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Home My WebLink AboutFI Court Fencing PEOPLES.UNITED;BANK 37-41. •..peoples.com 517218/:211 GATEWAY FENCE&GUARDRAIL;,LLC " 136 RED HILL ROAD " criEmm ... BRANFORD,CT 06405. . 11!2%20;18 PAY TO THE 't*11.200.001" >v oRD.ER.OF' .. Town Southold,'NY ';. no ******«c***,****«******.* *#****#*0****ir«*i "DOLLARS W Eleven Thousand Two.Hundred and 00/'100.. . 0T vn..Southold, NY :53095'Rod a 25' Southold NY 11971 ` MEMO ✓` 'a `AUTFtORIZEDSIGN uRE:•' y I■ u' 2-2 i 17:2IEliGi:`_ 'L.3 27.0 1..00 3:74:1 PegWe United Cashier's Check ��Banik Reference FISHER ;.-;9 8_ Date ` 018 920857 . . $*******44,500.00****** 13202-A1361P8 Pay FORTY FOUR THOUSAND FIVE HUNDRED , DOLLARS ANDS ZERO CENTS To the " *TOWN OF SOUTHHOLD* Order of C of CASHIER'S CHECK l ~ Authodo nature Notice to Customers:The purchase of an indemnity bond may be required before this check will'be replaced or refunded in the event it is lost,misplaced or stolen. Member FDIC CK-0ez 9 2088 S.Iii' is 2 2 11 ? 2 1861: 11' 17000 29 511' 1 ftyy) �I l � Mill mWOMPLETE THIS SECTION ■ Complete items 1,2,and 3. A. Si re ■ Print your name and address.on the reverse Xzz,--M ❑Agent so that we can return the card to you. Addressee ■ Attach this card to the back of the mailplece, c alvedrinted . D e o elivery or on the front if space permits. Pia 1. Article Addressed to: D. Is delivery address different from item it IV Yes - —— - - —- — - If YES,enter delivery address below: ❑No Gateway Fence & Guardrail, LLC 136 Red Hill Road Brandford, CT, 06405 -- - —------- ---- --'-- 3. Service Type ❑Priority Mail Express® ll IIII'I I'll I'I I II II lI III I III III III Illi l III ❑Adult Signature ❑Registered Mail ElAdult Signature Restricted Delivery LlR Registered Mail Restricted Certified WHO Delivery 9590 9402 7131 1251 6921 56 Certified Mail Restricted Delivery ❑Signature ConfirmationT"' ❑Collect on Delivery ❑Signature Confirmation 2. Article Number(transfer from service label) Ll Collect on Delivery Restricted Delivery Restricted Delivery ❑Insured Mail " 11 Insured Mall Restricted Delivery over$500) PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt USPS TRACKING# First-Class Mail Postage&Fees Paid USPS Permit No.G-10 9590 9402 7131 1251 6921 56 United States •Sender:Please print your name,address,and ZIP+4®in this box• Postal Service _ _- Southold Town Clerk PO Box 1179 53095 Main Road Southold,NY 1.1971 Of Fat ELIZABETH A. NEVILLE, MMC Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 Southold,New York 11971 ca REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER ,� ® ®�. Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ®� �� www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 5, 2018 John Gulino Residential Fence Corp 1775 Route 25 Ridge,NY 11961 Dear Mr. Gulino: At the regular Town Board meeting held on September 25, 2018, the Town Board accepted the bid of Gateway Fence & Guardrail, LLC for fencing around tennis and basketball courts on Fishers Island. A certified copy of the resolution is enclosed. The bid deposit will be returned to you. Thank you for your bid. Very truly yours, - M �I Lynda M Rudder Deputy Town Clerk Ens. ILLS MMC ® G Town Hall,53095 Main Road ELIZABETH A. NEV � $ � a P.O.Box 1179 TOWN CLERK Southold,New York 1 f971 REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER ,f. S ®�. Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER �8a( �� www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 5, 2018 Robert Miller Gateway Fence & Guardrail LLC 136 Red Hill Road Branford, CT 06405 Dear Mr. Miller: Congratulations. At the regular Town Board meeting held on September 25, 2018,the Town Board accepted the bid of Gateway Fence& Guardrail, LLC for fencing around tennis and basketball courts on Fishers Island. A certified copy of the resolution is enclosed. The bid deposit will be returned to you. Thank you for your bid. Very truly yours, Off_ J Lynda M Rudder Deputy Town Clerk Ens. Southold Town Board - Letter Board Meeting of September 25, 2018 RESOLUTION 2018-850 Item# 5.32 ADOPTED DOC ID: 14504 tea. THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-850 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 25,2018: RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Gateway Fence & Guardrail LLC for fencing around basketball and tennis courts on Fishers Island in the amount of$55,660.00, all in accordance with the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Ghosio, Councilman SECONDER:Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Generated September 26, 2018 Page 46 SVFFOL�► ELIZABETH A.NEVILLE,MMC 0� CD�y 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 ,�. ®0. Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ��,( �`1 www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD BID OPENING Fencing for the Fishers Island Courts Bid Opening 9/6/18 2:00 PM Two (2) bids received Tennis Court Basketball Court Total Gateway Fence & Guardrail LLC $46,460.00 $9,200.00 $55,660.00 136 Red Hill Road Branford, CT 06405 203/488-4030 Residential Fence Corp $98,640.00 $30,800.00 $129,440.00 1775 Route 25 Ridge,NY 11961 631/924-3011 1 VENDOR NAME: zz_c VENDOR INFORMATION SHEET TYPE OF ENITITY:CORP, PARTNERSHIP INDIVIDUAL_/ FEDERAL EMPLOYEE ID 4: 30- 033KIl -12- OR SOCIAL SECURITY DATE OF ORGANIZATION:---ArCA 7006' IF APPLICABLE: DATE FILED: STATE FILED: T If a non-publicly owned Corporation: CORPORATION NA-'v1E: LIST PRINCIPAL STOCKHOLDERS: (5%of outstanding shares) LIST OFFICERS AND DIRECTORS: NAME TITLE X06 _r-1 1�7jll If a partnership: PARTNERSHIP NAME: LIST PARTNERS NAMES: V Proposal Package 3 of 9 ADDRESS RECOWD FORM MAIL BID TO: VENDOR NAME: . ADDRESS: 1rr,4rl, 6T 06- CONTACT: L TELEPHONE:(:L— E-MAIL: ONLY if different- IL,PURCHASE ORDER TO: ADDRESS: TELEPHONE: CONTACT: E-IVIAIL: ONLY if different- MAIL,PAYMENT TO: ADDRESS: TELEPHONE: FAX: CONTACT: —E-MAIL: lulfT Proposal Package 4 of 9 VENDOR NAME: ASSUMED NAME CERTIFICATION *If the business is conducted under an assumed name, a copy of the certificate required to be filed under the New York general business law must be attached. ASSUMED NAME: &-�- a- ,ZZ "47 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 Off icer has any such interest, the full nature thereof should be disclosed below. It is not forbidden that individuals working for the Town of Southold or other municipality bid on contracts only that such interest be revealed when they do bid.) INSURANCE STATEMENT Bidder agrees as follows -please mark appropriate box: Insurance Certificate as requested is attached I certify that I can supply insurance as specified if awarded the bid Insurance Certificate filed on DATE FAILURE TO PROVIIDE SPECIFIED INSURANCE SHALL DISQUALIFY BIDDER. AUTHORIZED SIGNATURE Proposal Package 5 of 9 AFFIDAVIT OF NON-COLLUSION I hereby attest that I am the person responsible within my firm for the final decision as to the prices(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. 1 further attest that: 1. The price(s) and amount of this bid have been arrived at independently, without consultation, cornmunication 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 firin 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 any 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. 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 thetas 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 erson signing this bid, under the penalties of perjury, affirrns the truth thereof. Signature& Company Position ��Csr2� SWORN TO BEFORE NIE 1'111.5 )i6erl- z�,�4 nl- qls- DAYOF/20&-_'_ Type Name&Company Position Company Name N01'AR 1'1T Yff Fate signed � PABLO SALMERON NOTARY PUBLIC STATE OF CONNECTICUT My Commission Expires January 31 2022 Federal I.D Number Proposal Package 6 of 9 THE PROPOSAL FORM Fishers Island Basketball and Tennis Court Fencing VENDORRTAME: VENDOR ADDRESS; /3 If,n��-d, 6,T QC z/os- TELEPHONE NUMBER.Z03)W0-V03o 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. (Mote: In the event that any Town Officer has any such interest, the frill 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 NIA below): Addendum No. Dated Proposal Package 7 of 9 Fishers Island Basketball and Tennis Ccurt Fencing Itemized Proposal for: Town of Southold ITEM NO. ESTIMATED DESCRIPTION OF ITEM UNIT BID PRICF EXTENDED AMOUNT BID QUANTITY (Fill in Unit Price Written in Words) DOLLARS CENTS DOLLARS GENTS Install Tennis Court Fencing 2 Z3,,Z 3 0 00 q6' 4t(j O I D fOf_ �WY/t Are,—14"..".4 {VG `1A+T j-t:� ,ILS ff Dollars Cent " Install Basketball Court Fencing// 2 1 for SIM �t6lrfk/L� J A&,, eZ IL_S 700 00 q/ZpO O D Dollars Cents TOTAL BASE BID Items(Add All Items) Dollars Gents (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 100be TITLE DATE ACKNOWLEDGMENT STATE OF Nh—i7=-F6R , COUNTY OF .. PW ss.: �ra�� On the day of S7f-P, in the year 2018 before me, the undersigned, personally appeared, k,,ke,� ftA,11w -1= , 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 ackno,,vIedged 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. P B LT LI1C PABLO SALMERON NOTARY PUBLIC ST F C OTARY PUBLIC STATE OF CONNECTICUT IVi m 11 22 wiy Comm Expires January 31 2022 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: A Partnership or Entity FIRM NAME: fl�"re 4�V An Individual PRINCIPAL OF ICE: J-3 &T PRINCIPAL OFFICERS: BACKGROUND TITLE NAME ADDRESS PROFESSION/TRADE �AIUI- 4be /I# kr 13(- &Z /§// 4( _ 0 6,Y05- 1. How many years has your organization been in business under its present business name? !3 2. You normally perform what percent of the work with your own forces? 100 % List trades that you organization normally performs below: Fen &,,,d,i / 3. Have you ever failed to complete any work awarded to you? If so, note where and wily. 4. Are therc any claims, udgments, arbitration proceedings or suits pending oroutstanding against your firm or its officers? If yes, please provide details. QS-1 5. Has your firm requested arbitration or filed any lawsuits with regard to construction contracts within the last five years?If yes,please provide details. /V0 6. List the major construction projects your organization has underway at this date: Name of: Engineer/ Project Owner Architect Contract Percent Scheduled Nameele bone 99 Telephone 9 Amount Complete Conipfetion Mar x� Zo"wn(/crron 6 a�zm z- JlGOq//19/1 g' /jtoa 36 11K G16� 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(awn Forces Frame 'relcDhone# Telephone4 Amount Cone tion of Nyork o4' GUAM L�3z/- 40 000 Oirlz©l1Y '9© y �. 3qgs7 Z, lac, '�4 'u2fLr'� �3 37l— j 00 d 0$13oIW �9 CO3, z1,0- 7aD� 69/14/G� /Mg lP6�p (W3)z/o- �0d o 65130118' d3o� cZ03)W11 ��G�GaG W16-11K �a S. 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 Cgpacitv Zbe& Ai1�r 71,, Dwne-�— 3S" t�Zk� /00 7 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? -14. Bank References: 45�0 lln'r'171 S/1 11. Trade Association Membership: 11V 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? PO 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 C-7- COUNTY 7COINT'Y OF (\/L-j I-k✓C ) IF0/-A--r/- l4sll-e /— being duly sworn deposes and says that he is the 0W'?-e_r of contractor and that answers to the foregoing questions and all statements t erein contained are true and correct. (Signature of person who signed bid)-,v' Sworn to before me this day of Obi,2018 Notary Public l Commission Expiration Date: PABLO SALMERON L4 NOTARY PUBLIC STATE OF CONNECTICUT Y Comm Commission Exp res January 31 2022 QS-4 VENDOR NAME: RESIDENTIAL FENCES CORP VENDOR INFORMATION SHEET TYPE OF ENTITY:CORP. X PARTNERSHIP INDIVIDUAL FEDERAL EMPLOYEE ID #: 11-2200015 OR SOCIAL SECURITY#: DATE OF ORGANIZATION: 04/08/1969 IF APPLICABLE: DATE FILED: 04/08/1969 STATE FILED: NEW YORK If a non-publicly owned Corporation: CORPORATION NAME: RESIDENTIAL FNCES CORP. LIST PRINCIPAL STOCKHOLDERS: (5% of outstanding shares) John Gulino President 82 Woodlot Rd,Ridge,NY 11961 Joseph,Gulino V.President 96 Woodlot Rd,Ridge,NY 11961 Michael Guhno Treasurer 30 Woodlot Rd,Ridge,NY 11961. Mario Gulino Secretary 28 Woodlot Rd,Ridge,NY 11961 LIST OFFICERS AND DIRECTORS: . NAME TITLE John Guhiio Presideril 82 Woodlot Rd, Ridge,NY 11961 Joseph Gulina V. President 96 Woodlot Rd, Ridge, NY 11961 Michael Gulino Treasurer 30 Woodlot Rd, Ridge,NY 11961 Uario Gulino Secretary 28 Woodlot Rd,Ridge, NY 11961 If a partnership: PARTNERSHIP NAME: LIST PARTNERS NAMES: Proposal Package 3 of 9 ADDRESS RECORD FORM MAIL BID TO: VENDOR NAME: RESIDENTIAL FENCES CORP ADDRESS: 177.5) 25 Ra D.G E-,-N-Y-41-961 CONTACT: JOHN GULINO TELEPHONE: 631-924-3011 FAX: 631-924-3275 E-MAIL: _ ;ohn @rfc:ffnee_ .nm ONLY if different - MAIL PURCHASE ORDER TO: ADDRESS: TELEPHONE: FAX: CONTACT: E-MAIL: ONLY if different - MAIL PAYMENT TO: ADDRESS: TELEPHONE: FAX: CONTACT: E-MAIL: Proposal Package 4 of 9 VENDOR NAME: RESIDENTIAL FENCES CORP. _ ASSUMED NAME CERTIFICATION *If the business is conducted under an assumed name, a copy of the certificate required to be filed under the New York general business law must be attached. ASSUMED NAME: If the bidder is an individual, the bid must be signed by that individual; if the bidder is a corporation, by an officer of the corporation, or other person authorized by resolution of the board of directors, and in such case a copy of the resolution must be attached; if a partnership, by one of the partners or other person authorized by a writing signed by at least one general partner and submitted with the bid or previously filed with the Purchasing Agent. The submission of this constitutes a certification that no Town Officer has any interest therein. (Note: In the event that any Town Officer has any such interest, the full nature thereof should be disclosed below. It is not forbidden that individuals working for the Town of Southold or other municipality bid on contracts only that such interest be revealed when they do bid.) INSURANCE STATEMENT Bidder agrees as follows - please mark appropriate box: Insurance Certificate as requested is attached I certify that I can supply insurance as specified if awarded the bid Insurance Certificate filed on DATE FAILURE TO PROVIDE SPECIFIED INSURANC LL DISQU IFY BIDDER. AUT RIZED SIGNATURE Proposal Package 5 of 9 AFFIDA`6TIT 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 any 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. person s' ing this bid, under the penalties of perjury, affirms the truth thereof. PRESIDENT SWORN TO BEFORE ME THIS )�he ignature Company Position JOHN GULINO, PRESIDENT 6TH DAY OF2$EPT., 2018 Type Name&Company Position RESIDENTIAL FENCES CORP. %Gr Company Name NOTARY PUBLIC _ 9/6/18 StepfiankWwaah Natamy J a8fic,State 0f Nem.VaNA 11-2200015 Na.VlWa6057797 Federal LD Number f2uatpd,7nSugomeauntsy Cannda6ion Expiaeo ap a 23,2079 Proposal Package 6 of 9 r , THE PROPOSAL FORM Fishers Island Basketball and Tennis Court Fencing VENDOR NAME: RESIDENTIAL FENCES CORP. VENDOR ADDRESS: 1775 RT 25, RIDGE, NY 11961 TELEPHONE NUMBER: 631-924-3011 FAX: 631-924-3275 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 Fishers Island Basketball and Tennis Court Fencing J 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 E Install Tennis Court Fencing i 2 NINETY EIGHT THOUSAND SIX HUNDRED for FORTY DOLLARS AND NO CENTS ILS 98,640. 00 98,640. 00 Dollars Cents Install Basketball Court Fencing 2 1 THIRTY THOUSAND EIGHT HUNDRED for DOLLARS AND NO CENTS ILS 30,800. 00 30,800 00 Dollars Cents I TOTAL BASE BID Items(Add All Items) ONE HUNDRED TWENTY NINE THOUSAND FOUR HUNDRED FORTY DOLLARS AND NO CENTS $129,440.00 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 JOHN G LINO PRESIDENT TITLE DATE ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF SUFFOLK } ss.: On the 6th day of September _ ____in the year 2018 before me, the undersigned, personally appeared, JOHN GULINO _ , 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. Stepkanie waawk OT RY PUBLIC .Nam*J"fi&'state of.Nem V0,& .Na VlWa6057797 a__tf ft d 9n S-90e a email* eannuaoion&vp!w apWt 23,2099 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: JOHN GULINO Cor orat' A Partnership or Entity FIRM NAME:allj_DENT JM FENCES CORP An Individual PRINCIPAL OFFICE: 1775 RT 25 RIDGE, NY 11961 PRINCIPAL OFFICERS: BACKGROUND TITLE NAME ADDRESS PROFESSION/TRADE John Gullno President 82 Woodlot Rd,Ridge,NY 11961 SEE ATTACHED Joseph Gulino V.President 96 Woodlot Rd,Ridge,NY 11961 Michael Gulino Treasurer 30 Woodlot Rd,Ridge,NY 11961 Mario Gulino secretary 28 Woodlot Rd,Ridge,NY 11961 1. How many years has your organization been in business under its present business name? 49 YEARS 2. You normally perform what percent of the work with your own forces? 