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Curbing & Stairs
SUF�ot,� ELIZABETH A. NEVILLE,MMC O� Cali Town Hall,53095 Main Road may' TOWN CLERK y� P.O.Box 1179 a C* Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Cie Fax(631)765-6145 MARRIAGE OFFICER ,!. ® ®�. Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER O,( �� www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 31, 2018 Donald O'Hanlon Carter-Melence, Inc PO Box 907- Sound Beach,NY 11789 Dear Mr Hanlon: At the regular Town Board meeting held on July 17, 2018,the Town Board accepted the bid of Concrete Plus Inc for HRC curbing and sidewalks. A certified copy of the resolution is enclosed. The bid bond is being returned to you. Thank you for your bid. Very truly yours, Lynda M Rudder Deputy Town Clerk Ens. -SpFFOtA- ELIZABETH A. NEVILLE,MMC ®� BOG Town Hall,53095 Main Road TOWN CLERK �� P.O.Box 1179 Southold,New York 11971 y REGISTRAR OF VITAL STATISTICS %)-.* Fax631� ( )765-6145 MARRIAGE OFFICER ,� ®�. Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER �q( �`�+ www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 31, 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 July 17, 2018,the Town Board accepted the bid of Concrete Plus Inc for HRC curbing and sidewalks. A certified copy of the resolution is enclosed. The bid bond is being returned to you. Thank you for your bid. Very truly yours, Lynda M Rudder Deputy Town Clerk Ens. Southold Town Board - Letter Board Meeting of July 17, 2018 RESOLUTION 2018-683 Item# 5.19 o F�O`�ax ADOPTED DOC ID: 14338 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-683 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 17, 2018: RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Concrete Plus, Inc in the amount of$33,500.00 for the concrete curbing and stars at the Southold Human Resource Center, all in accordance with the Town Attorney approval. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Generated July 18, 2018 Page 30 �®gu�FOe'�co ELIZABETH A.NEVILLE,MMC ® G_ 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 ,�. off. Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER `�®( �`� www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD BID OPENING HRC Curbing& Sidewalks Bid Opening 7/12/18 2:00 PM Two (2) bids received Carter'-Melence, Inc $ 57,421.00 PO Box 907 Sound Beach,NY 11789 Donald O'Hanlon 631/744-0127 Concrete Plus Inc 33,500.00 PO Box 155 East Islip,NY 11730 Carl Vaccaro 631/581-3221 1 { TOWN OF SOUTHOLD i �• SOUTHOLD HUMAN RESOURCE CENTER CONCRETE CURBING AND STAIRS CONSTRUCTION SPECIFICATIONS SOUTHOLD, SUFFOLK COUNTY,NEW YORK 8 Prepared By: TOWN OF SOUTHOLD Engineering Department r 53095 Main Road Southold, New York 11971 { June 28, 2018 (631) 765-1560 f 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: "SOUTHOLD HUMAN RESOURCE CENTER CONCRETE CURBING AND STAIRS" Definite specifications may be obtained at the Southold Town Clerk's Office beginning June 28, 2018 PLACE OF OPENINGS: DATE OF OPENINGS: TIME OF OPENINGS: TOWN OF SOUTHOLD July 12, 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-refundable fee of$10.00 will be charged for plans and specifications. Payment can be made by either money order, cash or business check(payable to the Town of Southold). A non-mandatory pre-bidder's conference will be held at 2:00PM on July 3, 2018 at the site located at 750 Pacific Street in Mattituck,New York. The Town of Southold welcomes and encourages minority and women-owned businesses to participate in "the bidding process. jk x ..ri, TABLE OF CONTENTS TOWN OF SOUTHOLD SOUTHOLD HUMAN RESOURCE CENTER CONCRETE CURBING AND STAIRS Title Page ------ Invitation to Bid ------ Table of Contents ------ Instructions to Bidders IB-1 thru IB-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 r 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 Perfefmanee and Maintenan 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 L RECEIPT AND OPENING OF BIDS r• The Town of Southold invites bids on the forms herein provided for the Southold Human Resource Center Concrete Curbing and Stairs at 750 Pacific 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, July 12th, 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 appr-eval of the Pe-r-few}c Bond and until the completion of ten percent(10%) of the work under the Contract. IB -2 INSTRUCTIONS TO BIDDERS (b) The successful bidder, upon his failure or refusal to execute and deliver the Contract aPA beirequired within ten (10) days after the date of notice of the acceptance of his bid, shall forfeit to the Owner, as liquidated damages for such failure or refusal, the security he deposited with his bid. 4. QUALIFICATIONS OF BIDDERS (a) Forms for qualifications of bidders, giving evidence of sufficient facilities, equipment, experience and financial ability to insure completion of the work are provided with the bid specification package, and shall be filled out by the contractor and returned with the bid submission. (b) Information contained in any statement of financial ability shall be not more than thirty days old at the time of submission. (c) The Town reserves the right to make such investigation as it may deem necessary or advisable to determine any bidder's ability to do the work, and the bidder shall furnish to the Town, on request, all data and information pertinent thereto. The Town reserves the right to reject any bid if such investigation fails to satisfy the Town that the bidder is fully qualified to do the work. Financial instability of a bidder may be cause for non-award. 5. REJECTION OF BIDS (a) The TOWN BOARD reserves the right to reject any bid if the evidence submitted in the qualifications statement or an investigation of such bidder fails to satisfy the TOWN BOARD that such bidder is properly qualified to carry out the obligations of the Contract and to complete the work contemplated therein. Conditional bids will be considered informal and will be rej ected. (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 y instructions of the Engineer or his duly authorized representative will be rigidly enforced. 8. SEC-UPJTV FOR FAITHFUL PERFORMANCE AND MAINTENANCIE The successful bidder- shall be r-equifed to exeeute a Perfafmanee Bond equal te one hundred 0 ) of the amount bid, sueh bonds to be exeeuted by a New York heensed insuran eafr-ier4surety eempany with an A rating or better firtom A.M. Best & Co. and aGeeptable t Bond shall be vaitten so as to remain in ftill feFee and eff-eet as a FnaiRtenanee bond for- a pe of not loss than one (1) year-after-the date of final aeeeptanee of the x, .,,1. he-su.-aees- ,upon failufe to exeeute and deliver-the bonds r-eVir-ed within ten(10) days after-the date ef fietiee of awai-A, shall forfeit to the Ovmar-, a-, liquidated daFaages fef sueh faili or rePdsal, the seeufity deposited with his bid, and he will be liable for and he agrees to pay to th shall subsequepAly be re !at ineluding the eest of sueh re letting less the amount of sueh depes Ne plea of mistake in sueh aeeepted bid shall be available to the bidder- for- r-eeevery of deposit or- as a defense to any aetion upon aeeepted bid unless said mistake ean be pr-even by doeume1-tar-y=eyidenee aeeep+ccble to thevwrr. After approval of the bonds and execution of the Gentr-aet and after-ten (10) pereent of the 1, been eompleted,the bid seeunity aceompanying the bid will be returned_ a 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. IS. 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. 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). EXCESSA MBRELLA 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: r 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 6 fi",,o- W -H 77, ft:R iMR . , HOL - °S BE H -5 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 n 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 Offle€&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, Peffefmamee Bends, 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 Dgpartment/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. Aceeptanee of the eopAraeter's peFfkmanee bond in lieu of the Gentmetors read opening bond shaLl be at the option of the Highway D 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.IA. 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 furnished to the Contractor at cost of reproduction. The Contractor shall famish 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, of 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 ODIC—" TOILET: Contractor- shall provide ., „ff,.o trailer- for, by the town and its Eepresentatives. The trailer- shall be elimate eentrolled and have a clean phm table,dOSIE and ehaif pfevided 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. Y 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 t 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 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 ofwork 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 fromthe 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 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 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 CONDITIONS OF CONTRACT 3. COMPENSATION TO BE PAID TO THE CONTRACTOR (a) Agreed Prices: It is understood and agreed that the Contractor will accept as payment in full the summation of products of the actual quantities in place upon the completion of the work, as determined by the Engineer's measurements, by the unit prices bid, no allowance being made for anticipated profit or for reasons of variations from the estimated quantities set forth in the Form of Bid. (b) Extra Work: The Owner may, at any time, by a written order and without notice to the Sureties; require the performance of such extra work or changes in the work as it may find necessary or desirable. The amount of compensation to be paid to the Contractor for any extra work, as so ordered, shall be determined as follows: 1)By'such applicable unit prices, if any, as set forth in the Contract; or 2) If no such unit prices are set forth, then by unit price or by a lump sum mutually agreed upon by the Owner and the Contractor; or 3) If no such unit prices are so set forth and if the parties cannot agree upon unit prices or a lump sum; then by actual net cost in money to the Contractor of the materials, permits, wages of applied labor, premiums for Workmen's Compensation Insurance, payroll taxes required by law, rental for plant and equipment used (excluding small tools) to which total cost will be added twenty (20) percent as full compensation for all other items of profit, costs and expenses, including administration, overhead, superintendence, insurance, insurance other than Workmen's Compensation Insurance, materials used in temporary structures, allowances made by the Contractor to subcontractors, • and the use of small tools. 