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HomeMy WebLinkAboutAsphalt Concrete - New Suffolk Avenue RECEIVED APR 2 3 1981 Tows Qe* TOWN OF SOUTHOI.D SUFFOLIK C'OUN'TY NEW YORK M CONTRACT AND SPECIFICATIONS' FOR F'URNISHTNG AND I,.A.CTNG BAST' COURSE A.-SPIIALT CGjIX,R-E'7'E, ON NEW SUFFOLK AVI:,"fV ,' PROJECT NO. SORT 81-64 TOT'':rN BOARD all f:Y'J.1SJr' William R. Pell IIZ Councilmen Henry W. Drum Franca.:• rf'. Marphy Larry W. Murdock Jobtri J. Nic les Justice Francis T. Doyen SUPT. OF H:f GHI,%IAYS `f(WIN7 k'"''LE''RK Raymond C. Dean ,JudLth '3'. 'i'e:try APRTL 1981 Holzmacher, McLendon and Murrell, P.C.1 H2M Corp. Consulting Engineers, Planners and Environmental Scientists Melville,N.Y. Farmingdale,N.Y. Riverhead,N.Y. Newton.N.J. HOLZMACHER,McLENDON&MURRELL,P.C.I H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS INDEX TOWN OF SOUTHOLD , FURNISHING AND PLACING BASE COURSE ASPHALT CONCRETE ON NEW SUFFOLK AVENUE PAGE index I - 1 page Notice to Bidders NB - 1 page information for Bidders IB - 11 pages Proposal P-A thru P-D Indemnity, Limitation of Liability ILL - 1 page Contract C - 28 pages General Specifications GS - 2 pages Technical Specifications TS - 3 pages I-1 HOLZMACHER, McLENDON& MURRELL, P.C.I H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS NOTICE TO BIDDERS w NOTICE IS HEREBY GIVEN that SEALED BIDS will be received by the Town Clerk of the Town of Southold at the Town Hall , Main Road, Southold, New York, until 3 : 00 P.M. , prevailing time, on Thursday, April 30, 1981 , at which time and place they will be publicly opened and read for the following contract: FURNISHING AND PLACING BASE COURSE ASPHALT CONCRETE ON NEW SUFFOLK AVENUE The above item must conform to the Specifications of the Suffolk County Department of Public Works for Item 45SP - Base Course Asphalt Concrete Type 1A. Specifications may be obtained on or after April 23 , 1981 at the Town Hall and offices of the Consulting Engineers, HOLZMACHER, McLENDON & MURRELL, P.C. , 209 West Main Street, Riverhead, New York, 11901, and 125 Baylis Road, Melville, New York, 11747 , upon deposit of twenty-five dollars ($25 . 00) for each set furnished. Deposits for Specifications will be refunded to bidders who return Specifications within ten (10) days in good condition; other deposits will either be partially or not refunded if the Specifications have not been returned in good condition within thirty (30) days after bids have been opened. Each Proposal must be accompanied by a certified check or bid bond in the amount of five percent (5%) of the total bid, made payable to William R. Pell, III , Supervisor, Town of Southold, as set forth in the Information to Bidders. The Town reserves the right to reject any or all bids, to waive any informalities and to accept such alternate bid which, in the opinion of the Town Board, will be in the best interests of the Town. BY ORDER OF THE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK JUDITH T. TERRY, TOWN CLERK TOWN OF SOUTHOLD SOUTHOLD, NEW YORK 11971 7 DATED: APRIL 21, 1981 NB-1 HOLZMACHER, McLENDON 6 MURRELL. P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS INFORMATION FOR BIDDERS BIDS FOR PROJECT The Town of Southold will receive SEALED PROPOSALS for Furnishing and Placing Base Course Asphalt Concrete on New Suffolk Avenue. TIME AND PLACE OF BID Bids are to be submitted in opaque envelopes and will be received by the Town of Southold at the Town Hall , Main Road, Southold, New York, not later than 3 :00 P.M. , Prevailing Time, Thursday, April 30, 1981 , at which time and place they will be publicly opened and read aloud. Use of the mails shall be at the Bidder ' s own risk, and the Bidder shall be responsible for physical delivery of the Bid at the time and place set for opening of Bids. BID ENVELOPE All proposals and either the certified check or bid bond must be placed in a sealed envelope bearing the Bidder ' s firm name and address marked, "Project No. SOHT 81-04 , Proposal for Furnishing and Placing Base Course Asphalt Concrete on New Suffolk Avenue, Town of Southold, Suffolk County, New York" , but otherwise unmarked. If mailed, this envelope shall be placed in another envelope addressed to Town Clerk Judith T. Terry, Town of Southold, Town Hall, Main Road, Southold, New York 11971 . Use of the mails is at the Bidder' s risk. IB-1 HOLZMACHER. MCLENDON 6 MURRELL. P.C. / H2M CORP. CONSUMNO ENQINURA AND I NVIFIONMENTAL SCIMT1578 INFORMATION FOR BIDDERS (CONT-D. ) SPECIFICATION DEPOSITS (a) Deposits for specifications will be completely refunded to Bidders who return same in good condition within ten (10) days after r,-ceipt of bids. Bidders will receive one-half of the deposit amount tur specf.ications returned after ten (.10) days and before thirty (30) days following the bid date. (b) Deposits for specifications will be completely refunded to non-bidders who return same in good condition within 48 hours of receipt of said specifications. Non-bidders will receive one--half the deposit amount for specifications returned in good condition within ten (10) days following the bid date. No deposit for specifica- tions will be refunded to non-bidders after ten (10) days following the bid date. IB-2 HOLZMACHER, McLENDON & MURRELL, P.C.f H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS INFORMATION FOR BIDDERS (CONT'D. ) s SPECIFICATIONS Complete sets of specifications for the inspection of prospective bidders will be found on file with the Town Clerk, Town of Southold, Town Hall, Main Road , Southold, New York, and at the office of Holz- macher, McLendon & Murrell, P.C. , Consulting Engineers, 209 West Main Street, Riverhead, New York, or 125 Baylis Road, Melville, New York. All contractors must leave their names, phone numbers and correct mailing addresses upon receipt of the specifications. VERBAL ANSWERS The Town, its agents, servants or employees, or the Engineer, will not be responsible in any manner for verbal answers to any in- quiries regarding the meaning of the contract specifications given prior to the awarding of the contract. EXAMINATION OF SITE Bidders must satisfy themselves by personal examination of the location of the proposed work and of the actual conditions and require- ments of the work, and shall not, at any time after the submission of a proposal, dispute or complain of such estimate or assert there was any misunderstanding in regard to the scope of the work. The Contractor shall inspect the site and existing conditions be- fore submitting his bid. PROPOSAL The Form of Proposal contained herein shall be used in making out bids. Any proposal not in accordance with these instructions, or con- taining bids not asked for, may be rejected. IB-3 HOLZMACHER, MCLENOON 6 MURRELL. P.C. / H2M CORP. CONlULTINO OVOINUA& AND tXVl*0NMENTAL lCIEllTlM INFORMATION FOR BIDDERS (CUNT ' 1). ) As tile' est i.mates of yttantities of items stated in the l)roposaI. are approximate only , bidders are re(lui reel to stll)mi t tIle i r proposal upon and in the following express conditions , which shall apply incl become a part of every proposal received . Each hidden shall fi11 out , in ink , in Doth words and 1' i };ures , in tl)e spaces provided , hitt unit or lump stall' hid , as the ca';c tnny he , for each item in said Dorm of Proposal for wlliCh he is subnlitti119 a bid . No bid will be considered which does not include bids for all_ items in the pi-oposal,�incluJi t .tne o1coiletion . 1f the contract is not executed by the Town within forty- five (4S) days alter the receipt of bids , the obligation of the bidder under this proposal. may terminate at his ol)tion and he shall there- upon he entitled to a refund of his certified check or release of his bid bond furnished by him as security with his l)roposal . 1311) BOND OR (:f:WFlI_IFD CHECK Bach proposal fron) a contractor shall be accompanied by a hid bond or certified check oil a solvent hank of the State of New York , in the amount of five percent (Sa ) of the total hid . Such check shall be made payable to James F . lloman , Supervisor, Town of Southold , iJew York , and the amount thereof shall be tl)e measure of l iAlt.,idated damages which the Town will sustain by the failure , neglect or refusal_ of the bidder to execute and deliver the contract , should the Contract be awarded to hill . The checks of all unsuccessful bidders will be returned upon the rejection of bids and the execution of the contract by the parties ; also , the check of the successful bidder will he returned upon the cxeCutior► of the contract and the furnishing of the rept, i red bond . NAM OF BIDDER Fach bidder must state in his proposal , his full name and busi- ness address , and the full name of every person , fit-in or corporation interested i.n the same , and the address of every person or f.irn) or president and secretary of every corporation interested with him. If lB-4 HOLZMACHER, MCLENDON 6 MURRELL. P.C. / HTM CORP. cONSULnNO MOMUM AND wwMMwawrAL ICIa+rim INFORMATION FOR NI1)DE'll (CONT '1). ) no other person be so interested , he must distinctly state that fact , also that his proposal is made without any connection directly or ill- directly with any other bidder for the work particularly mentioned in his proposal ; that it is in all respects without fraud or collu:- ion , and that no person acting for or employed by the 'Town is directly or indirectly interested therein, or in the supplies of work to which it relates , or in any portion of the prospective profits thereof. UQ ALIFICATIONS OF BIDDERS (l ) The Town reserves the right to waive any informalities in, or reject any and all bids . The Town reserves the right to re- ject any and all bids which do not conform to the proposals , or upon which the bidders do not comply with the requirements of the Town as to their qualifications . (2) All hidders must prove to the satisfaction of the Town that they are reputable , reliable and responsible , and that they pos- sess the necessary qualifications to successfully deliver the proposed equipment , and that they have performed and completed successfully similar work to an extent which , in the opinion of the Town , will qualify them by experience to perform the work which is proposed. (3) In determining the qualifications of a bidder, the l'own will consider his record in the performance of any contracts entered into by him for the work contemplated or of similar nature, may make such investigation as it deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the Town all such information and data for this purpose as the Town may request . (a) The Town shall be the sole judge of the qualifications of the bidders and of the merits thereof and reserves the right to reject any bid if the record of the bidder in the performance of contracts , payment of bills and meeting of obligations to subcontractors , material - men or employees is not satisfactory to the Town , or if the evidence submitted by or the investigation of such bidders fails to satisfy the 'rown that he is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. GUARANTEE BOND The successful bidder shall be required to furnish at. the execu- tion of the contract an executed bond of a surety company authorized IB-S WXZMACHER, MCLENDON 6 MURRELL. P.C. / HZM CORP. CONSUA.nNe 04OI14EW4 AND ENVIMONMURAI. WENTISTO INFORMATION FOR B 111111 ll (CONT . i)) to do business in the State of. Now York and aPp►'oved by the To%,-n in an amount equal to one hundred Pcrcent ( 100'0 ) of the total amu►►nt of the contract , guaranteeing to the Town the 1'aitl► ful Perlurmalice of the contract , and payment of all claims for Imiterials , labor and wages In connection therewith . SIGNATURE OF CONTRACTOR The bidder to whom a contract may he awarded shall attend at the office of the 'I'own , with the sul'etics offered by him , lVi thin seven (7) Jays , Sunday excepted , anter the date of ►►tit i ficatiiln by u►li I of the acceptance of his proposal , and there sign the contract in quadrupli - cate for the work and f►►rnish approved security for its Performance . In case of failure to do so , the bidder shall be considered as having abandoned the same , and the check accon►Pa►rying his Proposal S11,111 be forfeited to the 'town , or the penalty of the bid ho►►d shall be invoked. C11NTI:ACTOR ' S f NS111tAN('I' The contractor shall not continence any work until he has obtained and had approved by the 'Town all of the insur;►nre specified and required in the contract . WAIVER 01, IMMUNITY Attention of the bidder is hereby directed to the requiren►ents of the General Plunicipal Law of the State of New York and in particular to Section 103-a of the General Municipal I.aw regarding "Waiver of Immunity" , as indicated on Page G-8 of tyle contract . I_t[:SPONSIBILITY FOR BIDDER Attention is hereby particularly directed to the Provisions of the contract whereby the contractor will be real>unsiblc for any loss or damage that may happen to the material or any part thereof during its delivery ; and also whereby the contractor shall make good any defects or faults due to materials or workmanship within twelve ( 12) months after its delivery, placement , and acceptance. 113-6 HOLZMACHER, MCLENDON 6 MURRELL. P.C. / HZM CORP. CONIULMO WGINURS AND [NYINONMCNIAL ICIE?1 SU INFORMATION FOR BIDDERS (CONT'D. ) In order to secure the performance of the covenant of the con- tractor, the Town shall retain the Guarantee Bond during the period of one (1) year from the date of the Engineer ' s final certificate. Work is required to be completed to the satisfaction of the Engineer and in :substantial accordance with the specifications hereunto annexed. TOWN OF SOUTHOI,D SUFFOLK COUNTY, NEW YORK r IB-7 State of New York Bureau of Public Work Department of Labor k zn� State Offict! Building Campus Albany, N.Y. 12240 F CONTRACT REQUIREMENTS Each public work contract to which the State,;] public benel'it corporation,if municipal corporation or a commission is a party and which may involve the employment of laborers,workmen or ►nechanies,shall cun►ply with life requirements of Article 8 of the New York State Labor Law: 1. No laborer, workman or mechanic in the employ of the contractor, subcontactor or other person doing or contracting to do the whole or a part of the work conten►plAcd by the contract shall he permitted or required to work more than eight hours in any one calendar day or►nnre II►an five days in any one week except in the extraordinary en►ergencics set forth in the lahm I.aw or where a dispensation is granted by the Industrial Commissioner. (See Section 220.2) 2. Each laborer, workman or mechanic employed by the contactor or subcontractor shall be paid not less than the prevailing rate of wages at the lin►c the work is performed,and shall be paid or provided not less than the prevailing supplements at life time the work is performed, as determined by the fiscal officer. II' the prevailing rale of wages or the prevailing supplements change after the prevailing rate schedule is issued,each workman,laborer or ►ncel►anic shall he paid or provided not less [hall the new rates. (See Section 220.3) 3. The contractor and every subcontractor shall post In a prominent and accessible place at the work site a statement of the current wage rates and supplements specified by the contract for the various classes of mechanics,workmen or laborers. (See Section 220.3-a) 4. Apprentices must he registered,individually, under a bona fide program registered with the New York State Department of Labor. The allowable ratio of apprentices to journeymen in any craft classifica- tion shall not be greater than the ratio permitted to the contractor as to his work force on any job tender the registered program. Any employee who is not registered as above, shall be paid the pre- vailing wage rate for the classification of work he actually performed. The contractor or subcontrac- tor will be required to furnish written evidence of the registation of his program and apprentices as well as of the appropriate ratios and wage rates for the area of construction, prior to using any apprentices on the contract work. (See Section 220.3-e) S. (a) No contractor, subcontractor, nor any person acting on his behalf,shall by reason of race,creed, color, sex or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates.(See Section 220-e (a) ) (b) No contractor, subcontractor, nor any person acting on his behall'shall,in any manner,discrimi- nate against or intimidate any employee on account of race,creed,color,sex or national origin. (See Section 220-e (b) ) NOTE: The Human Rights Law also prohibits discrimination in employment because of age,disability or marital status. (c) There may be deducted from the amount payable to the contractor under the contract a penalty of five dollars for each calendar day during which such person was discrinunaled against or intim- idated in violation of the provisions of the contract, (See Section 220-c(c) ) (d) The contract may be cancelled or terminated by the State or municipality,and all moneys due or to become due thereunder may be forfeited, for a second or any subsequent violation of the terms or condition of the anti-discrimination sections of the contract. (See Section 220-c (d) ) (e) These provisions shall be Wnited to operations performed within the State of New York. (See Section 220-c(e) ) r IB-8 PW-3(5.80) PRCVAILING RATC SCFICDULC State of New Vork Cain Number Bureau of Department of Labor * Pending Public Work NASSAU AND SUFFOLK COUNT (i !i Prov- 5L)III'1 I NI NIAI 141 NI I' ll I'AYDII NI !i ailing i OCCUPATIONS Effect. wage health date basic ane1 pen- suppI other supplements hourly welfare Sion unemp. Tato (A) (li) (C) (D) through (M) Cii[- DR(LI FR Core�Driller 11/17/80 10. 605 1. 00 7't Helper 11/17/80 9. 245 1. 00 -7`► G-. 19 EI LCIRIC(AN _r-1 c1 an 7/2/n0 14. 55 7%+, 3S S 1/:"A 2f; GSL - 11 1/2%, II-5/8%, I-9'/., J-3'/. Appr. 1st term 7/2/80 5. 82 7%+, 35 5 1/2'/. 25 GEL - it 1 /2ii1-5/8'/., I12ONw0iml 14 Ironworker-Structural 8/l/80 12. 70 1. 86 2. 15 G-1. 7!i, FI-. 11, I-2. 00 Appr. 1st term 8/1/110 7. 13 1. 86 2. 15 G-1 75, I1- . 11, I-2. 00 Rei nforci ng-(Lather) 8/1/80 13. 5`t 1. 325 985 D-. 02, G-. 75, H- . 01, I-1 10 Appr. lst Term 8/l/n0 3. 85 1. 325 985 D- . 02, It- . O1 Ironworker-Ornamental 8/1/110 11. '_)0 1. S1 1. _bi G-1. 00, II-. Ilk, 1-1. 7S -Choi n Li nk 8/1/n0 11. 90 1. S1 1. SS G-1. U0, 1-1-. 1`t, I-.1. 75 Fence "Appr. is t term 8/l/80 7. 14 1. 51 1. 55 G-1. 00, F1-. 14, I-1. 75 MASON Liri c IItyar 7/1/80 12. 00 1. 48 1. 93 H-. 02, I-2. 05 1. Appr. 1st term 7/1/80 6. 00 1. 48 1. 93 H-. 02, I-. 50 PAI NT_I.I- Pal rater-Ilrush 9/1/79 10. 92 1. 04 1. 04 G- 33. 1- 71 Scaffold/Spray 9/1/79 13. 2G 1. 26 1. 26 G- . It OS. I-. 71 Appr. 1st term 9/1/79 6. 55 . 62 62 13- 20, 1- 2S Nassau Co. (N of L. I. E. to Pt. Wash Dlvd. S. of Sunri St. Hwy. E. to Long Beach Rd. ) -------------------------- ---- Pai nter-Brush 5/1/80 10. 82 1, 29 2. 30 G-. 70, H-. OS Appr. 1st term 5/1/80 5. 41 1. 29 1. 15 G-. 3S, H-. OS Scaffold/Spray S/1/80 12. 37 1. 29 2. 30 G-. 70, H-. OS Nassau Co. Remainder of County ----- -- ----------------------- Painter-Steel 11/14/80 14. 28 1. 86 2. 00 1-1-. 07 Power Tool , Spray 11/14/80 .15. :8 1. 99 2. 1`t H- . 08 Sandblaster( steel ) 11/14/80 15. 28 1. 99 2. 1't H- . OS Appr. 1st term 11/14/80 7. 00 91 98 If-. 035 - Nassau Co. -Entire County --------------------------- --- Painter ©rush 5/1/80 11. 03 3. 1S 85 G-. 50, II-. 21 Stee I /Or i dge 5/1/80 13. 67 3. 15 85 G-. SO, H-. 21 Spray 5/1/80 12. 35 3. 15 85 G-. SO, H-. 21 Appr. 1st term 5/l/80 S. 73 1. 90 85 G-. 25, If-. 21 Suffolk Co. PLUNREIZ Plumber 8/1/80 13. 15 1. 00 2. OS G-1. 30, FI-. 37, I-. S7 Appr. 1st term 8/1/110 5. 26 . 60 1. 31 G-. 70, H-. 24, I-. 29 Suffolk Co. ----------------------------- - P I umber 8/1/80 12. 45 1. 10 1. 44 G-1. 10, H-. 25 Appr. 1st term 8/1/80 4. 98 44 . 576 G-. 'f4, 11-. 10 Nassau Co. TEAMSTER lruck Driver Excavation 8/1/80 10. 12S 1. 6125 2. 60:5 1- 40 Euclid 8/1/80 10. 525 1. 15,125 2. 602'5 I-. '10 Other 8/1/80 a. 925 2. 612S 2. 25 WELDER Welder To be paid the rate of the mechanic performing the work OCCUPATIONS APPLICADLE TO HEAVY/fiIGHWAY and PUll_DING SCHEDULES * See page IB-11 Print 26 (12/3/n0 ) IB-9 PRIZVAILIIIG RATC SCIICOULC State of New York Case-Number Hurvou of Depor tmotit of Labor * 11ub l i c Work _ Pending �___--_----- -.__ NA'.,SAU AND liUf-I OL.K COUNI 11 !i r Prev- :iUPPLI MI NIAL III-NCI-TT PAYMI N1li -------------- a i I I rig - OCCUPATIONS Effect. wage health date basic and pen- suppl . other supplements hour 1 y we I fare s i oil unomp. rate (A) (U) (C) (D) through (M) CAR1,1 NTE_R Carpo,ittor CH/H) 8/1/80 13. 0't 1. 85 1. 03 G-. 9!i, H 0l:i. 75 Appr. 1st term 8/1/80 7. 17 1- 85 1. 03 G-. 911, H- . 01_,, 1-. 7!i Nassau Co (South of So. State Pkwy. 8 West of Seaford Creek ) -------- -- -------------- - - - -- - Carpenter (H/H) 8/1/80 13. 40 1. 50 1. 49 G-. 95, 11- . Of Appr. 1st term 8/1/80 G. 70 1. 50 1. 't9 G-. 9S. H-. 06 Nassau Co. Remainder of County --------- -- -------------- -- --- 1 C.)rPenter(tl/II) 8/1/80 13. 't5 1 . 33 1. ll G-. 10, II-. 0G i Appr. 1st term 8/1/80 G. 70 1. 33 1. '11 G-. 90, II- . a6 Suffolk Co. Pi ledri ver/Dockbui Icier 8/1/80 12. 94 1. 85 1 03 G-1. 01, Ii-. 05, I-. 75 Appr. 1st torm 8/1/80 7. 17 1. BS 1. 03 G-1. U1, ll-. 051 I 75 ---------- -------- --------- --- T i mbermait 8/1/80 12. 00 1. 85 1. 03 G-. 9S, H-. 0S, I-. 75 lie I Per 8/1/80 10. 49 1. 85 1. 03 G-. 95, 11-. 05, 1-. 75 I LUCTRICIA(J-111GlIWAY 1,tAINII NANCC fnPl1licnuly on tIa4fic sigr,,iI % and street lighting only. Mai tit. Elec tri c an G/1/Ito 12. 30 8'/. 4 1/2'/• G 8 L-6 1/2'/•, I-7'/. H-5/8'/., J-3 Appr. 1st term 6/1/80 4. 57 8'/. 4 1/27. G A L-6 1/2'/., 1-77. If- 5/IitV., J-3'G LltliOIIER(HVV%HWY) Lauo-r-v (H/H) Elas i c, Concrete, Jackhammer a/1/80 8 70 10 Y. 13 Y. G-. 75 Pipelayer, Land- Scape, Trackman A/1/80 8. 70 10 V. 13 X G-. 75 Power Tool 8/1/110 8. 70 10 Y• 13 G- . 15 Asphalt Raker, Form Senor 8/1/80 9. 30 10 V. 13 X G- . 7S Asphalt Shoveler and Tamper 8/1/80 9. 10 10 V. 13 V. G-. 75 MAlION `Comvitt FI ni s h v r 2/1/II0 12. 60 2. 19 2. 02 H-. 01 Appr. 1st term 2/1/80 G. 30 2. 19 2. 02 H 01 SIRTPF R ;trlping Mach. Oper B/1/80 9. 90 59 70 G-7'/• Li ncrman 8/1/80 10. 40 G2 72 G-7'/• TRE:C TRIMMING Tree 'Trimmer 12/2/79 8. 43 . 34 . 25 1st 6mo 12/2/79 5. 51 34 25 Groundman, Driver 1st 6mo 12/2/79 6. 07 3`t 25 Driver 2nd 6mo 12/2/79 6. 36 34 2S Driver after 1 yr. 12/2/79 6. 9s . 34 . 2S TREE RRFM_OVAL_8_LANDSCAPING Landscape Laborer 8/1/80 S. 70 101A 13Y. G-. 75 Mu I chi ng Machine Oper. 8/1/80 11. 995 9Z of 2. 2S G-1. 00, H-. 15, M-. 10 rate+vac. Stump Chipper Mach. 8/1/80 10. 97 9% of 2. 2S G-1. 00, H-. 15, M-. 10 rate+vac. Truck Driver 8/1/80 8. 325 1. 4625 2. 25 WELL DRILLER Well Driller 3/1/80 10 85 7% 2. 00 G-. 't0 Helper 3/1/80 B. 85 7Y. 2. 00 G-. 40 OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY SCHEDULES * See page IB-11 IB-10 Print 26 (12/3/80 ) PREVAILING RATE SCIIEUULE State of New York Case Nun+Ver but Vau of Department of Labor Public Work * Pending ---------- ------_.__. -- NA.'iSAU AND '.,UI f Ol. K COON I I I !, Prov- liUPI'1 L_MI NI AI 1_1 11 N1 1 T I PAYNI NI ' ailing OCCUPATIONS Effect. wage health da to basic and pan- suPpl other supplements hour I V we I fare s i on unun+p. rate (A) (Ll) (C) (D) through (M) SURVI--Y CHF W (tifGFIWAY 8 III-AVY) Par tY Chief 1/1/80 12. 1f 90 70 F-. US. 1; Instrumont Man 7/1/80 10. 21 90 70 F-. 0L. G- . 7U. :[-1. SO Rodman:Chaff nman 7/1/80 8. 91 90 7U F- . U!.,, I;- . 70. I- 1. 50 Survey Rates apply to those workmen employed on HI(;IIWAY and HEAVY contracts let on or after July 2. 1979 PO01 1: I C UT I'RII NT OP( I a l(11< (II/11) AS PI.,I t--'i P reaclur ----- - 91211/130 13. 18 9'/. of 2. 25, 20 H- . lC,. G-1. 00. M- . 10 Hock hoe 13. 55 hourly Llori ng Machi n 13. 12 rate + Lau I I dozer 12. 37 vac. Compressor-`.;Ingle 11. 995 Compressor-2 or more in baI10rY 12- 60 Con crelo Pump 12 ti't Concrete Spreador 13. 18 Concreto Breaker 11. :'.8 ConVeyor 12. S7 Crane 13. 18 localion. Effective Date and Drag I i fie 13. 65 l;upp 1 emont a l Limo f+ t PaYIAen i s Finishing Machine 12. 37 are the same ler all Power Equipment FI rem a„ 12. 37 Operator. Ge nerd l or 12 :1'1 Grade=All Oper. 13. 55 Grader- 12 SSS Front End Loader 12 '705 MainI . Eng. 12. 37 Mulching Machina 11. 995 Oiler 10. 97 Pi ledri ver 13. SS Post Ori ver (Guard Rai 1 ) 13 12 Power Broom 11. 425 Pump (Under 4") 11. 995 Pump (Over 't") 12. 38 Ridge Cutter 11. 28 Roller - ST 8 Under 12. 37 f Roller - Over 5 Ton 12. 72 Scraper 12. 37 Shovel 13. 5s Stump Chipper 10. 97 Tractor-Caterpiller or Wheel 10. 755 Track Tamper 10. 97 Trenching Machine 13. 395 OCCUPATIONS APPLICABLE TO HEAVY/tITGIIWAY SCHEDULES * A wage rate determination for work under this Contract has been requested from the New York State Department of Labor. While the prevailing rate schedules included in this Contract are current , they were not supplied specifically for this Contract . The success- ful Bidder will be informed when the New York State Department of Labor grants a case number for this Contract , and supplies Wage Rate schedules for this Contract . IB-11 Print 26 (12/3/80 ) H*JAWHER, MCLENDON&MURREI.i., P.C. / H2M CORP, wNSuLTiNQ walmu" Amo ENvowmma rAL rciemTiarf PROPOSAL' TO TETE TOWN OF SOUTHOL.D, SUFFOLK COUNTY, STATE OF NEW YORK, BIDDERS DECLARATION: The undersigned, as bidder,, declares that the only person or persons interested in this Bid or Proposal as principal or principals is or are named herein and that no other person than herein named has any interest in this Proposal or in the Contract proposed to be taken; that this Aid or Proposal is made without any connection with any other person or persons making a Bid or Proposal. for the same purpose the Bid or Proposal is in all respects without fraud or collusion, that he has visited the site of the proposed work, the Form of Contract and Specifications, and has read the Notice to I3idders., Information for Bidders and General Conditions hereto attached and fully understands all the same; that he proposes and agrees, if this Proposal is accepted, that he will contract with the TOWN OF SOUTHOLD, in the Form of Contract accompanying this Bid, to perform all the work required in accordance with the Specifications, Notice to Bidders, Information for Bidders and General Conditions, and he will accept in full payment therefore, the fallowing sums to wit: P-A HOLZMACHER,MCLENDON B MURRELL,P.C.I H2M CORP. CONSULTING ENGINEERS ANO ENVIRONMENTAL SCIENTISTS PROPOSAL (CONT'D. ) a, FURNISHING AND PLACING NEW SUFFOLK AVENUE BASE COURSE ASPHALT CONCRETE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK BID DATE: APRIL 30, 1981 3 : 00 P.M. ITEM 45SP Furnish and Place Base Course Asphalt Concrete Type 1A Approximately ,925 Tons PRICE PER TON . . . . . . . . . . . . . . i . + . ($ ) Dollars TOTAL- . . . . . . . . . . . . . . ($ ) Dollars TOTAL BID (ITEM 45SP) +, ) . ($ Dollars COMPLETION DATE SHALL BE 30 CALENDAR DAYS AFTER SIGNING THE CONTRACT. LIQUIDATED DAMAGES SHALL BE $50. 00 PER DAY. BIDDER'S NAME: BIDDER'S ADDRESS : SIGNED BY: TITLE: DATE: P=B T � 77777777' HOUXAMM McLOOM it"R" F.C. / HZM CORP. WHIUMMO ENQ XK" ANO 9WROWMAL WJ MT M PROPOSAL (CONY D. ) Enclose certified check or bid bond for five percent (5%) of the total bid, as stipulated in the foregoing Information for Bidders. The Bidder hereby agrees to enter into a contract within seven (7) days after due notice from the Town of Southold that the contract has been awarded to him and is ready for signature, such notice to be given in writing within forty-five `(45) days of the date of opening of the bids, and on the signing of such contract by him to furnish the indemnif ying bonds as provided in the Contract. And, the Bidder hereby further agrees that in the event of his failure or refusal to enter into a contract in accordance with this bid within seven (7) days after due notice from the said Town Board as given in accordance with the Information for Bidders, and/or his failure to execute and deliver the bond for the full amount of the contract price as provided in said Information for Bidders, that the bidder's check which is herewith deposited with the Town shall, at the option of said Town, , become due and payable as ascertained and liquidated damages for suchdefault, otherwise the said check shall be returned to the undersigned. The full name and residences of all persons and parties interested in the foregoing bid as principals are as follows ; r NAME ADDRESS NAME OF BIDDER: BUSINESS ADDRESS OF BIDDER: DATED AT: THE DAY OF P-C H*2WCHER, MCLENOON A MURR" P.C. / H2M CORP. *WSUMNO "N O$ MIO iN1 OMMORAL WJCWI>T! MOPOSAL - (CONT D. ) KION-COLLUSIVE BIDDING CERTIFICATE By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: 1. The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; and 2. Unless otherwise required by law, the prices which .have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor; and 3. No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition. Dated: C By This bidder cannot make the foregoing certification and a statement signed by the bidder is attached setting forth in detail the reasons therefor: P-D HOLZMACHER, McLENDON 8 MURRELL. P.C. / H2M CORP. C0N$UL71No UIOINLM AND 9W WNMDRAL SCI M S" INDEMNITY, LIMITATION OF LIABILITY 1 . INDEMNITY The Contractor and all sub-contractors performing work in connection with this contract shall HOLD - HARMLESS, INDEMNIFY and defend the OWNER and ENGINEER, their consultants, and each of their officers, agents and employees from any liability, claims, losses or damage including reason- able costs of defense arising out of or alleged to arise from the Con- tractor' s or sub-contractor' s negligence in the performance of the work described in the Contract documents, but not including liability that may be due to the sole negligence of the OWNER, ENGINEER or their officers, agents and employees. 2. LIMITATION OF LIABILITY The Contractor and all sub-contractors agree to limit the liability of the OWNER and ENGINEER due to the Engineer' s professional negligent errors or omissions such that the total aggregate liability of the engineer to those named shall not exceed fifty thousand ($50,000. ) dollars, or 5% of the contract award amount, whichever is greater. 10/80 ILL 1 of 1 HOLZMACHER, MCLENDON 4 MURRELL, P.C. I HZM CORP. CONSULTING EN41NELRA AND ENVIRONMENTAL SCIENTISTS CONTRACT K CONTRACT IN QUADRUPLICATE FOR AT TOWN OF SOUTHOLD, SUFFOLK COUNTY , NEW YORK , dated lU , BY AND BETWEEN THE 'TOWN BOARD OF THE TOWN OF SOUTHOLD. SUFFOLK COUNTY, NEW YORK , (herein called the "Town, " and (herein called the "Contractor" ) . WITNESSETH, that the Town and the Contractor, in consideration of the premises and of the mutual covenants, considerations and agreements herein contained , agree as follows: This Contract is hereby awarded to the Contractor for the work f and material called for under his bid in the Proposal section of the Contract and designated as Items: and if required by the Consulting Engineer, Items: for the sum of: Dollars for the unit and/or lump-sum price(s) as listed in the Proposal herein. C-1 HOLZMACHER. MCLENDON d MURRELL. P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTIST! CONTRACT - CONT'D. n 1 . CONTRACT DOCUMENTS AND DEFINITIONS The Notice to Bidders, Information for Bidders , Proposal , General Conditions, Contract , Specifications and Plans, together with any Addenda , shall form part of this Contract , and the pro- visions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. The titles , headings, head- lines and marginal notes contained herein are solely to facilitate reference to various provisions of the Contract Documents and in no way affect , limit or cast light upon the interpretation of the provisions to whish they refer. Whenever the term "Contract Docu- ments" is used , it shall Ineall and include this Contract , the Plans , Specifications , any Addenda , and the Notice to Bidders, Information for Bidders, General Conditions and Proposal. . In case of any con- flict or inconsistency between the provisions of the Contract and those of the Specifications, the provisions of the Contract shall govern. WORK: The term "Work" , as used herein, refers to all of the work proposed to be accomplished at the site of the project and all such other work as is in any manner required to accomplish the completed project , and includes all plant , labor, materials , supplies, equipment and other facilities and acts necessary or proper for or incidental to the carrying out and completion of the terms of this Contract . The term "work performed" shall be construed to include material delivered to and suitably stored at the site of the project . EXTRA WORK: The term "Extra Work" , as used herein, refers to and includes all work required by the Town which, in the judgment of the Engineer , involves changes in or additions to work required by the Plans, Specifications and any Addenda in their present form. SUBCONTRACTOR: The term "Subcontractor" , as used herein, shall mean any person, firm or corporation applying labor and material for work at the site of the project , but not including the parties to this Contract . ENGINEER: In the performance of the work, the Town shall be represented by its Consulting Engineer HOLZMACIIER, McLENDON & MURRELL, P.C. , (herein called the "Engineer") . Y C-2 HOLZMACHER, MCLENDON b MURRELL. P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTIM CONTRACT - CONT'D. NOTICE - The term "Notice", as used herein, shall mean and include written notice. Written notice shall be deemed to have been duly served when delivered to, or at the last known business address of, the person, firm or corporation for whom intended or to his, their, or its duly authorized agents, representatives or officers, or when enclosed in a postage prepaid wrapper or enve- lope addressed to such person, firm or corporation at his , their, or its last known business address and deposited in a United States Mail Box. DIRECTED,1 RE UIQ REDy APPROVED, ACCEPTABLE - Whenever they refer to the work, or its performance, "directed" , "required", "permitted" , "ordered", "designated" , "prescribed" , and words of like import shall imply the direction, requirement, permission, order, designa- tion or prescription of the Engineer, and "approved", "satisfied" , or "satisfactory" , "in the judgment of" , and words of like import, shall mean approved or acceptable to, or satisfactory to, in the judgment of the Engineer. 2. SCOPE OF THE WORK The Contractor will furnish all plant , labor, material, supplies, equipment and other facilities and things necessary r 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 f Engineer and/or required by and in strict accordance with, such changes as are ordered and approved pursuant to this Contract, and will perform all other obligations imposed on him by the Contract . 3. COMPENSATION TO BE PAID TO THE CONTRACTOR (a) Agreed Prices : It is understood and agreed that the Con- tractor will accept as payment in full the summation of products, of the actual quantities in place upon the completion of the work, as determined by the Engineer 's measurements by the unit prices bid, no allowance being made for anticipated profit or for reason of variations from the estimated quantities set forth in the Proposal. (b) Extra Work and/or Changes : The Town may, at any time, by a written order, and without notice to the sureties, require the performance of such extra work or changes in the work as it may find necessary or desirable. The amount of compensation to be paid to the Contractor for any extra work, as so ordered, shall be determined as follows : ` C-3 WXZMACHER. M"NDON&MURR" P.C. / H2M CORP. CONSULTING EWINURS AND CNVIRONMOWAL SCIUMM CONTRACT - CONT'D. (1) By such applicable unit prices, if any, as set forth in the contract , or (2) If no such unit prices are set forth , then by unit prices or by a lump sum mutually agreed upon by the Town and the Con- tractor, or (3) If no such unit prices are set forth, and if the parties cannot agree upon unit prices or a lump sum, then by actual net cost in money to the Contractor of the materials, permits, wages, or applied labor, premiums for Workmen's Compensation Insurance, payroll taxes required by law, rental for plant and equipment used (excluding small tools) to which total cost will be added twenty percent (20%) as full compensation for all other items of profit , costs and expenses, including administration, overhead, superintendence, insurance, insurance other than Workmen 's Compen- sation Insurance, material used in temporary structures, allowances made by the Contractor to subcontractors, additional premiums upon the Performance Bond of the Contractor and the use of small tools. 4 . TIME OF ESSENCE Inasmuch as the provisions of this Contract relating to the time for performance and completion of the work are for the purpose of enabling the Town to proceed with the construction of a public improvement, in accordance with a predetermined program, such pro- visions are of the essence of this Contract . 5. COMMENCEMENT OF WORK The Contractor agrees that he will commence work within ten (10) consecutive calendar days after signing this Contract, and that the day he commences work shall constitute the first of the consecutive calendar days allowed for completion of the work. C-4 HOLZMACHER, MCLENOON &MURRELL, P.C. / H2M CORP. CON'UMNO 9NOINUM AND ENYIRONUCSTAL /CIEM M CONTRACT - CONT'D. 6. TIME FOR COMPLETION The time for completion of this Contract shall be within the number of calendar days stated in the Bid Proposal and the date of such completion shall be the date of the certificate of com- pletion hereinafter specified. The Town reserves the right to order the Contractor to suspend operations when, in the opinion of the Engineer, impro- per weather conditions make such action advisable, and to order the Contractor to resume operations when weather and ground con- ditions permit. The days during which such suspension of work is in force are not chargeable against the specified completion time. 7. LIQUIDATED DAMAGES FOR DELAY The time limit being essential to and of the essence of this Contract , the Contractor hereby agrees that the Town 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 fifty dollars ($50. 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 t Town 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, provided, r however, that the Town 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 with- out his fault, or negligence, including but not restricted to Acts of God or of any public enemy, acts or neglect of the Town , acts or neglect of any other Contractor, fires, floods, epidemics, quarantine restrictions, strikes, riots, civil commotion 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 Town. No such extension of time shall be considered a waiver by the Town 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 obliga- tions hereunder. C-5 HOLZMACHER, MCI.ENDON b MURR" P.C. / H2M CORP. CONOULTINO ENGINEER& AND ENVIRONMENTAL SCIENTIM CONTRACT - CONT"1). 