95 % List trades that you organization normally performs below: ORNAMENTAL IRON WORKS LABORERS OPERATING ENGINEERS 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 PAGE QS-1MP PRINCIPAL OFFICERS NAME TITLE YEARS RESPONSIBILITIES John Gulino President 43 Finances, Banking, Bonding Office 82 Woodlot Road Management, Office Personal, Ridge, NY 11961 Commercial Bids and Estimating Joseph Gulino Vice President 41 Scheduling, Installation Personal 96 Woodlot Road Customer Service, Job Site Ridge, NY 11961 Supervision, Installations Michael Gulino Treasurer 32 Job Supervision, Scheduling, 30 Woodlot Road Installations, Customer Service, Ridge, NY 11961 Personal Management Mario Gulino Secretary 28 Job Supervision, Estimating, 28 Woodlot Road Sales, Customer Service, Ridge, NY 11961 Scheduling, Quality Control 5. Has your firm requested arbitration or filed any lawsuits with regard to construction contracts within the last five years?If yes, please provide details. NO 6. List the major construction projects your organization has underway at this date: Name of: Engineer/ Project Owner Architect Contract Percent Scheduled Name Telephone# Telephone# Amount Complete Completion SEE ATTACHED 7. List five major projects you organization has completed in the past five years: Name of: Engineer/ Work Done Project Owner Architect Contract Date of With Own Forces Name Telephone# Telephone# Amount Completion_ % of Work SEE ATTACHED QS-2 #6 LONG ISLAND RAILROAD CONTRACT NO. 6191—HIGH SECURITY FENCING AND GATES REQUIREMENTS CONTRACT PSEG LI CONTRACT NO. MA 000 3998—FENCING REQUIREMENTS CONTRACT TOWN OF BROOKHAVEN CONTRACT NO. 20180017 -Annual Fence Contract REQUIREMENTS CONTRACT r RESIDENTIAL FENCES CORP. EIN: 11-2200015 QUESTION 7 1 gency/Owner F6/29/2017 rd Date Amount Date Completed TOWN OF NORTH HEMPSTEAD 194687.95 8/18/2017 Contact Person Telephone No. 75� Architect and/or Design Engineer ED EVERY (516) 272-3778 Contract No. Prime or Sub Joint Venture(JV)Name, if applicable EIN of JV,if applicable 2017-00003087 PRIME 2. Agency/Owner Award Date Amount Date Completed TOWN OF BROOKHAVEN YAPHANK COMMON WALK 6/16/2016 115,571.00 9/13/2016 Contact Person Telephone No. Design Architect and/or Design Engineer ED MORRIS (631) 451-8696 Contract No. Prime or Sub Joint Venture(JV)Name, if applicable EIN of JV, if applicable 20141201-00 PRIME 3. Agency/Owner Award Date Amount Date Completed Time Warner Inc. 11/20/2015 377,494.00 2/22/2016 Contact Person Telephone No. Design Architect and/or Design Engineer WAYN E MANN (212) 484-8244 Contract No. Prime or Sub Joint Venture(JV)Name, if applicable EIN of JV, if applicable 676f1503-COMM-0 IPRIME 4 Agency/Owner Award Date Amount Date Completed VILLAGE OF PATCHOGUE - RIDER AVE PARK 10/19/2016 111,803.00 6/30/2016 Contact Person Telephone No. Design Architect and/or Design Engineer DENIS SMITH (516) 318-6538 Contract No. Prime or Sub Joint Venture(JV)Name,if applicable EIN of JV,if applicable 57779 PRIME 5. Agency/Owner Award Date Amount Date Complete GRACE INDUSTRIES 4/2/2014 1,082,993.83 4/30/2017 Contact Person Telephone No. Design Architect and/or Design Engineer STEVE ANDRICH (516) 473-4450 1 NC ENGINEERING Contract No. Prime or Sub Joint Venture(JV)Name,if applicable EIN of JV,if applicable BAY PARK SUB 1 8. List the construction experience of the principal individuals of your organization (particularly the anticipated project supervisors): Present Type of Work Position Years of For Which In What Individual's Name Of Office Experience Res onp Bible Capacitv SEE ATTACHED 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: PEOPLES UNITED BANK 9926 Route 25A, P.O. Box 622, Shoreham, N.Y. 11786 Phone 631-744-4400 Fax 631-744-6743 11. Trade Association Membership: 580 IRON WORKERS 1298 LABOERS 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 t QUESTION 8 PRINCIPAL OFFICERS NAME TITLE YEARS RESPONSIBILITIES John Gulino President 43 Finances, Banking, Bonding Office 82 Woodlot Road Management, Office Personal, Ridge, NY 11961 Commercial Bids and Estimating Joseph Gulino Vice President 41 Scheduling, Installation Personal 96 Woodlot Road Customer Service,Job Site Ridge, NY 11961 Supervision, Installations Michael Gulino Treasurer 32 Job Supervision, Scheduling, 30 Woodlot Road Installations, Customer Service, Ridge, NY 11961 Personal Management Mario Gulino Secretary 28 Job Supervision, Estimating, 28 Woodlot Road Sales, Customer Service, Ridge, NY 11961 Scheduling, Quality Control t 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. SEE ATTACHED STATE OF NEW YORK ) COUNTY OF SUFFOLK ) JOHN GULINO being duly sworn deposes and says that he is the PRESIDENT of RESIDENTIAL FENCES CORRntractor and that answers to the foregoing questions and all statements therein contained are true and correct. (Sire of pe Inwho signed bid) Sworn to before me th' —6__—day of SEPT 2018 Notary Public �� -4 Commission Ex iratio ate: 4/23/19 step aS NotaV gubew,State 0f New VvA Na.VIWa6057797 Quaf4W 9n Sugaik 'e—d* eommiooi=fxpkw apWt 23,2019 QS-4 r, QUESTION 13 RESIDENTIAL FENCES CORP Reference Contractor's Financial Statements RESIDENTIAL FENCES CORP. will provide financial statements upon request should we be deemed low bidder. 'r Document A310 TM - 2010 Conforms with The American Institute of Architects AIA Document 310 Bid Bond CONTRACTOR: SURETY: (Name,legal status and address) (Name,legal status and principal place of business) Fidelity and Deposit Company of Maryland Residential Fences Corp. 300 Interpace Pkwy., Morris Corp. I, Bldg. B/C This document has important 1775 Route 25 Parsippany, NJ 07054 legal consequences.Consultation Ridge, NY 11961 Mailing Address for Notices with an attorney is encouraged with respect to its completion or OWNER' 300 Interpace Pkwy., Morris Corp. I,Bldg.B/C modification. (Noire,legal status and address) Parsippany, NJ 07054 Any singular reference to Town of Southold Contractor,Surety,Owner or other party shall be considered 53095 Main Road plural where applicable. Southold, NY 11971 BOND AMOUNT' 5% Five Percent of Amount Bid PROJECT: (Name,location or address andl'roject number.if cony Fishers Island Basketball and Tennis Court Fencing The Contractor and Surety are bound to the Owner in the amount set forth above,for the payment of which the Contractor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,as provided herein.The conditions of this Bond arc such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents,or within such time period as may be agreed to by the Owner and Contractor,and the Contractor either(1)enters into a contract with the Owner in accordance with the terms of such bid,and gives such bond or bonds as may be specified in the bidding or Contract Documents,with a surety admitted in the jurisdiction of the Project and otherwise acceptable to ilia Owner,for the faithful performance ofsuch Contract and for the prompt payment of labor and material furnished in the prosecution thereof:or(2)pays to the Owner the difference,not to exceed the amount of this Bond,between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perlimn the trod:covered by said bid,then this obligation shall be null and void,otherwise to remain in full fierce and ellect.The Surety hereby waives any notice ol'an agreement bel peen the Owner and Contractor to extend the time in which the Owner may accept the bid.Waiver of notice by lite Surely shall not apply to any extension exceeding sixty(60)days in the aggregate beyond the time lbr acceptance ol'bids specified in the bid documents;and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty(60)days. If this Bond is issued in connection Leith a subcontractor's bid to a Contractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been liirnished to comply with a statutory,or other legal requirement in the location ol'the Project,any provision in this Bond conflicting%%ith said statutory,or legal requirement shall be deemed deleted hereliont and provisions conlimning to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common lase bond. Signed and scaled this 5th day of September, 2018. Residential Fences Corp. (Prlrrc' al) (Seal) (lJ'it�ress) B le) Fidelity and Deposit Co any of Maryland !•Sure!}) (.Seal) By: (Tire)Kim Spinel ,Attorney-in-Fact S-0054/AS 8110 i Individual Acknowledgment State of New York County of On this day of , 2017 , before me personally came to me known, and known to me to be the individual in and who executed the foregoing instrument, and acknowledged to me that he/she executed the same. My commission expires Notary Public ---------------------------------------------------------------------------------------------------------------------------------------- Corporation Acknowledgment State o do '�� o County o ltz n he .� day of , 2018 before me personally came fhls �i� to nowniwho beino by me duly sworn, did depose and say that he/s a ey reside(s) in that he/she/they is (are) the of the Residential Fences Corp, , the corporation described in and which executed the above instrument; that he/she/they know(s) the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority of the board of directors of said corporation, and 4he/sheogned his/her/their name(s) thereto by like authority. STEPHANIE WASZAK Notary Pubhi,- .tete of New York No 01WA6057797 (qualified rn Suffoik County My Commission Expires April 23,20� My commission expiresl blic Surety Acknowledgment State of New York County of Nassau On the 5 day of September, 2018 personally came Kim Spinello to me known , who being by me duly sworn did depose and say that he/she is an Attorney-in-Fact of Fidelity and Deposit Company of Maryland in and which executed the above Instrument know(s) the corporate seal of said corporation; that the seal affixed to the within instrument is such corporate seal, and that he/she/they signed the said instrument and affixed the said seal as Attorney-in-fact by authority of the Board of Directors of said corporation and by authority of this office under the standing resolution thereof. a My commission expires JACLYN THOMAS Nota y Pub c ;dOTARY PUBLIC-STATE OF NEW YORK No 01TH6363772 Qualified in Suffolk County My Commission Expires 08-28-2021 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Maryland,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by MICHAEL BOND,Vice President,in pursuance of authority granted by Article V, Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute,and appoint Louis J.SPINA,Denese THOMPSON,Philip G.SAMUEL,Frank ABBATIELLO,Kim SPINELLO and Tara LAVERDIERE,all of Uniondale,New York, EACH its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies,as fully and amply,to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York.,the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland_,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 25th day of October,A.D.2016. ATTEST: _ ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND 8CAL 7 ` Q Secretary Vice President Enc D.Barnes Michael Bond State of Maryland County of Baltimore On tlus 25th day of October,A.D.2016,before the subscriber,a Notary Public of the State of Maryland,duly comrmssioned and qualified,MICHAEL BOND,Vice President,and ERIC D.BARNES,Secretary,of the Compames,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written Constance A Dunn,Notary Public My Commission Expires:July 9,2019 POA-F 093-7470A EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations,undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authorityat any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsirmle under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney. Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the I Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and axed the corporate seals of the said Companies, this grday of ,20_[? . 'moo ocrps` -+'�►��',, CJ�+It�Y SEAL t '"�7�nwN✓ Aron Gerald F.Haley,Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT ALL REQUIRED INFORMATION TO: Zurich American Insurance Co. Attn: Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 e THE FIDELITY AND DEPOSIT COMPANY OF MARYLAND 600 Red Brook Blvd.,Suite 600,Owings Mills,MD 21117 Statement of Financial Condition As Of December 31,2017 ASSETS Bonds........... ......................... .......................................................................................................$ 131,463,323 Stocks............................................................................................................................................... 23,365,385 Cash and Short Term Investments.................................................................................................... 15,943,690 ReinsuranceRecoverable.......... ...................................................................................................... 7,520,824 Federal Income Tax Recoverable..................................................................................................... 62,266 OtherAccounts Receivable.............................................................................................................. 35,672,323 TOTALADMITTED ASSETS .................................................................................. ............. ...... $ 214,027,811 1 LIABILITIES,SURPLUS AND OTHER FUNDS Reserve for Taxes and Expenses......................................................................... .. ......................... $ 580,990 Ceded Reinsurance Premiums Payable............................................................................................ 42,235,595 Securities Lending Collateral Liability......................................................................................... .. 0 TOTALLIABILITIES.....:...:......:...................................................................................................$ 42,816,584 Capital Stock,Paid Up..... .................................................................................. $ 5,000,000 Surplus................................................................................................................. 166,211,227 Surplus as regards Policyholders......................................................... 171,211,226 TOTAL.......................................................................................................................................$ 214,027,811 f> i Securities carried at$62,198,396 in the above statement are deposited with various states as required by law. Securities carried on the basisp rescribed by the National Association of Insurance Commissioners. On the basis of market quotations for all bonds and stocks owned,the Company's total admitted assets at December 31,2017 would be$213,515,173 and surplus as regards policyholders$170,698,588. 1,DENNIS F.KERRIGAN,Corporate Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing statement is a correct exhibit of the assets and liabilities of the said Company on the 31st day of December,2017. 