the payment of which the Contractor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,as provided herein.The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents,or within such time period as may be agreed to by the Owner and Contractor,and the Contractor either(1)enters into a contract with the Owner in accordance with the terms of such bid,and gives such bond or bonds as may be specified in the bidding or Contract Documents,with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner,for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof,or(2)pays to the Owner the difference,not to exceed the amount of this Bond,between the amount specified in said bid and such larger amount for which the Owner 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.The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid.Waiver of notice by the Surety shall not apply to any extension exceeding sixty(60)days in the aggregate beyond the time for acceptance of bids specified in the bid documents,and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty(60)days. If this Bond is issued in connection with a subcontractor's bid to a Contractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement'shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 12th day"of March,2018 Quintal Contractinct Corp. (Pri ) (Seal) (Witness) (Title) . United Stat Fire insurance Co an a—D (Surety) (Seal) (Witness) (Ti J an No Attomey-In-Fad Init. AIA Document A31011—2010.Copyright©1963,1970 and 2010 by The American Institute of A hitects.All rights reserved.. 061110 POWER OF ATTORNEY UNITED STATES FIRE INSURANCE COMPANY PRINCIPAL OFFICE-MORRISTOWN,NEW JERSEY 01115404918 KNOW ALL MEN BY THESE PRESENTS:That United States Fire Insurance Company,a corporation duly organized and existing under the laws of the state of Delaware,has made,constituted and appointed,and does hereby make,constitute and appoint: Joseph Tantillo,Christopher Catera each,its true and lawful Attomey(s)-In-Fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver Any and all bonds and undertakings of surety and other documents that the ordinary course of surety business may require, and to bind United States Fire Insurance Company thereby as fully and to the same extent as if such bonds or undertakings had been duly executed and acknowledged by the regularly elected officers of United States Fire Insurance Company at its principal office, in amounts or penalties not exceeding: Seven Million, Five Hundred Thousand Dollars($7,500,000). This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind United States Fire Insurance Company except in the manner and to the extent therein stated. This Power of Attorney revokes all previous Powers of Attorney issued on behalf of the Attorneys-In-Fact named above and expires on January 31,2019 This Power of Attorney is granted pursuant to Article IV of the By-Laws of United States Fire Insurance Company as now in full force and effect, and consistent with Article III thereof,which Articles provide,in pertinent part: Article IV,Exec utioh of Instruments-Except as the Board of Directors may authorize by resolution,the Chairman of the Board,President, any Vice-President,any Assistant Vice President,the Secretary,or any Assistant Secretary shall have power on behalf of the Corporation: (a) to execute,affix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any contracts,obligations, instruments and documents whatsoever in connection with its business including, without limiting the foregoing, any bonds, guarantees, undertakings, recognizances, powers of attorney or revocations of any powers of attorney, stipulations, policies of insurance, deeds, leases, mortgages, releases,satisfactions and agency agreements; (b) to appoint,in writing,one or more persons for any or all of the purposes mentioned in the preceding paragraph(a),including affixing.the seal of the Corporation. Article III, Officers, Section 3 11, Facsimile Signatures, The signature of any officer authorized by the Corporation to sign any bonds, guarantees,undertakings,recognizances,stipulations,powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed, facsimile, lithographed or otherwise produced. In addition, if and as authorized by the Board of Directors, dividend warrants or checks, or other numerous instruments similar to one another in form, may be signed by the facsimile signature or signatures, lithographed or otherwise produced, of such officer or officers of the Corporation as from time to time may be authorized to sign such instruments on behalf of the Corporation. The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Corporation,notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, United States Fire Insurance Company has caused these presents to be signed and attested by its appropriate officer and its corporate seal hereunto affixed this IV'day of March,2016. UNITED STATER FTRF nvclmANC_E COMPANY Anthony R.Slimowicz,Senior Vice President State of New Jersey)" County of Morris ) On this 10`s day of March 2016, before me, a Notary public of the State of New Jersey, came the above named officer of United States Fire Insurance Company,to me personally known to be the individual and'officer described herein,and acknowledged that he executed the foregoing instrument and affixed the seal of United States Fire Insurance Company thereto by the authority of his office. ,{ SONIA SCALA �61�1 ct.ct NOTARY PUBLIC OF NEW JERSEY Sonia Scala (Notary Public) MY COMMISSION EXPIRES 3/25/2019 I,the undersigned officer of United States Fire Insurance Company,a Delaware corporation,do hereby certify that the original Power of Attorney of which the foregoing is a full,true and correct copy is still in force and effect and has not been revoked. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the corporate seal of United States Fire Insurance Company on the�� day of Mar'Ch 2018 UNITED STATES FIRE INSURANCE COMPANY �� Al Wright,Senior Vice President UNITED STATES FIRE INSURANCE COMPANY 1209 ORANGE STREET,WILMINGTON,DELAWARE 19801 STATEMENT OF ASSETS,LIABILITIES,SURPLUS AND OTFIER FUNDS AT DECEMBER 31,2016 ........... . .... .. ..... AS Bonds(Amortized Value)..................................... 1,471,712,440 Preferred Stocks(Market Value)....... .. .................... Common Stocks(Market Value)............................ 976,114,587 Cash,Cash Equivalents,and Short Term Investments.. 660,394,004 Derivatives.... ....... .......................... .............. 9,658,755 Other Invested Assets............................................. 305,942,724 Investment Income Due and Accrued.......................!.* 10,188,806 Premiums and Considerations.... ...........................r 205,718,194 , Amounts Recoverable from Reinsurers....................... 33522,118 Funds Held by or Deposited with Reinsured Companies, 6,197,733 Current Income Taxes Recoverable............................. 736,656 , Net Deferred Tax Asset. —........ ..... I......I.......... 154343,769 Electronic Data Processing Equipment........................... 2,990,320 Receivables from Parent,Subsidiaries and Affiliates... 65,966,844 " Other AsseL. ...... ... .................... ...... ............ iqlV TOTAL ASSETS.......................... LIABILITIES,SURPLUS&OTHER FUNDS Losses(Reported Losses Net of Reinsurance Ceded and Incurred But Not Reported Losses)..................................................1z............. 1,506,134,962 Reinsurance Payable on Paid Losses and Loss Adjustment Expenses.............. 79,695,550 Loss Adjustment Expenses................................................................ 41077,929 Commissions Payable,Contingent Commissions and Other Similar Charges......, 2,974,183 Other Expenses(Excluding Taxes,Licenses and Fees)................ 48,622,642 Taxes,Licenses and Fees(Excluding Federal Income Taxes)... 21,091,908 Unearned Premiums.......;.................... ............................ 496,766.067 Advance Premium..........................................................., .- , P 3,896.194 , Ceded Reinsurance Premiums Payable........................................... 23,203,107 Funds Hold by Company under Reinsurance Treaties............................... 13,591,894 Amounts Withheld by Company for Account of Others...................... 1?A!W M-41 h 59,691,214 Provision for Rai nsurance. 1,008,707 Payable to Parent,Subsidiaries and . .... 2,182,852 Other Liabilities. ........................... 53,603.045 TOTAL40,�44 ................. 730,7 Common Capital Stock. .................................................................. 12,096,000 Gross Paid In and Contributed Surplus............................. ................. 1,103,758,940 Unassigned Funds(Surplus)................ .... ......................................... 103.006,071 Surplus as Regards Policyholders................... .................... t,218,86T:01 I TOTAL LIABILTHES,SURPLUS&OTHER FUNDS.............f�e'v 51;049401 1,Carmine Scaglione,Vice President andontt.MMMTED STATES FIRE 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,December 31,2016,as reflected by its,books and records and as reported in its statement on file with the Insurance Department of the State of Delaware. IN TEST, HE -OF.AAW6,set my hand and affixed the seat of the Company,this 8th day of March,2017, '"RE,IPI§UIL CE COMPANY s State of ss. vCounty of. ::.. E v dOn this day of __ 20 _,before me personally came o ta be known, and known to me to be the individual described in and who executed the foregoing InSWment,and acknowledged to me that he executed the Q same. My commission expires Notary Public State of ss. CCounty of, ... E m On this . day of 20 before me personally came E � ' t`' 3 to be knownto me C X U C to be a member of Ehe fir[n of - -•; ;,. , described Ih and who eieectrted the me ttjat he executed the same as and for the act and deed of.said frm. My commission expires f n qmc NotaryPublic Stateof J" ��--�--�---a - -- ----y--------_� .------------------- s: bounty of----�--� i— E 9 On this I LAA.1, day of March ,20 before me personaily came 6 )ID l t:�I.D to be known to tfie 0 -X (1As rig c�io►�. a who being by Me duly swom;did depose and say that he is theof —, the corporation described in and which exdcuted4he abov instrument that he knows the:Seat of said corporation;the the.seal affixed to said fnstrumerit Is such carporate seal;thai it was so affixed by ordeirof the Board of Diredtbrs of said corporation,and that he signed his name thereto by like order, BARBARA MARTIN Notary Public, State of New York My commission expires Registration#01MA6160132 ,� Qualiri-e-dTn--I1Zssau County Notary Public -_-: Ian -29 State of New York County of Suffolk ss. N�arcl�. v On this ��, day of ,20,�, before me personally came at e N3 Joseph Tantillo to be known,who,being by me duly sworn,did depose and say that 0 C QX United States Fire Insurance Company he Is attorney-in-fact of the corporation described-in and which executed the above instrument;thattYe knows the corporate seal of said corporation;that the seal affixed to the within Instrument Is such corporate seal,and that he signed the said instrument and affixed the said seal as Attomey-in-Fact by authority of the Board of Directors of said corporation and by a:ithority of this office under the Standing Resolutloiis thereof. Christopher P Catera Notary Public,State of New York No.01CA6176842, Suffolk County My coaunission expires Commission Expires, Noy 5,20L6 FORM# 13 / Notary Public y VENDOR NAME: �1 IN ��• �" C VENDOR INFORMATION SHEET TYPE OF ENTITY:CORP. P2ARTNERSHIP INDIVIDUAL FEDERAL EMPLOYEE ID OR SOCIAL SECURITY DATE OF ORGANIZATION: IF APPLICABLE:,_ DATE FILED: STATE FILED: If a non-publicly owned Corporation: L CORPORATION NAME: �/� � —7,J C LIST CIPAL S OCKHOLDERS: (5% of outstanding shares) /f�oC/�► r� � LIST OFFICERS AND DIRECTORS: NAME T TLE If a partnership: PARTNERSHIP NAME: LIST PARTNERS NAMES: / Proposal Package 3 of 9 ADDRESS RECORD FORM MAIL BID TO: VENDOR NAME: ADDRESS: CONTACT: A� TELEPHONE: .6 31-7d 7-,s-6 oo FAX: lP 31'7d 7 dS^77 E=MAIL: ',v cS �Fi`eS �i'�o L . -► ONLY if different - MAIL PURCHASE ORDER TO: ADDRESS: TELEPHONE: FAX: CONTACT: E-MAIL: ONLY if different - MAIL PAYMENT TO: ADDRESS: TELEPHONE: FAX: CONTACT: E-MAIL: Proposal Package 4 of 9 VENDOR NAME: ASSUMED NAME CERTIFICATION *If the business is conducted under an assumed name, a copy of the certificate required to be filed under the New York general business law must be attached. ASSUMED NAME: If the bidder is an individual, the bid must be signed by that individual; if the bidder is a corporation, by an officer of the corporation, or other person authorized by resolution of the board of directors, and in such case a copy of the resolution must be attached; if a partnership, by one of the partners or other person authorized by a writing signed by at least one general partner and submitted with the bid or previously filed with the Purchasing Agent. The submission of this constitutes a certification that no Town Offider has any interest therein. (Note: In the event that any Town Officer has any such interest, the full nature thereof should be disclosed below. It is not forbidden that individuals working for the Town of Southold or other municipality bid on contracts only that such interest be revealed when they do bid.) INSURANCE STATEMENT Bidder agrees as follows - please mark appropriate box: Insurance Certificate as requested is attached I certify that I can supply insurance as specified if awarded the bid Insurance Certificate filed on _ DATE FAILURE TO PROVIDE.SPECIFIED INSURANCES IS ;WbElt. AUT ORIZED SIGNATURE ` Proposal Package 5 of 9 AFFIDAVIT OF NON—COLLUSION I hereby attest that I am the person responsible within my firm for the final decision as to the prices(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below'on his or her behalf and on behalf of my firm. I further attest that: 1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose of restricting competition with any other contractor, bidder or potential bidder. 2. Neither the price(s), nor the amount of this bid, have been disclosed to any other firm or person who is a bidder or potential.bidder on this project, and will not be so disclosed prior to bid opening. 3. No attempt has been made or'will be made to solicit, cause or induce any firm or person to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or,any intentionally high or non-competitive bid or other form of complementary bid. 4. The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from any firm or person to submit a complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase of materials or services from any other firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an-agreement or promise by an firm. or person to refrain from bidding or to submit a complementary bid on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any project, in consideration for my firm's submitting a complementary bid, or agreeing to do so, on this project. 7. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultat' , cussion, agreement, collusion, act or other conduct inconsistent with y of the stateme s and epresentations made in this affidavit. Th so 'g in t is n penalties of perjury, affirms the truth thereof. SWORN TO BEFORE ME THIS i at e& ompany Po"on )be Till. � Psr� `�'V, DAY OF 2{1WYcLl ?D h3 Type Name&Company Position Company Namef� NOTARY PUBLIC FNotary ANE C COHEN Date Signed blic - State of New York 01006333267ed in Suffolk CountyFederal 1 D Number ysion Expires Nov 16. 2019 Proposal Package 6 of 9 THE PROPOSAL FORM Pike Street Parking Lot Improvements VENDOR NAME. /�-rA ,>J VENDOR ADDRESS: TELEPHONE NUMBER: FAX: The undersigned bidder has carefully examined the Contract Documents and will provide all necessary labor, materials, equipment' and incidentals as necessary and called for in the said Contract Documents in the manner prescribed therein and in said Contract, and in accordance with the requirements of the Engineer, at the prices listed on the attached Bid Proposal Form. If the bidder is an individual, the bid must be signed by that individual; if the bidder is a corporation, the bid must be signed by an officer of the corporation, or other person authorized by resolution of the board of directors, and in such case a copy of the resolution must be-attached; if a partnership, by one of the partners or other person authorized by a writing signed by at least one general partner and submitted with the bid documents. The submission of this constitutes a certification that no Town Officer has any interest therein. (Note: In the event that any Town Officer has any such interest, the full nature thereof should be disclosed below. It is not forbidden that individuals working for the Town of Southold or other municipalities bid on contracts, but only that such interest be revealed when they do bid.) The undersigned hereby acknowledges receipt of the following Addenda (if none were issued please write N/A below): Addend m No. Dated Proposal Package 7 of 9 Pike Street Parking Lot Improvements Itemized Proposal for: Town of Southold - ITEM NO ESTIMATED DESCRIPTION OF ITEM. UNIT BID PRICE EXTENDED AMOUNT BID QUANTITY (Fill in Unit Price Written in Words) DOLLARS CENTS DOLLARS CENTS Demolish Existing Concrete Sidewalks / 1 1 for/"^"'/oof�� ,3, /e,,kh S)y' g( d a ILS, �(/ �� ('06 Dollars Cents /Raise Existing Castings to Finished Grade h 2 6 for �/�f /VV D� N�y /EA �'v� / 4900 / Dollars Cents 4� ,P-04 Install Concrete Curbing 3 512 LF for 5 �� /LF � �i 0Jz 9 O i Dollars Cents 4 200 SF Install Concrete Aprons � " /SF 4-11 for � D D/ Dollars. Cents Install Concrete Sidewalks 5 1,050 SF for Pit/ ) /SF ( l Dollars Cent's 12- Install Concrete Islands 6 120 SF �� for /�/U /SF (Q Dollars Cents TOTAL BASE BID. Items(Add All Items) Dollars Cents (Numerically) WRITTEN IN WORDS NOTE: The Town of Southold reserves the right to increase,decrease,or eliminate In its entirety any or all items prior to or after award of the bid. Proposal Package 8 of 9 AUTHORIZED SIGNATUAd ,y PRINT NAME � , ( 00,� TITLE DATE ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF �(� ) ss.: On the km-41 of� G�l in the year 2018 before me, the undersigned, personally appeared, x.QT �l �irc.�( �� , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within' instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. NOTARY UBLIC 1 AJANE C COHEN Notary Public - State of :New York NO 01C06333267 Oualified in Suifo,k county V My Commission E.,; riov 16, 2019 Proposal Paekage 9 of 9 CONTRACT AGREEMENT- THIS AGREEMENT made this day of Two Thousand and Eighteen by and between the Town of Southold, party of the first part (hereinafter called the Owner), and , 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: 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 Associated with the Pike Street Parking Lot.Improvements. AS DESCRIBED IN THE Contract Documents made and prepared by the Town of Southold, and as set forth in the Contractor's Bid dated , and in strict and entire conformity and in accordance with the Notice to Bidders, Instructions to Bidders, Proposal Form (Bid), , Conditions of Contract, General Conditions, Detailed Specifications, Contract Drawings, Addenda, .and this Agreement, hereto annexed and made a part hereof, and hereinafter collectively referred to as "Contract Documents". SECOND: In Consideration of the Contractor performing this Contract in the manner herein stated and as stated in the Contract Documents, the Owner promises and agrees to pay or cause to be paid to the Contractor the sums of money mentioned in said Contract Documents in the manner and under the conditions therein provided. THIRD: The Contractor covenants and agrees that, anything-in this Contract or in the Contract Documents'to be contrary notwithstanding, or regardless of any matter, thing, contingency of condition unforeseen or otherwise, present or future, the Contractor shall not be entitled to receive any additional or further sums of money than. the amounts in said Contract Documents provided; and the failure of the Owner or its agents to insist upon strict performance of any of the terms, covenants, agreements, provisions or conditions in this Agreement or in the Contract Documents, on any one or more instances, shall not be construed as a waiver or relinquishment for the future of any such terms, covenants, agreements, provisions and conditions and the same shall be and remain in full force and effect with power and authority on the part of the Owner to enforce the same or cause the same to be enforced at any time, without prejudice to any other rights which the Owner-may have against the Contactor under this Agreement or the Contract Documents. A-1 Terms used in the Agreement:which are, defined in Article 1 of the General Conditions shall have the-meanings indicated in the General Conditions. Neither.Owner nor-Contractor shall, without the prior written consent of the other, assign or sublet in whole or part his interest under any. of the Contact Documents; and, specifically, Contractor shall not assign any monies due or to become due without the prior written consent of the Owner. Owner and Contractor each binds himself, his partners, successors, assigns and legal representatives of the other party hereto in respect to all covenants, agreements and obligations contained in the Contract Documents. The Contract Documents constitute the entire agreement'between Owner and Contractor and may only be altered, amended or repealed..by a duly executed written instrument signed by both parties. IN WITNESS WHEREOF, the parties hereio haveexecuted this Agreement the day and year first above written. Total Bid Dollars Written in Words $ Written in Figures TOWN OF SOUTHOLD CONTRACTOR BY BY Scott A. Russell, Supervisor TITLE BY Town Attorney (CORPORATE SEAL) A-2 Town of Southold BIDDER'S QUALIFICATION STATEMENT, The signatory of this questionnaire certifies under oath the truth and correctness of all statements and of all answers to interrogatorie ereinafter made. SUBMITTED BY: � ' � Ael -4d- A Cor oratio A Partnership or Entity' FIRM NAME" !'1�l � • An Individual PRINCIPAL OFFICE: PRINCIPAL OFFICERS: BACKGROUND TITLE NAME ADDRESS D PROFESSION/TRADE I'&'4v SPc� - 1. How many years has your organization been in business under its present business name? 2. You normally perform what percent of the work with your own forces? dy List trades that you organization normally performs below: mc 3. Have you ever failed to complete any work awarded to you?A—)—O. If so, note where and why. 4 Are there any claims,judgments, arbitration proceedings or suits pending or outstanding against your firm or its officers?If yes,please provide details. 0& QS-1 5 Has your firm requested arbitration or filed any lawsuits with regard to construction contracts within the last five years? If yes,.please provide details. 6. List the major construction projects your organization has underway at this date: Name of: Engineer/ Project Owner Architect Contract Percent Scheduled Name Telephone# Telephone# Amount Complete Completion /fD- G� / Gam` fr/1 e7l►' / a 7. List five major projects you organization has completed in the past five years: Name of: Engineer/ Work Done Project - Owner Architect Contract Date of With Own Forces Name Telephone Telephone# Telephone# Amount - Completion %of Work dko�/ t,���� D p13 aaU 11—i 7 9l� db 7 7�0z4e s3�� .� .70�1,r r 7 5/10eL 7TH , Srd o�- o,. ,Q 31 a QS-2 8. - List the construction experience of the principal.individuals of your organization (particularly the anticipated project supervisors):. Present Type of Work Position Years of For Which In What Individual's Name Of Office Experience Responsible Ca aci , 4e � 9. Do you have, or can you obtain, sufficient labor and equipment to commence work when required and complete the work within the Contract Time? 6 �S 10. Bank References: < , 69 20F -2-3sv 11. Trade Association Membership: 12. Has your firm ever been investigated by the New York State Department of Labor for prevailing wage rate violations?If yes, when? What was the outcome of the investigation? A) O QS-3 13. Attach current state of financial conditions showing assets, liabilities and net worth. Failure to attach the required documentation may be considered non-responsive on the part of the Bidder and may result in rejection of the Bidder's Proposal. STATE OF /nnl er'" COUNTY OF �vbe�T ,q, being duly sworn de and s that he,is deposes says the �s / ,C. of / 3'R .ro/�s��;es , n C, contractor and that answers t e foregoing qu ions d all statements therein contained are true and correct. ature of person who signed bid) Sworn to before me this 14 d day of ftt- 2018 Notary Public e Commission Expiration Date. Nps. 1 to. 20 01 7, JANEC COVEN stave of New York06333261 Suffolk County xpires Nov 16, 2019 r QS-4 ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF ) ss.: On the day of in the year 2018 before me, the undersigned, personally appeared, 46'X l ,�/ ��,rc AA& , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. NOTARY PUBLIC STATE OF NEW YORK, COUNTY OF )ss.: On the day of in the year 2018 before me, the undersigned, personally appeared, , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. NOTARY PUBLIC A-3 ,r Patricia A. Panchak 14 CENTER DRIVE RIVERHEAD, NY 11901 Phone: (631) 727-5600 Email: KJBINDUSTRIES@AOL.COM EDUCATION 1966 St. Edmund High School 1966-1969 Merrimack College EMPLOYMENT 1994-Present President&Owner, KJB Industries, Inc. Responsible for all aspects of running business. 1989- 1998 Suffolk County National Bank. Teller, Platform, and Sr. Trainer in training department. Robert M.Panchak,P.E. 14 Center Drive Riverhead,NY 11901 (631) 727-4243 Experience April 2004—Present—Estimator KJB Industries Inc. April 2005 to December 2009—Town of Southampton— Public Works Engineer—Design and inspect Stormwater Abatement Program. March 1997 to March 2005-Town of Southampton- Public Works Engineer-Supervise the operation of four Transfer Stations. Coordinate the transportation of materials to various recycling centers. Supervise staff of fifteen. Design and inspect Stormwater Abatement Program. January 1994 to March 1997-Newborn Construction, Center Moriches,New York-Coordinate,plan and run reconstruction of Route 135, Seaford Oyster Bay Expressway. Responsible for meeting with State Inspectors and overseeing resolutions to any problems that may have occurred. May 1981 to December 1992- South Fork Asphalt Corporation, Easthampton,New York-Vice President and General Manager. September 1978-May 1981 -Lizza Industries,Roslyn,N.Y.- Technical Engineer for Midhampton Asphalt Corporation. May 1977-September 1978-Harlan Engineering,Fort Meyers,Florida-Branch Manager- supervised staff or eight. June 1969-May 1977-New York State Department of Transportation-Engineer Materials Section-Design Section. Capabilities: Ability to analyze and synthesize input from various sources. Broad internal focus of attention in conceptualizing relationships among events,able to plan(business projections),develop strategies,and anticipate consequences of action. Adjust quickly to changes in priorities and generate creative approaches to problems. f Educ 'on• Licensed Professional Engineer-New York and Florida. S.U.N.Y.Farmingdale-Workshops in Project Management Planning, Scheduling and.Control. Construction Cost Estimating by University Seminars,New York City,New York. B.S.0-E. -Merrimack College,North Andover Massachusetts- Civil Engineering May 1969 A—chig]' Long island Chapter Society of Asphalt'technologists-Board of Directors, 1985 to 1988 Loyal Order of Moose-member Anerlean Society of Civil Engineers n MICHAEL V. PANCHAK 18 CENTER DRIVE RIVERHEAD, NY 11901 Phone: (631) 727-5600 Email: KJBINDUSTRIES@AOL.COM EDUCATION 1992 Riverhead High School EMPLOYMENT 2004-Present Vice President- KJB Industries Inc. Vice President and working foreman of KJB Industries Inc. Responsible for field work,running crews, equipment and time Management. 1994-Present Vice-President-Foreman KJB Industries, Inc. Responsible for all field work, running crews, equipment and time management. Responsible for all hiring and firing of employees. 1992- 1994 Laborer-Newborn Construction Inc. Union Laborer-working on trench restoration for LILCO and other heavy highway contracts !990- 1992 Laborer, D 8,F Masons Doing Belgian Block curbs and brick pavers for two summers. PROFILE I am a highly motivated, success driven individual dedicated to professionalism, detail, and high standards in excellence. I am able to work independently and as part of a team. My interests lie in within the community of Riverhead. EXPERIENCE 1994- Present Vice President, Personnel and Equipment Manager KJB Industries DBA Eagle Asphalt Inc. - Responsible for scheduling of projects including: - Purchase and delivery of materials - Equipment - Labor - Acquisition and maintenance of equipment and trucks - Hiring and supervision of employees 1992-1994 -Local 1298 Laborer Newborne Construction, Center Moriches, N.Y. - Road construction and repair - Drainage - Fiber optic duct work CERTIFICATIONS Colonial Surety Company Administrative Office 123 Tice Boulevard, Suite 250 Woodcliff Lake, NJ 07677 201-573-8788 BID BOND Approved by The American Institute of Architects A.I.A. Document No.A-310 (Feb.1970 Edition) KNOW ALL PERSONS BY THESE PRESENTS, that we, KJB INDUSTRIES INC., Riverhead, NY as Principal, hereinafter called the Principal, and COLONIAL SURETY COMPANY, a corporation duly organized under the laws of the Commonwealth of Pennsylvania, as Surety, hereinafter called the Surety, are held and firmly bound unto Town of Southold, Southold, NY as Obligee, hereinafter called the Obligee, in the sum of 5% of amount bid not to exceed $4000 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 Pike Street Parking Lot Curbs and Sidewalks 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 good 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 forc and effect. Signed and sealed this 15th day f Marc 018. KJB INDUSTRIES INC. Witness: ert P ak (Principal/Title) (Seal) Colonial Surety Company Witness: o rt Panchak Philip Shepar (Attorney-in-f t) (Seal) COLONIAL SURETY COMPANY Duncannon,Pennsylvania Administrative Office:123 Tice Boulevard,Woodcliff Lake,New Jersey 07677 GENERAL POWER OF ATTORNEY Know all Alen by These Presents,That COLONIAL SURETY COMPANY,a corporation duty organized and existing under the laws of the Commonwealth of Pennsylvania and having an administrative office in Woodcliff Lake,Bergen County, NJ does by these presents make,constitute and appoint Philip Shepard of Riverhead,NY Its true and lawful Attorney(s)-In-Fact, with full power and authority hereby conferred In Its name, place and stead, to execute, acknowledge and deliver. Bid Bonds and Consent of Surety Only and to bind the Company thereby as fully and to the same extent as If such blds.were signed by the President,sealed with the corporate seal of the Company and duty attested by Its Secretary,hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do In the premises. Said appointment Is made under and by authority of the following resolution adopted by the Board of Directors of the Colonial Surety Company at a meeting held on the 25th day of July,1950. "Be lt.Resolved,that the President,any Vice-President,any Secretary or any Assistant Secretary shall be and Is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: "Section 1.Attorney-In.Fact Attorney-in-Fact may be given full power and authority for and In the name of and on behalf of the Company,to execute,acknowledge and deliver,bid bonds and consent of surety only,recognlzances,contracts,agreements of Indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such Instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." "in Witness Whereof,Colonial Surety Company has caused these presents to be signed by Its President and Its corporate seal to be hereto affixed the 8th day of September A-D_,2015. \oc\a,,Surety COLONIAL SURETY COMPANY State of New Jersey o a� V Incorporated By SS. y i- County of Bergen 1930 Wayne Nunziata,President ennsylve'o On this 8th day of September In the year 2015, before me Theresa Spinelli a notary public, personally appeared Wayne Nunzieta personally known to me to be the person who executed the within Instrument as President on behalf of the corporation therein named and acknowledged to me that the corporation executed It THERESA 5PINELU r O A Notary Pubo of New Jersey My Commission EVires5eptember9,aam Theresa Spinelli Notary Public 1,the undersigned Secretary of Colonial Surety Company,hereby certify that the above and foregoing is a full,true and correct copy of the Original Power of Attorney Issued by said Company,and do hereby further certify that the said Power of Attorney Is still In force and effect. And I do hereby further certify that the Certification of this Power of Attorney Is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Board of Directors of the Colonial Surety Company at a meeting duly called and held on the 30th of January 1968,and that said resolution has not been.amended or repealed: RESOLVED,that the signature of the Secretary or any Assistant Secretary of this Corporation,and the seal of Corporation, may be affixed or printed by facsimile to any certificate to a Power of Attorney of this Corporation, and that such printed facsimile signature and seal shall be valid and binding upon this Corporation." GIVEN under my hand and the seal of said Company,at Woodcliff Lake,New Jersey this 15th day of March 20 18 Qr vor printednation with out andtorlim flack ink f-ar vedlcailm d the eralspvuiry d the Paved Attorney you may 1x9(201)5736769 and oak ty- lar the Power d Attorney clerk.Pleaee rdw to the above named idNidual(s)and dolma of dte YYY bind to which the power is attached. Audio 8.Murphy,Secr >r7 Form S-700.107(Rev 09/15) - _ Colonial Surety Company Duncannon,Pennsylvania -Inc 1930- Balance Sheet as at December31, 2016 Cash&Invested Assets: Liabilities: Cash.............................. $8,013,469 Outstanding Losses and Loss Expenses.. $11,262,339 Short Term Investments...... 1,727,689 Unearned Premiums....................... 8,171,008 Bonds*............................ 44,134,528 Funds Held.................................. 523,631 Accrued Investment Income.. 416,454 Reinsurance Payable....................... 774,092 Accrued Expenses......................... 321,302 Income Taxes Payable..................... 601,912 Provision for Reinsurance................ 4,066 Payable to parent,subsidiaries and Affiliates.............................. 13,293 Total Cash&Invested Assets.. $54,292,140 Total Liabilities............................ $21,671,643 Other Assets: Capital&Surplus: Premiums Receivable......... ' $1,591,185 Common Capital Stock.................. $3,000,000 Funds Held—Collateral.......... 523,631 Additional Paid in Capital............ 1,000,000 Reinsurance Recoverable....... '542,647 Unassigned Surplus....................... 32,158,019 Other amounts receivable under reinsurance contracts.......... 214,395 Total Capital&Surplus................. $36,158,019 Net Deferred Tax Assets........ 665,664 Total Admitted Assets.......:.. $57,829,662 Total Liabilities,Capital& Surplus....$57,829,662 *Bonds and stocks are valued on basis approved by National.Association of Insurance Commissioners. STATE OF NEW JERSEY } ss.: COUNTY OF PASSAIC } I, Wayne Nunziata,President of Colonial Surety Company, do herby certify that the foregoing is a full, true and correct copy of the Financial Statement of said Company, as of December 31,2016. IN WITNESS WHEREOF,I have signed this statement at Woodcliff Lake,New'Jersey,this 5th day of May, 2017. \oc\a�gurety CO ` s- O d7 Wayne Nunziata President V Incorporated 1930 ennsytva��a Theresa Spinelli Notary Public THERESA SPINELLI A Notary Public of New Jersey My Commission Expires September 9, 2020 rK f TOWN OF SOUTHOLD i PIKE STREET PARKING LOT IMPROVEMENTS I CONSTRUCTION SPECIFICATIONS SOUTHOLD, SUFFOLK COUNTY,NEW YORK - I Prepared By. TOWN OF SOUTHOLD Engineering Department 53095 Main Road Southold, New York 11971 February 12, 2018 (631) 765-1560. TOWN OF SOUTHOLD 53095 MAIN ROAD, SOUTHOLD, NEW YORK 1.1971 PHONE: 631-765-1560 / FAX: 631-765-9015 INVITATION TO BID NOTICE IS HEREBY GIVEN THAT SEALED PROPOSALS ARE SOUGHT AND REQUESTED FOR THE FOLLOWING: BID NAME: "PIKE STREET PARKING LOT IMPROVEMENTS" Definite specifications may be obtained at the Southold Town Clerk's Office beginning February 22, 2018 PLACE OF OPENINGS: DATE OF OPENINGS: TIME OF OPENINGS: TOWN OF SOUTHOLD March 15, 2018 2:00 PM TOWN CLERKS OFFICE 53095 MAIN ROAD SOUTHOLD, NY 11971 CONTACT PERSON: James Richter, R.A. Town of Southold, 631-765-1560 VENDORS MUST SUBMIT BIDS IN SEALED ENVELOPES. PLEASE PRINT ON THE FACE OF ENVELOPE: 1)NAME &ADDRESS OF BIDDER 2) BID NAME BID MUST,BE ACCOMPANIED BY A 5 % BID SECURITY. It is the bidder's responsibility to read the attached Bid Specifications, Instructions to Bidders, and General Conditions, which outline bidding rules of the Town of Southold. Upon submission of bid, it is understood that the bidder has read, fully understands and will comply with said GENERAL CONDITIONS and,specification requirements. The Town of Southold requires that this document be returned- intact and that it be filled out completely. Please do not remove any pages from this bid package, and make a copy of the bid document for your records. A non-mandatory pre-bidder's conference will be held at 2:OOPM on March 6,, 2018 at the site located at 630 Pike Street.in.Mattituck, New York. The Town of Southold welcomes and encourages minority and women-owned businesses to participate in the bidding process. TABLE OF CONTENTS TOWN OF SOUTHOLD PIKE STREET PARKING LOT IMPROVEMENTS Title Page ------ Invitation to Bid ------ Table of Contents ------ Instructions to Bidders IB-1 thru I13-6 Standard Insurance Requirements SIR 1 thru SIR 3 General Conditions GC-1 thru GC-12 Conditions of Contract CC-1 thru CC-18 Proposal Form Package Pages 1 —9 Qualification of Bidders QS-1 thru QS-4 Contract Agreement A-1 thru A-3 NYS Wage Rates ------ Technical Specifications Divisions 1-3 Contract Drawings i INSTRUCTIONS TO BIDDERS INDEX" 1. Receipt and Opening of Bids 2. Form, Preparation and•Presentation of Proposal 3. Bid Security 4. Qualifications of Bidders 5. Rejection of Bids 6. - Bidders Responsibility 7. ' Construction Terms-and Conditions ' �. C •t. fer-Faithful Dorf ee and Mr,te.....n 9. ' Bid Reservations 10'. Non-Collusive Statement 11. Addenda and,Interpretations 12. Method of Award 13, Single Price Bid Analysis 14'. Municipal Exempt Status 15.• Labor Law _ 16. Wage Rates 17.. Insurance Required by the Town of Southold 18. Quantities IB - 1 INSTRUCTIONS TO BIDDERS 1: RECEIPT-AND OPENING OF BIDS The Town of Southold invites bids on the forms herein provided for the Pike Street Parking Lot Improvements at 630 Pike Street in Mattituck, New York. Sealed bids shall be received by the office of the Southold Town Clerk, 53095 Route 25 Southold, New York 11971, no later than 2:00 P.M. prevailing time on Thursday, March IP, 2018, at which time they will be opened and publicly read aloud. All bids.received after the time stated for the opening in the Notice to Bidders may not be considered and will be returned unopened to the bidder. The bidder assumes the risk of any delay in the mail or in the handling of the mail by employees of the Town. Whether-sent by mail or by means of personal delivery, the bidder assumes 'responsibility for having his bid-deposited on time.at the place specified. Faxed bids will'not be accepted. 2. FORM,PREPARATION AND PRESENTATION OF PROPOSAL' The Proposal Form as issued by the Town shall be completely filled in; in black ink or typed on the original bid form. No photocopies will be accepted. All•blank spaces for bid prices must be filled in, in both words and figures, with a total or gross sum for which.the bid is made. All lines must have an indication of the bidder's response whether it be "015, "N/A", "No Charge", or a dollar figure. All lines must be filled in to indicate bidder's acknowledgement of the request. Bids that do not have all applicable lines filled in on the bid proposal form may be disqualified as a non-responsive bid. We cannot assume there is "no charge" when lines are left empty. Bids that contain any omission, erasure, alteration, addition or items not called for in the'itemized bid form or that contain irregularities of any kind will not be accepted. In case of discrepancy between the unit price and total amount bid for any item, the unit price, as expressed in words, shall govern. The following two items will automatically render a bid unacceptable to the Town of Southold: a. Failure to sign bid proposal page. b. Failure to include necessary bid security deposit(as required). It shall be fully understood that any deviations from the inclusion of the above items will be grounds to see the bid as non-compliant and will not be considered for award. 3. BID SECURITY (a) The Bid must be accompanied by a certified check on a solvent bank or trust company with its principal place of business in New York State, or an acceptable bid bond, in an amount equal to not less than five percent (5%) of the total amount bid, made payable to the Town of Southold (herein identified as Owner), as assurance that the bid is made in good faith. The certified checks or bid bonds of unsuccessful bidders will be returned after execution of the Contract between the Owner and the successful bidder; the certified check or bid bond of the successful bidder will be retained until filing and appFeval of the PeFfenmanseBend and until the completion of ten • percent(10%)of the work under the Contract. IB - 2 INSTRUCTIONS TOBIDDERS (b) The successful bidder, upon his failure or refusal to execute and deliver the Contract and bendsrequiredwithin ten (1.0) days after the date of notice of the acceptance of his bid, shall forfeit to the Owner, as liquidated damages for such failure or refusal, the security he deposited with his bid. 4. QUALIFICATIONS OF BIDDERS (a) Forms for qualifications of bidders, giving evidence of sufficient facilities, equipment, experience and financial ability to insure completion of the work are provided with the bid specification package, and shall' be filled out by the contractor, and returned with the bid submission. (b) Information contained in any statement of financial ability shall be not more than thirty days old at the time of submission. (c) The Town reserves the right to make such investigation as it may deem necessary or advisable to determine any bidder's ability to do the work, and the bidder shall furnish to the Town, on request, all data and information pertinent thereto. The Town reserves the right to reject any bid if such investigation fails to satisfy the Town that the bidder is fully qualified to do the work. Financial instability of a bidder may be cause for non-award. 5. REJECTION OF BIDS (a) The. TOWN BOARD reserves the right to reject any bid if the evidence submitted in the qualifications statement or an investigation of such bidder fails to satisfy the TOWN BOARD that such bidder is properly qualified to carry out the obligations of the Contract and to complete the work contemplated therein. Conditional bids will be considered informal and will be rejected. (b) The TOWN BOARD reserves'the-right to reject any and all bids, in whole or in part, to waive any informality in any,or all bids,-and to accept the bid or part thereof which it deems most favorable to the Town after all bids have been examined and/or checked. 6. BIDDERS RESPONSIBILITY (a) Bidders are cautioned not to submit bids until after having inspected the site of the proposed improvement and having made themselves familiar with local conditions. The attention of persons:intending to submit bids is specifically called to the-.paragraph of the Contract which debars a Contractor from pleading misunderstanding or deception because of estimates or quantities, character, location or other conditions surrounding the same. Special attention is called to the notes on the Plans or in the itemized form of bid, which are made a part of this Contract, which may-alter or revise the Specifications for,the particular contract. (b) No representation is made as to the existence or nonexistence of groundwater,-which may in any way impede the work, proposed to be accomplished. Each bidder shall fully inform himself as to groundwater and sub-surface conditions.prior to submitting his bid. (c) The submission of a bid will be construed to mean that the bidder is fully informed as to the IB - 3 INSTRUCTIONS TO BIDDERS extent, cost, and character of the materials, labor, and equipment required to complete the proposed job in accordance with the Plans and Specifications, including all other expenses incidental thereto. (d) Bidders must examine the Plans and Specifications and exercise their own judgment as to the nature and amount of the whole of the work to be done, and for the bid prices, must assume all risks of variance by whomsoever made in computation or statement of amounts or quantities necessary,to fully complete the work in strict compliance with the Contract Documents. (e) The Bidder shall assume all risks and responsibility and shall complete the work in whatever material and under whatever conditions he may encounter or create, without extra cost to the Town. (f)No pleas of ignorance or misunderstanding of conditions that exist or that may hereafter exist, or of conditions or difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary examinations and investigations, will be to fulfill in every detail all of the requirements of the Contract Documents, or will be accepted as a basis for any claims whatsoever for extra compensation, or for an extension of time. 7. CONSTRUCTION TERMS AND CONDITIONS The successful bidder is warned that the work specified in the Conditions of Contract, together with the Instructions to Bidders, Proposal Form, General Conditions, Plans, Specifications and instructionsof the Engineer or his duly authorized representative will be rigidly enforced. The sueeessful bidder- shall be r-equifed to e*eeute a Per-faFmafiee Bond e�tlal to efle hundred 0 eaFFie4sur-ety eempany with an A.r-ating er- better ftom A.-A-4. Best 686 Go. and aeeeptable to t Bend shaJ4 be "tten so as te femain in full for-ee and egaet'as a Fflaintenanee bend for- a period of not loss tlha ., a (1) year-after-the date of fina . ..«,,..ee ,.f the. or-k of not 1VJJ LL1LL11 Vll f after-the date of nefiee of shall forfeit to the Ownef, as liquidated damages fer-sueh failufe- . l Pw rp4sal,the seeufit),depesited"ith his bid, and he will be liable fer-and he agrees to pay te the shall stibsequepAly be r-e let ifieluding the east of sueh fe leaing less the amount ef sueh d�pes Nn plea of mistake i ,..1 r .1 bid b '1 bl r tl, bifid for- f his . ):' r/ V shall VV u U11UV1V LVZrlV�7 deposit or- as a defense to any aetien upen aeeepted bid uigess said mistake ean be i ven by deeLL111..11 L.:j...l.,vuvv "cccPcuv:e co-the-rv=wrr. After- appreval of the bonds and ex6eutien of the Gentr-aet and after- ten (10) peFeent of the w has been t�empleted the bid seen t.,u` tl bid '11 b t a --=---_r__L__, L.1 v Ly vvlllYwl�lrr IB -4 INSTRUCTIONS TO BIDDERS 9. BID RESERVATIONS Bids submitted shall remain in effect for forty-five (45) days past.the date of bid opening. This period may be extended, for the benefit of the Town, by mutual agreement between the Bidder and the Purchasing Agent. 10. NON-COLLUSIVE STATEMENT The form of non-collusion bidding certification contained in the proposal package must be executed by the Bidder and submitted with the proposal. The submission of this statement certifies that the. prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor. 11. ADDENDA AND INTERPRETATIONS Every request for information-or interpretation of the Contract Documents or Drawings must be addressed in writing to the Town Engineering Department of Southold 53095 Main Road Southold, New York 11971 (fax) 631-765-9015, and to be given any consideration, must be received at least five (5) days prior to the date fixed for the opening of bids. Any such interpretations or supplemental instructions will be in the form of written addenda, and will be mailed or faxed to all•prospective bidders. The failure of any bidder to receive any such addenda will not relieve the bidder of any obligation under his bid as submitted. Any addenda so issued , shall become part of the Contract ocuments. 12. METHOD OF AWARD The bid will be awarded to the lowest responsive, responsible bidder, as will best promote the public interest, taking into consideration the reliability'of the bidder, the quality of the materials, equipment,or supplies to be furnished, and conformity with the specifications. '13. SINGLE PRICE BID-ANALYSIS In the event a single bid is received, the Town will conduct a price analysis of the bid price prior to the award of the contract. 14. MUNICIPAL EXEMPT STATUS The Town is exempt from the payment of Federal, State and local taxes. Taxes must not be included in proposal prices. 15. LABOR LAW The Contractor and each and every subcontractor performing work at the site of the project to which this Contract relates shall comply with the applicable provisions of the Labor Law, as amended, of the State of New York. IB - 5 INSTRUCTIONS TO BIDDERS Attention is called to certain provisions of the Labor Law, as set forth in the Conditions of Contract, Paragraph 11, which are hereby referted to and made a part hereof. 16. WAGE RATES The rates of wages determined by the New York State Industrial Commissioner pursuant to the Labor Law, which shall be paid on this project, are set forth herein following the Instructions to Bidders. Contractors and subcontractors are required to submit to the Town, within thirty days after issuance of the-first payroll, and every thirty days thereafter, a transcript of the original payroll records, subscribed and affirmed as true under'the penalties bf perjury: 17. INSURANCE REQUIRED BY THE TOWN OF-SOUTHOLD ` The successful bidder will be required to procure and pay for the following types of insurance, as set forth in more detail herein following-the Instructions to Bidders in the Standard Insurance Requirements section. (a) Comprehensive Automobile Policy (b) Comprehensive General Liability (c) Excess/Umbrella Insurance (d) Owner's and Contractor's Protective Liability (e) Workmen's Compensation Insurance (f)- Disability Insurance and Unemployment Insurance 18. QUANTITIES Any quantities set forth in the bid specifications are approximations only. No guarantee is made for any quantities stated. Payment shall be on the basis of actual quantities supplied or the actual work done at the unit prices quoted. IB - 6 STANDARD INSURANCE REQUIREMENTS TOWN OF SOUTHOLD CONTRACT INSURANCE'REQUIREMENTS INSURANCE IDENTIFICATION: THE BID NUMBER.IS TO APPEAR ON ALL INSURANCE CERTIFICATES INDEPENDENT CONTRACTOR: The Corporation/Contractor/Agency/Consultant, is an independent contractor and covenants and agrees that it, its .agents, servants and/or employees will neither hold itself/themselves out as, nor claim to be an employee,;servant.or agent of the TOWN OF SOUTHOLD, and that it, its agents and employees will not make claim, demand or application to or for any right or privilege applicable to an officer or employee of the TOWN OF SOUTHOLD including, but-not limited to Worker's Compensation coverage, Unemployment,Insurance benefits, Social Security coverage or retirement membership or credit. INSURANCE: Contractor/vendor shall not commence work under this contract until he has obtained all insurance required under the following paragraphs, and the Town of Southold'has approved such insurance. WORKERS' COMPENSATION: Contractor/vendor shall take out and maintain during'the life of this contract, such insurance as will protect both the owner and the contractor from claims under worker's compensation acts and,amendments thereto and,from any other claims for-property damage and for personal injury including death, which- may arise from operations under this contract, whether such operations by contractor, or by any other party directly or indirectly employed by the contractor. Copy of Certificate to-be provided to the Town of Southold. DISABILITY INSURANCE & UNEMPLOYMENT INSURANCE: Contractor/vendor shall take out and maintain during the entire term of the contract any disability benefits and unemployment'insurance as required by law. Copy of Certificate to be provided to the Town of Southold. GENERAL LIABILITY INSURANCE: The contractor/vendor shall take out and maintain during the life of the contract, such bodily injury liability and property damage liability insurance as shall protect him and the Town from claims for damages for bodily injury including accidental death, as well as from claims for property damage which may arise from operations under this contract','whether such operations be by himself or by any subcontractor or by anyone directly or indirectly employed-by either of them. It shall be the responsibility of the contractor/vendor to maintain such insurance in amounts sufficient to fully protect himself and the Town, but in no instance shall amounts be less than those set.forth below. These amounts are specified only to establish the minimum coverage acceptable. Bodily injury liability and property damage liability insurance in an amount not less than $1,000,000 (one million dollars) for damages on account of any one accident;and in an amount of not less than $1,000,000 (one million dollars) on account of all accidents (general aggregate). EXCESS/UMBRELEA! INSURANCE: The contractor/vendor shall take out and maintain during the life of the project an excess/ umbrella insurance policy in an amount of not less than $2,000,000 (Two million dollars) each occurrence and aggregate. SIR- 1 STANDARD INSURANCE REQUIREMENTS OTHER CONDITIONS OF COMMERCIAL GENERAL LIABILITY INSURANCE• 1. Coverage shall be written on commercial general liability form. 2. Coverage shall include: A. Contractual liability & Independent contractors C.-. -Products and completed operations AUTOMOBILE LIABILITY INSURANCE: Automobile bodily injury liability and property damage liability insurance shall be provided by the contractor/vendor with a minimum combined single limit(CSL) of$1,000,000(one million dollars). OTHER CONDITIONS OF AUTOMOBILE•LIABILITY INSURANCE: 1. Coverage shall include: A. All owned vehicles B. Hired car and non-ownership liability coverage C.. Statutory no-fault coverage OWNERS & CONTRACTORS PROTECTIVE LIABILITY: An OCP Policy shall be required by the Town of Southold in limits of $1,000,000 combined single limit, _each occurrence, $1,000,000 General Aggregate. This insurance must fully cover the legal liability of the specific farm owner, as Owner, . NAMING THE FARM OWNER AND TOWN OF SOUTHOLD AS INSURED. The contractor shall furnish the Town with the original insurance policy. ADDITIONAL CONDITIONS OF INSURANCE: 1. Contractor&endor shall submit copies of any or all required insurance policies as and when requested by the Town. 2. If any of the contractor's/vendor's policies of insurance are cancelled or not renewed during the life of the contract, immediate notice of cancellation of non-renewal shall.be delivered to the-Town no less than 10 days prior to the date and time of cancellation or non-renewal. CERTIFICATE OF INSURANCE: The contractor/vendor shall file with the Town of Southold prior to commencing work under this contract, a certificate of insurance. 1. Certificate of insurance shall include: A. Name and address of insured B. Issue date of certificate C. Insurance company name D. Type of coverage.in effect E. Policy number F. Inception and expiration dates of policies included G. Limits of liability for all policies on certificate. included on certificate SIR= 2 STANDARD INSURANCE REQUIREMENTS e c t o of e'a 'o," o�eati`ons/e�tG• B© '' nustulc,,,17detliestatemerit - � •���„i2:x'=�ir k"';� ��'�`'<^'i �.,�:�•t%ktt�F.r xr,,t ::t-.c.?;.:y4.e� a.q► .�"�'._.i� , t _ �� r,� -;;..:'b" %',i..._s.:x:3?1 4'-;ig•;� .z5.- 4is�:' ��!c-�,:,i�f.: :,�s,r '��dt.'t,xi'�'1°' �' +i-'.t' ^iF?""Fri• �`�:u` `•�',�`kR:••.,'�',�-ai:$'r .;liyi �. i� a:°vat. �i'.'` 3.:,�:` F , y"• - "�THE TOWN'O:F SOUTH®L�D IS LISTiE�D AS AD''.D.I=TI"O-NAL��I`NS�URED'.n. t � - l ` GE1:Z d�E�I�CA�; " ®`I'DE=�.5'1°I_A•Ll;iBEJZIi�, F1D,,�`��` •. _ .+n,„� � .�9:�r�� i �;::a .,rC:ri^,q• gY^e s'• fi.- ;t 2. If the contractor's/vendor's insurance policies should be non-renewed, cancelled or expire during the life of the contact, the Town shall be provided with a new certificate indicating the replacement, policy information as ,requested above. Thirty days (30) prior written notice to the Town of Southold for cancellation is applicable. SIR - 3 GENERAL CONDITIONS ,INDEX 1. Definitions of Terms 2. Standards of Workmanship 3. Samples 4. Manufactured Materials• 5. Laboratory 6. Shop Drawings 7. Permits 8. Plans and Specifications 9. Cutting, Patching and Digging 10. Errors, Omissions and Discrepancies H. Temporary O€fiee&Toilet 12. Proper Method of Work and,Proper Materials 13. Inspection 14. Waiver 15., Water and Electric Power 16. Machinery and Equipment 1.7. Maintenance 18. Schedule of Operations 19. Right to Use Work 20. Notice of Warning 21.. Warning Signs 22. Accident Prevention 23. Damages 24. Maintenance of Traffic, 25. Final Site Cleaning 26. Protection of Land Markers, Trees,.-Shrubs, and Property 27. Protection of Utilities 28. No Damages for Delay 29.• Record Keeping 30. Subcontractors and Suppliers 31 Penal Law GC - 1 GENERAL CONDITIONS . r 1. DEFINITIONS OF TERMS: Whenever the•following words and expressions are used in the Specifications, it is understood that they have the meaning defined below: PLANS: All official drawings or reproductions of drawings pertaining to the work or to any , ' structure connected therewith. SPECIFICATIONS: The body of directions, requirements, descriptions, etc. contained in this document, together with all documents of any description and agreements made (or to be made) pertaining to the methods or manner of performing the work and/or to the quantities and quality of materials to be furnished and accepted under this Contract. OWNER: Shall mean Town Board, Town of Southold. ENGINEER (ARCHITECT): the Owner and/or duly authorized representative to represent the Owner in the execution of the work covered by the consultants and assistants engaged by the Owner and the Engineer to the extent of the particular duties entrusted to them. CONTRACT: Collectively, the Contract executed by the Owner and the Contractor, Notice to Bidders, Instructions to Bidders, Proposal Form, Conditions of Contract, General Conditions, Special Conditions, Specifications, Construction Drawings, Addenda, , and all supplemental agreements made or to be made. CONTRACTOR: The party of the second part hereto, whether corporation, firm or individual, or any combination thereof, and successor, personal representatives, executors, administrators and assigns, and any person, firm or corporation who or which shall at any time be substituted in place of the second part under this Contract: INSPECTOR: An authorized representative of the Owner or his Engineer assigned to make any and all necessary inspections of the work performed and-the materials furnished by the Contract. MATERIALS: Any approved materials acceptable to the Engineer and conforming to the requirements of these Specifications. WORK: All of the work proposed to be accomplished at the site of the project, and all such other work as is in any manner required to accomplish the complete project. This includes all plant, labor, materials, supplies, equipment and other facilities and acts necessary or proper or incidental to the carrying out and completion of the terms of this,Contract. The term "work performed" shall be construed fo include the material delivered to and suitably stored at the site of the project. 2. STANDARDS OF WORKMANSHIP: , The apparent silence'of the Specifications as to any detail or an apparent omission from them of a detailed description concerning any work to be done and materials to be furnished shall be regarded as meaning that only the best general practice observed in the latest ' current construction work is to prevail and that only material and workmanship of first quality is to be used in this connection and all interpretations,of these Specifications shall be made upon this basis. GC 2, GENERAL CONDITIONS 3. SAMPLES: The Contractor shall furnish for approval, all samples as directed. The work shall be in accordance with approved samples. Samples shall be submitted in ample time .so as to prevent delay in fabrication or ordering of materials, allowing for a reasonable.time for the Engineer to consider the samples submitted and, if necessary, to permit a resubmission of samples to the Engineer until approval is given. Work and material shall be furnished and executed in accordance with approved samples, in every aspect. Each sample shall be labeled, bearing material, name and quality, Contractor's name, date and other pertinent data. Unless otherwise specified, samples shall be in duplicate and of adequate size to show quality, type, color,, range and finish-and texture of material. Materials shall not be ordered until approval is received in writing from Engineer. 4. MANUFACTURED MATERIALS: Where several materials are specified by name, the Engineer shall have the right, before execution of the Contract, to require any and all bidders to state the materials upon which they based their bid. Where any.materials.are specified by name or trade name, or by catalog,number of a company or companies, the Contractor,shall furnish the article mentioned unless approval of the Engineer is obtained in writing.for a substitution. Should Contractor desire to substitute another material for one or more specified by name, he shall apply in writing for such permission and state credit or extra involved. He shall:also provide supporting data and samples for Engineer's consideration., Unless particularly specified otherwise, all manufactured articles, materials and equipment shall be applied, assembled, installed, connected, erected, used, cleaned and.conditioned as directed by the manufacturer and including the necessary preparation to properly install the work. Where reference is made to manufacturer's directions, the Contractor shall submit such directions to the Engineer as required. The materials used in construction shall be disposed as not to endanger the work, and so that full access may at all-times be had to partly completed work and structures and they shall be so disposed as to cause no injury to-those having access to the work,or any of the units. All labor shall be performed in the best and most workmanlike manner by mechanics skilled in their respective trades. Standards of work required throughout shall be of such grades as,will bring first- class results only. The type of'labor employed by the Contractor shall-be such as will insure the, uninterrupted continuity of the entire work, without conflict of any kind. 5, LABORATORY: Laboratories shall be designated by the Engineer for testing the materials.to be used under the Contract. , Where tests are made,by other.than the designated laboratories, two certified copies showing correctly the chemical analysis and physical tests shall be furnished to the Engineer. 6. SHOP DRAWINGS:, The Contractor shall submit to the Engineer six (6) copies of all shop drawings.and schedules and no work shall be fabricated until his approval has been given: All shop- drawings submitted to the Engineer must be in English, and must bear the Contractor's stamp of approval evidencing that the drawings have been checked. GC - 3 GENERAL CONDITIONS The Contractor will make any corrections in the drawings required by the Engineer and 'will file with the Engineer four corrected copies. Approval by the Engineer of such drawings-or schedules shall not relieve the Contractor from responsibility for (a) errors of any sort in shop or setting drawings or schedules; or(b) deviations from Plans and Specifications unless the Contractor, at the time of submission of said drawings and schedules, has given notice to the Engineer of any such deviations. 7. PERMITS: 7.1 Municipal: All work in connection with the installation of pipes or other underground structures of a like nature either within or without the limits.of the highway, shall follow all the provisions as contained herein together with the provisions, as they apply, of'the:Highway Law (Town Code) with'all subsequent changes, additions or corrections thereto. A. The Contractor shall obtain from the Building Department a certificate of .occupancy, whenever the scope-of work of the Contract provides for the construction of a building or structure, or for modification or alteration of a building or-structure, so that a certificate of occupancy, or a revised certificate of occupancy is required-under state and/or local law. The Owner shall be responsible for obtaining the building permitand permit(s)pre-requisite thereto, including but not limited to the following, unless Contractor is specifically required to obtain the same pursuant to other provisions of this document: (1)• Building permit (2) Fire prevention permit (3) Health,Department/Application to construct, a) Sanitary system including SPDES permit. b) Hazardous materials storage The following additional permits when required under law shall also be obtained by the Owner: (1) NYSDEC permit(s) (2) Town Division of Environmental Protection (3) Suffolk County Farmland Committee (4) U.S. Army Corp of Engineers The Contractor shall give all notices, and comply with all laws, ordinances, rules, regulations and conditions of the permits, bearing on the conduct of the work as drawn and specified, and shall be responsible for acquisition of all pertinent information necessary for such'compliance. The Contractor shall be responsible for: (1) Coordinating all building department and other department and agency inspections and approvals, (2) Obtaining U.L. approvals, (3) Health Department inspections and approvals, (4) Obtaining final certificate of occupancy. On projects involving multiple contracts, it shall be the responsibility of the "General Contractor"to GC - 4' GENERAL CONDITIONS coordinate with the building department and other agencies and to obtain the certificate of occupancy. It shall be the responsibility of the mechanical contractors (prime contractors other than the G.C.) to coordinate inspections and approvals of that part of the project, which falls within the scope of their contract with the G.C., and/or as may be appropriate, directly with the approving agency. In the event that one.or more of the contractors on a multi-contract project fails to perform the work in a timely manner, thereby causing undue delay in the completion of the project, and the issuance of the certificate of, occupancy, the owner shall in that event,-have the option to exercise "The owners right to stop work or terminate contract" as provided for in the conditions of the contract. B. Pipes and Underground Structures: All work in connection with the installation of pipes or other underground structures of a like nature either within or without the limits of the highway, shall follow all the provisions, as they apply, of the Highway Law As per Town Code Standards) with all subsequent changes, additions or corrections thereto. C. Any work to be performed within the Town Highway right-of-way will require a Town Highway Department road-opening permit. Obtaining of the permit and subsequent release/approval shall be. the responsibility of the Contractor. be at the option of the 14ighway PepaAmepA.. 