4. TIME OF ESSENCE 'INASMUCH AS THE PROVISIONS OF THIS CONTRACT RELATING TO THE TIME OF PERFORMANCE AND COMPLETION OF THE WORK ARE FOR THE PURPOSE OF ENABLING THE TOWN TO PROCEED WITH THE CONSTRUCTION OF A PUBLIC IMPROVEMENT IN ACCORDANCE WITH A PREDETERMINED PROGRAM, SUCH PROVISIONS ARE OF THE ESSENCE OF THIS CONTRACT. 5. COMMENCEMENT OF WORK The Contractor agrees that he will commence work immediately on and not later than ten (10) days after signing of the Contract. 6. TIME OF COMPLETION The time of completion of the entire contract work shall be SIXTY (60) 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. S. 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 QT,!`URIT-. Bend, > equal to one0 ) of the ameunA of the bid as seetir-ity for- the fai4if�! per-fermanee e eonneetion with this Contraet. The Perl"amianee Bond shall be vffittefi so as to remain ill full foree and eg3et as a maititenanee bond for-a period of no! less thaR Ofie (1) year-aftet!the da4 UVVVULLLIIVV of the . + CC -4 ' CONDITIONS OF CONTRACT (b) Additional or- Substitute Bond: if at any time the &Am beeome dissatisfied wi an), sure[., — swettes, or if for- any other-reason sueh bond shall eease to be adequate seeuf" the Owner, the Gentfaeter shall A4thin five (5) days after- netiee ffem the Owner- to do so-, substitate an aceeptable bond in such fefm and sum and signed by sueh other- surety as may-be satis&c4or-y to the Oyffien The premiums on sueh bonds shall be made tuAil the new surety shall hm,e 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 Dorf m 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 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 _ 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 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: V (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 . 29. WEATHER CONDITIONS t 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 he 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 r 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 parry 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 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) 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 "Southold Human Resource Center Concrete Curbing and Stairs" PROPOSAL PACKAGE BID OPENS: July 12, 2018 REMINDER NOTE! ! !: a 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. t Proposal Package 2 of 9 VENDOR NAME: ()tv04 P 1 VENDOR INFORMATION SHEET TYPE OF ENTITY: ORP. PARTNERSHIP INDIVIDUAL FEDERAL EMPLOYEE ID OR SOCIAL SECURITY#: DATE OF ORGANIZATION: 2 c� IF APPLICABLE: DATE FILED:, STATE FILED: 1�I If a non-publicly-owned Corporation. CORPORATION NAME: CONLV4A\ LIS RI CIPAL STOCKHOLDERS: (5% of ou tanding sh es) V LIST OFFICERS AND DIRECTORS: • NAME TITLE \ V w If a partnership: PARTNERSHIP NAME: LIST PARTNERS NAMES: Proposal Package 3 of 9 ADDRESS RECORD FORM MAIL BID TO: N �VENDORNAME: C (zy+C.b`eJ �' .1�^ c ADDRESS: Ny L k t. ), 1I 30 CONTACT: C(,v V Ca-cccit.� tire t-- �-C TELEPHONE: C-A -- ZVt 0 FAX: �G l� 1-3Z"L E-MAIL: "F!53-gj i v�► L{ 1 � •L� . G 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: VENDOR NAME: Proposal Package 4 of 9 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: L(M C 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.) Y 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 INSURANCMLSQUALIFY BIDDER. Pb-SfGNATURE 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 a 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 r 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. T. 1 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 e so i ing this bi unde the penalties of perjury, affirms the truth thereof. �h``'+' " SWORN TO BEFORE ME THIS Sign ure Company Position n(PA �(AU uAft ����c�,��l l�� 1y �Z DAY OF 20 Type Name&Company Position Company Name NOTARY PUBL C ELIZABETH A SCHOTTER Date S' ned Notary.P'ublic.•StaGe of New York Reg.No.018C6212849 Qua1ffled In Sttfllt county Fe eral'I.D.Number Caton Expires O ,20,,- J Proposal Package 6 of 9 • THE PROPOSAL FORM Southold Human Resource Center Concrete Curbing and Stairs VENDOR NAME: VENDOR ADDRESS: - U`J [ ) P_`i�J r 1136 TELEPHONE NUMBER: �� �!J 22' 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 J. Southold Human Resource Center Concrete Curbinq and Stairs 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 7/-, Demolish Existing Parking Lot Curbing&Sidewalk o 1 1 for )Cot , "���kJ /LS �(JV®• ed� � ��V" �d Dollars Cents Demolish Existing Concrete Stairs and Slabs,Metal Handrail&Wooden F nce 2 1 for seile a/�.�1.QdL-�Lee.) ��L'� �� �A� /LS /7-3cCIOf6b. w Dollars Cents Saw Cut and Remove Existing Asphalt !!99 tt ,, 3 1 ' `cJ V ('� ��U ' Cj for ltya F.lc /LS Dollars Cents Install Parking Lot Cocrete Curbing&Sidewalk// m�1 4 1 for r p 1( lou-J04, J F� vu.�,l.�.. /LSi�,.lY w � Dollars Cents Install Concrete Stairs and Slabs,Metal Handrails&Wooden Fence n I' for /`r VGtA.J�+ 1- I /L(.�4.�E-rp�I/t /LS Dollars Cents Restore Pavement with 6"of RCA and 4"of Apshalt 6 1 for �l1•dlS / 161aC�/�L�f / s/,� H,f""Yt V Dollars Cents (/ TOTAL BASE BID Items(Add All Items) I 1 _ f'C C • kof -i(J 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 TITLES t�,Pr► DATE ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF ss.: On the V2 day of in the year 2018 before me, the undersigned, personally appeared, C� , 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. NOTAR PUBLIC E ZABETH A SCHOTTER Wtwy Public,State at New York Rog.No.o1SC6212349 � 1 C19.242 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: G(A- a ` 4 W—U-"VA Corporation nership or Entity FIRM NAME:cpla(-v-jT`�' An Individual PRINCIPAL OFFICE: PRINCIPAL OFFICERS: BACKGROUND TITLE NAME ADDRESS PROFESSION/TRADE I 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? /o+- List trades that you organization normally performs below: t r'1,a � d�j? 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. )j O 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. v 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 COSI ob SID / 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 �✓lr c I i ?"?'Ll—x'61d ��;�s v /0-0 ActU Y tl 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 Cavacitv P, UPI ildulf,%Ae-l- O-L 0 9. Do you have, or can you obtain, sufficient labor and equipment to cFmmence work when required and complete the work within the Contract Time? e J 10. Bank References: �"�t'e►�•� 11. Trade Association Membership: A 12. Has your finn 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 OF0 a6 V L'C being duly sworn deposes and says that he is the of C contractor and that answer o th foregoing questions and all statements therein contained are true and correct. (Si ature o person who signed bid) Sworn to before me this day of 706018 Notary Public Commission Expiration Date: e Q-1�—'Z i EI.IZABET'H A SCHOTTER - Notary Public,State of New York Reg.No.01SC6212349 Qualified in Suffolk County Expires Odobar 13,k20 &_ay QS-4 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 Southold Human Resource Center Concrete Curbing and Stairs. 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--fafmanBond, 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 I 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 _ 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 �tiOF NE�1p Andrew M.Cuomo,Governor9,p """ �,Q' Roberta Reardon,Commissioner �E1V'T o4 Town of Southold Schedule Year 2017 through 2018 Michael Collins,Town Engineer Date Requested 06/27/2018 Town of Southold PRC# 2018007482 53095 Main Road Southold NY 11971 Location Southold Human Resource Center Project ID# Project Type Demolition and replacement of existing concrete curbing and stairs. 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 r DIVISION 1 - GENERAL REQUIREMENTS • TOWN OF SOUTHOLD SOUTHOLD HUMAN RESOURCE CENTER CONCRETE CURBING AND STAIRS 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 SOUTHOLD HUMAN RESOURCE CENTER CONCRETE CURBING AND STAIRS is located at 750 Pacific Street in Mattituck, Town of Southold, Suffolk County, New York and more particularly shown on the Contract Plans. BACKGROUND The existing Southold Human Resource Center is to be improved with new concrete curbing and stairs as specified in the contract documents. The new parking lot curbing and sidewalk shall be ADA compliant in all respects and the contractor shall notify the Town of any conflicts prior to the beginning of any work. Disturbed areas of asphalt will be restored by the Contractor with 6" of compacted NYS Specification Recycled Concrete Aggregate and 4"of asphalt pavement. 