1 — i Corporate Secretary State of Illinois City of Schaumburg SS: t Subscribed and sworn to,before me,a Notary Public of the State of Illinois,in the City of Schaumburg,this 9°i day of March,2018 4 't 3 Notag Prtblrc t i :OFFICIAL SEAL I DARRYL JOINERNotaPublic-State of IllinoisMy Comission Expires 2/24/2022 i i pepp��niteQ► ;. Bank Reference date Cashiers Check Pa �r�>Yr Pay 2,783.00* 0905/2018 91,6 6 25 9 TGIO THOUSAND SEVEN HU - To the 13204'g136Cjj NDRED EIGHTY THREE DOLL Order of *TOWN OF SOUT HOLD* ARS .4N0 ZERO CASHIER'S CENTS � CHECK Nopce ro Custo bondmaybei niers:Thepurchaseofanindemnity J or refunded in qh gyred before this check�v'll be replaced t7eeventftislo Aut oriz Signature s4 misplaced or stolen n■g 16 8 2 5 9 n■ �; 2 21�1 ' �; - 21B6i: ►►' 1 7000 295u■ f loMbermic CK-002 PUBLISHER'S CERTIFICATE State of Connecticut County of New London, ss. New London Personally appeared before the undersigned, a Notary Public within and for said County and State, Sharon Foret, Legal Advertising Clerk, of The Day Publishing Company Classifieds dept, a newspaper published at New London, County of New London, state of Connecticut who being duly sworn, states on oath, that the Order of Notice in the case 26603; of I • LEGAL NOTICE Request for Bid Proposals NOTICE 15 HEREBY GIVEN,in accordance with the provis,ons ofSection 103 of the General Municipal Law,that sealed bids will be received by the Town Clerk of the Town I of Southold,Suffolk County,New York,at the Southold Town Clerk's Office,Town Hall,' 26603 LEGAL NOTICE Request for Bid 53095 Main Road,Southold,New York 11971,until 2:00 P.M.Thursday,September 6; 2018,at which time they will be publicly opened and read,aloud,for the Fishers Island Proposals NOTICE IS HE ;Basketball and Tennis Court'Fenang: Definite specifications'may be obtained at-the Officeof the,,Southold;Town Clerk during normal busmess'hours begimmng'August 16,2018 „ I I ., Q is .y _ -i � 1 Request for additional information or inquiries should be addressed to the Jeff Standish,l Southold Town Hall,PO Box 1179,Southold,NY 11971. Telephone (631)765-1283. r. . ,,` it -,, a t A true copy of which is hereunto annexed, was G The Town Board of the Town of Southold reservesthe�ighttoreiectanyandall bidsand, published in said newspaper in its issue(s) of to waive any defect or informality many bid should it be deemed in the best'mterest of t*Tcwn of Southold to do"so'; ; 08/16/2018 All bids must tie k6nipa6ied by a Non-Collusive B,d Certificate,and 5%bid security All,bids must be marked•!'Bid on FI Court Fencing",and must be,signed;and sealed=n i envelopes plainly addressed to the Town Clerk,Town of Southold,Town'Hall,53095 Main Road,Southold,New York 11971-t;,,) ,.,, ;,= ,",, r l Cust: SOUTHOLD TOWN OF/TOWN CLE The bid price shall not include any tax,federa;`state,orrlo�al,from'which'theTown Ad#: d00790143 I of Southold is exempt. Dated. August 8,2018 ELIZABETH.A.NEVILLE; i SOUTHOLD TOWN CLERK' Subscribed and sworn to before me This Thursday, August 16, 2018 - r Notary Public My commission expires _ #0002250000 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 08/16/2018 . - Principal Clerk Sworn to before me this day of G' . YRIiV �VOLIWSKl NOTARY PUBLIC-STATE OF NEW YORK No. DIV06105050 Qualified In Suffolk County My COMM111510h hpires February 28,2020 "1 YPESEI' Mon Aug 13 11.37 08 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,Sep- tember 6,2018,at which time they will be publicly opened and read aloud,for the Fish- ers Island Basketball and Tennis Court Fenc- ing Definite specifications may be obtained at the Office of the Southold Town Clerk during normal business hours beginning Au- gust 16,2018. Request for additional information or in- quiries should be addressed to the Jeff Stan- dish, Southold Town Hall, PO Box 1179, Southold, NY 11971. Telephone (631) 765-1283. The Town Board of the Town of Southold reserves the right to refect 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 FI Court Fencing",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:August 8,2018 ELIZABETH A.NEVILLE SOUTHOLD TOWN CLERK 2250000 STATE OF NEW YORK) SS: COUNTY OF SUFFOLK LYNDA M RUDDER, Deputy Town Clerk of the Town of Southold,New York being duly sworn, says that on the 13th day of August , 2018, a notice of which the annexed printed notice is a true copy was affixed, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County,New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold,New York. Bid on Fishers Island Court Fencing �<qul-v�-vv� ynda M Rudder Southold Deputy Town Clerk Sworn before me this 13th day of August Notary Pub 'c BONNIE J.DOROSKI Notary Public,State Of New York No. O1D06095328,SuffotA! Term Expires July 7,20 Rudder, Lynda From: Rudder, Lynda Sent: Monday,August 13, 2018 10:13 AM To: legals@timesreview.com; Lisa Finn (lisaahfinn@gmail.com); Michaelis,Jessica; Reisenberg, Lloyd; Southold Local (denise@southoldlocal.com); Dinizio,James; Doherty, Jill; Doroski, Bonnie; Ghosio, Bob; Louisa Evans; Neville, Elizabeth; Noncarrow, Denis; Norklun, Stacey; Rudder, Lynda; Russell, Scott; Standish, Lauren;Tomaszewski, Michelle; William Ruland; Duffy, Bill; Hagan, Damon; Silleck, Mary Cc: Standish,Jeff; Foote, Nancy Subject: FI court fencing for publication Attachments: FI court fencing.doc Please publish in the 8/16 edition of the Suffolk times and the Town website,thank you 2 Rudder, Lynda From: Rudder, Lynda Sent: Monday, August 13, 2018 10:18 AM To: finyinfo@gmail.com; GSMurphy;Jane Ahrens (ahrens jane@gmail.com); New London Day (legal@theday.com) Subject: FI court fencing for publication Attachments: FI court fencing.doc Importance: High New London Day—please publish in the 8/16 edition of your paper in the legal notice section,thank you. To be billed to Southold Town Board/Town Clerk Fishers Island—please publish/post in a public place,thanks. I 1 TOWN OF SOUTHOLD 53095 MAIN ROAD, SOUTHOLD, NEW YORK 11971 PHONE: 631-765-1283 / FAX: 631-765-9015 INVITATION TO BID NOTICE IS HEREBY GIVEN THAT SEALED PROPOSALS ARE SOUGHT AND REQUESTED FOR THE FOLLOWING: BID NAME: "FISHERS ISLAND BASKETBALL AND TENNIS COURT FENCING" Definite specifications may be obtained at the Southold Town Clerk's Office beginning August 16,2018 PLACE OF OPENINGS: DATE OF OPENINGS: TIME OF OPENINGS: TOWN OF SOUTHOLD September 6, 2018 2:00 PM TOWN CLERKS OFFICE 53095 MAIN ROAD SOUTHOLD,NY 11971 CONTACT PERSON: Jeff Standish Town of Southold, 631-765-1283 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 I:00PM on August 21, 2018 at the tennis courts and basketball court located across the street from the Fishers Island Community Center located at 66 Hound Lane on Fishers Island,New York. The Town of Southold welcomes and encourages minority and women-owned businesses to participate in the bidding process. Southold Town Board - Letter Board Meeting of August 8, 2018 RESOLUTION 2018-737 Item# 5.7 ADOPTED DOC ID:,14392 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-737 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 8, 2018: RESOLVED, that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for fencing around tennis and basketball courts located on Fishers Island, all in accordance with specifications supplied by the Town Engineers office. v�� Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: James Dinizio Jr, Councilman SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans,Russell Generated August 13, 2018 Page 11 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, September 6, 2018, at which time they will be publicly opened and read aloud, for the Fishers Island Basketball and Tennis Court Fencing. Definite specifications may be obtained at the Office of the Southold Town Clerk during normal business hours beginning August 16, 2018. Request for additional information or inquiries should be addressed to the Jeff Standish, Southold Town Hall, PO Box 1179, Southold,NY 11971. Telephone: (631) 765-1283. 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 FI Court Fencing", 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: August 8, 2018 ELIZABETH A.NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON AUGUST 16, 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 TOWN OF SOUTHOLD FISHERS ISLAND BASKETBALL AND TENNIS COURT FENCING CONSTRUCTION SPECIFICATIONS SOUTHOLD, SUFFOLK COUNTY,NEW YORK 15 Prepared B TOWN OF SOUTHOLD Engineering Department 53095 Main Road Southold,New York 11971 August 16, 2018 (631) 765-1560 TOWN OF SOUTHOLD 53095 MAIN ROAD, SOUTHOLD, NEW YORK 11971 PHONE: 631-765-1283 / FAX: 631-765-9015 INVITATION TO BID NOTICE IS HEREBY GIVEN THAT SEALED PROPOSALS ARE SOUGHT AND REQUESTED FOR THE FOLLOWING: BID NAME: "FISHERS ISLAND BASKETBALL AND TENNIS COURT FENCING" Definite specifications may be obtained at the Southold Town Clerk's Office beginning August 16,2018 PLACE OF OPENINGS: DATE OF OPENINGS: TIME OF OPENINGS: TOWN OF SOUTHOLD September 6,2018 2:00 PM TOWN CLERKS OFFICE 53095 MAIN ROAD SOUTHOLD,NY 11971 CONTACT PERSON: Jeff Standish Town of Southold, 631-765-1283 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 1:00PM on August 21, 2018 at the tennis courts and basketball court located across the street from the Fishers Island Community Center located at 66 Hound Lane on Fishers Island,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 FISHERS ISLAND BASKETBALL AND TENNIS COURT FENCING Title Page ------ Invitation to Bid ------ Table of Contents ------ Instructions to Bidders IB-1 thru I13-6 Standard Insurance Requirements SIR 1 thru SIR 3 General Conditions GC-1 thru GC-12 Conditions of Contract CC-1 thru CC-18 Proposal Form Package Pages 1 - 11 Qualification of Bidders QS-1 thru QS-4 Contract Agreement A-1 thru A-3 NYS Wage Rates ------ Technical Specifications Divisions 1-2 Contract Drawings INSTRUCTIONS TO BIDDERS INDEX 1. Receipt and Opening of Bids 2. Form,Preparation and Presentation of Proposal 3. Bid Security 4. Qualifications of Bidders 5. Rejection of Bids 6. Bidders Responsibility 7. Construction Terms and Conditions 8. Security for Faithful Performance and Maintenance 9. Bid Reservations 10. Non-Collusive Statement 11. Addenda and Interpretations 12. Method of Award 13. Single Price Bid Analysis 14. Municipal Exempt Status 15. Labor Law 16. Wage Rates 17. Insurance Required by the Town of Southold 18. Quantities . IB - 1 INSTRUCTIONS TO BIDDERS 1. RECEIPT AND OPENING OF BIDS The Town of Southold invites bids on the forms herein provided for the Fishers Island Basketball and Tennis Court Fencing located across the street from the Fishers Island Community Center at 66 Hound Lane on Fishers Island, 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, September 6ffi, 2018, at which time they will be opened and publicly read aloud. All bids received after the time stated for the opening in the Notice to Bidders may not be considered and will be returned unopened to the bidder. The bidder assumes the risk of any delay in the mail or in the handling of the mail by employees of the Town. Whether sent by mail or by means of personal delivery, the bidder assumes responsibility for having his bid deposited on time at the place specified. Faxed bids will not be accepted. 2. FORM,PREPARATION AND PRESENTATION OF PROPOSAL The Proposal Form as issued by the Town shall be completely filled in, in black ink or typed on the original bid form. No photocopies will be accepted. All blank spaces for bid prices must be filled in, in both words and figures, with a total or gross sum for which the bid is made. All lines must have an indication of the bidder's response whether it be "0", "N/A", "No Charge", or a dollar figure. All lines must be filled in to indicate bidder's acknowledgement of the request. Bids that do not have all applicable lines filled in on the bid proposal form may be disqualified as a non-responsive bid. We cannot assume there is "no charge" when lines are left empty. Bids that contain any omission, erasure, alteration, addition or items not called for in the itemized bid form or that contain irregularities of any kind will not be accepted. In case of discrepancy between the unit price and total amount bid for any item, the unit price, as expressed in words, shall govern. The following two items will automatically render a bid unacceptable to the Town of Southold: a. Failure to sign bid proposal page. b. Failure to include necessary bid security deposit(as required). It shall be fully understood that any deviations from the inclusion of the above items will be grounds to see the bid as non-compliant and will not be considered for award. 3. BID SECURITY (a) The Bid must be accompanied by a certified check on a solvent bank or trust company with its principal place of business in New York State, or an acceptable bid bond, in an amount equal to not less than five percent (5%) of the total amount bid,made payable to the Town of Southold (herein identified as Owner), as assurance that the bid is made in good faith. The certified checks or bid bonds of unsuccessful bidders will be returned after execution of the Contract between the Owner and the successful bidder; the certified check or bid bond of the successful bidder will be retained until filing and approval of the Performance 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 bonds required within ten (10) days after the date of notice of the acceptance of his bid, shall forfeit to the Owner, as liquidated damages for such failure or refusal, the security he deposited with his bid. 4. QUALIFICATIONS OF BIDDERS (a) Forms for qualifications of bidders, giving evidence of sufficient facilities, equipment, experience and financial ability to insure completion of the work are provided with the bid specification package, and shall be filled out by the contractor and returned with the bid submission. (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. 113 - 3 INSTRUCTIONS TO BIDDERS (c) The submission of a bid will be construed to mean that the bidder is fully informed as to the extent, cost, and character of the materials, labor, and equipment required to complete the proposed job in accordance with the Plans and Specifications, including all other expenses incidental thereto. (d) Bidders must examine the Plans and Specifications and exercise their own judgment as to the nature and amount of the whole of the work to be done, and for the bid prices, must assume all risks of variance by whomsoever made in computation or statement of amounts or quantities necessary to fully complete the work in strict compliance with the Contract Documents. (e) The Bidder shall assume all risks and responsibility and shall complete the work in whatever material and under whatever conditions he may encounter or create, without extra cost to the Town. (f)No pleas of ignorance or misunderstanding of conditions that exist or that may hereafter exist, or of conditions or difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary examinations and investigations, will be to fulfill in every detail all of the requirements of the Contract Documents, or will be accepted as a basis for any claims whatsoever for extra compensation, or for an extension of time. 7. CONSTRUCTION TERMS AND CONDITIONS The successful bidder is warned that the work specified in the Conditions of Contract, together with the Instructions to Bidders, Proposal Form, General Conditions, Plans, Specifications and instructions of the Engineer or his duly authorized representative will be rigidly enforced. 8. SECURITY FOR FAITHFUL PERFORMANCE AND MAINTENANCE The successful bidder shall be required to execute a Performance Bond equal to one hundred percent (100%) of the amount bid, such bonds to be executed by a New York licensed insurance carrier/surety company with an A rating or better from A.M. Best & Co. and acceptable to the Owner; or bonds secured by collateral; or securities approved by the Owner. The Performance Bond shall be written so as to remain in full force and effect as a maintenance bond for a period of not less than one(1)year after the date of final acceptance of the work. The successful bidder,upon failure to execute and deliver the bonds required within ten(10) days after the date of notice of award, shall forfeit to the Owner, as liquidated damages for such failure or refusal,the security deposited with his bid, and he will be liable for and he agrees to pay to the Owner on demand, the difference between the price bid and the price for which such contract shall subsequently be re-let including the cost of such re-letting less the amount of such deposit. No plea of mistake in such accepted bid shall be available to the bidder for recovery of his deposit or as a defense to any action upon accepted bid unless said mistake can be proven by documentary evidence acceptable to the Town. After approval of the bonds and execution of the Contract and after ten (10) percent of the work has been completed,the bid security accompanying the bid will be returned. IB -4 INSTRUCTIONS TO BIDDERS 9.BID RESERVATIONS Bids submitted shall remain in effect for forty-five (45) days past the date of bid opening. This period may be extended, for the benefit of the Town, by mutual agreement between the Bidder and the Purchasing Agent. 