7.2 Suffolk County: All permits required for opening County roads and making connections with County drains will be obtained by the Owner. A copy of the permit, which must be kept on the job at all times, will be supplied to the Contractor. The Contractor will not be permitted to open any County road or make any connection to any County drain until he has been supplied with this permit. (a) Department of Public Works All permits required for opening County roads and making connections with County drains, will be, obtained by the Owner. A Copy of the permit, which must be,kept on the,job at all times, will be supplied to the Contractor: The Contractor will not be permitted to open any County road or make any-connection to any County drain until he has been supplied with this permit. The Contractor shall be responsible for conformance to all conditions of the permit and for the subsequent release/approval. (b) Department of Health Services: The Contractor shall be responsible for obtaining approvals pursuant to Health Department permits described in paragraph 7.1 A. GC - 5 GENERAL CONDITIONS .7.3 State of New York: The Contractor shall obtain all necessary New York State highway permits whenever the Contract requires any work to be"done within or upon existing State highway right-of- .ways. These permits shall be obtained from the District- Office in. Hauppauge prior to the performance of the work. Upon application for the permit, the Contractor will be required to supply the following: (1) Three(3) copies of a sketch or print showing description and location of the proposed work. The Engineer will supply these prints to the Contractor. (2) Contingent liability insurance for the State (in addition to his own liability insurance) shall be furnished in amounts and manner as required by the State of New York.' The contingent protective liability and completed operations liability insurance policy to cover: "The people of the State of New York and/or the'Superintendent of Public Works covering liability arising with respect to all operations through highway permits'by permittee or by anyone acting by, through or for the permittee, including omissions and supervisory acts of the State", in the amount of personal injury(including death)and property damage as required. S. PLANS AND SPECIFICATIONS: The Contractor will be furnished with five sets of Plans and Specifications giving all the details and dimensions necessary for carrying out the work. One copy of Plans and Specifications furnished to the Contractor must be kept,constantly on the' site. Anything shown on the Plans and not mentioned in the Specifications or mentioned in the Specifications and not shown on the Plans and all the work and materials necessary for the completion of the work ,according to the intent and meaning of the Contract shall be furnished, performed and done as if the same were both mentioned in the Specifications and shown on the Drawings. Any conflict or inconsistency between the Plans and Specifications, or any discrepancy between the figures and scale of Drawings, shall be submitted by the`Contractor to the Engineer, whose decision thereon shall be conclusive. In the event the meaning of any portion of the Specifications or Drawings or any supplementary drawings or instructions of the Engineer is doubtful, the same shall be understood to call for the best type of construction, both as to materials and workmanship, which reasonably can be interpreted. All materials and workmanship must be strictly in accordance with the Specifications. The Plans show approximate size, arrangement and location of the proposed work. The-Engineer will give base lines, grades, shapes and dimensions and the Contractor shall construct the work exactly in accordance with such instructions of the -Engineer subject, however, to change as provided for under-the headings "Changes and Alterations" and "Compensation to be Paid to the Contractor". Additional copies of Plans and Specifications, when requested, will be fin-nished to the Contractor at cost of reproduction. The Contractor shall furnish to each of the subcontractors and materialmen such'copies of the Contract Documents as may be required for their work. GC -"6 GENERAL CONDITIONS 9. CUTTING, PATCHING AND DIGGING: ,The Contractor shall-do all cutting,- fitting or patching of his work that may be required to make its several parts come together properly and fit it to receive or be received by work of other contractors shown upon or reasonably implied by Drawings and Specifications for the completed structure, and he shall make good after them as Engineer may direct. Any cost caused by defective or ill-timed work shall be borne by the party responsible therefor. The Contractor shall not endanger any work by cutting, digging or otherwise, and shall not cut or alter the work of any other contractor save with the consent of the Engineer. 10. ERRORS,OMISSIONS AND DISCREPANCIES: a) If any errors, omissions or discrepancies appear in the drawings, -Specifications or other documents, the Contractor shall, within ten days from receiving such Drawings, Specifications or documents, notify the Engineer in writing of such errors or.omissions. In the event of the Contractor's failing to give such notice, he will be held responsible for the results of any such errors or omissions and the cost of rectifying the,same. b) If, in the opinion of the Contractor, any work is shown on Drawings,,or details, or is specified in such a manner as will, make it impossible to produce a first class piece of work, .or should discrepancies appear between the Drawings and/or Specifications, he shall refer the same to the Engineer for interpretation before proceeding with the work. If the Contractor fails to make such references to the Engineer, no excuse will,thereafter be entertained for failure to carry out the work in satisfactory manner as directed. c) Should a-conflict occur in or between the Drawings and Specifications and/or existing conditions, the Contractor shall be deemed to have estimated on the more expensive way of doing the work, unless he shall have asked for and obtained a decision in writing from the Engineer, before the submission of bids, as to which method or material will produce the results to the best interest of the Town. 11. TEMPORARY OSI& TOILET: T14P r„n*,.aete.. Shall provide a o ffi e tFa ler for',.nn by the toAm and its representatives. The trailer shall be elimate.eepAr-olled and have a elean p! table, deskandeha r pfevidpd inside., The Contractor shall provide and maintain a sanitary temporary toilet where directed by the, Engineer.- The temporary toilet shall be enclosed and weatherproof and kept in a sanitary condition at all times. Upon removal of the temporary outside toilet,the vault shall be disinfected, filled and all evidence of the toilet removed from the.site. 12. PROPER METHOD OF WORK AND PROPER MATERIALS: The Engineer shall have the power in general to direct the order and sequence of the work, which shall be such as.to permit the entire work under this Contract to be begun and to proceed as rapidly as possible,and such as to bring the several parts of the work.to a successful completion at about the same time. If at any time before the commencement or during the progress of the work the materials and appliances used or to be used appear to the Engineer as insufficient or improper for assuring the GC - 7 GENERAL CONDITIONS .quality of the-work required, or the required rate of progress, he-may order the Contractor to increase their efficiency or to improve'their character, and the failure of the Engineer to demand any increase,of such efficiency or improvement shall not release the Contractor from his obligation to secure the quality of work or the rate of progress specified. During freezing or inclement weather, no work shall be done except such as can be done satisfactorily and in a manner to secure first-class construction throughout. All work shall-be done in such a manner as will properly protect and support existing permanent structures,pipe lines, etc. 13. INSPECTION: Inspectors shall be authorized to inspect all work done'on materials furnished. Such inspections may extend to all parts of the work and to the preparation or manufacture of the materials to be used. In case of any dispute arising between the Contractof and the Inspector as to materials furnished or the manner of performing the work, the Inspector shall have the authority to reject material or suspend the work until the question at issue shall be referred to and decided by the Engineer. The Inspector shall not be authorized to revoke, alter, enlarge, relax or release any requirements of these Specifications, nor to'approve or accept any portion of'the work, nor to issue instruction contrary to the Plans and Specifications. The Inspector shall in no case act,as foreman or perform other duties for the Contractor or interfere with the management of the work by the latter. Any advice, which the Inspector may give the Contractor; shall in no way be construed as binding the Engineer nor'the Owner in any way nor releasing the Contractor from the fulfillment of the terms of the Contract. The Contractor shall be conclusively presumed to be acquainted with all existing conditions and to guarantee that all work and materials shall, upon final completion of the work, be turned over to the Owner in a complete and perfect condition and he shall be responsible for the proper care, maintenance and protection of all work and material until his entire Contract is completed and all work and materials found in good condition and accepted. The Contractor will be held responsible for the entire work until completed and accepted by the Engineer and the Owner. The Contractor shall, at all times, provide the Owners, Engineer, assistants and inspectors under him with,necessary facilities for determining both on the work and at the places of manufacture, that all work being performed and all materials being manufactured are strictly in accord with the Contract. Until acceptance of work-by-the Owner, the Contractor shall be responsible for all damages to the work including action of the elements or any other cause whatsoever. The Contractor shall continuously and adequately,profect the work against damage'from any cause. 14. WAIVER: Neither the inspection by the Owner or Engineer or any part of their employees nor any order, measurement or certificate by the Engineer nor any order by the Owner for the payment of any money nor any payment for or acceptance of, the whole or any--part of the work by the Engineer or the Owner nor any extension of time nor any possession taken by the Owner or its employees shall�operate as a waiver of any provision of this Contract or of any power herein reserved to the Owner or any right to damages herein provided; nor shall any waiver of any breach of the Contract constitute a waiver of any subsequent breach. Any remedy provided in this Contract shall be construed as cumulative; that is in addition to each and every remedy herein provided.- GC - 81 rovided.GC - 8` GENERAL CONDITIONS 15. WATER AND ELECTRIC POWER: All water and electric power supply for construction purposes must be provided by the.Contractor. The cost shall be borne by the.Contractor. 16. MACHINERY AND EQUIPMENT: All machinery, equipment, trucks and vehicles-used in the prosecution of the work or in connection therewith, shall at, all times be,in proper working condition. The Contractor shall be responsible for curtailing noise, smoke, fumes or any other nuisance resulting from his operations. He shall, upon written notification from the Engineer, make any repairs, replacements, adjustments, additions, and furnish mufflers when necessary to fulfill these requirements. 1.17. MAINTENANCE: If, within one year from the date of issuance of the Final Certificate, any portion of the work shall, in the opinion of the Owner,require repairing,replacing, or rebuilding,the Contractor shall start such repairs within five (5)_days after the receipt of notice from the Owner, and:if the Contractor shall fail or neglect to start such repairs within the said five (5) days, the Owner may employ such other person or persons as they deem proper to make such repairs and pay the expense thereof out of any sum retained by them, provided nothing herein contained shall limit the liability of the Contractor or his Surety to the Owner for nonperformance of the Contractor's obligations at any time. 18. SCHEDULE OF OPERATIONS: • Within 5 days after the signing -of the Contract, the Contractor shall submit a proposed program of operations, ;showing clearly how he proposes to conduct the work so as to bring about the completion of his work within the-time limit specified. This program shall outline the proposed sequence of operations,•the rates of progress and the dates when his work will be sufficiently advanced to.permit the,installation of work under this Contract. 19. RIGHT TO USE WORK: The Owner may enter upon and use the whole or any portion of the work, which may be in condition to use any time previous to its final acceptance by the Owner. Such use shall not constitute or be evidence of acceptance, by the Owner or the Engineer of the whole or any part of the material furnished or work performed under the Contract. 20. NOTICE OF WARNING: If the Contractor shall fail to make proinpt•payment to persons supplying labor or materials for the work, or refuse or fail to supply enough properly skilled workmen or proper materials or refuse or fail to prosecute the.work or any part thereof with such diligence as will insure its completion within the,period.herein specified (or any duly authorized extension thereof) or fail to complete the work within said period or fail•or refuse to regard laws, ordinances, codes, instructions of the Engineer, then the Engineer shall forward by registered mail to the Contractor,,at the address given in the Contract, a Notice of Warning, and'in theevent the Contractor fails to comply with said Notice of Warning within five (5)days from receipt thereof,the Owner shall have the right to terminate.the Contract. 21. WARNING. SIGNS: Contractor shall provide and maintain proper luminous warning and detour, signs where directed by the Engineer. Obstructions such as stored materials, equipment and excavations shall be marked with not less than two lights, which shall be not more than 4 feet,apart.. All lights shall be kept burning from one-half hour before sunset to until one-half hour after sunrise. GC - 9 GENERAL CONDITIONS 22. ACCIDENT PREVENTION: During the'performance of the work, the Contractor shall exercise all reasonable precautions for the protection of persons and property. `The safety provisions of applicable laws; building and construction codes shall be observed. Machinery, equipment and all other physical hazards shall be guarded in accordance with the safety provisions of the Manual of Accident Prevention in Construction published by the Associated General Contractors of America to'the extent that such provisions are not inconsistent with Federal, State or Municipal laws or regulations. If any.operation, practice or condition is deemed by the Engineer to be unsafe, he shall notify the Contractor,in writing to take corrective action. Where, in the opinion of the Engineer, any operation; 'practice or condition shall be promptly discontinued and before the affected part of the work is resumed, remedial action taken. The Owner reserves the right to remedy any neglect on the part of Contractor` as regards the protection of the work which may come to its attention, after 24 hours' notice in writing; except that in cases of emergency it shall have the right to remedy any neglect without notice, and in either case to deduct the cost of such remedy from money due the Contractor. Nothing in the foregoing paragraphs shall be construed as relieving the Contractor from full responsibility at all times for safe prosecution of the work. 23. DAMAGES: The Contractor shall pay and make good all losses or damages^arising out of any cause connected with the Contract and shall indemnify and save harmless the Owner from any and all claims and any and all liability or responsibility of every nature and kind for any loss, damage or injury which may be brought against the Owner or any of its officers or agents; by reason-of, or connected with the work or materials famished'under the Contract and shall pay all costs and expenses of every kind, character, and nature whatever, occurring upon or arising_ out of the Contract. 24. MAINTENANCE OF TRAFFIC: All work under this Contract'is to be completed within the time indicated in the Contract Agreement or as extended by the Owner.� If in the meantime it should become necessary, because of the lateness of the season, or any other reason to stop the work, the Contractor shall at his own expense, open proper drainage ditches, erect-temporary structures-where necessary, prepare the roads so there will be minimum interference with traffic, set up and maintain a competent organization as directed by the Engineer, to keep the highways in first class condition for traffic,'and take every precaution to prevent any damage or unreasonable deteriorationof the work during the time it is closed. 25. FINAL SITE'CLEARING: - Before final payment will be approved, the 'Contractor shall prepare the construction areas as follows: All basins, manholes and pipe as constructed shall be cleaned free from accumulated construction dirt, silt, form work, etc., and all proper restoration as called for in the items of the Specifications shall be complete in every detail. The Contractor shall clean all construction areas free from accumulated,forms, excavation fill, construction materials and - construction shanties. All areas shall be completed in every detail and shall be broom cleaned from excess dirt and materials. GC - 10 GENERAL CONDITIONS 26. PROTECTION OF LAND MARKERS, TREES, SHRUBS, AND -PROPERTY: Wherever in the conduct of the work,-a monument marking a point of public or private survey is encountered or brought to view by excavation, the fact shall."at once -be communicated to the Engineer. In no case shall the Contractor remove thesame until the location for resetting shall have been made by the Engineer. All monuments or land markings exposed to view when the work is first undertaken shall be carefully preserved and the greatest care-exercised to prevent injury to or disturbance of position of the same. The unit price of all items shall include the cost of restoring to its former condition any sidewalks or curbs, as well as restoring any trees, shrubs or lawns that may be damaged during this construction. No additional payment will be made. = The Contractor is required at his own expense to obtain any and all permits for use of private property if he uses such property-for storage,.transportation or.accomplishment of the work,under the Contract. Private property shall be cleaned up neatly, any damage repaired and premises restored to their original,condition.- 27. PROTECTION OF UTILITIES: The Contractor shall familiarize himself with the existence of structures of municipal and other public service corporations on or adjoining the site of the work, and give reasonable opportunity to and cooperation with the owners of these utilities in the work of reconstructing or altering them. Such reconstruction and alteration shall be so conducted as to delay or interfere as little as practicable with the work of the Contractor. Any additional cost of various items of work because of these utilities shall,be included in the price bid for these items. The Engineer shall direct the public utility corporations to shift or remove those utility structures that may be necessary to permit the-Contractor to carry out the work in accordance with the Plans. _The.Contractor shall not remove or cause to be removed, any structure or part of a structure owned by a public utility corporation without the approval of the Engineer. The Contractor shall cooperate with the public utility corporation whose structures (aerial, surface or subsurface) are within,the limits of or along the outside of the right-of-way, to make it possible for them to maintain uninterrupted service. The Contractor shall conduct his operations in such a way as to delay or interfere as little as practicable with the work of the utility corporation. 28. NO DAMAGES FOR DELAY: Notwithstanding any other provisions to this Contract, the Contractor agrees to make no claim for damages for delay in the performance of this Contract occasioned by any act of the Town or any of its representatives, and agrees that any such claim shall be fully compensated for by an extension of time to complete performance of the work as provided herein. This provision shall not apply to any act or omission to act of the Town or any of its representatives; wherein the same is done in bad faith and with deliberate intent to delay the Contractor in the performance of this Contract. 29. RECORD KEEPING: The Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance under this contract (hereinafter the "records"). The records must be kept for the balance of the contract term and for six (6) years thereafter. GC - 11 GENERAL CONDITIONS 30. SUBCONTRACTORS AND SUPPLIERS: Within five days after receipt from the Engineer of notice to begin work, the Contractor will famish written notice of names of all subcontractors to be employed on the project and the general`items of work to be done by them: Simultaneously, the Contractor' shall furnish written notice of the names of suppliers of materials to be used on the project. The Owner may disapprove,fo'r good cause any subcontractor or material supplier selected by the Contractor by giving written notice of its disapproval within five (5) days after'receiving the names of subcontractors and material suppliers, -to the Contractor who shall thereupon promptly notify the Owner of the names of the subcontractor or material supplier selected in `replacement which shall again be subject to approval by the Owner. 31. PENAL LAW: Attention is called to Section 1918 of the Penal Law as follows: Construction or blasting near pipes conveying combustible gas No person shall discharge explosives in the ground, nor shall any person other than a state or county employee regularly engaged in the•maintenance and repair thereof excavate in any then existing street, highway, or public'place; unless notice thereof in writing shall. have been given at least seventy-two hours in advance to the person, corporation or municipality engaged in the distribution of gas in such territory. The person having direction or control of such work shall give such notice, and further he shall 'ascertain whether there is within one hundred feet in such'street, highway or public place, or in the case of a proposed discharge of explosives within a radius of two hundred feet of such discharge, any pipe of any other person, corporation or municipality conveying combustible gas, and if thereby any-such pipe, he shall also give such notice to any other such -person, corporation or municipality. Provided, however, that in any emergency involving danger to life, health, or property it shall be lawful to excavate without using explosives if•the notices prescribed herein`are given as soon as reasonably possible, and to discharge explosives to protect a person or persons from an immediate'and substantial danger of death or serious personal injury if such notices are given before any such discharge is undertaken, Any such work shall be performed in such manner as to avoid danger to any pipe conveying combustible gas. Any violation of the provisions of this section shall be a misdemeanor. GC - 12 CONDITIONS OF CONTRACT INDEX 1. Contract Documents and Definitions 2. Scope of the,Work 3 Compensation to be paid to the Contractor 4 Time of Essence. 5. Commencemenf of Work 6. Time of Completion' 7. Liquidated Damages for Delays 8. Extension of Time. No Waiver 9: Weather in Cei: r- et Se ritr 11. Laws and Ordinances 12. Qualifications for Employment 13. Non-Discrimination 14. Payment of Employees 15. Estimates and Payments 16. Acceptance of Final Payment Constitutes Release 17. Construction.Reports 18. Inspection and Tests 19. Plans and Specifications: Interpretations 20. Subsurface Conditions Found Different 21. Contractor's Title fo Materials 22. Superintendence by Contractor 23. Protection of Work,Persons and Property 24. Representations of Contractor' 25. Patent Rights 26. Authority.,of the Engineer 27. Changes and,Alterations 28. Correction of Work 29. Weather Conditions 30. The Owner's Right to Withhold Payments 31. The Owner's Right to Stop Work or Terminate Contract 32. Contractor's Right to Stop Work or Terminate Contract ; 33. Responsibility for Work 34. Use of Premises and Removal,of-Debris. 35. Suits of Law 36. Power of the Contractor to Act in an Emergency 37. Provisions Required by Law Deemed Inserted 38. Subletting, Successor and Assigns 39. General Municipal Law Clause 40. Grades,Lines,Levels, and Surveys 41. Insurance Requirements 42. Foreign Contractors 43. Lien Law 44. Refusal to Waive Immunity 45. Exemption from Sales and Use Tax -CC - 1 CONDITIONS OF CONTRACT 1. CONTRACT DOCUMENTS AND DEFINITIONS The Notice to Bidders, Instructions to Bidders, Proposal Form, Conditions of Contract, General Conditions, Specifications, Form of Contract, Construction Drawings, together with any Addenda, shall form part of this Contract, and the provisions thereof shall be as binding upon the parties hereto, as if they were herein fully set forth. The table of contents, titles, heading, headlines, and marginal notes contained herein are solely to facilitate reference to various provisions of the Contract Documents and in no way affect, limit or cast light upon the interpretation of the provisions to which they refer. Whenever the term "Contract Documents" is used, it shall mean and include the Notice to Bidders, Instructions to Bidders, Proposal Form, Conditions of Contract, General Conditions,> Specifications, Form of Contract,' Construction Drawings and any Addenda. In case of any conflict or inconsistency between the provisions of the Contract and those of the Specifications, the provisions of this Contract shall govern. Extra Work: The term "extra work", as used herein, refers to and includes all work required by the Owner, which in the judgment of the Engineer involves changes in or additions to work required by the Plans, Specifications and any Addenda in their present form and which is not covered by a specific unit price in the Form of Bid. Subcontractor: The term "subcontractor" shall mean any person, firm; or corporation supplying labor and material for work at the site of the project but not including the parties to this Contract. Notice: The term "notice", as used herein, shall mean and include written-notice. Written notice shall be deemed to have been duly served when delivered to, or at last known business address of,.the person, firm or corporation for whom intended, or his, their, or its duly authorized agents, representatives, or officer, or when enclosed in a postage prepaid wrapper or envelope addressed to such.person, firm or corporation at,his, their or its last known business address and deposited in a United States mailbox. Directed, Required, Approved Acceptable: Whenever they refer to the work or its performance, "directed", "required", "permitted", "ordered", "designated", "prescribed"; and words of like import shall imply the direction, requirement, permission, order, designation'or prescription of the Engineer, and "approved", "satisfied", or "satisfactory", "in the judgment of',-and words of like-import, shall mean approved, or acceptable to, or satisfactory to, or in the judgment of the Engineer. 2. SCOPE OF THE WORK The Contractor will furnish all plant, labor, materials, supplies, equipment and other facilities and things necessary or proper for, or incidental to, the work contemplated by this Contract as required by, and in strict accordance with the applicable Plans, Specifications and Addenda prepared by the Engineer and/or required by, and in strict accordance with, such changes as are' ordered and approved pursuant to this Contract, and will perform all other obligations imposed on him by this Contract. CC -2 CONDI-TIONS ,OF-CONTRACT 3. COMPENSATION TO BE PAID,TO THE CONTRACTOR (a) Agreed Prices: It is understood and agreed that the Contractor will accept as payment in full the summation of products of the actual quantities in place upon the completion of the work, as determined by the Engineer's measurements, by the unit prices bid, no allowance being made for anticipated profit or for reasons of variations from the estimated quantities set forth in the Form of Bid. (b) Extra Work: The Owner may, at any time, by a written order and without notice to the Sureties, require the performance .of such extra work or changes in the work as it may find necessary or desirable. The amount of compensation to be paid to the Contractor for any extra work, as so ordered, shall be determined as follows: 1) By such,applicable unit prices, if any, as set forth in the Contract; or 2) If no such unit prices are set.forth, then by unit price or by a lump sum mutually agreed upon by,the Owner and-the Contractor; or 3) If no such.unit prices are so set forth and if the parties cannot agree upon unit prices_or-a lump sum; then by actual net cost in money to the Contractor of the materials, permits, wages of applied labor, premiums for Workmen's Compensation Insurance, payroll taxes required by law, rental for plant and equipment used (excluding small tools) to which total cost will be added twenty (20) percent as full compensation for all other items of profit, costs and expenses, including administration; overhead,,superintendence, insurance, insurance other than Workmen's Compensation Insurance,, materials, used in temporary structures, allowances made .by the Contractor to subcontractors, n the porf ee bond of the rentr-aete and the use of small tools. 4. TIME OF ESSENCE . INASMUCH AS THE PROVISIONS,OF THIS CONTRACT RELATING TO THE TIME OF PERFORMANCE AND COMPLETION OF THE WORK ARE FOR THE PURPOSE OF ENABLING THE TOWN TO PROCEED WITH THE CONSTRUCTION OF A PUBLIC IMPROVEMENT IN ACCORDANCE WITH A PREDETERMINED PROGRAM, SUCH PROVISIONS ARE OF.THE ESSENCE-OF.THIS CONTRACT. 5. COMMENCEMENT OF WORK The Contractor agrees that he will commence work immediately on and not later'than ten (10) days after signing of the Contract. 6. TIME OF COMPLETION The time of completion of the entire contract work.shall be ONE-HUNDRED AND TWENTY (120) CONSECUTIVE CALENDAR DAYS from the date the contract is signed by all parties. The date,of such completion shall be the date of the,Certification of Completion herein specified. The entire work must-be satisfactorily completed so that the project improvements are available to the Town for use. CC - 3 ',CONDITIONS OF CONTRACT The Owner reserves theright to order the Contractor to_suspend operations, when in the opinion" of the Engineer, improper weather conditions make such action advisable, and to order the Contractor to resume operations when weather and ground-conditions permit. The days during which such suspension of work is in force are not chargeable against-the specified completion date. 7. LIQUIDATED DAMAGES FOR DELAYS The time limit being essential to and of the essence of this Contract, the Contractor hereby agrees that the Owner shall be, and is hereby authorized to deduct and retain out of'the money which may be due or.may become due to said Contractor under this agreement, the sum of One Thousand Five Hundred ($1,500.00) per day which amount. is hereby agreed upon, fixed and determined by the parties hereto as the liquidated damages, including overhead charges, services, inspector's wages and interest on the money invested, that the Owner will suffer by reason of such default, for each and every day during which the aforesaid work may be incomplete over and beyond the time herein stipulated for its completion'in 6 - Time of Completion, provided, however,that the Owner shall have the right to extend the time for the completion of said work. 8. EXTENSIONS OF TIME. NO WAIVER . If the Contractor shall be delayed in the-completion of his work by reason of unforeseeable causes beyond his control and without his fault or negligence, including but not restricted to, acts of God or of the public enemy, fires, floods; epidemics, quarantine restrictions,-strikes, riots, civil commotion's or freight embargoes, the period herein above specified for completion of his work shall be extended by such time as shall be fixed by the Owner. No such extension of time shall be considered a waiver by the Owner of its right-to terminate the Contract for abandonment or delay by the Contractor as. hereinafter provided, or relieve the Contractor from full responsibility for performance of his obligations hereunder. 9. WEATHER During unsuitable weather, all work must stop when such work would be subject to injury and the Contractor shall transfer his men and materials to those parts of the work where weather conditions will not have any effect on the workmanship. The Contractor shall not be entitled to any damages on account of such damages or suspension, and he must protect any work that might be injured by the elements and'make good any work that is injured. 110. CONTRACT-CT- SF T ro 7TY Bond, > equal to eft-ehundred per-e6n4 0 ) of the amount 9 the bid as seeur-ity for- the faithful per-fi3fmanee of th Gentmet, a3ck €6r- the payment of all per-sons per-forming-labor--vF fwnish 1 fer-ee and effeet as a maintenanee bend for- a.pefi;gd ef fiot le�s thah ene (1) year-after- th- -1-t- -f meeptanee of the work by the Engineer-. CC -4 CONDITIONS OF CONTRACT any suf s, of if fef any ether reason sueh bend shall eease to be adeq--[ , substitute an aeeeptable bend in sueh fbFni and sum and signed by sueh other- sufety as may-1-7ve satisfaetoi=y tp the OvsiBn The pr- --Eieh bonds shall be made until the new surety shall have be n qualified. 11. LAWS AND ORDINANCES In the execution of the Contract, the Contractor shall comply and obey all,federal, state, county and local laws, ordinances, codes and regulations relating to the,performance of the Contract; including but not limited to, labor employed thereon, materials supplied, obstructing streets and highways, maintaining signals,-.storing, handling and use of explosives,and all other general ordinances and state statutes affecting him or his employees or his work hereunder in his relations with the Municipality or any other persons, and also all laws, codes, ordinances controlling or limiting the Contractor.while engaged in executing the work under the Contract. As a condition of the Contract, the Contractor shall and does hereby agree to comply with all requirements of the labor laws of the State of New York. The Contractor shall comply with.the provisions of Sections.291- 299 of the Executive Law and Civil Rights Law,, shall furnish all information and reports deemed necessary by the State Commission for Human Rights, the Attorney General" and the Industrial Commissioner for purposes of investigation to ascertain compliance with such sections of the Executive Law and Civil Rights Law. The Contract may,be forthwith cancelled, terminated or suspended, in whole or in part, by the contracting agency upon the basis of a finding made by the State Commission for Human Rights -that the Contractor has not complied with these laws. The Contractor hereby expressly agrees to-comply with all the provisions of the Labor Law and any and all amendments thereto, insofar as the same are,applicable to this Contract. The Labor Law,_as amended, provides that no laborer, workman or mechanic in the employ of the Contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by this Contract, shall be permitted or required to work more than eight (8) hours in any one (1) calendar day, except in cases of extraordinary emergency caused by fire, flood or danger to life or property; that no such person•shall be employed more than eight (8) hours in any day or more than five (5) days in any week expect in such emergency; that the wages to be paid for a legal day's work as herein before defined, to laborers, workmen or mechanics upon the work called for under this-Contract or.upon any material used .upon, or in connection therewith, shall not be less than the.prevailing rate,for a day's work in the same trade or occupation in the locality within the state where such work is to be done and each laborer, workman or:mechanic employed by the Contractor, subcontractor or other person about or upon the work shall be paid the wages herein provided; that employees engaged'in the construction, maintenance, and repair of highways and in water works construction outside the limits of cities CC - 5 CONDITIONS OF CONTRACT and villages are no longer exempt from the provisions of the Labor Law which require the payment of the prevailing rate of wages and the eight(8) hour day. Section 222 of the Labor Law, as amended by Chapters 556 and 557 of the Laws of 1933, provides that preference in-empl'oyment shall be given to citizens'of tfie'State of New York who have been residents of Suffolk County for at least six (6) consecutive months immediately prior to the commencement of their employment. Each person so employed shall furnish satisfactory - proof of residence in accordance with rules adopted by the'Industrial Commissioner. Persons other than citizens of the State of New York shall be employed only when such citizens are not available. Section 222 further provides that upon the demand of the State Industrial Commissioner., the Contractor shall furnish a list of names and addresses of all his subcontractors and further provides.that a violation of this section shall constitute a misdemeanor and'shall be punishable,by a fine of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00) or by imprisonment for not less than thirty nor more than ninety days, or both fine and imprisonment. Section 220-A of the Labor-Law,-as amended-by Chapter 472 of the Laws of 1932, provides that before payment is made by or on behalf of the,State of any city, county, town or village or other civil division of the-state of any sums due on account of a contract for a public improvement, it is the duty of the Comptroller or the financial officer of the Municipal Corporation to.require the Contractor and each and every subcontractor to file a certified statement in writing, in satisfactory form, certifying to the amounts then due and owing to-any and all laborers for daily or,weekly wages on account of labor performed upon the work of the Contractor, setting forth therein the names of the persons whose wages are unpaid and the amount due each respectively. Section'220-B of the Labor Law, as so amended, provides that any interested person who shall have previously filed a protest in writing objecting to the amounts due or to become due to him for daily,or weekly wages for labor performed on the public improvement for which the Contract was entered into, or if for any reason, it may be deemed advisable', the Comptroller of the State or financial officer of the Municipal Corporation may deduct from the whole amount of any payment on account thereof of the sums or sum admitted by any contractor or subcontractor in such statement or statements so filed to be due and owing by him on account of labor performed and may withhold the amount so deducted for the benefit of the laborers .for daily or weekly wages, whose wages are unpaid as shown by the verified statements filed by any contractor or subcontractor and may pay directly to any person the amount or amounts so shown to be due,for such wages. Section 220-C of the Labor Law, as so amended, provides the penalty for making of a false oath or verification. Section 220-D of the Labor Law provides that the advertised Specifications for every contract'for the construction, reconstruction; maintenance and/or repair of highways to which the 'State, county, townand/or village is a party shall contain a provision'stating the minimum rate of hourly wage that can be paid, as shall be designated by the Industrial Commissioner, to the ,laborers employed in the performance of the Contract either by the Contractor, subcontractor or other person doing or contracting to do the whole -or part of the work contemplated by the CC - 6 CONDITIONS OF CONTRACT Contract, and the Contract shall contain a stipulation that such laborers shall be paid not less than such hourly minimum rate of wage. Any person or corporation that willfully pays, after entering into such Contract, less than such stipulated minimum hourly wage scale shall be guilty of a misdemeanor and upon conviction, shall be .punished for a first offense by a fine of Five Hundred Dollars ($500.00) or by imprisonment,for not more than thirty (30) days, or both by fine and imprisonment; for a second,offense by a fine of One Thousand Dollars ($1,000.00) and in addition thereto, the Contract on which the violation has occurred shall be forfeited, and no Such person or corporation.shall be entitled to receive any sum nor shall any officer, agent or employee of the State,pay the same or authorize its payment from the funds under his charge or control to any person.or corporation for work done upon any contract, on which the Contractor has been convicted of second offense in violation-of the provisions of this section. The minimum wage,rates established by the Industrial Commissioner, State of New York, for this Contract are set forth herein above as part of"Instructions to Bidders". 12. QUALIFICATIONS FOR EMPLOYMENT No person under the age of sixteen(16).years and no person currently serving sentence in a penal or correctional institution shall be employed to perform any work on the project under this Contract. No person whose age or physical. condition is such as to make his employment dangerous to his health or safety or to the health or safety of others, shall be employed to perform any work on this project; provided, however, that such restrictions shall not operate against the employment of physically handicapped persons, otherwise employable, where each person may be safely assigned to work which they can ably perform. 13. NON-DISCRIMINATION There shall be no discrimination because of race, creed, color, national origin-, age or sex in the employment of persons for_work under this Contract, whether performed by the Contractor or any subcontractor. Neither shall the Contractor and subcontractor or any person acting on behalf of the Contractor or subcontractor discriminate in any manner against or intimidate any employee hired for the performance of work under this Contract on account of race, creed, color, national origin, age or sex. There may be deducted from the amount payable .to the Contractor by the Owner under this Contract a penalty of Five Dollars ($5:00) for each person for each calendar day during which such person was- discriminated against or intimidated in violation of the provisions of this paragraph; provided that for a second or any subsequent violation of the terms of this paragraph, this Contact may be canceled or terminated by the Owner and all monies due or to become due hereunder may be forfeited. 14. PAYMENT OF EMPLOYEES The Contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this Contract in full (less deductions made mandatory by law) in cash or company check and not less often than once each week. CC - 7 CONDITIONS OF CONTRACT 15. ESTIMATES & PAYMENTS (a) Monthly: At the end of each calendar month during the progress of the work, the Engineer shall make an'approximate estimate of the work satisfactorily done, based upon the prices set forth in the Proposal Form. In consideration of the work done, the Owner will pay or-cause to be paid to the Contractor the amount estimated by the Engineer as due him less five (5).percent. The making of any such estimate or payment made thereon shall not be taken or construed as an acceptance by the. Owner of any work so estimated and paid for. The five percent (5%) of the' amount of the monthly estimate remaining unpaid will be retained by the Owner as a guarantee that the Contractor will faithfully and completely fulfill all obligations imposed by the Contract and Specifications, and against any damages caused the Owner by reason of any failure on the part of the Contractor to fulfill all conditions and obligations herein contained. (b) Final Estimate: One month after the completion and acceptance of the work specified and contracted for, the Engineer will make a final estimate of all the work done. Thereafter, the Owner will pay the full amount, less prior payments, less any amounts retained to complete the work according to the provisions of the Specifications, less any money paid by the Owner by -reason of said Contractor having failed to carry out faithfully and completely all the obligations and .requirements herein contained. Upon final settlement, according to the conditions herein specified and not until such-settlement shall have been made, will the Contractor be relieved from the obligations assumed in the Contract. (c) Measurement for Payment: The Engineer shall make due measurement of work done during the progress of the work and his estimate shall be final and conclusive evidence of the amounts of work performed by the Contractor under, and by virtue of, this agreement and shall be taken as-full measure of compensation to be received by the Contractor. When requested by the Contractor, the Engineer shall measure, re-measure or re-estimate any portion of the work, but the expense of such re-measurement or re-estimating shall, unless material error is proved, be paid for by the.Contractor. (d) No payments will be made for materials delivered to the site which have riot been. incorporated into the work. (e) Contractors and subcontractors are required' to submit to the Town, within thirty days after issuance of the first payroll, and every thirty days .thereafter, a transcript of the original payroll record, subscribed and affirmed as true under the penalties of perjury. CC - 8 CONDITIONS.OF CONTRACT 16. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE The acceptance by the Contractor of the final payment shall be, and shall operate as.a release to the Owner from all claims and all liabilities to the Contractor for all the things done or furnished in connection with this work and for every act and neglect of the Owner and others relating to or arising out of, this work, excepting.the Contractor's claims for interest upon the final payment, if this payment be improperly delayed.. No payment, however, final or.otherwise, shall operate to .release the Contractor or.his sureties from any obligations under this Contract^r-the Peffe__ ^�^� Bon-: 17. CONSTRUCTION•REPORTS . The Contractor shall submit to the Engineer:prior to commencing any work under this Contract, a detailed schedule and plan of.operations indicating the manner in which the Contractor proposes to prosecute the work and a time schedule therefor. Such schedules are not intended to bind the Contractor to a,pre-determined .plan or procedure, but rather to enable the Engineer to coordinate the work of the Contractor with work required of, and to be performed by others. The detailed schedule shall include a list of the subcontractors and material suppliers he proposes to use on the work. The Contractor shall furnish the Engineer with ,periodic estimates for partial -payments as required elsewhere in the Contract Documents, and-in.addition thereto will furnish the Engineer with a detailed-estimate for final payment. Prior to being eligible to receive the final payment:under this-Contract, the Contractor shall furnish the Engineer with substantial .proof that all bills for services rendered and materials supplied have been paid. The enumeration of the above reports in no way relieves the Contractor of his responsibility under existing Federal,or State Laws of filing such other:reports with agencies as may be required by such existing laws or regulations. • to • 18. INSPECTION AND TESTS All material and workmanship shall be subject to inspection, examination and test by, the Engineer at any time during the construction and at any and.all places where manufacturing of materials used and/or construction is carried on. Without additional charge, Contractor shall furnish promptly all reasonable facilities, labor and materials necessary to make any tests required by the Engineer and/or required by the Specifications. If at any time before final acceptance of the entire work, the Engineer considers necessary or advisable an examination of any portion of the work already completed, by removing or tearing out the same, the Contractor shall upon request, furnish promptly all necessary facilities, labor and materials for such examination. If such work is found to be defective in any material CC - 9 r CONDITIONS OF CONTRACT respect, due to the fault of the Contractor or any subcontractor, or if any work shall be covered over without the approval or consent of the Engineer, whether or not the same shall be defective, the Contractor shall be, liable for the expense for such examination -and of satisfactory reconstruction. If, however, such approval-and consent shall have been given and such work is found to meet the. requirements of this Contract, the Contractor shall be recompensed for the expense of such examination and reconstruction in the manner herein provided for the payment of cost of extra work. The selection of laboratories and/or agencies for the inspection and tests.of supplies, materials or equipment shall be subject to the approval of or designated by the Owner. Satisfactory documentary evidence that the material has passed the required inspection and tests must be furnished to the Engineer prior to the incorporation of the material ill the work. Any rejected work will be removed from the site of the project completely at the expense of the Contractor. 19. PLANS AND SPECIFICATIONS: INTERPRETATIONS The Contractor.shall keep at the site of the work one copy of the Plans and Specifications signed and identified by the Engineer. Anything shown on the Plans and not mentioned -in the Specifications or mentioned in the Specifications and-not shown in the Plans shall have the same effect as if shown or mentioned in both. In-case of any conflict or inconsistency between the Plans and Specifications, the,Specifications shall govern. Any discrepancy between the figures and drawings shall be submitted to the'Erigineer whose decision thereon shall be conclusive. 20. SUBSURFACE CONDITIONS FOUND DIFFERENT Should the Contractor encounter subsurface conditions at the site materially differing from those = shown on the Plans or indicated in the Specifications, he shall immediately give notice to the Engineer of such conditions, before they are disturbed; the Engineer shall thereupon promptly investigate the conditions and if he finds that they materially differ from those shown on the Plans or indicated on the Specifications, he shall at once make such changes in the Plans and/or Specifications as he may find necessary. Any increase or decrease of cost resulting from such changes'will be adjusted in the manner provided herein for adjustment as to extra and/or additional work and changes. 21. CONTRACTOR'S TITLE TO MATERIALS No materials or supplies for the work shall be purchased by the Contractor or any subcontractor subject to any chattel mortgage or under a conditional sale or other agreement by which an interest is 'retained by the seller. The Contractor warrants that he has good title to all materials and supplies used by him in the work. CC - 10 , CONDITIONS OF CONTRACT 22. SUPERINTENDENCE BY CONTRACTOR At the site of the work, the Contractor shall give his constant, personal attention to the work or employ a.construction.superintendent or foreman who shall have full authority to act for the Contractor. It is understood that such representative shall be acceptable to the Engineer and shall be one who can be continued,in that capacity for the particular job involved unless he ceases to be on the Contractor's payroll. The Contractor's superintendent and foreman must be able to read and speak the English language. 23. PROTECTION.OF WORK,PERSONS-AND PROPERTY Precaution shall be exercised at all times for the proper protection of all persons, property and work. The Contractor shall give notice io the owners of utilities which may serve the area and request their assistance in predetermining the location and depth of various pipes, conduits, manholes, and other underground facilities:- The safety provisions of applicable laws, building and construction codes shall be observed. Machinery,.-equipment and -all hazards shall be guarded or eliminated in accordance with the safety provisions of the Manual of Accident Prevention in Construction published by the Associated General Contractors,of America, to the extent that.such provisions are not in contravention of applicable law. The Contractor shall furnish entirely at his own expense any and all additional safety measures deemed necessary by the Owner or his Engineer to adequately safeguard the traveling public. The Contractor shall, at all hours of the day, safely guard and protect his own work and adjacent property from any damage and shall replace, or make good .any such damage, loss or injury, unless such be caused directly by errors'contained in the Contract Documents, or by the Owner or its duly authorized-representatives. The Contractor shall provide and maintain such watchmen,"barriers; lights, flares and other signals at his own expense,.as will effectively prevent any accident in consequence of his work for-which the Owner might.be liable. The Contractor shall be liable for all injuries or damage caused by his act or neglect, or that of his employees. The Contractor shall take particular care to avoid the blocking of fire hydrants, fire alarm boxes, ,letterboxes, traffic signals or other visible devices maintained for the use of the public. 24. REPRESENTATIONS OF CONTRACTOR The Contractor represents and warrants: (a) That he is financially solvent and.that he,-is experienced in, and competent to, perform the type of work involved under this Contract•and_able•.to furnish the plant, materials, supplies and/or equipment to be furnished for the work;,and LL _ (b) That he is familiar with, all Federal; State and Municipal,Law, ordinances and regulations which may in any way affect the work of those employed hereunder, including but not limited to any special acts relating to the work; and CC - 11 CONDITIONS OF CONTRACT (c) That such work required by these Contract Documents as is to be done by him can be satisfactorily constructed and used for the purpose for which is intended and that such construction will not injure any person or damage any property; and (d) That he has carefully examined the Plans, Specifications and the site of the work, and that from his own investigations he has satisfied himself as to the nature and location of the work, the character, location, quality and quantity of surface and subsurface materials, structures and utilities likely to be encountered, the character of equipment and other facilities needed for the performance of the work, the general local'conditions which may in any way affect the work or its performance. 25. PATENT RIGHTS As part of'his obligation hereunder and without any additional compensation, the Contractor will pay for any patent fees or royalties�required`in respect to the work or any part thereof and will fully indemnify the Owner or his Engineer for any loss on account of any infringement of patent rights unless prior to his use in the work a'-particular process or a product of a particular manufacturer he notifies the Engineer in writing that such process or product is an infringement of a patent. 26. AUTHORITY OF THE ENGINEER •In the performance of the work, the Contractor shall abide by all orders and directions and requirements of the Engineer and shall perform'work to the satisfaction of the Engineer, at such time and places, by such methods, and in such manner and sequence as he may require. The Engineer shall determine the amount, quality, acceptability, and fitness of all parts of the work, shall interpret the Plans, Specifications; Contract Documents and'any extra work orders and shall decide all other questions in connection with the work. Upon request, the Engineer shall confirm in writing any oral orders, directions, requirements or determinations: The enumeration he or elsewhere in the Contract Documents of particular instance in which the opinion, judgment, discretion or determination of the Engineer shall control or in which work shall be performed to his satisfaction or subject to his approval-oi- inspection, shall not imply that'only matters similar to those enumerated shall be so governed and performed,but without exception' all the work shall be governed and so performed. 27. CHANGES AND ALTERATIONS The Owner, upon the Engineers recommendation, reserves the right to make alterations in location, line, grade, plan, form or dimensions of the work, or any part thereof,-either before or after the commencement of construction. If such alterations dim'in'ish the amount of work to be done, no claim for damages or anticipated profits will be warranted on the work, which may be dispensed with. If such alterations increase the-amount of work, such increases shall be paid for according.to the quantity of work actually`done and at the-prices for such work'as contained in the schedule of prices. CC - 12 i CONDITIONS OF CONTRACT 28. CORRECTION OF WORK_ All work and all materials whether incorporated into the work or not, all processes of manufacture and all methods of construction shall be at all times and places subject to the inspection of the Engineer who shall be the final.judge,of quality, materials, processes of manufacture and methods of construction suitable for the purpose for which they are used. Should they fail to meet his approval, they shall be forthwith reconstructed, made good ,and replaced and/or corrected as the-case may,be, by the Contractor, at his own expense. If, in' the-opinion of the Engineer, it,is not, desirable to•,replace any defective or damaged materials or to reconstruct or correct any portion of the. work injured or not performed in accordance with the -Contract Documents,, the compensation. to'be paid to-the Contractor hereunder shall be reduced by such amount as in"the judgment-of the Engineer shall be equitable. The Contractor'expressly warrants that his work shall be.free from any defects-in materials or workmanship and agrees to correct any defects, which may appear within one year following the final completion of the work. Neither the, acceptance of the completed work nor payment therefor shall operate to release the Contractor or his sureties from any obligations under or upon this Contract or the Porgy eel and 29. WEATHER CONDITIONS In the event of temporary suspension of work or during inclement weather or whenever the Engineer shall direct, the Contractor will, and will cause his subcontractors to protect carefully his and their work and materials against damage or injury from the weather. If in the opinion of the Engineer-any work or material shall have been damaged or injured by reason of failure on the part of the Contractor or any of his subcontractors to protect,his"or their work, such work and materials shall be removed and replaced at the expense of the Contractor. 30. THE OWNEWS.RIGHT TO WITHHOLD PAYMENTS The Owner may withhold from the Contractor so much of any approved payments due him as may, in the judgment of the Owner,be necessary: (a) To assure the payment of just claims then due and unpaid of any persons supplying labor or materials for the work; (b) To protect the Owner from loss due to defective work not remedied; or (c) To protect the Owner from,loss due to injury to persons or damage to the work or property of other contractors or subcontractors or others, caused by the act or neglect of the Contractor or any of his subcontractors. The Owner shall have the right, as,agent for the.Contractor to apply such;amounts-so withheld in such mariner as the Owner may deem proper,t6 satisfy such claims or to secure such protection. Such applications of such money shall-be deemed payments for the account of the Contractor. CC - 13 CONDITIONS OF-CONTRACT 31. THE OWNER'S RIGHT TO STOP WORK OR TERMINATE CONTRACT If (a) The Contractor shall be adjudged bankrupt or make-'an assignment for the benefit of creditors; or (b) A receiver or liquidator shall be appointed for the Contractor for any of his.property'and shall not be dismissed within 20 days after such appointment, or the proceedings in connection therewith shall not be stayed on appeal,within the said 20 days; or (c) The Contractor shall refuse'or fail, after notice or warning from the Engineer, to supply .enough properly skilled workmen or proper materials; or (d) The Contractor shall refuse or fail to prosecute -the work or any part thereof with such diligence as-will insure it's completion within the periods herein'specified-(or any duly authorized extension thereof) or shall fail to complete the work within said periods; or (e) The Contractor shall fail to make prompt payment's to persons-supplying labor or materials for the work; or '(f) The Contractor shall fail or refuse to regard laws, ordinances or the instructions of the Engineer or otherwise be guilty,of a substantial violation of any provisions-of this Contract; then and in any such event, the Owner, without prejudice to any other rights or remedy it may have, may by seven (7) days' notice to the Contractor, terminate the employment of the Contractor and his rights to proceed either as to the entire-work or(at the option of the Owner) as to-any portion thereof as to which delay shall have occurred, and may take possession of the'work and complete the work by contract or otherwise, as the Owner may deem expedient. In such case, the Contractor will not be' entitled to receive any further payment until the work is finished. If the unpaid balance of the compensation to be paid the Contractor hereunder shall exceed the expense of so completing the work(including compensation for additional managerial, administrative and inspection services and any damages for delay), such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor and his sureties shall be liable to the Owner for such excess. If the right of the Contractor to proceed with the work is so terminated, the Owner may take possession of'and utilize in completing the work, such materials, appliances, supplies, plant and equipment as may be on the site of the work andnecessary thereof. If the Owner does not so terminate the.right of the Contractor to proceed, the Contractor shall continue to work. 32. CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT If the work shall be stopped by-order of the Court or other public authority for'a period-of three (3) months without,act or fault of the Contractor or any of his agents, servants, employees or subcontractors, the Contractor may, upon -ten (10) days.' 'notice to the Owner, discontinue` his performance of the work and/or terminate the Contract; in which event,-the liability of the Owner to the Contractor shall be determined as provided in Paragraph 31. The Contractor shall not be -CC - 14 • CONDITIONS OF CONTRACT obligated to pay to the Owner any excess of the expense of completing the work over the unpaid balance of the compensation to be paid to the Contractor hereunder. 33. RESPONSIBILITY FOR WORK The Contractor agrees to be responsible for the entire work embraced in this Contract until its completion and final acceptance, and that any unfaithful or imperfect work that may become damaged from any cause either by act of commission or omission to properly guard and protect the work that may be discovered at any time before the completion and acceptance shall be removed and replaced by good and,satisfactory work without-any charge to the Owner, and that such removal and replacement will be performed immediately on the requirement of the Engineer, notwithstanding the fact that it may have been overlooked by the proper inspector, and partial payment.made thereon. It is fully understood by the Contractor that the inspection of the work shall not relieve him of any obligation to,do sound and reliable work as herein prescribed, and that any omission to disapprove any work by the Engineer at or before the time .of partial payment or other estimate shall not be construed to be acceptance of any defective work. 34. USE OF PREMISES AND REMOVAL OF DEBRIS The Contractor expressly undertakes at his own expense: (a) To store his apparatus, materials, supplies and equipment in such orderly fashion at the site of the work as will,not unduly interfere with the progress of his work or the work of any of his subcontractors; (b) To frequently clean up all refuse, rubbish, scrap materials and debris caused by the operations to the end that at all times, the site of the,work shall present a neat, orderly and workmanlike appearance; (c) Before final payment hereunder to remove all surplus material,temporary structures,,plants of any description and debris.of every nature resulting from his operations. 35. SUITS OF LAW The Contractor shall indemnify and save harmless,the Owner from and against all suits, claims, demands or actions for any injury sustained or alleged to be sustained by any party or parties in connection with the construction of the work or any,part thereof, or any commission-or omission of the contractor, his employees.or agents of any subcontractor,, and in case of any such action shall be brought against the Owner„the Contractor shall immediately take charge of and defend the same at his own cost and expense. 36., POWER OF THE CONTRACTOR TO ACT IN AN EMERGENCY In case of an emergency, which•threatens loss or,injury to property and/or safety,of life, the Contractor will be permitted to act as he sees fit without previous instructions from the Engineer. He shall notify the Engineer thereof immediately and any compensation claimed by the Contractor due to extra work made necessary because of his acts in such emergency shall be CC - 15 CONDITIONS OF CONTRACT . submitted-to the Engineer for,approval. Where the Contractor has not taken action ,but has notified the Engineer of an emergency indicating injury to persons or damage to adjoining property or to the work being accomplished under this Contract, then upon authorization from the Engineer to prevent such threatened injury or damage, he shall act as instructed by the Engineer. The amount of reimbursement claimed by the Contractor on account of any such action shall be determined in the manner provided herein for the payment of extra work. 37. PROVISIONS REQUIRED BY LAW DEEMED INSERTED Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and the•Contract-shall read and be enforced as though it were included herein, and if through mistake or otherwise, any such provision is not inserted; or is not, correctly inserted, then upon the application of either party the Contract shall be 'forthwith be physically amended to make such insertion. 