9. CONTRACT SECURITY (a) 'rhe Contractor shall furnish a Performance Band in an amount equal to one hundred percent (100%) of the total contract price as security for the faithful performance of this contract , and for the payment of all persons performing labor or furnishing mater- ials in connection with this Contract . (b) Additional or Substitute Bond : If , at any time , the Town shall be or become dissatisfied with any surety or sureties , then upon the Performance Bond , or if , for any other reason , such bond shall cease to be adequate security to the Town , the Contractor shall , within five (5) days after notice from the Town , substitute an acceptable bond in such form and sum, and signed by such other surety as may be satisfactory to the Town . The premiums on such bonds shall be paid by the Contractor. No further payments shall be deemed due , nor shall be made until the new surety shall have been qualified. (c ) Prior to release of the Performance Bond , the Contractor shall deliver to the Town a Maintenance Bund equal to one hundred percent (100%n) of the total. Contract price, including al.1 extras. This Maintenance Bond shall remain in full force and effect for a period of one (1 ) year after the date of the final certificate and such bond, which shall be executed by the Contractor and issued by a reliable, solvent surety company authorized to do business inthe State of New York shall guarantee to the Town that the Contractor shall promptly remedy any defects or faults that may occur within twelve (12) months after completion and acceptance of the work performed by the Contractor pursuant to this Contract . 10. CONTRACTOR ' S INSURANCE The Contractor shall not commence any work until he has obtained and had approved by the Town all of the i.nsurance required under this Contract , as enumerated herein : Compensation Insurance Public Liability and Property Damage Insurance Contractor ' s Protective Liability and Property Damage Insurance Owner ' s (Town of Southold) and Engineer ' s Pro- tective Public Liability and Property Damage Insurance Automobile Public Liability and Property Damage Insurance C-6 HOLtMACHER, MCLEND©N b MURRELL, P.C. I H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT'D. The Contractor shall not permit any subcontractor to commence any operation on the site until satisfactory proof of carriage of the above required insurance has been posted with, and approved by, the Town. (a) Compensation Insurance: The Contractor shall take out and maintain, during the life of this Contract , Workmen's Compensation Insurance for all of his employees employed at the site of the pro- ject , and in any case of any of the work being sublet, the Contractor shall require the subcontractor similarly to provide Workmen' s Com- pensation Insurance for all of the latter' s employees, unless such employees are covered by the protection afforded by the Contractor. (b) Public Liability and Property Damage Insurance : The Con- tractor shall take out and maintain during the life of this Contract such Public Liability and Property Damage Insurance as shall pro- tect him and any subcontractor performing work covered by this Contract for claims for damages for personal injury, including accidental death, as well as from claims for property damage which may arise from operations under this Contract , whether such opera- tions be by himself or by any subcontractor, or by anyone directly or indirectly employed by either of them, and the amounts of such insurance shall be as follows : Public Liability Insurance in the amount not less than Five " Hundred Thousand Dollars ($500,000. ) for bodily injuries , including wrongful death to any one person, and subject to the same limit for each person in an amount not less than One Million Dollars ($1,000, 000. ) on account of one accident . Property Damage Insurance in an amount not less than One Hundred Thousand Dollars ($500,000 . ) for damages on account of any one accident and in an amount of not less than Two Hundred Thousand Dollars ($1 , 000, 000 . ) for damages on account of all accidents . (c) Liability and Property Damage Insurance: The above policies for public liability and property damage insurance must be so written as to include Contractor 's Protective Liability and Property Damage Insurance to protect the Contractor against claims arising from the operations of any subcontractor. K C-7 - 1 HOLZMACHER, McLENDON 6 MURRELL, P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT'D. (d) Owner's and/or Engineers Protective Public Liability and Property Damage Insurance: (Town and/or Town Board, Town of Southold and/or Holzmacher, McLendon & Murrell, P.C.) The Con- tractor shall furnish to the Town with respect to the operations he or any of his subcontractors perform, a regular Protective Public Liability Insurance Policy for and in behalf of the Town and/or Town Board, Town of Southold and/or Holzmacher, McLendon & Murrell, P.C. , providing for a limit of not less than $500,000. for all damages arising out of bodily injuries to, or death of one person and subject to that limit for each person, a total limit of $1,000, 000. for all damages arising out of bodily inju- ries to, or death of, two or more persons in any one accident ; and regular Protective Property Damage Insurance providing for a limit of not less than $500,000. for all damages arising out of injury to, or destruction of, property in any one accident and subject to that limit per accident a total (or aggregate) limit of $1 , 000,000. for all damages arising out of injury to, or des- truction of property during the policy period. The insurance must fully cover the legal liability of the Town and/or Town Board, Town of Southold as owner and/or Holzmacher , McLendon & Murrell, P.C. The coverage provided under this policy must not be affected if the Town and/or Engineer performs work in connection with the project either for, or in cooperation with, the Contractor or as an aid there- to, whether the same be a part of the Contract or separate there- from, by means of its own employees or agents, or if the Town and/or Engineer directs or supervises the work to be performed by the Contractor. J (e) Automobile Public Liability and Property Damage Insurance: The Contractor shall take out and maintain during the life of the Contract such automobile public liability and property damage insurance as shall protect him and any subcontractor performing work covered by this contract from claims for damages for personal injury, including accidental death as well as from claims for property damage which may arise from operations under this Con- tract , whether such operations be by himself or by any subcontractor, or by anyone directly or indirectly employed by either of them and the amounts of such insurance shall be as follows : C-8 NO ZMACHER. MCLENDON &MURRELL. P.C. / HZM CORP. CON3ULTINO E NGINEEA2 AND ENVIRONMENTAL W04TI>1T11 CONTRACT - CONT'D. Automobile Public Liability Insurance in an amount not less " than Five Hundred Thousand Dollars ($500,000. ) for bodily injuries , including wrongful death by any one person, and subject to the same limit for each person in an amount not less than One Million Dollars ($1,000, 000. ) on account of one accident . Automobile Property Damage Insurance in an amount of not less than One Hundred Thousand Dollars ($100, 000. ) for damages on account of any one accident and in an amount of not less than Two Hundred Thousand Dollars ($200,000. ) for damages on account of all accidents. 11 . PROOF OF CARRIAGE OF INSURANCE The Contractor shall furnish the Town with certificates of each insurer insuring the Contractor or any subcontractor under this Contract , except with respect to subdivision (d) of Paragraph 10. In respect to this paragraph, the Contractor shall furnish the Town with the original insurance policy and a copy to the Engineer. Both certificates, as furnished, and the insurance policy, as required, shall bear the policy numbers, the expiration date of the policy and the limit or limits of liability thereunder. Both the certificates and the policy shall be further endorsed to provide ' the Town and Engineer with any notice of cancellation at least five (5) days prior to the actual date of such cancellation. C-9 HQIZMACHER, MCLENDON &MURRELL, P.C. / H2M CORP. CONSUMNO ENQINUU AND CNVIRONMWTAI 6CIENTISTq CONTRACT - CONT'D. M 12. COMPLIANCE WITH LABOR AND PENAL LAWS The Contractor hereby expressly agrees to comply with all the provisions of the Labor Law and any and all amendments thereto, insofar as the same are applicable to this Contract . The Labor Laws, as amended, provide that no laborer, workman or mechanic in the employ of the Contractor, subcontractor or other person doing or contracting to do the whole or a part of the work con- templated by this Contract , shall be permitted or required to work more than eight (8) hours in any one calendar day, except in cases of ,extraordinary emergency caused by fire, flood, or danger to life or property; that no such person shall be employed more than eight (8) hours in any day or more than five (5) days in any week, except in such emergency; that the wages to be paid for a legal day's work as hereinbefore defined, to laborers, workmen, or mechanics upon the work called for under this Con- tract , or for any materials used upon or in connection therewith, shall not be less than the prevailing rate for a day's work in the same trade' or occupation in the locality within the State where such work is to be done and each laborer, workman or mechanic employed by the Contractor, subcontractor, or other person about or upon the work shall be paid the wages herein provided ; that employees engaged in the construction outside the limits of cities and villages are no longer exempt from the pro- visions of the Labor Law which required the payment of the pre- vailing rate of wages and the eight (8) hour day. Section 222 of the Labor Law, as amended by Chapters 556 and 557 of the Laws of 1933, provides that preference in employ- ment shall be given to citizens of the State of New York who have been residents of Suffolk County for at least six (6) consecutive months immediately prior to the commencement of their employment . Each person so employed shall furnish satis- factory proof of residence, in accordance with rules adopted by the Industrial Commissioner. Persons other than citizens of the State of New York shall be employed only when such citizens are not available. Section 222 further provides that upon the demand of the State Industrial Commissioner, the Con- tractor shall furnish a list of names and addresses of all his subcontractors and further provides that a violation of this section shall constitute a misdemeanor and shall be punishable by a fine of not less than Fifty Dollars ($50. 00) nor more than Five Hundred Dollars ($500.00) or by imprisonment for not less than thirty (30) days nor more than ninety (90) days, or both fine and imprisonment . 1 C-10 HOIZMACHER. McLENDON a MURRELL. F.C. / H2M CORP. C0N$UL11N0 ENQINUAS AND ENVIRONMENTAL GCIPMS" CONTRACT - CONT'D. M Section 220A of the Labor Law, as amended by Chapter 472 of the Laws of 1932, provides that before payment is made by or on behalf of the State or any City, County, Town or Village or other civil deviation of the State, of any sums due on account of a contract for a public improvement , it is the duty of the Comptroller or the financial officer of the Municipal Corporation to require the Contractor and each and every sub- contractor to file a certified statement in writing, in satis- factory form, certifying to the amounts then due and owing to any and all laborers for daily or weekly wages on account of labor performed upon the work of the Contract, setting forth therein the names of the persons whose wages are unpaid and the amount due each, respectively. Section 220-B of the Labor Law, as so amended, provides that any interested person who shall have previously filed a protest in writing objecting to the payment to any Contractor or subcontractor to the extent of the amount or amounts due or to become due to him for daily or weekly wages for labor performed on the public improvement for which the Contract was entered into, or if, for any other reason, it may be deemed advisable, the Comptroller of the State or other financial officer of the Municipal Corporation may deduct from the whole amount of any payment on account thereof the sum or sums admitted by any Contractor or subcontractor in such statement or statements so filed to be due and owing by him on account of labor per- formed and may withhold the amount so deducted for the benefit of the laborers for daily or weekly wages, whose wages are unpaid as shown by the verified statements filed by any Con- tractor or subcontractor and may pay directly to any person the amount or amounts so shown to be due for such wages. Section 220-C of the Labor Law, as so amended, provides .the penalty for making of a false oath or verification. Section 220-D of the Labor Law provides that the advertised specifications for every Contract for the construction, recon- struction, maintenance and/or repair of highways to which the State, County, Town and/or Village is a party shall contain the provision stating the minimum rate of hourly wage that can be paid, as shall be designated by the Industrial Commissioner, to the laborers employed in the performance of the Contract , either by the Contractor, subcontractor or other person doing or contracting to do the whole or part of the work contemplated by the Contract , and the Contract shall contain a stipulation that such laborers shall be paid not less than such hourly minimum rate of wage. Any person or corporathn that willfully pays C-11 HOLZMACHER, MCLENDON &MURRELL, P.C. / H2M CORP. CONSUVINO ENQINUU AND ENWOONMUOTAL SCIENT SU CONTRACT - CONT'D. V after entering into such contract less than such stipulated minimum hourly wage scale shall be guilty of a misdemeanor and, upon conviction, shall be punished for a first offense by a fine of Five Hundred Dollars ($500.00) or by imprisonment for not more than thirty (30) days, or by both fine and imprisonment for a second offense by a fine of One Thousand Dollars ($1,000. 00) and, in addition thereto, the Contract on which the violation has occurred shall be forfeited ; and no such person or corporation shall be entitled to receive any sum or nor shall any officer, agent or employee of the State pay the same or authorize its payment from the funds under his charge or control to any person or corporation for work done upon any contract , on which the Contractor has been convicted of second offense in violation of the provisions of this Section. The minimum wage rates established by the Industrial Com- missioner, State of New York, for this Contract , are as set forth in the Information for Bidders. Section 1918 of the Penal Law, as amended, provides that no person shall discharge explosives in the ground, nor shall any person other than a state or county employee regularly engaged in the maintenance and repair thereof excavate in any then existing street , highway, or public place, unless notice thereof in writing shall have been given at least seventy-two hours in advance to the person, corporation or municipality engaged in the distribution of gas in such territory. The person having direction or control of such work shall give such notice and further, he shall ascertain whether there is within one hundred feet of such street, highway or public place, or in the case of a proposed discharge of explosives within a radius of two hundred feet of such discharge, any pipe of any person, corporation or municipality conveying combustible gas, and if any emergency involving danger to life, health or property, it shall be lawful to excavate without using explosives if the notices prescribed herein are given as soon as reasonably possible, and to disharge explosives to protect a person or persons from an immediate and substantial danger of death or serious personal in- jury if such notices are given before any such discharge is under- taken. Any such work shall be performed in such manner as to avoid damage to pipe conveying combustible gas. Any violation of the provisions of this Section shall be a misdemeanor. 1 C-12 HOLZMACHER, McLENDON 6 MURRELL. P.C. I HZM CORP. CONOULTINO ENGINEERS AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT'D. Y. 13. (QUALIFICATIONS I''OR EMPLOYMENT No person under the age of sixteen (16) years , and no person currently serving sentence in a penal or correctional institution shall be employed to perform any work on the project under this Contract . No person whose age or physical condition is such as to make his employment dangerous to his health or safety , or the health and safety of others, shall be employed to perform any work on this project ; provided, however, that such restriction shall not operate against the employment of physically h;indi- capped persons, otherwise employable, where each person may be safely assigned to work which they can ably perform. 14 . NON-DISCRIMTNATION There shall be no discrimination because of race, creed or color in the employment of persons for work under this Contract , whether performed by the Contractor or any subcontractor. Neither shall the Contractor or any subcontractor discriminate in any manner against or intimidate any employee hired for the perform- ance of work under this Contract on account of race, creed or color. There may be deducted from the amount payable to the Con- tractor by the Town under this Contract a penalty of Five Dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of this paragraph; provided that for a second or any subsequent violation of the terms of this paragraph, this Con- tract may be canceled or terminated by the Town and all monies due or to become due hereunder may be forfeited. 15. PAYMENT OF EMPLOYEES The Contractor and each of his subcontractors shall pay each of his employees engaged in work on this project under this Contract in full ( less deductions made mandatory by law) in cash and not less often than once each week . T C-13 HOLZMACHER, McLENDON& MURRELL. P.C. / H2M CORP. CONfULTINO ENGINEER; AND ENVIRONMENTAL SCIWTIfT9 CONTRACT - CONT"D. 16. ESTIMATES AND PAYMENTS (a) Monthly : At the end of each calendar month during the progress of the work, the Engineer slial.l make up an approximate estimate of the work done and the materials furnished, based upon the prices set forth in the Proposal . In consideration of the work done and the materials furnished , the Town will pay or cause to be paid to the Contractor the amount estimated by the Engineer as due him less a sum equal to five percent (5%) of such amount and less such additional amount as may be necessary to satisfy any claims , liens or judgments against the Contractor which have not been suitably discharged. The making of any such estimate or payment made thereon shall not be taken or construed as an acceptance by the Engineer of the Town of any work so estimated and paid for. The amount of the monthly estimate remaining un- paid will be retained by the Town as a guarantee that the Con- tractor will. faithfully and completely fulfill all obligations imposed by the, Contract and Specifications , and against any damages incurred by the Town by reason of any failure on the part of the Contractor to fulfill all conditions and obligations herein con- tained. All. partial. payments are subject to correction in any sub- sequent payment . The retained amounts shall be paid as set forth in 16b. •" (b) Final Certificate: Thirty (30) days after the Contractor shall have substantially completed the work required of it under the Contract the Engineer will prepare a final certificate of the re- maining amount of the Contract balance less a sum equal to two (2) • times the value of any remaining items to be completed and less an amount necessary to satisfy any claims , liens or judgments against the items of work are satisfactorily completed or corrected, the Town shall promptly pay, upon receipt of a requisition for these items less an amount necessary to satisfy any claims , liens or judgments against the Contractor which have not been suitably discharged. Any claims, liens and judgments referred to in this section shall pertain to the project and shall be filed in accordance with the terms of the applicable Contract and/or applicable laws . (c) In order to secure the performance of the convenant of the Contractor, prior to release of the Performance Bond, the Contractor shall deliver to the Town a Maintenance Bond equal to one hundred percent (100%) of the total Contract price, including all extras . This Maintenance Bond shall remain in full force and effect for a period of one ( 1) year after the date of the final certificate and such bond, which shall be executed by the Contractor and issued by a reliable, solvent surety company authorized to do business in the State of New York shall guarantee to the Town that the Contractor shall promptly remedy any defects or faults that may occur within twelve (12) months after completion and acceptance of the work per- formed by the Contractor pursuant to this Contract . T C-14 NOLZMACHER, MCLENOON&MURRELL. P.C. / N2M CORP. CONSULTING ENGINEERS ANO [NVIRONMEJITAL SCIENTIM CONTRACT - CONT'D. (d) Measurements for Payment : The Engineer shall make due measurement of the 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 the full measure of compensation to be received by the Contractor. When r•equest:ed 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 be proved , be paid for by the Contractor. 17. ACCEPTANCE OF FINAI, PAYMENT CONSTITUTES REI.,EASE The acceptance by the Contractor of the final. payment shall be, and shall operate as a release to the Town from all claims and all Liabilities to the Contractor for all things done or furnished in connection with this work and for every act and neglect of the Town and ol:her relating to, or arising out of , this work, excepting the Contractor ' s claims for interest upon the ficial payment , if this payments be improperly delayed. No payment , however, final or otherwise, shall. operate to release the Cont.r•actor or his sureties from any obligations under this Contract or the Performance Bond. r' 18. CONSTRUCTION RI{,PORTS The Contractor shall submit to the Engineer prior to the commencing of any work under this Contract a detailed schedule and plan of operation , indicating the manner in which the Contractor proposes to prosecute the work, and a time schedule therefore . 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 Contractor shall furnish the Engineer with periodic esti- mates for partial payments as required elsewhere in the Contract documents and, in addition thereto , will furnish the Eng:i.neer with a detailed estimate for final payment . Prior to being eligible to receive 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 other than the Town as may be required by such existing laws or regulations . C-15 HOLZMACHER, Mct.ENDON&MURR" P.C. / H2M CORP. CONSULTING ENGINEMS AND ENVIRONMENTAL SCIkNTIM CONTRACT - CONT'D. 19. INSPECTION AND TESTS All material and workmanship shall be subject to inspection, examination and test by the Engineer and other representatives of the Town at any time during the construction and at any and all. places where manufacturing of materials used and/or construct- tion is carried on. Without additional charge , the Contractor shall. furnish promptly all reasonable facilities, labor and materials neces- sary to make tests so required safe and convenient . If, at any gime, before final acceptance of the entire work , the Engineer considers necessary or advisable an examin- ation of any portion of the work already completed, by removing or tearing out the same, the Contractor shall , upon request , furnish promptly al . necessary facilities , labor and materials for such examination . If such work is found to be defective in any material respect , due to the fault of the Contractor or any subcontractor, or if any work shall be covered over without the approval or consent of the Engineer , whether or not the same shall be defective, the Contractor shall be liable for the expenses of or such examination and of satisfactory reconstruction. If, however, such approval and consent shall have been given, and such work is found to meet the requirements of this Contract , _ the Contractor shall be recompensed for the expense of such examin- ation and reconstruction in the manner herein provided for the payment of costs of extra work. The selection of laboratories and/or agencies for the in- spection and tests of supplies, materials or equipment shall be subject to the approval of the Engineer. Satisfactory documen- tary evidence that the material has passed the required inspec- tion and test must be furnished the Engineer prior to the incor- poration of the material in the work. Any rejected work shall be removed from the site of the project completely at the expense of the Contractor. C-16 HOLZMACHER, McLENDON & MURRELL. P.C. / H2M CORP. COMULTING ENOINEERS AND ENVIRONMENTAL SCIENTIM CONTRACT - CONT'D. 20. 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 on the Plans shall have the same effect as if shown or mentioned respectively in both . In case of any conflict or inconsistency between the Plans and Specifications , the Plans shall govern. Any discrepancy between the figures and specifications shall be submitted to the Engineer , whose decision therein shall be conclusive . 21 . SUI3SURFACE CONDTTIONS FOUND DIFFERENT Should the Contractor encounter subsurface conditions at the site materially differing from those shown on the Plans or indi- cated in the Specifications , lie 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 , lie shall at once make such changes in the Plans and/or Specifications as lie 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 . Z 22. CONTRACTOR'S TITLE TO MATERIALS No material or supplies for the work shall be purchased by the Contractor or by 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. 23 . SUPERINTENDENCE BY CONTRACTOR At the site of the work the Contractor shall employ a Con- struction Superintendent or foreman who shall have full authority to act for the Contractor. It is understood that such represen- tative 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. C-17 HOLZMACHER, MCLENbON 6 MURRELL. P.C. / H2M CORP. CONSULTING ENGINEM ANO ENVIRONMENTAL OCIENTIS" CONTRACT - CONT'D. 24 . PROTECTION OF WORK, PERSONS AND PROPERTY Precaution shall be exercised at all times for the proper protection of all persons , property and work. The safety pro- visions 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 Town or its Engineer to adequately safeguard the traveling public . The Contractor shall give notice to the owners of all utilities which may serve the area and request their assistance in pre- determining the location and depth of the various pipes , conducts , manholes and other underground facilities . 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 Town 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 Town might be liable. The Contractor shall be liable for all injury or damage caused by his act or neglect, or that of his employees . 25. PATENT RIGHTS As part of his obligation hereunder and without any ad- ditional compensation, the Contractor will pay for any patent fees or royalties required in respect to the work or any part thereof and will fully indemnify the 'Town for any loss on account of any infringement of any patent rights , unless prior to his use in the work of a particular process or a product of a particular manufacturer, lie notifies the 'Town in writing that such process or product is an infringement of a patent . C-18 HOLZMACHER, MCLENDON &MURRELL, P.C. / H2M CORP. CONSULTING ENGINEERG AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT' D. 26 . REPRESENTATIONS OF CONTRACTOR The Contractor represents and warrants : (a) That he is financially solvent and that he is experienced in and competent to perfrom the type of work involved under this Contract and able to furnish the plant materials , supplies acid/or equipment to be furnished for the work ; and (b) that lie is familiar with all Federal , State and Municipal Laws , ordinances and regulations which may in any way affect the work of those employed hereunder, including bul not limited to any special acts relating to the work ; and (c) that such work required by these Contract Documents as is to be done by him can be satisfactorily constructed and used for the purpose for which it is intended and that such construc- tion will not injure any person or damage any property ; and (d) that he has carefully examined the Plans , Specifications , and the site of the work, and that from his own investigation lie has satisfied himself as to the nature and location of the work, the character, location, quality and quantity of surface and sub- surface materials , structures and utilities likely to be encountered, the character of equipment , and other facilities needed for the performance of the work, the general local conditions which may in any way affect the work or its performance, 27. AUTHORITY OF THE ENGINEER In the performance of the work, the Contractor shall abide by all orders and directions and requirements of the Engineer and shall perform all work to the satisfaction of the Engineer, at such time and places , by such methods , and in such mariner 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 enumeratirn herein or elsewhere in the contract documents of particular instances in which the opinion, judgment, discretion or determination of the Engineer shall control , or in which work shall be performed to his satisfaction or subject to his approval , or inspection, shall not imply that only matters similar to those enumerated shall be so governed and so performed, but without exception all the work shall be governed and so performed. C-1J HOIZMACHER, McUNWN &MURR" P.C. / H2M CORP. CONSULTING E401HEM AND ENVIRONMENTAL SCIWIM CONTRACT - CONT'D. 28. SURVEYS The Engineer will furnish to the Contractor all layouts , measurements and lines and grades necessary for the execution of the work. When and as requested, the Contractor will fur- nish the necessary stakes and spikes for laying out such lines and grades and the unskilled labor necessary to place same. 29. CHANGES AND ALTERATIONS The Town reserves the right to make alterations in the location, line, grade, plans , form or dimensions of the work, or any part thereof, either before or after the commencement of the 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 tie quantity of work actually done and at the prices for such work as contained in the schedule of prices . 30. CORRECTION OF WORK All work and all materials , whether incorporated into the work or not, all processes of manufacture and all methods of con- struction shall be, at all times and places , subject to the in- spection of the Engineer who shall be the final judge of quality, materials, processes of manufacture and methods of construction suitable for the purpose for which they are used. Should they fail to meet his approval they shall be forthwith reconstructed, made good and replaced and/or corrected as the case may be, by the Contractor at his own expense. Rejected materials shall im- mediately be removed from the site. If, in the opinion of the Engineer, it is not desirable to replace any defective or damaged materials or to reconstruct or correct any portion of the work injured or not performed in accordance with the Contract Documents , the compensation to be paid to the Contractor hereunder shall be reduced by such amount as , in the 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 , settlements, or shrinkages which may appear within one year following the date of the final certi- ficate, Neither the acceptance of the completed work nor C-20 HOLZMACHER, MCLENDON &MURRELL. P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIIIONMENTAL SCIENTISTS CONTRACT - CONT'D. payment therefor shall operate to release the Contractor or his sureties from any obligations under or upon this Contract or h the Performance Bond. 31 . WEATHER CONDITIONS In the event of temporary suspension of the 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 materials shall have been damaged or injured by reason of the 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. 32, THE TOWN'S RIGHT TO WITHHOLD PAYMENTS The Town may withhold from the Contractor so much of any approved payments due him as may , in the judgment of the Town, be necessary: (a) To assure the payment of just claims then due and unpaid of any persons supplying labor or materials for the work; (b) To protect the Town from loss due to defec- tive work not remedied, or (c) To protect the Town from loss due to injury to persons or damage to the work or property of other contractors or subcontractors or others, caused by tle act or neglect of the Contractor or any of his subcontractors . The Town shall have the right , as agent for the Contractor, to apply any such amounts so withheld in such manner as the Town may deem proper to satisfy such claims or to secure such protection. Such application of such money shall be deemed payments for the account of the Contractor. C-21 HOLZMACHER, McLENQQN& MURRELL. P.C. / H2M CORP. CON$ULTINQ ENOINEEM ANO ENVIRONMENTAL SCIENTIl" CONTRACT - CONT' D. 33. THE TOWN 'S RIGHT TO STOP WORK OR TERMINATE CONTRACT: IP, (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 Conti-actor shall refuse or rail. , after notice or warning from the Engineer, to supply enough properly skilled workmen or proper materials, or (d) The Contractor shall refuse or fail to prosecute the work or any part thereof with such diligence as will insure its completion within the period herein specified (or any duly authorized extension thereof) or shall fail to complete the work within said period, or (e) The Contractor shall. fail to make prompt payment to persons supplying labor or materials for the work, or ( f) The Contractor shall fail or refuse to regard laws , ordinances , or the instructions of the Engineer or otherwise be guilty of a substantial violation of any provision of this Contract , then, and in any such event , the Town, without prejudice to any other rights or remedy it may have, may by seven (7) days notice to the Contractor, terminate the employ- ment of the Contractor and his rights to proceed either as to the entire work or (at the option of the Town) as to any portion thereof as to which delay shall have occurred, and may take possession of the work and complete the work by contract or otherwise , as the Town may deem expedient . In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the compensation to be paid the Contractor hereunder shall exceed the expense of so completing the work ( including compensation for additional managerial , administrative and inspection services and any damages for delay) , such excess shall be paid to the Contractor. C-22 I HOLZMACHER, MCLENOON &MURRELL, P.C. / HZM CORP. CONSULTING ENGINUAS AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT'D. t > If such expense shall exceed the unpaid balance, the Contractor and his sureties shall be liable to the Town for such excess . If the right of the Contractor to proceed with the work is so terminated, the Town may take possession of and utilize in completing the work such materials , appliances , supplies , plant and equipment as may be on the site of the work and necessary thereof. If the Town does not so terminate the right of the Contractor to proceed, the Contractor shall continue the work. 34 . CONTRACTOR' S RIGHT TO STOP WORK OR TERMTNA`1'E CONTRACT If the work shall be stopped by order of the Court or any other public authority, for a period of three months without act or fault of the Contractor or of any of his agents , servants , em- ployees or subcontractors , the Contractor ; may, upon tell (10) days notice to the Town, discontinue his performance of the work and/or terminate the Contract, in which event the liability of the Town to the Contractor shall be determined as provided in the paragraphs immediately preceding, except that the Contractor shall not be obligated to pay to the Town any excess of the expense of completing the work over the unpaid balance of the compensation to be paid to the Contractor Hereunder. I 35. RESPONSIBILITY OF WORK The Contractor agrees to be responsible for the entire work embraced in this Contract until its completion and final acceptance, and that any unfaithful or imperfect work that may become damaged from any cause, either by act of commission or omission to properly guard and protect the work that may be dis- covered at any time before. the completion and acceptance shall be removed and replaced by good and satisfactory work without any charge to the Town and that such removal and replacement will be performed immediately on the requirement of the Engineer, notwithstanding the fact that it may have been overlooked by the proper inspector, and partial payment made thereon. It is fully understood by the Contractor that the inspection of the work shall not relieve him of any obligation to do sound and reliable work as herein prescribed, and that any omission to disapprove of any work by the Engineer at or before the time of a partial payment -or other estimate shall not be construed to be an acceptance of any defective work. C-23 HOL.ZMACHER, MCLENDON 6 MURRELL. P.C. I H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS CON` IZACT - CONT'l). 36, USES OF PREMISES AND REMOVAL OF DEBRIS r The Contractor expressly undertakes at his own expense: (a) to take every precaution against injury to persons or damages to property ; (b) to store his apparatus , materials , supplies and equip- ment 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 ; or other contractors ; (c) to place upon any of the completed work only such super- imposed loads as are consistent with the safety of that portion of the work ; (d) 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 and orderly and workmanlike appearance ; (e) before final certificate, to remove all surplus material, temporary structures , plants of any description and debris of any and every nature resulting from his operations and to put the site in a neat and orderly condition. 