10.NON-COLLUSIVE STATEMENT The form of non-collusion bidding certification contained in the proposal package must be executed by the Bidder and submitted with the proposal. The submission of this statement certifies that the prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor. 11. ADDENDA AND INTERPRETATIONS Every request for information or interpretation of the Contract Documents or Drawings must be addressed in writing to the Town Engineering Department of Southold 53095 Main Road Southold, New York 11971 (fax) 631-765-9015, and to be given any consideration, must be received at least five (5) days prior to the date fixed for the opening of bids. Any such interpretations or supplemental instructions will be in the form of written addenda, and will be mailed or faxed to all prospective bidders. The failure of any bidder to receive any such addenda will not relieve the bidder of any obligation under his bid as submitted. Any addenda so issued shall become part of the Contract Documents. 12. METHOD OF AWARD The bid will be awarded to the lowest responsive, responsible bidder, as will best promote the public interest, taking into consideration the reliability of the bidder, the quality of the materials, equipment, or supplies to be furnished, and conformity with the specifications. 13. SINGLE PRICE BID ANALYSIS In the event a single bid is received,the Town will conduct a price analysis of the bid price prior to the award of the contract. 14.MUNICIPAL EXEMPT STATUS The Town is exempt from the payment of Federal, State and local taxes. Taxes must not be included in proposal prices. 15. LABOR LAW The Contractor and each and every subcontractor performing work at the site of the project to which this Contract relates shall comply with the applicable provisions of the Labor Law, as IB - 5 INSTRUCTIONS TO BIDDERS amended, of the State of New York. 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 Town 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 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 Contractor,NAMING THE CONTRACTOR 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 Description;`of operations/locations/etc.`Box must includel e statement: "THE,TOWN OF SOUTHOLD„IS LISTED AS ADDITIONAL INSURED µ: _ CERTIFICATE HOLDER SHALL.BE LISTED,AS: g -TO "OF SOUTHOLD' , ES :53095MAIN ROA . SOUTH6 I NY '•11971 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, Performance Bonds, and all supplemental agreements made or to be made. CONTRACTOR: The party of the second part hereto, whether corporation, firm or individual, or any combination thereof, and successor, personal representatives, executors, administrators and assigns, and any person, firm or corporation who or which shall at any time be substituted in place of the second part under this Contract. INSPECTOR: An authorized representative of the Owner or his Engineer assigned to make any and all necessary inspections of the work performed and the materials furnished by the Contract. MATERIALS: Any approved materials acceptable to the Engineer and conforming to the requirements of these Specifications. WORK: All of the work proposed to be accomplished at the site of the project, and all such other work as is in any manner required to accomplish the complete project. This includes all plant,labor, materials, supplies, equipment and other facilities and acts necessary or proper or incidental to the carrying out and completion of the terms of this Contract. The term "work performed" shall be construed to include the material delivered to and suitably stored at the site of the project. 2. STANDARDS OF WORKMANSHIP: The apparent silence of the Specifications as to any detail or an apparent omission from them of a detailed description concerning any work to be done and materials to be furnished shall be regarded as meaning that only the best general practice observed in the latest current construction work is to prevail and that only material and workmanship of first quality is to be used in this connection and all interpretations of these Specifications shall be made upon this basis. GC - 2 GENERAL CONDITIONS 3. SAMPLES: The Contractor shall furnish for approval, all samples as directed. The work shall be in accordance with approved samples. Samples shall be submitted in ample time so as to prevent delay in fabrication or ordering of materials, allowing for a reasonable time for the Engineer to consider the samples submitted and, if necessary,to permit a resubmission of samples to the Engineer until approval is given. Work and material shall be furnished and executed in accordance with approved samples, in every aspect. Each sample shall be labeled, bearing material, name and quality, Contractor's name, date and other pertinent data. Unless otherwise specified, samples shall be in duplicate and of adequate size to show quality, type, color, range and finish and texture of material. Materials shall not be ordered until approval is received in writing from Engineer. 4. MANUFACTURED MATERIALS: Where several materials are specified by name, the Engineer shall have the right,before execution of the Contract,to require any and all bidders to state the materials upon which they based their bid. Where any materials are specified by name or trade name, or by catalog number of a company or companies, the Contractor shall furnish the article mentioned unless approval of the Engineer is obtained in writing for a substitution. Should Contractor desire to substitute another material for one or more specified by name,he shall apply in writing for such permission and state credit or extra involved. He shall also provide supporting data and samples for Engineer's consideration. Unless particularly specified otherwise, all manufactured articles, materials and equipment shall be applied, assembled, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer and including the necessary preparation to properly install the work. Where reference is made to manufacturer's directions, the Contractor shall submit such directions to the Engineer as required. The materials used in construction shall be disposed as not to endanger the work, and so that full access may at all times be had to partly completed work and structures and they shall be so disposed as to cause no injury to those having access to the work or any of the units. All labor shall be performed in the best and most workmanlike manner by mechanics skilled in their respective trades. Standards of work required throughout shall be of such grades as will bring first- class results only. The type of labor employed by the Contractor shall be such as will insure the uninterrupted continuity of the entire work, without conflict of any kind. 5. LABORATORY: Laboratories shall be designated by the Engineer for testing the materials to be used under the Contract. Where tests are made by other than the designated laboratories, two certified copies showing correctly the chemical analysis and physical tests shall be furnished to the Engineer. 6. SHOP DRAWINGS: The Contractor shall submit to the Engineer six (6) copies of all shop drawings and schedules and no work shall be fabricated until his approval has been given. All shop drawings submitted to the Engineer must be in English, and must bear the Contractor's stamp of approval evidencing that the drawings have been checked. GC - 3 GENERAL CONDITIONS The Contractor will make any corrections in the drawings required by the Engineer and will file with the Engineer four corrected copies. Approval by the Engineer of such drawings or schedules shall not relieve the Contractor from responsibility for (a) errors of any sort in shop or setting drawings or schedules; or (b) deviations from Plans and Specifications unless the Contractor, at the time of submission of said drawings and schedules, has given notice to the Engineer of any such deviations. 7. PERMITS: 7.1 Municipal: All work in connection with the installation of pipes or other underground structures of a like nature either within or without the limits of the highway, shall follow all the provisions as contained herein together with the provisions, as they apply, of the Highway Law (Town Code) with all subsequent changes, additions or corrections thereto. A. The Contractor shall obtain from the Building Department a certificate of occupancy, whenever the scope of work of the Contract provides for the construction of a building or structure, or for modification or alteration of a building or structure, so that a certificate of occupancy, or a revised certificate of occupancy is required under state and/or local law. The Owner shall be responsible for obtaining the building permit and permit(s)pre-requisite thereto, including but not limited to the following, unless Contractor is specifically required to obtain the same pursuant to other provisions of this document: (1) Building permit (2) Fire prevention permit (3) Health Department/Application to construct a) Sanitary system including SPDES permit b) Hazardous materials storage The following additional permits when required under law shall also be obtained by the Owner: (1) NYSDEC permit(s) (2) Town Division of Environmental Protection (3) Suffolk County Farmland Committee (4) U.S. Army Corp of Engineers The Contractor shall give all notices, and comply with all laws, ordinances, rules, regulations and conditions of the permits, bearing on the conduct of the work as drawn and specified, and shall be responsible for acquisition of all pertinent information necessary for such compliance. The Contractor shall be responsible for: (1) Coordinating all building department and other department and agency inspections and approvals, (2) Obtaining U.L. approvals, (3) Health Department inspections and approvals, (4) Obtaining final certificate of occupancy. On projects involving multiple contracts, it shall be the responsibility of the "General Contractor"to GC -4 GENERAL CONDITIONS coordinate with the building department and other agencies and"to obtain the certificate of occupancy. It shall be the responsibility of the mechanical contractors (prime contractors other than the G.C.) to coordinate inspections and approvals of that part of the project, which falls within the scope of their contract with the G.C., and/or as may be appropriate, directly with the approving agency. In the event that one or more of the contractors on a multi-contract project fails to perform the work in a timely manner, thereby causing undue delay in the completion of the project, and the issuance of the certificate of occupancy, the owner shall in that event, have the option to exercise "The owners right to stop work or terminate contract" as provided for in the conditions of the contract. B. Pipes and Underground Structures: All work in connection with the installation of pipes or other underground structures of a like nature either within or without the limits of the highway, shall follow all the provisions, as they apply, of the Highway Law As per Town Code Standards) with all subsequent changes, additions or corrections thereto. C. Any work to be performed within the Town Highway right-of-way will require a Town Highway Department road-opening permit. Obtaining of the permit and subsequent release/approval shall be the responsibility of the Contractor. Acceptance of the contractor's performance bond in lieu of the Contractors road-opening bond shall be at the option of the Highway Department. 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 famished, performed and done as if the same were both mentioned in the Specifications and shown on the Drawings. Any conflict or inconsistency between the Plans and Specifications, or any discrepancy between the figures and scale of Drawings, shall be submitted by the Contractor to the Engineer, whose decision thereon shall be conclusive. In the event the meaning of any portion of the Specifications or Drawings or any supplementary drawings or instructions of the Engineer is doubtful,the same shall be understood to call for the best type of construction,both as to materials and workmanship,which reasonably can be interpreted. All materials and workmanship must be strictly in accordance with the Specifications. The Plans show approximate size, arrangement and location of the proposed work. The Engineer will give base lines, grades, shapes and dimensions and the Contractor shall construct the work exactly in accordance with such instructions of the Engineer subject, however, to change as provided for under the headings "Changes and Alterations" and "Compensation to be Paid to the Contractor". Additional copies of Plans and Specifications, when requested,will be furnished to the Contractor at cost of reproduction. The Contractor shall furnish to each of the subcontractors and materialmen such copies of the Contract Documents as may be required for their work. GC - 6 GENERAL CONDITIONS 9. CUTTING, PATCHING AND DIGGING: The Contractor shall do all cutting, fitting or patching of his work that may be required to make its several parts come together properly and fit it to receive or be received by work of other contractors shown upon or reasonably implied by Drawings and Specifications for the completed structure, and he shall make good after them as Engineer may direct. Any cost caused by defective or ill-timed work shall be borne by the party responsible therefor. The Contractor shall not endanger any work by cutting, digging or otherwise, and shall not cut or alter the work of any other contractor save with the consent of the Engineer. 10. ERRORS, OMISSIONS AND DISCREPANCIES: a) If any errors, omissions or discrepancies appear in the drawings, Specifications or other documents, the Contractor shall, within ten days from receiving such Drawings, Specifications or documents, notify the Engineer in writing of such errors or omissions. In the event of the Contractor's failing to give such notice, he will be held responsible for the results of any such errors or omissions and the cost of rectifying the same. b) If, in the opinion of the Contractor, any work is shown on Drawings, or details, or is specified in such a manner as will make it impossible to produce a first class piece of work, or should discrepancies appear between the Drawings and/or Specifications, he shall refer the same to the Engineer for interpretation before proceeding with the work. If the Contractor fails to make such references to the Engineer, no excuse will thereafter be entertained for failure to carry out the work in satisfactory manner as directed. c) Should a conflict occur in or between the Drawings and Specifications and/or existing conditions, the Contractor shall be deemed to have estimated on the more expensive way of doing the work, unless he shall have asked for and obtained a decision in writing from the Engineer, before the submission of bids, as to which method or material will pfoduce the results to the best interest of the Town. 11. TEMPORARY OFFICE & TOILET: The Contractor shall provide an office trailer for use by the town and its representatives. The trailer shall be climate controlled and have a clean plan table, desk and chair provided inside. The Contractor shall provide and maintain a sanitary temporary toilet where directed by the Engineer. The temporary toilet shall be enclosed and weatherproof and kept in a sanitary condition at all times. Upon removal of the temporary outside toilet,the vault shall be disinfected, filled and all evidence of the toilet removed from the site. 12. PROPER METHOD OF WORK AND PROPER MATERIALS: The Engineer shall have the power in general to direct the order and sequence of the work, which shall be such as to permit the entire work under this Contract to be begun and to proceed as rapidly as possible and such as to bring the several parts of the work to a successful completion at about the same time. If at any time before the commencement or during the progress of the work the materials and appliances used or to be used appear to the Engineer as insufficient or improper for assuring the GC - 7 GENERAL CONDITIONS quality of the work required, or the required rate of progress, he may order the Contractor to increase their efficiency or to improve their character, and the failure of the Engineer to demand any increase of such efficiency or improvement shall not release the Contractor from his obligation to secure the quality of work or the rate of progress specified. During freezing or inclement weather, no work shall be done except such as can be done satisfactorily and in a manner to secure first-class construction throughout. All work shall be done in such a manner as will properly protect and support existing permanent structures,pipe lines, etc. 13. INSPECTION: Inspectors shall be authorized to inspect all work done on materials furnished. Such inspections may extend to all parts of the work and to the preparation or manufacture of the materials to be used. In case of any dispute arising between the Contractor and the Inspector as to materials furnished or the manner of performing the work, the Inspector shall have the authority to reject material or suspend the work until the question at issue shall be referred to and decided by the Engineer. The Inspector shall not be authorized to revoke, alter, enlarge, relax or release any requirements of these Specifications, nor to approve or accept any portion of the work, nor to issue instruction contrary to the Plans and Specifications. The Inspector shall in no case act as foreman or perform other duties for the Contractor or interfere with the management of the work by the latter. Any advice, which the Inspector may give the Contractor, shall in no way be construed as binding the Engineer nor the Owner in any way nor releasing the Contractor from the fulfillment of the terms of the Contract. The Contractor shall be conclusively presumed to be acquainted with all existing conditions and to guarantee that all work and materials shall, upon final completion of the work, be turned over to the Owner in a complete and perfect condition and he shall be responsible for the proper care, maintenance and protection of all work and material until his entire Contract is completed and all work and materials found in good condition and accepted. The Contractor will be held responsible for the entire work until completed and accepted by the Engineer and the Owner. The Contractor shall, at all times,provide the Owners,Engineer, assistants and inspectors under him with necessary facilities for determining both on the work and at the places of manufacture, that all work being performed and all materials being manufactured are strictly in accord with the Contract. Until acceptance of work by the Owner, the Contractor shall be responsible for all damages to the work including action of the elements or any other cause whatsoever. The Contractor shall continuously and adequately protect the work against damage from any cause. 