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 • Demolition and removal of existing concrete as needed or required • Saw-cutting and removal of existing asphalt as needed or required O Installation of new poured concrete ADA compliant parking lot curbing 0 Installation of new poured concrete ADA compliant sidewalk • Installation of new poured concrete stairs, slabs and curbing 0 Installation of two (2)new metal handrails serving the new concrete stairs • Demolition, removal and replacement of the existing fence as needed or required • Restoration of all disturbed asphalt areas with 6" of compacted NYS Specification Recycled Concrete Aggregate and 4" of asphalt pavement • Sealing of the interface between new and existing asphalt pavements with elastomeric sealant • 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 DIVISION 1 -Page 2 of 13 DIVISION 1 - GENERAL REQUIREMENTS • 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 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 . DIVISION 1 - Page 3 of 13 DIVISION 1 - GENERAL REQUIREMENTS other public service corporations on or adjoining the site of the work and give reasonable ' opportunity to and cooperation with the owners of these utilities in the work of reconstructing or altering them. Such reconstruction and alteration shall be so conducted as to delay or interfere as little as practicable with the work of the Contractor. Any additional cost of various items of work because of these utilities shall be included in the price bid for these items. B. The Engineer shall direct the public utility corporations to shift or remove those utility structures that may be necessary to permit the Contractor to carry out the work in accordance with the Plans. The Contractor shall not remove or cause to be removed, any structure owned by a public utility corporation without the approval of the Engineer. C. The Contractor shall cooperate with the public utility corporation whose structures (aerial, surface or subsurface) are within the limits of or along the outside of the right-of- way, to make it possible for them to maintain uninterrupted service. The Contractor shall conduct his operations in such a way as to delay or interfere as little as practicable with the work of the utility corporation. 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 , DIVISION 1 -Page 4 of 13 DIVISION 1 - GENERAL REQUIREMENTS by the Engineer. The Contract shall, within five (5) days after signing of the Contract, submit a list of proposed Subcontractors to the Engineer for approval. The list shall contain firm names, names of all principals and addresses and projects completed by each Subcontractor and names, addresses and telephone numbers of the particular project's Engineer for which the Subcontractor on the aforementioned project list must have been of similar nature. A minimum of five (5) projects for each proposed Subcontractor must be submitted. B. If for any reason a Subcontractor must be discharged from work, the Contractor shall notify the Engineer at least 24 hours prior to discharge, stating the reasons, and shall provide the Engineer with the name and qualifications of the replacement Subcontractor for approval by the Engineer. This action is deemed necessary to maintain continuity of the work and to minimize project disruptions. All costs due to slowdown of the project for such reasons shall be borne by the Contractor. STANDARD SPECIFICATIONS Where reference is made in these Specifications to a society, the portion referred to shall be read into and shall be a part of this Contract and Specifications. Materials, methods and equipment shall conform 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, bear the title: PROPOSED: PROJECT PLANS & DETAILS HUMAN RESOURCE CENTER and are labeled as Sheet SP-1 and 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. DIVISION 1 -Page 5 of 13 DIVISION 1 -GENERAL REQUIREMENTS 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) 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 a 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, telep ene sen,iee (ineludi fax fnae ine),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 ELECTRIC4TY The Eleetr-ieal Gentraetor shall be responsible for providing and paying for the temper-aFy eleetfie power-for eenstruetion to an established point proximate to the constrdetion area. The temporary sei=viee shall be installed within 30 days of the award ef the eefttfaet. The QeOtrieal GentmetE)f shall be responsible for-providing temperafy eleetfie power to all tfades, for- the duration of the prejeet, A TEMPORARY NATER SERVICE A. The Gontraeter shall provide temper-ary water- ser-viee for eenstrdetion 1—Y f eili es, fire prateetio and for-ele li B. Potable water shall be furnished for construction personnel by portable containers. G. Water- sei=viee shall be pr-oteeted ffem freezing, and the sen,ice shall be extended Felocated as neees. t Kl�" V meet L+Le11TV water fequifemefits. D. The Gontraetor shall install a metff and pa�, for a4l expenses asseeiated with temporary and fees equ7 roa for-ten + appr-ovals. F. Upon eompletion work, the Goi:Ar-aeter—shall iscopmeet-and r-emove all tempemr-y eonneetions d fi +, 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. ti DIVISION 1 - Page 9 of 13 DIVISION 1 - GENERAL REQUIREMENTS - R - 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 a • F y DIVISION 1 - 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 with 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 L 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. A END OF SECTION 01502—ENVIRONMENTAL PROTECTION F 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 r s F v 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. r 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 _ F 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. a 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 h DIVISION 3 - CONCRETE 9 ` 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 W DIVISION 3 —Page 1 of 8 DIVISION 3 - CONCRETE SECTION 03100 - CONCRETE FORM WORD 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 AM 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 J DIVISION 3 —Page 3 of 8 DIVISION 3 - CONCRETE K 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. A B. Deformations on deformed bars shall conform with SPECIFICATIONS FOR DEFORMATIONS OF DEFORMED STEEL BARS FOR CONCRETE REINFORCEMENT,y 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 Y DIVISION 3 —Page 4 of 8 DIVISION 3 - CONCRETE Y ' 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 c 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. L 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. s 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 y DIVISION 3 —Page 6 of 8 1 DIVISION 3 - CONCRETE R 0 �' • 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 If 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. m F c DIVISION 3 —Page 7 of 8 DIVISION 3 -CONCRETE a a 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 d c� 0 DIVISION 3 —Page 8 of 8 t BID BOND (Percentage) Bond No. 63721024 KNOW ALL PERSONS BY THESE PRESENTS, That we Concrete Plus Inc. of_132 Keswick Drive, East Islip, NY 11730 WESTERN SURETY COMPANY hereinafter referred to as the Principal, and as Surety, are held and firmly bound unto Town of Southold 101 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 Southold Human Resources Center Concrete Curbing and -Stairs 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 12th day of July 2018 Principal Concrete us Inc. BY: EL1zABETH A SCHOTTER Surety Notary Public,State of New York Rag.No.01 SC6212349 Quakfl®d in Sufbk Com+ WEST N SURETY COMPANY ;'GORpOf) Corrmisa Expires October 13 2d1,t . moo.. James David Cotgreave,Attorney-in-Fact Form F4595-8-2001 t Western Surety Company POWER OF ATTORNEY- CERTIFIED COPY Bond No. 63721024 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 attoniey(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.63721024 is not issued on or before midnight of October 10th, 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 corpo'4ra��jApfij to be affixed this 12th day of July 2018 ............yC4ai WES) SUR Y COMPANY go �® S E O S U Y�J OVA ss Paul T ruflat,Vice President CI MIIJ ` On tt 461110ui 'l day of July in the year 2018 before me,a notary public,personally appeared 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. h4�shyhyy5�ay465�i�s�+h'ah�i5hh+ X J. MOHR s ANOTARY PUBLIC �� s SOUTH DAKOTA SEAL s Notary Public-South Dakota s 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 Attorney is now in force. In testimony whereof,I have hereunto set my hand and seal of Western Surety Company this 12th day of July 2018 WES E SULRYq3Y COMPANY Paul T ruflat,Vice President To validate bond authenticity,go to www.enasurety.com >Owner/Obligee Services>Validate Bond Coverage. Form F5306-10-2017 i i , ® DATE(MM/DD/YYYY) Aeb o CERTIFICATE OF LIABILITY INSURANCE 1 07/1 112 01 8 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If�SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does'not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Kristin North NAME: Cotgreave Insurance Agency,Inc. A/C No Ext: (631)981-5400 (FAX,/ No: (631)981-5448 558 Portion Rd. -MAIL ADDRESS: knorth@get-insured com INSURER(S)AFFORDING COVERAGE NAIC q Ronkonkoma NY 11779 INSURER A: Utica National Assurance Compa 10687 INSURED INSURER B: Utica Mutual Insurance CO 25976 Concrete Plus,Inc INSURER C: ACE American Insurance Company � 132 Keswick Drive INSURER D: Guardian Life Insurance Co j PO Box 155 INSURER E East Islip NY 11730 INSURER F: COVERAGES CERTIFICATE NUMBER: 17-18 GL BA UMB 18-19 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS IEFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DDPOLICY/YYYY MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE a OCCUR PREMISES Ea occurrence $ 100,000 MED EXP(Any one person) $ 5,000 A 4453965 07/28/2017 07/28/2018 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 X POLICY❑JE� LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED 4144478 08/13/2017 08/13/2018 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 C EXCESS LIAB CLAIMS-MADE N10909557002 07/28/2017 07/28/2018 AGGREGATE $ 5,000,000 DED I X RETENTION$ 10,000 $ WORKERS COMPENSATIONPER OTH- AND EMPLOYERS'LIABILITY Y/N X STATUTE ER 1,000,000 A ANYCERIMEMBEREXCLUER/EXECUTIVE ❑ NIA 5056651 05129!2018 05/29/2019 EL EACH ACCIDENT $ O(Mandatory In NH) EXCLUDED? 1,000,000 (Mandatory in NH) E L DISEASE-EA EMPLOYEE $ If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $ NEW YORK STATE DISABILITY D BENEFITS 009271110000 01/01/2018 01/01/2019 STATUTORY DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re Southold Human Resource Center Concrete Curbing and Stairs CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Town Of Southold Town Clerks Office ACCORDANCE WITH THE POLICY PROVISIONS. 