38. SUBLETTING, SUCCESSORAND ASSIGNS The Contractor shall not sublet any part of the work under this Contract nor assign any money due him hereunder without first obtaining the written consent of the Owner. This Contract shall insure the benefit of and shall be binding upon the parties hereunder and-upon their respective successors and assigns, but neither party shall assign or transfer his interest herein in whole or in part without consent of the other. 39. GENERAL MUNICIPAL LAW CLAUSE Pursuant to the provisions of Section 103-a of the General Municipal Law, in the event that the Bidder or any member,_partner, director or-officer of the Bidder, should refuse, when called before a grand jury to testify concerning any transaction or contract had with the State, any political subdivision thereof, a'public authority or any public Department, agency or official of the State or of any political subdivision thereof or of a public authority, to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant question concerning such transaction or contract, such person; and any firm,partnership, or corporation of which he is a member, partner, director or officer shall be disqualified from thereafter selling to or submitting bids to or receiving awards from or entering into any contracts with any municipal corporation or any public Department, agency or official thereof for goods, work or services for a period of five (5) years after such refusal,and any and all contracts made with any municipal corporation or any public Department,'agency or official thereof on or after the first day of July, 1959, by such person, and by any firm, partnership or corporation of which he is a member, partner, director or officer may be cancelled or terminated by the municipal corporation without incurring any penalty or damages on account of such cancellation or termination, but any monies owing by the municipal corporation for goods delivered or work done prior to the cancellation or termination shall be paid. CC - 16 CONDITIONS OF.CONTRACT 40. GRADES, LINES, LEVELS AND SURVEYS The,Engineer shall furnish the Contractor with the basic horizontal and vertical controls from which the Contractor shall transfer and stake his lines and grades and for their accuracy. The Engineer will establish the basic horizontal and vertical controls at the start of the work, and it shall be the responsibility-of the Contractor to safeguard such controls; and if, in the opinion of the Engineer, these controls are damaged or destroyed either in whole or in part, the Contractor shall pay the cost of having the damaged controls verified, checked, corrected or replaced. 41. INSURANCE REQUIREMENTS The Contractor shall not commence work until the Town has approved all the insurance required under this Contract as required immediately following the Instructions to Bidders. Additionally, the Contractor shall indemnify and save harmless the Town of Southold from and against all losses and all claims, demands, payments, suits, actions, recoveries and judgments of every kind or nature, brought or recovered against the Town of Southold by reason of any act or omission of the Contractor, his agent or employees in the performance of the Contract. The Contractor shall not permit any subcontractor to commence any work under this contract until satisfactory proof of,carriage of the.required.insurance has been posted with and approved by the Town. 42. FOREIGN CONTRACTORS Foreign.Contractors must comply with the provisions of Articles 9A and 16 of the Tax Law, as amended, prior to submission of a bid for the performance of this work. The certificate of the New York State Tax Commission to the effect that-all taxes have been paid by the foreign contractor shall be conclusive proof of the payment of taxes-. The term "foreign contractor" as used in this .subdivision means in the case of an individual, a person who is a legal resident of another state or foreign country; and in the case of a foreign corporation, one organized under the laws of a state other than the State of New York. 43. LIEN LAW Attention of all persons submitting bids-,is specifically called to the provisions of Section 25, Subdivision 5, Section 25A and 25B of the Lien Law, as amended,-in relation.to funds being received by a contractor for a public improvement declared to constitute trust funds in the hands of such Contractor to be applied first to the payment'of certain claims. 44. REFUSAL TO WAIVE IMMUNITY Pursuant to the provisions of Section 103-A of the General Municipal Law, in the event that the bidder or any member,partner; director or officer of the bidder, should refuse when called before a grand jury to testify concerning any transaction or contract had with the State, any political subdivision thereof, a public authority or with any public department, agency or official of the CC - 17 CONDITIONS OF CONTRACT State or of any political subdivision thereof or of an authority, to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant question concerning such transaction or contract, such person, and any firm, partnership or corporation.of which he is a member; partner, firm director or officer shall be disqualified from thereafter selling to or submitting bids to or receiving awards from or entering into any contracts with any municipal corporation or any public department, agency, or official thereof, for,goods, work'or services, for a period of five (5) yearn after such refusal, and any and all contracts made with any municipal corporation.or,any public department, agency, or official thereof on or after the first day of July, 1959, by such person and any firm, partnership or corporation of which he is a member, partner, director or officer may be cancelled or terminated by the municipal corporation without incurring any penalty or damages on account of such cancellation or termination, but any monies owing by the municipal corporation for goods delivered or work done prior to the cancellation or termination shall be paid. 45. EXEMPTION FROM SALES AND USE TAXES .In accordance with Chapter-513 of the laws of 1974 adopted,by the New York State Legislature, amending Section 1115 (a) of the tax law, specifically paragraphs 15 and 16, political subdivisions, as described in subdivision (a)paragraph (L) of section 1116 of the tax laws, of the State of New York are exempt from:the payment of sales and use taxes imposed on tangible personal property within the limitations specified in tax law 1115 (a) (15)and(16). (15) Tangible personal property sold to a contractor, subcontractor or repairman for use in erecting a structure or building of an organization described in subdivision(a) of section 1116,,or adding to, altering or improving real property, property or land of such an organization, as the terms real property, property and land are defined in the real property-tak law; provided, however, no exemption shall exist under this paragraph unless such tangible personal property is to become an integral component part of such structure, building or real property. (16) Tangible personal property sold to a contractor or repairman for use in maintaining, servicing or repairing real property, or land of an organization described in subdivision (a) of section 1116, as the terms real property, property or land are defined in the real property tax law; provided, however, no exemption shall exist under this paragraph unless such tangible personal property is to become an integral component part of such structure, building or real property. 'Contractors entering into Contract with the.Town of Southold shall be exempt from payment of sales and use tax-as described above: Procedure's and forms are available to the Contractor direct from the Instructions and Interpretations Unit,. State of New York, Department of Taxation and Finance, State Campus, Albany,New York, 12227. CC - 18 Town of Southold "Pike Street Parking Lot Improvements" PROPOSAL PACKAGE BID OPENS: March 15, 2018 REMINDER NOTE!!!: VENDORS MUST RETURN THIS DOCUMENT INTACT AND FILLED OUT COMPLETELY! ! (Do Not Sign the Contract Agreement. It is included only for informational purposes, and will be signed by the successful bidder after award of contract.) All Iine items on the Proposal Form must be filled in! All lines must have an indication of the bidder's response whether it is a dollar figure or No Bid. Please DO NOT remove any pages from this bid package! ! ! Thank you! Proposal Package 1 of 9 BIDDER'S CHECK LIST Your response to our above referenced bid will be considered unresponsive and will be rejected if the following forms are not included at the time of the bid opening. ❑ Notarized Affidavit of Non-Collusion as required by NYS Law. ❑ A Bid Deposit in the amount of Five Percent of Bid Price as required in the Invitation.to Bid. ❑ As per specifications, the Town of Southold requires a current insurance certificate, with the Town of Southold listed as additional insured, to be on file in the Purchasing Department. You will be given ten (10) business days from notice of award to supply this form or the bid will be rescinded. ❑ Vendor Information Sheet and Address Record Form. ❑ Assumed Name Certification. ❑ Bidder's Qualification Statement. NOTE: Please do NOT sign the Contract Agreement. It is included only for informational purposes, and.will be signed by the successful bidder after award of the contract. Proposal Package 2 of 9 VENDOR NAME: VENDOR INFORMATION SHEET TYPE OF ENTITY:CORP. PARTNERSHIP INDIVIDUAL FEDERAL EMPLOYEE ID #: OR SOCIAL SECURITY #: DATE OF ORGANIZATION: IF APPLICABLE: DATE FILED: STATE FILED: If a non-publicly owned Corporation: CORPORATION NAME: LIST PRINCIPAL STOCKHOLDERS: (5% of outstanding shares) LIST OFFICERS AND DIRECTORS: NAME TITLE If a partnership: PARTNERSHIP NAME: LIST PARTNERS NAMES: Proposal Package 3 of 9 ADDRESS RECORD FORM MAIL BID TO: VENDOR NAME: ADDRESS: CONTACT: TELEPHONE: FAX: E-MAIL: ONLY if different - MAIL PURCHASE ORDER TO: ADDRESS: TELEPHONE: FAX: CONTACT: E-MAIL: ONLY if different - MAIL PAYMENT TO: ADDRESS: TELEPHONE: FAX: CONTACT: E-MAIL: Proposal Package 4 of 9 VENDOR NAME: ASSUMED NAME CERTIFICATION *If the business is conducted under an assumed name, a copy of the certificate required to be filed under the New York general business law must be attached. ASSUMED NAME: If the bidder is an individual, the bid must be signed by that individual; if the bidder is a , corporation, by an officer of the corporation, or other person authorized by resolution.of the board of directors, and in such case a copy of the resolution must be attached; if a partnership, by one of the partners or other person authorized by a writing signed by at least one general partner and submitted with the bid or previously filed with the Purchasing Agent. The submission of this constitutes a certification that no Town Officer has any interest therein. (Note: In the event that any Town Officer has any such interest, the full nature thereof should be disclosed below. It is not forbidden that individuals working for the Town of Southold or other municipality bid on contracts only that such interest be revealed when they do bid.) INSURANCE STATEMENT Bidder agrees as follows -please mark appropriate box: Insurance Certificate as requested is attached I certify that I can supply insurance as specified if awarded the bid ❑ Insurance Certificate filed on DATE FAILURE TO PROVIDE SPECIFIED INSURANCE SHALL DISQUALIFY BIDDER. AUTHORIZED SIGNATURE Proposal Package 5 of 9 AFFIDAVIT OF NON-COLLUSION I hereby attest that I am the person responsible within my firm for the final decision as to the prices(s) and amount of this bid or, if not,.that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or-her behalf and on behalf of my firm. o I further attest that: 1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose of restricting competition with any other contractor, bidder or potential bidder. 2. Neither the price(s), nor the amount of this bid, have been disclosed to any other firm or person who is a bidder or potential bidder on this project, and will not be so disclosed prior to bid opening. 3. No attempt has been made or will be made to solicit, cause or induce any firm or person to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non-competitive bid or other form of complementary bid. 4. The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from any firm or person to submit a complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase of materials or services from any other firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by an firm or person to refrain from bidding or to submit a complementary bid on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been.promised or paid cash or anything of value by any firm or person, whether in connection with this or any project, in consideration for my firm's submitting a complementary bid, or agreeing to do so, on this project. 7. I have made a diligent inquiry of,all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in this affidavit. The person signing this bid, under the penalties of perjury, affirms the truth thereof. SWORN TO BEFORE ME THIS Signature&Company Position DAY OF 20 Type Name&Company Position Company Name NOTARY PUBLIC Date Signed _ Federal 1 D Number Proposal Package 6 of 9 THE PROPOSAL FORM Pike Street Parking Lot Improvements VENDOR NAME: VENDOR ADDRESS: TELEPHONE NUMBER: FAX: The undersigned bidder has carefully examined the Contract 'Documents and will provide all necessary labor, materials, equipment and incidentals as necessary and called for in the said Contract Documents in the manner prescribed therein and in said Contract, and in accordance with the requirements of the Engineer, at the prices listed on the attached Bid Proposal Form. If the bidder is an individual, the bid must ,be signed by that individual; if the bidder is a corporation, the bid must be signed by an,officer of the corporation, or other person authorized by resolution of the board of directors, and in such case a copy of the resolution must be attached; if a partnership, by one of the partners or other person authorized by a writing signed by at least one general partner and submitted with the bid documents. The submission of this constitutes a certification that no Town Officer has any interest therein. (Note: In the event that any Town Officer has any such interest, the full nature thereof should be disclosed below. It is not forbidden that individuals working for the Town of Southold or other municipalities bid on contracts, but only that such interest be revealed-when they do bid.) The undersigned hereby acknowledges receipt of the following Addenda (if none were issued please write N/A below): Addendum No. Dated Proposal Package 7 of 9 Pike Street Parking Lot Improvements Itemized Proposal for: Town of Southold ITEM NO ESTIMATED DESCRIPTION OF ITEM UNIT BID PRICE EXTENDED AMOUNT BID QUANTITY (Fill in Unit Price Written in Words) • DOLLARS CENTS DOLLARS CENTS Demolish Existing Concrete Sidewalks 1 1 for /LS Dollars Cents Raise Existing Castings to Finished Grade 2 6 for /EA Dollars Cents Install Concrete Curbing 3 512 LF for /LF Dollars Cents Install Concrete Aprons 4 200 SF for /SF Dollars Cents Install Concrete Sidewalks 5 1,050 SF for /SF Dollars Cents Install Concrete Islands 6 120 SF for /SF Dollars Cents TOTAL BASE BID Items(Add All Items) Dollars Cents (Numerically) WRITTEN IN WORDS NOTE: The Town of Southold reserves the right to increase,decrease,or eliminate in its entirety any or all items prior to or after award of the bid. Proposal Package 8 of 9 AUTHORIZED SIGNATURE PRINT NAME TITLE DATE ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF ) ss.: On the' day of in the year 2018 before me, the undersigned, personally appeared, , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. NOTARY PUBLIC Proposal Package 9 of 9 CONTRACT AGREEMENT THIS AGREEMENT made this day of Two Thousand and Eighteen by and between the Town of Southold, party of the first part (hereinafter called the Owner), and , 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: 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 associated with the Pike Street Parking Lot Improvements.• AS DESCRIBED IN THE Contract Documents- made and prepared by- the Town of Southold, and as set forth in the Contractor's Bid dated , and in strict and entire conformity and in accordance with the Notice to Bidders, Instructions to Bidders, Proposal Form (Bid), Per-€e Ee Bond, Conditions of Contract, General Conditions, Detailed Specifications, Contract Drawings, Addenda, and this Agreement, hereto annexed and made a part hereof, and hereinafter collectively referred to as "Contract•Documents". SECOND: In Consideration of the Contractor performing this Contract in the manner herein stated and as stated in the Contract Documents, the Owner promises and agrees to pay or cause to be paid to the Contractor the sums of money mentioned in said Contract Documents in the manner and under the conditions therein provided. THIRD: The Contractor covenants and agrees that, anything in this Contract or in the Contract Documents-to be contrary notwithstanding, or regardless of any matter, thing, contingency of condition unforeseen or otherwise, present or future, the Contractor shall not be entitled to receive any additional or further sums of money than the amounts in said Contract Documents provided; and the failure of the Owner or its agents to insist upon strict performance of any of the terms, covenants, agreements, provisions or conditions in this Agreement or in the Contract Documents, on any one or more instances, shall not be construed as a waiver or relinquishment for the future of any such terms, covenants, agreements, provisions and conditions and the same shall be and remain in full force and effect with power and authority on the part of the Owner to enforce the same or cause the same to be enforced at any time, without prejudice to any other rights which the Owner may have against the Contactor under this Agreement or the Contract Documents. A-1 Terms used in the Agreement which are defined in Article 1 of the General Conditions shall have the meanings indicated in the General Conditions. Neither Owner nor Contractor shall, without the prior written consent of the other, assign or sublet, in whole or part his interest under any of the Contact Documents; and, specifically, Contractor shall not assign any monies due or to become due without the prior written consent of the Owner. Owner and Contractor each binds himself, his partners, successors, as and legal representatives of the other party hereto in respect to all covenants, agreements_ and obligations contained in the Contract Documents. The Contract Documents constitute the entire agreement between Owner and Contractor and may only be altered, amended or repealed by a duly executed written instrument signed by both parties. IN WITNESS WHEREOF, the-parties hereto have executed this Agreement the day'and year first above written. Total Bid ' Dollars - Written in Words Written in Figures, TOWN OF SOUTHOLD CONTRACTOR BY " BY Scott A. Russell, Supervisor TITLE BY Town Attorney (CORPORATE SEAL) A-2 Town of Southold BIDDER'S QUALIFICATION STATEMENT The signatory of this questionnaire certifies under oath the truth and correctness of all statements and of all answers to interrogatories hereinafter made. SUBMITTED BY: A Corporation A Partnership or Entity FIRM NAME: An Individual PRINCIPAL OFFICE. PRINCIPAL OFFICERS: BACKGROUND TITLE NAME ADDRESS PROFESSION/TRADE 1. How,many years has your organization been in business under its.present business name? 2. You normally perform what percent of the work with your own forces? % List trades that you organization normally performs below: 3. Have you ever failed to complete any work awarded-to you? . If so, note where and why 4. Are there any claims,judgments, arbitration proceedings or suits pending or outstanding against your firm or its officers?If yes, please provide details. QS-1 5. Has your firm requested arbitration'or filed any lawsuits with regard to construction contracts within the last:five years? If yes, please provide details. 6. List the major construction projects'your organization has underway at this date: Name of- Engineer/ Project Owner Architect Contract Percent Scheduled Name Telephone# Telephone# Amount Complete Completion 7. List five.major projects you organization has completed in the,past five years: Name of: Engineer/ Work Done Project Owner Architect Contract Date of With Own Forces Name Telephone# Telephone# Amount Completion % of Work QS-2 8., List the construction experience of the principal individuals-of your organization (particularly the anticipated project supervisors): Present Type of Work Position Years of For Which In What Individual's Name Of Office Experience Responsible Capacity 9. Do you have, or can you obtain, sufficient labor and equipment to commence work when required and-complete the work within the Contract Time? 10. Bank References: 11. Trade Association Membership: 12. Has your firm ever been investigated by the New York State Department of Labor for prevailing wage rate violations? If yes, when? What was the outcome of the investigation? QS-3 J 13. Attach current state of financial conditions showing assets, liabilities and net worth. Failure to attach the required documentation may be considered non-responsive on the part of the Bidder and may result in rejection of the Bidder's Proposal. STATE OF ) COUNTY OF ) being duly sworn deposes and says that he is the of contractor-and that answers to the foregoing questions and all statements therein contained are true and correct. (Signature of person who signed bid) Sworn to before me this day of ,2018 Notary Public Commission Expiration Date: QS-4 ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF ) ss.: On the day of in the year 2018 before me, the undersigned, personally appeared, , personally known to me or proved to me on the basis of satisfactory evidence to be the,individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the'instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. NOTARY PUBLIC STATE OF NEW YORK,-COUNTY OF )ss.: On the' day of in the year 2018_ before me, the undersigned, personally appeared, , personally known to me or proved to me on the basis of satisfactory evidence to be.the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. NOTARY PUBLIC A-3 THE PREVAILING WAGE CASE NUMBER ISSUED BY THE NEW YORK STATE DEPARTMENT OF LABOR FOR THIS PROJECT CAN BE FOUND ON THE NEXT PAGE. A CURRENT PREVAILING WAGE SCHEDULE - FOR THIS PROJECT CAN BE OBTAINED DIRECTLY FROM THE DEPARTMENT OF LABOR WEBSITE @ www.labor.state.ny.us. • �P��OF NEN,yo� t7 � LTA �O Andrew M Cuomo,Governor y,�T �yQ Roberta Reardon,Commissioner �EIV'f O Town of Southold Schedule Year 2017 through 2018 Michael Collins,Town Engineer Date Requested 02/12/2018 Town of Southold PRC# 2018001608 53095 Main Road Southold NY 11971 Location Pike Street Parking Lot Project ID# Project Type Demolition and replacement of existing sidewalks and curbing to meet ADA requirements. Paving and striping improvements to parking lot. PREVAILING WAGE SCHEDULE FOR ARTICLE 8 PUBLIC WORK PROJECT Attached is the current schedule(s) of the prevailing wage rates and prevailing hourly supplements for the project referenced above. A unique Prevailing Wage Case Number (PRC#) has been assigned to the schedule(s) for your project. The schedule is effective from July 2017 through June 2018. All updates, corrections, posted on the 1st business day of each month, and future copies of the annual determination are available on the Department's website www.labor.state.ny.us. Updated PDF copies of your schedule can be accessed by entering your assigned PRC# at the proper location on the website. It is the responsibility of the contracting agency or its agent to annex and make part, the attached schedule, to the specifications for this project, when it is advertised for bids and /or to forward said schedules to the successful bidder(s), immediately upon receipt, in order to insure the proper payment of wages. Please refer to'the "General Provisions of Laws Covering Workers on Public Work Contracts" provided with this schedule, for the specific details relating to other responsibilities of the Department of Jurisdiction. Upon completion or cancellation of this project, enter the required information and mail OR fax this form to the office shown at the bottom of this notice, OR fill out the electronic version via the NYSDOL website NOTICE OF COMPLETION / CANCELLATION OF PROJECT Date Completed Date Cancelled: Name&Title of Representative Phone (518)457-5589 Fax: (518)485-1870 W Averell Harriman State Office Campus, Bldg 12, Room 130,Albany, NY 12240 www.labor state.ny us. PW 200 PWAsk@labor state ny us DIVISION.I- GENERAL REQUIREMENTS TOWN OF SOUTHOLD PIKE STREET PARKING LOT IMPROVEMENTS GENERAL The work under this Division shall be subject to the requirements of the CONDITIONS OF CONTRACT, GENERAL CONDITIONS, SUPPLEMENTARY GENERAL CONDITIONS, DRAWINGS, SCHEDULES,ADDENDA and other Contract documents. Refer to the Drawings and Specifications of other trades and Contractors for items which might affect the work under this Division. TABLE OF CONTENTS—DIVISION NO. I GENERAL REQUIREMENTS Included in this Division are the following sections: 01010 General 01025 Measurement and Payment 01500 Construction Facilities &Temporary Controls 01501 Health& Safety Provisions 01502 Environmental,Protection DIVISION 1 - Page .1 of 13 DIVISION 1 - GENERAL REQUIREMENTS SECTION 01010 - GENERAL. SITE The site of the proposed general construction for the PIKE STREET PARKING LOT IMPROVEMENTS is located at. 630 Pike Street in Mattituck, Town of Southold, Suffolk County,New York.and more particularly shown on the Contract Plans. BACKGROUND The existing Pike Street Parking Lot is to be improved with new concrete curbing, sidewalks, islands and aprons as specified in the contract documents. The new sidewalks shall be ADA compliant in all respects'and the'contractor shall notify the Town of any conflicts prior to the beginning of any work. The Contractor will also be responsible for raising six (6) existing at- grade cast iron grates/covers to final grade as directed by the Engineer. Disturbed areas of the Pike Street Parking Lot will be restored with 6" of compacted NYS Specification Recycled Concrete Aggregate. Final paving and striping of the Pike Street Parking Lot will be the responsibility of the Town,not the Contractor. SCOPE A. The work to be performed under this Contract shall include all labor, materials, equipment, services and incidentals required to perform the proposed construction as indicated in the Specifications, shown on the Contract Plans and/or as approved by the Engineer. B. In general,the work shall include but not be limited to the following: • Environmental protection of all existing site conditions and utilities • Saw-cutting and removal of existing asphalt and concrete as needed or required • Installation of new poured concrete curbs, islands and aprons • Installation of new poured concrete ADA compliant sidewalks • Proper disposal of all waste and excess materials generated by the project C. Without restricting the generality of the foregoing and for the convenience of each Contractor, the items of work are specified under the Standard 16 Uniform Divisions of the Construction Specifications Institute as follows: 1 General Requirements 2 Site Work 3 Concrete SHOP DRAWINGS The Contractor shall make or provide any shop drawings, cuts or samples which the Engineer may require for the approval of details and to show the construction as it will be installed. No DIVISION 1 -Page 2 of 13 4 DIVISION I - GENERAL-REQUIREMENTS shop drawing shall be issued or used until it has been approved by the Engineer or his representative. After approval, no changes or deviations shall be made without written notice being sent to the Engineer. The Engineer's approval shall not relieve the -Contractor from responsibility for deviations from the Plans or Specifications unless he has, in writing, called the Engineer's attention to such deviations at the time of submission, nor shall it relieve him from responsibility for errors or omissions of any sort in the Shop Drawing or schedule. The Contractor shall submit six (6) copies of each requested item to the Engineer for approval. SUPERINTENDENCE AND WORKMEN The Contractor shall give his constant personal attention to the work while it is in progress, and he shall place it in charge of a competent and reliable superintendent, who shall have authority to act for the Contractor, and who shall be acceptable to the Engineer. The Contractor shall, at all times, employ labor and equipment which shall be sufficient to prosecute the work to full completion in the manner and time specified. All workmen•must have sufficient skill and experience in such work to properly and satisfactorily perform it and operate, the equipment involved. Any person employed by the Contractor whom the Engineer may deem incompetent or unfit to perform the work, shall be at once discharged and shall not be again employed. INSPECTION All proposed work under this Contract shall be performed during and with Engineer's approval. The Contractor is advised to inspect carefully the full premises and consult with the Engineer regarding any items of construction or reconstruction that may be questionable. MAINTENANCE.AND PROTECTION OF TRAFFIC The Contractor shall so conduct his operations as to interfere to the least extent practicable with the passage of vehicles, pedestrians and all other kinds of public traffic; and he must take every precaution against accidents happening to said vehicles, pedestrians and other traffic because of his operations. The Contractor shall enforce regulations and restrictions as may be necessary or required for the protection offire, accidents, property•damage and public nuisance. He shall provide and maintain such toilet facilities at or adjacent to the site as may be required. The Contractor shall erect and maintain such signs, channel and obstruction markers and barricades as may be required for the protection of traffic. The Contractor shall not deposit or store any equipment or materials within the Site Area except with written permission from the Engineer. MAINTENANCE AND PROTECTION OF UTILITIES A. The Contractor shall familiarize himself with the•existence of structures of municipal and other public service corporations on or adjoining the site of the work and give reasonable opportunity-to and cooperation with the owners of these utilities in, the work of reconstructing or altering them. Such reconstruction and alteration shall be so conducted as to delay or interfere as little as.practicable with the work,of the Contractor. Any additional cost of various items of work because of these utilities shall be included-in the price bid for these items. , DIVISION 1 - Page 3,of 13 DIVISION 1 —GENERAL REQUIREMENTS B. The Engineer shall direct the public utility corporations to shift or remove those utility structures that may be necessary to permit the Contractor to carry out the work in accordance with the Plans. The Contractor shall not remove or cause to be removed, any structure owned by a public utility corporation without the approval of the Engineer. C. The Contractor shall cooperate-with the public utility corporation whose structures (aerial, surface or subsurface) are within the limits of or along the outside of the right- of- way,to make it possible for them to maintain uninterrupted service. The Contractor shall conduct his operations in such a way as to delay or interfere as little as practicable with the work of the utility corporation. GRADES,LINES,LEVELS AND SURVEYS Upon completion of the demolition and'removal work under the Contract, the Contractor shall restore all disturbed areas of the parking lot as per the Contract Plans and Specifications. LABOR,LAWS AND WORKMANSHIP- A. All Contractors and Subcontractors employed upon the work shall and will be required to conform to the Labors Laws of the State of New York, the Occupation Safety and Health Act of the various acts amendatory and supplementary thereto; and to all other laws, ordinances and legal requirements applicable thereto. B. All labor shall be performed in the best and most workmanlike manner by mechanics skilled in their respective trades. The standards of the work required throughout shall be of such grade as will bring results of the first class only. QUALIFICATIONS All bidders must have been established in the type of construction they are submitting a bid for as specified in the Contract Documents for a period of at least five (5)years. On request, bidders must furnish a list of a minimum of five (5) projects of similar type construction that was built by them-in the Nassau- Suffolk area. List must contain name, address and telephone number of client's engineer for which each project was undertaken by Contract. A minimum of ,five (5) of the projects must have been built for municipal clients. APPROVAL OF SUBCONTRACTORS, A. No Subcontractors shall be employed on the work unless prior approval has been given by the Engineer. .The Contract shall, within five (5) days after signing of the Contract, submit a list of proposed Subcontractors to the Engineer for approval-. The list shall contain firm names, names of all principals and addresses and projects completed by each Subcontractor and names, addresses and telephone numbers of the particular project's Engineer for which the Subcontractor on 'the aforementioned project list must have been of similar nature. A minimum of five (5) projects for each proposed DIVISION 1 -Page 4 of 13 DIVISION 1 - GENERAL REQUIREMENTS Subcontractor must be submitted. B. If for any reason a Subcontractor must be discharged from work, the Contractor shall notify the Engineer at least 24 hours prior to discharge, stating the reasons, and shall provide the Engineer with the name and qualifications of the replacement Subcontractor for approval by the Engineer. This action is deemed necessary to maintain continuity of the work and to minimize project_disruptions. All costs due to slowdown of the project for such reasons shall be borne by.the Contractor. STANDARD SPECIFICATIONS Where reference is made in these Specifications to a society, the portion referred to shall be read into and shall be a part of this Contract and Specifications. Materials, methods and equipment shall conform to the latest A.S.T.M., A.W.P.A., A.S.A.,N.E.C., I.E.S., etc. specifications as may relate to or govern the construction work. 'CONTRACT PLANS The Contract Plans which accompany and form part of these Specifications, bears the title: PROPOSED RECONSTRUCTION PIKE STREET PARKING and is labeled as Sheet A-1. CLEAN-UP The Contractor shall at all times keep the construction area, including storage areas used by him, free from accumulation'of waste material and rubbish and prior to completion of the work, remove any rubbish from and about the premises. Upon completion of the construction, the Contractor shall leave the work premises in a clean, neat and workmanlike condition satisfactory to the Engineer. GUARANTEES A. Before issuance of-the final certificate, the Contractor shall deliver to the Owner the following guarantees in addition to those specifically required in the General Conditions and in the various technical sections. B. The Contractor hereby guarantees that all materials and workmanship installed under his respective contract-to be new and of good quality in every respect and to remain so for a period of one (1) year or for longer periods where so provided for in.the Specifications, from the date of issuance of the Final Certificate by the Engineer. C. Should any defects develop in the aforesaid work within the stipulated periods due to faults in materials and/or workmanship,-the Contractor hereby agrees to make all repairs and do all necessary work to correct the defective parts. Such repairs and corrective work, including the cost of making good all other work damaged 'by or .otherwise affected by making of the repairs or corrective work shall be done without any cost or expense to the owner, and at the entire cost and expense of the Contractor, within five (5) DIVISION 1 -Page 5 of 13 DIVISION 1 - GENERAL REQUIREMENTS days after notice to the Contractor. The owner may have the work done and charge the cost thereof to the Contractor and/or his Sureties who agree to pay the owner the cost of such work if the Contractor fails to respond as required. PAYMENTS Payment(s) made under-this Contract will be made on the basis of actual-work completed in accordance with the Contract Documents.- Payments will be computed from the-unit and lump sum bid. Payment will only be made for the items shown in the Proposal Form. END OF SECTION 01010 - GENERAL DIVISION 1 = Page 6.of 13 DIVISION 1 - GENERAL REQUIREMENTS SECTION 01025-MEASUREMENT AND PAYMENTS DESCRIPTION The Contractor shall furnish all labor, materials, tools, equipment, appurtenances and all services necessary to perform all Work as required by the plans and specifications or as required by the Engineer, at the lump-sum of unit prices for the items fisted herein. Upon the completion and acceptance of the work specified and contracted for, the Owner will pay the full amount, less any money paid by the.owner by reason of said contractor having failed to carry out faithfully and completely all the obligations and requirements herein contained. Upon final settlement, according to the conditions herein specified and not until such settlement shall -have been made, will the Contractor be relieved from the obligations assumed in the Contract. END OF SECTION 01025—MEASUREMENT AND PAYMENTS DIVISION 1 - Page Tof 13 DIVISION I - GENERAL REQUIREMENTS SECTION 01500-CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS SCOPE Work shall include but not be limited to the following: A. Temporary Utilities - Electricity, lighting, heat, ventilation, +olophA o (i„,.1 a l f E fnaehifie`, water and sanitary facilities. B. Temporary Controls - Barriers, enclosures and fencing, protection of the Work, and water control. C. Construction Facilities - Access roads, parking, progress cleaning, project signage, and temporary buildings. IEC JCIT-Y power-far-eenstrdetien to an established poi to the eonstfuetien area. The temper-ar-y shall be installed within 3 0 days of t-he -:411AV-ar-d Of the eentr-aet. The Eleetr-ieal GePAFaetef TEMPORARY WATER SERVICE f4vall LlVJ, ilav rl VLvvLaVil and 1V1 Vle V B. Potable water shall be furnished for construction personnel by portable containers. C. Watef ser-viee shall be pr-eteeted from ffeezing, and the sen,iee shall be extended and _r-eleeated . 11�et ate ��--�-- --..����� W� t•VL L�11111V1i1r . D. The Gentfaeter- shall install a meter- and pay for- all expenses asseeiated with temper-af:y water- ser-yieP-dufing the eeur-se of the'work, inel{}ding fth-nishing all flee ts and,d fees required fee-temper-afy.at., E. Comply Y , with eedes-Zur�ge-for- allrrJpccti6rca�ax� app .^ s. I , F. T Tann Plebe++. e f 11 1 the ( „t.-.,ete- shall di. * ,1refneve 11 r � vi,/vaL vvalalJlV li Via Vi -Ail vv V1 R,1.i1Li TEMPORARY SANITARY FACILITIES A. The General Contractor shall provide at the site suitable enclosed toilet facilities for the DIVISION l - Page 8 of 13 a DIVISION,I - GENERAL REQUIREMENTS use of construction personnel. The Contractor shall observe and enforce all sanitary regulations and maintain satisfactory sanitary conditions around and on-all parts of the work. B. Adequate washing facility shall be provided for the construction personnel. C. The Contractor shall maintain, service, clean, and disinfect facilities in a satisfactory manner and enforce proper use of the sanitary facilities. D. The Contractor shall be subject to a fine and prosecution if any human excrement is deposited in or around the construction site. E. The Contractor shall pay for all expenses associated with temporary sanitary facilities during the course of the work, including furnishing all necessary permits and fees required for temporary sanitary facilities. F. Comply with all applicable codes ,and arrange for all necessary inspections and approvals. FIRST-AID FACILITIES AND ACCIDENTS A. The Contractor shall provide, at-the site, such equipment and facilities as are necessary to supply first-aid to any of his personnel who may be injured in connection with the work. B. Accident 1. The Contractor shall promptly report in writing to the Engineer all accidents and whatsoever arising out of, or in connection with, the performance of the work, whether on or adjacent to the site, which cause death, personal injury or property damage, giving full details and statements of witness. 2. If death or serious injuries or serious damages are caused, the accident shall be reported immediately by telephone or messenger to both the Owner and the Engineer. 3. If any claim is made by anyone against the Contractor or a Subcontractor on account of any accidents, the Contractor shall promptly report the facts in writing to the Engineer, giving full details of the claim. WATER CONTROL A. Grade site to drain. Maintain excavations free of water. Provide, operate and maintain pumping equipment. B. Protect site from puddling or running water. Provide water barriers as required to protect site from soil erosion. DIVISION 1 - Page 9 of 13 DIVISION 1 - GENERAL REQUIREMENTS C. Provide temporary control of surface water, stormwater runoff and discharge from pumping in accordance with Contractor's approved soil erosion and sediment control plan. SECURITY A. Provide security and facilities to protect work, and existing facilities, and Owner's operations from unauthorized entry, vandalism or theft. B. Coordinate with Owner. C. Furnish security during the course of the work. ACCESS ROAD A. Maintain roads accessing construction area-as shown orithe Construction Plans. B. Extend and relocate as work progress requires. Provide detours necessary for unimpeded traffic flow. C. Provide and maintain access to fire hydrants, free of obstructions. D. Provide means of removing mud from vehicle wheels before entering public and private streets. Clean all mud and debris from construction traffic at no additional expense to the Owner. Comply with all State and Local regulations. E. Designated existing on-site roads may be used for construction traffic, as directed by the Owner and Engineer. Damage to existing site roads as a result of this Contract will be the responsibility of the Contractor. PARKING A. The Contractor's personnel shall not park on the main road or adjacent private side streets. B. When space is not adequate,provide additional off-site parking. C. Do not allow vehicle parking on existing pavement. PROGRESS CLEANING A. Maintain areas free of waste materials, debris and rubbish. Maintain site in a clean and orderly condition. B. _ Remove waste materials, debris and rubbish from site and dispose weekly in areas as DIVISION 1 - Page 10 of 13 DIVISION'1 - GENERAL REQUIREMENTS designated by the Owner. REMOVAL OF UTILITIES, FACILITIES AND CONTROLS A. ,Remove temporary, above grade or buried utilities, equipment, facilities, materials, prior 'to Final Applications for Payment Inspections. B. Clean and repair damage caused by installation or use_of temporary work.. C. Restore existing facilities used during construction to original condition. Restore permanent facilities used-during,construction to,specified conditions. END OF SECTION 01500—CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS I; DIVISION 1 - Page 11.-of 13 I� DIVISION 1 - GENERAL REQUIREMENTS SECTION 01501 —HEALTH AND SAFETY PROVISIONS REQUIREMENTS A. The Contractor shall be responsible to maintain a safe workplace and to monitor working conditions at all times during construction and, as necessary, to provide appropriate protective clothing, equipment and facilities for his personnel, and/or to establish work place procedures to ensure their safety, and to enforce the use of these procedures, equipment and/or facilities in accordance wit the following guidelines: 1. Safety and Health Regulations Promulgated by the U.S. Department of Labor OSHA, 29 CFR 1910 — Occupational Safety and Health Standards, and 29 CFR 1920— Safety and Health Regulations for Construction. 2. U.S. Environmental Protection Agency Medical Monitoring Program Guidelines. B. If, at any time, the Owner or the Engineer is apprised of a safety hazard which demands immediate attention because of its high potential for harm to public travel, persons on or about the work, or public or private property, the owner of the Engineer shall have the right to order such safeguards to be erected and such precautions to be taken as necessary and the Contractor shall comply with such orders. If, under such circumstances, the Contractor does not or cannot or his representative is not upon the site so that he'can be notified immediately of the insufficiency of safety precautions, the Owner may put the work into such a condition that it shall be, in his opinion, in all respects safety, and the Contractor shall pay all expenses of such labor and materials as may have been used for this purpose by him or by the Owner. The fact that the Owner or the Engineer does not observe a safety hazard or does not order the Contractor to take remedial measure's shall in no way relieve the Contractor of the entire responsibility for any costs or claims for loss, damage, or injury by or against any part sustained on account of the insufficiency of the safety precautions taken by him or by the Owner acting under authority of this Section. C. It is the responsibility of the Contractor to take appropriate safety precautions to meet whatever conditions of hazard may be present during the performance of the work, whether reasonably foreseeable or not. The Contractor is alerted to the fact that it shall be his sole responsibility to anticipate and provide such additional safety precautions, facilities, personnel and equipment as shall be necessary to protect life and property from whatsoever conditions of hazard are present or may be present. END OF SECTION 01501 —HEALTH AND SAFETY PROVISIONS DIVISION•1 ---Page 12 of 13 DIVISION 1 - GENERAL REQUIREMENTS SECTION 01502—ENVIRONMENTAL PROTECTION WORK INCLUDED A. The Contractor shall furnish all labor, equipment and materials required for environmental protection during and as the. result of construction operations under this Contract except for those measures set forth in other provisions of the Contract Plans_and Specifications. Environmental protection requires consideration of air, water and land, and involves noise and solid waste management as well as other pollutants. RELATED SECTIONS A. Section 01500—Construction Facilities and Temporary Controls APPLICABLE REGULATIONS A. In order to prevent environmental pollution and to provide,for environmental protection arising from construction activities related to the performance of this Contract, the Contractor and his subcontractors shall comply with all applicable Federal, State and local laws and regulations concerning environmental protection, as well as the specific requirements stated in this Section and elsewhere in the Contract Specifications. END OF SECTION 01502—ENVIRONMENTAL PROTECTION DIVISION 1 - Page 13 of 13 DIVISION 2 - SITE WORK GENERAL The work under this Division shall be subject to the requirements of the GENERAL CONDITIONS, CONDITIONS OF CONTRACT, DRAWINGS, PLANS, ADDENDA and other Contract documents. Refer to the Contract Drawings and Specifications of other trades and Contractors for items, which might affect the work under this Division. TABLE OF CONTENTS -DIVISION 02000- SITE WORK Included in this Division are the following sections: 02050 - Site Demolition 02200 - Site Preparation !i DIVISION 2 - 1 of 4 DIVISION 2 - SITE WORK • SECTION 02050—SITE DEMOLITION & REMOVAL DESCRIPTION Under this Section, the Contractor shall supply all labor, materials, equipment and incidentals necessary to complete the Demolition work and Debris removal as specified herein, shown on the Contract Drawings and/or as directed by the Engineer. SCOPE In general, the work to be done shall include but not be limited to the following: A. Demolition, as referred to in this section, includes all labor, material and equipment necessary to properly remove and dispose of all materials associated with-removal`of the existing asphalt and concrete associated with the project. B. All waste materials generated from the site demolition shall be disposed of at a permitted facility. Off-site disposal for all demolished material and debris shall be at a facility , approved by the New York State Department of Environmental Conservation. All disposal fees, permits, and incidentals associated with transportation and disposal shall be borne by the Contractor. C. Any non-waste materials and/or equipment removed during demolition shall be considered for re-use, salvage or re-sale by the Contractor. D. Site demolition shall be limited to the area shown on the Contract Plans. Any areas adjacent to this area that are affected by site demolition shall be restored by the Contractor at no additional cost to the Owner. E. Site demolition shall be conducted in a manner that protects the underlying soils and surrounding areas. The Contractor shall furnish all materials required to protect the surrounding environment while removing BASIS OF PAYMENT Payment for the above items shall be included in the lump sum price bid for each item'of the overall project. END OF SECTION- SECTION 02050—SITE DEMOLITION & REMOVAL DIVISION 2 - 2 of 4 • DIVISION 2 -SITE WORK SECTION 02200 - SITE PREPARATION QUALITY ASSURANCE A. The Contractor shall, at their own expense, secure utility markouts and give all legal notices that may be required in connection with the work, including the notification of owners of existing subsurface gas and other utility lines. INSPECTION A. The Contractor shall visit and thoroughly familiarize them with the site and with the scope of work to be done. B. When the Contractor submits their proposal, it shall be interpreted to mean that he has examined the site, fully understands the existing and proposed conditions and has made due allowances for them in their proposal. PREPARATION A. Notification of utility companies shall be in accordance with Industrial Code Rule#53 of Title 12, of the Official Compilation of Codes, Rules, and Regulations of the State of New York. B. Notify all utility companies, prior to start of work and ascertain location of all existing utilities. C. Exercise extreme caution in the.area of existing utilities so as not to cause damage or breakage. D. The Contractor shall verify all elevatioris-and satisfy themselves as to their correctness by visiting the site of the proposed work and examining the actual condition prior to the beginning of the work. ADJUST AND CLEAN A. The Contractor shall clean up and remove from the site all rubbish and surplus material as fast as it accumulates and shall not permit it to be scattered about the project site. PROTECTION OF EXISTING VEGETATION A. Top soil cover over root systems of existing trees and shrubs shall be minimized and never exceed 6 inches in depth. B. Trenching across tree root systems should be a minimum distance to the tree diameter in inches, converted to feet, from the tree trunk. (e.g. 10-inch caliper tree shall have a minimum of 10 feet distance between trunk and trench.) Tunnels under the root system should start 18 inches or deeper below existing grade. Tree roots, which must be DIVISION 2 - 3 of 4 DIVISION 2 - SITE WORK severed, should be cut clean. Backfill material around roots shall be'topsoil. C. Construct sturdy fences, wood or steel barriers, or other protective devices surrounding valuable vegetation from construction equipment. Place barriers far enough from-tree so thatall equipment, such as backhoes and dump trucks do not contact tree trunk or branches. D. Trees shall be protected from grade to the lowest branch or 8' above grade, whichever is lowest. E. Material shall only be stockpiled in locations approved by the engineer. No equipment shall be parked or repaired, and no oil, gasoline, concrete or other debris shall be dumped near trees and shrubs to remain. At the end of each workday, all debris shall be removed and disposed of off--site. F. Obstructive and broken branches should be pruned properly. The 3 cut method should be used on all branches larger than two inches at the cut. The .branch collar,on all branches whether living or dead should not be damaged. First cut the underside of the branch partly through 6 inches or more from tree. Cut through the branch 2 inches or further out from trunk. The final cut should be made by placing the shears or saw in front of the branch bark ridge and cutting downward and slightly outward. Do not paint the wounds. G. Any trees damaged during construction shall be repaired by an approved tree surgeon. Any tree erroneously removed or damaged beyond satisfactory repair shall be replaced with the same species, 6 inches in caliper, which shall be balled, burlapped and platformed and planted-at the direction of the Engineer. H. Where cuts expose or affect root systems of trees, the exposed roots shall be cut off cleanly and such areas shall be backfilled with topsoil as soon as practicable and shall be watered and protected from further damage. END OF SECTION - SECTION 02200 -SITE PREPARATION DIVISION 2 - 4 of 4 DIVISION 3 - CONCRETE GENERAL The work under this Division shall be subject to the requirements of the CONDITIONS OF CONTRACT, GENERAL CONDITIONS, SUPPLEMENTARY GENERAL CONDITIONS, DRAWINGS, SCHEDULES, ADDENDA, and other Contract documents. Refer to the Drawings and Specifications of other trades and contractors for items which might affect the work under this Division. TABLE OF CONTENTS -DIVISION NO. 3 - CONCRETE . Included in this Division are the following sections: 03100 Concrete Form Work 03200 Concrete Reinforcement 03300 Cast-In-Place Concrete I; DIVISION 3 —Page I,of 8 DIVISION 3 - CONCRETE SECTION'03100 - CONCRETE FORM WORK SCOPE A. The work under this heading shall'consist of furnishing all labor, materials, equipment and appliances necessary or required to perform and complete all concrete form work, including but not limited to the following: 1. Forms and centering. 2. All forms required for the work in this Section. 3. Setting and building of all anchors, insert's, hangers, supports, ties, framesbolts, sockets, sleeves, lintels, etc., required to be built into concrete work, except where otherwise specified. FORMS, CENTERING AND FORM WORK AFFECTING WORKMANSHIP i A. Forms shall conform with the lines, dimensions and shapes of concrete indicated on the Drawings, for the members for which they are provided. They shall be tight to prevent any possibility of movement after concrete is poured and shall insure safety to workmen and the public. B. On concrete exposed to view, metal ties where used shall be detached 1-inch back from surface of exposed side and holes filled with cement mortar and rubbed immediately after removal of forms. C. Forms for concrete work shall be plywood or composite of smooth line construction, that will produce straight, dense surface free from honeycombs, bulges and depressions. D. If any material is used to coat formwork to facilitate its removal, this material shall be of such nature as not to stain or injure the concrete or cause.injury to finish to be applied on exposedsurfaces on concrete. Forms shall be thoroughly cleaned before reusing. E. All wood form work, including that used in void spaces, pockets and other similar places, shall be removed. F. Forms shall not be disturbed until the concrete has adequately hardened. Care shall be taken to avoid spalling concrete surface. WORK IN CONNECTION WITH OTHER SECTIONS AND/OR CONTRACTS A. Box out for pipes as directed and fill up to pipe sleeves with concrete after same are in place. B. Build in anchors, inserts or slots as required for proper anchorage. DIVISION 3 —Page 2 of 8 DIVISION 3 -CONCRETE C. Set in concrete all sleeves furnished under other sections or contracts, in proper alignment and location. D. Cooperate with.other trades. E. Build in concrete all forms furnished by other trades and required to be built into concrete. END OF SECTION 03100 - CONCRETE FORM WORK i o DIVISION 3 —Page 3 of 8 i DIVISION 3 - CONCRETE SECTION 03200 - CONCRETE REINFORCEMENT SCOPE The work under this heading shall consist of furnishing all labor, materials, equipment and appliances necessary or required to perform and complete all concrete reinforcing. SHOP DRAWINGS A. Complete and accurate shop drawings shall be submitted to the Engineer for review-,before any work is executed. Drawings shall show framing plans, details, bending diagrams,' sizes and spacing of members, relationship to contiguous work, scale elevations of all reinforced concrete walls, and all other pertinent information. Details shall be carried out in accordance with the A.C.I. rules. B. Contractor shall submit one black and white print and one reproducible with each submission. Cost of all prints required from the reproducible, including prints required by the Engineer, shall be borne by this Contractor. MATERIALS A. Deformed reinforced steel shall conform with SPECIFICATIONS FOR NEW BILLET-STEEL BARS FOR CONCRETE REINFORCEMENT, ASTM A-615, GRADE 60. B. Deformations on deformed bars shall conform with SPECIFICATIONS FOR DEFORMATIONS OF DEFORMED STEEL BARS FOR CONCRETE REINFORCEMENT, ASTM A-305. C. Welded wire fabric shall comply with ASTM A-185. PLACING OF REINFORCEMENT A. Metal supports, ties and spacers for reinforcement shall be rustproof of proper size, and strength to ensure against displacement during pouring operations. For structural slabs placed on ground, provide legs of slab bolsters and continuous high chairs with continuous plates. B. All reinforcement shall be bent cold. Minimum radius of bend shall be four diameters for bars 5/8 inch round or less, and six diameters for larger bars. C. At intersections,rods shall be securely wired together. D. Contractor shall exercise extreme care to prevent discoloration of exposed concrete surfaces by reinforcement. E. All reinforcement shall be inspected in the .forms before concreting starts by the Engineer. Contractor shall notify the Engineer at least 24 hours prior to any pour. END OF SECTION 03200—CONCRETE'REINFORCEMENT DIVISION 3 —Page 4 of 8. DIVISION 3 - CONCRETE SECTION 03300 - CAST-IN-PLACE CONCRETE RELATED SECTIONS See Section 09672 Resinous Flooring.for concrete floor coating. REFERENCES Except as shown or specified otherwise, the Work of this Section shall conform to the requirements of Specifications for Structural Concrete for Buildings ACI 301-89 of the American Concrete Institute. Materials used to produce concrete and testing thereof shall comply with the applicable standards listed in the New York State Building Code, Chapter 19 Concrete. QUALITY ASSURANCE Concrete batching plant shall be currently approved as a concrete supplier by the New York State Department of Transportation. PROPORTIONING (Amendments to ACI 301, Chapter 3): A. Compressive Strength: Minimum 4000 psi for structural footings, foundations, floor slabs, exterior slabs, ramps and stairs. B. Weight: Normal weight as indicated, Lightweight Concrete (for floor fills): Air-dry unit weight between 95 and 115 lb/cu ft. C. Durability: 1. Concrete shall be air-entrained. Design air content shall be 6 percent-by volume, with an allowable tolerance of plus or minus 1.5 percent for total air content. Entrained air shall be,provided by use-of an approved,air-entraining admixture. Air-entrained cement shall not be used: D. Slump: 4000 psi Normal Weight Concrete: Between 2 inches and 3 inches. E. Admixtures: Do not use admixtures in concrete unless specified' or approved in writing by the Engineer. F. Selection of Proportions: Concrete proportions shall be established on the basis of previous field experience or laboratory trial batches, unless otherwise approved in writing by the Engineer. Proportion mix with a minimum cement content of 564 pounds per cubic yard for 3000 psi concrete and 611 pounds per cubic yard for 4000 psi concrete. DIVISION 3 —Page 5,of 8 DIVISION 3 - CONCRETE REINFORCEMENT (Amendments to ACI 301, Chapter 5): A. Bar Reinforcement: ASTM A 615, Grade 60, deformed steel bars. B. Fabric Reinforcement: ASTM A 185, welded wire fabric, fabricated into flat' sheets unless otherwise indicated. C. Bar Supports: Galvanized steel or AISI Type 430 stainless steel, and without plastic tips. D. Tie Wire: Black annealed wire, 16-1/2 gage or heavier'. PRODUCTION (Amendments to ACI 301, Chapter 7) A. Provide ready-mixed concrete, either"central-mixed or truck-mixed. EXAMINATION AND PREPARATION A. Do not use items of aluminum for mixing, chuting, conveying, forming or finishing concrete, except magnesium alloy tools may be used for finishing. ' B. Keep excavations free of water. Do not deposit concrete in water. C. Hardened concrete, reinforcement, forms, and earth which will be in contact with fresh concrete shall be free from frost at the time of concrete placement. D. Prior to placement of concrete, remove all hardened concrete spillage and foreign materials from the space to be occupied by the concrete. FORMWORK (Amendments to ACI 301, Chapter 4) A. , Chamfer all exposed external corners of concrete. PLACING REINFORCEMENT (Amendments to ACI 301, Chapter 5) A. At the time concrete is placed, reinforcement shall be free of mud, oil, loose rust, loose mill scale, and other materials or coatings that may adversely affect or reduce the bond. PLACING CONCRETE (Amendments to ACI 301, Chapter 8) A. Operation of truck mixers and agitators and discharge limitations shall conform to the requirements of ASTM C 94. B. Do not allow concrete,to free fall more than 4 feet. FINISHING FORMED SURFACES (Amendments to ACI 301, Chapter 10) A. Finish Schedule: Except where indicated otherwise on the Drawings, provide the finishes DIVISION 3 —Page 6 of 8 •DIVISION 3 - CONCRETE below: 1. Rough Form Finish for concrete surfaces not exposed to view. 2. Smooth Form Finish for concrete surfaces exposed to view. 3.- Smooth Rubbed Finish-for exterior.concrete surfaces exposed to view. 4. Grout Cleaned Finish for interior concrete surfaces exposed to view. FINISHING SLABS (Amendments to-ACI 301, Chapter 11) A. Slabs On Grade: Provide key type joints unless otherwise shown. Tool exposed joints. B. Finish Schedule: Except where indicated otherwise on the Drawings, provide the finishes below: 1. Broom Finish for exterior slabs. Texture as approved by the Engineer. 2. Smooth Finish for interior slab. C. Finishing, General: Provide monolithic finishes on concrete floors and slabs without the addition of mortar or other filler material. Finish surfaces in true planes, true to line, with particular care taken during screeding to maintain an excess of concrete in front of the screed so as to prevent low spots. Screed and darby concrete to true planes while plastic and before free water rises to the surface. Do not perform finishing operations during the time free water(bleeding) is on the surface. CURING AND PROTECTION (Amendments to ACI 301, Chapter 12) A. Maintain concrete surfaces in a moist condition for at least 7 days after placing, except where otherwise indicated. B. For surfaces of exterior slabs (on grade), apply chemical curing and anti-spalling compound in accordance with the recommendations of the manufacturer. C. All concrete surfaces to be coated shall be clean and dry. Dirt, oil, loose concrete, salts, and other contaminants shall be wire brushed or grit blasted until a bare surface is obtained. D. A minimum of two (2) coats shall be applied to concrete. A minimum of 24 hours must elapse before application of the second coat. Do not use if epoxy coating is to be installed. FIELD QUALITY CONTROL (Amendments to ACI 301, Chapter 16) A. The Contractor shall make a maximum of(2) two test cylinders per truck load of concrete delivered to the site for testing by a testing lab. Sampling to be taken as per ASTM C 172 Standard Practice for Sampling Freshly Mixed Concrete. Concrete shall be sampled from the middle of the load. B. The Contractor shall be responsible for furnishing the Engineer with the test results of each concrete test cylinder tested at 7 and 28 days for each truck load. DIVISION 3 —Page 7 of 8 DIVISION 3 - CONCRETE LABORATORY TESTS The Contractor shall be responsible for arranging and coordinating of all testing. All laboratory costs in establishing the design mix and testing of cylinders shall be borne by the Contractor. END OF SECTION 03300 - CAST-IN-PLACE CONCRETE DIVISION 3 —Page 8 of 8 18- 4'.Thick Expansion Joint 3,000 PSI Concrete Slab I Align New Curbing Compacted & Tie Into Existing Existing CurbingStone Fill Concrete Curb. this Area to Remain 3,000 PSI e. Asphalt Pavement Concrete Curbing. Align New Curbing filly Along Existing Curb SECTION DETAIL SOUTHOLD TOWN Inlet&Tie Into Existing Scale: N.T.S. Concrete Curbing. ENGINEERING Typ- Existing Curbing IT 8" 41•-0•' this Area to Remain New Asphalt& I New Mountable Curbing Paint By See Details this Sheet. N 4' Za Y-4 Others.Typ. 4 S .... 9'Each=36--0- R 0 4"thick Existing Concrete 7- 7'-10" New Curbing& 3,000 PSI Call Concrete Slab Curbing to Remain. Sidewalk Existing Concrete This Curbing to Remain. Equal Equal 0 PROPOSED: 9111. 3,000 PSI RECONSTRUCTION 19,-0„ Cast Iron Concrete Curbing, PIKE STREET PARKING 9.1.. 