14. WAIVER: Neither the inspection by the Owner or Engineer or any part of their employees nor any order, measurement or certificate by the Engineer nor any order by the Owner for the payment of any money nor any payment for or acceptance of, the whole or any part of the work by the Engineer or the Owner nor any extension of time nor any possession taken by the Owner or its employees shall operate as a waiver of any provision of this Contract or of any power herein reserved to the Owner or any right to damages herein provided; nor shall any waiver of any breach of the Contract constitute a waiver of any subsequent breach. Any remedy provided in this Contract shall be construed as cumulative; that is in addition to each and every remedy herein provided. GC - 8 GENERAL CONDITIONS 15. WATER AND ELECTRIC POWER: All water and electric power supply for construction purposes must be provided by the Contractor. The cost shall be borne by the Contractor. 16. MACHINERY AND EQUIPMENT: All machinery, equipment, trucks and vehicles used in the prosecution of the work or in connection therewith, shall at all times be in proper working condition. The Contractor shall be responsible for curtailing noise, smoke, fumes or any other nuisance resulting from his operations. He shall, upon written notification from the Engineer, make any repairs, replacements, adjustments, additions, and furnish mufflers when necessary to fulfill these requirements. 17. MAINTENANCE: If, within one year from the date of issuance of the Final Certificate, any portion of the work shall, in the opinion of the Owner,require repairing,replacing, or rebuilding,the Contractor shall start such repairs within five (5) days after the receipt of notice from the Owner, and if the Contractor shall fail or neglect to start such repairs within the said five '(5) days, the Owner may employ such other person or persons as they deem proper to make such repairs and pay the expense thereof out of any sum retained by them, provided nothing herein contained shall limit the liability of the Contractor or his Surety to the Owner for nonperformance of the Contractor's obligations at any time. 18. SCHEDULE OF OPERATIONS: Within 5 days after the signing of the Contract, the Contractor shall submit a proposed program of operations, showing clearly how he proposes to conduct the work so as to bring about the completion of his work within the time limit specified. This program shall outline the proposed sequence of operations, the rates of progress and the dates when his work will be sufficiently advanced to permit the installation of work under this Contract. 19. RIGHT TO USE WORK: The Owner may enter upon and use the whole or any portion of the work, which may be in condition to use any time previous to its final acceptance by the Owner. Such use shall not constitute or be evidence of acceptance by the Owner or the Engineer of the whole or any part of the material furnished or work performed under the Contract. 20. NOTICE OF WARNING: If the Contractor shall fail to make prompt payment to persons supplying labor or materials for the work, or refuse or fail to supply enough properly skilled workmen or proper materials or refuse or fail to prosecute the work or any part thereof with such diligence as will insure its completion within the period herein specified (or any duly authorized extension thereof) or fail to complete the work within said period or fail or refuse to regard laws, ordinances, codes, instructions of the Engineer, then the Engineer shall forward by registered mail to the Contractor, at the address given in the Contract, a Notice of Warning, and in the event the Contractor fails to comply with said Notice of Warning within five(5) days from receipt thereof,the Owner shall have the right to terminate the Contract. 21. WARNING SIGNS: Contractor shall provide and maintain proper luminous warning and detour signs where directed by the Engineer. Obstructions such as stored materials, equipment and excavations shall be marked with not less than two lights,which shall be not more than 4 feet apart. All lights shall be kept burning from one-half hour before sunset to until one-half hour after sunrise. GC - 9 GENERAL CONDITIONS 22. ACCIDENT PREVENTION: During the performance of the work, the Contractor shall exercise all reasonable precautions for the protection of persons and property. The safety provisions of applicable laws, building and construction codes shall be observed. Machinery, equipment and all other physical hazards shall be guarded in accordance with the safety provisions of the Manual of Accident Prevention in Construction published by the Associated General Contractors of America to the extent that such provisions are not inconsistent with Federal, State or Municipal laws or regulations. If any operation, practice or condition is deemed by the Engineer to be unsafe, he shall notify the Contractor in writing to take corrective action. Where, in the opinion of the Engineer, any operation, practice or condition shall be promptly discontinued and before the affected part of the work is resumed,remedial action taken. The Owner reserves the right to remedy any neglect on the part of Contractor as regards the protection of the work which may come to its attention, after 24 hours'notice in writing; except that in cases of emergency it shall have the right to remedy any neglect without notice, and in either case to deduct the cost of such remedy from money due the Contractor. Nothing in the foregoing paragraphs shall be construed as relieving the Contractor from full responsibility at all times for safe prosecution of the work. 23. DAMAGES: The Contractor shall pay and make good all losses or damages arising out of any cause connected with the Contract and shall indemnify and save harmless the Owner from any and all claims and any and all liability or responsibility of every nature and kind for any loss, damage or injury which may be brought against the Owner or any of its officers or agents, by reason of, or connected with the work or materials furnished under the Contract and shall pay all costs and expenses of every kind, character, and nature whatever, occurring upon or arising out of the Contract. 24. MAINTENANCE OF TRAFFIC: All work under this Contract is to be completed within the time indicated in the Contract Agreement or as extended by the Owner. If in the meantime it should become necessary, because of the lateness of the season, or any other reason to stop the work, the Contractor shall at his own expense, open proper drainage ditches, erect temporary structures where necessary, prepare the roads so there will be minimum interference with traffic, set up and maintain a competent organization as directed by the Engineer, to keep the highways in first class condition for traffic, and take every precaution to prevent any damage or unreasonable deterioration of the work during the time it is closed. 25. FINAL SITE CLEARING: Before final payment will be approved, the Contractor shall prepare the construction areas as follows: All basins, manholes and pipe as constructed shall be cleaned free from accumulated construction dirt, silt, form work, etc., and all proper restoration as called for in the items of the Specifications shall be complete in every detail. The Contractor shall clean all construction areas free from accumulated forms, excavation fill, construction materials and construction shanties. All areas shall be completed in every detail and shall be broom cleaned from excess dirt and materials. GC - 10 GENERAL CONDITIONS 26. PROTECTION OF LAND MARKERS, TREES, SHRUBS, AND PROPERTY: Wherever in the conduct of the work, a monument marking a point of public or private survey is encountered or brought to view by excavation, the fact shall at once be communicated to the Engineer. In no case shall the Contractor remove the same until the location for resetting shall have been made by the Engineer. All monuments or land markings exposed to view when the work is first undertaken shall be carefully preserved and the greatest care exercised to prevent injury to or disturbance of position of the same. The unit price of all items shall include the cost of restoring to its former condition any sidewalks or curbs, as well as restoring any trees, shrubs or lawns that may be damaged during this construction. No additional payment will be made. The Contractor is required at his own expense to obtain any and all permits for use of private property if he uses such property for storage, transportation or accomplishment of the work under the Contract. Private property shall be cleaned up neatly, any damage repaired and premises restored to their original condition. 27. PROTECTION OF UTILITIES: The Contractor shall familiarize himself with the existence of structures of municipal and other public service corporations on or adjoining the site of the work, and give reasonable opportunity to and cooperation with the owners of these utilities in the work of reconstructing or altering them. Such reconstruction and alteration shall be so conducted as to delay or interfere as little as practicable with the work of the Contractor. Any additional cost of various items of work because of these utilities shall be included in the price bid for these items. The Engineer shall direct the public utility corporations to shift or remove those utility structures that may be necessary to permit the Contractor to carry out the work in accordance with the Plans. The Contractor shall not remove or cause to be removed, any structure or part of a structure owned by a public utility corporation without the approval of the Engineer. The Contractor shall cooperate with the public utility corporation whose structures (aerial, surface or subsurface) are within the limits of or along the outside of the right-of-way, to make it possible for them to maintain uninterrupted service. The Contractor shall conduct his operations in such a way as to delay or interfere as little as practicable with the work of the utility corporation. 28. NO DAMAGES FOR DELAY: Notwithstanding any other provisions to this Contract, the Contractor agrees to make no claim for damages for delay in the performance of this Contract occasioned by any act of the Town or any of its representatives, and agrees that any such claim shall be fully compensated for by an extension of time to complete performance of the work as provided herein. This provision shall not apply to any act or omission to act of the Town or any of its representatives, wherein the same is done in bad faith and with deliberate intent to delay the Contractor in the performance of this Contract. 29. RECORD KEEPING: The Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance under this contract (hereinafter the "records"). The records must be kept for the balance of the contract term and for six (6) years thereafter. GC - 11 GENERAL CONDITIONS 30. SUBCONTRACTORS AND SUPPLIERS: Within five days after receipt from the Engineer of notice to begin work, the Contractor will furnish written notice of names of all subcontractors to be employed on the project and the general items of work to be done by them. Simultaneously, the Contractor shall furnish written notice of the names of suppliers of materials to be used on the project. The Owner may disapprove for good cause any subcontractor or material supplier selected by the Contractor by giving written notice of its disapproval within five (5) days after receiving the names of subcontractors and material suppliers, to the Contractor who shall thereupon promptly notify the Owner of the names of the subcontractor or material supplier selected in replacement which shall again be subject to approval by the Owner. 31. PENAL LAW: Attention is called to Section 1918 of the Penal Law as follows: Construction or blasting near pipes conveying combustible gas No person shall discharge explosives in the ground,nor shall any person other than a state or county employee regularly engaged in the maintenance and repair thereof excavate in any then existing street, highway, or public place, unless notice thereof in writing shall have been given at least seventy-two hours in advance to the person, corporation or municipality engaged in the distribution of gas in such territory. The person having direction or control of such work shall give such notice, and further he shall ascertain whether there is within one hundred feet in such street, highway or public place, or in the case of a proposed discharge of explosives within a radius of two hundred feet of such discharge, any pipe of any other person, corporation or municipality conveying combustible gas, and if thereby any such pipe, he shall also give such notice to any other such person, corporation or municipality. Provided, however,that in any emergency involving danger to life, health, or property it shall be lawful to excavate without using explosives if the notices prescribed herein are given as soon as reasonably possible, and to discharge explosives to protect a person or persons from an immediate and substantial danger of death or serious personal injury if such notices are given before any such discharge is undertaken. Any such work shall be performed in such manner as to avoid danger to any pipe conveying combustible gas. Any violation of the provisions of this section shall be a misdemeanor. GC - 12 CONDITIONS OF CONTRACT INDEX 1. Contract Documents and Definitions 2. Scope of the Work 3. Compensation to be paid to the Contractor 4. Time of Essence 5. Commencement of Work 6. Time of Completion 7. Liquidated Damages for Delays 8. Extension of Time. No Waiver 9. Weather 10. Contract Security 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 WORD 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 premiums upon the performance bond of the Contractor and the use of small tools. 