53095 Main Road AUTHORIZED REPRESENTATIVE Southold NY 11971 01988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD A 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 Southold Human Resource Center Concrete Curbing and Stairs. 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 12th day of July 2018 CARf E MELENCE INC. ( in ipal) (Seal) ✓h, (wit ess) (Title) Donald J. O'Hanlo President Internatiprol Ffilelitv Insurance Company ! (Sure (Seal) Aftness) I V (Title) mund . Bergas ,Attorney-in-Fact � e e ACKNOWLEDGEMENT OF PRINCIPAL,IF A CORPORATION STATE OF NEW YORK )ss: COUNTY OF SUFFOLK ) On the 12th day of July in the year 2018 ,before me personally came Donald J. 0Hanlon 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/she signed her/his name thereto by order of the Board of Directors of said corporation. Mary C.micitn© Notary rn.*:c, Sudo c'r t; ;r York Notary Publicf'o., e 7 Qualifd•ac isSu;F�:'; Ccs T! C®�amissioi Expires 0311ll::-D 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 tome 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 0 9 ACKNOWLEDGEMENT OF SURETY STATE OF NEW YORK ) COUNTY OF WESTCBESTER)ss; On the 12th day of July 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 Pub is '-Walmll PATRICIA A MALONEY Notary Public,State of New York No.01 MA6154561 Qualified in Westchester County .Commission Expires October 23,201$ s e w i� INTERNATIONAL FIDELITY INSURANCE COMPANY ONE NEWARK CENTER,20TH FLOOR,NEWARK,NEW JERSEY 07102-5207 STATEMENT OF ASSETS,LIABILITIES,SURPLUS AND OTHER FUNDS AT DECEMBER 31,2017 ASSETS Bonds(Amortized Value) .. . .. . .. . .. . . . . . .. .. . ... .. . . ... ... . . . $129,146,944 Common Stocks(Market Value) .. . . . ... . .. ... . ... ... .. . . . .. ... . 35,217,707 Mortgage Loans on Real Estate .. .. . ... . .. . .. . ... ... . . . .... . .. . . 354,803 Cash,Bank Deposits&Short Term Investments .. .. . ... .. . . .. . ... . . . 19,878,873 Unpaid Premiums&Assumed Balances .. .. . . .. .. . . ... . . . . .. ... . . 9,751,860 Reinsurance Recoverable from Reinsurers . . ... . . ... . . ... .. . . . . .. . . (115,529) Electronic Data Processing Equipment.. .. . . .. . . .. . . . . .... . . .. .. . . 138,265 Investment Income Due and Accrued .. ... . .. . . .. .. . . .. .. . .. . .. . . 918,427 Net Deferred Tax Assets .. ... . . . . ... . .. ... . .. . . .. ..... . . . . .. . 2,545,704 Receivables from Parent,Subsidiaries&Affiliates .. ..... . . ... . . . . .. . 37,109 Other Assets . . .. . . . . .. . . ... .. . .. . .. . ... . .. . .. . . .. ... .. .. . . 21,934,273 TOTAL ASSETS . . ... . .. . . . . .. . ... . . . . .. .... . .. ... . $219,808,436 LIABILITIES.SURPLUS&OTHER FUNDS Losses(Reported Losses Net as to Reinsurance Ceded and Incurred But Not Reported Losses) . .. .. . . . .... .. . . . . .. . . . . ... . .. $5,279,222 Reinsurance Payable on Paid Losses and Loss Adjustment Expenses .. .. . . 1,078,655 Loss Adjustment Expenses .. . . ... . .. .. .. . .. . .. . . .. .. . . . .. .. . . . 3,559,438 Commissions Payable,Contingent Commissions&Other Similar Charges .. 1,386,906 Other Expenses(Excluding Taxes,Licenses and Fees) .. .. . . .. . .. . . .. . . 6,393,991 Taxes,Licenses&Fees(Excluding Federal Income Tax) .. ... . .. .. . .. . . 282,722 Current Federal and Foreign Income Taxes .. ... ... . ... . .. ... .. .. . . 58,761 Unearned Premiums ... .. . . : ..... .. . .. ... ... . ... . . . . ... . .... 36,204,847 Dividends Declared&Unpaid:Policyholders&Stockholders .. . .... . .. . 1,294,389 Ceded Reinsurance Premiums Payable .... . ... .... . .... . . .... .... 2,089,984 Funds Held by Company under Reinsurance Treaties. . . .... . . . .. . .. .. 1,031 Amounts Withheld by Company for Account of Others . . ... .. . . ... ... 60,144,796 Provision for Reinsurance. . ... .. . . ... .. . . .. ... ... . .. . . . . ... ... 72,386 Payable to Parent,Subsidiaries and Affiliates. . .. . ... ...... . . .. ..... 57,862 Other Liabilities .. . .. . . . . ... .. . .. . ... . .... .. .. . . .. . . . ... . .. 7,654,547 TOTAL LIABILITIES ... . . ... . .. . ... .. . . .. ... .... —3125-5-59.537 Common Capital Stock.. .. . ... . .. .... . .. . .. .. . . ... .. . . .. ... .. $1,500,000 Gross Paid-in&Contributed Surplus. . . . . . ... . .. . . . .. . ... .. . . ... . 374,600 Surplus Notes . . .. . .. .. . .. . . .. .. . . . .. . . .. . . . .. .. ....... . . 16,000,000 Unassigned Funds(Surplus) .. ... . .. . .. . ... ... . . . . . . .. . . .. . .. . . 76,879,289 Less:Treasury Stock at cost(21,904 shares common)(value mcl.$45.) . . . .. 504,990 Surplus as Regards Policyholders .. . . . .. . . .. . ... . . . . $94,248,899 TOTAL LIABILITIES,SURPLUS&OTHER FUNDS. .. .. . $219.808.436 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 31,2017, 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. �pE�11Y INSG IN TESTIMONY WHEREOF,I have set my hand and affixed the i ��r��y, seal of the Company,this 23rd day of February,2018. a y tsoa� o INTERNATIONAL FIDELITY INSURANCE COMPANY yy``�YIER`' aal` 1�,�.`br� ��Z�� .d�9v.���E���=—:���r;3c z�j?;�-'�7�?IA�^a�S�:`4*�� ✓�� '``f��.(�,.3`r• i � 7�aE c t�� _� "fr tc_ y ` y ��, vt } ¢ h7d �I G � b?� S f Q� �1,rTTR, : P : G . � i f, " '1 I 'ti' a� {•}If,� .lig=9 Y ♦ k+r`d,�.1;1'^,\,rt :t> r�'' ,� "'� ,�.L -t`f \k r •3` � •„t',.,�u ✓ ,'lti n,.i -Cti 7"T", 4 %f .:jP HCl :':ti _ t' t •;�< ltill�.� c c>� ,C , a' �,...t. �'tr a...!rti�3• t� `', { Yfrii'S„�,y . C\ 2• i °, l'. t 1 d1F 1R[TEft�JA i3ONALG�l"�bEL IT-' cji�S�J,RANd dbM l ,; �:. J _ )1 ' , li =;VtiJ1Y11HN;ts` i?•L a1s i ` ,<i r!f '•ALLEGI�IENYGASI"JAI:T�Y'��011lIPAN1�'� : . ONE NEWARK CENTER, 20TH f i=L-OOR'NEWARK;NEIN'JERSEY 07102-5207 KNOW ALL MEN BY tHESE PRESENTS; That INTERNATIONAL.FIDELITY'INSUikANCE COMPANY,a corporation organized and existing under the laws of the-State of New Jersey, and ALLEGHENY CASUALTY COMPANY•a corporation organized and existing under the laws of the Slate of NOW Jersey,having their principal office in the City of Newark,New Jersey,do hereby constitute and appoint EDMUND J:BERGASSI New Rochelle, NY. their true and lawful attomey(s)-in-fact to execute,seat and deliver for and on its behalf as surety,any and all bonds and undertakings,contracts of indemnity and other writings obligatory.in the nature thereof, which are or may be allowed,required or:permitted by law,statute,rule,re ulation,contract or.otherwise- and the execution-of such instruments) in pursuance.of these presents,shall be as binding upon the said INTERNATIONAL FIDELITY,INSURANCE _ COMPANY,and 'ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes,as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed,and may be revoked, pursuant to and by author itly of the By Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and i$granted under and by authortity Of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE,COMPANY at a meeting duly held on,the 20th day of'July,2010 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15th day of August,2000: "RESOLVED,that (1)the President,Vice President,Chief Executive Officer or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of,AAttorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney,and to execute on behalf of the-Corporation and affix the Corporation's seal thereto,bonds;'underta-kings, recognizances contracts of indemnity and other written obligations in the nature thereof or related thereto; and(2)any such Officers of the Corporation pp may appoint-and revoke the aointments of joint-control custodians,aggants for acceptance of process,and Attomeys-in=fact with authority to,execute waivers and,consents br behalf of the Corporation;and f3)the signature of any such Officer of the Corporation and the Corporation's seal'may be affixed by facsimile to any power of attorney or certification given ffor the execution Of any bond,undertaking,recognizance, contract of indemnity or other written obliggation in the nature thereof or related thereto,such siggnature and seals when so used whether heretofore or hereafter, being hereby adon#ed by the Corporation as the original signature of such officer and�the original`seal of-the Corporabon,.to be valid and binding upon the Corporation with tthhe same force)and effect as though manually affixed." INWITNESSWHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and,ALLEGHENY CASUALTY COMPANY haveeach executed and attested these presents on this 31'st day of December,2016. STATE OF NEW JERSEY a�cASUALry0 County of Essex 0 1 � t „ �..= '1936 z, ROBERT W.MINSTER Chlef Executive-Officer'(International Fdeiityy- Hwy�ERgEt ; Insurance Company)and President(Allegheny t Casualty Company) On this 31st day of December 2016,before me came the individual who'executed the preceding instrument,to me personally known,and,being by me duly sworn, said he is the therein described and authorized officer:of INTERNA'T'IONAL FIDELITY INSURANCE COMPANY and ALLEGHENY:CASUACTY, COMPANY: that the seals affixed to said instrument are the Corporate Seals of said Companies;that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. IN TESTIMONY WHEREOF, I have hereunto set m hand affixed my Official!Sea], at the City of Newark,New Jersey the day and year first above written. �}ty cR% •r�gstoN•.� !e7� NOTARY . + :r ars• I C tit• �./ =� PUOLIC y� u'�'•• �v A NOTARY PUBLIC OF NEW JERSEY My Commission Expires April 16,2019 �"''.FOfi NEW��.+` ��'t'ttf t,�f,110"I CERTIFICATION I,the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that l have compared the foregoing copy of the power of Attorney and affidaGif,and(46-660j of the Sections of the By-Caws of said Companies as set forth in said- Power of Attorney, with the originals on file in the home office`of said companies, and that the'same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto'sel my hand this 1.2th day,-of' ; July, 2018 ,4. - r'; s•`• ti'l�,"('•`•'��G.