0 Covers to be Extended SEE Detail I Above Typ- to Grade Prior to M A T T I T U C K Pavement. (By Others) Town of Southold PROJECT NOTE: Paint Set New Concrete Curb& PLAN DETAIL "All DRAW by Others Sidewalk Such That Existing James A. Richter,RA Provide A.D.A.Compliant Entrance Does Not Flood. Scale: N.T.S. SCTM Lt Handicap Access Ramps Coordinate with Town Engineering 1000 - 140 - 03 - 5 at Each Location Noted SCALE, With "ADA". Typical 3,000 PSI Concrete with AS NOTED of 4 Locations. Steel Reinforcement. #4 Bars DA February 12,2018 at 6"O.C.Each Way M a) > -40 40 ItEVISM. DESCRPnCN OF MO01FICA11ON; EXISTING v Line of Curb Beyond Equal Equal BUILDING Existing New Concrete Roa OR. ete New Concrete Curb =4' 4 Curb /Maintain 4'Separation z Compacted Stone /Parking Lot Pavement 0 FromFace OfEl-111cling. Blend Fill By Others New Concrete Grass CURB CUT APRON DETAIL 11211 Sidewalk Align New Curbing Scale : N.T.S. Align New Curbing 3 with Existing Sidewalk & Sidewalk with New Sidewalk& Adjacent Curb Cut Concrete Curb 3,000 PSI Concrete with 6 x 6-10 10 W.W.F. 2--0-- Z .8 5--0" New Concrete 27--0-- 12%01 49'-6" 12--0-- 24%6"+ > Curb Field Verify IY 1 Radius Existing Pike Street Topsoil Seed Existing Utility Pole to Remain. Road --ff By Others Typical at 2 Locations Compacted Fill 3,000 PSI Concrete Curb DRAWING#: Pike Street Parking Lot - Mattituck CURB & SIDEWALK DETAIL 1131 A-1 Scale : V = 40.0' Scale : N.T.S. sNEET k I OF 1 TOWN OF SOUTHOLD PIKE STREET PARKING LOT IMPROVEMENTS CONSTRUCTION SPECIFICATIONS SOUTHOLD, SUFFOLK COUNTY,NEW YORK Ob { Prepared By TOWN OF SOUTHOLD Engineering Department 53095 Main Road Southold, New York 11971 February 12, 2018 (631) 765-1560 TOWN OF SOUTHOLD 53095 MAIN ROAD, SOUTHOLD, NEW YORK 11971 PHONE: 631-765-1560 / FAX: 631-765-9015 INVITATION TO BID NOTICE IS HEREBY GIVEN THAT SEALED PROPOSALS ARE SOUGHT AND REQUESTED FOR THE FOLLOWING: BID NAME: "PIKE STREET PARKING LOT IMPROVEMENTS" Definite specifications may be obtained at the Southold Town Clerk's Office beginning February 22, 2018 PLACE OF OPENINGS: DATE OF OPENINGS: TIME OF OPENINGS: TOWN OF SOUTHOLD March 15, 2018 2:00 PM TOWN CLERKS OFFICE 53095 MAIN ROAD SOUTHOLD, NY 11971 CONTACT PERSON: James Richter, R.A. Town of Southold, 631-765-1560 VENDORS MUST SUBMIT BIDS IN SEALED ENVELOPES. PLEASE PRINT ON THE FACE OF ENVELOPE: 1)NAME & ADDRESS OF BIDDER 2) BID NAME BID MUST BE ACCOMPANIED BY A 5 % BID SECURITY. It is the bidder's responsibility to read the attached Bid Specifications, Instructions to Bidders, and General Conditions, which outline bidding rules of the Town of Southold. Upon submission of bid, it is understood that the bidder has read, fully understands and will comply with said GENERAL CONDITIONS and specification requirements. The Town of Southold requires that this document be returned intact and that it be filled out completely. Please do not remove any pages from this bid package, and make a copy of the bid document for your records. A non-mandatory pre-bidder's conference will be held at 2:OOPM on March 6, 2018 at the site located at 630 Pike Street in Mattituck, New York. The Town of Southold welcomes and encourages minority and women-owned businesses to participate in the bidding process. i TABLE OF CONTENTS TOWN OF SOUTHOLD PIKE STREET PARKING LOT IMPROVEMENTS Title Page ------ Invitation to Bid ------ Table of Contents ------ Instructions to Bidders I13-1 thru I13-6 Standard Insurance Requirements SIR 1 thru SIR 3 General Conditions GC-1 thru GC-12 Conditions of Contract CC-I thru CC-18 Proposal Form Package Pages 1 —9 Qualification of Bidders QS-1 thru QS-4 Contract Agreement A-1 thru A-3 NYS Wage Rates ------ Technical Specifications Divisions 1-3 Contract Drawings INSTRUCTIONS TO BIDDERS INDEX �I 1. Receipt and Opening of Bids 2. Form, Preparation and Presentation of Proposal 3. Bid Security 4. Qualifications of Bidders 5. Rejection of Bids 6. Bidders Responsibility 7. Construction Terms and Conditions 8. co,.,,,.it ,f F,,;.t,f,] norf..,,,.nee and r,rainto.,an o 9. Bid Reservations 10. Non-Collusive Statement 11. Addenda and Interpretations 12. Method of Award 13. Single Price Bid Analysis 14. Municipal Exempt Status 15. Labor Law 16. Wage Rates 17. Insurance Required by the Town of Southold 18. Quantities IB - 1 INSTRUCTIONS TO BIDDERS 1. RECEIPT AND OPENING OF BIDS The Town of Southold invites bids on the forms herein provided for the Pike Street Parking Lot Improvements at 630 Pike Street in Mattituck, New York. Sealed bids shall be received by the office of the Southold Town Clerk, 53095 Route 25 Southold, New York 11971, no later than 2:00 P.M. prevailing time on Thursday, March 15th, 2018, at which time they will be opened and publicly read aloud. All bids received after the time stated for the opening in the Notice to Bidders may not be considered and will be returned unopened to the bidder. The bidder assumes the risk of any delay in the mail or in the handling of the mail by employees of the Town. Whether sent by mail or by means of personal delivery, the bidder assumes responsibility for having his bid deposited on time at the place specified. Faxed bids will not be accepted. 2. FORM,PREPARATION AND PRESENTATION OF PROPOSAL The Proposal Form as issued by the Town shall be completely filled in, in black ink or typed on the original bid form. No photocopies will be accepted. All blank spaces for bid prices must be filled in, in both words and figures, with a total or gross sum for which the bid is made. All lines must have an indication of the bidder's response whether it be "0", "N/A", "No Charge", or a dollar figure. All lines must be filled in to indicate bidder's acknowledgement of the request. Bids that do not have all applicable lines filled in on the bid proposal form may be disqualified as a non-responsive bid. We cannot assume there is "no charge" when lines are left empty. Bids that contain any omission, erasure, alteration, addition or items not called for in the itemized bid form or that contain irregularities of any kind will not be accepted. In case of discrepancy between the unit price and total amount bid for any item, the unit price, as expressed in words, shall govern. The following two items will automatically render a bid unacceptable to the Town of Southold: a. Failure to sign bid proposal page. b. Failure to include necessary bid security deposit(as required). It shall be fully understood that any deviations from the inclusion of the above items will be grounds to see the bid as non-compliant and will not be considered for award. 3. BID SECURITY (a) The Bid must be accompanied by a certified check on a solvent bank or trust company with its principal place of business in New York State, or an acceptable bid bond, in an amount.equal to not less than five percent (5%) of the total amount bid, made payable to the Town of Southold (herein identified as Owner), as assurance that the bid is made in good faith. The certified checks or bid bonds of unsuccessful bidders will be returned after execution of the Contract between the Owner and the successful bidder; the certified check or bid bond of the successful bidder will be retained Ba=rt'' filing and apprevalof the Per-fefmanee Bend and until the completion of ten percent(10%) of the work under the Contract. 113 - 2 INSTRUCTIONS TO-BIDDERS (b) The successful bidder, upon his failure or refusal to execute and deliver the Contract and bends-required within ten (10) days after the date of notice of the acceptance of his bid, shall forfeit to the Owner, as liquidated damages for such failure or refusal, the security he deposited with his bid. 6 4. QUALIFICATIONS OF BIDDERS (a) Forms for qualifications of bidders, giving evidence of sufficient facilities, equipment, experience and financial ability to insure completion of the work are provided with the bid specification package, and shall be filled out by the contractor and returned with the bid submission. (b) Information contained in any statement of financial ability shall be not more than thirty days old at the time of submission. (c) The Town reserves the right to make such investigation as it may deem necessary or advisable to determine any bidder's ability to do the work, and the bidder shall furnish to the Town, on request, all data and information pertinent thereto. The Town reserves the right to reject any bid if such investigation fails to satisfy the Town that the bidder is fully qualified to do the work. Financial instability of a bidder may be cause for non-award. 5. REJECTION OF BIDS (a) The TOWN BOARD reserves the right to reject any bid if the evidence submitted in the qualifications statement or an investigation of such bidder fails to satisfy the TOWN BOARD that such bidder is properly qualified to carry out the obligations of the Contract and to complete the work contemplated therein. Conditional bids will be considered informal and will be rejected. (b) The TOWN BOARD reserves the right to reject any and all bids, in whole or in part, to waive any informality in any or all bids, and to accept the bid or part thereof which it deems most favorable to the Town after all bids have been examined and/or checked. 6. BIDDERS RESPONSIBILITY (a) Bidders are cautioned not to submit bids until after having inspected the site of the proposed improvement and having made themselves familiar with local conditions. The attention of persons intending to submit bids is specifically called to the paragraph of the Contract which debars a Contractor from pleading misunderstanding or deception because of estimates or quantities, character, location or other conditions surrounding the same. Special attention is called to the notes on the Plans or in the itemized form of bid, which are made a part of this Contract, which may alter or revise the Specifications for the particular contract. (b) No representation is made as to the existence or nonexistence of groundwater, which may in any way impede the work, proposed to be accomplished. Each bidder shall fully inform himself as to groundwater and sub-surface conditions prior to submitting his bid. (c) The submission of a bid will be construed to mean that the bidder is fully informed as to the IB - 3 INSTRUCTIONS TO BIDDERS extent, cost, and character of the materials, labor, and equipment required to complete the proposed job in accordance with the Plans and Specifications, including all other expenses incidental thereto. (d) Bidders must examine the Plans and Specifications and exercise their own judgment as to the nature and amount of the whole of the work to be done, and for the bid prices, must assume all risks of variance by whomsoever made in computation or statement of amounts or quantities necessary to fully complete the work in strict compliance with the Contract Documents. (e) The Bidder shall assume all risks and responsibility and shall complete the work in whatever material and under whatever conditions he may encounter or create, without extra cost to the Town. (f)No pleas of ignorance or misunderstanding of conditions that exist or that may hereafter exist, or of conditions or difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary examinations and investigations, will be to fulfill in every detail all of the requirements of the Contract Documents, or will be accepted as a basis for any claims whatsoever for extra compensation, or for an extension of time. 7. CONSTRUCTION TERMS AND CONDITIONS The successful bidder is warned that the work specified in the Conditions of Contract, together with the Instructions to Bidders, Proposal Form, General Conditions, Plans, Specifications and instructions of the Engineer or his duly authorized representative will be rigidly enforced. 8. SECURITY FOR FAITHFUL PERFORMANCE AND MAINTENANCIE The sueeessfial bidder- shall be requir-ed to exeeute a Perfiqfmanee Bond equal to one hundred o the . bi'd ,eh bonds to be o „«dbyLa New v er.E lieensed insufano J YanJ with an A rating or- better- f+efn Best & and er table toQwner-f Bend shall be vffi4en so as to femain in full f .-- mid -f-. t as a fnaintenanee bend fer- a period- of t less d ene (1) year-.,f+o.-the date of final aeeeptanee e f the we 1L award,The sueeessful bidder-,upon failure to exeeute and deliver-the bends required witItin ten (10) days after-the date of netiee of shall forfeit to the > and he will be liable for-and he agrees to pay te the i AT 1 f mistake ; sueh aeeepted bid shall be available to the bidder- f feeevei=y of his deposit er- as a defense te any aetion upon aeeepted bid upAess said mistake ean be pfeven by deeumentafy evidenee aeoeptable to the Te:,A�-r After- approval of the bends and exeetitien of the Gentr-aet and Aer-ten (10) per-eent of the w h been eempleted,the bid ,;r„ g the birl_, ill be ew ,o l moo,.,, .,,.,.,,,.,,,,,,,,.,,,, IB - 4 -INSTRUCTIONS TO.BIDDERS 9. BID RESERVATIONS Bids submitted shall remain in effect for forty-five (45) days past the date of bid opening. This period may be extended, for the benefit of the Town, by mutual agreement between the Bidder and the Purchasing Agent. 10. NON-COLLUSIVE STATEMENT The form of non-collusion bidding certification contained in the proposal package must be executed by the Bidder and submitted with the proposal. The submission of this statement certifies that the prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor. 11. ADDENDA AND INTERPRETATIONS Every request for information or interpretation of the Contract Documents or Drawings must be addressed in writing to the Town Engineering Department of Southold 53095 Main Road Southold, New York 11971 (fax) 631-765-9015, and to be given any consideration, must be received at least five (5) days prior to the date fixed for the opening of bids. Any such interpretations or supplemental instructions will be in the form of written addenda, and will be mailed or faxed to all prospective bidders. The failure of any bidder to receive any such addenda will not relieve the bidder of any obligation under his bid as submitted. Any addenda so issued shall become part of the Contract Documents. 12. METHOD OF AWARD The bid will be awarded to the lowest responsive, responsible bidder, as will best promote the public interest, taking into consideration the reliability of the bidder, the quality of the materials, equipment, or supplies to be furnished, and conformity with the specifications. 13. SINGLE PRICE BID ANALYSIS In the event a single bid is received, the Town will conduct a price analysis of the bid price prior to the award of the contract. 14. MUNICIPAL EXEMPT STATUS The Town is exempt from the payment of Federal, State and local taxes. Taxes must not be included in proposal prices. 15. LABOR LAW The Contractor and each and every subcontractor performing work at the site of the project to which this Contract relates shall comply with the applicable provisions of the Labor Law, as amended, of the State of New York. IB - 5 INSTRUCTIONS TO BIDDERS Attention is called to certain provisions of the Labor Law, as set forth in the Conditions of Contract, Paragraph 11, which are hereby referred to and made a part hereof. 16. WAGE RATES The rates of wages determined by the New York State Industrial Commissioner pursuant to the Labor Law, which shall be paid on this project, are set forth herein following the Instructions to Bidders. Contractors and subcontractors are required to submit to the Town, within thirty days after issuance of the first payroll, and every thirty days thereafter, a transcript of the original payroll records, subscribed and affirmed as true under the penalties of perjury. 17. INSURANCE REQUIRED BY THE TOWN OF SOUTHOLD The successful bidder will be required to procure and pay for the following types of insurance, as set forth in more detail herein following the Instructions to Bidders in the Standard Insurance Requirements section. (a) Comprehensive Automobile Policy (b) Comprehensive General Liability (c) Excess/Umbrella Insurance (d) Owner's and Contractor's Protective Liability (e) Workmen's Compensation Insurance (f) Disability Insurance and Unemployment Insurance 18. QUANTITIES Any quantities set forth in the bid specifications are approximations only. No guarantee is made for any quantities stated. Payment shall be on the basis of actual quantities supplied or the actual work done at the unit prices quoted. 113 - 6 'i STANDARD-INSURANCE REQUIREMENTS TOWN OF SOUTHOLD CONTRACT INSURANCE REQUIREMENTS INSURANCE IDENTIFICATION: THE BID NUMBER IS TO APPEAR ON ALL INSURANCE CERTIFICATES INDEPENDENT CONTRACTOR: The Corporation/Contractor/Agency/Consultant, is an independent contractor and covenants and agrees that it, its agents, servants and/or employees will neither hold itself/themselves out as, nor claim to be an employee, servant or agent of the TOWN OF SOUTHOLD, and that it, its agents and employees will not make claim, demand or application to or for any right or privilege applicable to an officer or employee of the TOWN OF SOUTHOLD including, but not limited to Worker's Compensation coverage, Unemployment Insurance benefits, Social Security coverage or retirement membership or credit. INSURANCE: Contractor/vendor shall not commence work under this contract until he has obtained all insurance required under the following paragraphs, and the Town of Southold has approved such insurance. WORKERS' COMPENSATION: Contractor/vendor shall take out and maintain during the life of this contract, such insurance as will protect both the owner and the contractor from claims under worker's compensation acts and amendments thereto and from any other claims for property damage and for personal injury including death, which may arise from operations under this contract, whether such operations by contractor or by any other party directly or indirectly employed by the contractor. Copy of Certificate to be provided to the Town of Southold. DISABILITY INSURANCE & UNEMPLOYMENT INSURANCE: Contractor/vendor shall take out and maintain during the entire term of the contract any disability benefits and unemployment insurance as required by law. Copy of Certificate to be provided to the Town of Southold. GENERAL LIABILITY INSURANCE: The contractor/vendor shall take out and maintain during the life of the contract, such bodily injury liability and property damage liability insurance as shall protect him and the Town from claims for damages for bodily injury including accidental death, as well as from claims for property damage which may arise from operations under this contract, whether such operations be by himself or by any subcontractor or by anyone directly or indirectly employed by either of them. It shall be the responsibility of the contractor/vendor to maintain such insurance in amounts sufficient to fully protect himself and the Town, but in no instance shall amounts be less than those set forth below. These amounts are specified only to establish the minimum coverage acceptable. Bodily injury liability and property damage liability insurance in an amount not less than $1,000,000 (one million dollars) for damages on account of any one accident, and in an amount of not less than $1,000,000 (one million dollars) on account of all accidents (general aggregate). EXCESS/UMBRELLA INSURANCE: The contractor/vendor shall take out and maintain during the life of the project an excess/ umbrella insurance policy in an amount of not less than $2,000,000 (Two million dollars) each occurrence and aggregate. SIR - 1 STANDARD INSURANCE REQUIREMENTS OTHER CONDITIONS OF COMMERCIAL GENERAL LIABILITY INSURANCE: 1. Coverage shall be written on commercial general liability form 2. Coverage shall include: A. Contractual liability B. Independent contractors C. Products and completed operations AUTOMOBILE LIABILITY INSURANCE: Automobile bodily injury liability and property damage liability insurance shall be provided by the contractor/vendor with a minimum combined single limit(CSL) of$1,000,000(one million dollars) OTHER CONDITIONS OF AUTOMOBILE LIABILITY INSURANCE: 1. Coverage shall include: A. All owned vehicles B. Hired car and non-ownership liability coverage C. Statutory no-fault coverage OWNERS & CONTRACTORS PROTECTIVE LIABILITY: An OCP Policy shall be required by the Town of Southold in limits of $1,000,000 combined single limit, each occurrence, $1,000,000 General Aggregate. This insurance must fully cover the legal liability of the specific farm owner, as Owner, NAMING THE FARM OWNER AND TOWN OF SOUTHOLD AS INSURED. The contractor shall furnish the Town with the original insurance policy. ADDITIONAL CONDITIONS OF INSURANCE: I. Contractor/vendor shall submit copies of any or all required insurance policies as and when requested by the Town. 2. If any of the contractor's/vendor's policies of insurance are cancelled or not renewed during the life of the contract, immediate notice of cancellation of non-renewal shall be delivered to the Town no less than 10 days prior to the date and time of cancellation or non-renewal. CERTIFICATE OF INSURANCE: The contractor/vendor shall file with the Town of Southold prior to commencing work under this contract, a certificate of insurance. 1. Certificate of insurance shall include: A. Name and address of insured B. Issue date of certificate C. Insurance company name D. Type of coverage in effect E. Policy number F. Inception and expiration dates of policies included G. Limits of liability for all policies on certificate. included on certificate SIR - 2 STANDARD'INSURANCE-REQUIREMENTS Descnptiori of operations/locations/etc.Box must include:the statement ,&.. max. THE TLOWN OF{S'O.UTH"OLD IS°LISRTED}A$ADDITIONAL°INSURED":. ` CERTIFICA��E HOLDER SHALL BE LISTS'�:�AS-::, �s'. - '. ' ..�.., :.:�;.; . ° �:,,. . .:TO�WNOFS;OUTHOtiD°:,.;,.;: ,. ',.` •.-`P., . §. 53095`°1VIAIlN;'I2OAll; 1 'E r•v hy:• ''SO;UTFIO,LD`,Ny �1197_h" ., `. 2. If the contractor's/vendor's insurance policies should be non-renewed, cancelled or expire during the life of the contact, the Town shall be provided with a new certificate indicating the replacement policy information as requested above. Thirty days (30) prior written notice to the Town of Southold for cancellation is applicable. SIR - 3 GENERAL CONDITIONS INDEX 1. Definitions of Terms 2. Standards of Workmanship 3. Samples 4. Manufactured Materials 5. Laboratory 6. Shop Drawings 7. Permits 8. Plans and Specifications 9. Cutting, Patching and Digging 10. Errors, Omissions and Discrepancies 11. Temporary O€fee&Toilet 12. Proper Method of Work and Proper Materials 13. Inspection 14. Waiver 15. Water and Electric Power 16. Machinery and Equipment 17. Maintenance 18. Schedule of Operations 19. Right to Use Work 20. Notice of Warning 21. Warning Signs 22. Accident Prevention 23. Damages 24. Maintenance of Traffic 25. Final Site Cleaning 26. Protection of Land Markers, Trees, Shrubs, and Property 27. Protection of Utilities 28. No Damages for Delay 29. Record Keeping 30. Subcontractors and Suppliers 31. Penal Law GC - 1 GENERAL.CONDITIONS 1. DEFINITIONS OF TERMS: Whenever the following words and expressions are used in the Specifications, it is understood that they have the meaning defined below: PLANS: All official drawings or reproductions of drawings pertaining to the work or to any structure connected therewith. SPECIFICATIONS: The body of directions, requirements, descriptions, etc. contained in this document, together with all documents of any description and agreements made (or to be made) pertaining to the methods or manner of performing the work and/or to the quantities and quality of materials to be furnished and accepted under this Contract. OWNER: Shall mean Town Board, Town of Southold. ENGINEER (ARCHITECT): the Owner and/or duly authorized representative to represent the Owner in the execution of the work covered by the consultants and assistants engaged by the Owner and the Engineer to the extent of the particular duties entrusted to them. CONTRACT: Collectively, the Contract executed by the Owner and the Contractor, Notice to Bidders, Instructions to Bidders, Proposal Form, Conditions of Contract, General Conditions, Special Conditions, Specifications, Construction Drawings, Addenda, , and all supplemental agreements made or to be made. CONTRACTOR: The party of the second part hereto, whether corporation, firm or individual, or any combination thereof, and successor, personal representatives, executors, administrators and assigns, and any person, firm or corporation who or which shall at any time be substituted in place of the second part under this Contract. INSPECTOR: An authorized representative of the Owner or his Engineer assigned to make any and all necessary inspections of the work performed and the materials furnished by the Contract. MATERIALS: Any approved materials acceptable to the Engineer and conforming to the requirements of these Specifications. WORK: All of the work proposed to be accomplished at the site of the project, and all such other work as is in any manner required to accomplish the complete project. This includes all plant, labor, materials, supplies, equipment and other facilities and acts necessary or proper or incidental to the carrying out and completion of the terms of this Contract. The term "work performed" shall be construed to include the material delivered to and suitably stored at the site of the project. 2. STANDARDS OF WORKMANSHIP: The apparent silence of the Specifications as to any detail or an apparent omission from them of a detailed description concerning any work to be done and materials to be furnished shall be regarded as meaning that only the best general practice observed in the latest current construction work is to prevail and that only material and workmanship of first quality is to be used in this connection and all interpretations of these Specifications shall be made upon this basis. GC - 2 GENERAL CONDITIONS 3. SAMPLES: The Contractor shall furnish for approval, all samples as directed. The work shall be in accordance with approved samples. Samples shall be submitted in ample time so as to prevent delay in fabrication or ordering of materials, allowing for a reasonable time for the Engineer to consider the samples submitted and, if necessary, to permit a resubmission of samples to the Engineer until approval is given. Work and material shall be furnished and executed in accordance with approved samples, in every aspect. Each sample shall be labeled, bearing material, name and quality, Contractor's name, date and other pertinent data. Unless otherwise specified, samples shall be in duplicate and of adequate size to show quality, type, color, range and finish and texture of material. Materials shall not be ordered until approval is received in writing from Engineer. 4. MANUFACTURED MATERIALS: Where several materials are specified by name, the Engineer shall have the right, before execution of the Contract, to require any and all bidders to state the materials upon which they based their bid. Where any materials are specified by name or trade name, or by catalog number of a company or companies, the Contractor shall furnish the article mentioned unless approval of the Engineer is obtained in writing for a substitution. Should Contractor desire to substitute another material for one or more specified by name, he shall apply in writing for such permission and state credit or extra involved. He shall also provide supporting data and samples for Engineer's consideration. Unless particularly specified otherwise, all manufactured articles, materials and equipment shall be applied, assembled, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer and including the necessary preparation to properly install the work. Where reference is made to manufacturer's directions, the Contractor shall submit such directions to the Engineer as required. The materials used in construction shall be disposed as not to endanger the work, and so that full access may at all times be had to partly completed work and structures and they shall be so disposed as to cause no injury to those having access to the work or any of the units. All labor shall be performed in the best and most workmanlike manner by mechanics skilled in their respective trades. Standards of work required throughout shall be of such grades as will bring first- class results only. The type of labor employed by the Contractor shall be such as will insure the uninterrupted continuity of the entire work, without conflict of any kind. 5. LABORATORY: Laboratories shall be designated by the Engineer for testing the materials to be used under the Contract. Where tests are made by other than the designated laboratories, two certified copies showing correctly the chemical analysis and physical tests shall be furnished to the Engineer. 6. SHOP DRAWINGS:' The Contractor shall submit to the Engineer six (6) copies of all shop drawings and schedules and no work shall be fabricated until his approval has been given. All shop drawings submitted to the Engineer must be in English, and must bear the Contractor's stamp of approval evidencing that the drawings have been checked. GC - 3 GENERAL CONDITIONS The Contractor will make any corrections in the drawings required by the Engineer and will file with the Engineer four corrected copies. Approval by the Engineer of such drawings or schedules shall not relieve the Contractor from responsibility for (a) errors of any sort in shop or setting drawings or schedules; or (b) deviations from Plans and Specifications unless the Contractor, at the time of submission of said drawings and schedules, has given notice to the Engineer of any such deviations. 7. PERMITS: 7.1 Municipal: All work in connection with the installation of pipes or other underground structures of a like nature either within or without the limits of the highway, shall follow all the provisions as contained herein together with the provisions, as they apply, of the Highway Law (Town Code) with all subsequent changes, additions or corrections thereto. A. The Contractor shall obtain from the Building Department a certificate of occupancy, whenever the scope of work of the Contract provides for the construction of a building or structure, or for modification or alteration of a building or structure, so that a certificate of occupancy, or a revised certificate of occupancy is required under state and/or local law. The Owner shall be responsible for obtaining the building permit and permit(s)pre-requisite thereto, including but not limited to the following, unless Contractor is specifically required to obtain the same pursuant to other provisions of this document: (1) Building permit (2) Fire prevention permit (3) Health Department/Application to construct a) Sanitary system including SPDES permit b) Hazardous materials storage The following additional permits when required under law shall also be obtained by the Owner: (1) NYSDEC permit(s) (2) Town Division of Environmental Protection (3) Suffolk County Farmland Committee (4) U.S. Army Corp of Engineers The Contractor shall give all notices, and comply with all laws, ordinances, rules, regulations and conditions of the permits, bearing on the conduct of the work as drawn and specified, and shall be responsible for acquisition of all pertinent information necessary for such compliance. The Contractor shall be responsible for: (1) Coordinating all building department and other department and agency inspections and approvals, (2) Obtaining U.L. approvals, (3) Health Department inspections and approvals, (4) Obtaining final certificate of occupancy. On projects involving multiple contracts, it shall be the responsibility of the "General Contractor"to GC - 4 GENERAL CONDITIONS coordinate with the building department and other agencies and to obtain the certificate of occupancy. It shall be the responsibility of the mechanical contractors (prime contractors other than the G.C.) to coordinate inspections and approvals of that part of the project, which falls within the scope of their contract with the G.C., and/or as may be appropriate, directly with the approving agency. In the event that one or more of the contractors on a multi-contract project fails to perform the work in a timely manner, thereby causing undue delay in the completion of the project, and the issuance of the certificate of occupancy, the owner shall in that event, have the option to exercise "The owners right to stop work or terminate contract" as provided for in the conditions of the contract. B. Pipes and Underground Structures: All work in connection with the installation of pipes or other underground structures of a like nature either within or without the limits of the highway, shall follow all the provisions, as they apply, of the Highway Law As per Town Code Standards) with all subsequent changes, additions or corrections thereto. C. Any work to be performed within the Town Highway right-of-way will require a Town Highway Department road-opening permit. Obtaining of the permit and subsequent release/approval shall be the responsibility of the Contractor. be at the option ef the Highway Depai4fnent. 7.2 Suffolk County: All permits required for opening County roads and making connections with County drains will be obtained by the Owner. A copy of the permit, which must be kept on the job at all times, will be supplied to the Contractor. The Contractor will not be permitted to open any County road or make any connection to any County drain until he has been supplied with this permit. (a) Department of Public Works All permits required for opening County roads and making connections with County drains, will be obtained by the Owner. A Copy of the permit, which must be kept on the job at all times, will be supplied to the Contractor. The Contractor will not be permitted to open any County road or make any connection to any County drain until he has been supplied with this permit. The Contractor shall be responsible for conformance to all conditions of the permit and for the subsequent release/approval. (b) Department of Health Services: The Contractor shall be responsible for obtaining approvals pursuant to Health Department permits described in paragraph 7.1 A. GC - 5 GENERAL CONDITIONS 7.3 State of New York: The Contractor shall obtain all necessary New York State highway permits whenever the Contract requires any work to be done within or upon existing State highway right-of- ways. These permits shall be obtained from the District Office in Hauppauge prior to the performance of the work. Upon application for the permit, the Contractor will be required to supply the following: (1) Three (3) copies of a sketch or print showing description and location of the proposed work. The Engineer will supply these prints to the Contractor. (2) Contingent liability insurance for the State (in addition to his own liability insurance) shall be furnished in amounts and manner as required by the State of New York. The contingent protective liability and completed operations liability insurance policy to cover: "The people of the State of New York and/or the Superintendent of Public Works covering liability arising with respect to all operations through highway permits by permittee or by anyone acting by, through or for the permittee, including omissions and supervisory acts of the State", in the amount of personal injury(including death) and property damage as required. 8. PLANS AND SPECIFICATIONS: The Contractor will be furnished with five sets of Plans and Specifications giving all the details and dimensions necessary for carrying out the work. One copy of Plans and Specifications furnished to the Contractor must be kept constantly on the site. Anything shown on the Plans and not mentioned in the Specifications or mentioned in the Specifications and not shown on the Plans and all the work and materials necessary for the completion of the work according to the intent and meaning of the Contract shall be furnished, performed and done as if the same were both mentioned in the Specifications and shown on the Drawings. Any conflict or inconsistency between the Plans and Specifications, or any discrepancy between the figures and scale of Drawings, shall be submitted by the Contractor to the Engineer, whose decision thereon shall be conclusive. In the event the meaning of any portion of the Specifications or Drawings or any supplementary drawings or instructions of the Engineer is doubtful,the same shall be understood to call for the best type of construction, both as to materials and workmanship, which reasonably can be interpreted. All materials and workmanship must be strictly in accordance with the Specifications. The Plans show approximate size, arrangement and location of the proposed work. The Engineer will give base lines, grades, shapes and dimensions and the Contractor shall construct the work exactly in accordance with such instructions of, the Engineer subject, however, to change as provided for under the headings "Changes and Alterations" and "Compensation to be Paid to the Contractor". Additional copies of Plans and Specifications, when requested, will be furnished to the Contractor at cost of reproduction. The Contractor shall furnish to each of the subcontractors and materialmen such copies of the Contract Documents as may be required for their work. GC - 6 GENERAL CONDITIONS 9. CUTTING, PATCHING AND DIGGING: The Contractor shall do all cutting, fitting or patching of his work that may be required to make its several parts come together properly and fit it to receive or be received by work of other contractors shown upon or reasonably implied by Drawings and Specifications for the completed structure, and he shall make good after them as Engineer may direct. Any cost caused by defective or ill-timed work shall be borne by the party responsible therefor. The Contractor shall not endanger any work by cutting, digging or otherwise, and shall not cut or alter the work of any other contractor save with the consent of the Engineer. 10. ERRORS,OMISSIONS AND DISCREPANCIES: a) If any errors, omissions or discrepancies appear in the drawings, Specifications or other documents, the Contractor shall, within ten days from receiving such Drawings, Specifications or documents, notify the Engineer in writing of such errors or omissions. In the event of the Contractor's failing to give such notice, he will be held responsible for the results of any such errors or omissions and the cost of rectifying the same. b)-If, in the opinion of the Contractor, any work is shown on Drawings, or details, or is specified in such a manner as will make it impossible to produce a first class piece of work, or should discrepancies appear between the Drawings and/or Specifications, he shall refer the same to the Engineer for interpretation before proceeding with the work. If the Contractor fails to make such references to the Engineer, no excuse will thereafter be entertained for failure to carry out the work in satisfactory manner as directed. c) Should a conflict occur in or between the Drawings and Specifications and/or existing conditions, the Contractor shall be deemed to have estimated on the more expensive way of doing the work, unless he shall have asked for and obtained a decision in writing from the Engineer, before the submission of bids, as to which method or material will produce the results to the best interest of the Town. 11. TEMPORARY Ate& TOILET. The Genu-a^*^r shall p :de ^ ^ffi^P_ tF-A P_r fiq F by the tevffl and its Y-epfesefAatives. The tfailef shall be elifnale eepAfelledd —And have. a elean plan table, desk and ehair- pr-evided—inside. The Contractor shall provide and maintain a sanitary temporary toilet where directed by the Engineer. The temporary toilet shall be enclosed and weatherproof and kept in a sanitary condition at all times. Upon removal of the temporary outside toilet,the vault shall be disinfected, filled and all evidence of the toilet removed from the site. 12. PROPER METHOD OF WORK AND PROPER MATERIALS: The Engineer shall have the power in general to direct the order and sequence of the work, which shall be such as to permit the entire work under this Contract to be begun and to proceed as rapidly as possible and such as to bring the several parts of the work to a successful completion at about the same time. If at any time before the commencement or during the progress of the work the materials and appliances used or to be used appear to the Engineer as insufficient or improper for assuring the GC - 7 GENERAL CONDITIONS quality of the work required, or the required rate of progress, he may order the Contractor to increase their efficiency or to improve their character, and the failure of the Engineer to demand any increase of such efficiency or improvement shall not release the Contractor from his obligation to secure the quality of work or the rate of progress specified. During freezing or inclement weather, no work shall be done except such as can be done satisfactorily and in a manner to secure first-class construction throughout. All work shall be,done in such a manner as will properly protect and support existing permanent structures, pipe lines, etc. 13. INSPECTION: Inspectors shall be authorized to inspect all work done on materials furnished. Such inspections may extend to all parts of the work and to the preparation or manufacture of the materials to be used. In case of any dispute arising between the Contractor and the Inspector as to materials furnished or the manner of performing the work, the Inspector shall have the authority to reject material or suspend the work until the question at issue shall be referred to and decided by the Engineer. The Inspector shall not be authorized to revoke, alter, enlarge, relax or release any requirements of these Specifications, nor to approve or accept any portion of the work, nor to issue instruction contrary to the Plans and Specifications. The Inspector shall in no case act as foreman or perform other duties for the Contractor or interfere with the management of the work by the latter. Any advice, which the Inspector may give the Contractor, shall in no way be construed as binding the Engineer nor the Owner in any way nor releasing the Contractor from the fulfillment of the terms of the Contract. The Contractor shall be conclusively presumed to be acquainted with all existing conditions and to guarantee that all work and materials shall, upon final completion of the work, be turned over to the Owner in a complete and perfect condition and he shall be responsible for the proper care, maintenance and protection of all work and material until his entire Contract is completed and all work and materials found in good condition and accepted. The Contractor will be held responsible for the entire work until completed and accepted by the Engineer and the Owner. The Contractor shall, at all times,provide the Owners, Engineer, assistants and inspectors under him with necessary facilities for determining both on the work and at the places of manufacture, that all work being performed and all materials being manufactured are strictly in accord with the Contract. Until acceptance of work by the Owner, the Contractor shall be responsible for all damages to the work including action of the elements or any other cause whatsoever. The Contractor shall continuously and adequately protect the work against damage from any cause. 14. WAIVER: Neither the inspection by the Owner or Engineer or any part of their employees nor any order, measurement or certificate by the Engineer nor any order by the Owner for the payment of any money nor any payment for or acceptance of, the whole or any part of the work by the Engineer or the Owner nor any extension of time nor any possession taken by the Owner or its employees shall operate as a waiver of any provision of this Contract or of any power herein reserved to the Owner or any right to damages herein provided; nor shall any waiver of any breach of the Contract constitute a waiver of any subsequent breach. Any remedy provided in this Contract shall be construed as cumulative; that is in addition to each and every remedy herein provided. GC - 8 GENERAL CONDITIONS 15. WATER AND ELECTRIC POWER: All water and electric power supply for construction purposes must be provided by the Contractor. The cost shall be borne by the Contractor. 16. MACHINERY AND EQUIPMENT: All machinery, equipment, trucks and vehicles used in the prosecution of the work or in connection therewith, shall at all times be in proper working condition. The Contractor shall be responsible for curtailing noise, smoke, fumes or any other nuisance resulting from his operations. He shall, upon written notification from the Engineer, make any repairs, replacements, adjustments, additions, and furnish mufflers when necessary to fulfill these requirements. 17. MAINTENANCE: If, within one year from the date of issuance of the Final Certificate, any portion of the work shall, in the opinion of the Owner, require repairing, replacing, or rebuilding,the Contractor shall start such repairs within five (5) days after the receipt of notice from the Owner, and if the Contractor shall fail or neglect to start such repairs within the said five (5) days, the Owner may employ such other person or persons as they deem proper to make such repairs and pay the expense thereof out of any sum retained by them, provided nothing herein contained shall limit the liability of the Contractor or his Surety to the Owner for nonperformance of the Contractor's obligations at any time. 18. SCHEDULE OF OPERATIONS: Within 5 days after the signing of the Contract, the Contractor shall submit a proposed program of operations, showing clearly how he proposes to conduct the work so as to bring about the completion of his work within the time limit specified. This program shall outline the proposed sequence of operations, the rates of progress and the dates when his work will be sufficiently advanced to pen-nit the installation of work under this Contract. 19. RIGHT TO USE WORK: The Owner may enter upon and use the whole or any portion of the work, which may be in condition to use any time previous to its final acceptance by the Owner. Such use shall not constitute or be evidence of acceptance by the Owner or the Engineer of the whole or any part of the material furnished or work performed under the Contract. 20. NOTICE OF WARNING: If the Contractor shall fail to make prompt payment to persons supplying labor or materials for the work, or refuse or fail to supply enough properly skilled workmen or proper materials or refuse or fail to prosecute the work or any part thereof with such diligence as will insure its completion within the period herein specified (or any duly authorized extension thereof) or fail to complete the work within said period or fail or refuse to regard laws, ordinances, codes, instructions of the Engineer, then the Engineer shall forward by registered mail to the Contractor, at the address given in the Contract, a Notice of Warning, and in the event the Contractor fails to comply with said Notice of Warning within five (5)days from receipt thereof,the Owner shall have the right to terminate the Contract. 21. WARNING SIGNS: Contractor shall provide and maintain proper luminous warning and detour signs where directed by the Engineer. Obstructions such as stored materials, equipment and excavations shall be marked with not less than two lights, which shall be not more than,4 feet apart. All lights shall be kept burning from one-half hour before sunset to until one-half hour after sunrise. GC - 9 GENERAL CONDITIONS 22. ACCIDENT PREVENTION: During the performance of the work, the Contractor,'.shall exercise all reasonable precautions for the protection of persons and property. The safety provisions of applicable laws, building and construction codes shall be observed. Machinery, equipment and all other physical hazards shall be guarded in accordance with the safety provisions of the Manual of Accident Prevention in Construction published by the Associated General Contractors of America to the extent that such provisions are not inconsistent with Federal, State or Municipal laws or regulations. If any operation, practice or condition is deemed by the Engineer to be unsafe, he shall notify the Contractor in writing to take corrective action. Where, in the opinion of the Engineer, any operation, practice or condition shall be promptly discontinued and before the affected part of the work is resumed, remedial action taken. The Owner reserves the right to remedy any neglect on the part of Contractor as regards the protection of the work which may come to its attention, after 24 hours' notice in writing; except that in cases of emergency it shall have the right to remedy any neglect without notice, and in either case to deduct the cost of such remedy from money due the Contractor. Nothing in the foregoing paragraphs shall be construed as relieving the Contractor from full responsibility at all times for safe prosecution of the work. 23. DAMAGES: The Contractor shall pay and make good all losses or damages arising out of any cause connected with the Contract and shall indemnify and save harmless the Owner from any and all claims and any and all liability or responsibility of every nature and kind for any loss, damage or injury which may be brought against the Owner or any of its officers or agents, by reason of, or connected with the work or materials furnished under the Contract and shall pay all costs and expenses of every kind, character, and nature whatever, occurring upon or arising out of the Contract. 24. MAINTENANCE OF TRAFFIC: All work under this Contract is to be completed within the time indicated in the Contract Agreement or as extended by the Owner. If in the meantime it should become necessary, because of the lateness of the season, or any other reason to stop the work, the Contractor shall at his own expense, open proper drainage ditches, erect temporary structures where necessary, prepare the roads so there will be minimum interference with traffic, set up and maintain a competent organization as directed by the Engineer, to keep the highways in first class condition for traffic, and take every precaution to prevent any damage or unreasonable deterioration of the work during the time it is closed. 25. FINAL SITE CLEARING: Before final payment will be approved, the Contractor shall prepare the construction areas as follows: All basins, manholes and pipe as constructed shall be cleaned free from accumulated construction dirt, silt, form work, etc., and all proper restoration as called for in the items of the Specifications shall be complete in every detail. The Contractor shall clean all construction areas free from accumulated forms, excavation fill, construction material's and construction shanties. All areas shall be completed in every detail and shall be broom cleaned from excess dirt and materials. GC - 10 GENERAL.CONDITIONS 26. PROTECTION OF LAND MARKERS, TREES, SHRUBS, AND PROPERTY: Wherever in the conduct of the work, a monument marking a point of public or private survey is encountered or brought to view by excavation, the fact shall at once be communicated to the Engineer. In no case shall the Contractor remove the same until the location for resetting shall have been made by the Engineer. All monuments or land markings exposed to view when the work is first undertaken shall be carefully preserved and the greatest care exercised to prevent injury to or disturbance of position of the same. The unit price of all items shall include the cost of restoring to its former condition any sidewalks or curbs, as well as restoring any trees, shrubs or lawns that may be damaged during this construction. No additional payment will be made. The Contractor is required at his own expense to obtain any and all permits for use of private property if he uses such property for storage, transportation or accomplishment of the work under the Contract. Private property shall be cleaned up neatly, any damage repaired and premises restored to their original condition. 27. PROTECTION OF UTILITIES: The Contractor shall familiarize himself with the existence of structures of municipal and other public service corporations on or adjoining the site of the work, and give reasonable opportunity to and cooperation with the owners of these utilities in the work of reconstructing or altering them. Such reconstruction and alteration shall be so conducted as to delay or interfere as little as practicable with the work of the Contractor. Any additional cost of various items of work because of these utilities shall be included in the price bid for these items. The Engineer shall direct the public utility corporations to shift or remove those utility structures that may be necessary to permit the Contractor to carry out the work in accordance with the Plans. The Contractor shall not remove or cause to be removed, any structure or part of a structure owned by a public utility corporation without the approval of the Engineer. The Contractor shall cooperate with the public utility corporation whose structures (aerial, surface or subsurface) are within the limits of or along the outside of the right-of-way, to make it possible for them to maintain uninterrupted service. The Contractor shall conduct his operations in such a way as to delay or interfere as little as practicable with the work of the utility corporation. 28. NO DAMAGES FOR DELAY: Notwithstanding any other provisions to this Contract, the Contractor agrees to make no claim for damages for delay in the performance of this Contract occasioned by any act of the Town or any of its representatives, and agrees that any such claim shall be fully compensated for by an extension of time to complete performance of the work as provided herein. This provision shall not apply to any act or omission to act of the Town or any of its representatives, wherein the same is done in bad faith and with deliberate intent to delay the Contractor in the performance of this Contract. 29. RECORD KEEPING: The Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance under this contract (hereinafter the "records"). The records must be kept for the balance of the contract term and for six (6) years thereafter. GC - 11 GENERAL CONDITIONS 30. SUBCONTRACTORS AND SUPPLIERS: Within five days after receipt from the Engineer of notice to begin work, the Contractor will furnish written notice of names of all subcontractors to be employed on the project and the general items of work to be done by them. Simultaneously, the Contractor shall furnish written notice of the names of suppliers of materials to be used on the project. The Owner may disapprove for good cause any subcontractor or material supplier selected by the Contractor by giving written notice of its disapproval within five (5) days after receiving the names of subcontractors and material suppliers, to the Contractor who shall thereupon promptly notify the Owner of the names of the subcontractor or material supplier selected in replacement which shall again be subject to approval by the Owner. 31. PENAL LAW: Attention is called to Section 1918 of the Penal Law as follows: Construction or blasting near pipes conveying combustible gas No person shall discharge explosives in the ground, nor shall any person other than a state or county employee regularly engaged in the maintenance and repair thereof excavate in any then existing street, highway, or public place; unless notice thereof in writing shall. have been given at least seventy-two hours in advance to the person, corporation or municipality engaged in the distribution of gas in such territory. The person having direction or control of such work shall give such notice, and further he shall ascertain whether there is within one hundred feet in such street, highway or public place, or in the case of a proposed discharge of explosives within a radius of two hundred feet of such discharge, any pipe of any other person, corporation or municipality conveying combustible gas, and if thereby any such pipe, he shall also give such notice to any other such person, corporation or municipality. Provided, however, that in any emergency involving danger to life, health, or property it shall be lawful to excavate without using explosives if the notices prescribed herein are given as soon as reasonably possible, and to discharge explosives to protect a person or persons from an immediate and substantial danger of death or serious personal injury if such notices are given before any such discharge is undertaken. Any such work shall be performed in such manner as to avoid danger to any pipe conveying combustible gas. Any violation of the provisions of this section shall be a misdemeanor. GC - 12 CONDITIONS:OF CONTRACT INDEX 1. Contract Documents and Definitions 2 Scope of the Work 3 Compensation to be paid to the Contractor 4. Time of Essence 5. Commencement of Work 6. Time of Completion 7. Liquidated Damages for Delays 8. Extension of Time. No Waiver 9. Weather 10. G, ntr-aet SeeuF4y IL Laws and Ordinances 12 Qualifications for Employment 13. Non-Discrimination 14. Payment of Employees 15. Estimates and Payments 16. Acceptance of Final Payment Constitutes Release 17. Construction Reports 18. Inspection and Tests 19. Plans and Specifications: Interpretations 20. Subsurface Conditions Found Different 21. Contractor's Title to Materials 22. Superintendence by Contractor 23. Protection of Work,Persons and Property 24. Representations of Contractor 25. Patent Rights 26. Authority of the Engineer 27. Changes and Alterations 28. Correction of Work 29. Weather Conditions 30. The Owner's Right to Withhold Payments 31. The Owner's Right to Stop Work or Terminate Contract 32. Contractor's Right to Stop Work or Terminate Contract 33. Responsibility for Work 34. Use of Premises and Removal of Debris 35. Suits of Law 36. Power of the Contractor to Act in an Emergency 37. Provisions Required by Law Deemed Inserted 38. Subletting, Successor and Assigns 39. General Municipal Law Clause 40. Grades, Lines,Levels,and Surveys 41. Insurance Requirements 42. Foreign Contractors 43. Lien Law 44. Refusal to Waive1mmunity 45. Exemption from Sales and Use Tax CC - I CONDITIONS OF CONTRACT 1. CONTRACT DOCUMENTS AND DEFINITIONS The Notice to Bidders, Instructions to Bidders, Proposal Form, Conditions of Contract, General Conditions, Specifications, Form of Contract, Construction Drawings, together with any Addenda, shall form part of this Contract, and the provisions thereof shall be as binding upon the parties hereto, as if they were herein fully set forth. The table of contents, titles, heading, headlines, and marginal notes contained herein are solely to facilitate reference to various provisions of the Contract Documents and in no way affect, limit or cast light upon the interpretation of the provisions to which they refer. Whenever the term "Contract Documents" is used, it shall mean and include the Notice to Bidders, Instructions to Bidders, Proposal Form, Conditions of Contract, General Conditions, Specifications, Form of Contract, Construction Drawings and any Addenda. In case of any conflict or inconsistency between the provisions of the Contract and those of the Specifications,the provisions of this Contract shall govern. Extra Work: The term "extra work", as used herein, refers to and includes all work required by the Owner, which in the judgment of the Engineer involves changes in or additions to work required by the Plans, Specifications and any Addenda in their present form and which is not covered by a specific unit price in the Form of Bid. Subcontractor: The term "subcontractor" shall mean any person, firm, or corporation supplying labor and material for work at the site of the project but not including the parties to this Contract. Notice: The term "notice", as used herein, shall mean and include written notice. Written notice shall be deemed to have been duly served when delivered to, or at last known business address of, the person, firm or corporation for whom intended, or his, their, or its duly authorized agents, representatives, or officer, or when enclosed in a postage prepaid wrapper or envelope addressed to such person, firm or corporation at his, their or its last known business address and deposited in a United States mailbox. Directed, Required, Approved, Acceptable: Whenever they refer to the work or its performance, "directed", "required", "permitted", "ordered", "designated", "prescribed", and words of like import shall imply the direction, requirement, permission, order, designation or prescription of the Engineer, and "approved", "satisfied", or "satisfactory", "in the judgment of', and words of like import, shall mean approved, or acceptable to, or satisfactory to, or in the judgment of the Engineer. 2. SCOPE OF THE WORK The Contractor will furnish all plant, labor, materials, supplies, equipment and other facilities and things necessary or proper for, or incidental to, the work contemplated by this Contract as required by, and in strict accordance with the applicable Plans, Specifications and Addenda prepared by the Engineer and/or required by, and in strict accordance with, such changes as are ordered and approved pursuant to this Contract, and will perform all other obligations imposed on him by this Contract. CC - 2 .CONDITIONS-OF CONTRACT 3. COMPENSATION TO BE PAID TO THE CONTRACTOR (a) Agreed Prices: It is understood and agreed that the Contractor will accept as payment in full the summation of products of the actual quantities in place upon the completion of the work, as determined by the Engineer's measurements, by the unit prices bid, no allowance being made for anticipated profit or for reasons of variations from the estimated quantities set forth in the Form of Bid. (b) Extra Work: The Owner may, at any time, by a written order and without notice to the Sureties, require the performance of such extra work or changes in the work as it may find necessary or desirable. The amount of compensation to be paid to the Contractor for any extra work, as so ordered, shall be determined as follows: 1) By such applicable unit prices, if any, as set forth in the Contract; or 2) If no such unit prices are set forth, then by unit price or by a lump sum mutually agreed upon by the Owner and the Contractor; or 3) If no such unit prices are so set forth and if the parties cannot agree upon unit prices or a lump sum; then by actual net cost in money to the Contractor of the materials, permits, wages of applied labor, premiums for Workmen's Compensation Insurance, payroll taxes required by law, rental for plant and equipment used (excluding small tools) to which total cost will be added twenty (20) percent as full compensation for all other items of profit, costs and expenses, including administration, overhead, superintendence, insurance, insurance other than Workmen's Compensation Insurance, materials used in temporary structures, allowances made by the Contractor to subcontractors, additional p ^ the pef ,...,anee bond of the cent + " and the use of small tools. 4. TIME OF ESSENCE INASMUCH AS THE PROVISIONS OF THIS CONTRACT RELATING TO THE TIME OF PERFORMANCE AND COMPLETION OF THE WORK ARE FOR THE PURPOSE OF ENABLING THE TOWN TO PROCEED WITH THE CONSTRUCTION OF A PUBLIC IMPROVEMENT IN ACCORDANCE WITH A PREDETERMINED PROGRAM, SUCH PROVISIONS ARE OF THE ESSENCE OF THIS CONTRACT. 5. COMMENCEMENT OF WORK The Contractor agrees that he will commence work immediately on and not later than ten (10) days after signing of the Contract. 6. TIME OF COMPLETION The time of completion of the entire contract work shall be ONE HUNDRED AND TWENTY (120) CONSECUTIVE CALENDAR DAYS from the date the contract is signed by all parties. The date of such completion shall be the date of the Certification of Completion herein specified. The entire work must be satisfactorily completed so that the project improvements are available to the Town for use. CC - 3 CONDITIONS OF CONTRACT The Owner reserves the right to order the Contractor to suspend operations, when in the opinion of the Engineer, improper weather conditions make such action advisable, and to order the Contractor to resume operations when weather and ground conditions permit. The days during which such suspension of work is in force are not chargeable against the specified completion date. 7. LIQUIDATED DAMAGES FOR DELAYS The time limit being essential to and of the essence of this Contract, the Contractor hereby agrees that the Owner shall be, and is hereby authorized to deduct and retain out of the money which may be due or may become due to said Contractor under this agreement, the sum of One Thousand Five Hundred ($1,500.00) per day which amount is hereby agreed upon, fixed and determined by the parties hereto as the liquidated damages, including overhead charges, services, inspector's wages and interest on the money invested, that the Owner will suffer by reason of such default, for each and every day during which the aforesaid work may be incomplete over and beyond the time herein stipulated for its completion in 6 - Time of Completion, provided, however,that the Owner shall have the right to extend the time for the completion of said w6rk. 8. EXTENSIONS OF TIME. NO WAIVER If the Contractor shall be delayed in the completion of his work by reason of unforeseeable causes beyond his control and without his fault or negligence, including but not restricted to;acts of God or of the public enemy, fires, floods, epidemics, quarantine restrictions, strikes, riots,,civil commotion's or freight embargoes, the period herein above specified for completion of his work shall be extended by such time as shall be fixed by the Owner. No such extension of time shall be considered a waiver by the Owner of its right to terminate the Contract for abandonment or delay by the Contractor as hereinafter provided, or relieve the Contractor from full responsibility for performance of his obligations hereunder. 9. WEATHER During unsuitable weather, all work must stop when such work would be subject to injury' and the Contractor shall transfer his men and materials to those parts of the work where weather conditions will not have any effect on the workmanship. The Contractor shall not be entitled to any damages on account of such damages or suspension, and he must protect any work that might be injured by the elements and make good any work that is injured. 10. CONTRACT CT S Ct4UTV Bond, > equal to onehundred per-eent 0 ) of the afneunt of the bid as seeur-ity for- the faitliful per-fe�anee of GepAr-aet, and feF the payment of all per-sons peffiafming labor- or- fumishing fna4er-ials in eepmeetion with this Gentr-aet. The Per-fefmaflee Bond shall be vaitten so as to r-ema-ifl ifl. ffifflii foree and effeet as a maintenanee bond for- a per-ied of not less than one (11) year-after-the date of aeeeptanee of the wedE by the Engineer-. CC - 4 COND.IT.IONS-OF CONTRACT (b) Additional of Substitute Bond: if at any time the Oyffler- shall be or beeeme dissatisfied wit an), sur-ety of sufeties, or- if for- any other-reason sueh bond shall Gease to be adeq 4-0 the Ownef, the Cenlr-aetef shall within five (5) days after- notiee ffom the Ovaler- to do se-, satisfaetof�,to the Ovmen The p 3ueh bonds shall be made until the new sur-ety shall have been qualified. 