4. TIME OF ESSENCE INASMUCH AS THE PROVISIONS OF THIS CONTRACT RELATING TO THE TIME 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 THIRTY (30) CONSECUTIVE CALENDAR DAYS from the date the contract is signed by all parties. The date of such completion shall be the date of the Certification of Completion herein specified. The entire work must be satisfactorily completed so that the project improvements are available to the Town for use. CC -3 CONDITIONS OF CONTRACT The Owner reserves the right to order the Contractor to suspend operations, when in the opinion of the Engineer, improper weather conditions make such action advisable, and to order the Contractor to resume operations when weather and ground conditions permit. The days during which such suspension of work is in force are not chargeable against the specified completion date. 7. LIQUIDATED DAMAGES FOR DELAYS The time limit being essential to and of the essence of this Contract,the Contractor hereby agrees that the Owner shall be, and is hereby authorized to deduct and retain out of the money which may be due or may become due to said Contractor under this agreement, the sum of One Thousand Five Hundred ($1,500.00) per day which amount is hereby agreed upon, fixed and determined by the parties hereto as the liquidated damages, including overhead charges, services, inspector's wages and interest on the money invested, that the Owner will suffer by reason of such default, for each and every day during which the aforesaid work may be incomplete over and beyond the time herein stipulated for its completion in 6 — Time of Completion, provided, however,that the Owner shall have the right to extend the time for the completion of said work. 8. EXTENSIONS OF TIME. NO WAIVER If the Contractor shall be delayed in the completion of his work by reason of unforeseeable causes beyond his control and without his fault or negligence, including but not restricted to, acts of God or of the public enemy,fires, floods, epidemics, quarantine restrictions, strikes,riots, civil commotion's or freight embargoes, the period herein above specified for completion of his work shall be extended by such time as shall be fixed by the Owner. No such extension of time shall be considered a waiver by the Owner of its right to terminate the Contract for abandonment or delay by the Contractor as hereinafter provided, or 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 SECURITY (a) The Contractor shall furnish a Performance Bond, or other acceptable security, equal to one hundred percent (100%) of the amount of the bid as security for the faithful performance of the Contract, and for the payment of all persons performing labor or furnishing materials in connection with this Contract. The Performance Bond shall be written so as to remain in full force and effect as a maintenance bond for a period of not less than one (1) year after the date of acceptance of the work by the Engineer. CC -4 CONDITIONS OF CONTRACT (b)Additional or Substitute Bond: If at any time the Owner shall be or become dissatisfied with any surety or sureties, or if for any other reason such bond shall cease to be adequate security to the Owner, the Contractor shall within five (5) days after notice from the Owner to do so, substitute an acceptable bond in such form and sum and signed by such other surety as may be satisfactory to the Owner. The premiums on such bonds shall be made until the new surety shall have been qualified. 11. LAWS AND ORDINANCES In the execution of the Contract, the Contractor shall comply and obey all federal, state, county and local laws, ordinances, codes and regulations relating to the performance of the Contract, including but not limited to, labor employed thereon, materials supplied, obstructing streets and highways, maintaining signals, storing, handling and use of explosives and all other general ordinances and state statutes affecting him or his employees or his work hereunder in his relations with the Municipality or any other persons, and also all laws, codes, ordinances controlling or limiting the Contractor while engaged in executing the work under the Contract. As a condition of the Contract, the Contractor shall and does hereby agree to comply with all requirements of the labor laws of the State of New York. The Contractor shall comply with the provisions of Sections 291- 299 of the Executive Law and Civil Rights Law, shall furnish all information and reports deemed necessary by the State Commission for Human Rights, the Attorney General and the Industrial Commissioner for purposes of investigation to ascertain compliance with such sections of the Executive Law and Civil Rights Law. The Contract may be forthwith cancelled, terminated or suspended, in whole or in part, by the contracting agency upon the basis of a finding made by the State Commission for Human Rights that the Contractor has not complied with these laws. The Contractor hereby expressly agrees to comply with all the provisions of the Labor Law and any and all amendments thereto, insofar as the same are applicable to this Contract. The Labor Law, as amended, provides that no laborer, workman or mechanic in the employ of the Contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by this Contract, shall be permitted or required to work more than eight (8) hours in any one (1) calendar day, except in cases of extraordinary emergency caused by fire, flood or danger to life or property; that no such person shall be employed more than eight (8) hours in any day or more than five (5) days in any week expect in such emergency; that the wages to be paid for a legal day's work as herein before defined, to laborers, workmen or mechanics upon the work called for under this Contract or upon any material used upon, or in connection therewith, shall not be less than the prevailing rate for a day's work in the same trade or occupation in the locality within the state where such work is to be done and each laborer, workman or mechanic employed by the Contractor, subcontractor or other person about or upon the work shall be paid the wages herein provided; that employees engaged in the construction, maintenance, and repair of highways and in water works construction outside the limits of cities CC - 5 CONDITIONS OF CONTRACT and villages are no longer exempt from the provisions of the Labor Law which require the payment of the prevailing rate of wages and the eight(8)hour day. Section 222 of the Labor Law, as amended by Chapters 556 and 557 of the Laws of 1933, provides that preference in employment shall be given to citizens of the State of New York who have been residents of Suffolk County for at least six (6) consecutive months immediately prior to the commencement of their employment. Each person so employed shall furnish satisfactory proof of residence in accordance with rules adopted by the Industrial Commissioner. Persons other than citizens of the State of New York shall be employed only when such citizens are not available. Section 222 further provides that upon the demand of the State Industrial Commissioner,the Contractor shall furnish a list of names and addresses of all his subcontractors and further provides that a violation of this section shall constitute a misdemeanor and shall be punishable by a fine of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00) or by imprisonment for not less than thirty nor more than ninety days, or both fine and imprisonment. Section 220-A of the Labor Law, as amended by Chapter 472 of the Laws of 1932,provides that before payment is made by or on behalf of the State of any city, county, town or village or other civil division of the state of any sums due on account of a contract for a public improvement, it is the duty of the Comptroller or the financial officer of the Municipal Corporation to require the Contractor and each and every subcontractor to file a certified statement in writing, in satisfactory form, certifying to the amounts then due and owing to any and all laborers for daily or weekly wages on account of labor performed upon the work of the Contractor, setting forth therein the names of the persons whose wages are unpaid and the amount due each respectively. Section 220-B of the Labor Law, as so amended, provides that any interested person who shall have previously filed a protest in writing objecting to the amounts due or to become due to him for daily or weekly wages for labor performed on the public improvement for which the Contract was entered into, or if for any reason, it may be deemed advisable, the Comptroller of the State or financial officer of the Municipal Corporation may deduct from the whole amount of any payment on account thereof of the sums or sum admitted by any contractor or subcontractor in such statement or statements so filed to be due and owing by him on account of labor performed and may withhold the amount so deducted for the benefit of the laborers for daily or weekly wages, whose wages are unpaid as shown by the verified statements filed by any contractor or subcontractor and may pay directly to any person the amount or amounts so shown to be due for such wages. Section 220-C of the Labor Law, as so amended,provides the penalty for making of a false oath or verification. Section 220-D of the Labor Law provides that the advertised Specifications for every contract for the construction, reconstruction, maintenance and/or repair of highways to which the State, county, town and/or village is a party shall contain a provision stating the minimum rate of hourly wage that can be paid, as shall be designated by the Industrial Commissioner, to the laborers employed in the performance of the Contract either by the Contractor, subcontractor or other person doing or contracting to do the whole or part of the work contemplated by the CC - 6 CONDITIONS OF CONTRACT Contract, and the Contract shall contain a stipulation that such laborers shall be paid not less than such hourly minimum rate of wage. Any person or corporation that willfully pays, after entering into such Contract, less than such stipulated minimum hourly wage scale shall be guilty of a misdemeanor and upon conviction; shall be punished for a first offense by a fine of Five Hundred Dollars ($500.00) or by imprisonment for not more than thirty (30) days, or both by fine and imprisonment; for a second offense by a fine of One Thousand Dollars ($1,000.00) and in addition thereto, the Contract on which the violation has occurred shall be forfeited, and no such person or corporation shall be entitled to receive any sum nor shall any officer, agent or employee of the State pay the same or authorize its payment from.the funds under his charge or control to any person or corporation for work done upon any contract, on which the Contractor has been convicted of second offense in violation of the provisions of this section. The minimum wage rates established by the Industrial Commissioner, State of New York, for this Contract are set forth herein above as part of"Instructions to Bidders". 12. QUALIFICATIONS FOR EMPLOYMENT No person under the age of sixteen(16)years and no person currently serving sentence in a penal or correctional institution shall be employed to perform any, work on the project under this Contract. No person whose age or physical condition is such as to .make his employment dangerous to his health or safety or to the health or safety of others, shall be employed to perform any work on this project; provided, however, that such restrictions shall not operate against the employment of physically handicapped persons, otherwise employable, where each person may be safely assigned to work which they can ably perform. 13. NON-DISCRIMINATION There shall be no discrimination because of race, creed, color, national origin, age or sex in the employment of persons for work under this Contract, whether performed by the Contractor or any subcontractor. Neither shall the Contractor and subcontractor or any person acting on behalf of the Contractor or subcontractor discriminate in any manner against or intimidate any employee hired for the performance of work under this Contract on account of race, creed, color, national origin, age or sex. There may be deducted from the amount payable to the Contractor by the Owner under this Contract a penalty of Five Dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of this paragraph; provided that for a second or any subsequent violation of the terms of this paragraph, this Contact may be canceled or terminated by the Owner and all monies due or to become due hereunder may be forfeited. 14. PAYMENT OF EMPLOYEES The Contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this Contract in full (less deductions made mandatory by law) in cash or company check and not less often than once each week. CC -7 CONDITIONS OF CONTRACT 15. ESTIMATES &PAYMENTS (a) Monthly: At the end of each calendar month during the progress of the work, the Engineer shall make an approximate estimate of the work satisfactorily done, based upon the prices set forth in the Proposal Form. In consideration of the work done,the Owner will pay or cause to be paid to the Contractor the amount estimated by the Engineer as due him less five (5)percent. The making of any such estimate or payment made thereon shall not be taken or construed as an acceptance by the Owner of any work so estimated and paid for. The five percent (5%) of the amount of the monthly estimate remaining unpaid will be retained by the Owner as a guarantee that the Contractor will faithfully and completely fulfill all obligations imposed by the Contract and Specifications, and against any damages caused the Owner by reason of any failure on the part of the Contractor to fulfill all conditions and obligations herein contained. (b) Final Estimate: One month after the completion and acceptance of the work specified and contracted for, the Engineer will make a final estimate of all the work done. Thereafter, the Owner will pay the full amount, less prior payments, less any amounts retained to complete the work according to the provisions of the Specifications, less any money paid by the Owner by reason of said Contractor having failed to carry out faithfully and completely all the obligations and requirements herein contained. Upon final settlement, according to the conditions herein specified and not until such settlement shall have been made, will the Contractor be relieved from the obligations assumed in the�Contract. (c) Measurement for Payment: The Engineer shall make due measurement of work done during the progress of the work and his estimate shall be final and conclusive evidence of the amounts of work performed by the Contractor under, and by virtue of, this agreement and shall be taken as full measure of compensation to be received by the Contractor. When requested by the Contractor, the Engineer shall measure, re-measure or re-estimate any portion of the work, but the expense of such re-measurement or re-estimating shall, unless material error is proved, be paid for by the Contractor. (d) No payments will be made for materials delivered to the site which have not been incorporated into the work. (e) Contractors and subcontractors are required to submit to the Town, within thirty days after issuance of the first payroll, and every thirty days thereafter, a transcript of the original payroll record, subscribed and affirmed as true under the penalties of perjury. CC - 8 CONDITIONS OF CONTRACT 16. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE The acceptance by the Contractor of the final payment shall be and shall operate as a release to the Owner from all claims and all liabilities to the Contractor for all the things done or furnished in connection with this work and for every act and neglect of the Owner and others relating to or arising out of, this work, excepting the Contractor's claims for interest upon the final payment, if this payment be improperly delayed. No payment, however, final or otherwise, shall operate to release the Contractor or his sureties from any obligations under this Contract or the Performance 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: (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 or the Performance Bond. 29. WEATHER CONDITIONS In the event of temporary suspension of work or during inclement weather or whenever the Engineer shall direct, the Contractor will, and will.cause his subcontractors to protect carefully his and their work and materials against damage or injury from the weather. If in the opinion of the Engineer any work or material shall have been damaged or injured by reason of failure on the part of the Contractor or any of his subcontractors to protect'his or their work, such work and materials shall be removed and replaced at the expense of the Contractor. 