37. POWER OF THE CONTRACTOR TO ACT IN AN EMERGENCY In case of an emergency which threatens loss or injury to property and/or safety to life, the Contractor will be permitted to act as lie sees fit without previous instructions from the En- gineer. Ile shall notify the Engineer thereof immediately there- after and any compensation claimed by the Contractor due to extra work made necessary because of his acts in such emergency shall be 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 in- structed 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. C-24 HOLZMACHER, MCLENDON b MURRELL, P.C. / H2M CORP. CONSULTING ENOINEMS AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT'D. 38, SUITS AT LAW r The Contractor shall indemnify and save harmless the Town from and against all suits , claims , demands or actions for any injury sustained or alleged to be sustained by any party or parties in connection with the construction of the work or any part thereof, or any commission or omission of the Contractor , his employees or agents or any subcontractors and in case any such action shall be brought against the Town, the Contractor shall immediately take care of and defend the same at his own cost and expense. 39. PROVISIONS REQUIRED BY LAW DEEMED INSERTED Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein, and, if through mistake or otherwise, any such provision is not inserted or is not correctly inserted, then upon the application of either party, the Contract shall forthwith be physically amended to make such insertion. 40. SUBLETTING, SUCCESSOR AND ASSIGNS t The Contractor shall not sublet any part of the work under this Contract, nor assign any money due him hereunder without first obtain- ing the written consent of the Town. This Contract shall endure to the benefit of and shall be binding upon the parties hereunder and upon their respective successors and assigns , but neither party shall assign or transfer his interest herein in whole or in part without consent of the other. 41. WAIVER OF IMMUNITY If any person, corporation, or body contracting with the Town, who when called before a grand ,jury, head of a city department , or other agency, which is empowered to compel the attendance of wit- ness and examine them under oath, to testify in an investigation concerning any transaction or contract had with the state, any polit- ical subdivision thereof, a public authority or with any public department , agency or official of the state or of any political sub- division thereof or of a public authority, refuses to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant question concerning such transaction or contract , then C-25 HOLZMACHER. MCLENDON&MURRELL. P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL 6C1E7NTIS" CONTRACT - CONT"D. (a) such person, and any firm, partnership or corporation of which he is a member, partner, director or officer shall be disqual- ified from thereafter selling to or submitting bids to or receiving awards from or entering into any contracts with any municipal corp- oration or fire district , or any public department , agency or official thereof, for goods , work or services , for a period of five years after such refusal (b) any and all contracts made with the Town or any agency or official thereof, by such person, and by any firm, partnership, or corporation of which he is a member, partner, director or officer may be cancelled or terminated by the Town without incurring any penalty or damages on account of such cancellation or termination, but any monies owing by the municipal corporation for goods delivered or work done prior to the cancellation or termination sliall be paid, C-26 HOLZMACHER. MCLENDON a MURRELL. P.G. 1 H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT' D. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. TOWN OF SOUTHOLD BY - (TOWN SEAL) William R. Pell III , Supervisor (SEAL) Contractor BY : TITLE : STATE OF NEW YORK ) ) ss: COUNTY OF SUFFOLK ) On the day of` 19__, before me personally came William R. Pell III , to me known, who being by me duly sworn, did depose and say that he is the duly elected Supervisor of the Town of t Southold, County of Suffolk, New York , and that at a meeting of the • Town Board of the Town of Southold, duly held on the day of , 19 , the said Board, authorized the said Super- visor to execute all and any contracts on behalf of the Board; that he knows the seal of the said Town, that the Seal affixed to the foregoing instrument is its corporate seal ; that it was affixed thereto by order of the said Board , and that he signed his name thereto and executed the said instrument on behalf of the said Town by like order and authority. NOTARY PUBLIC C-27 J HOLZMACHER, McLENDON b MURRELL, P.C. / H2M CORP. CONSULTING ENGINMA ANO ENVIRONMENTAL SCIENTIM CONTRACT - CONT'D. 4 ACKNOWLEDGMENT OF C ONTRACTOR, IF A CORPORATION STATE OF NEW YORK) ) SS: COUNTY OF ) On this day of 19 before me personally came and appeared to me known, who by me being duly sworn, did depose and say that he resides at that he is the of the Corporation described in and which executed the foregoing in- strument , that he knows the seal of said corporation, that one of the seals affixed to said instrument is such seal , that it was so affixed by order of the Directors of said corporation, and that he signed his name thereto by like order. r` • NOTARY PUBLIC • ACKNOWLEDGMENT OF CONTRACTOR, IF A PARTNERSHIP STATE OF NEW YORK) SS: COUNTY OF ) On this day of 19 before me personally came and appeared to me known, and known to me to be one of the members of the firm of , described in and who executed the foregoing instrument, and lie acknowledged to me that he ex- ecuted the same as and for the act and deed of said form. NOTARY PUBLIC C-28 HOLZMACHER,McLENDON&MURRELL,P.C.I H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS GENERAL SPECIFICATIONS THE ITEMS HEREIN REFERRED TO ARE THE ITEMS OF THE SUFFOLK COUNTY DEPARTMENT OF PUBLIC WORKS SPECIFICA- TIONS ADOPTED NOVEMBER 1, 1968 AS AMENDED. THESE SPECIFICATIONS SHALL BE INCORPORATED BY REFERENCE AND SHALL APPLY AS IF DETAILED IN FULL, UNLESS HEREIN MODIFIED. f n GS-1 HOLZMACHER,MCLENQON 81 MURRELL,P.C.f H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS GENERAL SPECIFICATIONS (CONT'D. ) GENERAL REQUIREMENTS The successful bidder shall furnish, deliver and apply on the project asphaltic concrete of an approved quality which shall meet the requirements shown under its respective item for the kind of material furnished. For any contract, the material furnished shall show uniform test. QUANTITIES OF BITUMINOUS MATERIALS The Contractor must"furnish to the Engineer a certified copy of the weights of the asphaltic concrete material delivered. CONSTRUCTION The successful bidder shall apply the asphalt concrete on the pro- ject in accordance with the materials and construction details for the respective item in the Suffolk County Department of Public Works Speci- fications, except as may be modified in the Technical Specifications of r this Contract. MEASUREMENT AND PAYMENT • The price bid shall be full compensation for furnishing, hauling, applying and rolling, and shall also include materials, labor, equip- ment and incidentals necessary to complete the work satisfactorily. GS-2 HOLZMACHER,McLENQON&MURRELL,P.C.I H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS TECHNICAL SPECIFICATIONS it 1. 0 SCOPE Under this Contract the Contractor shall furnish and place base course asphalt concrete on New Suffolk Avenue and certain intersecting side streets, generally between Camp Mineola Road and Meadow Lane, as directed by and to the approval, of the Engineer. 2 .0 MATERIALS The base course asphalt concrete shall be as specified under Item 45SP, "BASE COURSE ASPHALT CONCRETE TYPE 1A, " in the Suffolk County Department of Public Works Specifications of November 1, 1968 as amended. 3 . 0 CONSTRUCTION DETAIL Under this Contract the Contractor shall furnish and place bitumi- nous concrete Type lA in order to construct an asphalt concrete base course having a material thickness of 3 inches after compaction. A typical roadway section is included on Page TS-2 of this Specification. 4 . 0 METHOD OF CONSTRUCTION The method of construction shall be in accordance with the Suffolk • County Department of Public Works Specifications of 1968 as amended, "MATERIALS AND CONSTRUCTION DETAILS FOR ITEM 45SP , BASE COURSE ASPHALT TYPE 1A. " It shall conform to all applicable requirements described under "BITUMINOUS PAVING CONSTRUCTION, PART II , SECTION 8" of the Suf- folk County Department of Public Works Specifications of 1968 , as amended. The bituminous concrete base course shall be constructed when and as directed by and to the approval of the Engineer; the construction of the bituminous concrete base course shall be coordinated with work being done by others at the project site. 5. 0 METHOD OF MEASUREMENT The quantity to be paid for under this Contract shall be the number of tons of material placed and compacted in accordance with this Speci- fication, and as ordered by and to the approval of the Engineer.. TS-1 A H t=i n x z H n r En tijro n H shou/da� /2=0"' H n H H O N to T n � ro Th¢or-•¢pica/ -��rac�2 z° o ,!�' <ch y In 2c fait ir�o�s �r�vv oricr/ ,1J'" z/�?4 dM. 7&512,; oth��s /",pop covrsE'as osoh�.'/ coi�c��/e /,1- I/errs,SiF tby others) ; (6y othds) ,' n ;3" Baso co��se as f�a// Cor�c'r�/� IQ- 4fJ; ' (this contrast) r 6� obi/fie soy/c�qq.--Cqa e s� bosom- �rr� y of Q,- � 3 �sohal/ic- ce17CI el', fog- 0 TYPICAL ROADWAY SECTION HOLZMACHER,McLENDON,& MURRELL, P.C.f H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS' TECHNICAL SPECIFICATIONS (CONT'D. ) s 6. 0 BASIS OF PAYMENT The unit price bid per ton for this item shall include the cost of furnishing all labor, materials and equipment necessary to complete the work, including bitumen, mixing, transport, placing and rolling. r r, TS-3 ti x e a i Holzmacher, McLendon and Murrell, P.C./M2M Corp. Consulting Engineers, Planners and Environmental Scientists Melville,N.Y. Farmingdale,N.Y. Riverhead,N.Y. Newton,N.J. eop 7" WN SUFFOLK COUN'I`Y NEW VOR.TK CONTRACT KND SLIE(*.* Fj'CA",.'i'(0-15 FOR FURNISHING AND FLACTNG BASE COURSE ASPHALT C fI)Nl fA—`I f ON NEW SUFFOLK AVENUE PROJECT NO. SOHT 81 _-04 S>a +rrvi.sor ! William R. Pell. TTI Councilmen llem_y W. Drum Francis T. M:urphy Larry W. Murdock ;���ttn ,� A7:i.ck!fr.s Justice Francis T. Doyen SU1 T. OF HIGHWAYS ",i OV%9,` is LEI T'.K Raymond C'. Clean. J"Idit h T. AIDRIL 198.1 Holzmacher, .McLendon and.Murrell, P.C./ M2M Corp. Consulting Engineers, Planners and Environmental Scientists Melville,N.Y. Farmingdale,N.Y. Riverhead.N.Y. ' Newton,N.J. I i HOLZMACHER,MCLENDON i MURRELI„P.C.1 HZM CORP. CONSULTING ENGINEERS ANO ENVIRONMENTAL SCIENTISTS INDEX y TOWN OF SOUTHOLD FURNISHING AND PLACING BASE COURSE ASPHALT CONCRETE ON NEW SUFFOLK AVENUE PAGE Index I - 1 page Notice to Bidders NB - .l page Information for Bidders IB 12 pages Proposal P-A thru P-D Indemnity, Limitation of Liability ILL - l page Contract C - 28 pages General Specifications GS - 2 pages Technical Specifications TS - 3 pages i I-1 HOLZMACHER, MaLENDON& MURRELL,P.C. I H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN that SEALED BIDS will be received by the Town Clerk of the Town of Southold at the Town Hall, Main Road, Southold, New York, until 3 : 00 P.M. , prevailing time, on Thursday, April 30, 1981 , at which time and place they will be publicly opened and read for the following contract: FURNISHING AND PLACING BASE COURSE ASPHALT CONCRETE ON NEW SUFFOLK AVENUE The above item must conform to the Specifications of the Suffolk County Department of Public Works for Item 45SP - Base Course Asphalt Concrete Type 1A. Specifications may be obtained on or after April 23 , 1981 at the Town Hall and offices of the Consulting Engineers, HOLZMACHER, McLENDON & MURRELL, P.C. , 209 West Main Street, Riverhead, New York, 11901, and 125 Baylis Road, Melville, New York, 11747 , upon deposit of twenty-five dollars ($25 . 00) for each set furnished. Deposits for Specifications will be refunded to bidders who return Specifications within ten (10) days in good condition; other deposits will either be partially or not refunded if the Specifications have not been returned in good condition within thirty (30) days after bids have been opened. Each Proposal must be accompanied by a certified check or bid bond in the amount of five percent (5%) of the total bid, made payable to William R. Pell, III , Supervisor, Town of Southold, as set forth in the Information to Bidders. The Town reserves the right to reject any or all bids, to waive any informalities and to accept such alternate bid which, in the opinion of the Town Board, will be in the best interests of the Town. BY ORDER OF THE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK JUDITH T. TERRY, TOWN CLERK TOWN OF SOUTHOLD SOUTHOLD, NEW YORK 11971 DATED: APRIL 21, 1981 NB-1 HOLZMACHER. McLENDON &MURRELL. P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS INFORMATION FOR BIDDERS BIDS FOR PROJECT The Town of Southold will receive SEALED PROPOSALS for Furnishing and Placing Base Course Asphalt Concrete on New Suffolk Avenue. TIME AND PLACE OF BID Bids are to be submitted in opaque envelopes and will be received by the Town of Southold at the Town Hall , Main Road, Southold, New York, not later than 3 : 00 P.M. , Prevailing Time, Thursday, April 30, 1981 , at which time and place they will be publicly opened and read aloud. Use of the mails shall be at the Bidder 's own risk, and the Bidder shall be responsible for physical delivery of the Bid at the time and place set for opening of Bids. BID ENVELOPE All proposals and either the certified check or bid bond must be placed in a sealed envelope bearing the Bidder ' s firm name and address marked, "Project No. SORT 81-04, Proposal for Furnishing and Placing Base Course Asphalt Concrete on New Suffolk Avenue, Town of Southold, Suffolk County, New York" , but otherwise unmarked. If mailed, this envelope shall be placed in another envelope addressed to Town Clerk Judith T. Terry, Town of Southold, Town Hall , Main Road, Southold, New York 11971 . Use of the mails is at the Bidder ' s risk. IB-1 HOLZMACHER, MCLENDON &MURRELL. P.C. / H2M CORP. CQNSUITINa 040INUAS AND WVIRQNMENTAL SCILWTIS?S INFORMATION FOR BIDDERS (CONT'D. ) SPECIFICATION DEPOSITS (a) Deposits for specifications will be completely refunded to Bidders who return same in good condition within ten (10) days after r. -ceipt of bids. Bidders will receive one-half of the deposit amount tur specf.ications returned after ten (10) days and before thirty (30) days following the bid date. (b) Deposits for specifications will be completely refunded to non-bidders who return same in good condition within 48 hours of receipt of said specifications. Non-bidders will receive one--half the deposit amount for specifications returned in good condition within ten (10) days following the bid date. No deposit for specifica- tions will be refunded to non-bidders after ten (10) days following the bid date. i IB-2 HOLZMACHER, MCLENDON& MURRELL, P.C.I H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS INFORMATION FOR BIDDERS (CONT'D. ) SPECIFICATIONS Complete sets of specifications for the inspection of prospective bidders will be found on file with the Town Clerk, Town of Southold, Town Hall, Main Road, Southold, New York, and at the office of Holz- macher, McLendon & Murrell, P.C. , Consulting Engineers , 209 West Main Street, Riverhead, New York, or 125 Baylis Road , Melville, New York. All contractors must leave their names, phone numbers and correct mailing addresses upon receipt of the specifications. VERBAL ANSWERS The Town, its agents, servants or employees, or the Engineer, will not be responsible in any manner for verbal answers to any in- quiries regarding the meaning of the contract specifications given prior to the awarding of the contract. : EXAMINATION OF SITE Bidders must satisfy themselves by personal examination of the location of the proposed work and of the actual conditions and require- ments of the work, and shall not, at any time after the submission of a proposal, dispute or complain of such estimate or assert there was any misunderstanding in regard to the scope of the work. Y The Contractor shall inspect the site and existing conditions be- fore submitting his bid. PROPOSAL The Form of Proposal contained herein shall be used in making out bids. Any proposal not in accordance with these instructions, or con- taining bids not asked for, may be rejected. IB-3 MIXZMACHER, MCLENOON a MURAELtI. M / H2M 0O1M. CONSULTING 040I0IMS AMD fNVIRONMURAL 9CIUMS" 1NFORMAI'loN FOR B I DDIMS (CONI" 0. ) As the estimates of cluantit i.cs of i toms stated in the proposal are approximate only , bidders are required tO submit their l01'1►posal upon and in the following express cor►ditiuns , which sl►all apply ;incl become a Dart of every 1►rol)usal received . Fach bidder- shall fill out , in ink , in Doth words and figures , in the spaces providrd , his unit or lump sure bid , as the case "MY be , for each item in said Dorm of I'rol►osal for which he is submitting a bid . No bid will be considered which docs not include bids for all itemsn tTic:�lii�ohos;► 1`,�incliiJi�firnc cir^co�ilet ion . �' �" if the contract is not executed by the Town within forty- five ( 35) days after the receipt of bids , tl►e obligation of the bidder under this proposal may terminate at his option and lie shall there- upon be entitled to a refund of his certified check or release of his bid bond furnisl►ed by him as security with his proposal . BID BOND Olt CIiR'('I I f li!► CHECK Each proposal fror► a contractor shall. be accompanied by a hid bond or certified check on a solvent bunk of the State of New York , in the amuuut of five percent (51d) of tl►e total I,iel . SIICII check shall be made payable to William R. Pell III , Supervisor, Town of Southold, New York , and the amount thereof shall be the measure of litluidated damages which the 'Town will sustain by the failure , neglect or refusal of the bidder to execute and deliver the contract , should the contract be awarded to him. IIle checks of all unsuccessful bidders will be returned upon the rejection of bids and the execution of tl►e contract by the parties ; also , the check of the successful bidder will be returned upon the execution of the contract and the furnishing of the reclu i red bond . NAME OF BIDDER Bach bidder mt►st state in liis proposal , his full name and busi - ness address , and the frill name of every person , firm or corporation interested in the same ; and the address of every person or firm or president and secretary of every corporation interested with Ili"'. If 4 18-4 HOLZMACHER, McLENDON 6 MURRELL, P.C. / H2M CORP. CONSUMNO CNGINUU AND 9MVIIIONM04TAL 10CIt?MSU INFORMATION FOR li l DDHZ (CONT ' D. ) F no other person be so interested , )re must distinctly state that fact , also that his proposal is made without any connection directly or in- directly with any other bidder for the work particularly mentioned in his proposal ; that it is in all respects without fraud or collusion, and that no person acting for or employed by the Town is directly or indirectly interested therein, or in the supplies of work to which it relates , or in any portion of the prospective profits thereof. QUALIFTCATIONS OF BIDDERS (1 ) The Town reserves the right to waive any informalities in, or reject any and all bids . The Town reserves the right to re- ject any and all bids which do not conform to the proposals , or upon which the bidders do not comply with the requirements of the Town as to their qualifications . (2) All bidders must prove to tine satisfaction of the Town that they are reputable , reliable and responsible , and that they pos- sess the necessary qualifications to successfully deliver the proposed equipment , and that they have performed and completed successfully similar work to an extent which , in the opinion of the Town , will qualify them by experience to perform the work which is proposed. (3) In determining the qualifications of a bidder , the Town will consider his record in the performance of any contracts entered into by Trim for the work contemplated or of similar nature may make such investigation as it deems necessary to determine the ability of tine bidder to perform the work, and the bidder shall furnish to the Town all such information and data for this purpose as the Town may request . (4) The Town shall be the sole judge of the qualifications of the bidders and of the merits thereof and reserves the right to reject any bid if the record of the bidder in the performance of contracts , payment of bills and meeting of obligations to subcontractors , material - men or employees is not satisfactory to the Town , or if the evidence submitted by or the investigation of such bidders fails to satisfy the Town that he is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. GUARANTEE BOND The successful bidder shall be required to furnish at. the execu- tion of the contract an executed bond of a surety company authorized 113-5 WXZMACHER. MCLENDON 6 MURRELL. P.C. / HZM CORP. CON'UMNO D441MURS AND 9NVIQONM0#TAL •CIENTISTS INFORMATION FOR BIDDER (CONT. D) h to do business in the State of New York and approved by the 'TOIvn in an amount equal to one hundred percent ( 100'b ) Of the total amount of the contract , guaranteeing t.o the Town the faithful peri'ormance of the contract , and payment of all claims for materials , labor and wages in connection therewith . SIGNA'TURI: OF CONTRACTOR The bidder to whom a contract may be awarde,l shall attend at the office of the '1'oWll, with the sureties offCl'd by him, within seven (7) days , Sunday excepted , after the date of notification by mail of the acceptance of his proposal. , and there sign the contract in quadrupli- cate for the work and furnish approved security for its pec•formance . In case of failure to do so , the bidder shall be considered as having abandoned the same , and the check accompanying his proposal shall be forfeited to the 'town , or the penalty of the hid hand shall be invoked. CONTRACTOR 'S INSURANCE The contractor shall not commence any work until he has obtained ' and had approved by the 'Town all of the insurance specified and required in the contract . WAIVER OF IMMUNITY Attention of the bidder is hereby directed to the requirements of the General Municipal Law of the State of New York and in particular to Section 103-a of the General Municipal Law regarding "Waiver of Immunity" , as indicated on Page C-8 of the contract . RESPONSIBILITY FOR BIDDER Attention is hereby particularly directe,] to the provisions of the contract whereby the contractor will be responsible for any loss or damage that may happen to the material or any part thereof during its delivery ; and also whereby the contractor shall make good any defects or faults due to materials or workmanship within twelve (12) months after its delivery, placement , and acceptance. 113-6 HOLZMACHER, McLENDON &MURR" P.C. / HZM CORP. CONSULTING CNQlHUX4 AND [NVIRONMCNTAL SCIETI S" INFORMATION FOR BIDDERS (CONT'D. ) In order to secure the performance of the covenant of the con- tractor, the Town shall retain the Guarantee [fond during the period of one (1) year from the date of the Engineer ' s final certificate. Work is required to be completed to the satisfaction of the Engineer and in :substantial accordance with the specifications hereunto annexed. TOWN OF SOUTHOI,D SUFFOLK COUNTY, NEW YORK IB-7 State of New York Bureau of Public Work Department of Labor 4 A State Office Building Campus Albany, N.Y. 12240 CONTRACT REQUIREMENTS Each public work contract to which the State,a public benefit corporation,a municipal corporation or a commission is a party and which may involve the employment of aborers,workmen or mechanics,shall comply with the requirements of Article 8 of the New York State Labor Law: 1. No laborer, workplan 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 the contract shall he permitted or required to work more than eight hours in any one calendar day or more (hall live days in any one week except in the extraordinary enurgencies set forth in the Labor I.aw or where a dispensation is granted by the Industrial Conlmissioner. (See Section 0.2) 2. Each laborer, workman or mechanic employed by tllc contractor or subcontractor shall be paid not less than the prevailing rate of wages at the tinic the work is performed,and shall he paid or provided not less than the prevailing supplements at the time the work is performed, as determined by the fiscal officer. If the prevailing rate of wages or the prevailing Supplements change after the prevading rate schedule is issued,each workman,laborer or mechanic shall he paid or provided not less than the new rates. (See Section 220.3) 3. The contractor and every subcontractor shall post in a pronunent and accessible place at the work site a statement of the current wage rates and supplements specified by the contract for the various classes of mechanics,workmen or laborers. (Sec Section 220.3-a) 4. Apprentices must be registered, individually, under a bona fide program registered with the New York State Department of Labor. The allowable ratio of apprentices to journeymen in any craft classifica- tion shall not he greater than the ratio permitted to the contractor as to his work force on any job under the registered program. Any employee who is not registered as alcove, shall be paid the pre- vailing wage rate for the classilication of work he actually performed. The contractor or subcontrac- tor will be required to furnish written evidence of the registration ol'his program and apprentices as well as of the appropriate ratios and wage rates for the area of construction, prior to using any apprentices on the contract work. (See Section 220.3-e) 5. (a) No contractor, subcontractor, nor any person acting on his behalf,shall by reason of race,creed, color, sex or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the enlployulent relates.(See Section 220-e (a) ) (b) No contractor, subcontractor, nor any person acting on his behalf shall,in any manner,discrimi- nate against or intimidate any employee on account of race,creed,color,sex or national origin. (See Section 220-e (b) ) NOTE: The Human Rights Law also prohibits discrimination in employment because of age,disability or marital status. (c) There may be deducted from the amount payable to the contractor under the contract a penalty of five dollars for each calendar day during which such person was discriminated against or intim- idated in violation of the provisions of the contract. (See Section 220-e(c) ) (d) The contract may be cancelled or terminated by the State or municipality,and all moneys due or to become due thereunder may be forfeited, for a second or any subsequent violation of the terttls or condition of the anti-discrimination sections of the contract. (See Section 220-e (d) ) (e) These provisions shall be limited to operations performed within the State of New York. (See Section 220-c(c) ) r IB-8 PW-3(5-80) • STATE OF NEW YORK DEPARTMENT OF LABOR BUREAU OF PUBLIC WORK STATE OFFICE BUILDING CAMPUS ALBANY, N. Y. 12240 Schedule Type-FIVY / HWY 30 Date 04/28/81 Refer to: PREVAILING RATE CASE NO. T/O Southold PRC 8101728 NAS/SUF 01 to: Donald A. Si oss, PE-Prof. Mgr. Location and Type of Project Holzmacher, MCLendon & Murrell Place base course 125 Baylis Road asphalt concrete Melville, NY SOHT 81-04, 7/0 Southold 11747 Mattituck, Suffolk CO. In response to your request, enclosed are schedules of the prevailing hourly wage rates and the prevailing hourly supplements for the above project, together with copies of the Notice of Contract Let (PW-16) for your use. The schedules must be annexed to and form is part r+f the specifications for this project when it is advertised for bids. These schedules has-e been prOpc,red .and •forwarded rn accordance r:ith Sectson 22U of the Labor Law, which provides that it shall be the duty of the fiscal officer to ascertain and determine the schedules of supplements to be provided and wages to be paid to workers, laborers and mechanics employed on public work projects, and to file such schedules with the department having jurisdiction. These wage rates and supplemental benefits are subject to change, and you will be periodically notified of such changes. The wage rates and supplemental benefits to be paid and provided must be those prevailing at the time the work is being performed. Supplemental Benefits Legend used in the "other supplements" column of the Prevailing Rate Schedule: A. Health 8 Welfare ( includes hospital C. Supp. Unemployment Benefits I. Annuity Fund surgical or medical insurance or D. Scholarship Fund J. Benefit Fund benefits, life insurance or death E. Paid Holidays K. Security Savings benefits, accidental death or dis- F. Education Fund memberment insurance). G. Vacation L. Holiday Pay B. Pepsi on H. Appr-enti ce Trai ni ng M. Other Very truly yours, Nicholas Valentine, Jr. DIRECTOR WHEN ANY PROJECT IS COMPLETED OR CANCELLED, NOTIFY THE NEAREST DISTRICT OFFICE OF THE BUREAU OF PUBLIC WORK. (see addresses below) State Office Bldg. Campus, A I bang N. Y. 12240 65 Court St. , Buffa I o N. Y. 14202 155 Main Street West, Roches ter N. Y. 14614 44 Hawley St. , Bi ngham-ton N. Y. 13901 175 Fulton Ave. . Hempstead N. Y. 11550 333 East Washington St— Syracuse Syracuse N. Y. 13202 207 Genesee St. . Utica N. Y. 13501 30 Glenn St. , Will to Plai ns N. Y. 10603 Y PW-200 (6-79) IB-9 PREVAILING RATE SCHEDULE State of New York Case Number Bureau of De;---ar•tment of Labor Public Work ' 8101728 NASSAU AND SUFFOLK COUNTIES R Prev- SUPPLEMENTAL BENEFIT PAYMENTS a ling OCCUPATIONS Effect. wage health date basic and pen- suppl . other supplements • hourly welfare sion unemp. _ rate (A) CB) (C) ' CD) through (M) CORE DRILLER Core Dri-F-1 e r 11/17/80 10. 605 1. 00 . 74 G-. 19 • Helper 11/17/80 9. 245 1. 00 711- G-. 19 E;LF.CTRICIAN _ Electrician 1/1/81 15. 10 7Y.+. 35 5 1/2% . 25 G&L- 8 1/2%, FI-5/8'/.. I-9%, J-3% •• Appr. 1st term 1/1/81 6. 04 7%+. 35 5 1/2''A 25 G&L- 8 1/2%, FI-5/8%, IRONWORKER Ironworker-Structural 2/1/81 12. 95 1. 86 2. 30 •• Appr. 1st term 2/1/81 7. 28 1. 86 2. 30 G-1. 85, H-. 11. 1-2. 15 Rei of orci ng-(Lather) 8/1/80 13. 5't 1. 325 985 U-. 02, G-, 75, FI-. 01. 1-1. 10 Appr. 1st Term 8/1/80 3. 85 1. 325 . 985 D- 02, 11- 01 Ironworker-Ornamental 2/1/81 12. 62 1. 21 1. 55 G-1. 00, H-. 10, I-2. 00 -Chain Link 2/1/81 12. 62 1. 21 1. 55 G-1. 00, tl-. lU, I-2. 00 Fence "Appr. 1st term 2/1/81 7. 57 1. 21 1. 5S G-1. 00. H-. 10, I-2. 00 MASON Bricklayer 1/13/81 12. 49 1. 33 1. 93 H-. 03, I-2. 05 •' Appr. 1st term 1/13/81 &. 2S 1. 33 1. 93 H- 03, 1- 50 PAINTER Painter-Brush 9/1/79 10. 92 1. 04 1. 04 G- 3311- 71 '• Scaffold/Spray 9/1/79 13. 26 1. 26 1. 26 G- 405, 1- 71 •• Appr. 1st term 9/1/79 6. 55 . 62 . 62 G- 20, 1- 25 Nassau Co. (N of L. I. E. to Pt. Wash Blvd. S. of Sunri se Hwy. E. to Long Beach Rd. ) ------------------------------ Pai rater-Brush 5/1/80 10. 82 1. 29 2. 30 G-. 70, H-. 05 • Appr. 1st term 5/1/80 5. 41 1. 29 1. 15 •' Scaffold/Spray 5/1/80 12. 37 1. 29 2. 30 G-. 70. 14 OS Nassau Co. Remainder of County ------------------------------ Pai nter-Steel 11/14/80 14. 2a 1. 86 2. 00 H- 07 Power Tool , Spray 11/14/80 15. 28 1. 99 2. 14 H-. OS Sandbias-ter(steei ) 11/1`t/8U 15. 28 1. 99 2. 1't H-. 08 •' Appr. 1st term 11/14/80 7. 00 . 91 . 98 H- 035 Nassau Co. -Entire County ------------------------------ ` Painter Brush 5/1/80 11. 03 3. 15 . 85 •• Steel /Bridge 5/1/80 13. 67 3. 15 . 85 Spray 5/1/80 12. 3S 3. 15 8S G-. 50. H-. 21 • Appr. 1st term 5/i/80 5. 73 1. 90 . 135 15- 25, 1-1- 21 Suffolk Co. PLUMBER Plumber 2/1/81 13. 65 1. 00 2. 05 •• Appr. 1st term 2/1/81 5. 46 . 60 1. 31 Suffolk Co. ------------------------------ Plumber 2/1/81 12. 75 1. 10 1. 54 G-1. 10, H-. 25 Appr. 1st term 2/1/81 5. 10 . 44 . 61G G-. 44, H-. 10 Nassau Co. TEAMSTER Truck Driver Excavation 2/1/81 10. 125 1. 6125 2. 8525 1-. 40 •• Euclid 2/1/81 10. 525 1. 612S 2. 8525 1- 40 " Other 2/1/81 9. 325 1. 6125 2. 50 WELDER Welder To be paid the rate of -the mechanic performing the work ` OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY and BUILDING SCHEDULES Print 30 ( 4/3/81 ) TB-10 PREVAILING RATE SCHEDULE Site of New York Case Number Bureau of Department of Labor Public Work 8101728 NASSAU AND SUFFOLK COUNTIES Prev- SUPPLEMENTAL BENEFIT PAYMFNIS ailing OCCUPATIONS Effect. wage health • date basic and pen- suppl . other supplements hourly welfare Sion unemp. rate (A) (E3) (C) (D) through (M) CARP ENTE'lZ -' Carpenter (Lf/H) 2/1/81 13. 35 1. 85 1. 03 G-. 9S, H-. 05, I-. '15 Helper 2/1/81 11. 15 1. 85 1. 03 G-. 95. H-. 05, I-. 75 Appr. 1st term 2/1/81 7. 34 1. 85 1. 03 G-. 951 II-. 05, 1- 75 Nassau Co. (South of So. State Pkwy. & West of Seaford Creek) ------------------------------ Carpenter (H/H) 8/1/80 13. 11-0 1. 50 1. 49 G-. 95. H-. 06 Appr. 1st term 8/1/80 6. 70 1. 50 1. '19 G-. 9S. li-. 06 Nassau Co. Remalnder of County ------------------------------ Carpenter(FI/H) 8/1/80 13. 45 1. 33 1. 71 G-. 90, H-. 06 Appr. 1st term 8/1/80 6. 70 1. 33 1. 71 G- 90, 14- 06 Suffolk Co. ------------------------------ PI iedri ver/Dockbui lder 2/1/81 13, 2S I. 85 1. 03 G-1. 01. H-. 05, I-. 75 Appr. 1st term 2/1/81 7. 34 1. 85 1. 03 G-1. 01, hi-. 05. I-. 75 ------------------------------ TI mberman 2/1/81 12. 31 1. 85 1. 03 Helper 2/1/81 10. 80 1. 85 1. 03 G-. 95, H-. 05, I-. 75 LECTRICIAN-HIGHWAY MAINTENANCE Applicable on traffic signals and street lighting only. Mai nt. Electrl cl an 6/1/80 12. 30 8'/. 4 1/2% G & L-6 1/2%. I-7% J-3'/. Appr. 1st term 6/1/80 4. 57 8% 4 1/2'/. G 8 L-6 A� f3ORFR(HVY/HWY) Laborar (H/R-) Bas Ic, Concrete, Jackhammer 2/1/81 8. 90 10 % 13 '/• G-. 75 Pipelayer, Land- Scape, Trackman 2/1/81 8. 90 10 '/. 13 % G-. 75 Power Tool 2/1/81 B. 90 10 % 13 V. G-. 75 Asphalt Raker. Form Setter 2/1/81 9. 50 10 % 13 V. G- 75 Asphalt Shoveler and Tamper 2/1/81 9. 30 10 % 13 V. G-. 75 MASON • Cement Finisher 2/1/80 12. 60 2. 19 2. 02 H-. 01 Appr. Ist term 2/1/80 6. 30 2. 19 2. 02 H-. 01 SIGN ERECTOR _ Sign Erector 2/5/81 11. 70 82 1. 11 H-. 02, I-. 43 M-Emp S. S. STRIPER Stri pi ng Mach. Oper 8/1/80 9. 90 59 . 70 G-7'/. LI nerman 8/1/80 10. 40 . 62 . 72 G-7'/. TREE TRIMMING Tree Trimmer 12/2/79 8. 43 . 34 . 25 1st 6mo 12/2/79 5. 51 . 34 . 25 Groundman. Driver 1st 6mo 12/2/79 S. 07 . 34 . 2S Driver 2nd 6mo 12/2/79 6. 36 . 34 . 25 Driver after 1 yr. 12/2/79 6. 95 . 34 . 25 TREE REMOVAL & LANDSCAPING Landscape Laborer 2/1/81 8. 90 10/. 13'/. G- 75 Mut chi ng Machi no OPO r. 2/1/81 11. 995 9% of 2. 25 G-1. 00, H-. 15, M-. 10 rate+vac. Stump Chipper Mach. 2/1/81 10. 97 9% of 2. 25 G-1. 00, H-. 15. M-. 10 rate+vac. Truck Driver 2/1/81 9. 325 1. 6125 2. 50 WELL. DRILLER Well Dri l ler 1/16/81 10. 5s 8% 2. 25 G-. 40 ' Helper 1/16/81 8. 55 8'/• 2. 25 G- 40 OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY SCHEDULES • Print 30 ( 4/3/81 ) IB-11 PREVAILING RATE SCHEDULE Sr -ite of New York Case Number (lureau of Department of Labor Public Work 8101728 NASSAU AND SUFFOLK COUNTIES Prov- SUPPLEMENTAL BENEFIT,PAYMFNTS ailing - OCCUPATIONS Effect. wage health date basic and pen- suppl . other supplements hourly welfare Sion unemp. rate (A) (0) (C) (D) through (M) SURVEY CREW (HIGHWAY & HEAVY) PilrtY Chief' 7/1/80 12. 16 90 70 F-. 05, G-. 70, I-1. 50 Instrument Man 7/1/80 10. 21 90 70 F-. 05, G-. 7U, I-1. S0 Rodman/Cheri n m a n 7/1/80 8. 91 90 7U F-. U5, G-. 70, 1-1. 50 Survey Rates apply to those workmen employed on HIGHWAY and HEAVY contracts lot on or after July 2, 1979 POW1=14 EOUIPMENT OPFRAIOR (I-1/H) Aspha 1 T Spreader _ J/24/80 13- 1A 9'/. of P. 2S ?n H-- 1.5, G-1. 00, M-. 10 Backhoe 13. 55 hourly Boring Machine 13. 12 rate + Bulldozer 12. 37 vac. Compressor-Single 11. 995 Compressor-2 or more. In battery 12- 60 Concrete Pump 12. 64 Concrete Spreader 13. 18 Concrete Breaker 11. 28 Conveyor 12. 37 Crane 13. 18 Location, Effective Date and Drag Iitie 13. 55 SuppiementaI Benefit Payments Finishing Machine 12. 37 are the same for all Power Equipment Fi reman 12. 37 Operators. Generator 12. 29 Grade-A I 1 Oper. 13. 5S Grader 12. 585 • Front End Loader 12. 905 Mai ti-t. Eng. 12. 37 Mulching Machine 11. 995 OI 1 er 10. 97 Piledriver 13. 55 Post Driver (Guard Rail ) 13. 12 Power Broom 11. 425 Pump (Under 4") 11. 995 Pump (Over 4") 12. 38 Ridge Cutter 11. 28 Roller - ST & Under 12. 37 • Roller - Over 5 Ton 12. 72 Scraper 12. 37 Shove 1 13, 55 Stump Chipper 10. 97 Tractor-Ca•terpi I ler or Wheel 10. 755 Track Tamper 10. 97 Trenching Machin. 13. 395 OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY SCHEDULES Print 30 ( 4/3/81 ) IB-12 IWI.,tMACNER.Matgmw 4 Mt41R"M1 HZM COM. QONNI`TMIO QrQINLRfi! A�10��1MlAA�IM� ��ENT1ii� PROPOSAL! TO THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, STATE OF NEW YORK, BIDDERS DECLARATION: The undersigned, as Bidder, declares Lih.;c thea only person or persons interested in this Bid or Proposal as principal or principals is or are: named herein and that 1-jo other person than herein named has any interest in this Proposal or in the C011tract proposed to be taken; that this Did or Proposal is made w.iLhout any connection with any other person or persons making a Bid or Proposal. for tile: sa►ue: purpose; the Hid or Proposal is in all re spocts without fraud or collusion, that he has visited they sit.o of the propo;ied work, the Form of Contract and Specifications , and has read the NOtice to 11idders, Information for Iiiddars and General Conditions hereto attached and fully ►inderSLand-li all the! aalr►c; that he proposes and agrees, if this Proposal is accept-.ed, that h,:� will contract with the TOWN OF SOUTHOLD, in the Firm of: Contract. accompanying this aid, to perforin all the; work required in accordance with the specifications, Notice to Bidders, Information for Bidders and General; Conditions, and lig: will accept in Full payment thoreaf.ore, the following suns to wit: P-A HOLZMACHER.McLENDON i MURRELL,P.C.f HZM CORP. CONSULIMG k NGIM L NIP AN1)L NV0KWM(NTAI.Cil a/N I IS 1 ti PROPOSAL (CONT'D. ) FURNISHING AND PLACING NEW SUFFOLK AVENUE , BASS COURSE ASPHALT CONCRETE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK BID DATE: May 1, 1981 11;00 A.M. ITEM' 4 5SP Furnish and Place Base Course Asphalt Concrete Type IA Approximately 925 Tons PRICE PER TON Thirty-four Dollars and Eighteen Cents . {$ 34.18 Dollars Thirty-one Thousand Six Hundred Sixteen and • �$ 31,616.SQ ) TOTAL •Fifty Cents Dollars ' TOTAL BID (ITEM 45SP) Thirty-one Thousand Six Hundred Sixteen Dollars .and Fifty . ($ 31,G16.50 ) .Cetnta . . . . . . Dollars r COMPLETIONDATE SHALL BE 30 CALENDAR DAYS AFTER SIGNING THE CONTRACT. LIQUIDATED DAMAGES SHALL BE $50.00 PER DAY. BIDDER'S NAME: MUIRFIELD CONTRACTING, INC. BIDDER'S ADDRESS : 16 HEATH PLACE, GARDEN CITY, NEW YORK 11530 SIGNED BY: JOSEPH H. FARLEY TITLE: PRESIDENT DATE: APRIL 30, 1981 P-B MOIZMACHEA,Md XMXN&MURKLL- R.C.1121 Cas!'