11. LAWS AND ORDINANCES In the execution of the Contract, the Contractor shall comply and obey all federal, state, county and local laws, ordinances, codes and regulations relating to the performance of the Contract, including but not limited to, labor employed thereon, materials supplied, obstructing streets and highways, maintaining signals, storing, handling and use of explosives and all other general ordinances and state statutes affecting him or his employees or his work hereunder in his relations with the Municipality or any other persons, and also all laws, codes, ordinances controlling or limiting the Contractor while engaged in executing the work under the Contract. As a condition of the Contract, the Contractor shall and does hereby agree to comply with all requirements of the labor laws of the State of New York. The Contractor shall comply with the provisions of Sections 291- 299 of the Executive Law and Civil Rights Law, shall furnish all information and reports deemed necessary by the State Commission for Human Rights, the Attorney General and the Industrial Commissioner for purposes of investigation to ascertain compliance with such sections of the Executive Law and Civil Rights Law. The Contract may be forthwith cancelled, terminated or suspended, in whole or in part, by the contracting agency upon the basis of a finding made by the State Commission for Human Rights that the Contractor has not complied with these laws. The Contractor hereby expressly agrees to comply with all the provisions of the Labor Law and any and all amendments thereto, insofar as the same are applicable to this Contract. The Labor Law, as amended, provides that no laborer, workman or mechanic in the employ of the Contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by this Contract, shall be permitted or required to work more than eight (8) hours in any one (1) calendar day, except in cases of extraordinary emergency caused by fire, flood or danger to life or property; that no such person shall be employed more than eight (8) hours in any day or more than five (5) days in any week expect in such emergency; that the wages to be paid for a legal day's work as herein before defined, to laborers, workmen or mechanics upon the work called for under this Contract or upon any material used upon, or in connection therewith, shall not be less than the prevailing rate for a day's work in the same trade or occupation in the locality within the state where such work is to be done and each laborer, workman or mechanic employed by the Contractor, subcontractor or other person about or upon the work shall be paid the wages herein provided; that employees engaged in the'construction maintenance, and repair of highways and in water works construction outside the limits of cities CC - 5 CONDITIONS OF CONTRACT and villages are no longer exempt from the provisions of the Labor Law which require the payment of the prevailing rate of wages and the eight(8)hour day. Section 222 of the Labor Law, as amended by Chapters 556 and 557 of the Laws of 1933, provides that preference in employment shall be given to citizens of the State of New York who have been residents of Suffolk County for at least six (6) consecutive months immediately prior to the commencement of their employment. Each person so employed shall furnish satisfactory proof of residence in accordance with rules adopted by the Industrial Commissioner. Persons other than citizens of the State of New York shall be employed only when such citizens are not available. Section 222 further provides that upon the demand of the State Industrial Commissioner, the Contractor shall furnish a list of names and addresses of all his subcontractors and further provides that a violation of this section shall constitute a misdemeanor and shall be punishable by a fine of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00) or by imprisonment for not less than thirty nor more than ninety days, or both fine and imprisonment. Section 220-A of the Labor Law, as amended by Chapter 472 of the Laws of 1932, provides that before payment is made by or on behalf of the State of any city, county, town or village or other civil division of the state of any sums due on account of a contract for a public improvement, it is the duty of the Comptroller or the financial officer of the Municipal Corporation to require the Contractor and each and every subcontractor to file a certified statement in writing, in satisfactory form, certifying to the amounts then due and owing to any and all laborers for daily or weekly wages on account of labor performed upon the work of the Contractor, setting forth therein the names of the persons whose wages are unpaid and the amount due each respectively. Section 220-B of the Labor Law, as so amended, provides that any interested person who shall have previously filed a protest in writing objecting to the amounts due or to become due to him for daily or weekly wages for labor performed on the public improvement for which the Contract was entered into, or if for any reason, it may be deemed advisable, the Comptroller of the State or financial officer of the Municipal Corporation may deduct from the whole amount of any payment on account thereof of the sums or sum admitted by any contractor or subcontractor in such statement or statements so filed to be due and owing by him on account of labor performed and may withhold the amount so deducted for the benefit of the laborers for daily or weekly wages, whose wages are unpaid as shown by the verified statements filed by any contractor or subcontractor and may pay directly to any person the amount or amounts so shown to be due for such wages. Section 220-C of the Labor Law, as so amended, provides the penalty for making of a false oath or verification. Section 220-D of the Labor Law provides that the advertised Specifications for every contract for the construction, reconstruction, maintenance and/or repair of highways to which the State, county, town and/or village is a party shall contain a provision stating the minimum rate of hourly wage that can be paid, as shall be designated by the Industrial Commissioner, to the laborers employed in the performance of the Contract either by the Contractor, subcontractor or other person doing or contracting to do the whole or part of the work contemplated by the CC - 6 CONDI-TIONS OF CONTRACT Contract, and the Contract shall contain a stipulation that such laborers shall be paid not less than such hourly minimum rate of wage. Any person or corporation that willfully pays, after entering into such Contract, less than such stipulated minimum hourly wage scale shall be guilty of a misdemeanor and upon conviction, shall be punished for a first offense by a fine of Five Hundred Dollars ($500.00) or by imprisonment for not more than thirty (30) days, or both by fine and imprisonment; for a second offense by a fine of One Thousand Dollars ($1,000.00) and in addition thereto, the Contract on which the violation has occurred shall be forfeited, and no such person or corporation shall be entitled to receive any sum nor shall any officer, agent or employee of the State pay the same or authorize its payment from the funds under his charge or control to any person or corporation for work done upon any contract, on which the Contractor has been convicted of second offense in violation of the provisions of this section. The minimum wage rates established by the Industrial Commissioner, State of New York, for this Contract are set forth herein above as part of"Instructions to Bidders". 12. QUALIFICATIONS FOR EMPLOYMENT No person under the age of sixteen(16)years and no person currently serving sentence in a penal or correctional institution shall be employed to perform any work on the project under this Contract. No person whose age or physical condition is such as to make his employment dangerous to his health or safety or to the health or safety of others, shall be employed to perform any work on this project; provided, however, that such restrictions shall not operate against the employment of physically handicapped persons, otherwise employable, where each person may be safely assigned to work which they can ably perform. 13. NON-DISCRIMINATION There shall be no discrimination because of'race, creed, color, national origin, age or sex in the employment of persons for work under this Contract, whether performed by the Contractor or any subcontractor. Neither shall the Contractor and subcontractor or any person acting on behalf of the Contractor or subcontractor discriminate in any manner against or intimidate any employee hired for the performance of work under this Contract on account of race, creed, color, national origin, age or sex. There may be deducted from the amount payable to the Contractor by the Owner under this Contract a penalty of Five Dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of this paragraph; provided that for a second or any subsequent violation of the terms of this paragraph, this Contact may be canceled or terminated by the Owner and all monies due or to become due hereunder may be forfeited. 14. PAYMENT OF EMPLOYEES The Contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this Contract in full (less deductions made mandatory by law) in cash or company check and not less often than once each week. CC - 7 CONDITIONS OF CONTRACT 15. ESTIMATES & PAYMENTS . (a) Monthly: At the end of each calendar month during the progress of the work, the Engineer shall make an approximate estimate of the work satisfactorily done, based upon the prices set forth in the Proposal Form. In consideration of the work done,the Owner will pay or cause.to be paid to the Contractor the amount estimated by the Engineer as due him less five (5)percent.' The making of any such estimate or payment made thereon shall not be taken or construed as an acceptance by the Owner of any work so estimated and paid for. The five percent (5%) of the amount of the monthly estimate remaining unpaid will be retained by the Owner as a guarantee that the Contractor will faithfully and completely fulfill all obligations imposed by the Contract and Specifications, and against any damages caused the Owner by reason of any failure on the part of the Contractor to fulfill all conditions and obligations herein contained. (b) Final Estimate: One month after the completion and acceptance of the work specified and contracted for, the Engineer will make a final estimate of all the work done. Thereafter, the Owner will pay the full amount, less prior payments, less any amounts retained to complete the work according to the provisions of the Specifications, less any money paid by the Owner by reason of said Contractor having failed to carry out faithfully and completely all the obligations and requirements herein contained. Upon final settlement, according to the conditions herein specified and not until such settlement shall have been made, will the Contractor be relieved from the obligations assumed in the Contract. (c) Measurement for Payment: The Engineer shall make due measurement of work done during the progress of the work and his estimate shall be final and conclusive evidence of the amounts of work performed by the Contractor under, and by virtue of, this agreement and shall be taken as full measure of compensation to be received by the Contractor. When requested by the Contractor, the Engineer shall measure, re-measure or re-estimate any portion of the work, but the expense of such re-measurement or re-estimating shall, unless material error is proved, be paid for by the Contractor. (d) No payments will be made for materials delivered to the site which have not been incorporated into the work. (e) Contractors and subcontractors are required to submit to the Town, within thirty days after issuance of the first payroll, and every thirty days thereafter, a transcript of the original payroll record, subscribed and affirmed as true under the penalties of perjury. CC - 8 -.,CONDITIONS OF CONTRACT 16. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE The acceptance by the Contractor of the final payment shall be, and shall operate as a release to the Owner from all claims and all liabilities to the Contractor for all the things done or furnished in connection with this work and for every act and neglect of the Owner and others relating to or arising out of, this work, excepting the Contractor's claims for interest upon the final payment, if this payment be improperly delayed. No payment, however, final or otherwise, shall operate to release the Contractor or his sureties from any obligations under this Contract or the De"f"anee Bond. 17. CONSTRUCTION REPORTS The Contractor shall submit to the Engineer prior to commencing any work under this Contract, a detailed schedule and plan of operations indicating the manner in which the Contractor proposes to prosecute the work and a time schedule therefor. Such schedules are not intended to bind the Contractor to a pre-determined plan or procedure, but rather to enable the Engineer to coordinate the work of the Contractor with work required of, and to be performed by others. The detailed schedule shall include a list of the subcontractors and material suppliers he proposes to use on the work. The Contractor shall furnish the Engineer with periodic estimates for partial payments as required elsewhere in the Contract Documents, and in addition thereto will furnish the Engineer with a detailed estimate for final payment. Prior to being eligible to receive the final payment under this Contract, the Contractor shall furnish the Engineer with substantial proof that all bills for services rendered and materials supplied have been paid. The enumeration of the above reports in no way relieves the Contractor of his responsibility under existing Federal or State Laws of filing such other reports with agencies as may be required by such existing laws or regulations. 18. INSPECTION AND-TESTS All material and workmanship shall be subject to inspection, examination and test by the Engineer at any time during the construction and at any and all places where manufacturing of materials used and/or construction is carried on. Without additional charge, Contractor shall furnish promptly all reasonable facilities, labor and materials necessary to make any tests required by the Engineer and/or required by the Specifications. If at any time before final acceptance of the entire work, the Engineer considers' necessary or advisable an examination of any portion of the work already completed, by removing or tearing out the same, the Contractor shall upon request, furnish promptly all necessary facilities, labor and materials for such examination. If such work is found to be defective in any material CC - 9 CONDITIONS OF CONTRACT respect, due to the fault of the Contractor or any subcontractor, or if any work shall be covered over without the approval or consent of the Engineer, whether or not the same shall be defective, the Contractor shall be liable for the expense for such examination and of satisfactory reconstruction. If, however, such approval and consent shall have been given and such work is found to meet the requirements of this Contract, the Contractor shall be recompensed for the expense of such examination and reconstruction in the manner herein provided for the payment of cost of extra work. The selection of laboratories and/or agencies for the inspection and tests of supplies, materials or equipment shall be subject to the approval of or designated by the Owner. Satisfactory documentary evidence that the material has passed the required inspection and tests must be furnished to the Engineer prior to the incorporation of the material in the work. Any rejected work will be removed from the site of the project completely at the expense of the Contractor. 19. PLANS AND SPECIFICATIONS: INTERPRETATIONS The Contractor shall keep at the site of the work one copy of the Plans and Specifications signed and identified by the Engineer. Anything shown on the Plans and not mentioned in the Specifications or mentioned in the Specifications and not shown in the Plans shall have the same effect as if shown or mentioned in both. In case of any conflict or inconsistency between the Plans and Specifications, the Specifications shall govern. Any discrepancy between the figures and drawings shall be submitted to the Engineer whose decision thereon shall be conclusive., 20. SUBSURFACE CONDITIONS FOUND DIFFERENT Should the Contractor encounter subsurface conditions at the site materially differing from those shown on the Plans or indicated in the Specifications, he shall immediately give notice to the Engineer of such conditions, before they are disturbed; the Engineer shall thereupon promptly investigate the conditions and if he finds that they materially differ from those shown on the Plans or indicated on the Specifications, he shall at once make such changes in the Plans and/or Specifications as he may find necessary. Any increase or decrease of cost resulting from such changes will be adjusted in the manner provided herein for adjustment as to extra and/or additional work and changes. 21. CONTRACTOR'S TITLE TO MATERIALS No materials or supplies for the work shall be purchased by the Contractor or any subcontractor subject to any chattel mortgage or under a conditional sale or other agreement by which an interest is retained by the seller. The Contractor warrants that he has good title to all materials and supplies used by him in the work. CC - 10 _COND.ITIONS_OF CONTRACT 22. SUPERINTENDENCE BY CONTRACTOR At the site of the work, the Contractor shall give his constant, personal attention to`the work or employ a construction superintendent or foreman who shall have full authority to act for the Contractor. It is understood that such representative shall be acceptable to the Engineer and shall be one who can be continued in that capacity for the particular job involved unless he ceases to be on the Contractor's payroll. The Contractor's superintendent and foreman must be able to read and speak the English language. 23. PROTECTION OF WORK,PERSONS AND PROPERTY Precaution shall be exercised at all times for the proper protection of all persons, property and work. The Contractor shall give notice to the owners of utilities which may serve the area and request their assistance in predetermining the location and depth of various pipes, conduits, manholes, and other underground facilities. The safety provisions of applicable laws, building and construction codes shall be observed. Machinery, equipment and all hazards shall be guarded or eliminated in accordance with the safety provisions of the Manual of Accident Prevention in Construction published by the Associated General Contractors of America, to the extent that such provisions are not in contravention of applicable law. The Contractor shall furnish entirely at his own expense any and all additional safety measures deemed necessary by the Owner or his Engineer to adequately safeguard the traveling public. The Contractor shall, at all hours of the day, safely guard and protect his own work and adjacent property from any damage and shall replace or make good any such damage, loss or injury, unless such be caused directly by errors contained in the Contract Documents, or by the Owner or its duly authorized representatives. The Contractor shall provide and maintain such watchmen, barriers, lights, flares and other signals at his own expense, as will effectively prevent any accident in consequence of his work for which the Owner might be liable. The Contractor shall be liable for all injuries or damage caused by his act or neglect, or that of his employees. The Contractor shall take particular care to avoid the blocking of fire hydrants, fire alarm boxes, letterboxes,traffic signals or other visible devices maintained for the use of the public. 24. REPRESENTATIONS OF CONTRACTOR The Contractor represents and warrants: (a) That he is financially solvent and that he is experienced in, and competent to, perform the type of work involved under this Contract and able to furnish the plant,'materials, supplies and/or equipment to be furnished for the work; and (b) That he is familiar with all Federal, State and Municipal Law, ordinances and regulations which may in any way affect the work of those employed hereunder, including but'not limited to any special acts relating to the work; and CC - 11 CONDITIONS OF CONTRACT (c) That such work required by these Contract Documents as is to be done by him can be satisfactorily constructed and used for the purpose for which is intended and that such construction will not injure any person or damage any property; and (d) That he has carefully examined the Plans, Specifications and the site of the work, and that from his own investigations he has satisfied himself as to the nature and location of the work, the character, location, quality and quantity of surface and subsurface materials, structures and utilities likely to be encountered, the character of equipment and other facilities needed for the performance of the work, the general local conditions which may in any way affect the work or its performance. 25. PATENT RIGHTS As part of his obligation hereunder and without any additional compensation, the Contractor will pay for any patent fees or royalties required in respect to the work or any part thereof and will fully indemnify the Owner or his Engineer for any loss on account of any infringement of patent rights unless prior to his use in the work a particular process or a product of a particular manufacturer he notifies the Engineer in writing that such process or product is an infringement of a patent. 26. AUTHORITY OF THE ENGINEER In the performance of the work, the Contractor shall abide by all orders and directions and requirements of the Engineer and shall perform work to the satisfaction of the Engineer, at such time and places, by such methods, and in such manner and sequence as he may require. The Engineer shall determine the amount, quality, acceptability, and fitness of all parts of the work, shall interpret the Plans, Specifications, Contract Documents and any extra work orders and shall decide all other questions in connection with the work. Upon request, the Engineer shall confirm in writing any oral orders, directions, requirements or determinations. The enumeration herein or elsewhere in the Contract Documents of particular instance in which the opinion, judgment, discretion or determination of the Engineer shall control or in which work shall be performed to his satisfaction or subject to his approval or inspection, shall not imply that only matters similar to those enumerated shall be so governed and performed, but without exception all the work shall be governed and so performed. 27. CHANGES AND ALTERATIONS The Owner, upon the Engineers recommendation, reserves the right to make alterations in location, line, grade, plan, form or dimensions of the work, or any part thereof, either before or after the commencement of construction. If such alterations diminish the amount of work to be done, no claim for damages or anticipated profits will be warranted on the work, which may be dispensed with. If such alterations increase the amount of work, such increases shall be paid for according to the quantity of work actually done and at the prices for such work as contained in the schedule of prices. CC - 12 - CON.DITIONS OF CONTRACT 28. CORRECTION OF WORK All work and all materials whether incorporated into the work or not, all processes of manufacture and all methods of construction shall be at all times and places subject to the inspection of the Engineer who shall be the final judge of quality, materials, processes of manufacture and methods of construction suitable for the purpose for which they are used. Should they fail to meet his approval, they shall be forthwith reconstructed, made good and replaced and/or corrected as the case may be, by the Contractor, at his own expense. If, in the opinion of the Engineer, it is not desirable to replace any defective or damaged materials or to reconstruct or correct any portion of the work injured or not performed in accordance with the Contract Documents, the compensation to be paid to the Contractor hereunder shall be reduced by such amount as in the judgment of the Engineer shall be equitable. The Contractor expressly warrants that his work shall be free from any defects in materials or workmanship and agrees to correct any defects, which may appear within one year following the final completion of the work. Neither the acceptance of the completed work nor payment therefor shall operate to release the Contractor or his sureties from any obligations under or upon this Contract of the Per- ^�anee Bond-. 29. WEATHER CONDITIONS In the event of temporary suspension of work or during inclement weather or whenever the Engineer shall direct, the Contractor will, and will cause his subcontractors to protect carefully his and their work and materials against damage or injury from the weather. If in the opinion of -the Engineer any work or material shall have been damaged or injured by reason of failure on the part of the Contractor or any of his subcontractors to protect his or their work, such work and materials shall be removed and replaced at the expense of the Contractor. 30. THE OWNER'S RIGHT TO WITHHOLD PAYMENTS The Owner may withhold from the Contractor so much of any approved payments due him as may, in the judgment of the Owner,be necessary: (a) To assure the payment of just claims then due and unpaid of any persons supplying labor or materials for the work; (b) To protect the Owner from loss due to defective work not remedied; or (c) To protect the Owner from loss due to injury to persons or damage to the work or property of other contractors or subcontractors or others, caused by the act or neglect of the Contractor or any of his subcontractors. The Owner shall have the right, as agent for the Contractor to apply such amounts so withheld in such manner as the Owner may deem proper to satisfy such claims or to secure such protection. Such applications of such money shall be deemed payments for the account of the Contractor. CC - 13 CONDITIONS OF CONTRACT 31. THE OWNER'S RIGHT TO STOP WORK OR TERMINATE CONTRACT If, (a) The Contractor shall be adjudged bankrupt or make an assignment for the benefit of creditors; or (b) A receiver or liquidator shall be appointed for the Contractor for any of his property and shall not be dismissed within 20 days after such appointment, or the proceedings in connection therewith shall not be stayed on appeal within the said 20 days; or (c) The Contractor shall refuse or fail, after notice or warning from the Engineer, to supply enough properly skilled workmen or proper materials; or (d) The Contractor shall refuse or fail to prosecute the work or any part thereof with such diligence as will insure its completion within the periods herein specified (or any duly authorized extension thereof) or shall fail to complete the work within said periods; or (e) The Contractor shall fail to make prompt payments to persons supplying labor or materials for the work; or (f) The Contractor shall fail or refuse to regard laws, ordinances or the instructions of the Engineer or otherwise be guilty of a substantial violation of any provisions of this Contract;Ahen and in any such event, the Owner, without prejudice to any other rights or remedy it may have, may by seven (7) days' notice to the Contractor,terminate the employment of the Contractor and his rights to proceed either as to the entire work or(at the option of the Owner) as to any portion thereof as to which delay shall have occurred, and may take possession of the work and complete the work by contract or otherwise, as the Owner may deem expedient. In such case, the Contractor will not be entitled to receive any further payment until the work is finished. If the unpaid balance of the compensation to be paid the Contractor hereunder shall exceed the expense of so completing the work(including compensation for additional managerial, administrative and inspection services and any damages for delay), such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor and his sureties shall be liable to the Owner for such excess. If the right of the Contractor to proceed with the work is so terminated,the Owner may take possession of and utilize in completing the work, such materials, appliances, supplies, plant and equipment as may be on the site of the work and necessary thereof. If the Owner does not so terminate the right of the Contractor to proceed, the Contractor shall continue to work. 32. CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT If the work shall be stopped by order of the Court or other public authority for a period of three (3) months without act or fault of the Contractor or any of his agents, servants, employees or subcontractors, the Contractor may, upon ten (10) days' notice to the Owner, discontinue his performance of the work and/or terminate the Contract; in which event, the liability of the Owner to the Contractor shall be determined as provided in Paragraph 31. The Contractor shall not be CC - 14 _CONDITIONS-OF CONTRACT obligated to pay to the Owner any excess of the expense of completing the work over the unpaid balance of the compensation to be paid to the Contractor hereunder. 33. RESPONSIBILITY FOR WORK The Contractor agrees to be responsible for the entire work embraced in this Contract until its completion and final acceptance, and that any unfaithful or imperfect work that may become damaged from any cause either by act of commission or omission to properly guard and protect the work that may be discovered at any time before the completion and acceptance shall be removed and replaced by good and satisfactory work without any charge to the Owner, and that such removal and replacement will be performed immediately on the requirement of the Engineer, notwithstanding the fact that it may have been overlooked by the proper inspector, and partial payment made thereon. It is fully understood by the Contractor that the inspection of the work shall not relieve him of any obligation to do sound and reliable work as herein prescribed, and that any omission to disapprove any work by the Engineer at or before the time of partial payment or other estimate shall not be construed to be acceptance of any defective work. 34. USE OF PREMISES AND REMOVAL OF DEBRIS The Contractor expressly undertakes at his own expense: (a) To store his apparatus, materials, supplies and equipment in such orderly fashion at the site of the work as will not unduly interfere with the progress of his work or the work of any of his subcontractors; (b) To frequently clean up all refuse, rubbish, scrap materials and debris caused by the operations to the end that at all times, the site of the work shall present a neat, orderly and workmanlike appearance; (c) Before final payment hereunder to remove all surplus material,temporary structures,plants of any description and debris of every nature resulting from his operations. 35. SUITS OF LAW The Contractor shall indemnify and save harmless the Owner from and against all suits, claims, demands or actions for any injury sustained or alleged to be sustained by any party or parties in connection with the construction of the work or any part thereof, or any commission or omission of the contractor, his employees or agents of any subcontractor, and in case of any such action shall be brought against the Owner, the Contractor shall immediately take charge of and defend the same at his own cost and expense. 36. POWER OF THE CONTRACTOR TO ACT IN AN EMERGENCY In case of an emergency, which threatens loss or injuryto property'and/or safety of life, the Contractor will be permitted to act as he sees fit without previous instructions from the Engineer. He shall notify the Engineer thereof immediately and any compensation claimed by the Contractor due to extra work made necessary because of his acts in such emergency shall be CC - 15 CONDITIONS OF CONTRACT submitted to the Engineer for approval. Where the Contractor has not taken action but has notified the Engineer of an emergency indicating injury to persons or damage to adjoining property or to the work being accomplished under this Contract, then upon authorization from the Engineer to prevent such threatened injury or damage, he shall act as instructed by the Engineer. The amount of reimbursement claimed by the Contractor on account of any such action shall be determined in the manner provided herein for the payment of extra work. 37. PROVISIONS REQUIRED BY.LAW DEEMED INSERTED Each and every provision of law and clause required by law to be inserted in this Contract,shall be deemed to be inserted herein and the Contract shall read and be enforced as though it were included herein, and if through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon the application of either party the Contract shall be forthwith be physically amended to make such insertion. 38. SUBLETTING, SUCCESSOR AND ASSIGNS The Contractor shall not sublet any part of the work under this Contract nor assign any money due him hereunder without first obtaining the written consent of the Owner. This Contract shall insure the benefit of and shall be binding upon the parties hereunder and upon their respective successors and assigns, but neither party shall assign or transfer his interest herein in whole or in part without consent of the other. 39. GENERAL MUNICIPAL LAW CLAUSE Pursuant to the provisions of Section 103-a of the General Municipal Law, in the event that the Bidder or any member, partner, director or officer of the Bidder, should refuse, when called before a grand jury to testify concerning any transaction or contract had with the State, any political subdivision thereof, a public authority or any public Department, agency or official of the State or of any political subdivision thereof or of a public authority, to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant question concerning such transaction or contract, such person, and any firm,partnership, or corporation of which he is a member,partner, director or officer shall be disqualified from thereafter selling to or submitting bids to or receiving awards from or entering into any contracts with any municipal corporation or any public Department, agency or official thereof for goods, work or services for a period of,five (5) years after such refusal, and any and all contracts made with any municipal corporation or any public Department, agency or official thereof on or after the first day of July, 1959, by such person, and by any firm, partnership or corporation of which he is a member, partner, director or officer may be cancelled or terminated by the municipal corporation without incurring any penalty or damages on account of such cancellation or termination, but any monies owing by the municipal corporation for goods delivered or work done prior to the cancellation or termination shall be paid. CC - 16 -•COND.ITIONS-OF CONTRACT 40. GRADES,LINES,LEVELS AND SURVEYS The Engineer shall furnish the Contractor with the basic horizontal and vertical controls from which the Contractor shall transfer and stake his lines and grades and for their accuracy. The Engineer will establish the basic horizontal and vertical controls at the start of the work, and it shall be the responsibility of the Contractor to safeguard such controls; and if, in the opinion of the Engineer, these controls are damaged or destroyed either in whole or in part, the Contractor shall pay the cost of having the damaged controls verified, checked, corrected or replaced. 41. INSURANCE REQUIREMENTS The Contractor shall not commence work until the Town has approved all the insurance required under this Contract as required immediately following the Instructions to Bidders. Additionally, the Contractor shall indemnify and save harmless the Town of Southold from and against all losses and all claims, demands, payments, suits, actions, recoveries and judgments of every kind or nature, brought or recovered against the Town of Southold by reason of any act or omission of the Contractor, his agent or employees in the performance of the Contract. The Contractor shall not permit any subcontractor to commence any work under this contract until satisfactory proof of carriage of the required insurance has been posted with and approved by the Town. 42. FOREIGN CONTRACTORS Foreign Contractors must comply with the provisions of Articles 9A and 16 of the Tax Law, as amended, prior to submission of a bid for the performance of this work. The certificate of the New York State Tax Commission to the effect that all taxes have been paid by the foreign contractor shall be conclusive proof of the payment of taxes. The term "foreign contractor" as used in this subdivision means in the case of an individual, a person who is a legal resident of another state or foreign country; and in the case of a foreign corporation, one organized under the laws of a state other than the State of New York. 43. LIEN LAW Attention of all persons submitting bids is specifically called to the provisions of Section 25, Subdivision 5, Section 25A and 25B of the Lien Law, as amended, in relation to funds being received by a contractor for a public improvement declared to constitute trust funds in the hands of such Contractor to be applied first to the payment of certain claims. 44. REFUSAL TO WAIVE IMMUNITY Pursuant to the provisions of Section 103-A of the General Municipal Law, in the event that the bidder or any member, partner, director or officer of the bidder, should refuse when called before a grand jury to testify concerning any transaction or contract had with the State, any political subdivision thereof, a public authority or with any public department, agency or official of the CC - 17 CONDITIONS OF CONTRACT State or of any political subdivision thereof or of an authority, to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant question concerning such transaction or contract, such person, and any firm, partnership or corporation of which he is a member, partner, firm director or officer shall be disqualified from thereafter selling to or submitting bids to or receiving awards from or entering into any contracts with any municipal corporation or any public department, agency, or official thereof, for goods, work or services, for a period of five (5) years after such refusal, and any and all contracts made with any municipal corporation or any public department, agency, or official thereof on or after the first day of July, 1959, by such person and any firm, partnership or corporation of which he is a member, partner, director or officer may be cancelled or terminated by the municipal corporation without incurring any penalty or damages on account of such cancellation or termination, but any monies owing by the municipal corporation for goods delivered or work done prior to the cancellation or termination shall be paid. 45. EXEMPTION FROM SALES AND USE TAXES In accordance with Chapter 513 of the laws of 1974 adopted by the New York State Legislature, amending Section 1115 (a) of the tax law, specifically paragraphs 15 and 16, political subdivisions, as described in subdivision (a)paragraph (L) of section 1116 of the tax laws, of the State of New York are exempt from the payment of sales and use taxes imposed on tangible personal property within the limitations specified in tax law 1115 (a) (15) and(16). (15) Tangible personal property sold to a contractor, subcontractor or repairman for use in erecting a structure or building of an organization described in subdivision(a) of section 1116, or adding to, altering or improving real property, property or land of such an organization, 8 the terms real property, property and land are defined in the real property tax law; provided, however, no exemption shall exist under this paragraph unless such tangible personal property is to become an integral component part of such structure, building or real property. (16) Tangible personal property sold to a contractor or repairman for use in maintaining, servicing or repairing real property, or land of an organization described in subdivision (a) of section 1116, as the terms real property, property or land are defined in the real property tax law; provided, however, no exemption shall exist under this paragraph unless such tangible personal property is to become an integral component part of such structure, building or real property. Contractors entering into Contract with the Town of Southold shall be exempt from payment of sales and use tax as described above. Procedures and forms are available to the Contractor direct from the Instructions and Interpretations Unit, State of New York, Department of Taxation and Finance, State Campus,Albany,New York, 12227. CC - 18 Town of Southold "Pike Street Parking Lot Improvements" PROPOSAL PACKAGE BID OPENS: March 15, 2018 REMINDER NOTE!! !: VENDORS MUST RETURN THIS DOCUMENT INTACT AND FILLED OUT COMPLETELY! ! (Do Not Sign the Contract Agreement. It is included only for informational purposes, and will be signed by the successful bidder after award of contract.) All line items on the Proposal Form must be filled in! All lines must have an indication of the bidder's response whether it is a dollar figure or No Bid. Please DO NOT remove any pages from this bid package! ! ! Thank you! Proposal Package 1 of 9 BIDDER'S CHECK LIST Your response to our above referenced bid will be considered unresponsive and will be rejected if the following forms are not included at the time of the bid opening. ❑ Notarized Affidavit of Non-Collusion as required by NYS Law. ❑ A Bid Deposit in the amount of Five Percent of Bid Price as required in the Invitation to Bid. ❑ As per specifications, the Town of Southold requires a current insurance certificate, with the Town of Southold listed as additional insured, to be on file in the Purchasing Department. You will be given ten (10) business days from notice of award to supply this form or the bid will be rescinded. ❑ Vendor Information Sheet and Address Record Form. ❑ Assumed Name Certification. ❑ Bidder's Qualification Statement. NOTE: Please do NOT sign the Contract Agreement. It is included only for informational purposes, and will be signed by the successful bidder after award of the contract. Proposal Package 2 of 9 �a VENDOR NAME: VENDOR INFORMATION SHEET TYPE OF ENTITY:CORP. PARTNERSHIP INDIVIDUAL FEDERAL EMPLOYEE ID #: OR SOCIAL SECURITY #: DATE OF ORGANIZATION: IF APPLICABLE: DATE FILED: STATE FILED: If a non-publicly owned Corporation: CORPORATION NAME: LIST PRINCIPAL STOCKHOLDERS: (5% of outstanding shares) LIST OFFICERS AND DIRECTORS: NAME TITLE If a partnership: PARTNERSHIP NAME: LIST PARTNERS NAMES: Proposal Package 3 of 9 ADDRESS RECORD FORM MAIL BID TO: VENDOR NAME: ADDRESS: CONTACT: TELEPHONE: FAX: E-MAIL: ONLY if different - MAIL PURCHASE ORDER TO: ADDRESS: TELEPHONE: FAX: CONTACT: E-MAIL: ONLY if different - MAIL PAYMENT TO: ADDRESS: TELEPHONE: FAX: CONTACT: E-MAIL: Proposal Package 4 of 9 VENDOR NAME: ASSUMED NAME CERTIFICATION *If the business is conducted under an assumed name, a copy of the certificate required to be filed under the New York general business law must be attached. ASSUMED NAME: If the bidder is an individual, the bid must be signed by that individual; if the bidder is a corporation, by an officer of the corporation, or other person authorized by resolution of the board of directors, and in such case a copy of the resolution must be attached; if a partnership, by one of the partners or other person authorized by a writing signed by at least one general partner and submitted with the bid or previously filed with the Purchasing Agent. The submission of this constitutes a certification that no Town Officer has any interest therein. (Note: In the event that any Town Officer has any such interest, the full nature thereof should be disclosed below. It is not forbidden that individuals working for the Town of Southold or other municipality bid on contracts only that such interest be revealed when they do bid.) INSURANCE STATEMENT Bidder agrees as follows - please mark appropriate box: Insurance Certificate as requested is attached I certify that I can supply insurance as specified if awarded the bid ❑ Insurance Certificate filed on DATE FAILURE TO PROVIDE SPECIFIED INSURANCE SHALL DISQUALIFY BIDDER. AUTHORIZED SIGNATURE Proposal Package 5 of 9 AFFIDAVIT OF NON-COLLUSION I hereby attest that I am the person responsible within my firm for the final decision as to the prices(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: 1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose of restricting competition with any other contractor, bidder or potential bidder. 2. Neither the price(s), nor the amount of this bid, have been disclosed to any other firm or person who is a bidder or potential bidder on this project, and will not be so disclosed prior to bid opening. 3. No attempt has been made or will be made to solicit, cause or induce any firm or person to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non-competitive bid or other form of complementary bid. 4. The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from any firm or person to submit a complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase of materials or services from any other firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by an firm or person to refrain from bidding or to submit a complementary bid on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any project, in consideration for my firm's submitting a complementary bid, or agreeing to do so, on this project. 7. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in this affidavit. The person signing this bid, under the penalties of perjury, affirms the truth thereof. SWORN TO BEFORE ME THIS Signature&Company Position DAY OF 20 Type Name&Company Position Company Name NOTARY PUBLIC Date Signed Federal 1 D Number Proposal Package 6 of 9 THE PROPOSAL FORM Pike Street Parking Lot Improvements VENDOR NAME: VENDOR ADDRESS: TELEPHONE NUMBER: FAX: The undersigned bidder has carefully examined the Contract Documents and will provide all necessary labor, materials, equipment and incidentals as necessary and called for in the said Contract Documents in the manner prescribed therein and in said Contract, and in accordance with the requirements of the Engineer, at the prices listed on the attached Bid Proposal Form. If the bidder is an individual, the bid must be signed by that individual; if the bidder is a corporation, the bid must be signed by an officer of the corporation, or other person authorized by resolution of the board of directors, and in such case a copy of the resolution must be attached; if a partnership, by one of the partners or other person authorized by a writing signed by at least one general partner and submitted with the bid documents. The submission of this constitutes a certification that no Town Officer has any interest therein. (Note: In the event that any Town Officer has any such interest, the full nature thereof should be disclosed below. It is not forbidden that individuals working for the Town of Southold or other municipalities bid on contracts, but only that such interest be revealed when they do bid.) The undersigned hereby acknowledges receipt of the following Addenda (if none were issued please write N/A below): Addendum No. Dated Proposal Package 7 of 9 Pike Street Parking Lot Improvements Itemized Proposal for: Town of Southold ITEM NO ESTIMATED DESCRIPTION OF ITEM UNIT BID PRICE EXTENDED AMOUNT BID QUANTITY (Fill in Unit Price Written in Words) DOLLARS CENTS DOLLARS CENTS Demolish Existing Concrete Sidewalks 1 1 for /LS Dollars Cents Raise Existing Castings to Finished Grade 2 6 for /EA Dollars Cents Install Concrete Curbing 3 512 LF for /LF Dollars Cents Install Concrete Aprons 4 200 SF for /SF Dollars Cents Install Concrete Sidewalks 5 1,050 SF for /SF Dollars Cents Install Concrete Islands 6 120 SF for /SF Dollars Cents TOTAL BASE BID Items(Add All Items) Dollars Cents (Numerically) WRITTEN IN WORDS NOTE. The Town of Southold reserves the right to increase,decrease,or eliminate in its entirety any or all items prior to or after award of the bid. Proposal Package 8 of 9 AUTHORIZED SIGNATURE PRINT NAME TITLE DATE ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF ) ss.: On the day of in the year 2018 before me, the undersigned, personally appeared, , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. NOTARY PUBLIC Proposal Package 9 of 9 CONTRACT AGREEMENT THIS AGREEMENT made this day of Two Thousand and Eighteen by and between the Town of Southold, party of the first part (hereinafter called the Owner), and , 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: 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 associated with the Pike Street Parking Lot Improvements. AS DESCRIBED IN THE Contract Documents made and prepared by the Town of Southold, and as set forth in the Contractor's Bid dated , and in strict and entire conformity and in accordance with the Notice to Bidders, Instructions to Bidders, Proposal Form (Bid), Perfe�amee Bona, Conditions of Contract, General Conditions, Detailed Specifications, Contract Drawings, Addenda, and this Agreement, hereto annexed and made a part hereof, and hereinafter collectively referred to as "Contract Documents". SECOND: In Consideration of the Contractor performing this Contract in the manner herein stated and as stated in the Contract Documents, the Owner promises and agrees to pay or cause to be paid to the Contractor the sums of money mentioned in said Contract Documents in the manner and under the conditions therein provided. THIRD: The Contractor covenants and agrees that, anything in this Contract or in the Contract Documents"to be contrary notwithstanding, or regardless of any matter, thing, contingency of condition unforeseen or otherwise, present or future, the Contractor shall not be entitled to receive any additional or further sums of money than the amounts in said Contract Documents provided; and the failure of the Owner or its agents to insist upon strict performance of any of the terms, covenants, agreements, provisions or conditions in this Agreement or in the Contract Documents, on any one or more instances, shall not be construed as a waiver or relinquishment for the future of any such terms, covenants, agreements, provisions and conditions and the same shall be and remain in full force and effect with power and authority on the part of the Owner to enforce the same or cause the same to be enforced at any time, without prejudice to any other rights which the Owner may have against the Contactor under this Agreement or the Contract Documents. A-1 Terms used in the Agreement which are defined in Article 1 of the General Conditions shall have the meanings indicated in the General Conditions. Neither Owner nor Contractor shall, without the prior written consent of the other, assign or sublet in whole or part his interest under any of the Contact Documents; and, specifically, Contractor shall not assign any monies due or to become due without the prior written consent of the Owner. Owner and Contractor each binds himself, his partners, successors, assigns and legal representatives of the other party hereto in respect to all covenants, agreements and obligations contained in the Contract Documents. The Contract Documents constitute the entire agreement between Owner and Contractor and may only be altered, amended or repealed by a duly executed written instrument signed by both parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. Total Bid Dollars Written in Words Written in Figures TOWN OF SOUTHOLD CONTRACTOR BY BY Scott A. Russell, Supervisor TITLE BY Town Attorney (CORPORATE SEAL) A-2 Town of Southold BIDDER'S QUALIFICATION STATEMENT The signatory of this questionnaire certifies under oath the truth and correctness of all statements and of all answers to interrogatories hereinafter made. SUBMITTED BY: A Corporation A Partnership or Entity FIRM NAME An Individual PRINCIPAL OFFICE: PRINCIPAL OFFICERS: BACKGROUND TITLE NAME ADDRESS PROFESSION/TRADE 1. How many years has your organization been in business under its present business name? 2. You normally perform what percent of the work with your own forces? % List trades that you organization normally performs below. 3. Have you ever failed to complete any work awarded to you? . If so, note where and why. 4 Are there any claims,judgments, arbitration proceedings or suits pending or outstanding against your firm or its officers?If yes, please provide details QS-1 5. Has your firm requested arbitration or filed any lawsuits with regard to construction contracts within the last five years? If yes, please provide details. 6. List the major construction projects your organization has underway at this date: Name of: Engineer/ Project Owner Architect Contract Percent Scheduled Name Telephone# Telephone# Amount Complete Completion 7. List five major projects you organization has completed in the past five years: Name of: Engineer/ Work Done Project Owner Architect Contract Date of With Own Forces Name Telephone# Telephone# Amount Completion % of Work QS-2 8. List the construction experience of the principal individuals of your organization (particularly the anticipated project supervisors): Present Type of Work Position Years of For Which In What Individual's Name Of Office Experience Responsible Ca aci 9. Do you have, or can you obtain, sufficient labor and equipment to commence work when required and complete the work within the Contract Time? 10. Bank References: 11. Trade Association Membership: 12. Has your firm ever been investigated by the New York State Department of Labor for prevailing wage rate violations?If yes, when? What was the outcome of the investigation? QS-3 13. Attach current state of financial conditions showing assets, liabilities and net worth. Failure to attach the required documentation may be considered non-responsive on the part of the Bidder and may result in rejection of the Bidder's Proposal. STATE OF ) COUNTY OF ) being duly sworn deposes and says that he is the of contractor and that answers to the foregoing questions and all statements therein contained are true and correct. (Signature of person who signed bid) Sworn to before me this day of , 2018 Notary Public Commission Expiration Date: QS-4 ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF ) ss.: On the day of in the year 2018 before me, the undersigned, personally appeared, ,personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their'capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. NOTARY PUBLIC STATE OF NEW YORK, COUNTY OF )ss.: On the day of in the year 2018 before me, the undersigned, personally appeared, , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon'behalf of which the individual(s) acted, executed the instrument. NOTARY PUBLIC A-3 THE PREVAILING WAGE CASE NUMBER ISSUED BY THE NEW YORK STATE DEPARTMENT OF LABOR FOR THIS PROJECT CAN BE FOUND ON THE NEXT PAGE. A CURRENT PREVAILING WAGE SCHEDULE FOR THIS PROJECT CAN BE OBTAINED DIRECTLY FROM THE DEPARTMENT OF LABOR WEBSITE @ www.labor.state.ny.us NEW yp� � t,n ., Andrew M.Cuomo,Governor9 ""'� �,Q Roberta Reardon,Commissioner ENT Town of Southold Schedule Year 2017 through 2018 Michael Collins,Town Engineer Date Requested 02/12/2018 Town of Southold PRC# 2018001608 53095 Main Road Southold NY 11971 Location Pike Street Parking Lot Project ID# Project Type Demolition and replacement of existing sidewalks and curbing to meet ADA requirements. Paving and striping improvements to parking lot. PREVAILING WAGE SCHEDULE FOR ARTICLE 8 PUBLIC WORK PROJECT Attached is the current schedule(s) of the prevailing wage rates and prevailing hourly supplements for the project referenced above A unique Prevailing Wage Case Number (PRC#) has been assigned to the schedule(s) for your project. The schedule is effective from July 2017 through June 2018. All updates, corrections, posted on the 1 st business day of each month, and future copies of the annual determination are available on the Department's website www labor state ny us Updated PDF copies of your schedule can be accessed by entering your assigned PRC# at the proper location on the website. It is the responsibility of the contracting agency or its agent to annex and make part, the attached schedule, to the specifications for this project, when it is advertised for bids and /or to forward said schedules to the successful bidder(s), immediately upon receipt, in order to insure the proper payment of wages. Please refer to the "General Provisions of Laws Covering Workers on Public Work Contracts" provided with this schedule, for the specific details relating to other responsibilities of the Department of Jurisdiction. Upon completion or cancellation of this project, enter the required information and mail OR fax this form to the office shown at the bottom of this notice, OR fill out the electronic version via the NYSDOL website NOTICE OF COMPLETION / CANCELLATION OF PROJECT Date Completed Date Cancelled. Name &Title of Representative Phone (518)457-5589 Fax: (518)485-1870 W Averell Harriman State Office Campus, Bldg. 12, Room 130,Albany, NY 12240 www labor state.ny us. PW 200 PWAsk@labor state ny us DIVISION I - GENERAL REQUIREMENTS TOWN OF SOUTHOLD PIKE STREET PARKING LOT IMPROVEMENTS GENERAL The work under this Division shall be subject to the rdquirements of the CONDITIONS OF CONTRACT, GENERAL CONDITIONS, SUPPLEMENTARY GENERAL CONDITIONS, DRAWINGS, SCHEDULES,ADDENDA and other Contract documents. Refer to the Drawings and Specifications of other trades and Contractors for items which might affect the work under this Division. TABLE OF CONTENTS—DIVISION NO. I —GENERAL REQUIREMENTS Included in this Division are the following sections: 01010 General 01025 Measurement and Payment 01500 Construction Facilities&Temporary Controls 01501 Health& Safety Provisions 01502 Environmental Protection DIVISION 1 - Page 1 of 13 DIVISION 1 - GENERAL REQUIREMENTS SECTION 01010 - GENERAL SITE The site of the proposed general construction for the PIKE STREET PARKING LOT IMPROVEMENTS is located at 630 Pike Street in Mattituck, Town of Southold, Suffolk County,New York and more particularly shown on the Contract Plans. BACKGROUND The existing Pike Street Parking Lot is to be improved with new concrete curbing, sidewalks, islands and aprons as specified in the contract documents. The new sidewalks shall be ADA compliant in all respects and the contractor shall notify the Town of any conflicts prior to the beginning of any work. The Contractor will also be responsible for raising six (6) existing at- grade cast iron grates/covers to final grade as directed by the Engineer. Disturbed areas of the Pike Street Parking Lot will be restored with 6" of compacted NYS Specification Recycled Concrete Aggregate. Final paving and striping of the Pike Street Parking Lot will be the responsibility of the Town, not the Contractor. SCOPE A. The work to be performed under this Contract shall include all labor, materials, equipment, services and incidentals required to perform the proposed construction as indicated in the Specifications, shown on the Contract Plans and/or as approved by the Engineer. B. In general, the work shall include but not be limited to the following: • Environmental protection of all existing site conditions and utilities • Saw-cutting and removal of existing asphalt and concrete as needed or required • Installation of new poured concrete curbs, islands and aprons • Installation of new poured concrete ADA compliant sidewalks • Proper disposal of all waste and excess materials generated by the project C. Without restricting the generality of the foregoing and for the convenience of each Contractor, the items of work are specified under the Standard 16 Uniform Divisions of the Construction Specifications Institute as follows: 1 General Requirements 2 Site Work 3 Concrete SHOP DRAWINGS The Contractor shall make or provide any shop drawings, cuts or samples which the Engineer may require for the approval of details and to show the construction as it will be installed. No DIVISION I - Page 2 of 13 DIVISLON I GENERAL REQUIREMENTS shop drawing shall be issued or used until it has been approved by the Engineer or his representative. After approval, no changes or deviations shall be made without written notice being sent to the Engineer. The Engineer's approval shall not relieve the Contractor from responsibility for deviations from the Plans or Specifications unless he has, in writing, called the Engineer's attention to such deviations at the time of submission, nor shall it relieve him from responsibility for errors or omissions of any sort in the Shop Drawing or schedule. The Contractor shall submit six (6) copies of each requested item to the Engineer for approval. SUPERINTENDENCE AND WORKMEN The Contractor shall give his constant personal attention to the work while it is in progress, and he shall place it in charge of a competent and reliable superintendent, who shall have authority to act for the Contractor, and who shall be acceptable to the Engineer. The Contractor shall, at all times, employ labor and equipment which shall be sufficient to prosecute the work to full completion in the manner and time specified. All workmen must have sufficient skill and experience in such work to properly and satisfactorily perform it and operate the equipment involved. Any person employed by the Contractor whom the Engineer may deem incompetent Or unfit to perform the work, shall be at once discharged and shall not be again employed. INSPECTION All proposed work under this Contract shall be performed during and with Engineer's approval. The Contractor is advised to inspect carefully the full premises and consult with the Engineer regarding any items of construction or reconstruction that may be questionable. MAINTENANCE AND PROTECTION OF TRAFFIC The Contractor shall so conduct his operations as to interfere to the least extent practicable with the passage of vehicles, pedestrians and all other kinds of public traffic; and he must take every precaution against accidents happening to said vehicles, pedestrians and other traffic because of his operations. The Contractor shall enforce regulations and restrictions as may be necessary or required for the protection of fire, accidents, property damage and public nuisance. He shall provide and maintain such toilet facilities at or adjacent to the site as may be required. The Contractor shall erect and maintain such signs, channel and obstruction markers and barricades as may be required for the protection of traffic. The Contractor shall not deposit or store any equipment or materials within the Site Area except with written permission from the Engineer. MAINTENANCE AND PROTECTION OF UTILITIES A. The Contractor shall familiarize himself with the existence of structures of municipal and other public service corporations on or adjoining the site of the work and give reasonable opportunity to and cooperation with the owners of these utilities in 'the work of reconstructing or altering them. Such reconstruction and alteration shall be so conducted as to delay or interfere as little as practicable with the work of the Contractor. Any additional cost of various items of work because of these utilities shall be included in the price bid for these items. DIVISION 1 -Page 3 of 13 DIVISION 1 - GENERAL REQUIREMENTS B. The Engineer shall direct the public utility corporations to shift or remove those utility structures that may be necessary to permit the Contractor to carry out the work in accordance with the Plans. The Contractor shall not remove or cause to be removed, any structure owned by a public utility corporation without the approval of the Engineer. C. The Contractor shall cooperate with the public utility corporation whose structures (aerial, surface or subsurface) are within the limits of or along the outside of the right- of- way, to make it possible for them to maintain uninterrupted service. The Contractor'shall conduct his operations in such a way as to delay or interfere as little as practicable with the work of the utility corporation. GRADES,LINES,LEVELS AND SURVEYS Upon completion of the demolition and removal work under the Contract, the Contractor shall restore all disturbed areas of the parking lot as per the Contract Plans and Specifications. LABOR,LAWS AND WORKMANSHIP A. All Contractors and Subcontractors employed upon the work shall and will be required to conform to the Labors Laws of the State of New York, the Occupation Safety and Health Act of the various acts amendatory and supplementary thereto; and to all other laws, ordinances and legal requirements applicable thereto. B. All labor shall be performed in the best and most workmanlike manner by mechanics skilled in their respective trades. The standards of the work required throughout shall be of such grade as will bring results of the first class only. QUALIFICATIONS All bidders must have been established in the type of construction they are submitting a bid for as specified in the Contract Documents for a period of at least five (5)years. On request, bidders must furnish a list of a minimum of five (5) projects of similar type construction that was built by them in the Nassau- Suffolk area. List must contain name, address and telephone number of client's engineer for which each project was undertaken by Contract. A minimum of five (5) of the projects must have been built for municipal clients. APPROVAL OF SUBCONTRACTORS A. No Subcontractors shall be employed on the work unless prior approval has been given by the Engineer. The Contract shall, within five (5) days after signing of the Contract, submit a list of proposed Subcontractors to the Engineer for approval. The list shall contain firm names, names of all principals and addresses and projects completed by each Subcontractor and names, addresses and telephone numbers of the particular project's Engineer for which the Subcontractor on the aforementioned project list must have been of similar nature. A minimum of five (5) projects for each proposed DIVISION 1 - Page 4 of 13 DIVISION 1 - GENERAL REQUIREMENTS Subcontractor must be submitted. B. If for any reason a Subcontractor must be discharged from work, the Contractor shall notify the Engineer at least 24 hours prior to discharge, stating the reasons, and shall provide the Engineer with the name and qualifications of the replacement Subcontractor for approval by the Engineer. This action is deemed necessary to maintain continuity of the work and to minimize project disruptions. All costs due to slowdown of the project for such reasons shall be borne by the Contractor. STANDARD SPECIFICATIONS Where reference is made in these Specifications to a society, the portion referred to shall be read into and shall be a part of this Contract and Specifications. Materials, methods and equipment shall conform to the latest A.S.T.M., A.W.P.A., A.S.A.,N.E.C., I.E.S., etc. specifications as may relate to or govern the construction work. CONTRACT PLANS The Contract Plans which accompany and form part of these Specifications, bears the title: PROPOSED RECONSTRUCTION PIKE STREET PARKING and is labeled as Sheet A-1. CLEAN-UP The Contractor shall at all times keep the construction area, including storage areas used by him, free from accumulation of waste material and rubbish and prior to completion of the work, remove any rubbish from and about the premises. Upon completion of the construction, the Contractor shall leave the work premises in a clean, neat and workmanlike condition satisfactory to the Engineer. GUARANTEES A. Before issuance of the final certificate, the Contractor shall deliver to the Owner the following guarantees in addition to those specifically required in the General Conditions and in the various technical sections. B. The Contractor hereby guarantees that all materials and workmanship installed under his respective contract to be new and of good quality in every respect and to remain so for a period of one (1) year or for longer periods where so provided for in the Specifications, from the date of issuance of the Final Certificate by the Engineer. C. Should any defects develop in the aforesaid work within the stipulated periods due to faults in materials and/or workmanship, the Contractor hereby agrees to make all repairs and do 'all necessary work to correct the defective parts. Such repairs and corrective work, including the cost of making good all other work damaged by or otherwise affected by making of the repairs or corrective work shall be done without any cost or expense to the owner, and at the entire cost and expense of the Contractor, within five (5) DIVISION 1 - Page 5 of 13 DIVISION 1 - GENERAL REQUIREMENTS days after notice to the Contractor. The owner may have the work done and charge the cost thereof to the Contractor and/or his Sureties who agree to pay the owner the cost of such work if the Contractor fails to respond as required. PAYMENTS Payment(s) made under this Contract will be made on the basis of actual work completed in accordance with the Contract Documents. Payments will be computed from the unit and lump sum bid. Payment will only be made for the items shown in the Proposal Form. END OF SECTION 01010 - GENERAL DIVISION 1 - Page 6 of 13 DIVISION I - GENERAL REQUIREMENTS SECTION 01025—MEASUREMENT AND PAYMENTS DESCRIPTION The Contractor shall furnish all labor, materials, tools, equipment, appurtenances and all services necessary to perform all Work as required by the plans and specifications or as required by the Engineer, at the lump sum or unit prices for the items listed herein. Upon the completion and acceptance of the work specified and contracted for, the Owner will pay the full amount, less any money paid by the owner by reason of said contractor having failed to carry out faithfully and completely all the obligations and requirements herein contained. Upon final settlement, according to the conditions herein specified and not until such settlement shall have been made, will the Contractor be relieved from the obligations assumed in the Contract. END OF SECTION 01025—MEASUREMENT AND PAYMENTS DIVISION 1 -Page 7 of 13 DIVISION 1 - GENERAL REQUIREMENTS SECTION 01500—CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS SCOPE Work shall include but not be limited to the following: A. Temporary Utilities — Electricity, lighting, heat, ventilation, telephone sen4ee (iflel din f of machine , water and sanitary facilities. B. Temporary Controls — Barriers, enclosures and fencing, protection of the Work, and water control. C. Construction Facilities — Access roads, parking, progress cleaning, project signage; and temporary buildings. TEMPORARY ELECTRICITY power-for-eenstruetion to an established pei to the eenstmetion area. The temperffiy hall be installed within 30 days of the award of the eentr-aet. The Eleetr-ieffll Gefitff--�etef shall be r-espensible fer- pr-eviding temper-ar-y eleetr-ie power- to all trades, for- the dufation of the pr-qjeet. TEMPORARY WATER SERVICE faeil ties firinn for-,.ieani.,,. B. Potable water shall be furnished for construction personnel by portable containers. of ated ., neeessaf�,to meet temporary water- nts D. The Gentraeter- shall install a meter- and pay fer- all expenses asseeia4ed A4th temper-afy and foes required for-+o„.per-ai=y . ,.,tor eopmeetiens and f xtu TEMPORARY SANITARY FACILITIES A. The General Contractor shall provide at the site suitable enclosed toilet facilities for the DIVISION l - Page 8 of 13 DIVISION 1.