30. THE OWNER'S RIGHT TO WITHHOLD PAYMENTS The Owner may withhold from the Contractor so much of any approved payments due him as may, in the judgment of the Owner,be necessary: (a) To assure the payment of just claims then due and unpaid of any persons supplying labor or materials for the work; (b)To protect the Owner from loss due to defective work not remedied; or (c) To protect the Owner from loss due to injury to persons or damage to the work,or property of other contractors or subcontractors or others, caused by the act or neglect of the Contractor or any of his subcontractors. The Owner shall have the right, as agent for the Contractor to apply such amounts so withheld in such manner as the Owner may deem proper to satisfy such claims or to secure such protection. Such applications of such money shall be deemed payments for the account of the Contractor. CC - 13 CONDITIONS OF CONTRACT 31. THE OWNER'S RIGHT TO STOP WORK OR TERMINATE CONTRACT If, (a) The Contractor shall be adjudged bankrupt or make an assignment for the benefit of creditors; or (b) A receiver or liquidator shall be appointed for the Contractor for any of his property and shall not be dismissed within 20 days after such appointment, or, the proceedings in connection therewith shall not be stayed on appeal within the said 20 days; or (c) The Contractor shall refuse or fail, after notice or warning from the Engineer, to supply enough properly skilled workmen or proper materials; or (d) The Contractor shall refuse or fail to prosecute the work or any part thereof with such diligence as will insure its completion within the periods herein specified(or any duly authorized extension thereof) or shall fail to complete the work within said periods; or (e) The Contractor shall fail to make prompt payments to persons supplying labor or materials for the work; or (f) The Contractor shall fail or refuse to regard laws, ordinances or the instructions of the Engineer or otherwise be guilty of a substantial,violation of any provisions of this Contract; 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 "Fishers Island Basketball and Tennis Court Fencing" PROPOSAL PACKAGE BID OPENS: September 6, 2018 REMINDER NOTE!! ! : VENDORS MUST RETURN THIS DOCUMENT INTACT AND FILLED OUT COMPLETELY! ! (Do Not Sign the Contract Agreement. It is included only for informational purposes, and will be signed by the successful bidder after award of contract.) All line items on the Proposal Form must be filled in! All lines must have an indication of the bidder's response whether it is a dollar figure or No Bid. Please DO NOT remove any pages from this bid package! ! ! Thank you! Proposal Package 1 of 9 BIDDER'S CHECK LIST Your response to our above referenced bid will be considered unresponsive and will be rejected if the following forms are not included at the time of the bid opening. ❑ Notarized Affidavit of Non-Collusion as required by NYS Law. ❑ A Bid Deposit in the amount of Five Percent of Bid Price as required in the Invitation to Bid. ❑ As per specifications,the Town of Southold requires a current insurance certificate, with the Town of Southold listed as additional insured, to be on file in the Purchasing Department. You will be given ten (10)business days from notice of award to supply this form or the bid will be rescinded. ❑ Vendor Information Sheet and Address Record Form. ❑ Assumed Name Certification. ❑ Bidder's Qualification Statement. NOTE: Please do NOT sign the Contract Agreement. It is included only for informational purposes and will be signed by the successful bidder after award of the contract. Proposal Package 2 of 9 VENDOR NAME: VENDOR INFORMATION SHEET TYPE OF ENTITY:CORP. PARTNERSHIP INDIVIDUAL FEDERAL EMPLOYEE ID #: OR SOCIAL SECURITY#: DATE OF ORGANIZATION: IF APPLICABLE: DATE FILED: STATE FILED: If a non-publicly owned Corporation: CORPORATION NAME: LIST PRINCIPAL STOCKHOLDERS: (5% of outstanding shares) LIST OFFICERS AND DIRECTORS: NAME TITLE ........................................000..0....■.............................■1 If a partnership: PARTNERSHIP NAME: LIST PARTNERS NAMES: Proposal Package 3 of 9 ADDRESS RECORD FORM MAIL BID TO: VENDOR NAME: ADDRESS: CONTACT: TELEPHONE: FAX: E-MAIL: ONLY if different - MAIL PURCHASE ORDER TO: ADDRESS: TELEPHONE: FAX: CONTACT: E-MAIL: ONLY if different - MAIL PAYMENT TO: ADDRESS: TELEPHONE: FAX: CONTACT: E-MAIL: Proposal Package 4 of 9 VENDOR NAME: ASSUMED NAME CERTIFICATION *If the business is conducted under an assumed name, a copy of the certificate required to be filed under the New York general business law must be attached. ASSUMED NAME: If the bidder is an individual, the bid must be signed by that individual; if the bidder is a corporation, by an officer of the corporation, or other person authorized by resolution of the board of directors, and in such case a copy of the resolution must be attached; if a partnership, by one of the partners or other person authorized by a writing signed by at least one general partner and submitted with the bid or previously filed with the Purchasing Agent. The submission of this constitutes a certification that no Town Officer has any interest therein. (Note: In the event that any Town Officer has any such interest, the full nature thereof should be disclosed below. It is not forbidden that individuals working for the Town of Southold or other municipality bid on contracts only that such interest be revealed when they do bid.) INSURANCE STATEMENT Bidder agrees as follows -please mark appropriate box: F-1Insurance Certificate as requested is attached I certify that I can supply insurance as specified if awarded the bid ❑ Insurance Certificate filed on DATE FAILURE TO PROVIDE SPECIFIED INSURANCE SHALL DISQUALIFY BIDDER. AUTHORIZED SIGNATURE Proposal Package 5 of 9 AFFIDAVIT OF NON-COLLUSION I hereby attest that I am the person responsible within my firm for the final decision as to the prices(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: 1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose of restricting competition with any other contractor,bidder or potential bidder. 2. Neither the price(s), nor the amount of this bid, have been disclosed to any other firm or person who is a bidder or potential bidder on this project, and will not be so disclosed prior to bid opening. 3. No attempt has been made or will be made to solicit, cause or induce any firm or person to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non-competitive bid or other form of complementary bid. 4. The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from any firm or person to submit a complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase of materials or services from any other firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by any firm or person to refrain from bidding or to submit a complementary bid on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any project, in consideration for my firm's submitting a complementary bid, or agreeing to do so, on this project. 7. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in this affidavit. The person signing this bid, under the penalties of perjury, affirms the truth thereof. SWORN TO BEFORE ME THIS Signature&Company Position DAY OF 20 Type Name&Company Position Company Name NOTARY PUBLIC Date Signed Federal I.D.Number Proposal Package 6 of 9 THE PROPOSAL FORM Fishers Island Basketball and Tennis Court Fencing VENDOR NAME: VENDOR ADDRESS: TELEPHONE NUMBER: FAX: The undersigned bidder has carefully examined the Contract Documents and will provide all necessary labor, materials, equipment and incidentals as necessary and called for in the said Contract Documents in the manner prescribed therein and in said Contract, and in accordance with the requirements of the Engineer, at the prices listed on the attached Bid Proposal Form. If the bidder is an individual, the bid must be signed by that individual; if the bidder is a corporation, the bid must be signed by an officer of the corporation, or other person authorized by resolution of the board of directors, and in such case a copy of the resolution must be attached; if a partnership, by one of the partners or other person authorized by a writing signed by at least one general partner and submitted with the bid documents. The submission of this constitutes a certification that no Town Officer has any interest therein. (Note: In the event that any Town Officer has any such interest, the full nature thereof should be disclosed below. It is not forbidden that individuals working for the Town of Southold or other municipalities bid on contracts, but only that such interest be revealed when they do bid.) The undersigned hereby acknowledges receipt of the following Addenda(if none were issued please write N/A below): Addendum No. Dated Proposal Package 7 of 9 Fishers Island Basketball and Tennis Court Fencinq 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 Install Tennis Court Fencing 1 2 for /LS Dollars Cents Install Basketball Court Fencing 2 1 for /LS Dollars Cents TOTAL BASE BID Items(Add All Items) Dollars Cents (Numerically) WRITTEN IN WORDS NOTE: The Town of Southold reserves the right to increase,decrease,or eliminate in its entirety any or all items prior to or after award of the bid. Proposal Package 8 of 9 AUTHORIZED SIGNATURE PRINT NAME TITLE DATE ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF ) ss.: On the day of in the year 2018 before me, the undersigned, personally appeared, , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument,the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. NOTARY PUBLIC Proposal Package 9 of 9 Town of Southold BIDDER'S QUALIFICATION STATEMENT The signatory of this questionnaire certifies under oath the truth and correctness of all statements and of all answers,to interrogatories hereinafter made. SUBMITTED BY: A Corporation A Partnership or Entity FIRM NAME: An Individual PRINCIPAL OFFICE: PRINCIPAL OFFICERS: BACKGROUND TITLE NAME ADDRESS PROFESSION/TRADE 1. How many years has your organization been in business under its present business name? 2. You normally perform what percent of the work with your own forces? % List trades that you organization normally performs below: 3. Have you ever failed to complete any work awarded to you? .If so, note where and why. 4. Are there any claims,judgments, arbitration proceedings or suits pending or outstanding against your firm or its officers?If yes,please provide details. QS-1 5. Has your firm requested arbitration or filed any lawsuits with regard to construction contracts within the last five years?If yes, please provide details. 6. List the major construction projects your organization has underway at this date: Name of: Engineer/ Project Owner Architect Contract Percent Scheduled Name Telephone# Telephone# Amount Complete Completion 7. List five major projects you organization has completed in the past five years: Name of: Engineer/ Work Done Project Owner Architect Contract Date of With Own Forces Name Telephone# Telephone# Amount Completion % of Work QS-2 8. List the construction experience of the principal individuals of your organization (particularly the anticipated project supervisors): Present Type of Work Position Years of For Which In What Individual's Name Of Office Experience Responsible Ca aci 9. Do you have, or can you obtain, sufficient labor and equipment to commence work when required and complete the work within the Contract Time? 10. Bank References: 11. Trade Association Membership: 12. Has your firm ever been investigated by the New York State Department of Labor for prevailing wage rate violations?If yes,when?What was the outcome of the investigation? QS-3 13. Attach current state of financial conditions showing assets, liabilities and net worth. Failure to attach the required documentation may be considered non-responsive on the part of the Bidder and may result in rejection of the Bidder's Proposal. STATE OF ) COUNTY OF ) being duly sworn deposes and says that he is the of contractor and that answers to the foregoing questions and all statements therein contained are true and correct. (Signature of person who signed bid) Sworn to before me this day of ,2018 Notary Public Commission Expiration Date: QS-4 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 Fishers Island Basketball and Tennis Court Fencing. 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), Performance Bond, Conditions of Contract, General Conditions, Detailed Specifications, Contract Drawings, Addenda, and this Agreement, hereto annexed and made a part hereof, and hereinafter collectively referred to as "Contract Documents". SECOND: In Consideration of the Contractor performing this Contract in the manner herein stated and as stated in the Contract Documents, the Owner promises and agrees to pay or cause to be paid to the Contractor the sums of money mentioned in said Contract Documents in the manner and under the conditions therein provided. THIRD: The Contractor covenants and agrees that, anything in this Contract or in the Contract Documents to be contrary notwithstanding, or regardless of any matter, thing, contingency of condition unforeseen or otherwise, present or future, the Contractor shall not be entitled to receive any additional or further sums of money than the amounts in said Contract Documents provided; and the failure of the Owner or its agents to insist upon strict performance of any of the terms, covenants, agreements, provisions or conditions in this Agreement or in the Contract Documents, on any one or more instances, shall not be construed as a waiver or relinquishment for the future of any such terms, covenants, agreements, provisions and conditions and the same shall be and remain in full force and effect with power and authority on the part of the Owner to enforce the same or cause the same to be enforced at any time, without prejudice to any other rights which the Owner may have against the Contactor under this Agreement or the Contract Documents. A-1 Terms used in the Agreement which are defined in Article 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 �wOF NEkT�o Andrew M.Cuomo,Governor �vQ' Roberta Reardon,Commissioner O Town of Southold Schedule Year 2018 through 2019 Michael Collins,Town Engineer Date Requested 08/14/2018 Town of Southold PRC# 2018009840 53095 Main Road Southold NY 11971 Location Fishers Island Courts Project ID# Project Type Installation of perimeter fencing for one basketball court and two tennis courts on Fishers Island 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 2018 through June 2019. All updates, corrections, posted on the 1st business day of each month, and future copies of the annual determination are available on the Department's website www.labor.state.ny.us. Updated PDF copies of your schedule can be accessed by entering your assigned PRC# at the proper location on the website. It is the responsibility of the contracting agency or its agent to annex and make part, the attached schedule, to the specifications for this project, when it is advertised for bids and /or to forward said schedules to the successful bidder(s), immediately upon receipt, in order to insure the proper payment of wages. Please refer to the "General Provisions of Laws Covering Workers on Public Work Contracts" provided with this schedule, for the specific details relating to other responsibilities of the Department of Jurisdiction. Upon completion or cancellation of this project, enter the required information and mail OR fax this form to the office shown at the bottom of this notice, OR fill out the electronic version via the NYSDOL website. NOTICE OF COMPLETION / CANCELLATION OF PROJECT Date Completed: Date Cancelled: Name &Title of Representative: Phone: (518)457-5589 Fax: (518)485-1870 W Averell Harriman State Office Campus, Bldg. 12, Room 130,Albany, NY 12240 www