. 00"""M 0041MM AND R1AAMiNM101►A1{, �G1Q1fIRt) PROPOSAL - (CONT'D.) r• Enclose certified check or bid bond for five percent (5x) of the total bid, as stipulated in the foregoing Information for Bidders. The Bidder hereby agrees to enter into a contract within seven (7) days after due notice from the Town of Southold that the contract has been awarded to him and is ready for signature, such • notice to be given in writing within forty-five (45) dayo of the date of opening of the bids, and on the signing of such contract by him to furnish the indemnifying bonds as provided in the Contract. And, the Bidder hereby further agrees that in the event of his failure or refusal to enter into a contract in accordance with this bid within seven (7) days after due notice from the said Town Board as given in accordance with the Information for Bidders, and/or his failure to execute and deliver the bond for the full amount of the contract price as provided in said Information for Biddets, that the bidder's check which is herewith deposited with the Town shall, at the option of said Town, . become due and payable as ascertained and liquidated damages for such default, otherwise the said check shall be returned to the undersigned. The full name and residences of all persons and parties interested in the foregoing bid as principals are as follows: R NAME ADDRESS JOSEPH H. FARLEY, PRESIDENT 16 HEATH PL. , GARDEN CITY, NY 11530 JAMES H. FARLEY, VICE PRESIDENT 16 HEATH PL. , GARDEN CITY, NY 11530 GREGORY H. FARLEY, SECRETARY 16 HEATH PL. , GARDEN CITY, NY 11530 HAKE OF BIDDER: MUIRFIELD CONTRACTING, INC. BUSINESS ADDRESS OF BIDDER: 16 HEATH PLACE, GARDEN CITY, NY 11530 DATED AT: GARDEN CITY, NY THEA DAY OF 'RIL, 1981 P-C HQL MAQ*)t.M i IMtsil#"P.C./ HMM GNP. . ,poNtu�taio Sema �►te�� �uaaanw o PROPOSAL - (CUNT'D. COLLU§JI Zg Q I DDI NC, CERTIFICATE y By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the caseofa joint bid, r each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: • 1. The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement,, for ,he purpose of restricting competition., as to any matter relating to such prices with any other bidder or with any competitor; and 2. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor; and 3. No attempt has been made or will be made by the bidder to induce any other- person partnership or corporation to submit or not to submit a bid for the purpose of restricting competition. • Dated: APRIL 30, 1„ 81 i ,MUS,_„IRP'ZR,M irQHrRBC.IPJNG.- ?NC - --- By: S/JOSEPH H. PARLEY PRESIDENT This bidder cannot make the foregoing certification and .a statement signed by the bidder is attached setting forth in detail the reasons therefore P-D HOLZMACHER, Me',EN00N 8 MURREU, P.C. / HZM OW. CONSULn"a U4101"Re iw0 gm"M MMMAL lC UMM INDEMNITY, LIMITATION OF LIABILITY 1. INDEMNITY The Contractor and all sub-contractors performing work in connection with this contract shall HOLD - HARMLESS, INDEMNIFY and defend the OWNER and ENGINEER, their consultants, and each of their officers, agents and employees from any liability, claims, losses or damage including reason- able costs of defense arising out of or alleged to arise from the Con- tractor' s or sub-contractor's negligence in the performance of the work described in the Contract documents, but not including liability that may be due to the sole negligence of the OWNER, ENGINEER or their officers, agents and employees. 2. LIMITATION OF LIABILITY The Contractor and all sub-contractors agree to limit the liability of the OWNER and ENGINEER due .to the Engineer's professional negligent errors or omissions such that the total aggregate liability of the engineer to those named shall not exceed fifty thousand ($50,000. ) dollars, or 5% of the contract award amount, whichever is greater. r 10/80 ILL 1 of 1 HOU"HER, MCLENDON 6 MURRELL. P.C. / H2M CORP. CONSUMNO 0441N[LRS AND ENVIRONMOTAL SCIUNTISTS CONTRACT CONTRACT IN QUADRUPLICATE FOR Furnishing and Placing Base Course Asphalt Concrete AT TOWN OF SOUTHOLD , SUFFOLK COUNTY , NEW YORK , elated , 10 81, BY AND BETWEEN THE 'TOWN BOARD OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK , (herein called the "Town , " and MUIR.FIELD CONTRACTING, INC. , 16 Heath Place Garden City , New York 11530 (herein called the "Contractor" ) . WITNE.SSETH , that the Town anti the Contractor, in consideration of the premises and of the mutual covenants, considerations and agreements herein contained , agree as follows: Tris Contract is hereby awarded to the Contractor for the work • and material called for under his bid in the, I'rohosal section of the Contract and designated as Item R 45 SP (A) Furnish Base Course Asphalt Concrete Type lA Approximately 925 Tons @ $29 18/Ton = $26 ,991. 50 45 SP (B) Place Base Course Asphalt Concrete Type lA Approximately 925 Tons @ $5. 00/Ton = $ 4 ,625. 00 and if required by the-Consulting Engineer, Items: No for the sum of: THIRTY-ONE THOUSAND SIX HUNDRED SIXTEEN DOLLARS AND FIFTY CENTS - ($ 31 ,616. 50 Dollars for the unit and/or lump-sum price(s) as listed in the Proposal herein. C-1 . HOI,ZMACHER, MCLENDON&MURRELL. P.C. / H2M CORP. WNSUMNO ENOINE04 AND ENVIRONMENfAL SCIENnM CONTRACT - CONT'D. 1. CONTRACT DOCUMENTS AND DEFINITIONS The Notice to Bidders, Information for Bidders, Proposal , General Conditions, Contract , Specifications and Plans , together with any Addenda , shall form part of this Contract , and the pro- visions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. The titles , headings, head- lines and marginal notes contained herein are solely to facilitate reference to various provisions of the Contract Documents and in no way affect , limit or cast light upon the interpretation of the provisions to which they refer. Whenever the term "Contract Docu- ments" is used , it shall mean and include this Contract , the Plans, Specifications , any Addenda, and the Notice to Bidders, Information for Bidders, General Conditions and Proposal . In case of any con- flict or inconsistency between the provisions of the Contract and those of the Specifications, the provisions of the Contract shall govern. WORK: The term "Work" , as used herein, refers to all of the work proposed to be accomplished at the site of the project and all such other work as is in any manner required to accomplish the completed project , and includes all plant , labor, materials, supplies, equipment and other facilities and acts necessary or proper for or incidental to the carrying out and completion of the terms of this Contract . The term "work performed" shall be construed to include material delivered to and suitably stored at the site of the project . EXTRA WORK: The term "Extra Work" , as used herein , refers to and includes all work required by the Town which, in the judgment of the Engineer , involves changes in or additions to work required by the Plans, Specifications and any Addenda in their present form. SUBCONTRACTOR: The term "Subcontractor" , as used herein, shall mean any person, firm or corporation applying labor and material for work at the site of the project , but not including the parties to this Contract. ENGINEER: In the performance of the work, the Town shall be represented by its Consulting Engineer HOLZMACHER, McLENDON & MURRELL, P.C. , (herein called the "Engineer") . C-2 HOLZMACHER. MCLENDON &MURRELL, P.C. / H2M CORP. CONSULTING ENGINEEM AND ENVIIIONMOVTAL SCIENTISTS CONTRACT - CONT'D. 4 NOTICE - The term "Notice" , as used herein , shall mean and include written notice. Written notice shall be deemed to have been duly served when delivered to, or at the last known business address of, the person, firm or corporation for whom intended or to his, their, or its duly authorized agents, representatives or officers, or when enclosed in a postage prepaid wrapper or enve- lope addressed to such person, firm or corporation at his , their, or its last known business address and deposited in a United States Mail Box. DIRECTED, RE UIQ REDy APPROVED, ACCEPTABLE - Whenever they refer to the work, or its performance, "directed" , "required" , "permitted" , "ordered", "designated" , "prescribed" , and words of like import shall imply the direction , requirement, permission , order, designa- tion or prescription of the Engineer, and "approved", "satisfied" , or "satisfactory" , "in the judgment of" , and words of like import, shall mean approved or acceptable to, or satisfactory to, in the judgment of the Engineer. 2. SCOPE OF THE WORK The Contractor will furnish all plant , labor , material, supplies, equipment and other facilities and things necessary or proper for or incidental to, the work contemplated by this Contract as required by, and in strict accordance with, the applicable Plans, Specifications and Addenda prepared by the Engineer and/or required by and in strict accordance with, such changes as are ordered and approved pursuant to this Contract , and will perform all other obligations imposed on him by the Contract . 3. COMPENSATION TO BE PAID TO THE CONTRACTOR (a) Agreed Prices : It is understood and agreed that the Con- tractor will accept as payment in full the summation of products, of the actual quantities in place upon the completion of the work, as determined by the Engineer 's measurements by the unit prices bid, no allowance being made for anticipated profit or for reason of variations from the estimated quantities set forth in the Proposal. r (b) Extra Work and/or Changes : The Town may, at any time, by a written order, and without notice to the sureties, require the performance of such extra work or changes in the work as it may find necessary or desirable. The amount of compensation to be paid { to the Contractor for any extra work, as so ordered, shall be determined as follows : C-3 HOLZMACHER, McLENDON&MURRELL. P.C. / H2M CORP. coNOucnma 9NOINUM AND ENVIRONMUffAL SCIENT M CONTRACT - CONT'D. ■ (1) By such applicable unit prices, if any, as set forth ^ in the contract , or (2) If no such unit prices are set forth, then by unit prices or by a lump sum mutually agreed upon by the Town and the Con- tractor, or (3) If no such unit prices are set forth, and if the parties cannot agree upon unit prices or a lump sum, then by actual net cost in money to the Contractor of the materials, permits, wages, or applied labor, premiums for Workmen's Compensation Insurance, payroll taxes required by law, rental for plant and equipment used (excluding small tools) to which total cost will be added twenty percent (20%) as full compensation for all other items of profit, costs and expenses, including administration, overhead, superintendence, insurance, insurance other than Workmen 's Compen- sation Insurance, material used in temporary structures, allowances made by the Contractor to subcontractors, additional premiums upon the Performance Bond of the Contractor and the use of small tools. : 4. TIME OF ESSENCE Inasmuch as the provisions of this Contract relating to the time for performance and completion of the work are for the purpose of enabling the Town to proceed with the construction of a public improvement, in accordance with a predetermined program, such pro- visions are of the essence of this Contract. 5. COMMENCEMENT OF WORK The Contractor agrees that he will commence work within ten (10) consecutive calendar days after signing this Contract, and that the day he commences work shall constitute the first of the consecutive calendar days allowed for completion of the work. r f i C-4 HMZMACHER. MCLENDON&MURRELL. P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMfW" 6CIUMS" CONTRACT - CONT'D. 6. TIME FOR COMPLETION The time for completion of this Contract shall be within the number of calendar days stated in the Bid Proposal and the date of such completion shall be the date of the certificate of com- pletion hereinafter specified. The Town reserves the right to order the Contractor to suspend operations when, in the opinion of the Engineer, impro- per weather conditions make such action advisable, and to order the Contractor to resume operations when weather and ground con- ditions permit . The days during which such suspension of work is in force are not chargeable against the specified completion time. 7. LIQUIDATED DAMAGES FOR DELAY The time limit being essential to and of the essence of this Contract, theContractor hereby agrees that the Town 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 fifty dollars ($50. 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 Town 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, provided, however, that the Town 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 with- out his fault , or negligence, including but not restricted to Acts of God or of any public enemy, acts or neglect of the Town , acts or neglect of any other Contractor, fires, floods, epidemics, • quarantine restrictions, strikes, riots, civil commotion 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 Town. No such extension of time shall be considered a waiver by the Town 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 obliga- tions hereunder. C-5 f HOLZMACHER, MCLENDON 6 MURRELL, P.C. / H2M CORP. CONSULTING ENGINEEAG AND ENVIRONMENTAL SCIUMSTO CONTRACT - CONT'D. 9. CONTRACT SECURITY (a) The Contractor shall furnish a Performance Band in an amount equal to one hundred percent ( 100%) of the total. contract price as security for the faithful performance of this contract , and for the payment of all persons performing labor or furnishing; mater- ials in connection with this Contract . (b) Additional or Substitute Bond : If, at any time, the Town shall be or become dissatisfied with any surety or sureties , then upon the Performance Bond, or if , for any other reason , such bond shall cease to be adequate security to the Town , the Contractor shall , within five (5) days after notice from the Town, substitute an acceptable bond in such form and sum, and signed by such other surety as may be satisfactory to the Town . The premiums on such bonds shall be paid by the Contractor. No further payments shall be deemed due, nor shall be made until the new surety shall have been qualified. (c) Prior to release of the Performance Bond, the Contractor shall deliver ' to the Town a Maintenance Bond equal to one hundred percent (100%) of the total Contract price, including all extras. • This Maintenance Bond shall remain in full force and effect for a period of one (1 ) year after the date of the final certificate and such bond , which shall be executed by the Contractor and issued by a reliable, solvent surety company authorized to do business inthe State of New York shall guarantee to the Town that the Contractor shall promptly remedy any defects or faults that may occur within twelve (12) months after completion and acceptance of the work performed by the Contractor pursuant to this Contract . 10. CONTRACTOR' S INSURANCE The Contractor shall not commence any work until he has obtained and had approved by the Town all of the insurance required under this Contract , as enumerated herein : Compensation Insurance • Public Liability and Property Damage Insurance Contractor' s Protective Liability and Property Damage Insurance Owner ' s (Town of Southold) and Engineer ' s Pro- tective Public Liability and Property Damage Insurance Automobile Public Liability and Property Damage Insurance C-6 HOtZMACHER, MCLENDON &MURRELL. P.C. / HZM CORP. CON3ULTINO EMINEERi AND ENVIRONMENTAL ICIENTISTS s CONTRACT - CONT"D. The Contractor shall not permit any subcontractor to commence any operation on the site until satisfactory proof of carriage of the above required insurance has been posted with, and approved by, the Town. (a) Compensation Insurance : The Contractor shall take out and maintain, during the life of this Contract , Workmen 's Compensation Insurance for all of his employees employed at the site of the pro- ject , and in any case of any of the work being sublet, the Contractor shall require the subcontractor similarly to provide Workmen' s Com- pensation Insurance for all of the latter ' s employees, unless such employees are covered by the protection afforded by the Contractor. (b) Public Liability and Property Damage Insurance: The Con- tractor shall take out and maintain during the life of this Contract such Public Liability and Property Damage Insurance as shall pro- tect him and any subcontractor performing work covered by this Contract for claims for damages for personal injury, including • accidental death, as well as from claims for property damage which may arise from operations under this Contract , whether such opera- tions be by himself or by any subcontractor, or by anyone directly or indirectly employed by either of them, and the amounts of such insurance shall be as follows : Public Liability Insurance in the amount not less than Five Hundred Thousand Dollars ($500,000. ) for bodily injuries, including wrongful death to any one person, and subject to the same limit for each person in an amount not less than One Million Dollars ($1,000,000. ) on account of one accident . Property Damage Insurance in an amount not less than One Hundred Thousand Dollars ($500, 000 . ) for damages on account of any one accident and in an amount of not less than Two Hundred Thousand Dollars ($1 , 000,000 . ) for damages on account of all accidents . (c) Liability and Property Damage Insurance : The above policies for public liability and property damage insurance must be so written as to include Contractor 's Protective Liability and Property Damage Insurance to protect the Contractor against claims arising from the operations of any subcontractor. C-7 HOLZMACHER, MCLENDON &MURRELL. P.C. / H2M CORP. CONSULTING ENGINEERG AND ENVIRONMENTAL SCIENTIM CONTRACT - CONT'D. ` (d) Owner's and/or Engineers Protective Public Liability and Property Damage Insurance : (Town and/or Town Board, Town of Southold and/or Holzmacher, McLendon & Murrell, P.C. ) The Con- tractor shall furnish to the Town with respect to the operations he or any of his subcontractors perform, a regular Protective Public Liability Insurance Policy for and in behalf of the Town and/or Town Board, Town of Southold and/or Holzmacher, McLendon & Murrell, P.C. , providing for a limit of not less than $500,000. for all damages arising out of bodily injuries to, or death of one person and subject to that limit for each person, a total limit of $1,000, 000. for all damages arising out of bodily inju- ries to, or death of, two or more persons in any one accident ; and regular Protective Property Damage Insurance providing for a limit of not less than $500,000. for all damages arising out of injury to, or destruction of, property in any one accident and subject to that limit per accident a total (or aggregate) limit of $1 , 000, 000 . for all damages arising out of injury to, or des- truction of property during the policy period. The insurance must fully cover the legal liability of the Town and/or Town Board, Town of Southold as owner and/or Holzmacher , McLendon & Murrell, P.C. • The coverage provided under this policy must not be affected if the Town and/or Engineer performs work in connection with the project either for , or in cooperation with, the Contractor or as an aid there- to, whether the same be a part of the Contract or separate there- from, by means of its own employees or agents, or if the Town and/or Engineer directs or supervises the work to be performed by the Contractor. (e) Automobile Public Liability and Property Damage Insurance: The Contractor shall take out and maintain during the life of the Contract such automobile public liability and property damage insurance as shall protect him and any subcontractor performing work covered by this contract from claims for damages for personal injury, including accidental death as well as from claims for property damage which may arise from operations under this Con- tract, whether such operations be by himself or by any subcontractor, or by anyone directly or indirectly employed by either of them and the amounts of such insurance shall be as follows : i C-8 ` HOLZMACHER, MCLENDON d MURRELL, P.C. / HZM CORP. COMULTINO ENGINEERS AND ENVIRONMENTAL SCIErM"S CONTRACT - CONT'D. Automobile Public Liability Insurance in an amount not less than Five Hundred Thousand Dollars ($500,000. ) for bodily injuries , including wrongful death by any one person, and subject to the same limit for each person in an amount not less than One Million Dollars ($1,000, 000. ) on account of one accident. Automobile Property Damage Insurance in an amount of not less than One Hundred Thousand Dollars ($100, 000. ) for damages on account of any one accident and in an amount of not less than Two Hundred Thousand Dollars ($200,000. ) for damages on account of all accidents . 11 . PROOF OF CARRIAGE OF INSURANCE The Contractor shall furnish the Town with certificates of each insurer insuring the Contractor or any subcontractor under this Contract , except with respect to subdivision (d) of Paragraph 10. In respect to this paragraph, the Contractor shall furnish the Town with the original insurance policy and a copy to the Engineer. Both certificates, as furnished, and the insurance policy, as required, shall bear the policy numbers, the expiration date of the policy and the limit or limits of liability thereunder. Both the certificates and the policy shall be further endorsed to provide the Town and Engineer with any notice of cancellation at least five (5) days prior to the actual date of such cancellation. r C-9 HOLZMACHER. McLENDON &MURRELL. R.C. / HZM CORP. CONSUMNO ENGINUM AND ENVIRONMENTAL SCIS MIM CONTRACT - CONT'D. 12. COMPLIANCE WITH LABOR AND PENAL LAWS The Contractor hereby expressly agrees to comply with all the provisions of the Labor Law and any and all amendments thereto, insofar as the same are applicable to this Contract . The Labor Laws, as amended, provide that no laborer, workman or mechanic in the employ of the Contractor, subcontractor or other person doing or contracting to do the whole or a part of the work con- templated by this Contract , shall be permitted or required to work more than eight (8) hours in any one calendar day, except in cases of extraordinary emergency caused by fire, flood, or danger to life or property; that no such person shall be employed more than eight (8) hours in any day or more than five (5) days in any week, except in such emergency; that the wages to be paid for a legal day's work as hereinbefore defined, to laborers, workmen, or mechanics upon the work called for under this Con- tract , or for any materials used upon or in connection therewith, shall not be less than the prevailing rate for a day 's work in the same trade' or occupation in the locality within the State where such work is to be done and each laborer, workman or mechanic employed by the Contractor, subcontractor, or other person about or upon the work shall be paid the wages herein provided ; that employees engaged in the construction outside the limits of cities and villages are no longer exempt from the pro- visions of the Labor Law which required the payment of the pre- vailing rate of wages and the eight (8) hour day. • Section 222 of the Labor Law, as amended by Chapters 556 and 557 of the Laws of 1933, provides that preference in employ- ment shall be given to citizens of the State of New York who have been residents of Suffolk County for at least six (6) consecutive months immediately prior to the commencement of their employment . Each person so employed shall furnish satis- factory proof of residence, in accordance with rules adopted by the Industrial Commissioner. Persons other than citizens of the State of New York shall be employed only when such citizens are not available. Section 222 further provides that upon the demand of the State Industrial Commissioner, the Con- tractor shall furnish a list of names and addresses of all his subcontractors and further provides that a violation of this section shall constitute a misdemeanor and shall be punishable by a fine of not less than Fifty Dollars ($50. 00) nor more than Five Hundred Dollars ($500.00) or by imprisonment for not less than thirty (30) days nor more than ninety (90) days, or both fine and imprisonment. C-10 • HOl WCHER. McIENDON a MURREU, P.C. / H2M CORP. CONSULTING ENOIN106 AND ENVIRONMENTAL SCIVIT111" CONTRACT - CONT'D. Section 220A of the Labor Law, as amended by Chapter• 472 of the Laws of 1932, provides that before payment is made by or on behalf of the State or any City, County, Town or Village or other civil deviation of the State, of any sums due on account of a contract for a public improvement , it is the duty of the Comptroller or the financial officer of the Municipal Corporation to require the Contractor and each and every sub- contractor to file a certified statement in writing, in satis- factory form, certifying to the amounts then due and owing to any and all laborers for daily or weekly wages on account of labor performed upon the work of the Contract , setting forth therein the names of the persons whose wages are unpaid and the amount due each, respectively. Section 220-B of the Labor Law, as so amended, provides that any interested person who shall have previously filed a protest in writing objecting to the payment to any Contractor or subcontractor to the extent of the amount or amounts due or to become due to him for daily or weekly wages for labor performed on the public improvement for which the Contract was entered into, or if, for• any other reason, it may be deemed advisable, the Comptroller of the State or other financial officer of the Municipal Corporation may deduct from the whole amount of any payment on account thereof the sum or sums admitted by any Contractor or subcontractor in such statement or statements so filed to be due and owing by him on account of labor per- formed and may withhold the amount so deducted for the benefit of the laborers for daily or weekly wages, whose wages are unpaid as shown by the verified statements filed by any Con- tractor or subcontractor and may pay directly to any person the amount or amounts so shown to be due for such wages. Section 220-C of the Labor Law, as so amended, provides the penalty for making of a false oath or verification. Section 220-D of the Labor Law provides that the advertised specifications for every Contract for the construction, recon- struction, maintenance and/or repair of highways to which the _ State, County, Town and/or Village is a party shall contain the provision stating the minimum rate of hourly wage that can be paid, as shall be designated by the Industrial Commissioner, • to the laborers employed in the performance of the Contract , either by the Contractor, subcontractor or other person doing or contracting to do the whole or part of the work contemplated by the Contract , and the Contract shall contain a stipulation that such laborers shall be paid not less than such hourly minimum rate of wage. Any person or corporation that willfully pays C-11 ' HOLZMACHER. McLENDON b MURRELI. P.C. / H2M CORP. cONsuk,nNO ENGIN99M AND ENVIWNMENTAL iCIEN711" CONTRACT - CONT'D. • after entering into such contract less than such stipulated minimum hourly wage scale shall be guilty of a misdemeanor and, upon conviction, shall be punished for a first offense by a fine of Five Hundred Dollars ($500.00) or by imprisonment for not more than thirty (30) days, or by both fine and imprisonment for a second offense .by a fine of One Thousand Dollars ($1,000.00) and, in addition thereto, the Contract on which the violation has occurred shall be forfeited; and no such person or corporation shall be entitled to receive any sum or nor shall any officer, agent or employee of the State pay the same or authorize its payment from the funds under his charge or control to any person or corporation for work done upon any contract , on which the Contractor has been convicted of second offense in violation of the provisions of this Section. The minimum wage rates established by the Industrial Com- missioner, State of New York, for this Contract , are as set forth in the Information for Bidders. Section 1918 of the Penal Law, as amended, provides that no person shall discharge explosives in the ground, nor shall • any person other than a state or county employee regularly engaged in the maintenance and repair thereof excavate in any then existing street , highway, or public place, unless notice thereof in writing shall have been given at least seventy-two : hours in advance to the person, corporation or municipality engaged in the distribution of gas in such territory. The person having direction or control of such work shall give such notice and further, he shall ascertain whether there is within one hundred feet of such street, highway or public place, or in the case of a proposed discharge of explosives within a radius of two hundred feet of such discharge, any pipe of any person, corporation or municipality conveying combustible gas, and if any emergency involving danger to life, health or property, it shall be lawful to excavate without using explosives if the notices prescribed herein are given as soon as reasonably possible, and to disharge explosives to protect a person or persons from an immediate and substantial danger of death or serious personal in- jury if such notices are given before any such discharge is under- taken. Any such work shall be performed in such manner as to avoid damage to pipe conveying combustible gas. Any violation • of the provisions of this Section shall be a misdemeanor. • C-12 HOLZMACHER, MCLENDON 6 MURREL.L. P.C. I H2M CORP. CONSULTING ENGINEER$ AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT 'D. 13. QUALIFICATIONS FOR EMPLOYMENT No person under the age of sixteen ( 16) years , and no person currently serving; st�ntence in a penal or correctional institution shall be employed to perform any work on the project under this Contract . No person whose age or physical condition is such as to make his employment dangerous to his health or safety , or the health and safety of others, shall be employed to perform any work on this project ; provided, however, that such restriction shall not operate against the employment of physically handi- capped persons , otherwise employable, where each person may be safely assigned to work which they can ably perform. 14 . NON-DISCRIMINATION There shall be no discrimination because of race, creed or color in the employment of persons for work under this Contract , whether performed by the Contractor or any subcontractor. Neither shall the Contractor or any subcontractor discriminate in any manner against or intimidate any employee hired for the perform- ance of work under this Contract on account of race, creed or color. There may be deducted from the amount payable to the Con- tractor by the Town under this Contract a penalty of Five Dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of this paragraph; provided that for a second or any subsequent violation of the terms of this paragraph, this Con- tract may be canceled or terminated by the Town and all monies due or to become due hereunder may be forfeited. 15. PAYMENT OF EMPLOYEES The Contractor and each of his subcontractors shall pay each of his employees engaged in work on this project under this Contract in full (less deductions made mandatory by law) in cash and not less often than once each week. C-13 HOLZMACHER. MCLENDON & MURRELL. P.C. / H2M CORP. CONSULTING ENGINEEAS AND ENVIRONMENTAL 6CIENTIM CONTRACT - CONT'D. 16. ESTIMATES AND PAYMENTS (a) Monthly : At the end of each calendar month during the progress of the work, the Engineer shall make tip an approximate estimate of the work done and the materials furnished, based upon the prices set forth in the Proposal . In consideration of the work done and the materials :furnished , the Town will pay or cause to be paid to the Contractor the amount estimated by the Engineer as due him less a sum equal to five percent (5'!0) of such amount and less such additional amount as may be necessary to satisfy any claims , liens or judgments against the Contractor which have not: been suitably discharged. The making of any such estimate or payment made thereon shall not be taken or construed as an acceptance by the Engineer of the Town of any work so estimated and paid for. The amount of the monthly estimate remaining un- paid will be retained by the Town as a guarantee that the Con- tractor will faithfully and completely fulfill all. obligations imposed by the, Contract and Specifications , and against any damages incurred by the Town by reason of any failure on the part of the Contractor to fulfill all conditions and obligations herein con- tained . All partial payments are subject to correction in any sub- sequent payment . The retained amounts shall be paid as set forth in 16b. (b) Final Certificate: Thirty (30) days after the Contractor shall have substantially completed the work required of it under the Contract the Engineer will prepare a final certificate of the re- maining amount of the Contract balance less a sum equal to two (2) ` times the value of any remaining items to be completed and less an amount necessary to satisfy any claims, liens or judgments against the items of work are satisfactorily completed or corrected, the Town shall promptly pay, upon receipt of a requisition for these items less an amount necessary to satisfy any claims, liens or judgments against the Contractor which have not been suitably discharged. Any claims, liens and judgments referred to in this section shall pertain to the project and shall. be filed in accordance with the terms of the applicable Contract and/or applicable Laws . (c) In order to secure the performance of the convenant of the Contractor, prior to release of the Performance Bond, the Contractor shall deliver to the Town a Maintenance Bond equal to one hundred percent (100%) of the total Contract price, including all extras . This Maintenance Bond shall remain in full force and effect for a period of one ( 1) year after the date of the final certificate and such bond, which shall be executed by the Contractor and issued by a reliable, solvent surety company authorized to do business in the State of New York shall guarantee to the Town that the Contractor shall promptly remedy any defects or faults that may occur within twelve (12) months after completion and acceptance of the work per- formed by the Contractor pursuant to this Contract . C-14 } HOLZMACHER, McLENDON &MURRELL. P.C. / H2M CORP. CONULTINO ENaINURi AND ENVIRONMENTAL BCIENTIM I CONTRACT - CONT"D. (d) Measurements for Payment : The Ent;'ineer shall make due measurement of the 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 the 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 be proved , be paid for by the Contractor. 17. ACCEPTANCE OF FINAL PAYMENT CONSTITU`1'ES RELEASE The acceptance by the Contractor of the final. payment shall be, and shall operate as a release to the Town from all claims and all li-abilities to the Contractor for all things done or furnished :in connection with this work and for every act and neglect of the Town and other relating to, or arising out of , this work, excepting the Contractor ' s claims for interest upon the final payment , if this payments 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. 18. CONSTRUCTION REPORTS The Contractor shall submit to the Engineer prior to the commencing of any work under this Contract a detailed schedule and plan of operation, indicating the manner in which the Contractor proposes to prosecute the work, and a time schedule therefore. 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 Contractor shall furnish the Engineer with periodic esti- mates 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 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 other than the Town as may be required by such existing laws or regulations . C-15 HOLZMACHER, MCLENDON &MURRELL. P.C. / HZM CORP. CONSULTING ENGINEERS ANO [NVIRONMENTAL IICIENTIM CONTRACT - CONT'D. 19. INSPECTION AND TESTS All material and workmanship shall be subject to inspection, examination and test by the Engineer and other representatives of the Town at any time during the construction and at any and all. places where manufacturing of materials used and/or construct- tion is carried on. Without additional charge, the Contractor shall furnish promptly all reasonable facilities , labor and materials neces- sary to make tests so required safe and convenient . If, at any time, before final acceptance of the entire work, the Engineer considers necessary or advisable an examin- ation of any portion of the work already completed, by removing or tearing out the same, the Contractor shall , upon request , furnish promptly all necessary facilities , labor and materials for such examination . If such work is found to be defective in any material respect , due to the fault of the Contractor or any subcontractor, or if any work shall be covered over without the approval or consent of the Engineer, whether or not the same shall be defective, the Contractor shall be liable for the expenses of or such examination and of satisfactory reconstruction. If, however , such approval and consent shall have been given, and such work is found to meet the requirements of this Contract , the Contractor shall be recompensed for the expense of such examin- ation and reconstruction in the manner herein provided for the payment of costs of extra work. The selection of laboratories and/or agencies for the in- spection and tests of supplies, materials or equipment shall be subject to the approval of the Engineer. Satisfactory documen- tary evidence that the material has passed the required inspec- tion and test must be furnished the Engineer prior to the incor- poration of the material in the work. Any rejected work shall be removed from the site of the project completely at the expense of the Contractor. C-1.6 HOLZMACHER, McLENDON b MURRELL. P.C. / H2M CORP. CON3ULT1Na ENGINEM AND ENVIRONMU#TAL SCIENTIS" CONTRACT - CONT'D. 20. PLANS AND SPECIFICATIONS - INTERPRETATIONS r 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 on the Plans shall have the same effect as if shown or mentioned respectively in both. In case of any conflict or inconsistency between the Plans and Specifications , the Plans shall govern, Any discrepancy between the figures and specifications shall be submitted to the Engineer, whose decision therein shall be conclusive . 21 . SUBSURFACE CONDITIONS FOUND DIFFERENT Should the Contractor encounter subsurface conditions at the site materially differing from those shown on the Plans or indi- cated 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 . 