- GENERAL REQUIREMENTS use of construction personnel. The Contractor shall observe and enforce all sanitary regulations and maintain satisfactory sanitary conditions around and on all parts of the work. B. Adequate washing facility shall be provided for the construction personnel. C. The Contractor shall maintain, service, clean, and disinfect facilities in a satisfactory manner and enforce proper use of the sanitary facilities. D. The Contractor shall be subject to a fine and prosecution if any human excrement is deposited in or around the construction site. E. The Contractor shall pay for all expenses associated with temporary sanitary facilities during the course of the work, including furnishing all necessary permits and fees required for temporary sanitary facilities. F. Comply with all applicable codes and' arrange for all necessary inspections and approvals. FIRST-AID FACILITIES AND ACCIDENTS A. The Contractor shall provide, at the site, such equipment and facilities as are necessary to supply first-aid to any of his personnel who may be injured in connection with the work. B. Accident 1. The Contractor shall promptly report in writing to the Engineer all accidents and whatsoever arising out of, or in connection with, the performance of the work, whether on or adjacent to the site, which cause death, personal injury or property damage, giving full details and statements of witness. 2. If death or serious injuries or serious damages are caused, the accident shall be reported immediately by telephone or messenger to both the Owner and the Engineer. 3. If any claim is made by anyone against the Contractor or a Subcontractor on account of any accidents, the Contractor shall promptly report the facts in writing to the Engineer, giving full details of the claim. WATER CONTROL A. Grade site to drain. Maintain excavations free of water. Provide, operate and maintain pumping equipment. B. Protect site from puddling or running water. Provide water barriers as required to protect site from soil erosion. DIVISION 1 - Page 9 of 13 DIVISION I - GENERAL REQUIREMENTS C. Provide temporary control of surface water, stormwater runoff and discharge from pumping in accordance with Contractor's approved soil erosion and sediment control plan. SECURITY A. Provide security and facilities to protect work, and existing facilities, and Owner's operations from unauthorized entry, vandalism or theft. B. Coordinate with Owner. C. Furnish security during the course of the work. ACCESS ROAD A. Maintain roads accessing construction area as shown on the Construction Plans. B. Extend and relocate as work progress requires. Provide detours necessary for unimpeded traffic flow. C. Provide and maintain access to fire hydrants, free of obstructions. D. Provide means of removing mud from vehicle wheels before entering public and private streets. Clean all mud and debris from construction traffic at no additional expense to the Owner. Comply with all State and Local regulations. E. Designated existing on-site roads may be used for construction traffic, as directed by the Owner and Engineer. Damage to existing site roads as a result of this Contract will be the responsibility of the Contractor. PARKING A. The Contractor's personnel shall not park on the main road or adjacent private side streets. B. When space is not adequate, provide additional off-site parking. C. Do not allow vehicle parking on existing pavement. PROGRESS CLEANING A. Maintain areas free of waste materials, debris and rubbish. Maintain site in a clean and orderly condition. B. Remove waste materials, debris and rubbish from site and dispose weekly in areas as DIVISION 1 - Page 10 of 13 DIVISION I - GENERAL REQUIREMENTS designated by the Owner. REMOVAL OF UTILITIES, FACILITIES AND CONTROLS A. Remove temporary above grade or buried utilities, equipment, facilities, materials, prior to Final Applications for Payment Inspections. B. Clean and repair damage caused by installation or use of temporary work. C. Restore existing facilities used during construction to original condition. Restore permanent facilities used during construction to specified conditions. END OF SECTION 01500—CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS DIVISION 1 -Page I I of 13' DIVISION 1 - GENERAL REQUIREMENTS SECTION 01501 —HEALTH AND SAFETY PROVISIONS REQUIREMENTS A. The Contractor shall be responsible to maintain a safe workplace and to monitor working conditions at all times during construction and, as necessary, to provide appropriate protective clothing, equipment and facilities for his personnel, and/or to establish work place procedures to ensure their safety, and to enforce the use of these procedures, equipment and/or facilities in accordance wit the following guidelines: 1. Safety and Health Regulations Promulgated by the U.S. Department of Labor OSHA, 29 CFR 1910 — Occupational Safety and Health Standards, and 29 CFR 1920— Safety and Health Regulations for Construction. 2. U.S. Environmental Protection Agency Medical Monitoring Program Guidelines. B. If, at any time, the Owner or the Engineer is apprised of a safety hazard which demands immediate attention because of its high potential for harm to public travel, persons on or about the work, or public or private property, the owner of the Engineer shall have the right to order such safeguards to be erected and such precautions to be taken as necessary and the Contractor shall comply with such orders. If, under such circumstances, the Contractor does not or cannot or his representative is not upon the site so that he can be notified immediately of the insufficiency of safety precautions, the Owner may put the work into such a condition that it shall be, in his opinion, in all respects safety, and the Contractor shall pay all expenses of such labor and materials as may have been used for this purpose by him or by the Owner. The fact that the Owner or the Engineer does not observe a safety hazard or does not order the Contractor to take remedial measures shall in no way relieve the Contractor of the entire responsibility for any costs or claims for loss, damage, or injury by or against any part sustained on account of the insufficiency of the safety precautions taken by him or by the Owner acting under authority of this Section. C. It is the responsibility of the Contractor to take appropriate safety precautions to meet whatever conditions of hazard may be present during the performance of the work, whether reasonably foreseeable or not. The Contractor is alerted to the fact that it shall be his sole responsibility to anticipate and provide such additional safety precautions, facilities, personnel and equipment as shall be necessary to protect life and property from whatsoever conditions of hazard are present or may be present. END OF SECTION 01501 —HEALTH AND SAFETY PROVISIONS DIVISION 1 - Page 12 of 13 DIVISION 1 - GENERAL REQUIREMENTS SECTION 01502—ENVIRONMENTAL PROTECTION WORK INCLUDED A. The Contractor shall furnish all labor, equipment and materials required for environmental protection during and as the result of construction operations under this Contract except for those measures set forth in other provisions of the Contract Plans and Specifications. Environmental protection requires consideration of air, water and land, and involves noise and solid waste management as well as other pollutants. RELATED SECTIONS A. Section 01500—Construction Facilities and Temporary Controls APPLICABLE REGULATIONS A. In order to prevent environmental pollution and to provide for environmental protection arising from construction activities related to the performance of this Contract, the Contractor and his subcontractors shall comply with all applicable Federal, State and local laws and regulations concerning environmental protection, as well as the specific requirements stated in this Section and elsewhere in the Contract Specifications. END OF SECTION 01502—ENVIRONMENTAL PROTECTION DIVISION 1 - Page 13 of 13 DIVISION.2 - SITE WORK GENERAL The work under this Division shall be subject to the requirements of the GENERAL CONDITIONS, CONDITIONS OF CONTRACT, DRAWINGS, PLANS, ADDENDA and other Contract documents. Refer to the Contract Drawings and Specifications of other trades and Contractors for items, which might affect the work under this Division. TABLE OF CONTENTS - DIVISION 02000 - SITE WORK Included in this Division are the following sections: 02050 - Site Demolition 02200 - Site Preparation DIVISION 2 - 1 of 4 DIVISION 2 - SITE WORK SECTION 02050—SITE DEMOLITION & REMOVAL DESCRIPTION Under this Section, the Contractor shall supply all labor, materials, equipment and incidentals necessary to complete the Demolition work and Debris removal as specified herein, shown on the Contract Drawings and/or as directed by the Engineer. SCOPE In general, the work to be done shall include but not be limited to the following: A. Demolition, as referred to in this section, includes all labor, material and equipment necessary to properly remove and dispose of all materials associated with removal of the existing asphalt and concrete associated with the project. B. All waste materials generated from the site demolition shall be disposed of at a permitted facility. Off-site disposal for all demolished material and debris shall be at a facility approved by the New York State Department of Environmental Conservation. All disposal fees, permits, and incidentals associated with transportation and disposal shall be borne by the Contractor. C. Any non-waste materials and/or equipment removed during demolition shall be considered for re-use, salvage or re-sale by the Contractor. D. Site demolition shall be limited to the area shown on the Contract Plans. Any areas adjacent to this area that are affected by site demolition shall be restored by the Contractor at no additional cost to the Owner. E. Site demolition shall be conducted in a manner that protects the underlying soils and surrounding areas. The Contractor shall furnish all materials required to protect the surrounding environment while removing BASIS OF PAYMENT Payment for the above items shall be included.in the lump sum price bid for each item of the overall project. END OF SECTION - SECTION 02050—SITE DEMOLITION & REMOVAL DIVISION 2 - 2 of 4 DIVISION 2 - SITE WORK SECTION 02200 - SITE PREPARATION QUALITY ASSURANCE A. The Contractor shall, at their own expense, secure utility markouts and give all legal notices that may be required in connection with the work, including the notification of owners of existing subsurface gas and other utility lines. INSPECTION A. The Contractor shall visit and thoroughly familiarize them with the site and with the scope of work to be done. B. When the Contractor submits their proposal, it shall be interpreted to mean that he has examined the site, fully understands the existing and proposed conditions and has made due allowances for them in their proposal. PREPARATION A. Notification of utility companies shall be in accordance with Industrial Code Rule#53 of Title 12, of the Official Compilation of Codes, Rules and Regulations of the State of New York. B. Notify all utility companies, prior to start of work and ascertain location of all existing utilities. C. Exercise extreme caution in the area of existing utilities so as not to cause damage or breakage. D. The Contractor shall verify all elevations and satisfy themselves as to their correctness by visiting the site of the proposed work and examining the actual condition prior to the beginning of the work. ADJUST AND CLEAN A. The Contractor shall clean up and remove from the site all rubbish and surplus material as fast as it accumulates and shall not permit it to be scattered about the project site. PROTECTION OF EXISTING VEGETATION A. Top soil cover over root systems of existing trees and shrubs shall be minimized and never exceed 6 inches in depth. B. Trenching across tree root systems should be a minimum distance to the tree diameter in inches, converted to feet, from the tree trunk. (e.g. 10-inch caliper tree shall have a minimum of 10 feet distance between trunk and trench.) Tunnels under the root system should start 18 inches or deeper below existing grade. Tree roots, which must be DIVISION 2 - 3 of 4 DIVISION 2 - SITE WORK severed, should be cut clean. Backfill material around roots shall be topsoil. C. Construct sturdy fences, wood or steel barriers, or other protective devices surrounding valuable vegetation from construction equipment. Place barriers far enough from tree so that all equipment such as backhoes and dump trucks do not contact tree trunk or branches. D. Trees shall be protected from grade to the lowest branch or 8' above grade, whichever is lowest. E. Material shall only be stockpiled in locations approved by the engineer. No equipment shall be parked or repaired, and no oil, gasoline, concrete or other debris shall be dumped near trees and shrubs to remain. At the end of each workday, all debris shall be removed and disposed of off-site. F. Obstructive and broken branches should be pruned properly. The 3 cut method should be used on all branches larger than two inches at the cut. The branch collar on all branches whether living or dead should not be damaged. First cut the underside of the branch partly through 6 inches or more from tree. Cut through the branch 2 inches or further out from trunk. The final cut should be made by placing the shears or saw in front of the branch bark ridge and cutting downward and slightly outward. Do not paint the wounds. G. Any trees damaged during construction shall be repaired by an approved tree surgeon. Any tree erroneously removed or damaged beyond satisfactory repair shall be replaced with the same species, 6 inches in caliper, which shall be balled, burlapped and platformed and planted at the direction of the Engineer. , H. Where cuts expose or affect root systems of trees, the exposed roots shall be cut off cleanly and such areas shall be backfilled with topsoil as soon as practicable and shall be watered and protected from further damage. END OF SECTION - SECTION 02200 - SITE PREPARATION DIVISION 2 - 4 of 4 DIVISION 3 -,CONCRETE GENERAL The work under this Division shall be subject to the requirements of the CONDITIONS OF CONTRACT, GENERAL CONDITIONS, SUPPLEMENTARY GENERAL CONDITIONS, DRAWINGS, SCHEDULES, ADDENDA, and other Contract documents. Refer to the Drawings and Specifications of other trades and contractors for items which might affect the work under this Division. TABLE OF CONTENTS - DIVISION NO. 3 - CONCRETE Included in this Division are the following sections: 03100 Concrete Form Work 03200 Concrete Reinforcement 03300 Cast-In-Place Concrete DIVISION 3 —Page 1 of 8 DIVISION 3 - CONCRETE SECTION 03100 - CONCRETE FORM WORK SCOPE A. The work under this heading shall consist of furnishing all labor, materials, equipment and appliances necessary or required to perform and complete all concrete form work, including but not limited to the following: 1. Forms and centering. 2. All forms required for the work in this Section. 3. Setting and building of all anchors, inserts, hangers, supports, ties, frames, bolts, sockets, sleeves, lintels, etc., required to be built into concrete work, except where otherwise specified. FORMS, CENTERING AND FORM WORK AFFECTING WORKMANSHIP A. Forms shall conform with the lines, dimensions and shapes of concrete indicated on the Drawings, for the members for which they are provided. They shall be tight to prevent any possibility of movement after concrete is poured and shall insure safety to workmen and the public. B. On concrete exposed to view, metal ties where used shall be detached 1-inch back from surface of exposed side and holes filled with cement mortar and rubbed immediately after removal of forms. C. Forms for concrete work shall be plywood or composite of smooth line construction, that will produce straight, dense surface free from honeycombs, bulges and depressions. D. If any material is used to coat formwork to facilitate its removal, this material shall be of such nature as not to stain or injure the concrete or cause injury to finish to be applied on exposed surfaces on concrete. Forms shall be thoroughly cleaned before reusing. E. All wood form work, including that used in void spaces, pockets and other similar places, shall be removed. F. Forms shall not be disturbed until the concrete has adequately hardened. Care shall be taken to avoid spalling concrete surface. WORK IN CONNECTION WITH OTHER SECTIONS AND/OR CONTRACTS A. Box out for pipes as directed and fill up to pipe sleeves with concrete after same are in place. B. Build in anchors, inserts or slots as required for proper anchorage. DIVISION 3 —Page 2 of 8 DIVISION 3 =...CONCRETE C. Set in concrete all sleeves furnished under other sections or contracts;in proper alignment and location. D. Cooperate with other trades. E. Build in concrete all forms furnished by other trades and required to be built into concrete. END OF SECTION 03100 - CONCRETE FORM WORK DIVISION 3 —Page 3 of 8 DIVISION 3 - CONCRETE SECTION 03200- CONCRETE REINFORCEMENT SCOPE The work under this heading shall consist of furnishing all labor, materials, equipment and appliances necessary or required to perform and complete all concrete reinforcing. SHOP DRAWINGS A. Complete and accurate shop drawings shall be submitted to the Engineer for review before any work is executed. Drawings shall show framing plans, details, bending diagrams, sizes and spacing of members, relationship to contiguous work, scale elevations of all reinforced concrete walls, and all other pertinent information. Details shall be carried out in accordance with the A.C.I. rules. B. Contractor shall submit one black and white print and one reproducible with each submission. Cost of all prints required from the reproducible, including prints required by the Engineer, shall be borne by this Contractor. MATERIALS A. Deformed reinforced steel shall conform with SPECIFICATIONS FOR NEW BILLET-STEEL BARS FOR CONCRETE REINFORCEMENT, ASTM A-615, GRADE 60. B. Deformations on deformed bars shall conform with SPECIFICATIONS FOR DEFORMATIONS OF DEFORMED STEEL BARS FOR CONCRETE REINFORCEMENT, ASTM A-305. C. Welded wire fabric shall comply with ASTM A-185. PLACING OF REINFORCEMENT A. Metal supports, ties and spacers for reinforcement shall be rustproof of proper size, and strength to ensure against displacement during pouring operations. For structural slabs placed on ground, provide legs of slab bolsters and continuous high chairs with continuous plates. B. All reinforcement shall be bent cold. Minimum radius of bend shall be four diameters for bars 5/8 inch round or less, and six diameters for larger bars. C. At intersections, rods shall be securely wired together. D. Contractor shall exercise extreme care to prevent discoloration of exposed concrete surfaces by reinforcement. E. All reinforcement shall be inspected in the forms before concreting starts by the Engineer. Contractor shall notify the Engineer at least 24 hours prior to any pour. END OF SECTION 03200—CONCRETE REINFORCEMENT DIVISION 3 —Page 4 of 8 DIVISION 3 CONCRETE SECTION 03300 - CAST-IN-PLACE CONCRETE RELATED SECTIONS See Section 09672 Resinous Flooring for concrete floor coating. REFERENCES Except as shown or specified otherwise, the Work of this Section shall conform to the requirements of Specifications for Structural Concrete for Buildings ACI 301-89 of the American Concrete Institute. Materials used to produce concrete and testing thereof shall comply with the applicable standards listed in the New York State Building Code, Chapter 19 Concrete. QUALITY ASSURANCE Concrete batching plant shall be currently approved as a concrete supplier by the New York State Department of Transportation. PROPORTIONING (Amendments to ACI 301, Chapter 3): A. Compressive Strength: Minimum 4000 psi for structural footings, foundations, floor slabs, exterior slabs, ramps and stairs. B. Weight: Normal weight as indicated, Lightweight Concrete (for floor fills): Air-dry unit weight between 95 and 115 lb/cu ft. C. Durability: 1. Concrete shall be air-entrained. Design air content shall be 6 percent by volume, with an allowable tolerance of plus or minus 1.5 percent for total air content. Entrained air shall be provided by use of an approved air-entraining admixture. Air-entrained cement shall not be used. D. Slump: 4000 psi Normal Weight Concrete: Between 2 inches and 3 inches. E. Admixtures: Do not use admixtures in concrete unless specified or approved in writing by the Engineer. F. Selection of Proportions: Concrete proportions shall be established on the basis of previous field experience or laboratory trial batches, unless otherwise approved in writing by the Engineer. Proportion mix with a minimum cement content of 564 pounds per cubic yard for 3000 psi concrete and 611 pounds per cubic yard for 4000 psi concrete. DIVISION 3 —Page 5 of 8 DIVISION 3 - CONCRETE REINFORCEMENT (Amendments to ACI 301, Chapter 5): A. Bar Reinforcement: ASTM A 615, Grade 60, deformed steel bars. B. Fabric Reinforcement: ASTM A 185, welded wire fabric, fabricated into flat sheets unless otherwise indicated. C. Bar Supports: Galvanized steel or AISI Type 430 stainless steel, and without plastic tips. D. Tie Wire: Black annealed wire, 16-1/2 gage or heavier. PRODUCTION (Amendments to ACI 301, Chapter 7) A. Provide ready-mixed concrete, either central-mixed or truck-mixed. EXAMINATION AND PREPARATION A. Do not use items of aluminum for mixing, chuting, conveying, forming or finishing concrete, except magnesium alloy tools may be used for finishing. B. Keep excavations free of water. Do not deposit concrete in water. C. Hardened concrete, reinforcement, forms, and earth which will be in contact with fresh concrete shall be free from frost at the time of concrete placement. D. Prior to placement of concrete, remove all hardened concrete spillage and foreign materials from the space to be occupied by the concrete. FORMWORK (Amendments to ACI 301, Chapter 4) A. Chamfer all exposed external corners of concrete. PLACING REINFORCEMENT (Amendments to ACI 301, Chapter 5) A. At the time concrete is placed, reinforcement shall be free of mud, oil, loose rust, loose mill scale, and other materials or coatings that may adversely affect or reduce the bond. PLACING CONCRETE (Amendments to ACI 301, Chapter 8) A. Operation of truck mixers and agitators and discharge limitations shall conform to the requirements of ASTM C 94. B. Do not allow concrete to free fall more than 4 feet. FINISHING FORMED SURFACES (Amendments to ACI 301, Chapter 10) A. Finish Schedule: Except where indicated otherwise on the Drawings, provide the finishes DIVISION 3 —Page 6 of 8 DIVISION 3 - CONCRETE below: 1. Rough Form Finish for concrete surfaces not exposed to view. 2. Smooth Form Finish for concrete surfaces exposed to view. 3. Smooth Rubbed Finish for exterior concrete surfaces exposed to view. 4. Grout Cleaned Finish for interior concrete surfaces exposed to view. FINISHING SLABS (Amendments to ACI 301, Chapter 11) A. Slabs On Grade: Provide key type joints unless otherwise shown. Tool exposed joints. B. Finish Schedule: Except where indicated otherwise on the Drawings, provide the finishes below: 1. Broom Finish for exterior slabs. Texture as approved by the Engineer. 2. Smooth Finish for interior slab. C. Finishing, General: Provide monolithic finishes on concrete floors and slabs without the addition of mortar or other filler material. Finish surfaces in true planes, true to line, with particular care taken during screeding to maintain an excess of concrete in front of the screed so as to prevent low spots. Screed and darby concrete to true planes while plastic and before free water rises to the surface. Do not perform finishing operations during the time free water(bleeding) is on the surface. CURING AND PROTECTION (Amendments to ACI 301, Chapter 12) A. Maintain concrete surfaces in a moist condition for at least 7 days after placing, except where otherwise indicated. B. For surfaces of exterior slabs (on grade), apply chemical curing and anti-spalling compound in accordance with the recommendations of the manufacturer. C. All concrete surfaces to be coated shall be clean and dry. Dirt, oil, loose concrete, salts, and other contaminants shall be wire brushed or grit blasted until a bare surface is obtained. D. A minimum of two (2) coats shall be applied to concrete. A minimum of 24 hours must elapse before application of the second coat. Do not use if epoxy coating is to be installed. FIELD QUALITY CONTROL (Amendments to ACI 301, Chapter 16) A. The Contractor shall make a maximum of(2) two test cylinders per truck load of concrete delivered to the site for testing by a testing lab. Sampling to be taken as per ASTM C 172 Standard Practice for Sampling Freshly Mixed Concrete. Concrete shall be sampled from the middle of the load. B. The Contractor shall be responsible for furnishing the Engineer with the test results of each concrete test cylinder tested at 7 and 28 days for each truck load. DIVISION 3 —Page 7 of 8 DIVISION 3 - CONCRETE LABORATORY TESTS The Contractor shall be responsible for arranging and coordinating of all testing. All laboratory costs in establishing the design mix and testing of cylinders shall be borne by the Contractor. END OF SECTION 03300 - CAST-IN-PLACE CONCRETE DIVISION 3 —Page 8 of 8 I i 18" 4"Thick I Expansion Joint 3,000 PSI Align New Curbing Concrete Slab , & Tie Into ExistingExisting Curbing Compacted %^'•; .y-••• M ;,'a;,r•;{ Stone Fill "''' 'Z.•. c •. '':. r. S Concrete Curb. this Area to Remain ' r Asphalt Pavement 3,000 PSI Concrete Curbing ' Align New Curbing SECTION DETAIL', Along Existing Curb I � Inlet&Tie Into Existing �, I SOUTHOLD TOWN Concrete Curbing. I x Scale't N.T.S. 19-0•, ENGINEERING Typ. Existing Curbing 41'i 0" this Area to Remain New Asphalt& New Mountable Curbing o o,su Paint By See Details this Sheet. r -4' j0� vG Others.Typ. ;:;_ 5'4 4 S aces 9'Each=36'-0^ R 4' •': •'r5 _ '_A. i"��"'- O rry ��.lj�r• .�. Y"t^ Z � , >.•`M1•l• tai`: Y_=•r 4 Existing Concrete I •i, tiA 4"Thick w•..tiv 70 �Y. New Curbing& � 3,000 PSI �•S�z:::.?s•�•�: .�.. 7 Curbing to Remain. Sidewalk Concrete Slab This Area Existing Concrete Equal Equal •v Curbing to Remain.LL 81 . 'E Q PROPOSED: r 9-0,• 3,000 PSI RECONSTRUCTION X Existing Cast Iron ConcreteCurbin , g PIKE STREET PARKING Typ. • Q Covers to be Extended SEE Detail 1 Above to Grade Prior to M A T T I T U C K Pavement. (By Others) PROJECT NOTE: Paint -�'n PLAN DETAIL ��A�� Town of Southold ( - Set New Concrete Curb& Provide A.D.A.Compliant by Others r � y Sidewalk Such That Existing DRAW James A. Richter,RA Handicap Access Ramps I Entrance Does Not Flood. Scale : N.T.S. sctw R at Each Location Noted � , Coordinate with Town Engineering 1000 - 140 -03 - 5 With "ADA". Typical sDue: of 4 Locations. y 3,000 PSI Concrete with AS NOTED Steel Reinforcement. #4 Bars DAM ami 8.. 2,-0.. 5. D.. at 6"O.C.Each Way February 12,2018 % > RINSEO: DESCMPnoN OF M004RCAn0N: EXISTING Equal Equal BUILDING r v Line of Curb Beyond s Existing `O ' New Concrete y Road Curb New Concrete - Curb 4• 41 °D ? i Maintai 'Se Compacted Stone of Buiilding parading �•• _ -„. , a �From Fn 4ace f P arkin Lot Pavement meq. ���; .. ,,�:•� P 9 Blend Fill o. By Others New Concrete ^;. Sidewalk ':;. ;z$ :. Grass �� CURB CUT APRON DETAIL "2" .. �^{ ::::_i.�.;.,;i+.. %6 4f' 6%/N%AAP h. , " .f Scale N.T.S.Ali n New Curbin9 Align New Curbing with Existing Sidewalk & Sidewalk with New Sidewalk& a, Adjacent Curb Cut Concrete Curb 3,000 PSI Concrete with New Concretefm 0 8" 2'-0" 6 x 6-10/10 W.W.F. 27--0-- 112--0--J 49•-6" 12'-0" 24•-6"+/- a Curb Field Verify v Pike Street ,"Radius Existing Utility Pole to Remain. Existing �~ —i -.,F To soil&Seed Road = By Others Typical at 2 Locations Compacted Fill v 0o xis• i 3,000 PSI Concrete Curb DRAWING H: Pike Street Parking Lot - Mattituck CURB & SIDEWALK DETAIL '113" Aml Scale : 1" = 40.0' Scale : N.T.S. S,EE,R -L-OF 1 STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold,New York being duly sworn, says that on the 14th day of February , 2018, a notice of which the annexed printed notice is a true copy was affixed, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Bid for Pike Street Parking Lot lizabeth A. Neville 'Southold Town Clerk Sworn before me this 14th day of Februa , 2018. �Notary LYNDA M. RUDDER Notary Public, State of New York No.01 RU6020932 Qualified in Suffolk County Commission Expires March 8,20� LEGAL NOTICE Request for Bid Proposals NOTICE IS HEREBY GIVEN, in accordance with the provisions of Section 103 of the General Municipal Law, that sealed bids will be received by the Town Clerk of the Town of Southold, Suffolk County, New York, at the Southold Town Clerk's Office, Town Hall, 53095 Main Road, Southold,New York 11971, until 2:00 P.M. Thursday, March 15, 2018, at which time they will be publicly opened and read aloud, for Pike Street Parking Lot Improvements. Specifications may be obtained at the Office of the Southold Town Clerk during normal business hours. Request for additional information or inquires should be addressed to the James A. Richter, R.A., Southold Town Hall, PO Box 1179, Southold,NY 11971. Telephone: (631) 765-1560. The Town Board of the Town of Southold reserves the right to reject any and all bids and to waive any defect or informality in any bid should it be deemed in the best interest of the Town of Southold to do so. All bids must be accompanied by a Non-Collusive Bid Certificate, and 5% bid security. All bids must be marked "Bid on Pike Street Parking", and must be signed and sealed in envelopes plainly addressed to the Town Clerk, Town of Southold, Town Hall, 53095 Main Road, Southold, New York 11971. The bid price shall not include any tax, federal, state, or local, from which the Town of Southold is exempt. Dated: February 6, 2018 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON FEBRUARY 22, 2018, AND FORWARD ONE (1 ) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, PO BOX 1179, SOUTHOLD, NEW YORK 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney Dodge Reports Brown's Letters Burrelle's Info Services Town Clerk's Bulletin Board Southold Town Board - Letter Board Meeting of February 6, 2018 RESOLUTION 2018-157 Item# 5.37 ADOPTED DOC ID: 13808 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-157 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 6,2018: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk's office to advertise for bids for the improvement to the Pike Street Municipal Parking Lot, Mattituck. Specifications to be provided by Town Engineer. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: James Dinizio Jr, Councilman SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Generated February 7, 2018 Page 52 prrnct6� RESOLUTION 2018-294 Fi f+ � ADOPTED DOC ID: 13960 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-294 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 27, 2018: RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Concrete Plus, Inc. in the total amount of$33,610.00 for the Pike Street Parking Lot Improvements, Mattituck; and be it further RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement between the Town of Southold and Concrete Plus, Inc. in the total amount of$33,610.00, subject to the approval of the Town Attorney. Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: James Dinizio Jr, Councilman SECONDER:William P. Roland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell TOWN OF SOUTHOLD PIKE STREET PARKING LOT IMPROVEMENTS CONSTRUCTION SPECIFICATIONS SOUTHOLD, SUFFOLK COUNTY,NEW YORK RECEIVED APR 2 3 2018 Southold Town Clerk IS co 4 Prepared By: TOWN OF SOUTHOLD Engineering Department 53095 Main Road Southold,New York 11971 February 12, 2018 (631) 765-1560 t TOWN OF SOUTHOLD 53095 MAIN ROAD, SOUTHOLD, NEW YORK 11971 PHONE: 631-765-1560 / FAX: 631-765-9015 INVITATION TO BID NOTICE IS HEREBY GIVEN THAT SEALED PROPOSALS ARE SOUGHT AND REQUESTED FOR THE FOLLOWING: BID NAME: "PIKE STREET PARKING LOT IMPROVEMENTS" Definite specifications may be obtained at the Southold Town Clerk's Office beginning February 22, 2018 PLACE OF OPENINGS: DATE OF OPENINGS: TIME OF OPENINGS: TOWN OF SOUTHOLD March 15, 2018 2:00 PM TOWN CLERKS OFFICE 53095 MAIN ROAD SOUTHOLD, NY 11971 CONTACT PERSON: James Richter, R.A. Town of Southold, 631-765-1560 VENDORS MUST SUBMIT BIDS IN SEALED ENVELOPES. PLEASE PRINT ON THE FACE OF ENVELOPE: 1)NAME & ADDRESS OF BIDDER 2) BID NAME BID MUST BE ACCOMPANIED BY A 5 % BID SECURITY. It is the bidder's responsibility to read the attached Bid Specifications, Instructions to Bidders, and General Conditions, which outline bidding rules of the Town of Southold. Upon submission of bid, it is understood that the bidder has read, fully understands and will comply with said GENERAL CONDITIONS and specification requirements. The Town of Southold requires that this document be returned intact and that it be filled out completely. Please do not remove any pages from this bid package, and make a copy of the bid document for your records. A non-mandatory pre-bidder's conference will be held at 2:OOPM on March 6, 2018 at the site located at 630 Pike Street in Mattituck, New York. The Town of Southold welcomes and encourages minority and women-owned businesses to participate in the bidding process. TABLE OF CONTENTS TOWN OF SOUTHOLD PIKE STREET PARKING LOT IMPROVEMENTS Title Page ------ Invitation to Bid ------ Table of Contents ------ Instructions to Bidders IB-1 thru I13-6 Standard Insurance Requirements SIR 1 thru SIR 3 General Conditions GC-1 thru GC-12 Conditions of Contract CC-1 thru CC-18 Proposal Form Package Pages 1 —9 Qualification of Bidders QS-1 thru QS-4 Contract Agreement A-1 thru A-3 NYS Wage Rates ------ Technical Specifications Divisions 1-3 Contract Drawings INSTRUCTIONS TO BIDDERS INDEX 1. Receipt and Opening of Bids 2. Form, Preparation and Presentation of Proposal 3. Bid Security 4. Qualifications of Bidders 5. Rejection of Bids 6. Bidders Responsibility 7. Construction Terms and Conditions 8. Seeur-ity for-Faithful Per-fe�anee and Main4efian 9. Bid Reservations 10. Non-Collusive Statement 11. Addenda and Interpretations 12. Method of Award 13. Single Price Bid Analysis 14. Municipal Exempt Status 15. Labor Law 16. Wage Rates 17. Insurance Required by the Town of Southold 18. Quantities IB - I INSTRUCTIONS TO BIDDERS 1. RECEIPT AND OPENING OF BIDS The Town of Southold invites bids on the forms herein provided for the Pike Street Parking Lot Improvements at 630 Pike Street in Mattituck, New York. Sealed bids shall be received by the office of the Southold Town Clerk, 53095 Route 25 Southold, New York 11971, no later than 2:00 P.M. prevailing time on Thursday, March 15'', 2018, at which time they will be opened and publicly read aloud. All bids received after the time stated for the opening in the Notice to Bidders may not be considered and will be returned unopened to the bidder. The bidder assumes the risk of any delay in the mail or in the handling of the mail by employees of the Town. Whether sent by mail or by means of personal delivery, the bidder assumes responsibility for having his bid deposited on time at the place specified. Faxed bids will not be accepted. 2. FORM, PREPARATION AND PRESENTATION OF PROPOSAL The Proposal Form as issued by the Town shall be completely filled in, in black ink or typed on the original bid form. No photocopies will be accepted. All blank spaces for bid prices must be filled in, in both words and figures, with a total or gross sum for which the bid is made. All lines must have an indication of the bidder's response whether it be "0", "N/A", "No Charge", or a dollar figure. All lines must be filled in to indicate bidder's acknowledgement of the request. Bids that do not have all applicable lines filled in on the bid proposal form may be disqualified as a non-responsive bid. We cannot assume there is "no charge" when lines are left empty. Bids that contain any omission, erasure, alteration, addition or items not called for in the itemized bid form or that contain irregularities of any kind will not be accepted. In case of discrepancy between the unit price and total amount bid for any item, the unit price, as expressed in words, shall govern. The following two items will automatically render a bid unacceptable to the Town of Southold: a. Failure to sign bid proposal page. b. Failure to include necessary bid security deposit(as required). It shall be fully understood that any deviations from the inclusion of the above items will be grounds to see the bid as non-compliant and will not be considered for award. 3. BID SECURITY (a) The Bid must be accompanied by a certified check on a solvent bank or trust company with its principal place of business in New York State, or an acceptable bid bond, in an amount equal to not less than five percent (5%) of the total amount bid, made payable to the Town of Southold (herein identified as Owner), as assurance that the bid is made in good faith. The certified checks or bid bonds of unsuccessful bidders will be returned after execution of the Contract between the Owner and the successful bidder; the certified check or bid bond of the successful bidder will be retained until filing and approval of the er-fofmanBond until the completion of ten percent(10%)of the work under the Contract. IB - 2 i i INSTRUCTIONS TO-BIDDERS I (b) The successful bidder, upon his failure or refusal to execute and deliver the Contract and bonds required within ten (10) days after the date of notice of the acceptance of his bid, shall forfeit to the Owner, as liquidated damages for such failure or refusal, the security he deposited with his bid. 4. QUALIFICATIONS OF BIDDERS (a) Forms for qualifications of bidders, giving evidence of sufficient facilities, equipment, experience and financial ability to insure completion of the work are provided with the bid specification package, and shall be filled out by the contractor and returned with the bid submission. i (b) Information contained in any statement of financial ability shall be not more than thirty days old at the time of submission. (c) The Town reserves the right to make such investigation as it may deem necessary or advisable to determine any bidder's ability to do thel work, and the,bidder shall furnish to the Town, on request, all data and information pertineni thereto. The Town reserves the right to reject any bid if such investigation fails to satisfy the Town that the bidder is fully qualified to do the work. Financial instability of a bidder may be cause for non-award. 5. REJECTION OF BIDS i (a) The TOWN BOARD reserves the right to reject!any bid if the evidence submitted in the qualifications statement or an investigation of such bidder fails to satisfy the TOWN BOARD that such bidder is properly qualified to carry out the obligations of the Contract and to complete the work contemplated therein. Conditional bids will be considered informal and will be rejected. (b) The TOWN BOARD reserves the right to reject any and all bids, in whole or in part,to waive any informality in any or all bids, and to accept the bid or part thereof which it deems most favorable to the Town after all bids have been examined and/or checked. i 6. BIDDERS RESPONSIBILITY ( (a) Bidders are cautioned not to submit bids until after having inspected the site of the proposed improvement and having made themselves familiar with local conditions. The attention of persons intending to submit bids is specifically called!to the paragraph of the Contract which debars a Contractor from pleading misunderstanding or deception because of estimates or quantities, character, location or other conditions surrounding the same. Special attention is called to the notes on the Plans or in the itemized form of bid, which are made a part of this Contract, which may alter or revise the Specifications for the particular contract. I (b) No representation is made as to the existence or nonexistence of groundwater, which may in any way impede the work, proposed to be accomplished. Each bidder shall fully inform himself as to groundwater and sub-surface conditions prior to submitting his bid. i I (c) The submission of a bid will be construed to mean that the bidder is fully informed as to the IB - 3 I INSTRUCTIONS TO BIDDERS extent, cost, and character of the materials, labor, and equipment required to,complete the proposed job in accordance with the Plans and Specifications, including all other expenses incidental thereto. (d) Bidders must examine the Plans and Specifications and exercise their own judgment as to the nature and amount of the whole of the work to be done, and for the bid prices, must assume all risks of variance by whomsoever made in computation or statement of amounts or quantities necessary to fully complete the work in strict compliance with the Contract Documents. (e) The Bidder shall assume all risks and responsibility and shall complete the work in whatever material and under whatever conditions he may encounter or create, without extra cost to the Town. (f)No pleas of ignorance or misunderstanding of conditions that exist or that may hereafter exist, or of conditions or difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary examinations and investigations, will be to fulfill in every detail all of the requirements of the Contract Documents, or will be accepted as a basis for any claims whatsoever for extra compensation,or for an extension of time. 7. CONSTRUCTION TERMS AND CONDITIONS The successful bidder is warned that the work specified in the Conditions of Contract, together with the Instructions to Bidders, Proposal Form, General Conditions, Plans, Specifications and instructions of the Engineer or his duly authorized representative will be rigidly enforced. O SE L`RFORACA AT! AND MAINTENANCE I to one htmdr-ed0 ) of the amount bid. sueh bends to be exeeuted by a New Yer4E lieensed insur-ane eaFfief/sur-ety eempany with an A rating er better- fr A.M. Best P Go. d a6eeptable + +L Owner-; or- bonds seeufed by eellater-al; or- se wed by the 0,A%er-. The Per-feFmanee Bond shall be Nwitto to W1 v + ., a maintenanee bond fer- a pefied of net less than one ( ) year-^4+or the a + f final aeeeptanee f the wer4E. after-the date of netiee of award, shall feffeit to the QyAier-, as liquidated damages for-sueh failure- of refusal, the seetifity deposited with his bid, and he will be liable for-and he agrees te pay to the shall subsequently be r-e let ineluding the eest of sueh r-e letting less the amount ef sueh deposit. Ne plea of mistake in sueh aeeepted bid shall be w,,ailable te the bidder- for- Feeever-y of hi deposit or- as a defense te any a .i eeepted bid uf4ess said fnistake ean be pr-oven by has been mpleted +l, bid seeu +. the bid ill fi e� J Y J b b v uaii�u IB -4 INSTRUCTIONS TO BIDDERS i 9. BID RESERVATIONS Bids submitted shall remain in effect for forty-five (45) days past the date of bid opening. This period may be extended, for the benefit of the Town, by mutual agreement between the Bidder and the Purchasing Agent. 10. NON-COLLUSIVE STATEMENT The form of non-collusion bidding certification contained in the proposal package must be executed by the Bidder and submitted with the proposal. The submission of this statement certifies that the prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor. 11. ADDENDA AND INTERPRETATIONS - Every request for information or interpretation of the Contract Documents or Drawings must be addressed in writing to the Town Engineering Department of Southold 53095 Main Road Southold, New York 11971 (fax) 631-765-9015, and to be given any consideration, must be received at least five (5) days prior to the date fixed for the opening of bids. Any such interpretations or supplemental instructions will be in the form of written addenda, and will be mailed or faxed to all prospective bidders. The failure of any bidder to receive any such addenda will not relieve the bidder of any obligation under his bid as submitted. Any addenda so issued shall become part of the Contract Documents. 12. METHOD OF AWARD The bid will be awarded to the lowest responsive, responsible bidder, as will best promote the public interest, taking into consideration the reliability of the bidder, the quality of the materials, equipment, or supplies to be furnished, and conformity with the specifications. 13. SINGLE PRICE BID ANALYSIS In the event a single bid is received, the Town will conduct a price analysis of the bid price prior to the award of the contract. 14. MUNICIPAL EXEMPT STATUS The Town is exempt from the payment of Federal, State and local taxes. Taxes must not be included in proposal prices. . 15. LABOR LAW The Contractor and each and every subcontractor performing work at the site of the project to which this Contract relates shall comply with the applicable provisions of the Labor Law, as amended, of the State of New York. 113 - 5 INSTRUCTIONS TO BIDDERS Attention is called to certain provisions of the Labor Law, as set forth in the Conditions of Contract, Paragraph 11, which are hereby referred to and made a part hereof. 16. WAGE RATES The rates of wages determined by the New York State Industrial Commissioner pursuant to the Labor Law, which shall be paid on this project, are set forth herein following the Instructions to Bidders. Contractors and subcontractors are required to submit to the Town, within thirty days after issuance of the first payroll, and every thirty days thereafter, a transcript of the original payroll records, subscribed and affirmed as true under the penalties of perjury. 17. INSURANCE REQUIRED BY THE TOWN OF SOUTHOLD The successful bidder will be required to procure and pay for the following types of insurance, as set forth in more detail herein following the Instructions to Bidders in the Standard Insurance Requirements section. (a) Comprehensive Automobile Policy (b) Comprehensive General Liability (c) Excess/Umbrella Insurance (d) Owner's and Contractor's Protective Liability (e) Workmen's Compensation Insurance (f) Disability Insurance and Unemployment Insurance 18. QUANTITIES Any quantities set forth in the bid specifications are approximations only. No guarantee is made for any quantities stated. Payment shall be on the basis of actual quantities supplied or the actual work done at the unit prices quoted. 113 - 6 STANDARD INSURANCE REQUIREMENTS TOWN OF SOUTHOLD CONTRACT INSURANCE REQUIREMENTS INSURANCE IDENTIFICATION: THE BID NUMBER IS TO APPEAR ON ALL INSURANCE CERTIFICATES INDEPENDENT CONTRACTOR: The Corporation/Contractor/Agency/Consultant, is an independent contractor and covenants and agrees that it, its agents, servants and/or employees will neither hold itself/themselves out as, nor claim to be an employee, servant or agent of the TOWN OF SOUTHOLD, and that it, its agents and employees will not make claim, demand or application to or for any right or privilege applicable to an officer or employee of the TOWN OF SOUTHOLD including, but not limited to Worker's Compensation coverage, Unemployment Insurance benefits, Social Security coverage or retirement membership or credit. INSURANCE: Contractor/vendor shall not commence work under this contract until he has obtained all insurance required under the following paragraphs, and the Town of Southold has approved such insurance. WORKERS' COMPENSATION: Contractor/vendor shall take out and maintain during the life of this contract, such insurance as will protect both the owner and the contractor from claims under worker's compensation acts and amendments thereto and from any other claims for property damage and for personal injury including death, which may arise from operations under this contract, whether such operations by contractor or by any other party directly or indirectly employed by the contractor. Copy of Certificate to be provided to the Town of Southold. DISABILITY INSURANCE & UNEMPLOYMENT INSURANCE: Contractor/vendor shall take out and maintain during the entire term of the contract any disability benefits and unemployment insurance as required by law. Copy of Certificate to be provided to the Town of Southold. GENERAL LIABILITY INSURANCE: The contractor/vendor shall take out and maintain during the life of the contract, such bodily injury liability and property damage liability insurance as shall protect him and the Town from claims for damages for bodily injury including accidental death, as well as from claims for property damage which may arise from operations under this contract, whether such operations be by himself or by any subcontractor or by anyone directly or indirectly employed by either of them. It shall be the responsibility of the contractor/vendor to maintain such insurance in amounts sufficient to fully protect himself and the Town, but in no instance shall amounts be less than those set forth below. These amounts are specified only to establish the minimum coverage acceptable. Bodily injury liability and property damage liability insurance in an amount not less than $1,000,000 (one million dollars) for damages on account of any one accident, and in an amount of not less than $1,000,000 (one million dollars) on account of all accidents (general aggregate). EXCESS/UMBRELLA INSURANCE: The contractor/vendor shall take out and maintain during the life of the project an excess/ umbrella insurance policy in an amount of not less than $2,000,000 (Two million dollars) each occurrence and aggregate. SIR- 1 STANDARD INSURANCE REQUIREMENTS OTHER CONDITIONS OF COMMERCIAL GENERAL LIABILITY INSURANCE: 1. Coverage shall be written on commercial general liability form 2. Coverage shall include: A. Contractual liability B. Independent contractors C. Products and completed operations AUTOMOBILE LIABILITY INSURANCE: Automobile bodily injury liability and property damage liability insurance shall be provided by the contractor/vendor with a minimum combined single limit (CSL) of$1,000,000(one million dollars). OTHER CONDITIONS OF AUTOMOBILE LIABILITY INSURANCE: 1. Coverage shall include: A. All owned vehicles B. Hired car and non-ownership liability coverage C. Statutory no-fault coverage OWNERS & CONTRACTORS PROTECTIVE LIABILITY: An OCP Policy shall be required by the Town of Southold in limits of $1,000,000 combined single limit, each occurrence, $1,000,000 General Aggregate. This insurance must fully cover the legal liability of the specific farm owner, as Owner, NAMING THE FARM OWNER AND TOWN OF SOUTHOLD AS INSURED. The contractor shall furnish the Town with the original insurance policy. ADDITIONAL CONDITIONS OF INSURANCE: 1. Contractor/vendor shall submit copies of any or all required insurance policies as and when requested by the Town. 2. If any of the contractor's/vendor's policies of insurance are cancelled or not renewed during the life of the contract, immediate notice of cancellation of non-renewal shall be delivered to the Town no less than 10 days prior to the date and time of cancellation or non-renewal. CERTIFICATE OF INSURANCE: The contractor/vendor shall file with the Town of Southold prior to commencing work under this contract, a certificate of insurance 1. Certificate of insurance shall include: A. Name and address of insured B. Issue date of certificate C. Insurance company name D. Type of coverage in effect E. Policy number F. Inception and expiration dates of policies included G. Limits of liability for all policies on certificate. included on certificate SIR - 2 STANDARD INSURANCE REQUIREMENTS W�sjKWT,,@,J w�..,f oera''•orisetc °!�tdy. ":1N�Ni�OF�'S�OUTHOLD�S�'LISTED]'AS���ADD,ITI.ON�A''L�I�-N�S�U ED ce ,ti: y (t�P 'v I � i s� rt.4-is;1r• wni:r.. 1 !.- !au •y��"'� � �rLZ�ItEaI'CAsT�'AHO.L"IJER��SHALT,1jB �r�lI'_a:D'� .�- ��yh_�;...f-�`�...�j��"�..�:;�,. +ro'+^,n•``A w!'• �rnifYil: .t L:� ) l�'`S• ���t 1# Y:^.+; h• ��tt ., Xi y t�°k ���: � t'�•,�n_'x7.2.,Y• r�. :.}:,>r�:•, i .! ;o�''-L 4. �'i _a 3 �,.. �.:...,,:.�:.5,�4 •'"1,,. c_�. •tn�'t�1- -� b t'7 3�•• �.tt'a�''�Slt�.'c ?' -)" �.. �... Q ± � a z,��';�:. ..,.,.�, a�`•c"'� w:fir, a,� d •. '' c3 095=:� � '^"••� � �r,^` t �,'-�.1 �-{� ...�," r`e ���»'..,� t y .��h..'��>%,x..�: �N,•�tsszC�x,`�i`i.'�,.. �, ,�+"r� i�:�•t...,�f �• �_ ..� ,� r�T.�r7^'�,.. :f..(YTej'.,� r..�.,�.�y�. ��yr a.••,..'...•�Y'n..f-L...-.F�.k.��s-t"�'="F''�i)s s'��"i' er r'Mui`-r, i. \' 31� .®l°J� �:®r�=�r�L°L\IRYr�?l]tl��3 ''2L.��{"'.8ri�,;sr�..},(}-.��_,��y�;�'eI.'�"s'",u;?',..,�5''. -• �'��t'.:?!', �,1 t .��yy•rr``yy a•.'rti.I:.'.•y_.r.';i's•r R� N. � .+a.^� K.. cry: £� iMi•V',,y h l ��"�,%:•,��,7("l�.,Y�i.•. q i'-...� .� iti�`' •�v'ti 2. If the contractor's/vendor's insurance policies should be non-renewed, cancelled or expire during the life of the contact, the Town shall be provided with a new certificate indicating the replacement policy information as requested above. Thirty days (30) prior written notice to the Town of Southold for cancellation is applicable. SIR- 3 GENERAL CONDITIONS INDEX 1. Definitions of Terms 2. Standards of Workmanship 3. Samples 4. Manufactured Materials 5. Laboratory 6. Shop Drawings 7. Permits 8. Plans and Specifications 9. Cutting, Patching and Digging 10. Errors, Omissions and Discrepancies 11. Temporary O€f ee &Toilet 12. Proper Method of Work and Proper Materials 13. Inspection 14. Waiver 15. Water and Electric Power 16. Machinery and Equipment 17. Maintenance 18. Schedule of Operations 19. Right to Use Work 20. Notice of Warning 21. Warning Signs 22. Accident Prevention 23. Damages 24. Maintenance of Traffic 25. Final Site Cleaning 26. Protection of Land Markers,Trees, Shrubs, and Property 27. Protection of Utilities 28. No Damages for Delay 29. Record Keeping 30. Subcontractors and Suppliers 31. Penal Law GC - 1 GENERAL CONDITIONS 1. DEFINITIONS OF TERMS: Whenever the following words and expressions are used in the Specifications, it is understood that they have the meaning defined below: PLANS: All official drawings or reproductions of drawings pertaining to the work or to any structure connected therewith. SPECIFICATIONS: The body of directions, requirements, descriptions, etc. contained in this document, together with all documents of any description and agreements made (or to be made) pertaining to the methods or manner of performing the work and/or to the quantities and quality of materials to be furnished and accepted under this Contract. OWNER: Shall mean Town Board, Town of Southold. ENGINEER (ARCHITECT): the Owner and/or duly authorized representative to represent the Owner in the execution of the work covered by the consultants and assistants engaged by the Owner and the Engineer to the extent of the particular duties entrusted to them. CONTRACT: Collectively, the Contract executed by the Owner and the Contractor, Notice to Bidders, Instructions to Bidders, Proposal Form, Conditions of Contract, General Conditions, Special Conditions, Specifications, Construction Drawings, Addenda, Peffefmafiee , and all supplemental agreements made or to be made. CONTRACTOR: The party of the second part hereto, whether corporation, firm or individual, or any combination thereof, and successor, personal representatives, executors, administrators and assigns, and any person, firm or corporation who or which shall at any time be substituted in place of the second part under this Contract. INSPECTOR: An authorized representative of the Owner or his Engineer assigned to make any and all necessary inspections of the work performed and the materials furnished by the Contract. MATERIALS: Any approved materials acceptable to the Engineer and conforming to the requirements of these Specifications. WORK: All of the work proposed to be accomplished at the site of the project, and all such other work as is in any manner required to accomplish the complete project. This includes all plant, labor, materials, supplies, equipment and other facilities and acts necessary or proper or incidental to the carrying out and completion of the terms of this Contract. The term "work performed" shall be construed to include the material delivered to and suitably stored at the site of the project. 2. STANDARDS OF WORKMANSHIP: The apparent silence of the Specifications as to any detail or an apparent omission from them of a detailed description concerning any work to be done and materials to be furnished shall be regarded as meaning that only the best general practice observed in the latest current construction work is to prevail and that only material and workmanship of first quality is to be used in this connection and all interpretations of these Specifications shall be made upon this basis. GC - 2 GENERAL CONDITIONS 3. SAMPLES: The Contractor shall furnish for approval, all samples as directed. The work shall be in accordance with approved samples. Samples shall be submitted in ample time so as to prevent delay in fabrication or ordering of materials, allowing for a reasonable time for the Engineer to consider the samples submitted and, if necessary, to permit a resubmission of samples to the Engineer until approval is given. Work and material shall be furnished and executed in accordance with approved samples, in every aspect. Each sample shall be labeled, bearing material, name and quality, Contractor's name, date and other pertinent data. Unless otherwise specified, samples shall be in duplicate and of adequate size to show quality, type, color, range and finish and texture of material. Materials shall not be ordered until approval is received in writing from Engineer. 4. MANUFACTURED MATERIALS: Where several materials are specified by name, the Engineer shall have the right, before execution of the Contract, to require any and all bidders to state the materials upon which they based their bid. Where any materials are specified by name or trade name, or by catalog number of a company or companies, the Contractor shall furnish the article mentioned unless approval of the Engineer is obtained in writing for a substitution. Should Contractor desire to substitute another material for one or more specified by name, he shall apply in writing for such permission and-state credit or extra involved. He shall also provide supporting data and samples for Engineer's consideration. Unless particularly specified otherwise, all manufactured articles, materials and equipment shall be applied, assembled, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer and including the necessary preparation to properly install the work. Where reference is made to manufacturer's directions, the Contractor shall submit such directions to the Engineer as required. The materials used in construction shall be disposed as not to endanger the work, and so that full access may at all times be had to partly completed work and structures and they shall be so disposed as to cause no injury to those having access to the work or any of the units. All labor shall be performed in the best and most workmanlike manner by mechanics skilled in their respective trades. Standards of work required throughout shall be of such grades as will bring first- class results only. The type of labor employed by the Contractor shall be such as will insure the uninterrupted continuity of the entire work, without conflict of any kind. 5. LABORATORY: Laboratories shall be designated by the Engineer for testing the materials to be used under the Contract. Where tests are made by other than the designated laboratories, two certified copies showing correctly the chemical analysis and physical tests shall be furnished to the Engineer. 6. SHOP DRAWINGS: The Contractor shall submit to the Engineer six (6) copies of all shop drawings and schedules and no work shall be fabricated until his approval has been given. All shop drawings submitted to the Engineer must be in English, and must bear the Contractor's stamp of approval evidencing that the drawings have been checked. GC - 3 GENERAL CONDITIONS The Contractor will make any corrections in the drawings required by the Engineer and will file with the Engineer four corrected copies. Approval by the Engineer of such drawings or schedules shall not relieve the Contractor from responsibility for (a) errors of any sort in shop or setting drawings or schedules; or(b) deviations from Plans and Specifications unless the Contractor, at the time of submission of said drawings and schedules, has given notice to the Engineer of any such deviations. 7. PERMITS: 7.1 Municipal: All work in connection with the installation of pipes or other underground structures of a like nature either within or without the limits of the highway, shall follow all the provisions as contained herein together with the provisions, as they apply, of the Highway Law (Town Code) with all subsequent changes, additions or corrections thereto. A. The Contractor shall obtain from the Building Department a certificate of occupancy, whenever the scope of work of the Contract provides for the construction of a building or structure, or for modification or alteration of a building or structure, so that a certificate of occupancy, or a revised certificate of occupancy is required under state and/or local law. The Owner shall be responsible for obtaining the building permit and permit(s)pre-requisite thereto, including but not limited to the following, unless Contractor is specifically required to obtain the same pursuant to other provisions of this document: (1) Building permit (2) Fire prevention permit (3) Health Department/Application to construct a) Sanitary system including SPDES permit b) Hazardous materials storage The following additional permits when required under law shall also be obtained by the Owner: (1) NYSDEC permit(s) (2) Town Division of Environmental Protection (3) Suffolk County Farmland Committee (4) U.S. Army Corp of Engineers The Contractor shall give all notices, and comply with all laws, ordinances, rules, regulations and conditions of the permits, bearing on the conduct of the work as drawn and specified, and shall be responsible for acquisition of all pertinent information necessary for such compliance. The Contractor shall be responsible for: (1) Coordinating all building department and other department and agency inspections and approvals, (2) Obtaining U.L. approvals, (3) Health Department inspections and approvals, (4) Obtaining final certificate of occupancy. On projects involving multiple contracts, it shall be the responsibility of the "General Contractor"to GC - 4 • GENERAL CONDITIONS coordinate with the building department and other agencies and to obtain the certificate of occupancy. It shall be the responsibility of the mechanical contractors (prime contractors other than the G.C.) to coordinate inspections and approvals of that part of the project, which falls within the scope of their contract with the G.C., and/or as may be appropriate, directly with the approving agency. In the event that one or more of the contractors on a multi-contract project fails to perform the work in a timely manner, thereby causing undue delay, in the completion of the project, and the issuance of the certificate of occupancy, the owner shall in that event, have the option to exercise "The owners right to stop work or terminate contract" as provided for in the conditions of the contract. B. Pipes and Underground Structures: All work in connection with the installation of pipes or other underground structures of a like nature either within or without the limits of the highway, shall follow all the provisions, as they apply, of the Highway Law As per Town Code Standards) with all subsequent changes, additions or corrections thereto. C. Any work to be performed within the Town Highway right-of-way will require a Town Highway Department road-opening permit. Obtaining of the permit and subsequent release/approval shall be the responsibility of the Contractor. Aeeeptanee ef the eentraeter-'s;perfefmanee bendiin lieu of the Gefl4aeters read opening bend s be at the option of the Highway DepaFti:ienl. 7.2 Suffolk County: All permits required for opening County roads and making connections with County drains will be obtained by the Owner. A copy of the permit, which must be kept on the job at all times, will be supplied to the Contractor. The Contractor will not be permitted to open any County road or make any connection to any County drain until he has been supplied with this permit. (a) Department of Public Works All permits required for opening County roads and making connections with County drains, will be obtained by the Owner. A Copy of the permit, which must be kept on the job at all times, will-be supplied to the Contractor. The Contractor will not be permitted to open any County road or make any connection to any County drain until he has been supplied with this permit. The Contractor shall be responsible for conformance to all conditions of the permit and for the subsequent release/approval. (b) Department of Health Services: The Contractor shall be responsible for obtaining approvals pursuant to Health Department permits described in paragraph 7.1A. GC - 5 GENERAL CONDITIONS 7.3 State of New York: The Contractor shall obtain all necessary New York State highway permits whenever the Contract requires any work to be done within or upon existing State highway right-of- ways. These permits shall be obtained from the District Office in Hauppauge prior to the performance of the work. Upon application for the permit, the Contractor will be required to supply the following: (1) Three (3) copies of a sketch or print showing description and location of the proposed work. The Engineer will supply these prints to the Contractor. (2) Contingent liability insurance for the State (in addition to his own liability insurance) shall be furnished in amounts and manner as required by the State of New York. The contingent protective liability and completed operations liability insurance policy to cover: "The people of the State of New York and/or the Superintendent of Public Works covering liability arising with respect to all operations through highway permits by permittee or by anyone acting by, through or for the permittee, including omissions.and supervisory acts of the State", in the amount of personal injury(including death)and property damage as required. 