labor.state.ny us. PW 200 PWAsk@labor state.ny us DIVISION 1 -GENERAL REQUIREMENTS TOWN OF SOUTHOLD FISHERS ISLAND BASKETBALL AND TENNIS COURT FENCING 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 FISHERS ISLAND BASKETBALL AND TENNIS COURT FENCING is located across the street from the Fishers Island Community Center at 66 Hound Lane on Fishers Island, Town of Southold, Suffolk County,New York and more particularly shown on the Contract Plans. BACKGROUND Perimeter fencing will be constructed around the existing basketball court and both existing tennis courts. The new fencing shall be constructed as specified in these contract documents and in a manner that is complete and compliant in all respects. The contractor shall notify the Town of any conflicts prior to the beginning of any work 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. Bidders are advised that a pre-bid site visit is scheduled for 1:00PM on August 21, 2018, and it is Strongly Recommended that each bidder attend this site visit. C. The project site is located on the southerly side of Hound Lane across the street from the Fishers Island Community Center and approximately 800' westerly of the Fishers Island Ferry Terminal. This contract includes all travel, material deliveries and all related transportation to and from Fishers Island. D. In general,the work shall include but not be limited to the following: • Installation of a perimeter fence around the basketball court • Installation of a perimeter fence around both tennis courts • Restoration of all disturbed areas of the site to pre-construction condition F. Without restricting the generality of the foregoing and for the convenience of each Contractor, the items of work are specified under the Standard 16 Uniform Divisions of the Construction Specifications Institute as follows: 1 General Requirements 2 Site Work 3 Concrete DIVISION 1 - Page 2 of 13 DIVISION 1 - GENERAL REQUIREMENTS 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 other public service corporations on or adjoining the site of the work and give reasonable DIVISION 1 -Page 3 of 13 DIVISION 1 - GENERAL REQUIREMENTS 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 by the Engineer. The Contract shall, within five (5) days after signing of the Contract, DIVISION 1 -Page 4 of 13 DIVISION 1 - GENERAL REQUIREMENTS 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: FENCE PROJECT FISHERS ISLAND COURTS and comprise Drawings SP-1 and A-1. CLEAN-UP The Contractor shall at all times keep the construction area, including storage areas used by him, free from accumulation of waste material and rubbish and prior to completion of the work, remove any rubbish from and about the premises. Upon completion of the construction, the Contractor shall leave the work premises in a clean, neat and workmanlike condition satisfactory to the Engineer. GUARANTEES A. Before issuance of the final certificate, the Contractor shall deliver to the Owner the following guarantees in addition to those specifically required in the General Conditions and in the various technical sections. B. The Contractor hereby guarantees that all materials and workmanship installed under his respective contract to be new and of good quality in every respect and to remain so for a period of one (1) year or for longer periods where so provided for in the Specifications, from the date of issuance of the Final Certificate by the Engineer. C. Should any defects develop in the aforesaid work within the stipulated periods due to DIVISION 1 -Page 5 of 13 DIVISION 1 - GENERAL REQUIREMENTS 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, heat, ventilation, telephone service (including fax machine),water and sanitary facilities. B. Temporary Controls — Barriers, enclosures and fencing, protection of the Work, and water control. C. Construction Facilities — Access roads, parking, progress cleaning, project signage, and temporary buildings. TEMPORARY ELECTRICITY The Electrical Contractor shall be responsible for providing and paying for the temporary electric power for construction to an established point proximate to the construction area. The temporary service shall be installed within 30 days of the award of the contract. The Electrical Contractor shall be responsible for providing temporary electric power to all trades, for the duration of the proj ect. TEMPORARY WATER SERVICE A. The Contractor shall provide temporary water service for construction purposes, sanitary facilities, fire protection and for cleaning. B. Potable water shall be furnished for construction personnel by portable containers. C. Water service shall be protected from freezing, and the service shall be extended and relocated as necessary to meet temporary water requirements. D. The Contractor shall install a meter and pay for all expenses associated with temporary water service during the course of the work, including furnishing all necessary permits and fees required for temporary water service. E. Comply with all applicable codes and arrange for all necessary inspections and approvals. F. Upon completion of all work, the Contractor shall disconnect and remove all temporary connections and fixtures. 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 1 - GENERAL REQUIREMENTS use of construction personnel. The Contractor shall observe and enforce all sanitary regulations and maintain satisfactory sanitary conditions around and on all parts of the work. B. Adequate washing facility shall be provided for the construction personnel. C. The Contractor shall maintain, service, clean, and disinfect facilities in a satisfactory manner and enforce proper use of the sanitary facilities. D. The Contractor shall be subject to a fine and prosecution if any human excrement is deposited in or around the construction site. E. The Contractor shall pay for all expenses associated with temporary sanitary facilities during the course of the work, including furnishing all necessary permits and fees required for temporary sanitary facilities. F. Comply with all applicable codes and arrange for all necessary inspections and approvals. FIRST-AID FACILITIES AND ACCIDENTS A. The Contractor shall provide, at the site, such equipment and facilities as are necessary to supply first-aid to any of his personnel who may be injured in connection with the work. B. Accident 1. The Contractor shall promptly report in writing to the Engineer all accidents and whatsoever arising out of, or in connection with, the performance of the work, whether on or adjacent to the site, which cause death,personal injury or property damage, giving full details and statements of witness. 2. If death or serious injuries or serious damages are caused, the accident shall be reported immediately by telephone or messenger to both the Owner and the Engineer. 3. If any claim is made by anyone against the Contractor or a Subcontractor on account of any accidents, the Contractor shall promptly report the facts in writing to the Engineer, giving full details of the claim. WATER CONTROL A. Grade site to drain. Maintain excavations free of water. Provide, operate and maintain pumping equipment. B. Protect site from puddling or running water. Provide water barriers as required to protect site from soil erosion. DIVISION 1 -Page 9 of 13 DIVISION 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 1 I of 13 DIVISION I - GENERAL REQUIREMENTS SECTION 01501 —HEALTH AND SAFETY PROVISIONS REQUIREMENTS A. The Contractor shall be responsible to maintain a safe workplace and to monitor working conditions at all times during construction and, as necessary, to provide appropriate protective clothing, equipment and facilities for his personnel, and/or to establish work place procedures to ensure their safety, and to enforce the use of these procedures, equipment and/or facilities in accordance wit the following guidelines: 1. Safety and Health Regulations Promulgated by the U.S. Department of Labor OSHA, 29 CFR 1910 — Occupational Safety and Health Standards, and 29 CFR 1920—Safety and Health Regulations for Construction. 2. U.S. Environmental Protection Agency Medical Monitoring Program Guidelines. B. If, at any time, the Owner or the Engineer is apprised of a safety hazard which demands immediate attention because of its high potential for harm to public travel, persons on or about the work, or public or private property, the owner of the Engineer shall have the right to order such safeguards to be erected and such precautions to be taken as necessary and the Contractor shall comply with such orders. If, under such circumstances, the Contractor does not or cannot or his representative is not upon the site so that he can be notified immediately of the insufficiency of safety precautions, the Owner may put the work into such a condition that it shall be, in his opinion, in all respects safety, and the Contractor shall pay all expenses of such labor and materials as may have been used for this purpose by him or by the Owner. The fact that the Owner or the Engineer does not observe a safety hazard or does not order the Contractor to take remedial measures shall in no way relieve the Contractor of the entire responsibility for any costs or claims for loss, damage, or injury by or against any part sustained on account of the insufficiency of the safety precautions taken by him or by the Owner acting under authority of this Section. C. It is the responsibility of the Contractor to take appropriate safety precautions to meet whatever conditions of hazard may be present during the performance of the work, whether reasonably foreseeable or not. The Contractor is alerted to the fact that it shall be his sole responsibility to anticipate and provide such additional safety precautions, facilities, personnel and equipment as shall be necessary to protect life and property from whatsoever conditions of hazard are present or may be present. END OF SECTION 01501 —HEALTH AND SAFETY PROVISIONS DIVISION 1 -Page 12 of 13 DIVISION 1 - GENERAL REQUIREMENTS SECTION 01502—ENVIRONMENTAL PROTECTION WORK INCLUDED A. The Contractor shall furnish all labor, equipment and materials required for environmental protection during and as the result of construction operations under this Contract except for those measures set forth in other provisions of the Contract Plans and Specifications. Environmental protection requires consideration of air, water and land, and involves noise and solid waste management as well as other pollutants. RELATED SECTIONS A. Section 01500—Construction Facilities and Temporary Controls APPLICABLE REGULATIONS A. In order to prevent environmental pollution and to provide for environmental protection arising from construction activities related to the performance of this Contract, the Contractor and his subcontractors shall comply with all applicable Federal, State and local laws and regulations concerning environmental protection, as well as the specific requirements stated in this Section and elsewhere in the Contract Specifications. END OF SECTION 01502—ENVIRONMENTAL PROTECTION DIVISION 1 -Page 13 of 13 DIVISION 2-SITE WORK GENERAL The work under this Division shall be subject to the requirements of the GENERAL CONDITIONS, CONDITIONS OF CONTRACT, DRAWINGS, PLANS, ADDENDA and other Contract documents. Refer to the Contract Drawings and Specifications of other trades and Contractors for items, which might affect the work under this Division. TABLE OF CONTENTS-DIVISION 02000 -SITE WORK Included in this Division are the following sections: 02050- Site Demolition 02200 - Site Preparation DIVISION 2 - I 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, concrete and door entryway to the Recreation Center. 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 453 of Title 12, of the Official Compilation of Codes, Rules and Regulations of the State of New York. B. Notify all utility companies, prior to start of work and ascertain location of all existing utilities. C. Exercise extreme caution in the area of existing utilities so as not to cause damage or breakage. D. The Contractor shall verify all elevations and satisfy themselves as to their correctness by visiting the site of the proposed work and examining the actual condition prior to the beginning of the work. ADJUST AND CLEAN A. The Contractor shall clean up and remove from the site all rubbish and surplus material as fast as it accumulates and shall not permit it to be scattered about the project site. PROTECTION OF EXISTING VEGETATION A. Top soil cover over root systems of existing trees and shrubs shall be minimized and never exceed 6 inches in depth. B. Trenching across tree root systems should be a minimum distance to the tree diameter in inches, converted to feet, from the tree trunk. (e.g. 10-inch caliper tree shall have a minimum of 10 feet distance between trunk and trench.) Tunnels under the root system should start 18 inches or deeper below existing grade. Tree roots, which must be DIVISION 2 - 3 of 4 DIVISION 2 - SITE WORD 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 M A T E RG A L 8 NOTES: * ALL FENCE POSTS AND RAILS SHALL BE VINYL COATED, HOT DIPPED GALVANIZED. GATE POST: 4"Diameter SCHEDULE 40 - W/Black Vinyl * ALL FITTINGS SHALL BE HOT DIPPED GALVANIZED, EXCEPT FOR EYE CAPS, CORNER TERMINAL POST: 4"Diameter SCHEDULE 40 - W/Black Vinyl CAPS & RAIL ENDS WHICH SHALL BE CAST ALUMINUM. CORNER POST: 4"Diameter SCHEDULE 40 - W/Black Vinyl � •, * ALL CHAIN LINK VINYL CLAD WIRE FABRIC SHALL BE TIED TO THE UPRIGHT POSTS, LINE POST: 3"Diameter SCHEDULE 40 - W/Black Vinyl TOP RAIL: 1-5/8"Diameter SCHEDULE 40 - W/Black Vinyl INTERMEDIATE RAIL, TOP RAIL& BOTTOM RAIL WITH 6 GAGE ALUMINUM TIES SET NO FURTHER THAN 12" O.C. BOTTOM RAIL: 1-5/8"Diameter SCHEDULE 40 - W/Black Vinyl BRACE RAIL: 1-5/8"Diameter SCHEDULE 40 - W/Black Vinyl• * EACH GATE SHALL BE SUPPLIED WITH APPROVED LOCK, CHAIN &TRIPLICATE KEYS. TRUSS ROD: 0.5"Diameter SOLID GALV. ROD &TURNBUCKLE FENCE LINE SHALL ALIGN EVENLY IN ALL ASPECTS•AND BE SET JUST OUTSIDE OF GATE FRAMES: 2"Diameter SCHEDULE 40 - W/Black Vinyl. THE COURT SURFACES. V U) ° W = m .9 0 V Q A 1�1 C is•1 IGAT E RA� Q 0 o HCo 'O 00 co 10, W "�. E ysRS/ s W 0 G IVA 1 ATE GATE ' 10Y : ■■ H GATE L 13 V .q IC CA 5� �p HO (rte Imo , 60'x 120' +/- °' t ii' t � IZ W � xZ/ 3 FISHERS ISLAND LL LL ®l"� FERRY TERMINALCD l:l�J t (" _ ■ W ate' i�h� �+ i �7 0r=�\ O !' iii N PROJECT 3i r t ^ f a c LOCATION i i r�F®R/ �5(X to 3 -..-..-..-..-.._..-.._.....- ' LX----------------- _ �• 4 aura` ''l `gi: ( 3'„"'� ``� `�14 � .'r-`i._ vq FOX E � � to Drawing: SCHEMATIC SITE PLAN LOCATION ' _ - sp 1 SCALE: N. T. S. KEY MAP Sheet# 1 of 2 10'-0" 4'-0" 10'-0" Vinyl Clad Chain S— TE Link Fabric-6 Gage With 2"Mesh. �01��G�O��I �0M7n �l Top Cap,Typical Typical.Top Rail Top Rail, Typical g0�l�C�p��i1� Top Rail,Typical Stretcher Bar, �C�� 1 �711C��1Q Typical Vinyl Clad Chain Link Fabric- I @�O 6 Gage Black Vinyl Clad Fabric x 0 With 2"Mesh. Typical. ��Q' � c a, = Q 4'.0" yEro co GATE �tvy W H Line Post � Bottom Rail,Typical. � FINISH m W FINISH GRADE `" Basketball Court Surface Bottom Rail Bottom Rail T `" GRADE ' 0 >+ Set all Posts immediately Outside of Court Surface r Gate Post _ _ +�+ Line Post 3,000 PSI Concrete Post L J L J 3,000 PSI Concrete Post H C Encasement. Typical Encasement. Typical V C H i p� dt = N UJ ° uUuy'. "' s = � . a !L H 101-01. 4'-0' 101.0" 0 L16 LL Q Top Cap,Typical 4 T Top Rail,Typical Top Rail Top Rail, T picalI ~ t W � o � Vinyl Clad Chain w w N } Vinyl Clad Chain Link Fabric- Stretcher Bar, 0 0 O o Link Fabric-6 Gage Z 6 Gage Black Vinyl Clad Fabric With 2"Mesh. Typical cn r Z In With 2"Mesh. Typical. i– x Iii y � Typical. Intermediate Rail, x x 0 r' a s [� o 0 c yp I I Typical = 0 v Q V o w Brace Rail/Intermediate Rail v = .J fn c Intermediate Brace Rail os race, P. Each Gate o Z o a N `� W Adjacent to each Gate& z -' m o Each Corner. I 4•"0�� I '(yp' UJ `O w t 00 o� o GATE s moa+ � Y r —' C Line Post Bottom Rail,Typical. . 10 s a m O N O a = FINISH GRADE iv Bottom Rail Bottom Rail T iv FINISH 0 fa Tennis Court Surface6GRADE r' �� N Set all Posts immediately c Outside of Tennis Court Surface Gate Post c H p ' [� U) Line Post M T 18-4 3,000 PSI Concrete Post L JL J L J 3,000 PSI Concrete Post L Drawing: Encasement. Typical 48;- Encasement. Typical /i! 3 E C 7 � 0 [M E W E L E V A Sheet# 2 of 2