22. CONTRACTOR'S TITLE TO MATERIALS No material or supplies for the work shall be purchased by the Contractor or by 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. 23 . SUPERINTENDENCE BY CONTRACTOR At the site of the work the Contractor shall employ a Con- struction Superintendent or foreman who shall have full authority to act for the Contractor. It is understood that such represen- tative 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. C-17 HOLZMACHER, McLENDON b MURR" P.C. / H2M CORP. CON'ULTINa ENQINUM AND ENVIRONMENTAL SCIE411M CONTRACT - CONT'D. 24. PROTECTION OF WORK, PERSONS AND PROPERTY Precaution shall be exercised at all times for the proper protection of all persons , property and work. The safety pro- visions 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 Town or its Engineer to adequately safeguard the traveling public . The Contractor shall give notice to the owners of all utilities which may serve the area and request their assistance in pre- determining the location and depth of the various pipes , conducts, manholes and other underground facilities . 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 Town or its duly authorized representatives . t 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 Town might be liable. The Contractor shall be liable for all injury or damage caused by his act or neglect, or that of his employees . 25. PATENT RIGHTS As part of his obligation hereunder and without any ad- ditional compensation, the Contractor will pay for any patent fees or royalties required in respect to the work or any part thereof and will fully indemnify the Town for any loss on account of any infringement of any patent rights , unless prior to his use in the work of a particular process or a product of a particular manufacturer, he notifies the Town in writing that such process or product is an infringement of a patent . C-18 HOLZMACHER, McLENDON b MURRELL. P.C. / H2M CORP. CONSULTING ENGINEER/ AND ENVIRONMENTAL 9CIENTIff" CONTRACT - CONT' D. 26: REPRESENTATIONS OF CONTRACTOR The Contractor represents and warrants : (a) That he is financially solvent and that he is experienced in and competent to perfrom the type of work involved under this Contract and able to furnish the plant materials , supplies and/or equipment to be furnished for the work; and (b) that he is familiar with all Federal , State and Municipal Laws , ordinances and regulations which may in any way affect the work of those employed hereunder, including but not limited to any special acts relating to the work; and (c) that such work required by these Contract Documents as is to be done by him can be satisfactorily constructed and used for the purpose for which it is intended and that such construc- tion will not injure any person or damage any property ; and (d) that he has carefully examined t:lie Plans , Specifications , and the site of the work, and that from his own investigation lie has satisfied himself as to the nature and location of the work, the character, location, quality and quantity of surface and sub- surface materials , structures and utilities likely to be encountered, the character of equipment, and other facilities needed for the performance of the work, the general local conditions which may in any way affect the work or its performance. 27. AUTHORITY OF TIIE ENGINEER In the performance of the work, the Contractor shall abide by all orders and directions and requirements of the Engineer and shall perform all work to the satisfaction of the Engineer, at such time and places , by such methods , and in such manner and sequence as he may require. The Engineer shall determine the amount, quality, acceptability and fitness of all parts of the work, shall interpret the plans , specifications , contract documents and any extra work orders and shall decide allether questions in connection with the work. Upon request , the Engineer shall confirm in writing any oral orders, directions , requirements or determinations . The enumeration herein or elsewhere in the contract documents of particular instances in which the opinion, judgment, discretion or determination of the Engineer shall control, or in which work shall be performed to his satisfaction or subject to his approval, or inspection, shall not imply that only matters similar to those enumerated shall be so governed and so performed, but without exception all the work t shall be governed and so performed. C-19 HOLZMACHER, McLENDON b MURRELL. P.C. / H2M CORP. CONSULTING ENOINEEMR AND ENVIRONMENTAL SCIU4TIS'M CONTRACT - CONT'D. 28. SURVEYS The Engineer will furnish to the Contractor all layouts , measurements and lines and grades necessary for the execution of the work. When and as requested, the Contractor will fur- nish the necessary stakes and spikes for laying out such lines and grades and the unskilled labor necessary to place same. 29. CHANGES ANT) ALTERATIONS The Town reserves the right to make alterations in the location, line, grade, plans, form or dimensions of the work, or any part thereof, either before or after the commencement of the 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 . 30. CORRECTION OF WORK h All work and all materials, whether incorporated into the work or not, all processes of manufacture and all methods of con- struction shall be, at all times and places , subject to the in- spection of the Engineer who shall be the final judge of quality, materials , processes of manufacture and methods of construction suitable for the purpose for which they are used. Should they fail to meet his approval they shall be forthwith reconstructed, made good and replaced and/or corrected as the case may be, by the Contractor at his own expense. Rejected materials shall im- mediately be removed from the site. If, in the opinion of the Engineer, it is not desirable to replace any defective or damaged materials or to reconstruct or correct any portion of the work injured or not performed in accordance with the Contract Documents , the compensation to be paid to the Contractor hereunder shall be reduced by such amount as , in the 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 , settlements, or shrinkages which may appear within one year following the date of the final certi- ficate, Neither the acceptance of the completed work nor C-20 HOIZMACHER, MCLENDON 6 MURRELL. P.C. / H2M CORP. GONSULTINa ENa1MVM AND ENVIRONMENTAL 90ENTIST8 CONTRACT - CONT'D. payment therefor shall operate to release the Contractor or his sureties from any obligations under or upon this Contract or the Performance Bond. 31 . WEATHER CONDITIONS In the event of temporary suspension of the 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 materials shall have been damaged or injured by reason of the 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. 32. THE TOWN' S RIGHT TO WITHIIOLD PAYMENTS The Town may withhold from the Contractor so much of any approved payments due him as may, in the judgment of the Town, be necessary; 0 (a) To assure the payment of just claims then due and unpaid of any persons supplying labor or materials for the work; (b) To protect the Town from loss due to defec- tive work not remedied, or (c) To protect the Town from loss due to injury to persons or damage to the work or property of other contractors or subcontractors or others , caused by the act or neglect of the Contractor or any of his subcontractors . • The Town shall have the right , as agent for the Contractor, to apply any such amounts so withheld in such manner as the Town may deem proper to satisfy such claims or to secure such protection. Such application of such money shall be deemed payments for the account of the Contractor. M 1 r C-21 HOiZMACHER, McLENDON& MURRELL P.C. / H2M CORP. CDN$ULTINO ENGINELRS AND ENVIRONMENTAL SCIENTISTS CONTRACT - COW'D. 33. THIS TOWN 'S RIGHT TO STOP WORK OR. TERMINATECONTRACT: II', (a) The Contractor shall. be adjudged balikrupt or make all 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 suppl.y enough properly skilled workmen or proper materials , or (d) The Contractor shall refuse or fail to prosecute the work or any part thereof with such diligence as will insure its completion within the period herein specified (or any duly authorized extension thereof) or shall fail to complete the work within said period , or (e) The Contractor shall fail to make prompt payment to persons supplying labor or materials for the work, or ( f) The Contractor shall fail or refuse to regard laws , ordinances , or the instructions of the Engineer or otherwise be guilty of a substantial violation of any provision of this Contract , then, and in any such event , the Town , without prejudice to any other rights or remedy it may have, may by seven (7) days notice to the Contractor, terminate the employ- ment of the Contractor and his rights to proceed either as to the entire work or (at the option of the Town) as to any portion thereof as to which delay shall have occurred, and may take possession of the work and complete the work by contract or otherwise , as the Town may deem expedient . In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the compensation to be paid the Contractor hereunder shall exceed the expense of so completing the work (including compensation for additional managerial , administrative and inspection services and any damages for delay) , such excess shall be paid to the Contractor. C-22 HOIZMACHER, MCLENDON& MURR" P.C. / H2M CORP. COMULTINO ENGINEERS AND ENVIRONMENTAL SCIENTISTS CONTRACT - CUNT'I). If such expense shall exceed the unpaid balance, the Contractor and his sureties shall be liable to the Town for such excess . If the right of the Contractor to proceed with the work is so terminated, the Town may take possession of and utilize in completing the work such materials , appliances, supplies , plant and equipment as may be on the site of the work and necessary thereof. If the Town does not so terminate the aright of the Contractor to proceed, the Contractor shall continue the work. 34 . CONTRACTOR' S RIGHT TO STOP WORK OR TERMTNATE CONTRACT If the work shall be stopped by order of the Court or any other public authority, for a period of three months without act or fault of the Contractor or of any of his agents , servants , em- ployees or subcontractors , the Contractor : may , upon ten (10) days notice to the Town, discontinue his performance of the work and/or terminate the Contract , in which event the liability of the Town to the Contractor shall be determined as provided in the paragraphs immediately preceding, except that the Contractor shall not be obligated to pay to the Town any excess of the expense of completing the work over the unpaid balance of the • compensation to be paid to the Contractor hereunder. 35. RESPONSIBILITY OF WORK r The Contractor agrees to be responsible for the entire work embraced in this Contract until its completion and final acceptance, and that any unfaithful or imperfect work that may become damaged from any cause, either by act of commission or omission to properly guard and protect the work that may be dis- covered at any time before. the completion and acceptance shall be removed and replaced by good and satisfactory work without any charge to the Town and that such removal and replacement will be performed immediately on the requirement of the Engineer, notwithstanding the fact that it may have been overlooked by the proper inspector, and partial payment made thereon. It is fully understood by the Contractor that the inspection of -the • work shall not relieve him of any obligation to do sound and reliable work as herein prescribed, and that any omission to disapprove of any work by the Engineer at or before the time of a partial payment -or other estimate shall not be construed to be an acceptance of any defective work. C-23 HOLZMACHER, MCLENDON d MURRELL, P.C. / H2M CORP. CONSULTING ENGINUAS AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT'D. 36. USES OF PREMISES AND REMOVAL OF DEBRIS The Contractor expressly undertakes at his own expense: (a) to take every precaution against injury to persons or damages to property ; (b) to store his apparatus , materials , supplies and equip- ment 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 ; or other contractors ; (c) to place upon any of the completed work only such super- imposed loads as are consistent with the safety of that portion of the work ; (d) 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 and orderly and workmanlike appearance ; (e) before final certificate, to remove all surplus material, temporary structures , plants of any description and debris of any and every nature resulting from his operations and to put the site in a neat and orderly condition . f 37. POWER OF THE CONTRACTOR TO ACT IN AN EMERGENCY In case of an emergency which threatens loss or injury to property and/or safety to life, the Contractor will be permitted to act as he sees fit without previous instructions from the En- gineer. He shall notify the Engineer thereof immediately there- after and any compensation claimed by the Contractor due to extra work made necessary because of his acts in such emergency shall be 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 in- structed 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. HO AWHER, McLENDON b MURRELL. P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SC1ENTIS" CONTRACT - CONT' D. 38. SUITS AT LAW The Contractor shall. indemnify and save Harmless the Town from and against all suits , claims , demands or actions :for any injury sustained or alleged to be sustained by any party or parties in connection with the construction of the work or any part thereof, or any commission or omission of the Contractor, his employees or agents or any suhcont:ractors and in case any such action shall be brought against the Town, the Contractor shall immediately take care of and defend the same at his own cost and expense. 39. PROVISIONS 11EQUI RED BY LAW DEEMED INSERTED Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein, and, if through mistake or otherwise , any such provision is not inserted or is not correctly inserted, then upon the application of either party , the Contract shall forthwith be physically amended to make such insertion, 40. SUBLETTING, SUCCESSOR AND ASSIGNS The Contractor shall not sublet any part of the work under this Contract, nor assign any money due him hereunder without first obtain- ing the written consent of the Town. This Contract shall endure to the benefit of and shall be binding upon the parties hereunder and upon their respective successors and assigns , but neither party shall assign or transfer his interest herein in whole or in part without consent of the other. 41. WAIVER OF IMMUNITY If any person, corporation, or body contracting with the Town, who when called before a grand jury, head of a city department , or other agency, which is empowered to compel the attendance of wit- ness and examine them under oath, to testify in an investigation concerning any transaction or contract Had with the state, any polit- ical subdivision thereof, a public authority or with any public department , agency or official of the state or of any political sub- division thereof or of a public authority, refuses to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant question concerning such transaction or contract , then C-25 HOLZMACHER. MCLENOON b MURREII, P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT'l). (a) such person, and any firm, partnership or corporation of which he is a member, partner, director or officer shall be disqual- ified from thereafter selling to or submitting bids to or receiving • awards from or entering into any contracts with any municipal corp- oration or fire district , or any public department , agency or official thereof, for goods , work or services , for a period of five years after such refusal (b) any and all contracts made with the Town or any agency or official thereof, by such person, and by any firm, partnership, or corporation of whish lie is a member, partner , director or officer may be cancelled or terminated by the Town without incurring any penalty or damages on account of such cancellation or termination, but any monies owing by the municipal corporation for goods delivered or work done prior to the cancellation or termination shall be paid. C--26 HOLZMACHER, MGLENDON 6 MURRELL, P.C. / H2M CORP. CONSULTING U40INEERA AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT' D. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. • TOWN OF SOUTHOLD BY; `off✓.—sci ld '?- 4 ` (TOWN SEAL) William R. Pell III , Supervisor Pa?X-ao'A&VO-17 (SEAL) —� Contracto Con act#g,; Inv. BY: t TITLE: hNI S11. FARLEY= VICE PRESIDENT STATE OF NEW YORK ) ) ss: COUNTY OF SUFFOLK ) On theday of J�tde- , 198/ before me personally came William R. Pell III , to me known, who being by me duly sworn, did depose and say that he is the duly elected Supervisor of the Town of Southold, County of Suffolk, New York , and that at a meeting of the Town Board of the Town of Southold , duly held on the 4394bay of �� , 19�, the said Board, authorized the said Super- visor to execute all and any contracts on behalf of the Board; that he knows the seal of the said Town, that the Seal affixed to the foregoing instrument is its corporate seal ; that it was affixed thereto by order of the said Board , and that he signed his name thereto and executed the said instrument on behalf of the said Town by like order and authority . NOTARY BLIC ELIZABETH ANN NEVILLE NOTARY PUBLIC, State of New Yak I No. 52-8125850, Suffolk Cou Term Expires March 30, 19. FR C-27 HOLZMACHER, MCLENDON b MURRELL, P.C. / H2M CORP. CONSULTING ENGINEERS ANO ENVIRONMENTAL SCIENTISTS CONTRACT - CONT'D. w ACKNOWLEDGMENT OF CONTRACTOR, IF A CORPORATION Y STATE OF NEW YORK) ) SS: COUNTY OF ) On this day of 19 before me personally came and appeared to me known, who by me being duly sworn, did depose and say that he resides at that he is the of , the Corporation described in and which executed the foregoing in- strument , that. he knows the seal of said corporation, that one of the seals affixed to said instrument is such seal , that it was so affixed by order of the Directors of said corporation, and that he signed his name thereto by like order. a NOTARY PUBLIC ` ACKNOWLEDGMENT OF CONTRACTOR, IF A PARTNERSHIP STATE OF NEW YORK) SS: COUNTY OF ) On this day of 19 before me personally came and appeared to me known, and known to me to be one of the members of the firm of described in and who executed the foregoing instrument, and lie acknowledged to me that he ex- ecuted the same as and for the act and deed of said form. .It NOTARY PUBLIC C-28 ' HOLZMACHER, McLENDON& MURRELL,P.C./H2M CORP. " CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS GENERAL SPECIFICATIONS w THE ITEMS HEREIN REFERRED TO ARE THE ITEMS OF THE SUFFOLK COUNTY DEPARTMENT OF PUBLIC WORKS SPECIFICA— TIONS ADOPTED NOVEMBER 1, 1968 AS AMENDED. THESE SPECIFICATIONS SHALL BE INCORPORATED BY REFERENCE AND SHALL APPLY AS IF DETAILED IN FULL, UNLESS HEREIN MODIFIED. s • • a s Y GS-1 HOLZMACHER, McLENDON&MURRELL,P.C.I H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS GENERAL SPECIFICATIONS (CONT"D. ) s GENERAL REQUIREMENTS The successful bidder shall furnish, deliver and apply on the project asphaltic concrete of an approved quality which shall meet the • requirements shown under its respective item for the kind of material furnished. For any contract, the material furnished shall show uniform test. QUANTITIES OF BITUMINOUS MATERIALS The Contractor must furnish to the Engineer a certified copy of the weights of the asphaltic concrete material delivered. CONSTRUCTION The successful bidder shall apply the asphalt concrete on the pro- ject in accordance with the materials and construction details for the respective item in the Suffolk County Department of Public Works Speci- fications, except as may be modified in the Technical Specifications of w this Contract. MEASUREMENT AND PAYMENT The price bid shall be full compensation for furnishing, hauling, applying and rolling, and shall also include materials, labor, equip— ment and incidentals necessary to complete the work satisfactorily. v } GS-2 • HOLZMACHER, McLENDON&MURRELL,P.C.I H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS • TECHNICAL SPECIFICATIONS 1. 0 SCOPE Under this Contract the Contractor shall furnish and place base course asphalt concrete on New Suffolk Avenue and certain intersecting side streets, generally between Camp Mineola Road and Meadow Lane, as directed by and to the approval of the Engineer . 2 . 0 MATERIALS The base course asphalt concrete shall be as specified under Item 45SP, "BASE COURSE ASPHALT CONCRETE TYPE 1A, " in the Suffolk County Department of Public Works Specifications of November 11 1968 as amended. 3. 0 CONSTRUCTION DETAIL Under this Contract the Contractor shall furnish and place bitumi— nous concrete Type lA in order to construct an asphalt concrete base course having a material thickness of 3 inches after compaction. A typical roadway section is included on Page TS-2 of this Specification. 4 . 0 METHOD OF CONSTRUCTION The method of construction shall be in accordance with the Suffolk County Department of Public Works Specifications of 1968 as amended, "MATERIALS AND CONSTRUCTION DETAILS FOR ITEM 45SP, BASE COURSE ASPHALT TYPE 1A. It shall conform to all applicable requirements described under "BITUMINOUS PAVING CONSTRUCTION, PART II , SECTION 8" of the Suf- folk County Department of Public Works Specifications of 1968 , as amended. The bituminous concrete base course shall be constructed when and as directed by and to the approval of the Engineer; the construction of the bituminous concrete base course shall be coordinated with work being done by others at the project site. 5. 0 METHOD OF MEASUREMENT The quantity to be paid for under this Contract shall be the number of tons of material placed and compacted in accordance with this Speci- fication, and as ordered by and to the approval of the Engineer. TS-1 ii 60 trJ � 0-3z H tlj yy r ro n H i H = O Z N � hc d v N Bit��ir�ocss rr�aferia/ �" lil?'41147'M,C ?�o ChoS. ! lr�err� 6,7BSt6y ot/�� f" `oo �ov�-se as asvh�.'f co�c�efe /,4- Ile,-,4,5iF(by o the.-s) 3" Base course as ha/ cor�cr��e !,4- I`ems 45s.� (phis contr��t) 6 obi/fie sor/c�g9 ''eqo e s� brys�- errs y of �r-s 3"FIs ofia/fic cvlrc�efe For �shUv/o'o>s - ,lfe ,5i'Y r6y o th�-s 1 t TYPICAL ROADWAY SECTION f i , I HOLZMACHER,MCLENDON&MURRELL,P.C.I H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS • TECHNICAL SPECIFICATIONS (CONT'D. ) s 6 . 0 BASIS OF PAYMENT The unit price bid per ton for this item shall include the cost of furnishing all labor, materials and equipment necessary to complete the work, including bitumen, mixing, transport, placing and rolling. • • TS-3 t I'. 'y f t � 1 c Holzmacher, McLendon and Murrell, P.C.I H2M Corp. Consulting Engineers. Planners and Environmental Scientists Melville,N.Y. Farmingdale,N.Y. Riverhead,N.Y. Newton,N.J. Ak TOWNN OF SOUTHOLD SUFFOLK COUNTY NEW YORK CONTRACT AND SPEC1P1CAT'-V0f4S FOR FURNISHING AND PLACING I'sASE COURSE ASPHALT CONZCRE'Thi ON NEW SUF'FOLX.. AVENUE PROJECT NO. SORT 8.1-•04 TOWN BOARD Suer-visor William R. Pe.1 SIT Councilmen henry W. Drum Fra)cis. 'I'. Murphy Larry W. Murdock Jo'-An :.;'. Nickles .Tus-�ice Franci s T. Doyen SUPT. OV f-TGHWAYS Raymond C. Dean Judi"- t r• Terry 1 Holzmacher, McLendon and Murrell, P.C./ H2M Corp. Consulting Engineers. Planners and Environmental Scientists Melville,N.Y. Farmingdale,N.Y. Riverhead,N.Y. Newton,N.J. d HOLZMACHER, MCLENDON& MURRELL,P.C.I H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS w INDEX TOWN OF SOUTHOLD FURNISHING AND PLACING BASE COURSE ASPHALT CONCRETE ON NEW SUFFOLK AVENUE PAGE • Index I - 1 page Notice to Bidders NB - 1 page Information for Bidders IB - 11 pages Proposal P-A thru P-D Indemnity, Limitation of Liability ILL - 1 page Contract C - 28 pages General Specifications GS - 2 pages Technical Specifications TS - 3 pages I-1 HOLZMACHER, McLENDON& MURRELL, P.C. I H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN that SEALED BIDS will be received by the Town Clerk of the Town of Southold at the Town Hall, Main Road, Southold, New York, until 3 : 00 P.M. , prevailing time , on Thursday, Apri] 30 , 1981 , at which time and place they will be publicly opened and read for the following contract: FURNISHING AND PLACING BASE COURSE ASPHALT CONCRETE ON NEW SUFFOLK AVENUE The above item must conform to the Specifications of the Suffolk County Department of Public Works for Item 45SP - Base Course Asphalt Concrete Type 1A. Specifications may be obtained on or after April 23 , 1981 at the Town Hall and offices of the Consulting Engineers , HOLZMACHER, McLENDON & MURRELL, P .C . , 209 West Main Street, Riverhead, New York, 11901 , and 125 Baylis Road, Melville, New York, 11747 , upon deposit of twenty-five dollars ($25 . 00) for each set furnished. i Deposits for Specifications will be refunded to bidders who return Specifications within ten (10) days in good condition; other deposits will either be partially or not refunded if the Specifications have not been returned in good condition within thirty (30) days after bids have been opened. Each Proposal must be accompanied by a certified check or bid bond in the amount of five percent (5%) of the total bid, made payable to William R. Pell, III , Supervisor, Town of Southold, as set forth in the Information to Bidders. The Town reserves the right to reject any or all bids, to waive any informalities and to accept such alternate bid which, in the opinion of the Town Board, will be in the best interests of the Town. BY ORDER OF THE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK JUDITH T. TERRY, TOWN CLERK TOWN OF SOUTHOLD SOUTHOLD, NEW YORK 11971 t DATED: APRIL 21 , 1981 NB-1 HOLZMACHER, McLENDON 6 MURRELL, P.C. / HZM CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS INFORMATION FOR BIDDERS BIDS FOR PROJECT The Town of Southold will receive SEALED PROPOSALS for Furnishing and Placing Base Course Asphalt Concrete on New Suffolk Avenue. TIME AND PLACE OF BID Bids are to be submitted in opaque envelopes and will be received by the Town of Southold at the Town Hall , Main Road, Southold, New York, not later than 3 : 00 P.M. , Prevailing Time, Thursday, April 30, 1981, at which time and place they will be publicly opened and read aloud. Use of the mails shall be at the Bidder ' s own risk, and the Bidder shall be responsible for physical delivery of the Bid at the time and place set for opening of Bids. BID ENVELOPE All proposals and either the certified check or bid bond must be placed in a sealed envelope bearing the Bidder ' s firm name and address marked, "Project No. SOHT 81-04 , Proposal for Furnishing and Placing Base Course Asphalt Concrete on New Suffolk Avenue, Town of Southold, Suffolk County, New York" , but otherwise unmarked. If mailed, this envelope shall be placed in another envelope addressed to Town Clerk Judith T. Terry, Town of Southold, Town Hall , Main Road, Southold, New York 11971. Use of the mails is at the Bidder ' s risk. IB-1 HOIZMACHER. MCLENOW 6 MURR" P.C. / H2M CORP. CONSUMNO ENGINUAG AND ENVIRONMURAL SCICNTISTS INFORMATION FOR 13IDDERS (CONT'D. ) SPECIFICATION DEPOSITS (a) Deposits for specifications will be completely refunded to Bidders who return same in good condition within ten (10) days after receipt of bids . Bidders will receive one-half of the deposit amount tur specf.ications returned after ten (10) days and before thirty (30) days following the bid date. (b) Deposits for specifications will be completely refunded to non-bidders who return same in good condition within 48 hours of receipt of said specifications. Non-bidders will receive one--half the deposit amount for specifications returned in good condition within ten (10) days following the bid date. No deposit for specifica- tions will be refunded to non-bidders after ten (10) days following the bid date. ,; IB-2 M HOLZMACHER, McLENDON & MURRELL, P.C. I H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS INFORMATION FOR BIDDERS (CONT'D. ) SPECIFICATIONS Complete sets of specifications for the inspection of prospective bidders will be found on file with the Town Clerk, Town of Southold, Town Hall, Main Road, Southold, New York, and at the office of Holz- macher, McLendon & Murrell , P.C. , Consulting Engineers , 209 West Main Street, Riverhead, New York, or 125 Baylis Road, Melville , New York. All contractors must leave their names , phone numbers and correct mailing addresses upon receipt of the specifications. 1 VERBAL ANSWERS The Town, its agents, servants or employees, or the Engineer, will not be responsible in any manner for verbal answers to any in- quiries regarding the meaning of the contract specifications given prior to the awarding of the contract. EXAMINATION OF SITE Bidders must satisfy themselves by personal examination of the location of the proposed work and of the actual conditions and require- ments of the work, and shall not, at any time after the submission of a proposal, dispute or complain of such estimate or assert there was any misunderstanding in regard to the scope of the work. The Contractor shall inspect the site and existing conditions be- fore submitting his bid. ` PROPOSAL The Form of Proposal contained herein shall be used in making out bids. Any proposal not in accordance with these instructions, or con- taining bids not asked for, may be rejected. C IB-3 HOLZMACHER, McLENDON 6 MURRELL. P.C. / HZM CORP. COPOWNO ENUMUMS AND LNVIRONMENIAL OC1ENTIM INFORMATION FOR BIDDERS (CONT ' D. ) As the estimates of quantities of items stated in the proposal are approximate only , bidders are required to submit their proposal upon and in the following express conditions , which shall apply and become a part of every proposal received . Each bidder shall fill out , in ink , in both words and figures , in the spaces provided , his unit or lump sum bid , as the case may be , for each item in said Dorm of Proposal for which he is submitting a bid . No bid will be considered which does not include bids for all items A the Lio��osal , including tome of eiion . If the contract is not executed by the Town within forty- five (4S) days after the receipt of bids , the obligation of the bidder under this proposal may terminate at his option and he shall there- upon be entitled to a refund of his certified check or release of his bid bond furnished by frim as security with his proposal . BID BOND OR CERT I F]ED CHECK Each proposal from a contractor shall be accompanied by a bid bond or certified check on a solvent bunk of the State of New York , in the amount of five percent (5% ) of the total bid . Such check shall be made payable to James F. Homan , Supervisor, Town of Southold , New York , and the amount thereof shall be the measure of liquidated damages which the Town will sustain by the failure , neglect or refusal. of the bidder to execute and deliver the contract , should the contract be awarded to him . The checks of all unsuccessful bidders will be returned upon the rejection of bids and the execution of the contract • by the parties ; also , the check of the successful bidder will be returned upon the execution of the contract and the furnishing of the required bona . NAPA: OF BIDDER Each bidder must: state in his proposal , his full name and busi - ness address , and the t.ull name of every person , firm or corporation interested in the same , and the address of every person or firm or president and secretary of every corporation interested with him . If _ ` 111-4 HOLxMACHER, MCLENDON 6 MURRELL, P.C. / H2M CORP. CONSULTIN4 WG1NUM AND ENVIRONMCNTAL SMUMOU INFORMATION POR 131 DDI:R (CONT ' l). ) no other person be so interested , lie must distinctly state that fact , also that his proposal is made without any connection directly or in- directly with any other bidder for the work particularly mentioned in his proposal ; that it is in all respects without fraud or collusion, and that no person acting for or employed by the Town is directly or indirectly interested therein, or in the supplies of work to which it relates , or in any portion of the prospective profits thereof. QIIALf FICATIONS OF BIDDERS (l ) The Town reserves the right to waive any informalities in, or reject any and all bids . The Town reserves the right to re- ject any and all bids which do not conform to the proposals , or upon which the bidders do not comply with the requirements of the Town as to their qualifications . (2) All hidders must prove to the satisfaction of the Town that they are reputable , reliable and responsible , and that they pos- sess the necessary qualifications to successfully deliver the proposed equipment , and that they have performed and completed successfully similar work to an extent which , in the opinion of the Town , will qualify them by experience to perform the work which is proposed. (3) In determining the qualifications of' a bidder , the Town will consider his record in the performance of any contracts entered into by him for the work contemplated or of similar nature, may make such investigation as it deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the Town all such information and data for this purpose as the Town may request . (4) The Town shall be the sole judge of the qualifications of the bidders and of the merits thereof and reserves the right to reject any bid if the record of the bidder in the performance of contracts , payment of bills and meeting of obligations to subcontractors , material - men or employees is not satisfactory to the Town , or if the evidence submitted by or the investigation of such bidders fails to satisfy the Town that he is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. GUARANTEE BOND The successful bidder shall be required to furnish at. the execu- tion of the contract an executed bond of a surety company authorized 113-5 MOLZMACHER. McLENDON IL MURRELL, P.C. / H2M CORP. coNSULTINQ cNattium AND LNVIXQNMU"AL WINTIM INFORMATION FOR BIDDIR (CONT . D) to do business in the State of New York and approved by the Tot."n in an amount equal to one hundred percent (100'0) of the total ,tmuunt of the contract , guaranteeing to the Town the faithful performance Of the contract , and payment of all claims for materials , labor and wages in connection therewith . SIGNATURE OF CONTRACTOR The bidder to whom a contract may be awarded shall attend at the office of the Town , with the sureties offered by him, hi thin seven (7) days , Sunday excepted , after the date of notification by "Il i1 of the acceptance of his proposal , and there sign the contract in quadruple ' cate for the work and furnish agtproved security for its performance . In case of failure to do so , the bidder shall be considered as having; abandoned the same , and the check accompanying; his proposal shall be forfeited to the Town , or the penalty of the bid bund shall be invoked. CONTRACTOR 'S INSURANCIi The contractor shall not commence any work until he has obtained and had approved by the 'Town all of the insurance specified and required in the contract . WAIVER OF IMMUNITY Attention of the bidder is hereby directed to the requirements of the General Municipal Law of the State of New York and in particular to Section 103-a of the General Municipal Law regarding "Waiver of Immunity" , as indicated on Page G-8 of the contract . RESPONSIBILITY FOR BIDDER Attention is hereby particularly directed to the provisions of the contract whereby the contractor will be responsible for any loss or damage that may happen to the material or any part thereof during its delivery ; and also whereby the contractor shall make good any defects or faults due to materials or workmanship within twelve (12) months after its delivery, placement , and acceptance. l 13-G HOLZMACHER, McLENOON &MURRELL. P.C. / HZM CORP. CONOUMNO ENQINEER/ ANO ENVIRONMENTAL /CIENTIM INFORMATION FOR BIDDERS (CONT-D. ) In order to secure the performance of the covenant of the con- tractor, the .Town shall retain the Guarantee Dond during the period of one (1) year from the date of the Engineer ' s final certificate. Work is required to be completed to the satisfaction of the Engineer and in :substantial accordance with the specifications hereunto annexed. TOWN OF SOUTHOI,D SUFFOLK COUNTY, NEW YORK M IB-7 State of New York Bureau of Public Work Department of Labor f A A, State Office Building Campus Albany, N.Y. 12240 CONTRACT REQUIREMENTS Each public work contract to which the State,a public henel'ii corporation,a ►municipal corporation ora commission is a party and which may involve the employment of laborers,workmen or n►echanics,shall comply with the requirements of Article 8 of the New York State Labor Law: 1. No laborer, workman or mechanic in the employ of the contractor, suhcontractor or other person doing or contracting to do the whole or a part of the work contemplated by the contract shall he permitted or required to work ►nore than eight hours in any one calendar day or more than live days in any one week except in the extraordinary emergencies set forth in the labor law or where a dispensation is granted by the Industrial Commissioner. (See Section 220.2) 2. Each laborer, workman or mechanic employed by the contractor or subcontractor shall be paid not less than the prevailing rate of wages at the tine the work is perfor►ncd,and shall be paid or provided not less than the prevailing supplements at the time the work is performed, as determined by the fiscal officer. If the prevailing rate of wages or the prevailing supplements change after the prevailing rate schedule is issued,each workman,laborer or mechanic shall be paid or provided not less than the new rates. (See Section 220.3) 3. The contractor and every subcontractor shall post in a pron►inent and accessible place at the work site a statement of the current wage rates and supplements specified by the contract for the various ' classes of mechanics,workmen or laborers. (See Section 220.3-a) 4. Apprentices must he registered,individually, under a bona fide program registered with the New York ' State Department of Labor. The allowable ratio of apprentices to journeymen in any craft classifica- tion shall not be greater than the ratio permitted to the contractor as to his work force on any job under the registered program. Any employee who is not registered as above, sliall be paid the pre- vailing wage rate for the classification of work he actually performed. The contractor or subcontrac- tor will be required to furnish written evidence of the registration of his program and apprentices as well as of the appropriate ratios and wage rates for the area of construction, prior to using any apprentices on the contract work. (See Section 220.3-e) S. (a) No contractor, subcontractor, nor any person acting on his behalf,shall by reason of race,creed, color, sex or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates.(See Section 220-e (a) ) (b) No contractor, subcontractor, nor any person acting on his behalf shall,in any manner,discrimi- nate against or intimidate any employee on account of race,creed,color,sex or national origin. (See Section 220-e (b) ) NOTE: Tire Human Rights Law also prohibits discrimination in employment because of age,disability or marital status. (c) There may be deducted from the amount payable to the contractor under the contract a penalty of five dollars for each calendar day during which such person was discruninated against or intim- idated in violation of'the provisions of the contract. (See Section 220-e(c) ) (d) The contract may be cancelled or terminated by the State or municipality,and all nwneys due or to become due thereunder may be forfeited, for a second or any subsequent violation of the terms or condition of the anti-discrimination sections of the contract. (See Section 220-e (d) ) (e) These provisions shall be limited to operations performed within the State of New York. (See Section 220-e(c) ) IB-8 PW-3 Is-sof PRCVAILIN4 RATC SCHCOULC State of New York Cas--N m- l3uruau of Department of Labor * public Work _ - -- Pending _.._ __-- -- NASSAU AND SUFFOLK COUNT [[ !! Firev- fit,J 1'1111 1,11I A NI I11 NI t PAYNI NI ! -_--._...._._._ ...._.. _. I'IT_. 1_-_... i OCCUPATIONS Effect. wage health date basic and pen- suppl . other supplements hourly welfare s on unemp. rate (A) (lt) {C) (D) through (N) CORI- DI:ILLFR Core Driller 11/17/80 10. 605 1. 00 74 G-. 19 Helper 11/17/80 9, 245 1. 00 74 G-. 19 El 1-C(IiICIAN --Electrician 7/2/80 14. 55 7'/.+. 35 S 1/2'/• 2S G8L- 8 1 /2%. 1.1-5/8Y., j Appr. 1st term 7/2/80 S. 82 7'/•+. 35 S 1/2'/. 25 GSL - 8 1 /2i:, lt-S/8%. IRONWORKI It ironworker- Structural 8/1/80 12. 70 1. aF, 2. 15 G-1. 75, tl-. 11, I-2. 00 Appr. 1st term 8/1/80 7. 13 1. 86 2. 1S G-1. 75, FI- . 11, I-2. 00 Reinforcing-(Lather) 8/1/80 13. 54 1. 325 . 985 D 02, G-. 75. H-. 01, I-1 10 Appr. lst Term 8/1/80 3. 85 1. 325 . 98S D-. 02, H- . 01 Ironworker-Ornamental 8/1/110 11. 90 1. S1 1. S'_; G-1. 00, If-. 1't, I-1. 7S • -Chai n Li nk 8/1/80 11. 90 1. 51 1. SS G-1. 00, H-. 1't, I-1. 75 Fence "Appr. is t term 8/1/80 7. 14 1. 51 1. 55 G-1. 00, H-. 14, I-1. 75 NAf,ON lUrick 1 ayur 7/1/80 12. 00 1. 48 1. 93 H-. 02, I-2. 05 Appr. 1st -term 7/1/80 6. 00 1. 48 1. 93 H-. 02, I-. 50 PA1NrLR Pa ntcr-[bush 9/1/79 10. 92 1. 0't 1. 04 G- 33, 1- 71 Scaffold/Spray 9/1/79 13. 26 1. 26 1. 26 G- . it0sr, I-. 71 Appr. 1st term 9/1/79 6. 55 . 62 . 62 G-. 20, 1- . 2S Nassau Co. (N of L. I. E. to Pt. Wash OI vd. S. of Sunri ss. k1wy. E. to Long [3eacli Rd. ) ------------------ ------ -- - -- - Pai rater-Brush 5/1/80 10. 82 1. 29 2. 30 G-. 70, H-. OS 1 Appr, 1st term 5/1/80 Sr. 4.1 1. 29 1. 15 G-. 3S, H- 05 Scaffold/Spray 5/1/80 12. 17 1. 29 2. 30 G-. 70, H-. 05 Nassau Co. Remainder of County ----- -- ----------------------- Pa 1 ---- -- ----------------------- Pal rater-Steel II/14/aa 14. 28 1. 86 2. 00 H-. 07 Power 1ooI , Spray 11 /14/80 15. 28 1. 99 2. 1't H-. 08 SandbIaster{ stee1 11/14/80 15. 28 1. 99 2. 14 H-. 08 Appr. 1st term 11/14/80 7. 00 91 98 H-. 035 Nassau Co. -Entire County ------------------------------ Painter ©rush 5/1/80 11. 03 3. 15 85 G-. SO. Ii-. 21 Steel /Bridge 5/1/110 13. 67 3. 15 85 G-. 50, H-. 21 Spray 5/1/80 12. 35 3. 15 8S G-. SO, H-. 21 Appr. 1st term 5/1/80 S. 73 1. 90 85 G-. 25, H-. 21 Suffolk Co. PLUMBER Plumber 8/1/80 13. 15 1. 00 2. 05 G-1. 30. H-. 3%. I-. 57 Appr. 1st term 8/1/110 5. 26 . 60 1. 31 G-. 70, H-. 24. I-. 29 Suffolk Co. ------------------------------ P I umber 8/1/80 12. 45 1. 10 1. 44 G-1. 30, H-. 25 Appr. 1st term 8/1/IIO 4. 98 411, . 576 G-. 't4, H-. 10 Nassau Co. TLAM!iTER Truck Driver Excavati on 8/1/80 10. 125 1. 6125 2. 6025 I-. 40 Euclid 8/1/80 10. 525 1. 6125 2. 6025 I- 4a Other 8/1/80 8. 925 1. 6125 2. 25 WEt_DER Welder To be paid the rate of the mechanic performing the work OCCUPATIONS APPLICAULE TO HEAVY/t1IGH4AY and RUILDTNG SCHEDULES * See page IB-11 ~� Print 26 (12/3/80 ) IB-9 r PREVAILING RATE SCIILDULr State of New Verk Case Numburl--- 11uruau of Department of Labor Public Work Pending NA!;!;AU AND !;Uf l Ol K COUN I I I !; Prev- '.iUPI'1.1 Nit NI AL Itl NI 11T PAYNI N3 ailing OCCUPATIONS Effect. wage health date basic and pen- stit,pl . oihur supplemonls hour- Iy wt, l fare 1, 1 (111 unemp. rate (A) (U) ( C) (D) lhrou!lh (M) - ----- Lar"PoitIvr (H/11) 8/1/110 13, 0't 1 . 85 1. 03 G- . '3!i, II-. 0!;, T- . 75 Appr. 1st term 8/1/80 7. 17 1. 85 1 03 G-. 9l., 11- U!,, I-. IS Nassau Co. (South of So. State Pkwy 8 West of Seaford Creek ) - ---- - -- Carpenter (H/H) 11/1/110 13, It 501 -H'J- -- G-. 95, H- . Of Appr. 1st term 8/1/80 6. 70 1. S0 1. 't9 G-. 91i, If-. U6 i Nassau Co. Remainder of County --- - - --- - -- - - --- ---- -- -- - - - - - - Carpenter(tl/11) 8/1/80 13. 't1, 1 . 33 1. 71 1;-. 130. 11-. Of; Appr. 1st term 11/1/110 G. 70 1. 33 1. 71 G- . 9(1. 11- . 06 Suffolk Co. - -- - ----- -------- ------- - ---- - P i Iedriver/DoCkbul Idcr 8/1/80 12. 94 1. 85 1 03 G-1. 01, H- . 05, I-. 75 Appr. 1st Corm 8/.1/80 7. 17 1. 85 1. 03 G-1. O1, EI-. O5, 1-. 75 --- ------ - -------- - - -- - - --- --- T i mborman 8/1/110 12. OU 1. 85 1. 03 G-. 95, ti- . OS, I-. 75 lie I per a/1/80 10. 49 1. 115 1. 03 G-. 95, II-. 05. I-. 7S - - ------ - ----- V-MAIfJI - - k -- - ---- AtJ-IIIGIIWf� NANC-I� App isaule on I alfIc sI !11'oIs and street I191111 nq only. Mal it t. L 1 v c t r r cian I, Ito 12. 311 8% It 1/2'.'. G 8 1.-6 1/2%, 1-7% II- S/8'.., J-3:'. App r. Ist 1vrIll 6/1/110 4. 57 8% 4 1/2'L G 8 L -l; 1/2V., 1-7% L AI�ORI-l2(Hv_V - L.�borer if 11) Basi C, ConCreto, Jackhammer 8/1/110 8 70 10 V. 13 V. G- . 75 PIpulayer, Land- `.;Capo, Trackman 8/1/80 B. 70 10 % 1 _i V. G-. 7S Power lout 8/1/80 8. -70 10 V. 13 G- . 7S Asphalt Raker, Form Sutter 8/1/110 9. 30 10 V. 13 % G- 75 Asphalt Shoveler and Tamper 8/1/80 9. 10 10 V. 13 V. G-. 75 MA!MN Cement r ni sher 2/1/80 12. 60 2. 19 2, 02 H-. 01 Appr. 1st -term 2/1/80 6. 30 2. 19 2. 02 H-. 01 S7Rfill R 5tr1piIt9 Mach Oper 8/1/80 9. 90 59 70 G-7% Ll ne r Man 8/1/80 10. '10 62 72 G-7% TREI TRINtiING I ree Trimmer 12/2/79 8. 43 34 25 1st 6mo 12/2/79 5. 51 34 25 Groundman, Or! ver 1st 6mo 12/2/79 6. 07 3`t 25 Driver 2nd 6mo 12/2/79 6. 36 34 25 Driver after 1 yr. 12/2/79 6. 95 311- 25 .� 7filr.l" RF_MOVAL E I.AND_iCA1 1N1; • Landscape Laborer 8/1/80 8. 70 10% 13% G-. 75 Mu I chi ng Macho ne Oper. 8/1/110 11. 995 9% of 2. 2S G-1. 00. H-. 15. M-. 10 rate+vac. Stump Chipper Mach. 8/1/80 10, 97 9% of 2. 2S G-1. 00, H-. 15, M-. 10 rate+vac. Truck Driver 8/1/80 8. 325 1. 4625 2. 2S WEL.1_ DRTLLER Wel I Uri 11er 3/1/80 10. 85 7% 2. 00 G-. 'f0 Helper 3/1/8U 8 85 7V.. 2. 00 G-. 40 OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY SCHEDULES * See page IB-11 IB-10 Print 26 (12/3/80 ) P 1 PREVAILING RATE SC111:1.)ULE State of New York Ca Number Bureau of Department of Labor VubIIc Work * Pending NASSAU AND (;UI'FOLK COUN1 -1Lti Prov- fiUf1111.I M N1 Al IN NI I-T I PAYMI NI ' a I 1 ng OCCUPATIONS Effect. wage health date basic ilnd poll- suppI other supplements hour l y wo I I I r o & i on unomp. rate (A) (H) (C) (D) through (M) SURVFY CREW (HI(IIIWAY a 1IFAVY) Party Chi of 7/1/ 80 12. 16 90 70 F-. 05, G- . 70, 1-1. 50 Instrument Man 7/1/110 10. 21 90 70 F-. 05, G- . 70, I-1. 50 Rodman/Chis i nmait 7/1/80 8. 91 90 70 F-. O5, G-. 70, I-1. 50 Survey Rates apply to those workmen employed on HIGHWAY and HEAVY contracts let on or after July 2, 19-19 --PO�Jk _I:_ f C;_UTI�RI( N1 OPFI:,110R (II/11) �AspIlls I -t tipreader-------- /80 13. 18 9% of 2. 2; 20 H-. 15, G-1. 00, M- . 10 backhoe 13. 55 hourly Hors ng Machine 13. 12 rate + HuIIdozor 12. 37 vac. Compressor-Singlo 11 99S Compressor-2 or more in battery 12. 60 Concrete Pump 12. 62t Concrete Spreader 13. 18 Concrete t3reitker 11. 28 ConvoIII or 12. 37 Crane 13. 18 Location, Effective Date and Drag Iine 13. 55 5upplemantoI Hvi,efI Payments Finishing Machine 12. 37 are the some Ior isII Power Equipment Fireman 1;2. 37 Operators. Generator 12 29 Grade-A 1 1 Oper, 13. 55 Grader 12. 585 Front End Loader 12 905 Maint. Lng. 12 37 Mulching Machine 11. 995 Oiler 10. 97 Piledriver 13. 55 ' Post Driver (Guard Rail ) 13. 12 Power Groom 11. 425 Pump (Under 4") 11. 9`_75 Pump (Over It 12. 38 Ridge Cutter 11. 28 Roller - ST & Under 12. 37 Roller - Over 5 Ton 12. 72 Scraper 12. 37 Shovel 13. rS Stump Chipper 10. 97 Tractor-Caterpillar or Wheel 10. 755 Track Tamper 10. 97 Trenching Machine 13. 395 OCCUPATIONS APPLICABLE TO HEAVY/FITGIIWAY SCHEDULES * A wage rate determination for work under this Contract has been requested from the New York State Department of Labor. While the prevailing rate schedules included in this Contract are current , they were not supplied specifically for this Contract . The success- ful Bidder will be informed when the New York State Department of Labor grants a case number for this Contract , and supplies Wage Rate schedules for this Contract. IB-11 Print 26 (12/3/80 ) l HOLtMACHER. MtLENQON&MURRELL. P.C. / H2M CORP. r CONSULTING ENQINEMRS AND [NVIRONMLNTAL SCIENTISTS PROPOSAL TO THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, STATE OF NEW YORK, BIDDERS DECLARATION: The undersigned, as Diddor, declares that the only person or persons interested in this Bid or Proposal as principal or principals is or are named herein and that no other person than herein named has any interest in this Proposal or in the Contract proposed to be taken; that this Bid or Proposal is made without any connection with any other person or persons making a Slid or Proposal. for the same purpose; the Bid or Proposal is in all respects without fraud or collusion, that he has visited the site of the proposed work, the Form of Contract and Specifications, and has read the Notice to Bidders, Information for Bidders and General Conditions hereto attached and fully i1nderstands all the same; that he proposes and agrees, if this Proposal is accepted, that ha will contract with the TOWN OF SOUTHOLD, in the Form of Contract accompanying this Bid, to perform all the work required in accordance with the Specifications, Notice to Bidders, Information for Bidders and General Conditions, and he will accept in full payment therefore, tlio following sums to wit: P-A HOLZMACHER, McLENDON& MURRELL,P.C.1 H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS i PROPOSAL (CONT'D. ) FURNISHING AND PLACING NEW SUFFOLK AVENUE BASE COURSE ASPHALT CONCRETE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK BID DATE: APRIL 30, 1981 3 : 00 P.M. ITEM 45SP Furnish and Place Base Course Asphalt Concrete Type lA Approximately 92 Tons PRICE PER TON C:Z ($ -5 4- I ) fie ' v:'A:- . : Dollars TOTAL °1R . . . ($ �-.&n l lar s � TOTAL BID (ITEM 45SP) ($ Dollars COMPLETION DATE SHALL BE 30 CALENDAR DAYS AFTER SIGNING THE CONTRACT. LIQUIDATED DAMAGES SHALL BE $50. 00 PER DAY. L BIDDER'S NAME: MUMFIELD CONTRACTING, I.NQ BIDDER'S ADD SS: GARDEN CITY N.L 11530 SIGNED BY: k�j TITLE: FARLEY, PRESIDENT DATE: V11 3,0 i98l, P-B HOLZMACHER, Mt,MDQW&MURR" R.C. ! H2M CORP, CQNBucnma 0101HU" AND LNWRONMtMTAL SCIENTISTS PROPOSAL - (CONT-D. ) Enclose certified check or bid bond for five percent (5%) of the total bid, as stipulated in the foregoing Information for Bidders. The Bidder hereby agrees to enter into a contract within seven (7) days after. due notice from the Town of Southold that the contract has been awarded to him and is ready for signature, such notice to be given in writing within forty-five (45) days of the date of opening of the bids, and on the signing of such contract by him to furnish the indemnifying bonds as provided in the Contract. And, the Bidder hereby further agrees that in the event of his failure or refusal to enter into a contract in accordance with this bid within seven (7) days after due notice from the said Town Board as given in accordance with the Information for Bidders, and/or his failure to execute and deliver the bond for the full amount of the contract price as provided in said Information for Biddets, that t:he bidder's check which is herewith deposited with the Town shall, at the option of said Town, . become due and payable as ascertained and liquidated damages for such default, otherwise the said check shall be returned to the undersigned. The full name and residences of all persons and parties interested in the foregoing bid as principals are as follows: NAME ADDRESS JOWPH ;1.6 FARLEY P_ ESIDiF, -9 HW PI.Garden City,N.Y. ES R. FARLEY - VICE'PRESIDER Aff Heath Pi.Garden City,N.Y. DREGORY H. FARLEY- SECRETARY 16 Heath PI.Garden City,N.Y. NAME OF BIDDER: MUIRFIELD CONTRACTING, I,NC,0 lb HLA I Pi V=E BUSINESS ADDRESS OF BIDDER: GARDEN CITY, N.Y. 11530 DATED AT: C A?ZDE�0 �,'r _ THE 30 DAY OF AMI L_ (9 81 P-C v HOLZMACNER, MCLENDON 6 MURK" P.C. / NTM OORP. y CONOUMNO V41ME906 AND ENVIRONMMAI OCIMIS" PROPOSAL - (CONT'D. ) NON-COLLUSIVE BIDDING CERTIFICATE By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under Penalty of perjury, that to the bestofknowledge and belief: • 1 . The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; and r 2. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor; and 3. No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition. Dated: APR 3,0 1981 Y MairPield Contracting, Inc. f By:_ (0, JOSEPH : PARLEY, PRESIDENT This bidder cannot make the foregoing cert' ication and a statement signed by the bidder is attached setting forth in detail the reasons therefor: "t p_D HOLZMACHER, MCLENDON 3 MURRELL, P.C. / H2M CORP. CON&ULTING 014IN99" ANO [Mv MMMaRAL sc UMM INDEMNITY, LIMITATION OF LIABILITY 1 . INDEMNITY The Contractor and all sub-contractors performing work in connection with this contract shall HOLD - HARMLESS, INDEMNIFY and defend the OWNER and ENGINEER, their consultants, and each of their officers, agents and employees from any liability, claims, losses or damage including reason- able costs of defense arising out of or alleged to arise from the Con- tractor' s or sub-contractor's negligence in the performance of the work described in the Contract documents, but not including liability that may be due to the sole negligence of the OWNER, ENGINEER or their officers, agents and employees. 2. LIMITATION OF LIABILITY The Contractor and all sub-contractors agree to limit the liability of the OWNER and ENGINEER due to the Engineer's professional negligent errors or omissions such that the total aggregate liability of the engineer to those named shall not exceed fifty thousand ($50,000. ) dollars, or 5% of the contract award amount, whichever is greater. a 10/SO ILL 1 of 1 HOLZMACHER, McLENDON 6 MURRELL, P.C. / H2M CORP. CONAULTING ENQINURS AND ENVIRONMENTAL SCIENT103 CONTRACT CONTRACT IN QUADRUPLICATE FOR AT TOWN OF SOUTHOLD, SUFFOLK COUNTY , NEW YORK , dated , 19 , BY AND BETWEEN THE 'TOWN BOARD OF THE TOWN OF SOUTHOLD , SUFFOLK COUNTY , NEW YORK , (herein called the "Town, " and (herein called the "Contractor" ) . WITNESSETH , that the Town and the Contractor, in consideration of the premises and of the mutual covenants , considerations and agreements herein contained , agree as follows : This Contract is hereby awarded to the Contractor for the work and material called for under his bid in the Proposal section of the Contract and designated as Items: and if required by the Consulting Engineer, Items: for the sum of : Dollars for the unit and/or lump-sum price(s) as listed in the Proposal herein. ` C-1 HOLZMACHER. MCLENDON 6 MURRELL. P.C. / H2M CORP. ' CONSULTING ENGINMO AND ENVIRONMCNTAL SCIENTISTS CONTRACT - CONT'D. 1. CONTRACT DOCUMENTS AND DEFINITIONS The Notice to Bidders, Information for Bidders, Proposal, General Conditions, Contract , Specifications and Plans, together with any Addenda , shall form part of this Contract , and the pro- visions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. The titles , headings, head- lines and marginal notes contained herein are solely to facilitate reference to various provisions of the Contract Documents and in `> no way affect , limit or cast light upon the interpretation of the provisions to which they refer. Whenever the term "Contract Docu- ments" is used, it shall. mean and include this Contract , the Plans, Specifications , any Addenda , and the Notice to Bidders, Information for Bidders, General Conditions and Proposal. . In case of any con- flict or inconsistency between the provisions of the Contract and those of the Specifications, the provisions of the Contract shall govern. WORK: The term "Work" , as used herein, refers to all of the work proposed to be accomplished at the site of the project and all such other work as is in any manner required to accomplish • the completed project , and includes all plant , labor, materials, supplies, equipment and other facilities and acts necessary or proper for or incidental to the carrying out and completion of the terms of this Contract . The term "work performed" shall be construed to include material delivered to and suitably stored at the site of the project . EXTRA WORK: The term "Extra Work" , as used herein, refers to and includes all work required by the Town which, in the judgment of the Engineer , involves changes in or additions to work required by the Plans, Specifications and any Addenda in their present form. SUBCONTRACTOR: The term "Subcontractor" , as used herein, shall mean any person, firm or corporation applying labor and material for work at the site of the project , but not including the parties to this Contract. ENGINEER: In the performance of the work, the Town shall be represented by its Consulting Engineer HOLZMACHER, McLENDON & MURRELL, P.C. , (herein called the "Engineer") . C-2 HOLtMACHER, MCLENDON &MURR" P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL BCIENTIS" CONTRACT - CONT'D. NOTICE - The term "Notice" y as used herein , shall mean and include written notice. Written notice shall be deemed to have been duly served when delivered to, or at the last known business address of , the person, firm or corporation for whom intended or to his, their, or its duly authorized agents, representatives or officers, or when enclosed in a postage prepaid wrapper or enve- lope addressed to such person, firm or corporation at his , their, or its last known business address and deposited in a United States Mail Box. DIRECTED,, REQUIRED, APPROVED, ACCEPTABLE - Whenever they refer to the work, or its performance, "directed" , "required", "permitted" , "ordered", "designated" , "prescribed" , and words of like import shall imply the direction, requirement, permission, order , designa- tion or prescription of the Engineer, and "approved", "satisfied" , or "satisfactory" , "in the judgment of" , and words of like import, shall mean approved or acceptable to, or satisfactory to, in the judgment of the Engineer. 2. SCOPE OF THE WORK The Contractor will furnish all plant , labor , material, supplies, equipment and other facilities and things necessary or proper for or incidental to, the work contemplated by this Contract as required by, and in strict accordance with, the applicable Plans, Specifications and Addenda prepared by the Engineer and/or required by and in strict accordance with, such changes as are ordered and approved pursuant to this Contract, and will perform all other obligations imposed on him by the Contract . 3. COMPENSATION TO BE PAID TO THE CONTRACTOR (a) Agreed Prices : It is understood and agreed that the Con- tractor will accept as payment in full the summation of products, of the actual quantities in place upon the completion of the work, as determined by the Engineer 's measurements by the unit prices bid, no allowance being made for anticipated profit or for reason of variations from the estimated quantities set forth in the Proposal. (b) Extra Work and/or Changes : The Town may, at any time, by a written order, and without notice to the sureties, require the performance of such extra work or changes in the work as it may find necessary or desirable. The amount of compensation to be paid to the Contractor for any extra work, as so ordered, shall be determined as follows : C-3 S HOLZMACHER, MCLENDON a MURR" P.C. / H2M CORP. CON3UMNO ENGINUAB AND ENV111ONMUML OCIENT M CONTRACT - CONT'D. (1) By such applicable unit prices, if any, as set forth in the contract , or (2) If no such unit prices are set forth , then by unit prices or by a lump sum mutually agreed upon by the Town and the Con- tractor, or (3) If no such unit prices are set forth, and if the parties cannot agree upon unit prices or a lump sum, then by actual net cost in money to the Contractor of the materials, permits, wages, or applied labor, premiums fox- Workmen's Compensation Insurance, ` payroll taxes required by law, rental for plant and equipment used (excluding small tools) to which total cost will be added twenty percent (20%) as full compensation for all other items of profit, costs and expenses, including administration, overhead, superintendence, insurance, insurance other than Workmen 's Compen- sation Insurance, material used in temporary structures, allowances made by the Contractor to subcontractors, additional premiums upon the Performance Bond of the Contractor and the use of small tools. 4. TIME OF ESSENCE Inasmuch as the provisions of this Contract relating to the time for performance and completion of the work are for the purpose of enabling the Town to proceed with the construction of a public improvement , in accordance with a predetermined program, such pro- visions are of the essence of this Contract . 5. COMMENCEMENT OF WORK The Contractor agrees that he will commence work within ten (10) consecutive calendar days after signing this Contract , and that the day he commences work shall constitute the first of the consecutive calendar days allowed for completion of the work. nl t C-4 HMZMACHER, MCLENDON b MURRELL. P.C. / H2M CORP. CONOUMNO EN4114UN AND ENYINONWNTAL 80ENTlM CONTRACT - CONT'D. 6. TIME FOR COMPLETION The time for completion of this Contract shall be within the number of calendar days stated in the Bid Proposal and the date of such completion shall be the date of the certificate of com- pletion hereinafter specified. The Town reserves the right to order the Contractor to suspend operations when, in the opinion of the Engineer, impro- per weather conditions make such action advisable, and to order the Contractor to resume operations when weather and ground con- ditions permit . The days during which such suspension of work is t in force are not chargeable against the specified completion time. 7. LIQUIDATED DAMAGES FOR DELAY The time limit being essential to and of the essence of this Contract, the Contractor hereby agrees that the Town 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 fifty dollars ($50. 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 Town 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, provided, however, that the Town 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 with- out his fault , or negligence, including but not restricted to Acts of God or of any public enemy, acts or neglect of the Town , acts or neglect of any other Contractor, fires, floods, epidemics, quarantine restrictions, strikes, riots, civil commotion 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 Town. No such extension of time shall be considered a waiver by the Town 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 obliga- tions hereunder. h 1 C-5 r HOLZMACHER, MCLENDON 6 MURRELL. P.C. / H2M CORP. CON3ULTINO ENOINEEAJI AND ENVIRONMENTAL SCIENTIM CONTRACT - CUNT"1). 9. CONTRACT SECURITY (a) The Contractor shall furnish a Performance Band in an amount equal to one hundred percent ( 100%) of the total contract price as security for the faithful performance of this contract , and for the payment of all persons performing labor or furnishing mater- ials in connection with this Contract . (b) Additional or Substitute Bond : If , at any time , the Town shall be or become dissatisfied with any surety or sureties , then upon the Performance Bond, or if , for any other reason , such bond shall cease to be adequate security to the Town , the Contractor shall , within five ( 5) days after notice from the Town, substitute an acceptable bond in such form and sum, and signed by such other ` surety as may be satisfactory to the Town . The premiums on such bonds shall be paid by the Contractor. No further payments shall be deemed due, nor shall be made until the new surety shall have been qualified. (c) Prior to release of the Performance Band , the Contractor shall deliver to the Town a Maintenance Bund equal to one hundred percent (100%) of the total Contract price , including all extras. This Maintenance Bond shall remain in full force and effect for a period of one (1 ) year after the date of the final certificate and such bond , which shall be executed by the Contractor and issued by a reliable, solvent surety company authorized to do business inthe State of New York shall guarantee to the Town that the Contractor shall promptly remedy any defects or faults that may occur within twelve (12) months after completion and acceptance of the work performed by the Contractor pursuant to this Contract . 10. CONTRACTOR ' S INSURANCE The Contractor shall not commence any work until he has obtained and had approved by the Town all of the insurance required under this Contract , as enumerated herein : Compensation Insurance Public Liability and Property Damage Insurance Contractor ' s Protective Liability and Property Damage Insurance Owner ' s (Town of Southold) and Engineer ' s Pro- tective Public Liability and Property Damage Insurance Automobile Public Liability and Property Damage Insurance 1 C-6 HOLZMACHER, MCLENDON 6 MURRELL, P.C. / HZM CORP. CO"ULTINO ENQINEER✓t AND ENVIRONMENTAL SCIENTIM CONTRACT - CONT'D. The Contractor shall not permit any subcontractor to commence any operation on the site until satisfactory proof of carriage of the above required insurance has been posted with, and approved by, the Town. (a) Compensation Insurance: The Contractor shall take out and maintain, during the life of this Contract , Workmen's Compensation Insurance for all of his employees employed at the site of the pro- ject , and in any case of any of the work being sublet , the Contractor shall require the subcontractor similarly to provide Workmen's Com- pensation Insurance for all of the latter 's employees, unless such employees are covered by the protection afforded by the Contractor. (b) Public Liability and Property Damage Insurance : The Con- tractor shall take out and maintain during the life of this Contract such Public Liability and Property Damage Insurance as shall pro- tect him and any subcontractor performing work covered by this Contract for claims for damages for personal injury, including accidental death, as well as from claims for property damage which may arise from operations under this Contract , whether such opera- tions be by himself or by any subcontractor, or by anyone directly or indirectly employed by either of them, and the amounts of such insurance shall be as follows : Public Liability Insurance in the amount not less than Five Hundred Thousand Dollars ($500,000. ) for bodily injuries , including wrongful death to any one person, and subject to the same limit for each person in an amount not less than One Million Dollars ($1, 000,000. ) on account of one accident . Property Damage Insurance in an amount not less than One Hundred Thousand Dollars ($500, 000. ) for damages on account of any one accident and in an amount of not less than Two Hundred Thousand Dollars ($1 ,000, 000 . ) for damages on account of all accidents . (c) Liability and Property Damage Insurance: The above policies for public liability and property damage insurance must be so written as to include Contractor 's Protective Liability and Property Damage Insurance to protect the Contractor against claims arising from the operations of any subcontractor. C-7 HOLZMACHER, MCLENDON&MURRELL. P.C. / H2M CORP. CONSUMNO ENGINEERS AND ENVIRONMENTAL MENT15" CONTRACT - CONT'D. (d) Owner' s and/or Engineers Protective Public Liability and Property Damage Insurance: (Town and/or Town Board, Town of Southold and/or Holzmacher, McLendon & Murrell, P.C. ) The Con- tractor shall furnish to the Town with respect to the operations he or any of his subcontractors perform, a regular Protective Public Liability Insurance Policy for and in behalf of the Town and/or Town Board, Town of Southold and/or Holzmacher, McLendon & Murrell, P.C. , providing for a limit of not less than $500,000. for all damages arising out of bodily injuries to, or death of one person and subject to that limit for each person, a total limit of $1,000, 000. for all damages arising out of bodily inju- ries to, or death of, two or more persons in any one accident ; ` and regular Protective Property Damage Insurance providing for a limit of not less than $500,000. for all damages arising out of injury to, or destruction of, property in any one accident and subject to that limit per accident a total (or aggregate) limit of $1 , 000,000 . for all damages arising out of injury to, or des- truction of property during the policy period. The insurance must fully cover the legal liability of the Town and/or Town Board, Town of Southold as owner and/or Holzmacher, McLendon & Murrell, P.C. The coverage provided under this policy must not be affected if the Town and/or Engineer performs work in connection with the project either for , or in cooperation with, the Contractor or as an aid there- to, whether the same be a part of the Contract or separate there- from, by means of its own employees or agents, or if the Town and/or Engineer directs or supervises the work to be performed by the Contractor. (e) Automobile Public Liability and Property Damage Insurance: The Contractor shall take out and maintain during the life of the Contract such automobile public liability and property damage insurance as shall protect him and any subcontractor performing work covered by this contract from claims for damages for personal injury, including accidental death as well as from claims for property damage which may arise from operations under this Con- tract, whether such operations be by himself or by any subcontractor, • or by anyone directly or indirectly employed by either of them and the amounts of such insurance shall be as follows : C-8 HOLZMACHER. McLENDON 6 MURRELL. P.C. / H2M CORP. CONaULTING ENGINURG AND ENVIRONMENTAL SCIENTIVI CONTRACT - CONT'D. Automobile Public Liability Insurance in an amount not less than Five Hundred Thousand Dollars ($500,000. ) for bodily injuries, including wrongful death by any one person, and subject to the same limit for each person in an amount not less than One Million Dollars ($1,000, 000. ) on account of one accident. Automobile Property Damage Insurance in an amount of not less than One Hundred Thousand Dollars ($100, 000. ) for damages on account of any one accident and in an amount of not ,less than Two Hundred Thousand Dollars ($200,000. ) for damages on account of all accidents. 11 . PROOF OF CARRIAGE OF INSURANCE The Contractor shall furnish the Town with certificates of each insurer insuring the Contractor or any subcontractor under this Contract , except with respect to subdivision (d) of Paragraph 10. In respect to this paragraph, the Contractor shall furnish the Town with the original insurance policy and a copy to the Engineer. Both certificates, as furnished, aid the insurance policy, as required, shall bear the policy numbers, the expiration date of the policy and the limit or limits of liability thereunder. Both the certificates and the policy shall be further endorsed to provide the Town and Engineer with any notice of cancellation at least five (5) days prior to the actual date of such cancellation. C-9 HOLZMACHER, MCLENOON 6 MURRELL. P.C. / H2M CORP. CONSULTING ENGINEE" AND ENVIRONMENTAL SCIENT18" r CONTRACT - CONT'D. 12. COMPLIANCE WITH LABOR AND PENAL LAWS The Contractor hereby expressly agrees to comply with all the provisions of the Labor Law and any and all amendments thereto, insofar as the same are applicable to this Contract . The Labor Laws, as amended, provide that no laborer, workman or mechanic in the employ of the Contractor, subcontractor or other person doing or contracting to do the whole or a part of the work con- templated by this Contract , shall be permitted or required to work more than eight (8) hours in any one calendar day, except in cases of extraordinary emergency caused by fire, flood, or danger to life or property; that no such person shall be employed more than eight (8) hours in any day or more than five (5) days in any week, except in such emergency; that the wages to be paid for a legal day 's work as hereinbefore defined, to laborers, workmen, or mechanics upon the work called for under this Con- tract , or for any materials used upon or in connection therewith, shall not be less than the prevailing rate for a day 's work in the same trade' or occupation in the locality within the State where such work is to be done and each laborer, workman or mechanic employed by the Contractor, subcontractor, or other person about or upon the work shall be paid the wages herein provided ; that employees engaged in the construction outside the limits of cities and villages are no longer exempt from the pro- visions of the Labor Law which required the payment of the pre- vailing rate of wages and the eight (8) hour day. Section 222 of the Labor Law, as amended by Chapters 556 and 557 of the Laws of 1933, provides that preference in employ- ment shall be given to citizens of the State of New York who have been residents of Suffolk County for at least six (6) consecutive months immediately prior to the commencement of their employment . Each person so employed shall furnish satis- factory proof of residence, in accordance with rules adopted by the Industrial Commissioner. Persons other than citizens of the State of New York shall be employed only when such citizens are not available. Section 222 further provides that upon the demand of the State Industrial Commissioner, the Con- tractor shall furnish a list of names and addresses of all his subcontractors and further provides that a violation of this section shall constitute a misdemeanor and shall be punishable by a fine of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00) or by imprisonment for not less than thirty (30) days nor more than ninety (90) days, or both fine and imprisonment . rt s C-10 HOIZMACHER. McIENDON &MURRELL. P.C. / H2M CORP. CDN$ULflNO ENOINL[As AND ENVIRONMENTAL SCIENTISTf CONTRACT - CONTID. Section 220A of the Labor Law, as amended by Chapter 472 of the Laws of 1932, provides that before payment is made by or on behalf of the State or any City, County, Town or Village or other civil deviation of the State, of any sums due on account of a contract for a public improvement , it is the duty of the Comptroller or. the financial officer of the Municipal Corporation to require the Contractor and each and every sub- contractor to file a certified statement in writing, in satis- factory form, certifying to the amounts then due and owing to ` any and all laborers for daily or weekly wages on account of labor performed upon the work of the Contract , setting forth therein the names of the persons whose wages are unpaid and the amount due each, respectively. Section 220-B of the Labor Law, as so amended, provides that any interested person who shall have previously filed a protest in writing objecting to the payment to any Contractor or subcontractor to the extent of the amount or amounts due or to become due to him for daily or weekly wages for labor performed on the public improvement for which the Conti-act was entered into, or if, for any other reason, it may be deemed advisable, the Comptroller of the State or other financial officer of the Municipal Corporation may deduct from the whole amount of any payment on account thereof the sum or sums admitted by any Contractor or subcontractor in such statement or statements so filed to be due and owing by him on account of labor per- formed and may withhold the amount so deducted for the benefit of the laborers for daily or weekly wages, whose wages are unpaid as shown by the verified statements filed by any Con- tractor or subcontractor and may pay directly to any person the amount or amounts so shown to be due for such wages. Section 220-C of the Labor Law, as so amended, provides ,the penalty for making of a false oath or verification. Section 220-D of the Labor Law provides that the advertised specifications for every Contract for the construction, recon- struction, maintenance and/or repair of highways to which the State, County, Town and/or Village is a party shall contain the provision stating the minimum rate of hourly wage that can be paid, as shall be designated by the Industrial Commissioner, to the laborers employed in the performance of the Contract , either by the Contractor, subcontractor or other person doing or contracting to do the whole or part of the work contemplated by the Contract , and the Contract shall contain a stipulation that such laborers shall be paid not less than such hourly minimum rate of wage. Any person or corporation that willfully pays C-11 t M WXZMACHER, McLENDON 6 MURRELL, P.C. / H2M CORP. CONSULTING ENOINWO AND ENVIRONMo+rA4 SCIENriM CONTRACT - CONT'D. after entering into such contract less than such stipulated minimum hourly wage scale shall be guilty of a misdemeanor and, upon conviction, shall be punished for a first offense by a fine of Five Hundred Dollars ($500.00) or by imprisonment for not more than thirty (30) days, or by both fine and imprisonment for a second offense by a fine of One Thousand Dollars ($1,000.00) and, in addition thereto, the Contract on which the violation has occurred shall be forfeited ; and no such person or corporation shall be entitled to receive any sum or nor shall any officer, •� agent or employee of the State pay the same or authorize its payment from the funds under his charge or control to any person or corporation for work done upon any contract , on which the Contractor has been convicted of second offense in violation of the provisions of this Section. The minimum wage rates established by the Industrial Com- missioner, State of New York, for this Contract , are as set forth in the Information for Bidders. Section 1918 of the Penal Law, as amended, provides that no person shall discharge explosives in the ground, nor shall any person other than a state or county employee regularly engaged in the maintenance and repair thereof excavate in any then existing street , highway, or public place, unless notice thereof in writing shall have been given at least seventy-two hours in advance to the person, corporation or municipality engaged in the distribution of gas in such territory. The person having direction or control of such work shall give such notice and further, he shall ascertain whether there is within one hundred feet of such street, highway or public place, or in the case of a proposed discharge of explosives within a radius of two hundred feet of such discharge, any pipe of any person, corporation or municipality conveying combustible gas, and if any emergency involving danger to life, health or property, it shall be lawful to excavate without using explosives if the notices prescribed herein are given as soon as reasonably possible, and to disharge explosives to protect a person or persons from an immediate and substantial danger of death or serious personal in- jury if such notices are given before any such discharge is under- taken. Any such work shall be performed in such manner as to avoid damage to pipe conveying combustible gas. Any violation of the provisions of this Section shall be a misdemeanor. e C-12 HOIZMACHER, MCLENDON &MURREU., P.C. / H2M CORP. CONSULTING E NGINEMS AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT"D. 13. QUALIFICATTONS FOR EMI)LOYMENT No person under the age of sixteen ( 16) years , and no person currently serving sentence in a penal. or correctional institution shall be employed to perform any work on the project under this Contract . No person whose age or physical condition is such as to make his employment dangerous to his health or safety , or the health and safety of others, shall be employed to perform any work on this project ; provided, however, that such restriction shall not operate against the employment of physically handi- capped persons, otherwise employable, where each person may be safely assigned to work which they can ably perform. 