8. PLANS AND SPECIFICATIONS: The Contractor will be furnished with five sets of Plans and Specifications giving all the details and dimensions necessary for carrying out the work. One copy of Plans and Specifications furnished to the Contractor must be kept constantly on the site. Anything shown on the Plans and not mentioned in the Specifications or mentioned in the Specifications and not shown on the Plans and all the work and materials necessary for the completion of the work according to the intent and meaning of the Contract shall be furnished, performed and done as if the same were both mentioned in the Specifications and shown on the Drawings. Any conflict or inconsistency between the Plans and Specifications, or any discrepancy between the figures and scale of Drawings, shall be submitted by the Contractor to the Engineer, whose decision thereon shall be conclusive. In the event the meaning of any portion of the Specifications or Drawings or any supplementary drawings or instructions of the Engineer is doubtful, the same shall be understood to call for the best type of construction, both as to materials and workmanship, which reasonably can be interpreted. All materials and workmanship must be strictly in accordance with the Specifications. The Plans show approximate size, arrangement and location of the proposed work. The Engineer will give base lines, grades, shapes and dimensions and the Contractor shall construct the work exactly in accordance with such instructions of the Engineer subject, however, to change as provided for under the headings "Changes and Alterations" and "Compensation to be Paid to the Contractor". Additional copies of Plans and Specifications, when requested, will be furnished to the Contractor at cost of reproduction. The Contractor shall-furnish to each of the subcontractors and materialmen such copies of the Contract Documents as may be required for their work. GC - 6 GENERAL CONDITIONS 9. CUTTING, PATCHING AND DIGGING: The Contractor shall do all cutting, fitting or patching of his work that may be required to make its several parts come together properly and fit it to receive or be received by work of other contractors shown upon or reasonably implied by Drawings and Specifications for the completed structure, and he shall make good after them as Engineer may direct. Any cost caused by defective or ill-timed work shall be borne by the party responsible therefor. The Contractor shall not endanger any work by cutting, digging or otherwise, and shall not cut or alter the work of any other contractor save with the consent of the Engineer. 10. ERRORS, OMISSIONS AND DISCREPANCIES: a) If any errors, omissions or discrepancies appear in the drawings, Specifications or other documents, the Contractor shall, within ten days from receiving such Drawings, Specifications or documents, notify the Engineer in writing of such errors or omissions. In the event of the Contractor's failing to give such notice, he will be held responsible for the results of any such errors or omissions and the cost of rectifying the same. b) If, in the opinion of the Contractor, any work is shown on Drawings, or details, or is specified in such a manner as will make it impossible to produce a first class piece of work, or should discrepancies appear between the Drawings and/or Specifications, he shall refer the same to the Engineer for interpretation before proceeding with the work. If the Contractor fails to make such references to the Engineer, no excuse will thereafter be entertained for failure to carry out the work in satisfactory manner as directed. c) Should a conflict occur in or between the Drawings and Specifications and/or existing conditions, the Contractor shall be deemed to have estimated on the more expensive way of doing the work, unless he shall have asked for and obtained a decision in writing from the Engineer, before the submission of bids, as to which method or material will produce the results to the best interest of the Town. 11. TEMPORARY OFf4C�& TOILET• The r shall pfovide an of iee * alter for—i by the town and its representatives. 44ie tr-ailer- shall be elimate 6entfelled and have a elean p! table, desk aid—e-haiprovided inside. The Contractor shall provide and maintain a sanitary temporary toilet where directed by the Engineer. The temporary toilet shall be enclosed and weatherproof and kept in a sanitary condition at all times. Upon removal of the temporary outside toilet,the vault shall be disinfected, filled and all evidence of the toilet removed from the site. 12. PROPER METHOD OF WORK AND PROPER MATERIALS: The Engineer shall have the power in general to direct the order and sequence of the work, which shall be such as to permit the entire work under this Contract to be begun and to proceed as rapidly as possible and such as to bring the several parts of the work to a successful completion at about the same time. If at any time before the commencement or during the progress of the work the materials and appliances used or to be used appear to the Engineer as insufficient or improper for assuring the GC - 7 GENERAL CONDITIONS quality of the work required, or the required rate of progress, he may order the Contractor to increase their efficiency or to improve their character, and the failure of the Engineer to demand any increase of such efficiency or improvement shall not release the Contractor from his obligation to secure the quality of work or the rate of progress specified. During freezing or inclement weather, no work shall be done except such as can be done satisfactorily and in a manner to secure first-class construction throughout. All work shall be done in such a manner as will properly protect and support existing permanent structures, pipe lines, etc. 13. INSPECTION: Inspectors shall be authorized to inspect all work done on materials furnished. Such inspections may extend to all parts of the work and to the preparation or manufacture of the materials to be used. In case of any dispute arising between the Contractor and the Inspector as to materials furnished or the manner of performing the work, the Inspector shall have the authority to reject material or suspend the work until the question at issue shall be referred to and decided by the Engineer. The Inspector shall not be authorized to revoke, alter, enlarge, relax or release any requirements of these Specifications, nor to approve or accept any portion of the work, nor to issue instruction contrary to the Plans and Specifications. The Inspector shall in no case act as foreman or perform other duties for the Contractor or interfere with the management of the work by the latter. Any advice, which the Inspector may give the Contractor, shall in no way be construed as binding the Engineer nor the Owner in any way nor releasing the Contractor from the fulfillment of the terms of the Contract. The Contractor shall be conclusively presumed to be acquainted with all existing conditions and to guarantee that all work and materials shall, upon final completion of the work, be turned over to the Owner in a complete and perfect condition and he shall be responsible for the proper care, maintenance and protection of all work and material until-his entire Contract is completed and all work and materials found in good condition and accepted. The Contractor will be held responsible for the entire work until completed and accepted by the Engineer and the Owner. The Contractor shall, at all times, provide the Owners, Engineer, assistants and inspectors under him with necessary facilities for determining both on the work and at the places of manufacture, that all work being performed and all materials being manufactured are strictly in accord with the Contract. Until acceptance of work by the Owner, the Contractor shall be responsible for all damages to the work including action of the elements or any other cause whatsoever. The Contractor shall continuously and adequately protect the work against damage from any cause. 14. WAIVER: Neither the inspection by the Owner or Engineer or any part of their employees nor any order, measurement or certificate by the Engineer nor any order by the Owner for the payment of any money nor any payment for or acceptance of, the whole or any part of the work by the Engineer or the Owner nor any extension of time nor any possession taken by the Owner or its employees shall operate as a waiver of any provision of this Contract or of any power herein reserved to the Owner or any right to damages herein provided; nor shall any waiver of any breach of the Contract constitute a waiver of any subsequent breach. Any remedy provided in this Contract shall be construed as cumulative; that is in addition to each and every remedy herein provided. GC - 8 GENERAL CONDITIONS 15. WATER AND ELECTRIC POWER: All water and electric power supply for construction purposes must be provided by the Contractor. The cost shall be borne by the Contractor. 16. MACHINERY AND EQUIPMENT: All machinery, equipment, trucks and vehicles used in the prosecution of the work or in connection therewith, shall at all times be in proper working condition. The Contractor shall be responsible for curtailing noise, smoke, fumes or any other nuisance resulting from his operations. He shall, upon written notification from the Engineer, make any repairs, replacements, adjustments, additions, and furnish mufflers when necessary to fulfill these requirements. 17. MAINTENANCE: If, within one year from the date of issuance of the Final Certificate, any portion of the work shall, in the opinion of the Owner, require repairing, replacing, or rebuilding, the Contractor shall start such repairs within five (5) days after the receipt of notice from the Owner, and if the Contractor shall fail or neglect to start such repairs within the said five (5) days, the Owner may employ such other person or persons as they deem proper to make such repairs and pay the expense thereof out of any sum retained by them, provided nothing herein contained shall limit the liability of the Contractor or his Surety to the Owner for nonperformance of the Contractor's obligations at any time. 18. SCHEDULE OF OPERATIONS: Within 5 days after the signing of the Contract, the Contractor shall submit a proposed program of operations, showing clearly how he proposes to conduct the work so as to bring about the completion of his work within the time limit specified. This program shall outline the proposed sequence of operations, the rates of progress and the dates when his work will be sufficiently advanced to permit the installation of work under this Contract. 19. RIGHT TO USE WORK: The Owner may enter upon and use the whole or any portion of the work, which may be in condition to use any time previous to its final acceptance by the Owner. Such use shall not constitute or be evidence of acceptance by the Owner or the Engineer of the whole or any part of the material furnished or work performed under the Contract. 20. NOTICE OF WARNING: If the Contractor shall fail to make prompt payment to persons supplying labor or materials for the work, or refuse or fail to supply enough properly skilled workmen or proper materials or refuse or fail to prosecute the work or any part thereof with such diligence as will insure its completion within the period herein specified (or any duly authorized extension thereof) or fail to complete the work within said period or fail or refuse to regard laws, ordinances, codes, instructions of the Engineer, then the Engineer shall forward by registered mail to the Contractor, at the address given in the Contract, a Notice of Warning, and in the event the Contractor fails to comply with said Notice of Warning within five (5) days from receipt thereof, the Owner shall have the right to terminate the Contract. 21. WARNING SIGNS: Contractor shall provide and maintain proper luminous warning and detour signs where directed by the Engineer. Obstructions such as stored materials, equipment and excavations shall be marked with not less than two lights, which shall be not more than 4 feet apart. All lights shall be kept burning from one-half hour before sunset to until one-half hour after sunrise. GC - 9 GENERAL CONDITIONS 22. ACCIDENT PREVENTION: During the performance of the work, the Contractor shall exercise all reasonable precautions for the protection of persons and property. The safety provisions of applicable laws, building and construction codes shall be observed. Machinery, equipment and all other physical hazards shall be guarded in accordance with the safety provisions of the Manual of Accident Prevention in Construction published by the Associated General Contractors of America to the extent that such provisions are not inconsistent with Federal, State or Municipal laws or regulations. If any operation, practice or condition is deemed by the Engineer to be unsafe, he shall notify the Contractor in writing to take corrective action. Where, in the opinion of the Engineer, any operation, practice or condition shall be promptly discontinued and before the affected part of the work is resumed, remedial action taken. The Owner reserves the right to remedy any neglect on the part of Contractor as regards the protection of the work which may come to its attention, after 24 hours' notice in writing; except that in cases of emergency it shall have the right to remedy any neglect without notice, and in either case to deduct the cost of such remedy from money due the Contractor. Nothing in the foregoing paragraphs shall be construed as relieving the Contractor from full responsibility at all times for safe prosecution of the work. 23. DAMAGES: -The Contractor shall pay and make good all losses or damages arising out of any cause connected with the Contract and shall indemnify and save harmless the Owner from any and all claims and any and all liability or responsibility of every nature and kind for any loss, damage or injury which may be brought against the Owner or any of its officers or agents, by reason of, or connected with the work or materials furnished under the Contract and shall pay all costs and expenses of every kind, character, and nature whatever, occurring upon or arising out of the Contract. 24. MAINTENANCE OF TRAFFIC: All work under this Contract is to be completed within the time indicated in the Contract Agreement or as extended by the Owner. If in the meantime it should become necessary, because of the lateness of the season, or any other reason to stop the work, the Contractor shall at his own expense, open proper drainage ditches, erect temporary structures where necessary, prepare the roads so there will be minimum interference with traffic, set up and maintain a competent organization as directed by the Engineer, to keep the highways in first class condition for traffic, and take every precaution to prevent any damage or unreasonable deterioration of the work during the time it is closed. 25. FINAL SITE CLEARING: Before final payment will be approved, the Contractor shall prepare the construction areas as follows: All basins, manholes and pipe as constructed shall be cleaned free from accumulated construction dirt, silt, form work, etc., and all proper restoration as called for in the items of the Specifications shall be complete in every detail. The Contractor shall clean all construction areas free from accumulated forms, excavation fill, construction materials and construction shanties. All areas shall be completed in every detail and shall be broom cleaned from excess dirt and materials. GC - 10 • GENERAL CONDITIONS 26. PROTECTION OF LAND MARKERS, TREES, SHRUBS, AND PROPERTY: Wherever in the conduct of the work, a monument marking a point of public or private survey is encountered or brought to view by excavation, the fact) shall at once be communicated to the Engineer. In no case shall the Contractor remove the same until the location for resetting shall have been.made by the Engineer. All monuments or land markings exposed to view when the work is first undertaken shall be carefully preserved and the greatest care exercised to prevent injury to or disturbance of position of the same. The unit price of all items shall include the cost of restorinlg to its former condition any sidewalks or curbs, as well as restoring any trees, shrubs or lawns that may be damaged during this construction. No additional payment will be made. i The Contractor is required at his own expense to obtain any and all permits for use of private property if he uses such property for storage, transportation or accomplishment of the work under the Contract. Private property shall be cleaned up neatly, any damage repaired and premises restored to their original condition. 27. PROTECTION OF UTILITIES: The Contractor shall familiarize himself with the existence of structures of municipal and other public service corporations on or adjoining the site of the work, and give reasonable opportunity to and cooperation with the owners of these utilities in the work of reconstructing or altering them. Such reconstruction and alteration shall be so conducted as to delay or interfere as little as practicable with the work of the Contractor. Any additional cost of various items of work because of these utilities shall be included in the price bid for these items. I The Engineer shall direct the public utility corporations Ito, shift or remove those utility structures that may be necessary to permit the Contractor to carry out the work in accordance with the Plans. The Contractor shall not remove or cause to be removed; any structure or part of a structure owned by a public utility corporation without the approval of thel Engineer. I The Contractor shall cooperate with the public utility corporation whose structures (aerial, surface or subsurface) are within the limits of or along the outside of the right-of-way, to make it possible for them to maintain uninterrupted service. The Contractor shall conduct his operations in such a way as to delay or interfere as little as practicable with the work of the utility corporation. 28. NO DAMAGES FOR DELAY: Notwithstanding)any other provisions to this Contract, the Contractor agrees to make no claim for damages for delay in the performance of this Contract occasioned by any act of the Town or any of its representatives, and agrees that any such claim shall be fully compensated for by an extension of time to complete performance of the work as provided herein. This provision shall not apply to any Iact or omission to act of the Town or any of its representatives, wherein the same is done in bad faith and with deliberate intent to delay the Contractor in the performance of this Contract. 29. RECORD KEEPING: The Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance under this contract (hereinafter the "records"). The records must be kept for the balance of the contract term and for six (6) years thereafter. I i GC - 11 i i GENERAL CONDITIONS 30. SUBCONTRACTORS AND SUPPLIERS: Within five days after receipt from the Engineer of notice to begin work, the Contractor will furnish written notice of names of all subcontractors to be employed on the project and the general items of work to be done by them. Simultaneously, the Contractor shall furnish written notice of the names of suppliers of materials to be used on the project. The Owner may disapprove for good cause any subcontractor or material supplier selected by the Contractor by giving written notice of its disapproval within five (5) days after receiving the names of subcontractors and material suppliers, to the Contractor who shall thereupon promptly notify the Owner of the names of the subcontractor or material supplier selected in replacement which shall again be subject to approval by the Owner. 31. PENAL LAW: Attention is called to Section 1918 of the Penal Law as follows: Construction or blasting near pipes conveying combustible gas No person shall discharge explosives in the ground, nor shall any person other than a state or county employee regularly engaged in the maintenance and repair thereof excavate in any then existing street, highway, or public place, unless notice thereof in writing shall. have been given at least seventy-two hours in advance to the person, corporation or municipality engaged in the distribution of gas in such territory. The person having direction or control of such work shall give such notice, and further he shall ascertain whether there is within one hundred feet in such street, highway or public place, or in the case of a proposed discharge of explosives within a radius of two hundred feet of such discharge, any pipe of any other person, corporation or municipality conveying combustible gas, and if thereby any such pipe, he shall also give such notice to any other such person, corporation or municipality. Provided, however, that in any emergency involving danger to life, health, or property it shall be lawful to excavate without using explosives if the notices prescribed herein are given as soon as reasonably possible, and to discharge explosives to protect a person or persons from an immediate and substantial danger of death or serious personal injury if such notices are given before any such discharge is undertaken. Any such work shall be performed in such manner as to avoid danger to any pipe conveying combustible gas. Any violation of the provisions of this section shall be a misdemeanor. GC - 12 • CONDITIONS Ok' CONTRACT INDEX 1. Contract Documents and Definitions 2. Scope of the Work 3 Compensation to be paid to the Contractor 4. Time of Essence 5. Commencement of Work 6. Time of Completion 7. Liquidated Damages for Delays 8. Extension of Time. No Waiver 9. Weather 10. GentFaet SeeuF4y H. Laws and Ordinances 12. Qualifications for Employment 13. Non-Discrimination 14. Payment of Employees 15. Estimates and Payments 16. Acceptance of Final Payment Constitutes Release 17. Construction Reports 18. Inspection and Tests 19. Plans and Specifications: Interpretations 20. Subsurface Conditions Found Different 21. Contractor's Title to Materials 22. Superintendence by Contractor 23. Protection of Work,Persons and Property 24. Representations of Contractor 25. Patent Rights 26. Authority of the Engineer 27. Changes and Alterations 28. Correction of Work 29. Weather Conditions 30. The Owner's Right to Withhold Payments 31. The Owner's Right to Stop Work or Terminate Contract 32. Contractor's Right to Stop Work or Terminate Contract 33. Responsibility for Work 34. Use of Premises and Removal of Debris 35. Suits of Law 36. Power of the Contractor to Act in an Emergency 37. Provisions Required by Law Deemed Inserted 38. Subletting, Successor and Assigns 39. General Municipal Law Clause 40. Grades,Lines,Levels,and Surveys 41. Insurance Requirements 42. Foreign Contractors 43. Lien Law 44. Refusal to Waive Immunity 45. Exemption from Sales and Use Tax CC - 1 CONDITIONS OF CONTRACT 1. CONTRACT DOCUMENTS AND DEFINITIONS The Notice to Bidders, Instructions to Bidders, Proposal Form, Conditions of Contract, General Conditions, Specifications, Form of Contract, Construction Drawings, together with any Addenda, shall form part of this Contract, and the provisions thereof shall be as binding upon the parties hereto, as if they were herein fully set forth. The table of contents, titles, heading, headlines, and marginal notes contained herein are solely to facilitate reference to various provisions of the Contract Documents and in no way affect, limit or cast light upon the interpretation of the provisions to which they refer. Whenever the term "Contract Documents" is used, it shall mean and include the Notice to Bidders, Instructions to Bidders, Proposal Form, Conditions of Contract, General Conditions, Specifications, Form of Contract, Construction Drawings and any Addenda. In case of any conflict or inconsistency between the provisions of the Contract and those of the Specifications,the provisions of this Contract shall govern. Extra Work: The term "extra work", as used herein, refers to and includes all work required by the Owner, which in the judgment of the Engineer involves changes in or additions to work required by the Plans, Specifications and any Addenda in their present form and which is not covered by a specific unit price in the Form of Bid. Subcontractor: The term "subcontractor" shall mean any person, firm, or corporation supplying labor and material for work at the site of the project but not including the parties to this Contract. Notice: The term "notice", as used herein, shall mean and include written notice. Written notice shall be deemed to have been duly served when delivered to, or at last known-business address of, the person, firm or corporation for whom intended, or his, their, or its duly authorized agents, representatives, or officer, or when enclosed in a postage prepaid wrapper or envelope addressed to such person, firm or corporation at his, their or its last known business address and deposited in a United States mailbox. Directed;Required, Approved, Acceptable: Whenever they refer to the work or its performance, "directed", "required", "permitted", "ordered", "designated", "prescribed", and words of like import shall imply the direction, requirement, permission, order, designation or prescription of the Engineer, and "approved", "satisfied", or "satisfactory", "in the judgment of', and words of like import, shall mean approved, or acceptable to, or satisfactory to, or in the judgment of the Engineer. 2. SCOPE OF THE WORK The Contractor will furnish all plant, labor, materials, supplies, equipment and other facilities and things necessary or proper for, or incidental to, the work contemplated by this Contract as required by, and in strict accordance with the applicable Plans, Specifications and Addenda prepared by the Engineer and/or required by, and in strict accordance with, such changes as are ordered and approved pursuant to this Contract, and will perform all other obligations imposed on him by this Contract. CC - 2 i • CONDITIONS OF CONTRACT 3. COMPENSATION TO BE PAID TO THE CONTRACTOR (a) Agreed Prices: It is understood and agreed that the Contractor will accept as payment in full the summation of products of the actual quantities in place upon the completion of the work, as determined by the Engineer's measurements, by the unit prices bid, no allowance being made for anticipated profit or for reasons of variations from the estimated quantities set forth in the Form of Bid. (b) Extra Work: The Owner may, at any time, by a written order and without notice to the Sureties, require the performance of such extra work or changes in the work as it may find necessary or desirable. The amount of compensation to be paid to the Contractor for any extra work, as so ordered, shall be determined as follows:. 1) By such applicable unit prices, if any, as set forth in the Contract; or 2) If no such unit prices are set forth, then by unit price or by a lump sum mutually agreed upon by the Owner and the Contractor; or 3) If no such unit prices are so set forth and if the parties cannot agree upon unit prices or a lump sum; then by actual net cost in money to the Contractor of the materials, permits, wages of applied labor, premiums for Workmen's Compensation Insurance, payroll taxes required by law, rental for plant and equipment used (excluding small tools) to which total cost will be added twenty (20) percent as full compensation for all other items of profit, costs and expenses, including administration, overhead, superintendence, insurance, insurance other than Workmen's Compensation Insurance, materials used in temporary structures, allowances made by the Contractor to subcontractors, additional i the rf f mance bona of the-G to and the use of small tools. 4. TIME OF ESSENCE INASMUCH AS THE PROVISIONS OF THIS CONTRACT RELATING TO THE TIME OF PERFORMANCE AND COMPLETION OF THE WORK ARE FOR THE PURPOSE OF ENABLING THE TOWN TO PROCEED WITH THE CONSTRUCTION OF A PUBLIC IMPROVEMENT IN ACCORDANCE WITH A PREDETERMINED PROGRAM, SUCH PROVISIONS ARE OF THE ESSENCE OF THIS CONTRACT. 5. COMMENCEMENT OF WORK The Contractor agrees that he will commence work immediately on and not later than ten (10) days after signing of the Contract. 6. TIME OF COMPLETION The time of completion of the entire contract work shall be ONE HUNDRED AND TWENTY (120) CONSECUTIVE CALENDAR DAYS from the date the contract is signed by all parties. The date of such completion shall be the date of the Certification of Completion herein specified. The entire work must be satisfactorily completed so that the project improvements are available to the Town for use. CC - 3 CONDITIONS OF CONTRACT The Owner reserves the right to order the Contractor to suspend operations, when in the opinion of the Engineer, improper weather conditions make such action advisable, and to order the Contractor to resume operations when weather and ground conditions permit. The days during which such suspension of work is in force are not chargeable against the specified completion date. 7. LIQUIDATED DAMAGES FOR DELAYS The time limit being essential to and of the essence of this Contract, the Contractor hereby agrees that the Owner shall be, and is hereby authorized to deduct and retain out of the money which may be due or may become due to said Contractor under this agreement, the sum of One Thousand Five Hundred ($1,500.00) per day which amount is hereby agreed upon, fixed and determined by the parties hereto as the liquidated damages, including overhead charges, services, inspector's wages and interest on the money invested, that the Owner will suffer by reason of such default, for each and every day during which the aforesaid work may be incomplete over and beyond the time herein stipulated for its completion in 6 - Time of Completion, provided, however, that the Owner shall have the right to extend the time for the completion of said work. 8. EXTENSIONS OF TIME. NO WAIVER If the Contractor shall be delayed in the completion of his work by reason of unforeseeable causes beyond his control and without his fault or negligence, including but not restricted to, acts of God or of the public enemy, fires, floods, epidemics, quarantine restrictions, strikes, riots, civil commotion's or freight embargoes, the period herein above specified for completion of his work shall be extended by such time as shall be fixed by the Owner. ' No such extension of time shall be considered a waiver by the Owner of its right to terminate the Contract for abandonment or delay by the Contractor as hereinafter provided, or r relieve the Contractor from full responsibility for performance of his obligations hereunder. 9. WEATHER During unsuitable weather, all work must stop when such work would be subject to injury and the Contractor shall transfer his men and materials to those parts of the work where weather conditions will not have any effect on the workmanship. The Contractor shall not be entitled to any damages on account of such damages or suspension, and he must protect any work that might be injured by the elements and make good any work that is injured. 10. CONTRACT SECURITV 0 G6 et, and for- the—payment-of all per-sens peffgfmi rg labe—v fdfnishing Fnater-ials-Mi eemeetion v,4th this Gontr-arst. The Per-fimmanee Bond shall be vaitten so as to Femain in full for-ee and effeet as a maintenanee bond for- a period of not less than one (1) year- after- the date-af aeoeptanee of the work by the E -i CC - 4 • CONDITIONS OF CONTRACT (b) Additional or- Substitute Bond: if at any fifne the Owner shall be ef beeeme dissatisfied wit-h the 0,A%er-, the Gentr-aeter- shall within five (5) days after- notiee ffOFR the OVffier- to do , substitute an aeeeptable bead in sueh feffn and sum and signed by stieh other- sur-e�y as may satisfaetet-7y to the Owner-. The p ;ueh bonds shall be made until the new sur-e�y shall have been qualified. 11. LAWS AND ORDINANCES In the execution of the Contract, the Contractor shall comply and obey all federal, state, county and local laws, ordinances, codes and regulations relating to the performance of the Contract, including but not limited to, labor employed thereon, materials supplied, obstructing streets and highways, maintaining signals, storing, handling and use of explosives and all other general ordinances and state statutes affecting him or his employees or his work hereunder in his relations with the Municipality or any other persons, and also all laws, codes, ordinances controlling or limiting the Contractor while engaged in executing the work under the Contract. As a condition of the Contract, the Contractor shall and does hereby agree to comply with all requirements of the labor laws of the State of New York. The Contractor shall comply with the provisions of Sections 291- 299 of the Executive Law and Civil Rights Law, shall furnish all information and reports deemed necessary by the State Commission for Human Rights, the Attorney General and the Industrial Commissioner for purposes of investigation to ascertain compliance with such sections of the Executive Law and Civil Rights Law. The Contract may be forthwith cancelled, terminated or suspended, in whole or in part, by the contracting agency upon the basis of a finding made by the State Commission for Human Rights that the Contractor has not complied with these laws. The Contractor hereby expressly agrees to comply with all the provisions of the Labor Law and any and all amendments thereto, insofar as the same are applicable to this Contract. The Labor Law, as amended, provides that no laborer, workman or mechanic in the employ of the Contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by this Contract, shall be permitted or required to work more than eight (8) hours in any one (1) calendar day, except in cases of extraordinary emergency caused by fire, flood or danger to life or property; that no such person shall be employed more than eight (8) hours in any day or more than five (5) days in any week expect in such emergency; that the wages to be paid for a legal day's work as herein before defined, to laborers, workmen or mechanics upon the work called for under this Contract or upon any material used upon, or in connection therewith, shall not be less than the prevailing rate for a day's work in the same trade or occupation in the locality within the state where such work is to be done and each laborer, workman or mechanic employed by the Contractor, subcontractor or other person about or upon the work shall be paid the wages herein provided; that employees engaged in the construction, maintenance, and repair of highways and in water works construction outside the limits of cities CC - 5 CONDITIONS OF CONTRACT and villages are no longer exempt from the provisions of the Labor Law which require the payment of the prevailing rate of wages and the eight(8) hour day. Section 222 of the Labor Law, as amended by Chapters 556 and 557 of the Laws of 1933, provides that preference in employment shall be given to citizens of the State of New York who have been residents of Suffolk County for at least six (6) consecutive months immediately prior to the commencement of their employment. Each person so employed shall furnish satisfactory proof of residence in accordance with rules adopted by the Industrial Commissioner. Persons other than citizens of the State of New York shall be employed only when such citizens are not available. Section 222 further provides that upon the demand of the State Industrial Commissioner, the Contractor shall furnish a list of names and addresses of all his subcontractors and further provides that a violation of this section shall constitute a misdemeanor and shall be punishable by a fine of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00) or by imprisonment for not less than thirty nor more than ninety days, or both fine and imprisonment. Section 220-A of the Labor Law, as amended by Chapter 472 of the Laws of 1932, provides that before payment is made by or on behalf of the State of any city, county, town or village or other civil division of the state of any sums due on account of a contract for a public improvement, it is the duty of the Comptroller or the financial officer of the Municipal Corporation to require the Contractor and each and every subcontractor to file a certified statement in writing, in satisfactory form, certifying to the amounts then due and owing to any and all laborers for daily or weekly wages on account of labor performed upon the work of the Contractor, setting forth therein the names of the persons whose wages are unpaid and the amount due each respectively. Section 220-B of the Labor Law, as so amended, provides that any interested person who shall have previously filed a protest in writing objecting to the amounts due or to become due to him for daily or weekly wages for labor performed on the public improvement for which the Contract was entered into, or if for any reason, it may be deemed advisable, the Comptroller of the State or financial officer of the Municipal Corporation may deduct from the whole amount of any payment on account thereof of the sums or sum admitted by any contractor or subcontractor in such statement or statements so filed to be due and owing by him on account of labor performed and may withhold the amount so deducted for the benefit of the laborers for daily or weekly wages, whose wages are unpaid as shown by the verified statements filed by any contractor or subcontractor and may pay directly to any person the amount or amounts so shown to be due for such wages. Section 220-C of the Labor Law, as so amended, provides the penalty for making of a false oath or verification. Section 220-D of the Labor Law provides that the advertised Specifications for every contract for the construction, reconstruction, maintenance and/or repair of highways to which the State, county, town and/or village is a party shall contain a provision stating the minimum rate of hourly wage that can be paid, as shall be designated by the Industrial Commissioner, to the laborers employed in the performance of the Contract either by the Contractor, subcontractor or other person doing or contracting to do the whole or part of the work contemplated by the CC - 6 CONDITIONS OF CONTRACT Contract, and the Contract shall contain a stipulation that such laborers shall be paid not less than such hourly minimum rate of wage. Any person or corporation that willfully pays, after entering into such Contract, less than such stipulated minimum hourly wage scale shall be guilty of a misdemeanor and upon conviction, shall be punished for a first offense by a fine of Five Hundred Dollars ($500.00) or by imprisonment for not more than thirty (30) days, or both by fine and imprisonment; for a second offense by a fine of One Thousand Dollars ($1,000.00) and in addition thereto, the Contract on which the violation has occurred shall be forfeited, and no such person or corporation shall be entitled to receive any sum nor shall any officer, agent or employee of the State pay the same or authorize its payment from the funds under his charge or control to any person or corporation for work done upon any contract, on which the Contractor has been convicted of second offense in violation of the provisions of this section. The minimum wage rates established by the Industrial Commissioner, State of New York, for this Contract are set forth herein above as part of"Instructions to Bidders". 12. QUALIFICATIONS FOR EMPLOYMENT No person under the age of sixteen(16)years and no person currently serving sentence in a penal or correctional institution shall be employed to perform any work on the project under this Contract. No person whose age or physical condition is such as to make his employment dangerous to his health or safety or to the health or safety of others, shall be employed to perform any work on this project; provided, however, that such restrictions shall not operate against the employment of physically handicapped persons, otherwise employable, where each person may be safely assigned to work which they can ably perform. 13. NON-DISCRIMINATION There shall be no discrimination because of race, creed, color, national origin, age or sex in the employment of persons for work under this Contract, whether performed by the Contractor or any subcontractor. Neither shall the Contractor and subcontractor or any person acting on behalf of the Contractor or subcontractor discriminate in any manner against or intimidate any employee hired for the performance of work under this Contract on account of race, creed, color, national origin, age or sex. There may be deducted from the amount payable to the Contractor by the Owner under this Contract a penalty of Five Dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of this paragraph; provided that for a second or any subsequent violation of the terms of this paragraph, this Contact may be canceled or terminated by the Owner and all monies due or to become due hereunder may be forfeited. 14. PAYMENT OF EMPLOYEES The Contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this Contract in full (less deductions made mandatory by law) in cash or company check and not less often than once each week. CC - 7 CONDITIONS OF CONTRACT 15. ESTIMATES & PAYMENTS (a) Monthly: At the end of each calendar month during the progress of the work, the Engineer shall make an approximate estimate of the work satisfactorily done, based upon the prices set forth in the Proposal Form. In consideration of the work done, the Owner will pay or cause to be paid to the Contractor the amount estimated by the Engineer as due him less five (5)percent. The making of any such estimate or payment made thereon shall not be taken or construed as an acceptance by the Owner of any work so estimated and paid for. The five percent (5%) of the amount of the monthly estimate remaining unpaid will be retained by the Owner as a guarantee that the Contractor will faithfully and completely fulfill all obligations imposed by the Contract and Specifications, and against any damages caused the Owner by reason of any failure on the part of the Contractor to fulfill all conditions and obligations herein contained. (b) Final Estimate: One month after the completion and acceptance of the work specified and contracted for, the Engineer will make a final estimate of all the work done. Thereafter, the Owner will pay the full amount, less prior payments, less any amounts retained to complete the work according to the provisions of the Specifications, less any money paid by the Owner by reason of said Contractor having failed to carry out faithfully and completely all the obligations and requirements herein contained. Upon final settlement; according to the conditions herein specified and not until such settlement shall have been made, will the Contractor be relieved from the obligations assumed in the Contract. (c) Measurement for Payment: The Engineer shall make due measurement of work done during the progress of the work and his estimate shall be final and conclusive evidence of.the amounts of work performed by the Contractor under, and by virtue of, this agreement and shall be taken as full measure of compensation to be received by the Contractor. When requested by the Contractor, the Engineer shall measure, re-measure or re-estimate any portion of the work, but the expense of such re-measurement or re-estimating shall, unless material error is proved, be paid for by the Contractor. (d) No payments will be made for materials delivered to the site which have not been incorporated into the work. (e) Contractors and subcontractors are required to submit to the Town, within thirty days after issuance of the first payroll, and every thirty days thereafter, a transcript of the original payroll record, subscribed and affirmed as true under the penalties of perjury. CC - 8 • CONDITIONS OF CONTRACT 16. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE The acceptance by the Contractor of the final payment shall be, and shall operate as a release to the Owner from all claims and all liabilities to the Contractor for all the things done or furnished in connection with this work and for every act and neglect of the Owner and others relating to or arising out of, this work, excepting the Contractor's claims for interest upon the final payment, if this payment be improperly delayed. No payment, however, final or otherwise, shall operate to release the Contractor or his sureties from any obligations under this Contract^r-the "erg` ane Bond. 17. CONSTRUCTION REPORTS The Contractor shall submit to the Engineer prior to commencing any work under this Contract, a detailed schedule and plan of operations indicating the manner in which the Contractor proposes to prosecute the work and a time schedule therefor. Such schedules are not intended to bind the Contractor to a pre-determined plan or procedure, but rather to enable the Engineer to coordinate the work of the Contractor with work required of, and to be performed by others. The detailed schedule shall include a list of the subcontractors and material suppliers he proposes to use on the work. The Contractor shall furnish the Engineer with periodic estimates for partial payments as required elsewhere in the Contract Documents, and in addition thereto will furnish the Engineer with a detailed estimate for fmal payment. Prior to being eligible to receive the final payment under this Contract, the Contractor shall fiirnish the Engineer with substantial proof that all bills for services rendered and materials supplied have been paid. The enumeration of the above reports in no way relieves the Contractor of his responsibility under existing Federal or State Laws of filing such other reports with agencies as may be required by such existing laws or regulations. 18. INSPECTION AND TESTS All material and workmanship shall be subject to inspection, examination and test by the Engineer at any time during the construction and at any and all places where manufacturing of materials used and/or construction is carried on. Without additional charge, Contractor shall furnish promptly all reasonable facilities, labor and materials necessary to make any tests required by the Engineer and/or required by the Specifications. If at any time before final acceptance of the entire work, the Engineer considers necessary or advisable an examination of any portion of the work already completed, by removing or tearing out the same, the Contractor shall upon request, furnish promptly all necessary facilities, labor and materials for such examination. If such work is found to be defective in any material CC - 9 CONDITIONS OF CONTRACT respect, due to the fault of the Contractor or any subcontractor, or if any work shall be covered over without the approval or consent of the Engineer, whether or not the same shall be defective, the Contractor shall be liable for the expense for such examination and of satisfactory reconstruction. If, however, such approval and consent shall have been given and such work is found to meet the requirements of this Contract, the Contractor shall be recompensed for the expense of such examination and reconstruction in the manner herein provided for the payment of cost of extra work. The selection of laboratories and/or agencies for the inspection and tests of supplies, materials or equipment shall be subject to the approval of or designated by the Owner. Satisfactory documentary evidence that the material-has passed the required inspection and tests must be furnished to the Engineer prior to the incorporation of the material in the work. Any rejected work will be removed from the site of the project completely at the expense of the Contractor. 19. PLANS AND SPECIFICATIONS: INTERPRETATIONS The Contractor shall keep at the site of the work one copy of the Plans and Specifications signed and identified by the Engineer. Anything shown on the Plans and not mentioned in the Specifications or mentioned in the Specifications and not shown in the Plans shall have the same effect as if shown or mentioned in both. In case of any conflict or inconsistency between the Plans and Specifications, the Specifications shall govern. Any discrepancy between the figures and drawings shall be submitted to the Engineer whose decision thereon shall be conclusive. 20. SUBSURFACE CONDITIONS FOUND DIFFERENT Should the Contractor encounter subsurface conditions at the site materially differing from those shown on the Plans or indicated in the Specifications, he shall immediately give notice to the Engineer of such conditions, before they are disturbed; the Engineer shall thereupon promptly investigate the conditions and if he finds that they materially differ from those shown on the Plans or indicated on the Specifications, he shall at once make such changes in the Plans and/or Specifications as he may find necessary. Any increase or decrease of cost resulting from such changes will be adjusted in the manner provided herein for adjustment as to extra and/or additional work and changes. 21. CONTRACTOR'S TITLE TO MATERIALS No materials or supplies for the work shall be purchased by the Contractor or any subcontractor subject to any chattel mortgage or under a conditional sale or other agreement by which an interest is retained by the seller. The Contractor warrants that he has good title to all materials and supplies used by him in the work. CC - 10 CONRITIONS-OF CONTRACT 22. SUPERINTENDENCE BY CONTRACTOR At the site of the work, the.Contractor shall give his constant, personal attention to the work or employ a construction superintendent or foreman who shall have full authority to act for the Contractor. It is understood that such representative shall be acceptable to the Engineer and shall be one who can be continued in that capacity for the particular job involved unless he ceases to be on the Contractor's payroll. The Contractor's superintendent and foreman must be able to read and speak the English language. 23. PROTECTION OF WORK, PERSONS AND PROPERTY Precaution shall be exercised at all times for the proper protection of all persons, property and work. The Contractor shall give notice to the owners of utilities which may serve the area and request their assistance in predetermining the location and depth of various pipes, conduits, manholes, and other underground facilities. The safety provisions of applicable laws, building and construction codes shall be observed. Machinery, equipment and all hazards shall be guarded or eliminated in accordance with the .safety provisions of the Manual of Accident Prevention in Construction published by the Associated General Contractors of America, to the extent that such provisions are not in contravention of applicable law. The Contractor shall furnish entirely at his own expense any and all additional safety measures deemed necessary by the Owner or his Engineer to adequately safeguard the traveling public. The Contractor shall, at all hours of the day, safely guard and protect his own work and adjacent property from any damage and shall replace or make good any such damage, loss or injury, unless such be caused directly by errors contained in the Contract Documents, or by the Owner or its duly authorized representatives. The Contractor shall provide and maintain such watchmen, barriers, lights, flares and other signals at his own expense, as will effectively prevent any accident in consequence of his work for which the Owner might be liable. The Contractor shall be liable for all injuries or damage caused by his act or neglect, or that of his employees. The Contractor shall take particular care to avoid the blocking of fire hydrants, fire alarm boxes, letterboxes,traffic signals or other visible devices maintained for the use of the public. 24. REPRESENTATIONS OF CONTRACTOR The Contractor represents and warrants: (a) That he is financially solvent and that he is experienced in, and competent to, perform the type of work involved under this Contract and able to furnish the plant, materials, supplies and/or equipment to be furnished for the work; and (b) That he is familiar with all Federal, State and Municipal Law, ordinances and regulations which may in any way affect the work of those employed hereunder, including but not limited to any special acts relating to the work; and CC - 11 CONDITIONS OF CONTRACT (c) That such work required by these Contract Documents as is to be done by him can be satisfactorily constructed and used for the purpose for which is intended and that such construction will not injure any person or damage any property; and (d) That he has carefully examined the Plans, Specifications and the site of the work, and that from his own investigations he has satisfied himself as to the nature and location of the work, the character, location, quality and quantity of surface and subsurface materials, structures and utilities likely to be encountered, the character of equipment and other facilities needed for the performance of the work, the general local conditions which may in any way affect the work or its performance. 25. PATENT RIGHTS As part of his obligation hereunder and without any additional compensation, the Contractor will pay for any patent fees or royalties required in respect to the work or any part thereof and will fully indemnify the Owner or his Engineer for any loss on account of any infringement of patent rights unless prior to his use in the work a particular process or a product of a particular manufacturer he notifies the Engineer in writing that such process or product is an infringement of a patent. 26. AUTHORITY OF THE ENGINEER In the performance of the work, the Contractor shall, abide by all orders and directions and requirements of the Engineer and shall perform work to the satisfaction of the-Engineer, at such time and places, by such methods, and in such manner and sequence as he may require. The Engineer shall determine the amount, quality, acceptability, and fitness of all parts of the work, shall interpret the Plans, Specifications, Contract Documents and any extra work orders and shall decide all other questions in connection with the work. Upon request, the Engineer shall confirm in writing any oral orders, directions, requirements or determinations. The enumeration herein or elsewhere in the Contract Documents of particular instance in which the opinion, judgment, discretion or determination of the Engineer shall control or in which work shall be performed to his satisfaction or subject to his approval or inspection, shall not imply that only matters similar to those enumerated shall be so governed and performed, but without exception all the work shall be governed and so performed. 27. CHANGES AND ALTERATIONS The Owner, upon the Engineers recommendation, reserves the right to make alterations in location, line, grade, plan, form or dimensions of the work, or any part thereof, either before or after the commencement of construction. If such alterations diminish the amount of work to be done, no claim for damages or anticipated profits will be warranted on the work, which may be dispensed with. If such alterations increase the amount of work, such increases shall be paid for according to the quantity of work actually done and at the prices for such work as contained in the schedule of prices. CC - 12 CONDITIONS OF CONTRACT 28. CORRECTION OF WORK All work and all materials whether incorporated into the work or not, all processes of manufacture and all methods of construction shall be at all times and places subject to the inspection of the Engineer who shall be the final judge of quality, materials, processes of manufacture and methods of construction suitable for the purpose for which they are used. Should they fail to meet his approval, they shall be forthwith reconstructed, made good and replaced and/or corrected as the case may be, by the Contractor, at his own expense. If, in the opinion of the Engineer, it is not desirable to replace any defective or damaged materials or to reconstruct or correct any portion of the work injured or not performed in accordance with the Contract Documents, the compensation to be paid to the Contractor hereunder shall be reduced by such amount as in the judgment of the Engineer shall be equitable. The Contractor expressly warrants that his work shall be free from any defects in materials or workmanship and agrees to correct any defects, which may appear within one year following the final completion of the work. Neither the acceptance of the completed work nor payment therefor shall operate to release the Contractor or his sureties from any obligations under or upon this Contract^r the Porgy e Bon 29. WEATHER CONDITIONS In the event of temporary suspension of work or during inclement weather or whenever the Engineer shall direct, the Contractor will, and will cause his subcontractors to protect carefully his and their work and materials against damage or injury from the weather. If in the opinion of -the Engineer any work or material shall have been damaged or injured by reason of failure on the part of the Contractor or any of his subcontractors to protect his or their work, such work and materials shall be removed and replaced at the expense of the Contractor. 30. THE OWNER'S RIGHT TO WITHHOLD PAYMENTS The Owner may withhold from the Contractor so much of any approved payments due him as may, in the judgment of the Owner, be necessary: (a) To assure the payment of just claims then due and unpaid of any persons supplying labor or materials for the work; (b) To protect the Owner from loss due to defective work not remedied; or (c) To protect the Owner from loss due to injury to persons or damage to the work or property of other contractors or subcontractors or others, caused by the act or neglect of the Contractor or any of his subcontractors. The Owner shall have the right, as agent for the Contractor to apply such amounts so withheld in such manner as the Owner may deem proper to satisfy such claims or to secure such protection. Such applications of such money shall be deemed payments for the account of the Contractor. CC - 13 CONDITIONS OF CONTRACT 31. THE OWNER'S RIGHT TO STOP WORK OR TERMINATE CONTRACT If, (a) The Contractor shall be adjudged bankrupt or make an assignment for the benefit of creditors; or (b) A receiver or liquidator shall be appointed for the Contractor for any of his property and shall not be dismissed within 20 days after such appointment, or the proceedings in connection therewith shall not be stayed on appeal within the said 20 days; or (c) The Contractor shall refuse or fail, after notice or warning from the Engineer, to supply enough properly skilled workmen or proper materials; or (d) The Contractor shall refuse or fail to prosecute the work or any part thereof with such diligence as will insure its completion within the periods herein specified (or any duly authorized extension thereof) or shall fail to complete the work within said periods; or (e) The Contractor shall fail to make prompt payments to persons supplying labor or materials for the work; or (f) The Contractor shall fail or refuse to regard laws, ordinances or the instructions of the Engineer or otherwise be guilty of a substantial violation of any provisions of this Contract; then and in any such event, the Owner, without prejudice to any other rights or remedy it may have, may by seven (7) days' notice to the Contractor, terminate the employment of the Contractor and his rights to proceed either as to the entire work or(at the option of the Owner) as to any portion thereof as to which delay shall have occurred, and may take possession of the work and complete the work by contract or otherwise, as the Owner may deem expedient. In such case, the Contractor will not be entitled to receive any further payment until the work is finished. If the unpaid balance of the compensation to be paid the Contractor hereunder shall exceed the expense of so completing the work(including compensation for additional managerial, administrative and inspection services and any damages for delay), such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor and his sureties shall be liable to the Owner for such excess. If the right of the Contractor to proceed with the work is so terminated,the Owner may take possession of and utilize in completing the work, such materials, appliances, supplies, plant and equipment as may be on the site of the work and necessary thereof. If the Owner does not so terminate the right of the Contractor to proceed, the Contractor shall continue to work. 32. CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT If the work shall be stopped by order of the Court or other public authority for a period of three (3) months without act or fault of the Contractor or any of his agents, servants, employees or subcontractors, the Contractor may, upon ten (10) days' notice to the Owner, discontinue his performance of the work and/or terminate the Contract; in which event, the liability of the Owner to the Contractor shall be determined as provided in Paragraph 31. The Contractor shall not be CC - 14 • CONDITIONS OF CONTRACT obligated to pay to the Owner any excess of the expense of completing the work over the unpaid balance of the compensation to be paid to the Contractor hereunder. 33. RESPONSIBILITY FOR WORK The Contractor agrees to be responsible for the entire work embraced in this Contract until its completion and final acceptance, and that any unfaithful or imperfect work that may become damaged from any cause either by act of commission or omission to properly guard and protect the work that may be discovered at any time before the completion and acceptance shall be removed and replaced by good and satisfactory work without any charge to the Owner, and that such removal and replacement will be performed immediately on the requirement of the Engineer, notwithstanding the fact that it may have been overlooked by the proper inspector, and partial payment made thereon. It is fully understood by the Contractor that the inspection of the work shall not relieve him of any obligation to do sound and reliable work as herein prescribed, and that any omission to disapprove any work by the Engineer at or before the time of partial payment or other estimate shall not be construed to be acceptance of any defective work. 34. USE OF PREMISES AND REMOVAL OF DEBRIS The Contractor expressly undertakes at his own expense: (a) To store his apparatus, materials, supplies and equipment in such orderly fashion at the site of the work as will not unduly interfere with the progress of his work or the work of any of his subcontractors; (b) To frequently clean up all refuse, rubbish, scrap materials and debris caused by the operations to the end that at all times, the site of the work shall present a neat, orderly and workmanlike appearance; (c) Before final payment hereunder to remove all surplus material, temporary structures, plants of any description and debris of every nature resulting from his operations. 35. SUITS-OF LAW The Contractor shall indemnify and save harmless the Owner from and against all suits, claims, demands or actions for any injury sustained or alleged to be sustained by any party or parties in connection with the construction of the work or any part thereof, or any commission or omission of the contractor, his employees or agents of any subcontractor, and in case of any such action shall be brought against the Owner, the Contractor shall immediately take charge of and defend the same at his own cost and expense. 36. POWER OF THE CONTRACTOR TO ACT IN AN EMERGENCY In case of an emergency, which threatens loss or injury to property and/or safety of life, the Contractor will be permitted to act as he sees fit without previous instructions from the Engineer. He shall notify the Engineer thereof immediately and any compensation claimed by the Contractor due to extra work made necessary because of his acts in such emergency shall be CC - 15 CONDITIONS OF CONTRACT submitted to the Engineer for approval. Where the Contractor has not taken action but has notified the Engineer of an emergency indicating injury to persons or damage to adjoining property or to the work being accomplished under this Contract, then upon authorization from the Engineer to prevent such threatened injury or damage, he shall act as instructed by the Engineer. The amount of reimbursement claimed by the Contractor on account of any such action shall be determined in the manner provided herein for the payment of extra work. 37. PROVISIONS REQUIRED BY LAW DEEMED INSERTED Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall read and be enforced as though it were included herein, and if through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon the application of either party the Contract shall be forthwith be physically amended to make such insertion. 38. SUBLETTING, SUCCESSOR AND ASSIGNS The Contractor shall not sublet any part of the work under this Contract nor assign any money due him hereunder without first obtaining the written consent of the Owner. This Contract shall insure the benefit of and shall be binding upon the parties hereunder and upon their respective successors and assigns, but neither party shall assign or transfer his interest herein in whole or in part without consent of the other. 