��•i':`\ ti✓i r`✓�^tv,>ti%'�'-�:F-',��4 _as' .a"oY y+ 'z"� -f� • `'�.t,-��!.— ''� ,y' 'G - �f:,y a ' , ��"� ` 'ti1c 3_ j'.%� S.y �'t,� �•= 4ftfit:" .•r..,t -- aY.,"-� f, ;lL.>�li,(r' "1:5,'xf�;: _ �`�=-� "&il�.: t. ';f `;:�?';J1�-`� �7ts>`�;i ,LAS'`(�v�• � /r:;'FMARtfLBRAfVCCS�p��tst2rhSecr?tary •�,: �,1, ��;� i t,:t��ssx`w,•p�� ,f'�'%,s! ` ,.,(`-A.- .?r',`a4� �t t•�;1 .S; lyJ�.'}'Cf:�7"la',� � y aa; -f'��et•� ."'f�� '`t�� •,a;.,t�; �r �{„ i ( `e5,-�'f j�`Y •i1;9 \`'�4i; -+31_x• ;.1� ,?,•',.}%``,L'`�:a`� �e-��i� �' �a `/v.�t 7��,�G� Q•� �;i -•5( !:'Y?�;' J �,it. �l 'R:*. ��^� � a�s - ;a!` {,; �r ti, l f 1 q,�; i ,1 —ti {- ?!' .v fC i �''L. f �IF 9J> i 1y� a.,..c `)�,: ,J :,/.,•.c � , t Y' .`ti i vt"\T „-;ar S'': !F. f" .4-; `�- ,t `x•':E"•�� , .tij��.•�;=�`1."k3 '�^�3� ��}ty� L C I jti,:4 Y iZ�'��.�=�'s�uf✓`��:� �.`i�l��'�\V3s�-i'1�'�� •'�':(F'-��!J`+CS<�'.}'�y �. �,�h ��.lf�s�'��•t1 '����r�` 't` �'��r�c�-?,.• `J' �C, �� �3'Ca s t �' .�r, c�� 1�:» �� �t <k y`c�:�i':Ii,a'�.`-...rlt�c'' �cC-..,,d1r. saa:al��.=iC}u''i.�ai�•-,>�„dT�.�`' 'r��1�'G:.. �,'y�•w.,�` �- Carter-Melence, Inc. TOWN OF SOUTHOLD SOUTHOLD HUMAN RESOURCE CENTER -CONCRETE CURBING AND STAIRS CONSTRUCTION SPECIFICATIONS SOUTHOLD, SUFFOLK COUNTY,NEW YORK nit M i Prepared By: TOWN OF SOUTHOLD Engineering Department 53095 Main Road Southold,New York 11971 June 28, 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: "SOUTHOLD HUMAN RESOURCE CENTER CONCRETE CURBING AND STAIRS" Definite specifications may be obtained at the Southold Town Clerk's Office beginning June 28,2018 PLACE OF OPENINGS: DATE OF OPENINGS: TIME OF OPENINGS: TOWN OF SOUTHOLD July 12,2018 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. Y A non-refundable fee of$10.00 will be charged for plans and specifications. Payment can be made by either money order, cash or business check(payable to the Town of Southold). A non-mandatory pre-bidder's conference will be held at 2:OOPM on July 3, 2018 at the site located at 750 Pacific 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 SOUTHOLD HUMAN RESOURCE CENTER CONCRETE CURBING AND STAIRS V Title Page ------ Invitation to Bid ------ Table of Contents ------ Instructions to Bidders IB-1 thru IB-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-I thru A-3 NYS Wage Rates ------ Technical Specifications Divisions 1-3 Contract Drawings V r INSTRUCTIONS TO BIDDERS 0 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 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 Y IB - 1 INSTRUCTIONS TO BIDDERS L RECEIPT AND OPENING OF BIDS The Town of Southold invites bids on the forms herein provided for the Southold Human Resource Center Concrete Curbing and Stairs at 750 Pacific 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, July 121h 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 appr-ovalofthe Pei=fermanee Bond and until the completion of ten percent(10%) of the work under the Contract. IB -2 - INSTRUCTIONS TO BIDDERS (b) The successful bidder, upon his failure or refusal to execute and deliver the Contract and l�0- s-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. (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 113 - 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. i (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. Y 8. SECURITY FOR FMTHFUL PERFORMANCE AND MAINTENANCE The sueeessful bidder- shall be required to exeeute a Petfefmanee Bond equal to one hundred pereent 0 ) of the amount bid-, sueh bonds to be exeouted by a New York licensed insufaneeearrier4urety company with an A fating of bettef ffem A.M. Best & Go. and acceptable to .. Ovffiefi Bond shall be vffitten so as to remain in fall force and eff-eet as a maipAenanee befid for- a pe of not loss than one (1)�o .,ft' .-ethe date of find a work.ept of the v The sueeessful bA idder,upon failufe to e�EeetAe and deliver-the bonds requir-edxA4thin ten(10) days award,after the date of notiee of shall ferf�it to the f refusal,the secufity deposited with his 7 demand, and he will be liable for-and he agrees to pay to thOwner- an the differ-ence between the price bid and the priee for which such eontfae4shall subsequepAly be r-e let ineluding the eost of sueh r-e letting less the amou-PA of such depo } No plea of mistake in sueh aeeepted bid shall be available to the bidder- for- r-eeovet-y of deposit or- as a defense to any aetion upon aceepted bid upAess said mistake ean be pr-ovell by doeumentafy€videnee aEoeptabl€to the-Tovm After approval of the bonds and emeoution of the GopAr-aet and aftef ten (10) pemepA of the work has been . pleto.l9 the bid s0 r:t y a g the bid will be returned. IB -4 INSTRUCTIONS TO BIDDERS 9. BID RESERVATIONS Bids submitted shall remain in effect for flirty-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 faked 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. IB - 6 ' STANDARD INSURANCE REQUIREMENTS TOWN OF SOUTHOLD CONTRACT INSURANCE REQUIREMENTS _ Y 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, $1,000,000 General Aggregate. This insurance must fully cover the legal liability of the specific farm owner, as Owner, NAMING THE FARM OWNER AND TOWN OF SOUTHOLD AS INSURED. The contractor shall furnish the Town with the original insurance policy. ADDITIONAL CONDITIONS OF INSURANCE: 1. Contractor/vendor shall submit copies of any or all required insurance policies as and when requested by the Town. 2. If any of the contractor's/vendor's policies of insurance are cancelled or not renewed during the life of the contract, immediate notice of cancellation of non-renewal shall be delivered to the Town no less than 10 days prior to the date and time-of cancellation or non-renewal. CERTIFICATE OF INSURANCE: The contractor/vendor shall file with the Town of Southold prior to commencing work under this contract, a certificate of insurance. 1. Certificate of insurance shall include: A. Name and address of insured B. Issue date of certificate C. Insurance company name D. Type of coverage in effect E. Policy number F. Inception and expiration dates of policies included G. Limits of liability for all policies on certificate. included on certificate SIR- 2 STANDARD INSURANCE REQUIREMENTS Descxi'�"t�oriof^o��eratons�lo_catons/etc:Box-:rriust��include'zth sta em ,..,�^ ;;:,, 't THE_T.`t�Ul%N.O.F�SOUTH..t>'LD''I;S=CISTED�ASAfADDITIO'NALINS.U,REDi: t .: r<} CERTIEI.GATEH.OLDER.S'FAUl BE:zLISTED '':; �;� 's� „,a. r+.j q� £' ! :t .,.5':i;: .Xs�y,� cam':,�•, 6P"ataF�..,,t�FS.,:n,VY:i;f`.-.t���-."�:'.�- -.,.r��_`'�.�.f\_,E�.�').1.:J♦;.tf'".f'<>^,�' .i1a'S-��._<��:t_..">TF.,y;..>vtG`i..L�'..'«:i.�.,J..S3OG0 ii ------ U 7:''. UHO `NOl•}YAF.r,`..:D.j�1^..1A..,.,9:�r7.+#y1! :�T�.'a..'ti1''.i'Y rid��a:�:s�._..:t�.,e,,��_.,:,.v:.�:+-;;,.$..,iY.,r:i.��ri.,.°,�';"�_.i.+,raa�f...,tX.�r.s��e�iry.:',�:�.:>',a�t.""' �..-,`i%l+.f.l atY- Vitc. 'Y - 'i..X Iv�s.S`s"_i-.:� �°''�i �'£` - :k' ey.^'+':.Y_ M;syr•:'-ei YRS.. '�; �;0,..:.'i:... .i �s;:...u:«$:i....,,.......,,''..,:.'L:.w.L:.,..,�.:i�..,__.,..''�.`?t»,'R:.�...,..::...,F"._._ .�..i::.�$uz.:....,.•„c>T'�".._....ev:..s�i`,:w:jzw'i'.=:.,..s_>...._,..�s..�...�«:�.,.:w.i,'�.id.�.._:�_,...r:xF.�S..u:..:.. ..:......_..:,":s,.......-,.,,....,.c..a i 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 Office&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 perfonned 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 Connnittee (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 of the eenixactor's pei:fermanee bend in lieu of the Contraetor-s read opening bond shall. be .,t the option of the Highway Tlepa h, e t_ 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, of 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 OFFI49" TOILET• The Goat,.,,,tor- shall p :aa . o ffiee trailer- for, by the to�Am and its repr-esepAatives. The trailer shall be elifliate eentr-elled and have a elean plan table—desk—and ehair proceed insides--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 clements 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 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 deterioration of the work during the time it is closed. 25. FINAL SITE CLEARING: Before final payment will be approved, the Contractor shall a prepare the construction areas as follows: All basins, manholes and pipe as constructed shall be cleaned free from accumulated construction dirt, silt, form work, etc., and all proper restoration as called for in the items of the Specifications shall be complete in every detail. The Contractor shall clean all construction areas free from accumulated forms, excavation fill, construction materials and construction shanties. All areas shall be completed in every detail and shall be broom cleaned from excess dirt and materials. GC - 10 GENERAL CONDITIONS 26. PROTECTION OF LAND MARKERS, TREES, SHRUBS, AND PROPERTY: Wherever in the conduct of the work, a monument marking a point of public or private survey is encountered or brought to view by excavation, the fact shall at once be communicated to the Engineer. In no case shall the Contractor remove the same until the location for resetting shall have been made by the Engineer. All monuments or land markings exposed to view when the work is first undertaken shall be carefully preserved and the greatest care exercised to prevent injury to or disturbance of position of the same. • The unit price of all items shall include the cost of restoring to its former condition any sidewalks or curbs, as well as restoring any trees, shrubs or lawns that may be damaged during this construction. No additional payment will be made. The Contractor is required at his own expense to obtain any and all permits for use of private property if he uses such property for storage, transportation or accomplishment of the work under the Contract. Private property shall be cleaned up neatly, any damage repaired and premises restored to their original condition. 