14 . NON-DISCRIMINATION There shall be no discrimination because of race, creed or color in the employment of persons for work under this Contract , whether performed by the Contractor or any subcontractor. Neither shall the Contractor or any subcontractor discriminate in any manner against or intimidate any employee hired for the perform- ance of work under this Contract on account of race, creed or color. There may be deducted from the amount payable to the Con- tractor by the Town under this Contract a penalty of Five Dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of this paragraph; provided that for a second or any subsequent violation of the terms of this paragraph, this Con- tract may be canceled or terminated by the Town and all monies due or to become due hereunder may be forfeited. 15. PAYMENT OF EMPLOYEES The Contractor and each of his subcontractors shall pay each of his employees engaged in work on this project under this Contract in full (less deductions made mandatory by law) in cash and not less often than once each week. C-13 HOLZMACHER. MtLENDON 6 MURRELL, P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT'1). 16. ESTIMATES AND PAYMENTS (a) Monthly : At the end of each calendar month during the progress of the work, the Engineer shall make up an approximate estimate of the work done and the materials furnished, based upon the prices set forth in the Proposal . In consideration of the work done and the materials furnished, the Town will pay or cause to be paid to the Contractor the amount estimated by the Engineer as due him less a sum equal to five percent (5`,t) of such amount and less such additional amount as may be nec=essary to satisfy any claims , liens or judgments against the Contractor which have not been suitably discharged. The making of any such estimate or payment made thereon shall not be taken or construed as an acceptance by the Engineer of the Town of any work so estimated and paid for. The amount of the monthly estimate remaining un- paid will be retained by the Town as a guarantee that the Con- tractor will faithfully and completely .fulfill all, obligations imposed by the. Contract and Specifications , and against any damages incurred by the Town by reason of any ' fai.lure on the part of the Contractor to fulfill all. conditions and obligations herein con- tained. All partial, payments are subject to correction in any sub- sequent payment . The retained amounts shall be paid as set forth in 16b. (b) Final Certificate: Thirty (30) days after the Contractor shall have substantially completed the work required of it under the Contract the Engineer will prepare a final certificate of the re- maining amount of the Contract balance less a sum equal to two (2) times the value of any remaining items to be completed and less an amount necessary to satisfy any claims , liens or judgments against the items of work are satisfactorily completed or corrected, the Town shall promptly pay, upon receipt of a requisition for these items less an amount necessary to satisfy any claims, liens or judgments against the Contractor which have not been suitably discharged. Any claims, liens and judgments referred to in this section shall pertain to the project and shall be filed in accordance with the terms of the applicable Contract and/or applicable laws . (c) In order to secure the performance of the convenant of the Contractor, prior to release of the Performance Bond, the Contractor shall deliver to the Town a Maintenance Bond equal to one hundred percent (100%) of the total Contract price, including all extras . This Maintenance Bond shall remain in full force and effect for a period of one (1) year after the date of the final certificate and such bond, which shall be executed by the Contractor and issued by a reliable, solvent surety company authorized to do business in the State of New York shall guarantee to the Town that the Contractor shall promptly remedy any defects or faults that may occur within twelve (12) months after completion and acceptance of the work per- formed by the Contractor pursuant to this Contract . C-14 HOLZMACHER, MCLENOON & MURR" P.C. / H2M CORP. l COMUMNO ENOINURS AND ENVIRONMENTAL M NTIS" CONTRACT - CONT'D. (d) Measurements for Payment : The Engineer shall make due measurement of the 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 or, this agreement , and shall be taken as the full measure of compensation to be received by the Contractor. When regiiesLed 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 be proved, be paid for by the Contractor. 17. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE The acceptance by the Contractor of the final payment shall be , and shall operate as a release to the Town from all claims and all liabilities to the Contractor .for all things done or furnished in connection with this work and for every act and neglect of the Town and other relating to, or arising out of , this work, excepting the Contractor 's claims for interest upon the final payment , if this payments 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. 18. CONSTRUCTION REPORTS The Contractor shall submit to the Engineer prior to the commencing of any work under this Contract a detailed schedule and plan of operation, indicating the manner in which the Contractor proposes to prosecute the work, and a time schedule therefore. 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 . r The Contractor shall furnish the Engineer with periodic esti- mates 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 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 other than the Town as may be required by such existing laws or regulations . C-15 HOLZMACHER, McLENDON & MURRELL. P.C. / H2M CORP. CONOULTINO ENGINEtAS AND CMVIRONMCNTAL 8CILNTIM CONTRACT - CONT' D. 1.9. INSPECTION AND TESTS All material and workmanship shall be subject to inspection, examination and test by the Engineer and other representatives of the Town at any time during the construction and at any and all. places where manufacturing of materials used and/or construct- tion is carried on . Without additional charge, the Contractor shall furnish promptly all reasonable facilities , labor and materials neces- sary to make tests .so required safe and convenient . If, at any time, before final acceptance of the entire work, the Engineer considers necessary or advisable an examin- ation of any portion of the work already completed, by removing or tearing out the same, the Contractor shall , upon request , furnish promptly al.l necessary facilities , labor and materials for such examination . If such work is found to be defective in any material respect , due to the fault of the Contractor or any subcontractor, or if any work shall be covered over without the approval. or consent of the Engineer, whether or not the same shall be defective , the Contractor shall be liab.le for the expenses of or such examination and of satisfactory reconstruction. If, however, such approval and consent shall have been given , and such work is found to meet the requirements of this Contract , the Contractor shall be recompensed for the expense of such examin- ation and reconstruction in the manner herein provided for the payment of costs of extra work. The selection of laboratories and/or agencies for the in- spection and tests of supplies, materials or equipment shall be subject to the approval of the Engineer. Satisfactory documen- tary evidence that the material has passed the required inspec- tion and test must be furnished the Engineer prior to the incor- poration of the material in the work. Any rejected work shall be removed from the site of the project completely at the expense of the Contractor. C-16 a.,t HOLZMACHER, MCLENWN b MURR" P.C. J H2M CORP. CONSULTING ENOINMS AND ENVIRONMENTAL SCIENTIS CONTRACT - CONT'D. 20. 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 on the Plans shall have the .same effect as if shown or mentioned respectively in both. In case of any conflict or inconsistency between the Plans and Specifications , the Plans shall govern, Any discrepancy between the figures and specifications shall be submitted to the Engineer, whose decision therein shall be conclusive . ` 21 . SUBSURFACE CONDITIONS FOUND DIFFERENT Should the Contractor encounter subsurface conditions at the site materially differing from those shown on the Plans or indi- cated 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 , 22. CONTRACTOR'S TITLE TO MATERIALS No material or supplies for the work shall be purchased by the Contractor or by 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, 23. SUPERINTENDENCE BY CONTRACTOR At the site of the work the Contractor shall employ a Con- struction Superintendent or foreman who shall have full authority to act for the Contractor. It is understood that such represen- tative 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. C-17 4. HWMACHER, MCLENDON 6 MURRELL. P.C. J H2M CORP. CONSULTINO ENQINEERA ANO ENVIRONMENTAL SCIENTISTS CONTRACT - CONT1 D. 24 . PROTECTION 01' WORK, PERSONS AND PROPER'T'Y Precaution shall be exercised at all times for the proper protection of all persons , property and work. The safety pro- visions 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 t:lie Town or its Engineer to adequately safeguard the traveling public . 'rile Contractor shall give notice to the owners of all utilities which may serve the area and request their assistance in pre- determining the location and depth of the various pipes , conducts , manholes and other• underground facilities . 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 Town 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 Town might be liable. The Contractor shall be liable for all injury or damage caused by his act or neglect , or that of his employees . 25. PATENT RIGHTS As part of his obligation hereunder and without any ad- ditional compensation, the Contractor will pay for any patent fees or royalties required in respect to the work or any part thereof and will fully indemnify the Town for any loss on account of any infringement of any patent rights , unless prior to his use in the work of a particular process or a product of a particular manufacturer, he notifies the Town in writing that such process or product is an infringement of a patent. C-18 HOLZMACHER, McLENDON& MURRELL. P.C. / H2M CORP. CONSULTINO ENGINEEAS AND ENVIRONMENTAL 8CIENTISTB CONTRACT - CONT'D. 26. REPRESENTATIONS OF CONTRACTOR The Contractor represents and warrants : (a) That he is financially solvent and that he is experienced in and competent to perfrom the type of work involved under this Contract and able to furnish the plant materials , supplies and/or equipment to be furnished for the work; and (b) that lie is familiar with all Federal , State and Municipal Laws , ordinances and regulations which may in any way affect the work of those employed hereunder, including; but not limited to any special acts relating to the work; and (c) that such work required by these Contract Documents as is to be done by him can be satisfactorily constructed and used for the purpose for which it is intended and that such construc- tion will not injure any person or damage any property ; and (d) that he has carefully examined the Plans , Specifications , and the site of the work, and that from his own investigation lie • has satisfied himself as to the nature and location of the work, the character, location, quality and quantity of surface and sub- surface materials , structures and utilities likely to be encountered, the character of equipment, and other facilities needed for the performance of the work, the general local conditions which may in any way affect the work or its performance. 27. AUTHORITY OF THE ENGINEER In the performance of the work, the Contractor shall abide by all orders and directions and requirements of the Engineer and shall perform all work to the satisfaction of the Engineer, at such time and places , by such methods , and in such manner and sequence as he . may require. The Engineer shall determine the amount, quality, acceptability and fitness of all parts of the work, shall interpret the plans , specifications , contract documents and any extra work orders and shall decide all other questions in connection with the work. Upon request , the Engineer shall confirm in writing any oral orders, directions , requirements or determinations . The enumera tioi herein or elsewhere in the contract documents of particular instances in which the opinion, judgment , discretion or determination of the Engineer shall control, or in which work shall be performed to his satisfaction or subject to his approval , or inspection, shall not imply that only matters similar to those enumerated shall be so governed and so performed, but without exception all the work shall be governed and so performed. C-19 V HOIZWCHER, McLENOON 6 MURRELL. P.C. / H2M CORP. CONSULTING ENGINEER& AND ENVOMONMOOTAL BCIENTIM CONTRACT - CONT'D. 28. SURVEYS The Engineer will furnish to the Contractor all layouts , measurements and lines and grades necessary for the execution of the work. When and as requested, the Contractor will fur- nish the necessary stakes and spikes for laying out such lines and grades and the unskilled labor necessary to place same. 29. CHANGES AND ALTERATIONS The Town reserves the right to make alterations in the location, line, grade, plans , form or dimensions of the work, or any part thereof , either before or after the commencement of the 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 . 30. CORRECTION OF WORK All work and all materials , whether incorporated into the work or not, all processes of manufacture and all methods of con- struction shall be, at all times and places , subject to the in- spection of the Engineer who shall be the final judge of quality, materials , processes of manufacture and methods of construction suitable for the purpose for which they are used. Should they fail to meet his approval they shall be forthwith reconstructed, made good and replaced and/or corrected as the case may be, by the Contractor at his own expense. Rejected materials shall im- mediately be removed from the site. If, in the opinion of the Engineer, it is not desirable to replace any defective or damaged materials or to reconstruct or correct any portion of the work injured or not performed in accordance with the Contract Documents , the compensation to be paid to the Contractor hereunder shall be reduced by such amount as , in the 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 , settlements, or shrinkages which may appear within one year following the date of the final cerci- , ficate. Neither the acceptance of the completed work nor C-20 HOLZMACHER, MCLENDON 6 MURRELL. P.C. / HZM CORP. CONSULTINO ENOINUU AND ENVIRONMOATAL SCIENT M CONTRACT - CONT'D. payment therefor shall operate to release the Contractor or his sureties from any obligations under or upon this Contract or the Performance Bond. 31. WEATHER CONDITIONS In the event of temporary suspension of the 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 materials shall have been damaged or injured by reason of the 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. 32. THE TOWN'S RIGHT TO WITHHOLD PAYMENTS . The Town may withhold from the Contractor so much of any approved payments due him as may , in the judgment of the Town, be necessary: (a) To assure the payment of just claims then due and unpaid of any persons supplying labor or materials for the work; (b) To protect the Town from loss due to defec- tive work not remedied, or (c) To protect the Town from loss due to injury to persons or damage to the work or property of other contractors or subcontractors or others , caused by tte act or neglect of the Contractor or any of his subcontractors . The Town shall have the right , as agent for the Contractor, to apply any such amounts so withheld in such manner as the Town may deem proper to satisfy such claims or to secure such protection. Such application of such money shall be deemed payments for the account of the Contractor. C-21 M HOLZMACHER, MCLENOON&MURRELL. P.C. / H2M CORP. CONSULTING ENGINEEAR ANO ENVIRONMENTAL SCIENTIM J CONTRACT - CONT'D. 33. THE TOWN 'S RT(;IIT TO STOP WORK OR TERMINATE CONTRACT: IF, (a) The Contractor shall be adjudged bankrupt or make an assignment for the benefit of creditors , or (b) A receiver or liquidator shall be appointed for the Contractor for any of his property and shall not be dismissed within 20 days after such appointment , or the proceedings in connection therewith shall not be stayed on appeal within the said 20 days , or (c) The Contractor shall refuse or fail , after notice or warning from the Engineer, to supply enough properly skilled workmen or proper materials, or (d) The Contractor shall refuse or fail to prosecute the work or any part thereof with such diligence as will insure its completion within the period herein specified (or any duly authorized extension thereof) or shall fail to complete the work within said period, or (e) The Contractor shall fail to make prompt payment to persons supplying labor or materials for the work, or ( f) The Contractor shall. fail or refuse to regard laws , ordinances , or the instructions of the Engineer or otherwise be guilty of a substantial violation of any provision of this Contract , then, and in any such event , the Town , without prejudice to any other rights or remedy it may have , may by seven (7) days notice to the Contractor, terminate the employ- ment of the Contractor and his rights to proceed either as to the entire work or (at the option of the Town) as to any portion thereof as to which delay shall have occurred, and may take possession of the work and complete the work by contract or otherwise , as the Town may deem expedient . In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the compensation to be paid the Contractor hereunder shall exceed the expense of so completing the work ( including compensation for additional managerial , administrative and inspection services and any damages for delay) , such excess shall be paid to the Contractor. C-22 HOLtMACHER, McLENDON &MURRELL. P.C. I HZM CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL WENTIM r" CONTRACT - CONV D, If such expense shall exceed the unpaid balance, the Contractor and his sureties shall be liable to the Town for such excess . If the right of the Contractor to proceed with the work is so terminated, the Town may take possession of and utilize in completing the work such materials , appliances , supplies , plant and equipment: as may be on the site of the work and necessary thereof. If the Town does not so terminate the right of the Contractor to proceed, the Contractor shall continue the work. 1 34 . CONTRACTOR' S RIGHT TO STOP WORK OR TERMINATE CONTRACT If the work shall be stopped by order o ' the Court or any other public authority, for a period of three months without act or fault of the Contractor or of any of his agents , servants , em- ployees or subcontractors , the Contractor , may, upon ten (10) days notice to the Town, discontinue his performance of the work and/or terminate the Contract , in which event, the liability of the Town to the Contractor shall be determined as provided in the paragraphs immediately preceding, except that the Contractor shall not be obligated to pay to the Town any excess of the expense of completing the work over the unpaid balance of the compensation to be paid to the Contractor hereunder. 35. RESPONSIBILITY OF WORK The Contractor agrees to be responsible for the entire work embraced in this Contract until its completion and :final acceptance, and that any unfaithful or imperfect work that may become damaged from any cause, either by act of commission or omission to properly guard and protect the work that may be dis- covered at any time before. the completion and acceptance shall be removed and replaced by good and satisfactory work without any charge to the Town and that such removal and replacement -' will be performed immediately on the requirement of the Engineer, notwithstanding the fact that it may have been overlooked by the proper inspector, and partial payment made thereon. It is fully understood by the Contractor that the inspection of the work shall not relieve him of any obligation to do sound and reliable work as herein prescribed, and that any omission to disapprove of any work by the Engineer at or before the time of a partial payment ,or other estimate shall not be construed to be an acceptance of any defective work, s ,� C-23 HOLZMACHER, MCLBNDON & MURRELL, P.C. / H2M CORP. CONSULTINO ENOINEERS AND ENVIRONMENTAL BCIENTIM CONTRACT - CONT'D. 36. USES OF PREMISES AND REMOVAL OF DEBRIS The Contractor expressly undertakes at his own expense: (a) to take every precaution against injury to persons or damages to property ; (b) to store his apparatus , materials , supplies and equip- ment in such orderly fashion at the site of the work as will r not unduly interfere with the progress of his work or the work of any of his subcontractors ; or other contractors ; (c) to place upon any of the completed work only such super- imposed loads as are consistent with the safety of that portion of the work; (d) 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 and orderly and workmanlike appearance ; (e) before final certificate, to remove all surplus material, temporary structures , plants of any description and debris of any and every nature resulting from his operations and to put the site in a neat and orderly condition. 37. POWER OF THE CONTRACTOR TO ACT IN AN EMERGENCY In case of an emergency which threatens loss or injury to property and/or safety to life, the Contractor will be permitted to act as he sees fit without previous instructions from the En- gineer. Ile shall notify the Engineer thereof immediately there- after and any compensation claimed by the Contractor due to extra work made necessary because of his acts in such emergency shall be submitted to the Engineer for approval. t 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 in- structed 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. r HMWCHER, Mct.EN00N 6 MURREI.L„ P.C. I H2M CORP. CONSULTING ENQINURS AND ENVIMONMENTAI SCIENTIM CONTRACT - CONT'D. 38. SUITS AT LAW The Contractor shall indemnify and save Harmless the Town from and against all suits , claims , demands or actions for any injury sustained or alleged to be sustained by any party or parties in connection with the construction of the wox•k or any part thereof, or any commission or omission of the Contractor, his employees or agents or any subcontractors and in case any such action shall be brought against the Town, the Contractor shall immediately take care of and defend the same at his own cost and expense. 39. PROVISIONS REQUIRED BY LAW DEEMED INSER`1'ED Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein, and, if through mistake or otherwise, any such provision is not inserted or is not correctly inserted , then upon the application of either party, the Contract shall forthwith be physically amended to make such insertion, 40. SUBLETTING, SUCCESSOR AND ASSIGNS The Contractor shall not sublet any part of the work under this Contract, nor assign any money due him hereunder without first obtain- ing the written consent of the Town. This Contract shall endure to the benefit of and shall be binding upon the parties hereunder and upon their respective successors and assigns, but neither party shall assign or transfer his interest herein in whole or in part without consent of the other. 1 41. WAIVER OF IMMUNITY If any person, corporation, or body contracting with the Town, who when called before a grand jury, head of a city department , or other agency, which is empowered to compel the attendance of wit- ness and examine them under oath, to testify in an investigation concerning any transaction or contract had with the state, any polit- ical subdivision thereof, a public authority or with any public department , agency or official of the state or of any political sub- division thereof or of a public authority, refuses to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant question concerning such transaction or contract , then C-25 HOLZMACHER, MCLENDON d MURRELL, P.C. / H2M CORP. CONSULTING ENOINEERs AND ENVIRONMCNTAL OCIENTISU CONTRACT - CONT'1). (a) such person, and any firm, partnership or corporation of which he is a member, partner, director or officer shall be disqual- ified from thereafter selling to or submitting bids to or receiving awards from or entering into any contracts with any municipal corp- oration or fire district , or any public departaieent , agency or official thereof, for goods , work or services , for a period of five years after such refusal (b) any and all contracts made with the Town or any agency or official thereof, by such person, and by any firm, partnership, or corporation of which he is a member, partner, director or officer may be cancelled or terminated by the Town without incurring;• any penalty or damages on account of such cancellation or termination, but any monies owing by the municipal corporation for goods delivered or work done prior to the cancellation or termination shall be paid, I f C-26 HOLZMACHER, McLENDON 6 MURRELL. P.C. / H2M CORP. r CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT' D. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. TOWN OF SOUTHOLD BY: (TOWN SEAL) William R. Pell III , Supervisor _ (SEAL) Contractor BY: TITLE : STATE OF NEW YORK ) ) ss: COUNTY OF SUFFOLK ) On the day of_ , 19__, before me personally came William R. Pell III , to me known, who being by me duly sworn, did F depose and say that he is the duly elected Supervisor of the Town of Southold, County of Suffolk, New York , and that at a meeting of the Town Board of the Town of Southold, duly held on the day of , 19 , the said Board, authorized the said Super- visor to execute all and any contracts on behalf of the Board; that he knows the seal of the said Town, that the Seal affixed to the foregoing r instrument is its corporate seal ; that it was affixed thereto by order of the said Board , and that he signed his name thereto and executed the said instrument on behalf of the said Town by like order and authority . NOTARY PUBLIC ! C-27 HOLZMACHER. MCLENDON 6 MURRELL. P.C. i H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT'D. ACKNOWLEDGMENT OF CONTRACTOR, IF A CORPORATION STATE OF NEW YORK) ) SS: COUNTY OF ) On this day of 19 before me personally came and appeared to me • known, who by me being duly sworn, did depose and say that tie s resides at that he is the of , the Corporation described in and which executed the foregoing in- strument , that lie knows the seal of said corporation, that one of the seals affixed to said instrument is such seal , that it was so affixed by order of the Directors of said corporation, and that he signed his name thereto by like order. x NOTARY PUBLIC ACKNOWLEDGMENT OF CONTRACTOR, IF A PARTNERSHIP STATE OF NEW YORK) SS: COUNTY OF ) On this day of 19 before me r personally came and appeared to me known, and known to me to be one of the members of the firm of , described in and who executed the foregoing instrument , and he acknowledged to me that he ex- ecuted the same as and for the act and deed of said form. ti NOTARY PUBLIC C-28 w HOLZMACHER, Mc4ENDON& MURRELL,P.C.I H2M CORK CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS GENERAL SPECIFICATIONS THE ITEMS HEREIN REFERRED TO ARE THE ITEMS OF THE F SUFFOLK COUNTY DEPARTMENT OF PUBLIC WORKS SPECIFICA— TIONS ADOPTED NOVEMBER 1, 1968 AS AMENDED. THESE SPECIFICATIONS SHALL BE INCORPORATED BY REFERENCE AND SHALL APPLY AS IF DETAILED IN FULL, UNLESS HEREIN MODIFIED. 7 t • t Y G5-1 i HOLZMACHER, McLENDON& MURRELL, P.C.I H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS s GENERAL SPECIFICATIONS (CONT'D. ) GENERAL REQUIREMENTS The successful bidder shall 'furnish, deliver and apply on the project asphaltic concrete of an approved quality which shall meet the requirements shown under its respective item for the kind of material furnished. For any contract, the material furnished shall show uniform test. QUANTITIES OF BITUMINOUS MATERIALS i The Contractor must furnish to the Engineer a certified copy of the weights of the asphaltic concrete material delivered. CONSTRUCTION The successful bidder shall apply the asphalt concrete on the pro- ject in accordance with the materials and construction details for the respective item in the Suffolk County Department of Public Works Speci- fications, except as may be modified in the Technical Specifications of this Contract. MEASUREMENT AND PAYMENT The price bid shall be full compensation for furnishing, hauling, applying and rolling, and shall also include materials, labor, equip- ment and incidentals necessary to complete the work satisfactorily. M F GS-2 HOLZMACHER, McLENDON& MURRELL,P.C.I H2M CORP. t CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS TECHNICAL SPECIFICATIONS 1 . 0 SCOPE Under this Contract the Contractor shall furnish and place base course asphalt concrete on New Suffolk Avenue and certain intersecting side streets, generally between Camp Mineola Road and Meadow Lane, as directed by and to the approval of the Engineer . 2 . 0 MATERIALS The base course asphalt concrete shall be as specified under Item x 45SP, "BASE COURSE ASPHALT CONCRETE TYPE 1A, " in the Suffolk County Department of Public Works Specifications of November 1, 1968 as amended. 3. 0 CONSTRUCTION DETAIL Under this Contract the Contractor shall furnish and place bitumi- nous concrete Type lA in order to construct an asphalt concrete base course having a material thickness of 3 inches after compaction. A typical roadway section is included on Page TS-2 of this Specification. v 4 .0 METHOD OF CONSTRUCTION The method of construction shall be in accordance with the Suffolk County Department of Public Works. Specifications of 1968 as amended , "MATERIALS AND CONSTRUCTION DETAILS FOR ITEM 45SP, BASE COURSE ASPHALT TYPE 1A. It shall conform to all applicable requirements described under "BITUMINOUS PAVING CONSTRUCTION, PART II , SECTION 8" of the Suf- folk County Department of Public Works Specifications of 1968 , as amended. The bituminous concrete base course shall be constructed when and as directed by and to the approval of the Engineer; the construction of the bituminous concrete base course shall be coordinated with work being done by others at the project site. 5. 0 METHOD OF MEASUREMENT The quantity to be paid for under this Contract shall be the number of tons of material placed and compacted in accordance with this Speci- fication, and as ordered by and to the approval of the Engineer. y 1 TS-1 or ''- �i w 'y iw a '. • r yb • H t�J f7 x Z n I r ro n H H O e � T`72or^¢tiCa� carav¢ O o � CH!] �- i i N A ` � C �fii�ir�ous �a�eria/ �I " li���d MC llel-77 a,7&-S�6yoth¢r /" oo cOu1.5e as as9hc,,,11 rlel7�,5iF rby others,) /%Z a��c/er course os,���iv/ Cor�cre�� /,4-Ife�5/F Eby othC.-s) r ;3" 8as� course as f»/�co�c��e l,4- I>`e� 455 rthis contract) _ 6 obi e sa/a e a e su baste- err/4 of Q�s '� 99' 9' y 3"�s�ho/>`ic coacret�' for shvu/o'ors - Ifr� .5/f' �6y o thc.-s) TYPICAL ROADWAY SECTION HOLZMACHER, McLENDON& MURRELL,P.C.I H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS TECHNICAL SPECIFICATIONS (CONT'D ) 6. 0 BASIS OF PAYMENT The unit price bid per ton for this item shall include the cost of furnishing all labor, materials and equipment necessary to complete the work, including bitumen, mixing, transport, placing and rolling. R 41 Y w r t t. 3� Y TS-3 x; y 6 Holzmacher, McLendon and Murrell, P.C./H2M Corp. Consulting Engineers. Planners and Environmental scientists JL Melville,N.Y. Farmingdale,N.Y. Riverhead,N.Y. Newton,N.J. 4 ..��7yyiyy 0 JUL 21 1982 Town Clerk Uutholr Wausau Insurance Companies 1633 Broadway • New York, New York 10019 • (212)489-7500 Town And/Or Town Board July 16, 1982 Town of Southold And/Or Holzmacher, McLendon and Murrell,P.C. IMPORTANT NOTICE Town Hall CANCELATION Main Road Southold, New York 11971 Re: 0522 04 095351 This is formal notice that the cancelation notice dated 5 21 82 is amended by changing the effective date of the cancelation from 5 3 82 @ 12:01 A.M.' to 8 22 82 @ 12:01 A.M. This cancelation is without prejudice to any claim originating prior to the effective cancelation date and hour stated above. L(rAry ignature o,f''-A,u-t-hori—ze(��yt'e &senCqkive. C.C. Lyon & Reboli EMPLOYERS INSURANCE OF WAUSAU A Mutual Company • National Headquarters:Wausau,Wisconsin Town Hall, 53095 Main Road ` P.O. Box 728 Southold, New York 11971 JUDITII T.TERRY TELEPHONE TOWN CLERK: -,..,,;'': (516)765-1801 REGISTRAR of VITAL S I A I ISIICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 14 , 1982 Donald A. Sioss, P. E. Holzmacher, McLendon & Murrell, P.C. 125 Baylis Road Melville, New York 11747 Dear Don: I am enclosing herewith copy of a letter received from Lyon & Reboli, Inc. relative to the surface paving of New Suffolk Avenue-SORT 81-06 A & B. What is the status of the project and the implications involved as a result of this letter? Very truly yours, Judith T. Terry Southold Town Clerk Enclosure _ M RICENED ESTABLISHED 1954 MAY 141982 Town Clerk Soutbold GENERAL CONTRACTORS 56 COMSEWOGUE ROAD EAST SETAUKET, N.Y. 11733 GEORGE W.LYON,PRESIDENT MAIN OFFICE WILLIAM J.LYON,EXEC.VICE PRESIDENT TELEPHONE: PHILIP J.COWARD,VICE PRESIDENT (516)473.0200 PETER D.HOUGH,SEC.TREASURER (516)473-0600 May 11 1982 Town of Southold Town Hall Main Road Southold New York 11971 Re: Contract No. 81-06A & 81-06B Gentlemen Due to financial difficulties, we are no longer able to proceed with work on the above-referenced project. Our bonding company has elected to go to outside sources pursuant to their right and obligations under the perfor- mance bond provisions. We sincerely regret any inconvenience that this situation has caused or may cause. Thank you for your understanding in this matter. Very truly Yours LYON & REBOLI, INC. c am /►' 4e) Peter D. Hough Secretary-Treasurer PDH:djh AN EQUAL OPPORTUNITY EMPLOYER" r L i i UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF NEW YORK -----------------------------------X Case No. 882-81154-18 1 In re LYON & REBOLI , INC. , AFFIDAVIT Debtor. (A.C.P. ) -----------------------------------X ! i DAVID S. COOK, being duly sworn, deposes and says: I1. I am an Attorney in the office of ROBERT ABRAMS, .j Attorney General of the State of New York, attorney for the New York State Department of Transportation. I make this faffidavit for the purpose of informing the Court of the Depart- ment' s position with respect to the motion by Fireman' s Insurance Company of Newark, New Jersey, which seeks to compel the Debtor to assume or reject certain executory contracts before a date ! to be specified by the Court. i i' 2. Among the executory contracts , which are the i subject of the instant )Order to Show Cause , are thirteen contracts entered into between the Debtor and the New York State Department i of Transportation prior to the commencement of this case (two I� contracts listed by Fireman' s Insurance Company, D 96601 and D 96551 are no longer executory; the work has been completed and accepted by the Department) . Said contracts obligated the Debtor ; to reconstruct and repair certain State Highways and sites (such i as commuter parking lots) . The present condition of the job i sites in question is set forth in the affidavit of Herbert Parks, Regional Construction Engineer, Region 10 , annexed hereto and f. of Albert Baumann, Regional Construction Engineer, Region 8; ! and Robert Purple, Regional Construction Engineer, Region 4 , i to be submitted as soon as circumstances warrant. These affidavits demonstrate the Debtor' s inability to perform these contracts and that the Debtor left the roads and sites involved I in such disrepair as to constitute a danger to public safety. ! Consequently, in the public interest of the People of the State I of New York, the Department of Transportation has terminated these contracts. Further, it already has been necessary for the Department to have other contractors perform immediate corrective work on five of the .thirteen contracts, in accordance with Highway Law §§ 38 and 40. The reasons for the Department' s determination to ! terminate are, inter alia: !I r . ( a) the Debtor' s inability to timely per- form, let alone perform at all. (For example, the ! Roslyn Viaduct is now constricted to one lane in each i � direction and the Briarcliff Manor Drainage Project I� was never started) ; i I' b) the existence of open excavations and • I other hazards to public safety at the job sites in question; -2- t - i c) the Debtor' s virtual abandonment of the job sites and its threat, prior to termination, to remove t barriers, lights and other protective devices in at least one instance (see Telegram of 5/11/82 , Exhibit "A" annexed hereto) . I, 3. These terminations are an exercise of the police power of the State, as expressed in Sections 38 and 40 of the ; New York Highway Law and Article 11 of the contracts (specimen ` copy attached as Exhibit "B" ) . i 4. Consequently, and pursuant to 11 U.S.C. 365 (4) i (c) (1) (A) & (B) , the State Department of Transportation is excused by applicable state law from accepting performance by the Debtor, and the State Department of Transportation does not consent to any assumption of the contracts by the Debtor. We therefore submit, under principles of sovereignty, comity I and federalism that the Debtor may not, under any circumstances , i! assume these contracts. They have already been terminated by State officials acting in the public interest. Any contrary holding would', with full respect, exceed this Court' s juris- diction and violate these principles. f AVI S. COOK " Sworn to before me this 26th day of- May, 1982 . Assistant Attorney General of the State of New York ilY:I Gof, At-by ► A1.11 ® "' "U:- / u�b-1 1 1 OU3A ED 014 A;sA 1 ( 4-005969S 131 )PD 05/1 1/82 0849 . E I h•+ /.30200 1 i);AT EAST Sk:TAUKET NY 52 051 1 0849A ;'EST P-ice NY :i"1'r�'1L UrEA1?"1't�EN'f OFTRAAISPORTATION ATTN JOH14 STERNBACK. AND ., t?l)Li:tii Si;'iON IAF'"1' i)LY rtiurll, DLR CA1'1,NUS 1 220 WASHINGTON AVE Al_r,Al.'y ivy 12232 } :lATHAT OUR' BONDINQ COt�(FANY":HAS RENEGGCD OrJ THEIR Pusi: bE ADVISED t. AS PE'R OUR I.