39. GENERAL MUNICIPAL LAW CLAUSE Pursuant to the provisions of Section 103-a of the General Municipal Law, in the event that the Bidder or any member, partner, director or officer of the Bidder, should refuse, when called before a grand jury to testify concerning any transaction or contract had with the State, any political subdivision thereof, a public authority or any public Department, agency or official of the State or of any political subdivision thereof or of a public authority, to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant question concerning such transaction or contract, such person, and any firm,partnership, or corporation of which he is a member,partner, director or officer shall be disqualified from thereafter selling to or submitting bids to or receiving awards from or entering into any contracts with any municipal corporation or any public Department, agency or official thereof for goods, work or services for a period of five (5) years after such refusal, and any and all contracts made with any municipal corporation or any public Department, agency or official thereof on or after the first day of July, 1959, by such person, and by any firm, partnership or corporation of which he is a member, partner, director or officer may be cancelled or terminated by the municipal corporation without incurring any penalty or damages on account of such cancellation or termination, but any monies owing by the municipal corporation for goods delivered or work done prior to the cancellation or termination shall be paid. CC - 16 • COND-ITIONS-OF CONTRACT 40. GRADES,LINES,LEVELS AND SURVEYS The Engineer shall furnish the Contractor with the basic horizontal and vertical controls from which the Contractor shall transfer and stake his lines and grades and for their accuracy. The Engineer will establish the basic horizontal and vertical controls at the start of the work, and it shall be the responsibility of the Contractor to safeguard such controls; and if, in the opinion of the Engineer, these controls are damaged or destroyed either in whole or in part, the Contractor shall pay the cost of having the damaged controls verified, checked, corrected or replaced. 41. INSURANCE REQUIREMENTS The Contractor shall not commence work until the Town has approved all the insurance required under this Contract as required immediately following the Instructions to Bidders. Additionally, the Contractor shall indemnify and save harmless the Town of Southold from and against all losses and all claims, demands, payments, suits, actions, recoveries and judgments of every kind or nature, brought or recovered against the Town of Southold by reason of any act or omission of the Contractor, his agent or employees in the performance of the Contract. The Contractor shall not permit any subcontractor to commence any work under this contract until satisfactory proof of carriage of the required insurance has been posted with and approved by the Town. 42. FOREIGN CONTRACTORS Foreign Contractors must comply with the provisions of Articles 9A and 16 of the Tax Law, as amended, prior to submission of a bid for the performance of this work. The certificate of the New York State Tax Commission to the effect that all taxes have been paid by the foreign contractor shall be conclusive proof of the payment of taxes. The term "foreign contractor" as used in this subdivision means in the case of an individual, a person who is a legal resident of another state or foreign country; and in the case of a foreign corporation, one organized under the laws of a state other than the State of New York. 43. LIEN LAW Attention of all persons submitting bids is specifically called to the provisions of Section 25, Subdivision 5, Section 25A and 25B of the Lien Law, as amended, in relation to funds being received by a contractor for a public improvement declared to constitute trust funds in the hands of such Contractor to be applied first to the payment of certain claims. 44. REFUSAL TO WAIVE IMMUNITY Pursuant to the provisions of Section 103-A of the General Municipal Law, in the event that the bidder or any member, partner, director or officer of the bidder, should refuse when called before a grand jury to testify concerning any transaction or contract had with the State, any political subdivision thereof, a public authority or with any public department, agency or official of the CC - 17 CONDITIONS OF CONTRACT State or of any political subdivision thereof or of an authority, to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant question concerning such transaction or contract, such person, and any firm, partnership or corporation of which he is a member, partner, firm director or officer shall be disqualified from thereafter selling to or submitting bids to or receiving awards from or entering into any contracts with any municipal corporation or any public department, agency, or official thereof, for goods, work or services, for a period of five (5) years after such refusal, and any and all contracts made with any municipal corporation or any public department, agency, or official thereof on or after the first day of July, 1959, by such person and any firm, partnership or corporation of which he is a member, partner, director or officer may be cancelled or terminated by the municipal corporation without incurring any penalty or damages on account of such cancellation or termination, but any monies owing by the municipal corporation for goods delivered or work done prior to the cancellation or termination shall be paid. 45. EXEMPTION FROM SALES AND USE TAXES In accordance with Chapter 513 of the laws of 1974 adopted by the New York State Legislature, amending Section 1115 (a) of the tax law, specifically paragraphs 15 and 16, political subdivisions, as described in subdivision(a)paragraph (L) of section 1116 of the tax laws, of the State of New York are exempt from the payment of sales and use taxes imposed on tangible personal property within the limitations specified in tax law 1115 (a) (15)and (16). (15) Tangible personal property sold to a contractor, subcontractor or repairman for use in erecting a structure or building of an organization described in subdivision(a) of section 1116, or adding to, altering or improving real property, property or land of such an organization, as the terms real property, property and land are defined in the real property tax law; provided, however, no exemption shall exist under this paragraph unless such tangible personal property is to become an integral component part of such structure, building or real property. (16) Tangible personal property sold to a contractor or repairman for use in maintaining, servicing or repairing real property, or land of an organization described in subdivision (a) of section 1116, as the terms real property, property or land.are defined in the real property tax law; provided, however, no exemption shall exist under this paragraph unless such tangible personal property is to become an integral component part of such structure, building or real property. Contractors entering into Contract with the Town of Southold shall be exempt from payment of sales and use tax as described above. Procedures and forms are available to the Contractor direct from the Instructions and Interpretations Unit, State of New York, Department of Taxation and Finance, State Campus, Albany,New York, 12227. CC - 18 Town of Southold "Pike Street Parking Lot Improvements" PROPOSAL PACKAGE BID OPENS: March 15, 2018 REMINDER NOTE!!! : VENDORS MUST RETURN THIS DOCUMENT INTACT AND FILLED OUT COMPLETELY! ! (Do Not Sign the Contract Agreement. It is included only for informational purposes, and will be signed by the successful bidder after award of contract.) All line items on the Proposal Form must be filled in! All lines must have an indication of the bidder's response whether it is a dollar figure or No Bid. Please DO NOT remove any pages from this bid package! ! ! Thank you! Proposal Package 1 of 9 BIDDER'S CHECK LIST Your response to our above referenced bid will be considered unresponsive and will be rejected if the following forms are not included at the time of the bid opening. ❑ Notarized Affidavit of Non-Collusion as required by NYS Law. ❑ A Bid Deposit in the amount of Five Percent of Bid Price as required in the Invitation to Bid. ❑ As per specifications, the Town of Southold requires a current insurance certificate, with the Town of Southold listed as additional insured, to be on file in the Purchasing Department. You will be given ten (10) business days from notice of award to supply this form or the bid will be rescinded. ❑ Vendor Information Sheet and Address Record Form. ❑ Assumed Name Certification. ❑ Bidder's Qualification Statement. NOTE: Please do NOT sign the Contract Agreement. It is included only for informational purposes, and will be signed by the successful bidder after award of the contract. Proposal Package 2 of 9 VENDOR NAME:6 d C c-e- (t! PILO _rN C, VENDOR INFORMATION SHEET TYPE OF ENTITY:CORP. PARTNERSHIP INDIVIDUAL FEDERAL EMPLOYEE ID #: OR SOCIAL SECURITY #: DATE OF ORGANIZATION: u .ptZ IF APPLICABLE: DATE FILED: STATE FILED: If a non-publicly owned Corporation: CORPORATION NAME: (7,P,vm C-7;r6 lAfe, LIST PRINCIPAL STOCKHOLDERS: (5% of outstanding shares) LIST OFFICERS AND DIRECTORS: NAME T�TLE QQ If a partnership: PARTNERSHIP NAME: LIST PARTNERS NAMES: Proposal Package 3 of 9 ADDRESS RECORD FORM MAIL BID TO: VENDOR NA CG u Cre (t- l u-� U C ADDRESS: A0 x K5 1 /Vy I-]3 0 CONTACT: GL cu', (, TELEPHONE: G 3( -3 2-Z E-MAIL: js t s S�,) v H47- A+ /'�4,,), c o a, ONLY if different - MAIL PURCHASE ORDER TO: ADDRESS: TELEPHONE: FAX: CONTACT: E-MAIL: ONLY if different - MAIL PAYMENT TO: ADDRESS: TELEPHONE: FAX: CONTACT: E-MAIL: Proposal Package 4 of 9 VENDOR NAME: e61VCrr'4 El�f zu �- ASSUMED NAME CERTIFICATION *If the business is conducted under an assumed name, a copy of the certificate required to be filed under the New York general business law must be attached. ASSUMED NAME: If the bidder is an individual, the bid must be signed by that individual; if the bidder is a corporation, by an officer of the corporation, or other person authorized by resolution of the board of directors, and in such case a copy of the resolution must be attached; if a partnership, by one of the partners or other person authorized by a writing signed by at least one general partner and submitted with the bid or previously filed with the Purchasing Agent. The submission of this constitutes a certification that no Town Officer has any interest therein. (Note: In the event that any Town Officer has any such interest, the full nature thereof should be disclosed below. It is not forbidden that individuals working for the Town of Southold or other municipality bid on contracts only that such interest be revealed when they do bid.) INSURANCE STATEMENT Bidder agrees as follows -please mark appropriate box: Insurance Certificate as requested is attached I certify that I can supply insurance as specified if awarded the bid Insurance Certificate filed on fT ATE FAILURE TO PROVIDE SPECIFIED INSURANCEIDISQUALIFY BIDDER. . AUTHORIZED SIGNATURE Proposal Package 5 of 9 AFFIDAVIT OF NON-COLLUSION I hereby attest that I am the person responsible within my firm for the final decision as to the prices(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: 1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose of restricting competition with any other contractor, bidder or potential bidder. 2. Neither the price(s), nor the amount of this bid, have been disclosed to any other firm or person who is a bidder or potential bidder on this project, and will not be so disclosed prior to bid opening. 3. No attempt has been made or will be made to solicit, cause or induce any firm or person to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non-competitive bid or other form of complementary bid. 4. The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from any firm or person to submit a complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase of materials or services from any other firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by an firm or person to refrain from bidding or to submit a complementary bid on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any project, in consideration for my firm's submitting a complementary bid, or agreeing to do so, on this project. 7. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in this affidavit. age,at on signing this bid, under the penalties of perjury, affirms the truth thereof.YC a SWORN TO BEFORE ME THIS Zure&Company Position %pe# Q 4 PA 20 Type Name&Company Positio C� Company Name -NOTARY PUBLIC �a .W-aBONNIE Ci iv00i`;E f Notary Public,State of New Yol„ Date Signed N0.01N08151i200 7 6 �-0 01 � 3$ 's Commi�onedi i Suffolkil0,county Federal 1.D Number Proposal Package 6 of 9 i THE PROPOSAL FORM Pike Street Parking Lot Improvements VENDOR NAME: C-Oiucy'd-e Nus r�j L VENDOR ADDRESS: P 0 � 4 ( J �G�.f I —� S 1"12 12 N �` TELEPHONE NUMBER: X?) FAX: 691 The undersigned bidder has carefully examined the Contract Documents and will provide all necessary labor, materials, equipment and incidentals as necessary and called for in the said Contract Documents in the manner prescribed therein and in said Contract, and in accordance with the requirements of the Engineer, at the prices listed on the attached Bid Proposal-Form. If the bidder is an individual, the bid must be signed by that individual; if the bidder is a corporation, the bid must be signed by an officer of the corporation, or other person authorized by resolution of the board of directors, and in such case a copy of the resolution must be attached; if a partnership, by one of the partners or other person authorized by a writing signed by at least one general partner and submitted with the bid documents. The submission of this constitutes a certification that no Town Officer has any interest therein. (Note: In the event that any Town Officer has any such interest, the full nature thereof should be disclosed below. It is not forbidden that individuals working for the Town of Southold or other municipalities bid on contracts, but only that such interest be revealed when they do bid.) 6)'3'0'0— The )',r,.0.The undersigned hereby acknowledges receipt of the following Addenda (if none were issued please write N/A below): Adden um No. Dated Proposal Package 7 of 9 Pike Street Parking Lot Improvements Itemized Proposal for: Town of Southold ITEM NO ESTIMATED DESCRIPTION OF ITEM UNIT BID PRICE EXTENDED AMOUNT BID QUANTITY (Fill in Unit Price Written in Words) DOLLARS CENTS DOLLARS CENTS Demolish ExistingCo crete Sidewalks 1 1 for 71 F"ZC 1 "O-&S 4,1 /LS Dollars Cents Raise Existing Castings to Finished Grade 2 6 for 7"l,�c� i �t6LAJ��,6j �-- I, /EA G, Z7Q o. Dollars Cents Install Concrete Curbing 3 512 LF for /LF Dollars Cents Install Con1crete Aprons for 4 200 SF �w �6\ `&ti � t)0 j /SF � d L) 6 Dollars Cents Install Concrete Sidewalks 5 1,050 SF for /SF -73 QJ� w �t> l l� Dollars Cents /SF�� Install Concrete Islands (( for 6 120 SF N(,9 l I�/'► Z Q O, [/ � / U � � C. Dollars Cents TOTAL BASE BID Items(Add All Items) 9&& 7-Artf -Aa lJ ►�X hk w ��e�"' a 1 Iems.) J—Z00 Dollars Cents (Numerically) WRITTEN IN WORDS NOTE: The Town of Southold reserves the right to Increase,decrease,or eliminate In Its entirety any or all items prior to or after award of the bid. Proposal Package 8 of 9 AUTHORIZED SIGNATURE PRINT NAME TITLE f V.ts DATE ' l ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF ,2aeFo ss.: On theay of ��e� in the year 2018 before me, the undersigned, personally appeared, f}C►CPpersonally known to me or proved to me on the basis of satisfactory evidence to be the individualk6� whose name.K is (x6f subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisjgiei lhdrr capacity, and that by his their signature(sl on the instrument, the individualK, or the person upon behalf of which the individual acted, executed the instrument. Notary Public,State of NewYork No.01 N06156200 _ Qualified in Suffolk County NOTARY PUBLIC Commission Tres x l30,20 Proposal Package 9 of 9 CONTRACT AGREEMENT THIS AGREEMENT made this 7r3 day of_ ( Two Thousand and Eighteen by and betty en the Town o Southold, party of the first part (hereinafter called the Owner), and L 6MO L — Wk uS��YIC, , 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: 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 associated with the Pike Street Parking Lot Improvements. AS DESCRIBED IN THE Contract Documents made andrepared by the Town of Southold, and as set forth in the Contractor's Bid dated 3 , and in strict and entire conformity and in accordance with the Notice to Bidders, Instructions to Bidders, Proposal Form (Bid), Per-fefmanee Bond, Conditions of Contract, General Conditions, Detailed Specifications, Contract Drawings, Addenda, and this Agreement, hereto annexed and made a part hereof, ,and hereinafter collectively referred to as "Contract Documents". SECOND: In Consideration of the Contractor performing this Contract in the manner herein stated and as stated in the Contract Documents, the Owner promises and agrees to pay or cause to be paid to the Contractor the sums of money mentioned in said Contract Documents in the manner and under the conditions therein provided. THIRD: The Contractor covenants and agrees that, anything in this Contract or in the Contract Documents"to "be contrary notwithstanding, or regardless of any matter, thing, contingency of condition unforeseen or otherwise, present''or:future; the Contractor shall not be entitled to receive any additional or further sums of money than the amounts in said Contract Documents provided; and the failure of the Owner or its agents to insist upon strict performance of any of the terms, covenants, agreements, provisions or conditions in this Agreement or in the Contract Documents, on any one or more instances, shall not be construed as a waiver or relinquishment for the future of any such terms, covenants, agreements, provisions and conditions and the same shall be and remain in full force and effect with power and authority on the part of the Owner to enforce the same or cause the same to be enforced at any time, without prejudice to any other rights which the Owner may have against the Contactor under this Agreement or the Contract Documents. A-1 Terms used in the Agreement which are defined in Article 1 of the General Conditions shall have the meanings indicated in the General Conditions. Neither Owner nor Contractor shall, without the prior written consent of the other,,assign or sublet in whole or part his intefest under any of the Contact Documents; and, specifically, Contractor shall not assign any monies due or to become due without the prior written consent of the Owner. Owner and Contractor each binds himself, his partners, successors, assigns and legal representatives of the other party hereto in respect to all covenants, agreements and obligations contained in the Contract Documents. The Contract Documents constitute the entire agreement between. Owner and Contractor and may only be altered, amended or repealed by a duly executed written instrument signed by both parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. Total Bid Dollars Written in Words $ '3,10 1010 Written in Figures TOWN OF SOUTHOLD CONTRACTOR BY BY Scott A.Russell, Supervisor TITLE D ' BY v Town Attorney (CORPORATE SEAL) A-2 Town of Southold BIDDER'S QUALIFICATION STATEMENT 11 The signatory of this questionnaire certifies under oath the truth and correctness of all statements and of all answers toi og ories hereinafter made. SUBMITTED BY: �Lt C66c,d�. ooration rs1pAe tity FIRM NAME: aX,)G 1- �1 �'LC- An Individual PRINCIPAL OFFICE: /3Z kenjVia '1k tri wIT l? a PRINCIPAL OFFICERS: BACKGROUND TITLE NAME ADDRESS PROFESSIOIN/TRIADE e cs��. / ��� Vat,,,, X32 ►ccs..:.k Co jl.�.!'7/kc-t'ry a Cw,,r r) r w 1. How many years has your,organization been in business under its present business name? I 2. You normally perform what percent of the work with your own forces? jfjo % List trades jhat you organization normally performs below: 3. Have you ever failed to complete any work awarded to you? / K). If so, note where and why. 4. Are there any claims,judgments, arbitration proceedings or suits pending or outstanding against your firm or its officers?If yes, please provide details. AA) QS-1 i 5. Has your firm requested arbitration or filed any lawsuits with regard to construction contracts within the last five years?If yes, please provide details: �D 6. List the major construction projects your organization has underway at this date: Name of: Engineer Project Owns�Z _S`I t>Architect Contract Percent Scheduled Name Tele one Tele hone Amount Complete Completion Tb-P a1Pz_ 511p Do �7��0�, � o r� l! ?��sr 'jVM 5 7. List five major projects you organization has completed in the past five years:, Name of: Engineer/ Work Done Project Owner Architect Contract Date of With Own Forces Name Telephone# Telephone# Amount Com letion % of Wo-11 M0311� Pa R)04A0v ,3z�6o� XQJiK, cci4rovgv vI G.v.r K �� ��IC►Svu`U zo /� /�o (�31� Z2y e��.� ell, -��d '�> �-'ti' V- Noe � 17N� A (.31) 2-ILI 6I 0 TSN cu-t So� dl7jdU" /a a A% R -� QS-2 8. List the construction experience of the principal individuals of your organization (particularly the anticipated project supervisors): Present Type of Work Position Years of For Which In What Individual''s'Name Of Office Experience Responsible Capacity LCV ('��F S F—✓�mFa. Z �'I� ' , l^ ✓w�' 2 �, VttilL... t Lw6c•t� � � y4 ti �u..l V4C('-t- 9. Do you have, or can you obtain, sufficient labor and equipment to commence work when required and complete the work within the Contract Time? le J i.+ �1nu?01101198 CO3'7i,L"ZU) � - i l> y 6 3 1 b —�00 .wYQ.01 �tis,,�� . . (w•-K 11. Trade Association Membership: 06 12. Has your firm ever been investigated by the New York State Department of Labor for prevailing wage ale violations?If yes,when? What was the outcome of the investigation? QS-3 13. Attach current state of financial conditions showing assets, liabilities and net worth. Failure to attach the required documentation may be considered non-responsive on the part of the Bidder and may result in rejection of the Bidder's Proposal. STATE OF Alf Y41e* ) COUNTY OF Ybeingduly worn d oses and says that he is the_ "115 of - contractor and that answers to the foregoing questions and all statements therein contained are true and correct. (Aifnaturie of person who signed bid) Sworn to before me this��day of 2018 BONNIE M NOONE Notary Public,State of Newyork Notary Public No.01NO8156200 Qualifled in Suffolk County Commission Expiration D'ate': �C ,l�� Commission iresA ri130,2 QS-4 ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF SUS ) ss.: On the �-3 day of "/I/ in the year 2018 before me, the undersigned, personally appeared, 0# 6AS-6& , personally known to me or proved to me on the basis of sa isfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. NOTARYPUBLIC MARY L.SILLECK Notary Public,State of New York No.01 SI4984608 Qualified in S rsJY � Commission Expires 29� STATE OF NEW YORK, COUNTY OF <S'v 4Q IL )ss.: On the LJ day of in the year 2018 before me, the undersigned, personally appeared, ( I 7 1( (-O , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. NOTARY 14JBLIC MARY L. SILLECK Notary Public, State of New York No. 01 S 14984608 Qualified in Sires lk county T4 Commission Exp Y A-3 THE PREVAILING WAGE CASE NUMBER ISSUED BY THE NEW YORK STATE DEPARTMENT OF LABOR FOR THIS PROJECT CAN BE FOUND ON THE NEXT PAGE. A CURRENT PREVAILING WAGE SCHEDULE FOR THIS PROJECT CAN BE OBTAINED DIRECTLY FROM THE DEPARTMENT OF LABOR WEBSITE @ www.labor.state.ny.us NEk�yo 0 Andrew M.Cuomo,Governor 9,�T 1,� Roberta Reardon,Commissioner `SENT� Town of Southold Schedule Year 2017 through 2018 Michael Collins,Town Engineer Date Requested 02/12/2018 Town of Southold PRC# 2018001608 53095 Main Road Southold NY 11971 Location Pike Street Parking Lot Project ID# Project Type Demolition and replacement of existing sidewalks and curbing to meet ADA requirements. Paving and striping improvements to parking lot. PREVAILING WAGE SCHEDULE FOR ARTICLE 8 PUBLIC WORK PROJECT Attached is the current schedule(s) of the prevailing wage rates and prevailing hourly supplements for the project referenced above. A unique Prevailing Wage Case Number (PRC#) has been assigned to the schedule(s) for your project. The schedule is effective from July 2017 through June 2018. All updates, corrections, posted on the 1st business day of each month, and future copies of the annual determination are available on the Department's website www labor.state.ny.us. Updated PDF copies of your schedule can be accessed by entering your assigned PRC# at the proper location on the website It is the responsibility of the contracting agency or its agent to annex and make part, the attached schedule, to the specifications for this project, when it is advertised for bids and /or to forward said schedules to the successful bidder(s), immediately upon receipt, in order to insure the proper payment of wages Please refer to the "General Provisions of Laws Covering Workers on Public Work Contracts" provided with this schedule, for the specific details relating to other responsibilities of the Department of Jurisdiction Upon completion or cancellation of this project, enter the required information and mail OR fax this form to the office shown at the bottom of this notice, OR fill out the electronic version via the NYSDOL website NOTICE OF COMPLETION / CANCELLATION OF PROJECT Date Completed Date Cancelled. Name &Title of Representative Phone- (518)457-5589 Fax. (518)485-1870 W Averell Harriman State Office Campus, Bldg 12, Room 130,Albany, NY 12240 www labor.state ny us PW 200 PWAsk@labor state ny us • DIVISION 1 - GENERAL REQUIREMENTS TOWN OF SOUTHOLD PIKE STREET PARKING LOT IMPROVEMENTS GENERAL The work under this Division shall be subject to the requirements of the CONDITIONS OF CONTRACT, GENERAL CONDITIONS, SUPPLEMENTARY GENERAL CONDITIONS, DRAWINGS, SCHEDULES, ADDENDA and other Contract documents. Refer to the Drawings and Specifications of other trades and Contractors for items which might affect the work under this Division. TABLE OF CONTENTS—DIVISION NO. 1 —GENERAL REQUIREMENTS Included in this Division are the following sections: 01010 General 01025 Measurement and Payment 01500 Construction Facilities &Temporary Controls 01501 Health& Safety Provisions 01502 Environmental Protection DIVISION 1 - Page 1 of 13 DIVISION 1 - GENERAL REQUIREMENTS SECTION 01010 -GENERAL SITE The site of the proposed general construction for the PIKE STREET PARKING LOT IMPROVEMENTS is located at 630 Pike Street in Mattituck, Town of Southold, Suffolk County,New York and more particularly shown on the Contract Plans. BACKGROUND The existing Pike Street Parking Lot is to be improved with new concrete curbing, sidewalks, islands and aprons as specified in the contract documents. The new sidewalks shall be ADA compliant in all respects and the contractor shall notify the Town of any conflicts prior to the beginning of any work. The Contractor will also be responsible for raising six (6) existing at- grade cast iron grates/covers to final grade as directed by the Engineer. Disturbed areas of the Pike Street Parking Lot will be restored with 6" of compacted NYS Specification Recycled Concrete Aggregate. Final paving and striping of the Pike Street Parking Lot will be the responsibility of the Town,not the Contractor. SCOPE A. The work to be performed under this Contract shall include all labor, materials, equipment, services and incidentals required to perform the proposed construction as indicated in the Specifications, shown on the Contract Plans and/or as approved by the Engineer. B. In general,the work shall include but not be limited to the following: • Environmental protection of all existing site conditions and utilities • Saw-cutting and removal of existing asphalt and concrete as needed or required • Installation of new poured concrete curbs, islands and aprons • Installation of new poured concrete ADA compliant sidewalks • Proper disposal of all waste and excess materials generated by the project C. Without restricting the generality of the foregoing and for the convenience of each Contractor, the items of work are specified under the Standard 16 Uniform Divisions of the Construction Specifications Institute as follows: 1 General Requirements 2 Site Work 3 Concrete SHOP DRAWINGS The Contractor shall make or provide any shop drawings, cuts or samples which the Engineer may require for the approval of details and to show the construction as it will be installed. No DIVISION 1 - Page 2 of 13 • DIVISION 1 - GENERAL REQUIREMENTS shop drawing shall be issued or used until it has been approved by the Engineer or his representative. After approval, no changes or deviations shall be made without written notice being sent to the Engineer. The Engineer's approval shall not relieve the Contractor from responsibility for deviations.from the Plans or Specifications unless he has, in writing, called the Engineer's attention to such deviations at the time of submission, nor shall it relieve him from responsibility for errors or omissions of any sort in the Shop Drawing or schedule. The Contractor shall submit six (6) copies of each requested item to the Engineer for approval. SUPERINTENDENCE AND WORKMEN The Contractor shall give his constant personal attention to the work while it is in progress, and he shall place it in charge of a competent and reliable superintendent, who shall have authority to act for the Contractor, and who shall be acceptable to the Engineer. The Contractor shall, at all times, employ labor and equipment which shall be sufficient to prosecute the work to full completion in the manner and time specified. All workmen must have sufficient skill and experience in such work to properly and satisfactorily perform it and operate the equipment involved. Any person employed by the Contractor whom the Engineer may deem incompetent or unfit to perform the work, shall be at once discharged and shall not be again employed. INSPECTION All proposed work under this Contract shall be performed during and with Engineer's approval. The Contractor is advised to inspect carefully the full premises and consult with the Engineer regarding any items of construction or reconstruction that may be questionable. MAINTENANCE AND PROTECTION OF TRAFFIC The Contractor shall so conduct his operations as to interfere to the least extent practicable with the passage of vehicles, pedestrians and all other kinds of public traffic; and he must take every precaution against accidents happening to said vehicles, pedestrians and other traffic because of his operations. The Contractor shall enforce regulations and restrictions as may be necessary or required for the protection of fire, accidents, property damage and public nuisance. He shall provide and maintain such toilet facilities at or adjacent to the site as may be required The Contractor shall erect and maintain such signs, channel and obstruction markers and barricades as may be required for the protection of traffic. The Contractor shall not deposit or store any equipment or materials within the Site Area except with written permission from the Engineer. MAINTENANCE AND PROTECTION OF UTILITIES A. The Contractor shall familiarize himself with the existence of structures of municipal and other public service corporations on or adjoining the site of the work and give reasonable opportunity to and cooperation with the owners of these utilities in the work of reconstructing or altering them. Such reconstruction and alteration shall be so conducted as to delay or interfere as little as practicable with the work of the Contractor. Any additional cost of various items of work because of these utilities shall be included-in the price bid for these items. DIVISION 1 - Page 3 of 13 DIVISION 1 - GENERAL REQUIREMENTS B. The Engineer shall direct the public utility corporations to shift or remove those utility structures that may be necessary to permit the Contractor to carry out the work in accordance with the Plans. The Contractor shall not remove or cause to be removed, any structure owned by a public utility corporation without the approval of the Engineer. C. The Contractor shall cooperate with the public utility corporation whose structures (aerial, surface or subsurface) are within the limits of or along the outside of the right- of- way, to make it possible for them to maintain uninterrupted service. The Contractor shall conduct his operations in such a way as to delay or interfere as little as practicable with the work of the utility corporation. GRADES,LINES,LEVELS AND SURVEYS Upon completion of the demolition and removal work under the Contract, the Contractor shall restore all disturbed areas of the parking lot as per the Contract Plans and Specifications. LABOR, LAWS AND WORKMANSHIP A. All Contractors and Subcontractors employed upon the work shall and will be required to conform to the Labors Laws of the State of New York, the Occupation Safety and Health Act of the various acts amendatory and supplementary thereto; and to all other laws, ordinances and legal requirements applicable thereto. B. All labor shall be performed in the best and most workmanlike manner by mechanics skilled in their respective trades. The standards of the work required throughout shall be of such grade as will bring results of the first class only. QUALIFICATIONS All bidders must have been established in the type of construction they are submitting a bid for as specified in the Contract Documents for a period of at least five (5)years. On request, bidders must furnish a list of a minimum of five (5) projects of similar type construction that was built by them in the Nassau- Suffolk area. List must contain name, address and telephone number of client's engineer for which each project was undertaken by Contract. A minimum of five (5) of the projects must have been built for municipal clients. APPROVAL OF SUBCONTRACTORS A. No Subcontractors shall be employed on the work unless prior approval has been given by the Engineer. The Contract shall, within five (5) days after signing of the Contract, submit a list of proposed Subcontractors to the Engineer for approval. The list shall contain firm names, names of all principals and addresses and projects completed by each Subcontractor and names, addresses and telephone numbers of the particular project's Engineer for which the Subcontractor on the aforementioned project list must have been of similar nature. A minimum of five (5) projects for each proposed DIVISION 1 - Page 4 of 13 • DIVISION 1 - GENERAL REQUIREMENTS Subcontractor must be submitted. B. If for any reason a Subcontractor must be discharged from work, the Contractor shall notify the Engineer at least 24 hours prior to discharge, stating the reasons, and shall provide the Engineer with the name and qualifications of the replacement Subcontractor for approval by the Engineer. This action is deemed necessary to maintain continuity of the work and to minimize project disruptions. All costs due to slowdown of the project for such reasons shall be borne by the Contractor. STANDARD SPECIFICATIONS Where reference is made in these Specifications to a society, the portion referred to shall be read into and shall be a part of this Contract and Specifications. Materials, methods and equipment shall conform to the latest A.S.T.M., A.W.P.A., A.S.A.,N.E.C., I.E.S., etc. specifications as may relate to or govern the construction work. CONTRACT PLANS The Contract Plans which accompany and form part of these Specifications, bears the title: PROPOSED RECONSTRUCTION PIKE STREET PARKING and is labeled as Sheet A-1. CLEAN-UP The Contractor shall at all times keep the construction area, including storage areas used by him, free from accumulation of waste material and rubbish and prior to completion of the work, remove any rubbish from and about the premises. Upon completion of the construction, the Contractor shall leave the work premises in a clean, neat and workmanlike condition satisfactory to the Engineer. GUARANTEES A. Before issuance of the final certificate, the Contractor shall deliver to the Owner the following guarantees in addition to those specifically required in the General Conditions and in the various technical sections. B. The Contractor hereby guarantees that all materials and workmanship installed under his respective contract to be new and of good quality in every respect and to remain so for a period of one (1) year or for longer periods where so provided for in the Specifications, from the date of issuance of the Final Certificate by the Engineer. C. Should any defects develop in the aforesaid work within the stipulated periods due to faults in materials and/or workmanship, the Contractor hereby agrees to make all repairs and do all necessary work to correct the defective parts. Such repairs and corrective work, including the cost of making good all other work damaged by or otherwise affected by making of the repairs or corrective work shall be done without any cost or expense to the owner, and at the entire cost and expense of the Contractor, within five (5) DIVISION 1 - Page 5 of 13 DIVISION 1 - GENERAL REQUIREMENTS days after notice to the Contractor. The owner may have the work done and charge the cost thereof to the Contractor and/or his Sureties who agree to pay the owner the cost of such work if the Contractor fails to respond as required. PAYMENTS Payment(s) made under this Contract will be made on the basis of actual work completed in accordance with the Contract Documents. Payments will be computed from the unit and lump sum bid. Payment will only be made for the items shown in the Proposal Form. END OF SECTION 01010 - GENERAL DIVISION 1 - Page 6 of 13 • DIVISION 1 - GENERAL REQUIREMENTS SECTION 01025—MEASUREMENT AND PAYMENTS DESCRIPTION The Contractor shall furnish all labor, materials, tools, equipment, appurtenances and all services necessary to perform all Work as required by the plans and specifications or as required by the Engineer, at the lump sum or unit prices for the items listed herein. Upon the completion and acceptance of the work specified and contracted for, the Owner will pay the full amount, less any money paid by the owner by reason of said contractor having failed to carry out faithfully and completely all the obligations and requirements herein contained. Upon final settlement, according to the conditions herein specified and not until such settlement shall have been made, will the Contractor be relieved from the obligations assumed in the Contract. END OF SECTION 01025—MEASUREMENT AND PAYMENTS DIVISION 1 - Page 7 of 13 DIVISION 1 - GENERAL REQUIREMENTS SECTION 01500—CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS SCOPE Work shall include but not be limited to the following: A. Temporary Utilities — Electricity, lighting, heat, ventilation, telephone Pinel„a: fm fnaehine , water and sanitary facilities. B. Temporary Controls — Barriers, enclosures and fencing, protection of the Work, and water control. C. Construction Facilities — Access roads, parking, progress cleaning, project signage, and temporary buildings. TEMPORARY ELECTRICITY The Eleetr-ieal Gentfaeter- shall be responsible for-providing and paying for-the tempofar-y eleetr-ie power-for-e �vr strue ion to an established poi} r9afimiicc e the eenstfueti6n-areL. The telev rafy shall be installed within 30 days of the award of the eentr-aet. The Elee4ieal Gentmetef shall be responsible for- pfeviding tempefwy eleetr-ie power- to all trades, fer- the dufatien ef the- TEMPORARY WATER SERVICE A. The Gentr-aeter- shall provide temper-af�, water- ser-viee for- eenstruetien p tafy f»oi1.ties, fire pFet VVt1V1andfor- t B. Potable water shall be furnished for construction personnel by portable containers. Q Water- seF�4ee shall be pfeteeted 47em 47eezing, and the sen,iee shall be extended and .v.VvuLVl1 as 11VliL.rJJte-meet e 1). The Gantr-aeter- shall install a fneter- and pay for- all expenses asseeiated with temper-ai7-y water- seB,iee during the eaufse of_the elud f:,, sh A all�vl>-k n, in and fees re. :..orfor-rempvlul, vut .i Jelvzce. approvals. oetian� and f xtd V.u.vvLlV 11J CL11U I1�CLZIl Ii.J. TEMPORARY SANITARY FACILITIES A. The General Contractor shall provide at the site suitable enclosed toilet facilities for the DIVISION 1 - Page 8 of 13 • DIVISION I - GENERAL REQUIREMENTS use of construction personnel. The Contractor shall observe and enforce all sanitary -regulations and maintain satisfactory sanitary conditions around and on all parts of the work. B. Adequate washing facility shall be provided for the construction personnel. C. The Contractor shall maintain, service, clean, and disinfect facilities in a satisfactory manner and enforce proper use of the sanitary facilities. D. The Contractor shall be subject to a fine and prosecution if any human excrement is deposited in or around the construction site. E. The Contractor shall pay for all expenses associated with temporary sanitary facilities during the course of the work, including furnishing all necessary permits and fees required for temporary sanitary facilities. F. Comply with all applicable codes and arrange for all necessary inspections and approvals. FIRST-AID FACILITIES AND ACCIDENTS A. The Contractor shall provide, at the site, such equipment and facilities as are necessary to supply first-aid to any of his personnel who may be injured in connection with the work. B. Accident 1. The Contractor shall promptly report in writing to the Engineer all accidents and whatsoever arising out of, or in connection with, the performance of the work, whether on or adjacent to the site, which cause death, personal injury or property damage, giving full details and statements of witness. 2. If death or serious injuries or serious damages are caused, the accident shall be reported immediately by telephone or messenger to both the Owner and the Engineer. 3. If any claim is made by anyone against the Contractor or a Subcontractor on account of any accidents, the Contractor shall promptly report the facts in writing to the Engineer, giving full details of the claim. WATER CONTROL A. Grade site to drain. Maintain excavations free of water. Provide, operate and maintain pumping equipment. B. Protect site from puddling or running water. Provide water barriers as required to protect site from soil erosion. DIVISION 1 - Page 9 of 13 DIVISION 1 - GENERAL REQUIREMENTS C. Provide temporary control of surface water, stormwater runoff and discharge from pumping in accordance with Contractor's approved soil erosion and sediment control plan. SECURITY A. Provide security and facilities to protect work, and existing facilities, and Owner's operations from unauthorized entry, vandalism or theft. B. Coordinate with Owner. C. Furnish security during the course of the work. ACCESS ROAD A. Maintain roads accessing construction area as shown on the Construction Plans. B. Extend and relocate as work progress requires. Provide detours necessary for unimpeded traffic flow. C. Provide and maintain access to fire hydrants, free of obstructions. D. Provide means of removing mud from vehicle wheels before entering public and private streets. Clean all mud and debris from construction traffic at no additional expense to the Owner. Comply with all State and Local regulations. E. Designated existing on-site roads may be used for construction traffic, as directed by the Owner and Engineer. Damage to existing site roads as a result of this Contract will be the responsibility of the Contractor. PARKING A. The Contractor's personnel shall not park on the main road or adjacent private side streets. B. When space is not adequate, provide additional off-site parking. C. Do not allow vehicle parking on existing pavement. PROGRESS CLEANING A. Maintain areas free of waste materials, debris and rubbish. Maintain site in a clean and orderly condition. B. Remove waste materials, debris and rubbish from site and dispose weekly in areas as DIVISION 1 - Page 10 of 13 DIVISION 1 - GENERAL REQUIREMENTS designated by the Owner. REMOVAL OF UTILITIES, FACILITIES AND CONTROLS A. Remove temporary above grade or buried utilities, equipment, facilities, materials, prior to Final Applications for Payment Inspections. B. Clean and repair damage caused by installation or use of temporary work. C. Restore existing facilities used during construction to original condition. Restore permanent facilities used during construction to specified conditions. END OF SECTION 01500—CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS DIVISION l - Page 11 of 13 DIVISION 1 - GENERAL REQUIREMENTS • SECTION 01501 —HEALTH AND SAFETY PROVISIONS REQUIREMENTS A. The Contractor shall be responsible to maintain a safe workplace and to monitor working conditions at all times during construction and, as necessary, to provide appropriate protective clothing, equipment and facilities for his personnel, and/or to establish work place procedures to ensure their safety, and to enforce the use of these procedures, equipment and/or facilities in accordance wit the following guidelines: 1. Safety and Health Regulations Promulgated by the U.S. Department of Labor OSHA, 29 CFR 1910 — Occupational Safety and Health Standards, and 29 CFR 1920—Safety and Health Regulations for Construction. 2. U.S. Environmental Protection Agency Medical Monitoring Program Guidelines. B. If, at any time, the Owner or the Engineer is apprised of a safety hazard which demands immediate attention because of its high potential for harm to public travel, persons on or about the work, or public or private property, the owner of the Engineer shall have the right to order such safeguards to be erected and such precautions to be taken as necessary and the Contractor shall comply with such orders. If, under such circumstances, the Contractor.does not or cannot or his representative is not upon the site so that he can be notified immediately of the insufficiency of safety precautions, the Owner may put the work into such a condition that it shall be, in his opinion, in all respects safety, and the Contractor shall pay all expenses of such labor and materials as may have been used for this purpose by him or by the Owner. The fact that the Owner or the Engineer does not observe a safety hazard or does not order the Contractor to take remedial measures shall in no way relieve the Contractor of the entire responsibility for any costs or claims for loss, damage, or injury by or against any part sustained on account of the insufficiency of the safety precautions taken by him or by the Owner acting under authority of this Section. C. It is the responsibility of the Contractor to take appropriate safety precautions to meet whatever conditions of hazard may be present during the performance of the work, whether reasonably foreseeable or not. The Contractor is alerted to the fact that it shall be his sole responsibility to anticipate and provide such additional safety precautions, facilities, personnel and equipment as shall be necessary to protect life and property from whatsoever conditions of hazard are present or may be present. END OF SECTION 01501 —HEALTH AND SAFETY PROVISIONS DIVISION 1 - Page 12 of 13 • DIVISION 1 - GENERAL REQUIREMENTS SECTION 01502—ENVIRONMENTAL PROTECTION WORK INCLUDED A. The Contractor shall furnish all labor, equipment and materials required for environmental protection during and as the result of construction operations under this Contract except for those measures set forth in other provisions of the Contract Plans and Specifications. Environmental protection requires consideration of air, water and land, and involves noise and solid waste management as well as other pollutants. RELATED SECTIONS A. Section 01500—Construction Facilities and Temporary Controls APPLICABLE REGULATIONS A. In order to prevent environmental pollution and to provide for environmental protection arising from construction activities related to the performance of this Contract, the Contractor and his subcontractors shall comply with all applicable Federal, State and local laws and regulations concerning environmental protection, as well as the specific requirements stated in this Section and elsewhere in the Contract Specifications. END OF SECTION 01502—ENVIRONMENTAL PROTECTION DIVISION 1 -Page 13 of 13 • DIVISION 2 - SITE WORK GENERAL The work under this Division shall be subject to the requirements of the GENERAL CONDITIONS, CONDITIONS OF CONTRACT, DRAWINGS, PLANS, ADDENDA and other Contract documents. Refer to the Contract Drawings and Specifications of other trades and Contractors for items, which might affect the work under this Division. TABLE OF CONTENTS - DIVISION 02000 - SITE WORK Included in this Division are the following sections: 02050 - Site Demolition 02200 - Site Preparation DIVISION 2 - 1 of 4 DIVISION 2 - SITE WORK SECTION 02050—SITE DEMOLITION & REMOVAL DESCRIPTION Under this Section, the Contractor shall supply all labor, materials, equipment and incidentals necessary to complete the Demolition work and Debris removal as specified herein, shown on the Contract Drawings and/or as directed by the Engineer. SCOPE In general,the work to be done shall include but not be limited to the following: A. Demolition, as referred to in this section, includes all labor, material and equipment necessary to properly remove and dispose of all materials associated with removal of the existing asphalt and concrete associated with the project. B. All waste materials generated from the site demolition shall be disposed of at a permitted facility. Off-site disposal for all demolished material and debris shall be at a facility approved by the New York State Department of Environmental Conservation. All disposal fees, permits, and incidentals associated with transportation and disposal shall be borne by the Contractor. C. Any non-waste materials and/or equipment removed during demolition shall be considered for re-use, salvage or re-sale by the Contractor. D. Site demolition shall be limited to the area shown on the Contract Plans. Any areas adjacent to this area that are affected by site demolition shall be restored by the Contractor at no additional cost to the Owner. E. Site demolition shall be conducted in a manner that protects the underlying soils and surrounding areas. The Contractor shall furnish all materials required to protect the surrounding environment while removing BASIS OF PAYMENT Payment for the above items shall be included in the lump sum price bid for each item of the overall project. END OF SECTION- SECTION 02050—SITE DEMOLITION & REMOVAL DIVISION 2 - 2 of 4 Y DIVISION 2 - SITE WORK SECTION 02200 - SITE PREPARATION QUALITY ASSURANCE A. The Contractor shall, at their own expense, secure utility markouts and give all legal notices that may be required in connection with the work, including the notification of owners of existing subsurface gas and other utility lines. INSPECTION A. The Contractor shall visit and thoroughly familiarize them with the site and with the scope of work to be done. B. When the Contractor submits their proposal, it shall be interpreted to mean that he has examined the site, fully understands the existing and proposed conditions and has made due allowances for them in their proposal. PREPARATION A. Notification of utility companies shall be in accordance with Industrial Code Rule#53 of Title 12, of the Official Compilation of Codes, Rules and Regulations of the State of New York. B. Notify all utility companies, prior to start of work and ascertain location of all existing utilities. C. Exercise extreme caution in the area of existing utilities so as not to cause damage or breakage. D. The-Contractor shall verify all elevations and satisfy themselves 8 to their correctness by visiting the site of the proposed work and examining the actual condition prior to the beginning of the work. ADJUST AND CLEAN A. The Contractor shall clean up and remove from the site all rubbish and surplus material as fast as it accumulates and shall not permit it to be scattered about the project site. PROTECTION OF EXISTING VEGETATION A. Top soil cover over root systems of existing trees and shrubs shall be minimized and never exceed 6 inches in depth. B. Trenching across tree root systems should be a minimum distance to the tree diameter in inches, converted to feet, from the tree trunk. (e.g. 10-inch caliper tree shall have a minimum of 10 feet distance between trunk and trench.) Tunnels under the root system should start 18 inches or deeper below existing grade. Tree roots, which must be DIVISION 2 - 3 of 4 DIVISION 2 - SITE WORK severed, should be cut clean. Backfill material around roots shall be topsoil. C. Construct sturdy fences, wood or steel barriers, or other protective devices surrounding valuable vegetation from construction equipment. Place barriers far enough from tree so that all equipment such as backhoes and dump trucks do not contact tree trunk or branches. D. Trees shall be protected from grade to the lowest branch or 8' above grade, whichever is lowest. E. Material shall only be stockpiled in locations approved by the engineer. No equipment shall be parked or repaired, and no oil, gasoline, concrete or other debris shall be dumped near trees and shrubs to remain. At the end of each workday, all debris shall be removed and disposed of off-site. F. Obstructive and broken branches should be pruned properly. The 3 cut method should be used on all branches larger than two inches at the cut. The branch collar on all branches whether living or dead should not be damaged. First cut the underside of the branch partly through 6 inches or more from tree. Cut through the branch 2 inches or further out from trunk. The final cut should be made by placing the shears or saw in front of the branch bark ridge and cutting downward and slightly outward. Do not paint the wounds. G. Any trees damaged during construction shall be repaired by an approved tree surgeon. Any tree erroneously removed or damaged beyond satisfactory repair shall be replaced with the same species, 6 inches in caliper, which shall be balled, burlapped and platformed and planted at the direction of the Engineer. H. Where cuts expose or affect root systems of trees, the exposed roots shall be cut off cleanly and such areas shall be backfilled with topsoil as soon as practicable and shall be watered and protected from further damage. END OF SECTION- SECTION 02200 - SITE PREPARATION DIVISION 2 - 4 of 4 DIVISION 3 - CONCRETE GENERAL The work under this Division shall be subject to the requirements of the CONDITIONS OF CONTRACT, GENERAL CONDITIONS, SUPPLEMENTARY GENERAL CONDITIONS, DRAWINGS, SCHEDULES, ADDENDA, and other Contract documents. Refer to the Drawings and Specifications of other trades and contractors for items which might affect the work under this Division. TABLE OF CONTENTS -DIVISION NO. 3 - CONCRETE Included in this Division are the following sections: 03100 Concrete Form Work 03200 Concrete Reinforcement 03300 Cast-In-Place Concrete DIVISION 3 —Page 1 of 8 DIVISION 3 - CONCRETE SECTION 03100 - CONCRETE FORM WORK SCOPE A. The work under this heading shall consist of furnishing all labor, materials, equipment and appliances necessary or required to perform and complete all concrete form work, including but not limited to the following: 1. Forms and centering. 2. All forms required for the work in this Section. 3. Setting and building of all anchors, inserts, hangers, supports, ties, frames, bolts, sockets, sleeves, lintels, etc., required to be built into concrete work, except where otherwise specified. FORMS, CENTERING AND FORM WORK AFFECTING WORKMANSHIP A. Forms shall conform with the lines, dimensions and shapes of concrete indicated on the Drawings, for the members for which they are provided. They shall be tight to prevent any possibility of movement after concrete is poured and shall insure safety to workmen and the public. B. On concrete exposed to view, metal ties where used shall be detached 1-inch back from surface of exposed side and holes filled with cement mortar and rubbed immediately after removal of forms. C. Forms for concrete work shall be plywood or composite of smooth line construction, that will produce straight, dense surface free from honeycombs, bulges and depressions. D. If any material is used to coat formwork to facilitate its removal, this material shall be of such nature as not to stain or injure the concrete or cause injury to finish to be applied on exposed surfaces on concrete. Forms shall be thoroughly cleaned before reusing. E. All wood form work, including that used in void spaces, pockets and other similar places, shall be removed. F. Forms shall not be disturbed until the concrete has adequately hardened. Care shall be taken to avoid spalling concrete surface. WORK IN CONNECTION WITH OTHER SECTIONS AND/OR CONTRACTS A. Box out for pipes as directed and fill up to pipe sleeves with concrete after same are in place. B. Build in anchors, inserts or slots as required for proper anchorage. DIVISION 3 —Page 2 of 8 J DIVISION 3 - CONCRETE C. Set in concrete all sleeves furnished under other sections or contracts, in proper alignment and location. D. Cooperate with other trades. E. Build in concrete all forms furnished by other trades and required to be built into concrete. END OF SECTION 03100 - CONCRETE FORM WORK DIVISION 3 —Page 3 of 8 DIVISION 3 - CONCRETE SECTION 03200 - CONCRETE REINFORCEMENT SCOPE The work under this heading shall consist of furnishing all labor, materials, equipment and appliances necessary or required to perform and complete all concrete reinforcing. SHOP DRAWINGS A. Complete and accurate shop drawings shall be submitted to the Engineer for review before any work is executed. Drawings shall show framing plans, details, bending diagrams, sizes and spacing of members, relationship to contiguous work, scale elevations of all reinforced concrete walls, and all other pertinent information. Details shall be carried out in accordance with the A.C.I. rules. B. Contractor shall submit one black and white print and one reproducible with each submission. Cost of all prints required from the reproducible, including prints required by the Engineer, shall be borne by this Contractor. MATERIALS A. Deformed reinforced steel shall conform with SPECIFICATIONS FOR NEW BILLET-STEEL BARS FOR CONCRETE REINFORCEMENT, ASTM A-615, GRADE 60. B. Deformations on deformed bars shall conform with SPECIFICATIONS FOR DEFORMATIONS OF DEFORMED STEEL BARS FOR CONCRETE REINFORCEMENT, ASTM A-305. C. Welded wire fabric shall comply with ASTM A-185. PLACING OF REINFORCEMENT A. Metal supports, ties and spacers for reinforcement shall be rustproof of proper size, and strength to ensure against displacement during pouring operations. For structural slabs placed on ground, provide legs of slab bolsters and continuous high chairs with continuous plates. B. All reinforcement shall be bent cold. Minimum radius of bend shall be four diameters for bars 5/8 inch round or less, and six diameters for larger bars. C. At intersections, rods shall be securely wired together. D. Contractor shall exercise extreme care to prevent discoloration of exposed concrete surfaces by reinforcement. E. All reinforcement shall be inspected in the forms before concreting starts by the Engineer. Contractor shall notify the Engineer at least 24 hours prior to any pour. END OF SECTION 03200—CONCRETE REINFORCEMENT DIVISION 3 —Page 4 of 8 DIVISION 3 - CONCRETE SECTION 03300 - CAST-IN-PLACE CONCRETE RELATED SECTIONS See Section 09672 Resinous Flooring for concrete floor coating. REFERENCES Except as shown or specified otherwise, the Work of this Section shall conform to the requirements of Specifications for Structural Concrete for Buildings ACI 301-89 of the American Concrete Institute. Materials used to produce concrete and testing thereof shall comply with the applicable standards listed in the New York State Building Code, Chapter 19 Concrete. QUALITY ASSURANCE Concrete batching plant shall be currently approved as a concrete supplier by the New York State Department of Transportation. PROPORTIONING (Amendments to ACI 301, Chapter 3): A. Compressive Strength: Minimum 4000 psi for structural footings, foundations, floor slabs, exterior slabs, ramps and stairs. B. Weight: Normal weight as indicated, Lightweight Concrete (for floor fills): Air-dry unit weight between 95 and 115 lb/cu ft. C. Durability: 1. Concrete shall be air-entrained. Design air content shall be 6 percent by volume, with an allowable tolerance of plus or minus 1.5 percent for total air content. Entrained air shall be provided by use of an approved air-entraining admixture. Air-entrained cement shall not be used. D. Slump: 4000 psi Normal Weight Concrete: Between 2 inches and 3 inches. E. Admixtures: Do not use admixtures in concrete unless specified or approved in writing by the Engineer. F. Selection of Proportions: Concrete proportions shall be established on the basis of previous field experience or laboratory trial batches, unless otherwise approved in writing by the Engineer. Proportion mix with a minimum cement content of 564 pounds per cubic yard for 3000 psi concrete and 611 pounds per cubic yard for 4000 psi concrete. DIVISION 3 —Page 5 of 8 J. DIVISION 3 - CONCRETE REINFORCEMENT (Amendments to ACI 301, Chapter 5): A. Bar Reinforcement: ASTM A 615, Grade 60, deformed steel bars. B. Fabric Reinforcement: ASTM A 185,, welded wire fabric, fabricated into flat sheets unless otherwise indicated. C. Bar Supports: Galvanized steel or AISI Type 430 stainless steel, and without plastic tips. D. Tie Wire: Black annealed wire, 16-1/2 gage or heavier. PRODUCTION (Amendments to ACI 301, Chapter 7) A. Provide ready-mixed concrete, either central-mixed or truck-mixed. EXAMINATION AND PREPARATION A. Do not use items of aluminum for mixing, chuting, conveying, forming or finishing concrete, except magnesium alloy tools may be used for finishing. B. Keep excavations free of water. Do not deposit concrete in water. C. Hardened concrete, reinforcement, forms, and earth which will be in contact with fresh concrete shall be free from frost at the time of concrete placement. D. Prior to placement of concrete, remove all hardened concrete spillage and foreign materials from the space to be occupied by the concrete. FORMWORK (Amendments to ACI 301, Chapter 4) A. Chamfer all exposed external comers-of concrete. PLACING REINFORCEMENT (Amendments to ACI 301, Chapter 5) A. At the time concrete is placed, reinforcement shall be free of mud, oil, loose rust, loose mill scale, and other materials or coatings that may adversely affect or reduce the bond. PLACING CONCRETE (Amendments to ACI 301, Chapter 8) A. Operation of truck mixers and agitators and discharge limitations shall conform to the requirements of ASTM C 94. B. Do not allow concrete to free fall more than 4 feet. FINISHING FORMED SURFACES (Amendments to ACI 301, Chapter 10) A. Finish Schedule: Except where indicated otherwise on the Drawings, provide the finishes DIVISION 3 —Page 6 of 8 DIVISION 3 - CONCRETE below: 1. Rough Form Finish for concrete surfaces not exposed to view. 2. Smooth Form Finish for concrete surfaces exposed to view. 3. Smooth Rubbed Finish for exterior concrete surfaces exposed to view. 4. Grout Cleaned Finish for interior concrete surfaces exposed to view. FINISHING SLABS (Amendments to ACI 301, Chapter 11) A. Slabs On Grade: Provide key type joints unless otherwise shown. Tool exposed joints. B. Finish Schedule: Except where indicated otherwise on the Drawings, provide the finishes below: 1. Broom Finish for exterior slabs. Texture as approved by the Engineer. 2. Smooth Finish for interior slab. C. Finishing, General: Provide monolithic finishes on concrete floors and slabs without the addition of mortar or other filler material. Finish surfaces in true planes, true to line, with particular care taken during screeding to maintain an excess of concrete in front of the screed so as to prevent low spots. Screed and darby concrete to true planes while plastic and before free water rises to the surface. Do not perform finishing operations during the time free water(bleeding) is on the surface. CURING AND PROTECTION (Amendments to ACI 301, Chapter 12) A. Maintain concrete surfaces in a moist condition for at least 7 days after placing, except where otherwise indicated. B. For surfaces of exterior slabs (on grade), apply chemical curing and anti-spalling compound in accordance with the recommendations of the manufacturer. C. All concrete surfaces to be coated shall be clean and dry. Dirt, oil, loose concrete, salts, and other contaminants shall be wire brushed or grit blasted until a bare surface is obtained. D. A minimum of two (2) coats shall be applied to concrete. A minimum of 24 hours must elapse before application of the second coat. Do not use if epoxy coating is to be installed. FIELD QUALITY CONTROL (Amendments to ACI 301, Chapter 16) A. The Contractor shall make a maximum of(2) two test cylinders per truck load of concrete delivered to the site for testing by a testing lab. Sampling to be taken as per ASTM C 172 Standard Practice for Sampling Freshly Mixed Concrete. Concrete shall be sampled from the middle of the load. B. The Contractor shall be responsible for furnishing the Engineer with the test results of each concrete test cylinder tested at 7 and 28 days for each truck load. DIVISION 3 —Page 7 of 8 DIVISION 3 - CONCRETE LABORATORY TESTS The Contractor shall be responsible for arranging and coordinating of all testing. All laboratory costs in establishing the design mix and testing of cylinders shall be borne by the Contractor. END OF SECTION 03300 - CAST-IN-PLACE CONCRETE DIVISION 3 —Page 8 of 8 18" , 4"Thick Expansion Joint 3,000 PSI Concrete Slab I j Align New Curbing Compacted , • & Tie Into Existing Existing Curbing Stone Fill Concrete Curb. this Area to Remain 3,000 PSI Asphalt Pavement _ Concrete Curbing Align New Curbing I 1 II 11 � STED / Along Existing Curb — SECTION DETAIL 1 SOUTHOLD TOWN Inlet&Tie Into Existing ENGINEERING Concrete Curbing. �� � I x Scale: N.T.S. TYp• Existing Curbing 17'•e" 41' 0" this Area to Remain 1 .�� New Asphalt& ' I New Mountable Curbing OHO Su �' �� Paint By See Details this Sheet. n -4• G 5'I 4S aces ch=36 YP• 9'Ea •-0, R 4' -.. .•dC.• :.:�t•� t .j.< I � Others.T . _ h�;:. I 4"Thick : - '6:•-;•:::,: "YAOl ��1�V Existing Concrete7- n1o" New Curbing& I 3,000 PSI ` '=z2s ,'•,{w.r :• 1` Curbing to Remain. Sidewalk Concrete Slab Existing Concrete "err This Area a; Equal `y. Curbing to Remain. E •••.�•t• ual PROPOSED: 9'-0" 3,000 PSI RECONSTRUCTION M� X Existing Cast Iron Concrete Curbing, PIKE STREET PARKING 1s•-0" O Covers to be Extended SEE Detail 1 Above Typ' to Grade Prior to M A T T I T U C K »"r Pavement. (By Others) Town of Southold 4 Paint Set New Concrete Curb& "All PROJECT NOTE: Sidewalk Such That Existing PLAN DETAIL A. DRAWJames A.Richter, RA Provide A.D.A.Compliant I by Others e Entrance Does Not Flood. Scale: N.T.S.Handicap Access Ramps at Each Location Noted Coordinate with Town Engineering X71/ 1000 - 140 - 03 - 5 With "ADA". Typical of 4 Locations. 3,000 PSI Concrete with AS NOTED Steel Reinforcement #4 Bars p„V- c at 6"O.C.Each Way February 12,2018 m -2 8" 2'-0" 5'-0" iuwsem DESCMP110N OF YtxlalCATION: EXISTING v Line of Curb Beyond Equal Equal BUILDING - Existing I New Concrete Roa co New Concrete Curb Curb eD IMaintain 4-Separation Compacted Stone Parking Lot Pavement Q 'From Face of Bulilding. Blend Fill By Others �•:Yy ii:: i,� ' New Concrete Grass CURB CUT APRON DETAIL 112tt Sidewalk 'v; ` -Align New Curbing_ •'Y 9 Scale : N.T.S. Align New Curbing 3 with Existing Sidewalk & Sidewalk with New Sidewalk& Adjacent Curb Cut Concrete Curb 3,000 PSI Concrete with New Concrete 27'-0" 12'-0" 49•_6" 12'-0" 24'-6"+�_ 8" 2'-0" 6 x 6-10/10 W.W.F. Curb Field Verify ) v 1"Radius • Topsoil&Seed Pike Street g 'Utility Existing �,•�F : . x.a.,�; Bji.Others Existin Utili Pole to Remain. Roa ;,::: acted Fill Typical at 2 Locations Compacted 5o is� i 3,000 PSI Concrete Curb DRAWING 0: Pike Street Parking Lot - Mattituck CURB & SIDEWALK DETAIL ,"311 A=1 Scale : 1" = 40.0' Scale : N.T.S. tHM R -1-OF 1 I