27. PROTECTION OF UTILITIES: The Contractor shall familiarize himself with the existence of structures of municipal and other public service corporations on or adjoining the site of the work, and give reasonable opportunity to and cooperation with the owners of these utilities in the work of reconstructing or altering them. Such reconstruction and alteration shall be so conducted as to delay or interfere as little as practicable with the work of the Contractor. Any additional cost of various items of work because of these utilities shall be included in the price bid for these items. The Engineer shall direct the public utility corporations to shift or remove those utility structures that maybe 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 i0. Cantraet Seetifity 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 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 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 pr- i the peffamianee bond of the Centraeto 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 SIXTY (60) 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. S. 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. in. CONTRACT CT cr,C- TJTY (a) The GopAraetor- shall fimiish a Per-Bmmanee Bond, or other- aeoeptable seourity, equal to one 0 ) of the amount of the bid as seeurity for the faig"! peffenna-flee of-the Gentr-aet, and for- the paymepA of all per-sons per-fianning labor or- fumishing materials M conneetien with t�As Gentraet. The Per-fefmaRee Bond shall be Yffitten so as to remain in full force and effect as a maintenanee bond fef a period of not less than one (1) year after-the dat&-af uii.Z. CC -4 CONDITIONS OF CONTRACT if at at*,time the Ovvmer shall be or-beeeme dissatisfied with (b) Additional or- SubsfiWte Bond. any stffety or sureties, or-if for- aay other-reason sueh bond shall eease to be adequate seettri" the Owner-, the Gei#faetor- shall within five (5) days after- notice ffom the Ovmer to do so, substitute an aeoeptable bond in sueh fafm and stffn and signed by such other- surety as may - -1 satisfiietery to the Ovmen The i sueh bonds shall be made until the fiew sur-ety sha-11 have boo., 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 finnish 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(4 6)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^ the" 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 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 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 devicesmaintained 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 PeF f r"'"nee 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 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) 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 ' Carter-Melence, Inc. Town of Southold "Southold Human Resource Center Concrete Curbing and Stairs" PROPOSAL PACKAGE BID OPENS: July 12, 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. • t • Proposal Package 2 of 9 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 ............................0 N N E N 0................■t 0 x x N E 0......................■ If a partnership: PARTNERSHIP NAME: LIST PARTNERS NAMES: - Proposal Package 3 of 9 ADDRESS RECORD FORM MAIL BID TO: VENDORNAME: Carter-Melence, Inc. ADDRESS: P.O. Box 907 Sound Beach, NY 11789 CONTACT: Donald J. O'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: VENDOR NAME: Carter-Melence, Inc. Proposal Package 4 of 9 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: n/a 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 ❑X Insurance Certificate filed on DATE FAILURE TO PROVIDE SPECIFIED INSURANCE SHALL DISQUALI Y BIDDER. 0"au, L — AUTHORIZED AGNATURE 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 a 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 thishe penalties of perjury, affirms the truth thereof. J g> bi , un er tSWORN TO BEFORE ME THIS Signat e&Company Position It July Donald J. O'Hanlon, President 12th DAY OF 2018 Type Name&Company Position Carter—Melence, Inc. ,- Company Name NOTARY PUBLIC July 12, 2018 f— Mary C.michne Date Signed Notary Pabir'sc,state of mavr York 6,'o.4970717 11-2996299 ,1,a!itieC; i Federal I.D.Number Coy vnrccron Ls piros 0S.11,11A00 Proposal Package 6 of 9 THE PROPOSAL FORM Southold Human Resource Center Concrete Curbing and Stairs VENDOR NAME: Carter-Melence, Inc. VENDOR ADDRESS: P.O. Box 907 Sound Beach, NY 11789 TELEPHONE NUMBER: (631) 744-0127 FAX: (631) 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 Carter-Melence, Inc. Southold Human Resource Center Concrete Curbing and Stairs 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 Parking Lot Curbing&Sidewalk 1 1 for Five Thousand Nine Hundred SLS "5,900 00 5,900 00 Dollars & No Cents Demolish Existing Concrete Stairs and Slabs,Metal Handrail&Wooden Fence 2 1 for Four Thousand Two Hundred Fifty Five SLS 4,255 00 4,255 00 Dollars & No Cents Saw Cut and Remove Existing Asphalt 3 1 for Four Thousand Eight Hundred Sixty Six SLS 4,866 00 4,866 00 Dollars & No Cents Install Parking Lot Concrete Curbing&Sidewalk 4 1 for Nineteen Thousand Four Hundred /LS 19,400 00 19,400 00 Dollars & No Cents Install Concrete Stairs and Slabs,Metal Handrails&Wooden Fence 5 1 for Nineteen Thousand SLS 19,000 00 19,000 00 Dollars & Nn Cents Restore Pavement with 6"of RCA and 4"of Apshalt 6 1 for Four Thousand SLS 4,000 00 4,000 00 Dollars & No Cents TOTAL BASE BID Items(Add All Items) Fifty Seven Thousand 'Four Hundred Twenty One Dollars & No Cents $57,421.00 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 -Dold' J. O'Hanlon TITLE President DATE July 12, 2018 ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF SUFFOLK ) ss.: On the 12th day of July 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(&-) is (a-pe) subscribed to the within instrument and acknowledged to me that he/shgAhqy executed the same in hishter*te}r capacity(ies), and that by his/heh4wir-signature(s) on the instrument, the individual(-s), or the person upon behalf of which the individual(s) acted, executed the instrument. N6TAjkY PUBLIC Mary C.Michne Wotary i ubFic,State of Ela%vYork Ho.4978717 Qualified in Eufifonc county Cou mlesion Expires 03/11/,2 o/q 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. 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 Com Tete Completion Windswept Building Rehabilitation,Plumbing $287,255:00 9900 07/18 Mechanical $193,000.00 99% 07/18 Electrical $327,400.00 99% 07/18 (631)583-5940 Village of Ocean Beach (631)286-8668 L.K.McLean Associates,P.C. New Ferry Terminal,Plumbing $554,000.00 75% 12/18 (631)583-5940 Village of Ocean Beach (631)286-8668 L.K.McLean Associates,P.C. New Storage Garage&Site Work $1,353,096.00 70%, 10/18 (631)765-3385 Southold Fire District (631)727-5352 Martin F. Sendlewski,Architect,P.C. Correctional Fac.Storage Buildings,Plumbing $198,783.00 54% 12/18 (631)852-4239 Suffolk County DPW;(631)286-8668 L.K.McLean Associates,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 ADA Access Doors&Ramp,Town of Southold $42,090.00 06/29/18 (631)765-1800 Southold Town Engineering (631)765-1560 East Hampton Police Booking Area&'Jail Improve. $127,900.00 05/02/18 (631)324-4150 D.B.Bennett,P.E.,P.C. (631)901-0023 Hwy.Dept.Metal Storage Bldg.,Town of 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 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 President 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. a (Si ature of person who s' ned bid) D nald J. O'Hanlon, President - Sworn to before me this 12th day of July,2018 Notary Public Commission Expiratio Date: 03/11/2019 r__ Mary C.michne t:9®tarp f�� iic, Sfat3 or movsYork No.,°78797 QualMed in Surio": Cour-W Con micsison Expires 03/1ll po A QS-4 CARTER-MELENCE, INC. BALANCESBEET 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 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 Southold Human Resource Center Concrete Curbing and Stairs. 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 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 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 s �P�OF NEl{.�0� Andrew M.Cuomo,Governor Y,p `""'°" yQ' Roberta Reardon,Commissioner Town of Southold Schedule Year 2017 through 2018 Michael Collins, Town Engineer Date Requested 06/27/2018 Town of Southold PRC# 2018007482 53095 Main Road Southold NY 11971 Location Southold Human Resource Center Project ID# Project Type Demolition and replacement of existing concrete curbing and stairs. 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.Iabor.state.ny.us PW 200 PWAsk@labor.state.ny.us r DIVISION 1 -GENERAL REQUIREMENTS TOWN OF SOUTHOLD SOUTHOLD HUMAN RESOURCE CENTER CONCRETE CURBING AND STAIRS 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 SOUTHOLD HUMAN RESOURCE CENTER CONCRETE CURBING AND STAIRS is located at 750 Pacific Street in Mattituck, Town of Southold, Suffolk County, New York and more particularly shown on the Contract Plans. BACKGROUND The existing Southold Human Resource Center is to be improved with new concrete curbing and stairs as specified in the contract documents. The new parking lot curbing and sidewalk shall be ADA compliant in all respects and the contractor shall notify the Town of any conflicts prior to the beginning of any work. Disturbed areas of asphalt will be restored by the Contractor with 6" of compacted NYS Specification Recycled Concrete Aggregate and 4" of asphalt pavement. 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: a Environmental protection of all existing site conditions and utilities • Demolition and removal of existing concrete as needed or required • Saw-cutting and removal of existing asphalt as needed or required • Installation of new poured concrete ADA compliant parking lot curbing • Installation of new poured concrete ADA compliant sidewalk • Installation of new poured concrete stairs, slabs and curbing • Installation of two (2)new metal handrails serving the new concrete stairs • Demolition, removal and replacement of the existing fence as needed or required • Restoration of all disturbed asphalt areas with 6" of compacted NYS Specification Recycled Concrete Aggregate and 4" of asphalt pavement • Sealing of the interface between new and existing asphalt pavements with elastomeric sealant • 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 DIVISION 1 -Page 2 of 13 DIVISION 1 - GENERAL REQUIREMENTS 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 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 DIVISION 1 - Page 3 of 13 DIVISION 1 - GENERAL REQUIREMENTS other public service corporations on or adjoining the site of the work and give reasonable opportunity to and cooperation with the owners of these utilities in the work of reconstructing or altering them. Such reconstruction and alteration shall be so conducted as to delay or interfere as little as practicable with the work of the Contractor. Any additional cost of various items of work because of these utilities shall be included in the price bid for these items. B. The Engineer shall direct the public utility corporations to shift or remove those utility structures that may be necessary to permit the Contractor to carry out the work in accordance with the Plans. The Contractor shall not remove or cause to be removed, any structure owned by a public utility corporation without the approval of the Engineer. C. The Contractor shall cooperate with the public utility corporation whose structures (aerial, surface or subsurface) are within the limits of or along the outside of the right- of- way, to make it possible for them to maintain uninterrupted service. The Contractor shall conduct his operations in such a way as to delay or interfere as little as practicable with the work of the utility corporation. 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 DIVISION 1 -Page 4 of 13 DIVISION I - GENERAL REQUIREMENTS by the Engineer. The Contract shall, within five (5) days after signing of the Contract, submit a list of proposed Subcontractors to the Engineer for approval. The list shall contain firm names, names of all principals and addresses and projects completed by each Subcontractor and names, addresses and telephone numbers of the particular project's Engineer for which the Subcontractor on the aforementioned project list must have been of similar nature. A minimum of five (5) projects for each proposed Subcontractor must be submitted. B. If for any reason a Subcontractor must be discharged from work, the Contractor shall notify the Engineer at least 24 hours prior to discharge, stating the reasons, and shall provide the Engineer with the name and qualifications of the replacement Subcontractor for approval by the Engineer. This action is deemed necessary to maintain continuity of the work and to minimize project disruptions. All costs due to slowdown of the project for such reasons shall be borne by the Contractor. STANDARD SPECIFICATIONS Where reference is made in these Specifications to a society,the portion referred to shall be read into and shall be a part of this Contract and Specifications. Materials; methods and equipment shall conform 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,bear the title: PROPOSED: PROJECT PLANS & DETAILS HUMAN RESOURCE CENTER and are labeled as Sheet SP-1 and Sheet A-l. 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. DIVISION 1 -Page 5 of 13 DIVISION 1 - GENERAL REQUIREMENTS 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) 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, 11lJU+, Y�L+11L11L1L1+'� +• „, telephone e (ifieludia heat, fm maebine)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 ELECTRJC4T-Y The Eleetrieal CepAfaeter-shall be responsible for providing and paying for the temporary eleetrie power for-eenstfuetien to an established poiPA proximate to the constme4ion area. The tempemry shall be installed within 30 days of the award of the eofttr-ac4. The Elee-4ieal Cofitxaetof shall be responsible for-providing tempor-ai=y eleetr-ie power- to all tfades, for-the dufation of th-e TEMPORARY WATER SERVICE facilities, r;rv�protection and rVnfGZ L�RIT�. B. Potable water shall be furnished for construction personnel by portable containers. G. Weler- serviee shall be preteeted from 4-eezing, and the sei=viee shall be extended and rel + .lnecessat-fto meet temperafy water-re, +, D. The Gen-traeter shall install a meter and pay for- all ex-penses assoeiated with temper-ar-y orate iee during the eoufse of ffie work,iirel-'c'cding-rfdimise---, 11--ts an 'Peen required for temper- + waw lvvJ ivY.�LLllVK 1V1 LVllli./V1LLL,' YY LLLIi�JGl-Y 1G� E.Comply will, all applieable Bede=-and arrangeor- all n eee ss, iiispeetions and approvals. F. Upon completion of all work, the Geatraetor- shall diseenneet and r-emeye all-tempemi3 eomeetionJ and fixtu1 V 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 1 - 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 with 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 • J 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 a DIVISION 2 - I of 4 ' r 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 I 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 s 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 a 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. ell 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. v 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 A ` DIVISION 3 —Page 3 of 8 y 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, v ` 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 k 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. r 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. 'a 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 r DIVISION 3 —Page 8 of 8 REMOVEETTISTINGCONCRETECURBING V `J THIS AREA AND PROVIDE NEW CONCRETE EXISTING DELI VERY RAMP c t� .-8 SIDEWALK AT I'MTHIS AREA TO REMAIN 0 OOVE STREET PAVEMENT. REPLACE EXISTING CONCRETE SLABS,STEPS AND HANDRAILS(TYPICAL EACH SIDE)THIS AREA. OLD SOUND AVENUE S$ - W z Lu V W ' L tA o u Q O a u o .� c oxo s!o%*ou w *E)*��o x O =-' Sa v C►---� ( � EXISTING SIDEWALK TO REMAIN CL �16 IN TMp SAW-CVTEXSTNOASPNALi PAVEMENT 7—FROp FACE OF CURBING SAWSUT A REMOVE EXISTING DAMAGEDSIDEWALKSECTONANOREPUC-WITHNEWSIDEWALK END rBEGIN EXISTINGSECTIONOPCONCRETESIDEWALKNEW THISMEATOBEREMOVED ANO REPUCEDCURBING NEW WITN NEW A.D.A.SLOPED ENTRANCE r CURBING REMOVE EXISTNO CONCRETE CURBING THIS AREA AND REPLACE WITH NEW M _ CONCRETE CURBING 9fY DEfA1L , R> (H-133 LF) I ASPHALT PARKING LOT Z O00 1\� : Q �7p WELL , cj W O U) i co T� r 0 Nz3 d 0 �O NDo LLI co F Z MJ M a l" U) - 0 7 NI O PARTIAL SITE PLAN "H.R.C." .= p„ ► SCALE: 1 "= 30.0' co c 1 ` L _ I Q REMOVE EXISTING CONCRETE ' CURBING THIS AREA AND PROVIDE EXISTING DELIVERY RAMP 9'-O" 3'-0" 6'-8" +/-FIELD VERIFY NEW CONCRETE SIDEWALK AT ONE THIS AREA TO REMAIN � (1")INCH ABOVE STREET PAVEMENT. gD 6"R. FOUR EQUAL RISERS-FIELD VERIFY I� '� Cd 1/2" PRE-MOLDED @s� REPLACE EXISTING CONCRETE EXPANSION JOINT d 7•_0" a 2"H ALUMINUM HAND RAILS @ SLABS,STEPS AND HANDRAILS , (TYPICAL EACH SIDE)THIS AREA. 1 34"ABOVE SLABS 8 TREAD NOSE. CONTINUOUS WELD AT ALL JOINTS. 60 ZM 6"R. GRIND SMOOTH AND PAINTED BLACK. Ig 9E� 5 C :« M ,: «.�; -�_.�.. 112" PRE-MOLDED d -es �+ ri�li BROOM EXPANSION JOINT io *' =1?I�-I'I 1tl-Ili-ly I!I=III=iIJI1= 1==T1-rI1-iIL!li FINISH TYPICAL LINE OF EXISTING �• if `•h I I_Ilf-lll, CURBING BEYOND + _ . II I' I' I I '' '� W 4,000 P.S.I. CONCRETE ` x ,:� -iii--1 l-III i—llr tQ '..I _ _;-1_=y1- i='i-i(=JI-'I,-I_I=I�!I!-III- _I_I�jI-Ii• .I=1I!= ' .� SLABS 8 STEPS PLACED MONOLITHICLY __,(1-II'=!i=!_'I-I�iIL__I:I�TEhI=�l-1;hl�ll- @ 6"THICK MINIMUMiWITH ��- X11!:',1;=1a--!IIJ_I-+�I-1i_III_IIC''i= W � H t tLLtt �ttr`t t`t t t ttt<Et`t`tr �tr ��t r�:t #4 BAR STEEL REINFORCEMENT +� _ ++ ut`t«tt E te<< t «x `LLeLLe rttEtErtt LLtErEEt;E`t AT 18"O.C.EACH WAY.TYPICAL a '� ie `eEtt t ate F ++ COMPACTED SUB-GRADE.TYPICAL SAW-CUT EXISTING PAVEMENT t W -1--� AS NEEDED TO 1NSTALL NEW EXISTING FENCING TO BE REMOVED g,_6,. SECTION OF 4,000 P.S.I.CONCRETE u AS NEEDED AND SALVAGED FOR CURBING SET 1"ABOVE FINISH •r_4 RE-INSTALLATION BY CONTRACTOR PAVEMENT ' �y AFTER CONCRETE WORK IS COMPLETE. O PARTIAL CURB & SIDEWALK PLAN DETRAIL "1" CURB & SIDEWALK SECTION DETAIL "A-A" W o 4 n ADJACENT TO OLD SOUND AVENUE SCALE: 1x16"=1'-0" SCALE: 114"=1'-0" a Z o� ya eMs 01e-0c t ....e�`t i:G"f`.""•.``it`:E�it`tti`.t'`�t.E.tetE•``.`.E.`w`ri.ittt�uI""Ei<E`' >ttt4erLLttrtt� Et u_LL;E u .u:kFi-tti.:Y`".�.`tLL.`..``��"u�::�u�. ,....>ytt`�`tut,��...`�.`.��``,t�`�"`".`i".t2�.!l`i�Ftt`:tYtwEl<`tu`.ua��:LL`�.•`�`�t`ttu�`tE.:t .. SMOOTH EPDXY EACH WAY R . QU�^ f� COATED BMS ® 24'O.C. C ++N „;l C INSTALL ATLOCATIONSALL S UCONE JOINT 48-MAX.TYP0 �E LLiE uWARE 2■■ CONCRETE ABUTS SEALANT .H EXISTING CONCRETE C f� ttttteeLLii}j ;_ SURFACES POLYETHYLENE f� L� FIRM, ttt .. .. cd LY;tt�F�t`ttt.L `tt.`uµl`LtL.��`i EXPANSION CAP g C f nu u t t<<LLtt s 5 e µ r ee i � E ° a N�sEcnoNi 1, E%ISTMG '�R• O O i O • O' ' O t .,tt t tt.tt,ttkEE IFS-, e- `tu��`L-t"tF 4.000 PSI CONC. (TYP.) cn ~ EXISTING SIDEWALK TO REMAIN tttu Lt ;Ettft`,ElPREMOLOED BOND BREAKERCOMPACTED SUBGRADE N WL� r�Tp LL... EXPANSION JOINT IS MIL POLYETHYLENE VAPOR BARRIER TYPICAL O ® O O ® BETWEENNEW &EEXISTING MASONRY �' .,PAVEMENT DETAIL >: z Z O® �l ® N.T S. O .W.1 Q E 'O w- Q l`O ZSAW-CUT EXISTING ASPHALT �:�, DEPRESS NEW Q c 112" PRE-MOLDED L) °� r PAVEMENT;2'-0"FROM FACE OF CURBING CURBING AT EACH A.D.A. (q 3 EXPANSION JOINT o r Ljo C SAW-CUT 8 REMOVE EXISTING POINT ISTING DAMAGED __ _ -- - -_ = o y SIDEWALK'SECTION AND REPLACE WITH = O NEW SIDEWALK. = - co EXISTING SECTION OF CONCRETE SIDEWALK END N o� O BEGIN THIS AREA'TO BE REMOVED AND REPLACED NEW a C 4,000 P.S.I.CONCRETE , NEW WITH NEW�A.D.A.SLOPED ENTRANCE. CURBING CURBING&SIDEWALKO N �� + CURBINGSAW-CUT EXISTING PAVEMENT ALIGN WITH EXISTING W 0) REMOVE EXISTING CONCRETE CURBING 2'-0"FROM FACE OF CURB TO INSTALL D w THIS AREA AND REPLACE WITH NEW NEW SECTION OF 4,000 P.S.I.CONCRETE 1/2" PRE-MOLDED V F' M CONCRETE,CURBING. SEE DETAIL CURBING SET 112"ABOVE FINISH PAVEMENT EXPANSION JOINT 0 '7 (+/- 135 L.F.) AT A.D.A.ACCESS POINTS I " = EXISTING SIDEWALK "I TO REMAIN. O PARTIAL CURB & SIDEWALK PLAN DETAIL "211 0 _ INTERIOR PARKING LOT AT H.R.C. SCALE. 1/16"=1'-0" CURB & SIDEWALK SECTION DETAILS •3 . w SCALE: 114"=V-0" L CONCRETE PLUS,INC. Balance Sheet June 30,2014 Assets Current assets Contracts receivable $ 234,479 Cost&Estimated Earnings in Excess of Billings on Uncompleted Contracts 50,000 Materials inventory 2,500 Total Current assets 286,979 Fixed assets-net 124,263 Other assets Bid&security deposits 2,793 Total Assets $ 414,035 Liabilities and Stockholder's Equity Current liabilities Cash overdraft $ 3,599 Accounts payable-trade 68,139 Accrued expenses 6,524 Payroll taxes payable 5,802 Line of credit 20,352 Curent portion-Installment notes payable 5,015 Total Current liabilities 109,431 Long Term Debt 14,737 Total Liabilities 124,168 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 205,647 Total Stockholder's Equity 289,867 Total Liabilities and Stockholder's Equity $ 414,035 2 See Independent Accountants'Compilation Report CONCRETE PLUS,INC. Notes to the Financial Statements June 30,2015 NOTE 4:LOANS PAYABLE Loans payable at June 30,2015 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. $ 19,752 b. Line of credit,Astoria Federal Savings Maximum available is $50,000. 20,352 Subtotal 40,104 Less: Current Portion 25,367 Long Term Debt—Net of current portion 4 3 Non-current maturities of long-term debt are as follows: For the years ending June 30, Amount 2016 $ 5,703 2017 5,957 2018 3,077 Total $ NOTE 5:ADVERTISING EXPENSE At June 30,2015,the Company paid$1,475 in advertising expense. NOTE 6: SUBSEQUENT EVENTS Management has evaluated subsequent events through October 1, 2015, the date these financial statements were available to be issued. 7 CONCRETE PLUS,INC. Notes to the Financial Statements June 30,2015 NOTE 1: SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) Revenue and Cost Recognition Continued) 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. The asset, "Costs and estimated earnings in excess of billings on completed contracts" represents revenue recognized in excess of amounts billed. The liability, `Billings in excess of costs and estimated earnings on uncompleted contracts"represent billings in excess of revenues. NOTE 2: CONTRACTS RECEIVABLE As of June 30,2015 contract receivable balances were comprised as follows Completed Contracts $134,479 Contracts in Progress 100,000 Retainage $234,47-9 4 NOTE 3: FIXED ASSETS Land $50,350 Machinery&Equipment 253,651 Furniture&Fixtures 8,174 Transportation Equipment 359.673 671,848 Less:Accumulated depreciation 547,585 Total Fixed Assets $124 Depreciation expense related to the fixed assets was$15,357 for the six months ended June 30,2015. 6 CONCRETE PLUS,INC. Notes to the Financial Statements June 30,2015 NOTE l: 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. Basis of Presentation — 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. Use of Estimates The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect certain reported amounts and disclosures.Accordingly,actual results could differ from those estimates. Accounts Receivable —As of June 30, 2015, 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 taxes 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. 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. 5 CONCRETE PLUS,INC. Statement of Cash Flows For the six months ended June 30,2014 CASH FLOW FROM OPERATING ACTIVITIES: Net Income $ 41,035 Adjustments to reconcile net loss to cash used in operating activities: Depreciation and amortization 15,357 Changes in operating assets and liabilities: Accounts receivable (27,479) Net cost and estimated earnings in excess of billings on uncompleted contracts (50,000) Prepaid payroll taxes 177 Accounts payable and accrued expenses (8,589) Payroll taxes payable 5,801 Total Adjustments (64,733) Net cash used in operating activities (23,698) CASH FLOW FROM INVESTING ACTIVITIES: Acquisition of fixed assets (11,043) CASH FLOW FROM FINANCING ACTIVITIES: Repayment of installment notes payable (6,825) Distributions to stockholder (12,667) Net cash used in financing activities (19,492) Net decrease in cash and cash equivalents (54,233) Cash-beginning of period 50,634 Cash-end of period $ (3,599) SUPPLEMENTAL DISCLOSURES: Cash Paid during the year for: Interest $ 1,145 Income taxes $ 1,000 4 See Independent Accountants'Compilation Report CONCRETE PLUS,INC. Statement of Income and Retained Earnings Six Months Ended June 30,2015 Operating revenue $ 460,615 Cost of goods sold Purchases 89,755 Gross profit 370,860 Operating expenses Officer salaries 80,955 Wages and salaries 74,466 Payroll taxes 19,965 Auto and truck expenses 13,551 Equipment leasing 2,807 Depreciation expense 15,357 Contributions 250 Insurance 65,745 Professional fees 1,065 Advertising 1,475 License,permits&fees 10,915 Office expenses 348 Employee benefits 13,730 Othertaxes 22 Supplies 7,367 Utilities 2,642 Telephone 5,128 Rubbish removal costs 5,032 Interest 1,145 Property taxes 7,560 Total Operating expenses 329,525 Income before Provision for income taxes 41,335 Provision for income taxes 300 Net income 41,035 Retained Earnings-Beginning 177,279 Distributions to Shareholders (12,667) Retained Earnings-Ending $ 205,647 3 See Independent Accountants'Compilation Report TABLE OF CONTENTS Page INDEPENDENT ACCOUNTANTS' COMPILATION REPORT 1 FINANCIAL STATEMENTS Balance Sheet 2 Statement of Income and Retained Earnings 3 Statement of Cash Flows 4 Notes to the Financial Statements 5-7 CONCRETE PLUS,INC. FINANCIAL STATEMENTS AND INDEPENDENT ACCOUNTANTS'COMPILATION REPORT SIX MONTHS ENDED JUNE 30,2015 76bD Jericho Tpke-S`ifte Q0.Woodbury,NY 11797 rai:516.902.0100,F,.k616.364.9600 G.R. Raid J4s�aci�$�s,l_tts told n br_:Ham Blvd.,sIU+e I.136.dreat Neck,*V.11 2� CEWIFIED PUS00 A0001.PNTiNC fA.c 636.;.65.241-12 � 'v• 8 6BN�ULIIN FIr�tVi. _7807hird Ave.,its Fix.NevYork,-P,IY't4017 '�,+'� %nvx%d3Miftccm 'YfL:212.@63A011 Fax:212.663.0111 INDEPENDENT ACCOUNTANT'S COMPILATION REPORT To the Officers and.Stockholder's of Concrete Plus,Inc. East Islip,New York Management is responsible for the accompanying financial statements of Concrete Plus,Inc. (a"S"corporation), which comprise the balance sheet as of June 30,2015,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 in accordance with accounting principles generally accepted in the United States of America. We have performed a compilation engagement in accordance with Statements on Standards for Accounting and Review Services promulgated by the Accounting and Review Services Committee of the AICPA. We did not audit or review the financial statements nor were we required to perform any procedures to verify the accuracy or completeness of the information provided by management.Accordingly,we do not express an opinion,a conclusion,nor provide any form of assurance on these financial statements. Woodbury,New York October 1,2015 a #0002229650 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 06/28/2018 Principal Clerk Sworn to before me this day of �. 91STINAOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01V06105050 Qualified in Suffolk County My Commission Expires February 28,2020 I N TYPESET Fri Jun 22 15.24.30 EDT 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,July 12,2018,at which time they will be publicly opened and read aloud,for Southold Human Resource Center Concrete Curbing&Stairs. Specifications may be obtained at the Office of the Southold Town Clerk during normal business hours There is a $10.00 non- refundable fee for the specifications 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 Curb- ing&Stairs",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 June 19,2018 ELIZABETH A.NEVILLE SOUTHOLD TOWN CLERK 2229650 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 21St day of June , 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. Curbing & stair bid HRC lizabeth A.Neville L.-Southold Town Clerk Sworn before me t 21St day of Ju e , 2018. EL Notary Public LYNDA M. RUDDER Notary Public, State of New York No.01 RU6020932 Oualified in Suffolk County Commission Expires March 8,20-, Southold Town Board - Letter Board Meeting of June 19, 2018 RESOLUTION 2018-579 Item# 5.12 y�F ADOPTED DOC ID: 14237 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-579 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 19,2018: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for repairs to curbing and walkways at the Human Resource Center as part of the New York State and Municipal Facilities Program ("SAM") Grant:Project ID# 8289 Improvements to Southold Town Senior Center. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Generated June 20, 2018 Page 34 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: "SOUTHOLD HUMAN RESOURCE CENTER CONCRETE CURBING AND STAIRS" Definite specifications may be obtained at the Southold Town Clerk's Office beginning June 28, 2018 PLACE OF OPENINGS: DATE OF OPENINGS: TIME OF OPENINGS: TOWN OF SOUTHOLD July 12, 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-refundable fee of$10.00 will be charged for plans and specifications. Payment can be made by either money order, cash or business check(payable to the Town of Southold). A non-mandatory pre-bidder's conference will be held at 2:OOPM on July 3, 2018 at the site located at 750 Pacific Street in Mattituck, New York. The Town of Southold welcomes and encourages minority and women-owned businesses to participate in the bidding process. r 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, July 12,2018, at which time they will be publicly opened and read aloud, for Southold Human Resource Center Concrete Curbing & Stairs. Specifications may be obtained at the Office of the Southold Town Clerk during normal business hours. There is a$10.00 non-refundable fee for the specifications. 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 Curbing & Stairs", 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: June 19, 2018 ELIZABETH A.NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON JUNE 28, 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