-AELTING IN -ALBANY �UPJ '`'1fiAY 6TH 1932. ' WE HAVE NO WE WILL BE REMOVING OUR. OFFICE STOP CUN5'fRUCTION. AS t,E:LI_ A:i 'ftit)Sl: t=UR, STATE PERSONNEL WITHIN 48 HOURS I1Ol!jiI :1t:O!?E'1'ARY TREASURER" LYON A1JD REt3ULI INC , ::L 1 AJh"!_1' ;dY 11733 CQ, t,u ;aA i;J A ALI; I a� � � , ' 0.t ✓ , �t7 ��; 30X.• , ' • • � __..r._. �� � � �' l� � - . 4. 9� IPA C T N O . IJ9s2 -- , Form CONR, 14 1 l( 67) COC C> N COUNTY Queens & Nassau U IE STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION AGREEMENT CON R - !.w-2j (9%67) r STATE OF NEW YORK ` DEPARTMENT OF TRANSPORTATION AGREEMENT Contract No. D96992 With Federal Aid County Queens _ Nassau THIS AGREEMENT, entered into this ��12_4 day of �,g.w,at2y 19 A:� by THE PEOPLE OF THE STATE OF NEW YORK, hereinafter referred to as "STATE", acting by and through W• C. HENNESSY as Commissioner of Transportation , pursuant to the Highway Law, and I�D[DRICIGSOK BROS. INC. �X a corporation organized and existing under the laws of the State of NEW TORK f,7 a partnership, consisting of ❑ an individual conducting business as the location of whose principal office is hereinafter called the "CONTRACTOR". 63 N. Central Ave. Valley Strom, NY 11582 WITYESSETH: That the State and the Contractor, for the consideration here- inafter named agree as follows: ARTICLE 1. - WORK TO BE DONE. The Contractor shall (a) furnish all the materials, appliances, tools and labor of every kind required, and construct and com- plete in the most substantial and workmanlike manner, the construction, improvement or reconstruction of the project generally identified and shown on the plans entitled: FOR RECONSTRUCTING THE CROSS ISLAND PARKWAY: SH 82-2 (LINDEN BLVD. TO tXION TURNP=) A TO"T"AL coNTRACT OF 6.0 MILES, t 0.5 ig= 0! ACCESS IN THE COUNTIES Ot QUMS 9 HASSAU WHICH CMISTITUTES CONTRACT NO* D96992 b i CONR 144.3b(3/79) 3 JAN 4 2 1S8 in accordance with the "Standard Specifications" of rami^^ '^'O, of the New York State Department of Transportation, which contain the information for bidders; form of proposal, agreement, and bonds; general specifications and conditions or contract; materials of construc- tion; and payment Items; and (b) do everything required by the Contract (Contract Documents) as defined herein. ARTICLE 2. DOCUMENTS FORIWNG THE CONTRACT. The Contract (and Contract Documents) shall be deemed to include the advertisement for proposals; the contractor's proposal; the agreement; the "Standard Specifications" referred to above; the plans; any addenda and/or amendments to specifications if the same are issued prior to the date of receipt of proposal,and all provisions required by law to be inserted in the contract whether actually inserted or not. ARTICLE 3. EXAMINATION OF DOCUMENTS AND SITE. The Contractor agrees that before making his proposal he carefully examined the contract documents, together with the site of the proposed work, as well as its surround- ing territory, and is fully informed regarding all of the conditions affecting the work to be done and labor and materials to be furnished for the completion of this contract, including the existence of poles, wires, pipes and other facilities and structures of municipal and other public service corporations on, over or under the site, and that his information was secured by personal investigation and research and not from the esti- mates or records of the Department, and that he will make no claim against the State by , reason of estimates, tests or representations of any officer or agent of the State. ARTICLE 4. DATE OF COMPLETION. The Contractor further agrees that he will begin the work herein embraced within ten days of the effective date hereof, unless the consent of the State, in writing, is given to begin at a later date, and that he will prosecute the same so that it shall be entirely completed and performed on or before the lit .......day of August 1 82 _.......... 9 .......... No extension beyond the date of completion fixed by the terms of this contract shall be effective unless in writing signed by the State. Such extension shall be for such time and upon such terms and conditions as shall be fixed by the State, which may include a charge for engineering and inspection expenses actually incurred upon the work,including engineering and inspection expenses incurred upon the work by railroad companies on contracts for grade crossing elimination. Notice of application for such extension shall be filed with the Regional Director of the Region within which the highway under con- struction is located at least fifteen days prior to the date of completion fixed by the terms of this agreement. ARTICLE S. ALTERATIONS AND OMISSIONS. The said work shall be performed in accordance with the true intent and meaning of the contract documents without any further expense of any nature whaisoever to the State other than the consideration named in this agreement. The State reserves the right, at any time during the progress of the work, to alter the plans or omit any portion of the work as it may deem reasonably necessary for the public interest; making allowances for additions and deductions with compensation made in accordance with the Standard Specifications, for this work without constituting grounds for any claim by the contractor for allowance for damages or for loss of anticipated profits, or for any variations between the approximate quantities and the quantities of the work as done. ARTICLE 6. NO COLLUSION OR FRAUD. The Contractor hereby agrees that the only person or persons interested as principal or principals in the bid or proposal submitted by the Contractor for this cont=act are named therein, and that no person other than those mentioned therein has any interest CONR 141-4o(3179) - 4 in the above-mentione-d proposal or in securing of the award, and that this contract has been secured without any connection with any person or persons other than those na=ed, and that the proposal is in all respects fair and was prepared and the tort:act has secured without collusion or fraud and that neither any officer ror employee of the State Department of Transportation has or shall have a financial interest in the pe:iom---ance of the contract or in the supplies, work or business to which it relates, or in any portion of the profits thereof. (See also Section 139-a and 139-b of the State,Finance Law referred to in the Standard Specifications which are made a part of this contract.) ARTICLE 7. PAYMENT OF ESTIMATES. As the work progresses in accordance with the contract and in a manner that is satis- factory to the State, the State hereby agrees to make payments to the Contractor therefor, based upon the proposal attached hereto and made a part hereof, as follows: The State shall once in each month and on such days as it may fix, make an estimate of the quantity of Work done and of material which has actually been put in place in accordance with the terms and conditions of the contract, during the preceding month, and compute the value thereof and pay to the Contractor the moneys Sue as provided in subdivision of Section 38 of the Highway Law. No monthly estimate shall be rendered unless the value of the work done equals 5% of the contract amount or SI,000, whichever is the lesser. Se=i-monthly estimates may be rendered provided (a) the valueof the work performed in two successive weeks is mote than 550,000 or (b) the Commissioner of Transportation deems it to be for the best interests of the State to do so. ARTICLE 8. ►40 ESTIMATE ON CONTRACTOR'S NON-COMPLIANCE. It is further agreed that so long as any lawful or proper direction concerning the work or material given by the Commissioner of Transportation, or his representative, shall re- main uncomplied with, the Contractor shall not be entitled to have any estimate made for the purpose of payment, nor shall any estimate be rendered on account of work done or material furnished until such lawful or proper direction aforesaid has been fully and satis- factorily complied with. ARTICLE 9. FINAL ACCEPTANCE OF WORK. When, in the opinion of the Regional Director, a Contractor has fully performed the work under the contract, the Regional Director shall recommend to the Commissioner of Transportation the acceptance of the work so completed. If the Commissioner accepts the recommendation of the Regional Director,he shall thereupon by Iette: notify the Contractor of such acceptance,and copies of such acceptance shall be sent to.other interested parties. ARTICLE 10. FINAL P AYMENT. After the final acceptance of the work, the Engineer shall prepare a final agreement of the work performed and the material placed,and shall compute the value of such work and:materials under and according to the terms of the contract This agreement shall be certified, as to its correctness, by the Engineer. The right, however, is hereby reserved to the Commissioner to reject the whole or any portion of the final agreement,should the said certificate of the Engineer be found or known to be inconsistent with the terms of the agreement or otherwise improperly given. All certificates upon which partial payments may have been made being merely estimates, shall be subject to correction in the final certificate or final agreement. ARTICLE IL RIGHT TO SUSPEND WORK AND CANCEL CONTRACT. It is further mutually agreed that if at any time during the prosecution of the work e Commissioner of Transportation shall determine that the work upon the contract is not being performed according to the contract or fot the best interest of the State, the execution of Che work by the Contractor maybe temporarily suspended by the Commissioner of T:anspor- tation,who may then proceed with the work under his own direction is such manner as will C--NR 144•5a ttt;73) accord with the contract specifications and be for the best interest_ of the State: or he may terminate the Contractor's employment under the contract while it is in progress. and there- upon proceed with the work. in affirmance of the contract. by contract ne;otiatrd or pub- licly let, by the use of his own forces. by calling upon the surety to complete the work in accordance with the plans and specifications or by a combination of any s ich methods-, or he may cancel the contract and either readvertise and re!et as pro�-ided in section 3b of the Highway Law, or complete the work under his own direction in such manner as will accord with the contract specifications and be for the interests of the State: any excess in the cost of completing the contract beyond the price for which it was originally awarded shall be charged to and paid by the contractor failing to per"orm the work or his surety; all in pursuance of the provisions of Section 40 of the High«-ay Law. Whenever the State determines to suspend or stop work under the contract, a written notice sent by mail to the Contractor at his address and to the sureties at their respective addresses, shall be sufficient notice of its action in the premises. ARTICLE 12. DETER-MINATION AS TO VARUN CES. In case of any ambiguity in the plans, specifications or maps, or between any of thern. , the matter must be immediately submitted to the Commissioner, who shall adjust the same, and his decision in relation thereto shall be final and conclusive upon the parties. ARTICLE 13. REMOVAL OF REJECTED WORK AND IL-kTERIAL The Contractor agrees that all work or material which may be rejected by the State . or its representative shall be at once removed from the site of the work by the Contractor at his own expense, and replaced by work or material satisfactory to the State. ARTICLE 14. SUCCESSORS AND ASSIGNS. This agreement shall bind the successors, assigns and representatives of the parties hereto. P ARTICLE 15. INTERNATIONAL BOYCOTT CLAUSE "In accordance with Chapter 406 of the Laws of 1981, the Contractor hereby promises, asserts and represents that neither the Contractor nor any substantially owned or affiliated person, firm, partnership or corporation has participated, is participating or shall participate in an international boycott in violation of the provisions of the United States Export Administration Act of 1969, as amended, or the United States Export AdministZation Act of 1979, or the effective Regulations of the United States Department of Commerce promulgated under either Act. "It is understood further that the State in awarding a contract does so in material reliance upon the promise and representation made by the Contractor in the foregoing paragraph and that such contract shall be rendered forfeit and void by the State Comptroller if subsequent to the bid execution date, the Contractor or such owned or affiliated person; firm, partnership or• corporation has been convicted of a violation of the aforesaid Acts or Regulations or has been found upon final determination of the United States Commerce Department or any other appropriate agency of the United States to have violated such Acts or Regulations. "The Contractor agrees to and shall notify the Commissioner of Transportation and the Director of the Bureau of Contracts and State Expenditures in the Department of Audit and Control of any such con- �": victioa or final determination of violation within five (5) days thereof." r GoNR '44-63 :7177; _ fl IN WITNESS WHEREOF. This agreement has been executed b;: the State. actir:g by and through the Commissioner of Transportation.and the Contractor or his appointed representative. who has executed this agreement on the day and year First written above. JAN -5) Recommended by rector.Contracts Bureau e Commi er of Transportation to �4P Yom oar ' 129j2 - • FES �� • C'`�'' Attorney General's Approv 0,0 S. -.- ��t �e2• HODRIWON BROS. INC. Appro ed �O H �.t� �'�f resident For State Comptroller P EXECUT E VICE PRESIDENT THIS CONTRACT IS NOT TO BE EXECUTED Olk BECOME EFFECTIVE UNTIL IT SHALL FIRST BE APPROVED BY THE STATE COMPTROLLER AND FILED IN HIS OFFI'C'E Section 112,State Finance Law. CONR 144-73(7/77) ( 7 (Acknowledgment by individual contractor) STATE OF NEW YORK COUNTY oF...................... ---------On this.,­­­­--day of_.._...___...__.._..--...-----------19_.._., before me personally came..._._....-..-...-------------- _----------...------_..._..._...... me known and known to me to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same. Notary Public .... - Cowty (Acknowledgment by co-partnership contractor) STATE OF NEW YORK COUNTY OF. Onthis______-.---------day of..... ..........----. .------------19......., before me personally came,and appeared.._...»- ..............._......_._..._............. -.---_-...---- . to me known and known to me to be the person who executed the above instrument. who, being duly sworn by me, did for himself depose and say that he is a member of the firm of_._._•........r... ..._. ......._._._....__....... consisting of himself and._...._...._.. ._ ................. -.--. and that he executed the foregoing instrument in the firm name of_.___.._._.........._.... and that he had authority to sign same, and he did duly acknowledge to me that he executed the same as the act and deed of said firm for the uses and purposes mentioned therein. . Notary Public (Acknowledgment by contractor, if a corporation) STATE OF NEW YORK ss.. COUNTY OF NASSAU! On this_ Fday of. 0ybefore me personally enmej- S PH H. FAELEY -_ .-__.. to me known, who being duly sworn, did depose and say that he resides in.yCzLG DE - �'' v --- EXECUT. lE Vlv� =5i�t`iy�ot ._that he is the._..._...... �` the • MDRICKSDx BROS' INC- corporation des in and which executed the foregoing instrument;and that he si a his ame thereto rder of the Board of Directors of said Corporation. TIMOTHY W. f1NWP.A41 v PY FULILi" `tate of ��ft ttblte No. 52-4526966 Qucl'c;e� in 5 Co;.n1y 30, 1932 Ccmmission xc,rea , lcrc CONR 145-1 (9!67) r Wb" MCT NO. M992 { COUNTIES OT QUEEN$ 9 NASSAU FAITHFUL PERFORMANCE - == . BOND CONK 145-3a(7/77) The surety hereto agrees that in case the said contract is forfeited by the Principal here- to in the manner provided in the contract and the Principal fails to deposit to the credit of the State Department of Transportation, the excess cost of completing the work occasioned by the failure of the Contractor, then and in that case the surety will within ten days from the date of notice by the State Department of Transportation of the amount of such excess cost deposit to the credit of said Department such sum of money as the said Department certifies to the surety as being the excess above the funds remaining available for this contract, free from all liens and incumbrances in the hands of the Department of Transportation. And the said SURETY hereby stipulates and agrees that no change, extension, altera- tion, deduction or addition in or to the terms of the said contract or the plans or specifications accompanying the same, sh q1 in any wise affect the obligations of said SURETY of his bond. HEBDRI BMS. Ilf . Principal JOSE'' H. FARLEY EECLITIVE ICE P DENT COMPANY Surety _ • By R6bert Tynaa, Attoraey-in-fact STATE OF NEW YORK OFFICE OF THE ATTORNEY GENERAL I hereby approve the foregoing contract and bond as to form and manner of execution. Attorney General 3L V w '�� CONR 146-2a(7/77) Executed 131 Triplicate — BOND No.6o 6o 197 1. Know all men by these presents, That we (hereinafter called the "Principal") HEN DRI CXSON BROS. INC. of63 N. Central Ave. VZa — trees, of of of and Fidelity and Deposit Company of Maxylsad -- Of BaltiMTe9 MaX71znd (hereinafter called the "Surety") are held and Nine Htmdred 3 firmly bound unto the People of the State of New York in the full and just sum of Saventees Tbous"d and 00/1.00 _-- Dollars ($ 9179000.00 )good and lawful money of the United States of America, to the payment of which said sum of money, well and truly to be made and done, the said Principal binds himself, his heirs, executors, administrators or assignees and the said SURETY binds it- self, its successors or assigns, jointly and severally, firmly by these presents. 2. Signed and dated this 19th day of Jaanarf 19q 3. Whereas, said Principal has entered into a certain written contract bearing date on the l day of d T 19 $2 , with the People of the State construction or improvement of Public Hi hwa of New York for the I g Y maintenance or repair FOR RECONSTRUCTING THE CROSS ISLAND PARKYAYt SH 52-2 (LIHDEti BLVD. TO • UNION TURNPIXE) A TOTAL CORM= LENGTH OF 4.0 MILES, + 0.S MILE OF ACCESS IN THE CQtwTIES OF QUEENS t NASSAU WHICH CONSTITEJTES CONTRACT Y0. D26992 County 62..2 counties QuleAs i Nassau State Highway No. in the I county of Federal Aid New York Now, therefore, THE CONDITION OF THIS OBLIGATION IS SUCH that if the said Prin- cipal shall well, truly and faithfully perform the work in accordance with the terms of the con- tract, and with the plans and specifications, and will commence and complete the work within the time prescribed in the contract, on his part to be kept and performed according to the terms and tenor of said contract, and shall protect the said State of New York against, and pay any excess of cost as provided in said contract, and all amounts, damages, costs, and judgments which may be recovered against said State or its officers or agents or which the said State of New York may be called upon to pay to any person or corporation by reason of any damages, di- rect or indirect, arising or growing out of the doing of said work, or from the negligence, non- feasance, misfeasance or malfeasance of any officer, agent or employee of the State or Depart- construction or improvement went thereof, or suffered or claimed on account of said I maintenance or repair during �•. ' the time thereof and until the final completion and acceptance of the work, or the manner of doing the same, or the neglect of the said Principal, or his agents, or servants, or the improper performance of the said work by the said Principal, or his agents, or servants, or from any other cause, then this obligation shall be null and void, otherwise to remain in full force and virtue. CONK 145-5b(7/77) (Acknowledgment by Surety Company.) STATE OF NEW YORK ss.: COUNTY OF On this day of 19—, before me to me known, who personally came being by me duly sworn, did depose and say that he resides in that he is the of the the corporation described in and which executed the foregoing instrument: and that he signed his name thereto by order of the Board of Directors of said corporation. r . Notary Public, County. (The Surety Company must append statement of its financial condition and a copy of the resolution authorizing the execution of Bonds by officers of the Company.) CONK 145-db(7h7) !� (Acknowledgment by principal, unless it be a corporation.) STATE OF NEW YORK County of ss.: On this day of 19 _, before me personally came to me known to be the person described in and who executed the foregoing instrument and he acknowledged that he executed the same. Notary Public, County. (Acknowledgment by principal, if a corporation.) STATE OF NEW YORK County of NASSAU ss.: On this day of 19 gV1)efore me personally came JOSEPH H. FARLEY to me known, who being by me duly sworn, did depose and say that he resides in - DEN CIN N.Y. AXE i IV L V FCL PRtSIDENT that he is the of the '_- HENDRICKSON BMS- INC. the corporation described in and which executed the foregoing instrument: and that he signed his name thereto by order of the Board of Directors of said corporation. TIMOTHY W. FINNERAN NOTARY PUBLIC, State of New York No. 52-4526966 Qualified in Suffolk County Commission Expires March 30, 1982 Notary ublic, County CON(i 134-1b(7/77) Comptr?ll.r's Form 137. STATE OF NEW YORK «`• Stet. FlnFln ene. Law) Approval as to form by Attarn.yCi.Mral August 26, 1964 * � 141 MO��++++ BOND yo.60 60 197 Know all men by these presents, That HENDRICKSON BROS. IMC. of 68 N. Central Ave- Va11ey Susan, NT 21585 (hereinafter called the "PRINCIPAL'? and the Bidelity and D"xit CawpazW of LSartland a corporation created and existing under the laws of the State of YAx7land having its principal office in the City of Baltixm= (hereinafter called the "SURETY"), are held and firmly bound unto the people of the State of New York, (hereinafter called the "STATE"?, in the full end lust sum of Nine X=klred Se•wteen Thousand and 00/100 (8927.000.04) Do13srs good and lawful money of the United States of America, for payment of which said sum of money, well and truly to be made and done, the said Principal binds himself, his heirs, executors and administrators, suc- cessors and assigns, and the said Surety binds itselt, its successors and assigns jointly and severally, firmly by these presents: Signed and dated this 19th dAy of Jan=*rp 1982 A.D. WHEREAS, said PRINCIPAL has entered into a certain written contract, bearing date 1/19/82 with the ' Tho Now York State Departmut of Treasportatica 2220 Washington Ave., Albany, NY 12282 i. FOR RECONSTRUCMG THE CROSS ISLAND FARK'iTAY: SH 82. 2 (LINDEN BLVD* TO UNION TURNPIKE) A TOTAL. COWTRACT LENrOTH OF 4.0 1XLES9 P 0.5 mns.- OP ACCESS IN THE COUNTIES OF QUMM AND NASSAU WMCH COVS7I7UTES CONTRACT NO. D96992 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH,that if the said Principal shall promptly pay all moneys due to all persons furnishing labor or materials to him'or his subcontrac- tors in the prosecution of the work provided for in said contract, then this obligation shall be void, other wise to remain in full force and effect; Provided, however, that the Comptroller of the State of New York having required the said Princi- pal to furnish this bond in order to comply with the provisions of Section 137 of the State Finance Law, all rights and remedies on this bond shall inure solely to such persons and shall be determined in accord- ance with the provisions, conditions and limitations of said Section to the same extent as if they were copied at length herein; and . Further, provided, that the place of trial of any action on this bond shall be in the county in which the said contract was to be performed, or if said contract was to be performed in more than one county, then in any such county, and not elsewhere. CONK 134-2-(7m) IN TESTIMONY WHEREOF, the said PRINCIPAL has hereunto set his (their, its) hand and the said Surety has caused this instrument to be signed by its Attorney-SSS-fact 70cubdim the day and year first above written. Signed and delivered RICXS0X BROS- INC- in in the presence of J PH H. FARLEY EXECLIE VICE PRESIDENT Principal _ 1 ArTt7FT M AND DEPOSIT MPM OF&many of 110 Winner Street, New York, N.Y. By (Title of afficer) Hobert Ge T u=, Attmrney-i4-fact Attest (Title of officer) Surety (Acknowledgment by principal, unless it be a corporation) STATE OF NEW YORK ss: COUNTY OF On this day of 19 before me personally came to me known and known to me to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same. Notary Public , County. f Fw�c •�3�d'o (8/61) t ' ,,�TCsAE OF NEW YORK;;', �I'Lhreby approve,Ahe foto oing contract and bond as to form and manner of execution. J . 9 =Dated.'. S ........ .. ICY Attorn General h t . f . STATE OF NEW YORK I hereby approve the foregoing contract and bond. Dated ............... ...................................................Comptfo ler. t CONR 134-3c (7177) (Acknowledgment by principal, if o corporation) STATE OF NEW YORK COUNTY OF TUASSAU - / y of V�(�� 19 FY before vie personally On this Oa JOSEPH H. FARLEY to me known, who being by me duly sworn, did depose came and say that he resides in GARDEN, CITY, N.Y EXECUTIVE VICE PRESIDENT that he is the of the HENDRICKSON 111108- INC. the corporation described in and which executed the foregoing instrument; and that he signed his name t to by order of the Board of Directors of said corporation. T7M.CiNY W. FINN N NOTARY PUBLIC, Stare of New Ycrk No. 52-4526966 Qualified in Suffc;k County Commission Expires M.crcn 20, 1982 f _ N ary Pub 'c, County. C (Acknowledgment by Surety Company ) STATE OF NEW YORK ss COUNTY OF. On this day of before to me known, who being by me me personally came duly sworn, did depose and say that he resides in that he is the of the the corporation described in the foregoing instrument; and that he signed his name thereto by order, of the Board of Directors of said corporation. -' T Ffrterrciai Statement 2d copy of � Vv n ":.Y. i�� JReSOMIG11 Gf �Gi4�i i',f' Ci �':f�tY CO, t ATTAC ;ED To s1,i i � C-"TRACT Notary Public, County. STATE OF NEW YORK ) SS. . COUNTY OF NEW YORK ) DAVID COOK, being duly sworn, deposes and says that he ; is an Assistant Attorney General of the State of New York, the Attorney for the State Department of Transportation herein. On ' the 26th day of May, 1982 , he served the annexed upon the !' following named persons : LOUIS ROSENBERG, ESQ. VILLAGE OF SOUTHAMPTON j 16 Court Street Long Island, New 'York 11968 ;! Brooklyn, NEw York 11201 VILLAGE OF RIVERHEAD �1HART & HUME, ESQS. Riverhead, New York 11901 10 East 40th Street New York, New York 10016 TOWN OF SOUTHOLD Suffolk County I�COUNTY OF SUFFOLK Southold, New York 11971 !', Department of Public Works IYaphank, New York 11980 TOWN OF HUNTINGTON j Huntington, New York 11743 TOWN OF ISLIP 1401 Main Street TOWN OF OYSTER BAY Islip, New York 11751 Oyster Bay, New York 11771 TOWN OF SMITHTOWN TOWN OF BABYLON Office of Town Clerk Babylon, New York 11702 Main Street Smithtown, New York LONG ISLAND STATE PARKS & RECREATION COMMISSION COUNTY OF NASSAU Belmont Lake State Park Department of Public Works Babylon, New York 11703 .Nassau County Executive Building ;MIneola, New York 11501 PALISADES INTERSTATE PARKS COMMISSION SUFFOLK COUNTY WATER AUTHORITY Administration Building ' P.O. Box 37 Bear Mountain, New York 10911 Oakdale, New York 11769 'MIDDLE ,ISLAND FIRE DISTRICT ROUTE 25 �!MIddle Island, New York 11953 . - I!Attorneys in the within entitled action by depositing a true and correct copy thereof, properly enclosed in a post-paid wrapper, jlin a post-office box regularly maintained by the Government of Sithe United States at Two World Trade Center, New York, New York 10047 , directed to said Attorneys at the addresses within the i State designated by them for that purpose. I Sworn to before me this 26tha'y� of May, , 1982 s Stant Attorney General DAVID COOK v of the State of New York Sir: Please take notice that the within is a true UNITED STATES BANKRUPTCY COURT *' copy of; EASTERN DISTRICT OF NEW YORK duly filed and entered in the office of the Clerk of County,on the day of , 19 RECEIVED Yours,etc. MAY 2"8 1982 98Z ROBERT ABRAMS, Attorney General, In re tows C"'* Southold Attc* For Office And Post Office Address LYON & REBOLI , INC. , Two World Trade Center,New York,N.Y. 10047 To ,Esq. Debtor. Attorney for Sir: Please take notice that the within AFFIDAVIT will be presented for settlement and signature herein ROBERT ABRAMS, to the Hon. Attorney General one* the judges of the within named Court, at Attorney for...AIMS...Rept.....of......................... in the Borough of Transportation _ /J City of New York, on the day of Office And Post Office Address ` 19 ,at M. Two World Trade Center,New York,N.Y. 10047 Dated,N.Y., ,19 Tel. (212) 488-2466 pb Yours,etc. Personal service of a copy of j / �� ROBERT ABRAMS, y, Attorney General, within....................... ................................................. Attorney For x is admitted this..............................................day of Office And Post Office Address Two World Trade Center,New York,N.Y. 10047 .................................................................19 To ,Esq. Attorney for .__.__.----------_—...-._----___.---..--.----------_—. ..--_.____.._ HOLZMACHER,McLENDON and MURRELL P.C. •CONSULTING ENGINEERS,ENVIRONMENTAL SCIENTISTS and PLANNERS 125 BAVLIS ROAD, 0,,1E.LV;I_L i- RECEM May 20, 1982 MAYS 2 41982 TONS Clerk SWAM Town Clerk Judith T. Terry Town of Southold P.O. Box 728 Main Road Southold, NY 11971 Re: New Suffolk Avenue Surface Paving Contracts SOHT 81-06 A & B Dear Mrs. Terry: Pursuant to your request in your letter dated May 14, 1982, we are writing to you herein to outline the status of the above- referenced project and the implications of the default. At this time, all paving under the two (2) contracts has been completed and Lyon & Reboli, Inc. has received full payment for all work. It is not expected that the Town would require any further services from Lyon & Reboli, Inc. on the subject contracts. The only possible exception would be if some work is required in connection with the one year guarantee. Since the Town should be holding either a performance or maintenance bond on the subject contracts, if any problems develop between now and the early part of December 1983, it would be necessary for the Town to contact the bond company to affect the repairs instead of contacting Lyon & Reboli, Inc. As we previously stated, all work was completed very satis- factorily and., therefore, the likelihood of any further action by the Town is extremely remote. However, should any problems develop or should you or the Town Board have any questions on this matter, please do not hesitate to contact our office. Very truly yours, HOLZMACHER, McLENDON MURRELL, P.C. DAS/dh Donald A. ioss, P.E. cc: Supr. William R. Pell, III Robert Tasker, Esq. Raymond C. Dean, Supt. of Hwys. Melville,New York • Farmingdale,New York • Riverhead,New York MaSE DIRECT ALLC ]yDENCE TO 1633 BROA WAY NEW YCRKe NEW YORK 10019 wausau Insurance companies . RECEvm NOTICE OF CANCELATION *0241982 ���;���� Tin is iormd ndioe Nw/ the iorowing mw"md poicy('Ns)dmA be cwKe1e& •Town and/or Town Board, Toon and/or Holzmacher, McLendon urre , .C. , Town Hall Main Street Southold, New York 11971 File To: Lyon & Reboli, Inc., sda ® Certified Mail E] Registered Mail ® Return Receipt Requested Important Notice DATE OF HOME RT!_No. roucx NuA1 ms) 5 21 R2 (1522 5 (195 51 Cnmh C'.ac EREQWE DATE AND*KKR Of CAN®AMN M3 19 R 2 d Q 12-01 AM. [1 12:00 NOON FOR Nona:OF CANCHAT'10N In accordance with Policy Provision Issued by EMPLOYERS INSURANCE OF WAUSAU A Mutual Company Issued by Illinois Employers Insurance of Wausau C]Issued by Wausau Underwriters Insurance Company E]Issued by Worldwide Underwriters Insurance Company ISSUED AT(Street) (City) '(State) (Zip Code) 1633 'R-rnae1Wa4X New York, New York 10019 This concelation is without prejudice to any claim originating prior to the effective a and hour of cancelation stated above. A orized Company epr rve • Copy of Notice(s)Sent To: • Lyon & Reboli, Inc. , 56 Comsewogue Road East Setauket, New York 11733 (S)75-35339-79 Prtd.USA 1833 BROADWAY (`� V nh ' .( ,�'' r fir=n= z i NEW YORK,NEW YORK 10019 V 'iS,A = HAV21*82 I55 � I_FE 672026 ., . T TOWNAND/OR RETURN R TOWN BOARD, ECEIPT TOWN OF SOUTHOLD AND/OR � � HOLZMACHER, MCLENDON & MURREL, P.C. , ESTED TOWN HALL CV&ZIEIEIZ MAIN STREET RETURN RECEIPT REQUESTED SOUTHOLD, NEW YORKIr rj AV CERPT I 22 1589* wN 0......_.............. ......... FLUX OWOU ro NEW YOM WW YORK 1W19 Wausau Insurance Companies RECEMP NOTICE OF CANCELATION Q This is formal notice that the following MAY 2 4 1982 nun&ered policy(ies),hall be canceled. •Town and/or Town Board, TOwi;00 Id and/or Holzmacher, McLendon & Murrel, P.C. , Town Hall Main Road Southold, New York 11971 • File To: Lyon & Reboli, Inc. , [ Certified Mail Registered Mail FI] Return Receipt Requested E] Important Notice DATE OF NOTICE REP.NO. POLICY NUMBER(S) 5 21 82 3388 0522 04 095351 Comb Cas EFFECTIVE DATE AND HOUR OF CANCELATION M,U 3, 1982 at El 12:01 A.M. ❑ 12:00 NOON REASON FOR NOTICE OF CANCELATION In accordance with Policy Provision ®Issued by EMPLOYERS INSURANCE OF WAUSAU A Mutual Company 0 Issued by Illinois Employers Insurance of Wausau Issued by Wausau Underwriters Insurance Company Issued by Worldwide Underwriters Insurance Company ISSUED AT(Street) (City) (State) (Zip Code) 1633 Rrnarlwny, New York, New York 10019 DP This cancelation is without prejudice to any claim originating prior to the effective d a d hour of cancelation stated above. A ori.eeddd CCompmry Re tofive • Copy of Notice(s)Sent To: • Lyon & Reboli, Inc. , 56, Comsewogue Road East Setauket, New York 11733 e (S)15-3533 9-79 Prtd.USA Wausau Insurance Companies -__- �r�-Y� V A ! 1633 BROADWAY NEW YORK,NEW YORK 10019 s .�� z �QL'r ' MAY 2V82 ,• ;: : 155 P(i SAA of P {� 67 02D r ETURN TOWN AND/OR RECEIP TOWN BOARD i TOWN OF SOUTHOLD AND/OR REQUESTEDHOLZMACHER, MCLENDON & MURREL, P.C. , . -TOWN HALL, j MAIN STREET CERTIFIED MAIL SOUTHOLD, NEW YORK 11971 ER P REQUESTED o. TIFIED RETURN RECEI T REQUE T D �,, /r/ 0 ;� 58 8.4 2)4 9 0 HOLZMACHER,McLENDON and MURRELL,P.C. *CONSULTING ENGINEERS,ENVIRONMENTAL SCIENTISTS and PLANNERS 125 BAYLIS ROAD, MELVILLE, N.Y. 11747 a 516-752-9060 March 17, 1982 RECEIVED_ Mr. Raymond C. Dean MAR 181982 Superintendent of Highways Town of Southold Town Clerk Southold HIGHWAY DEPARTMENT Peconic Lane Peconic, NY 11958 Re: New Suffolk Avenue SOHT 8003 (CO) Dear Ray: Enclosed herewith are the completed MURK Forms for reimbursement on New Suffolk Avenue. Please sign them and return same to our office so that we can submit them to the State. If you have any questions, please do not hesitate to contact our office. Very truly yours, HOLZMACHER, McLENDON & MURRELL, P.C. William 'W. Spitz WHS/dh cc: William R. Pell, III, Supervisor Town Board E- "I.eeo,ra Judith T. Terry, Town Clerk Melville,Now York • Farmingdale,New York a Riverhead,New York ` 4' a ` Town Hall, 53095 Main Road P.O. Box 728 Soutliold, New York 11971 JUDITH T.TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR 01 VITAL S'I':\I'Iti'1'I('S OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March. 11, 1982 Donald A. Sioss, P.E:. Holzmacher, McLendon and 'Murrel.l, P.C. 125 Baylis Road Melville, New York- 11747 Dear Don: For your information., the Southold Town Board a.t their regular meeting of March_ 9th. a.dopted the following resolution: RESOLVED that the Town Board of the Town of Southold hereby authorizes the payment of $11, 349. 56 from Highway Funds to Holzmacher, McLendon and Murrell, P.C. for technical inspection, assistance to the Highway Superintendent, easement survey and descrip— tion, base paving plans- and specifications, and surface paving plans and specifications in connection with the reconstruction of New Suffolk- Avenue, upon receipt of final payment from New York- State. Very truly yours, Judith. T... Te.rry r Southold Town Clerk • - i � HOLZMACHER,McLENOON and MURRELL,P.C. •CONSULTING_ ENGINEERS,ENVIRONMENTAL SCIENTISTS and FLANNEHS 125 BAYUS ROAD, MELVILLE. N Y. 11 M7 516-752-9060 January 13, 1982 1,VIP D INC IE Li :, L., 7 Raymond C. Dean JAN 1 3 Superintendent of Highways Town of Southold Town Hall TOWN OF SOUTHOLD Main Road - Southold NY 11971 Re: Reconstruction of New Suffolk Avenue SORT 80-03 , SORT 80-04 SORT 81-04 , SOHT 81-06 Dear Ray: Pursuant to your request, we have assembled the following information regarding costs on the above-referenced project. 1. Total balance due to H2M Corp, as of this date, for technical inspection, assistance to the Highway Super- intendent, easement survey and description, base paving plans and specifications, and surface paving plans and specifications . /VO 'Y�-r ,��c.ot� ) ' • . . . . $11h349. 56 - 2. Remaining reimbursement to be received by the Town, /0 �d. 2. from the State (Total of all reimbursement•will be.$89 ,00o. 00) . $28 , 537. 4 ✓ 3. Major construction costs, including all paving contractor costs, and drainage material costs (frames, grates, pipes) . • • • $8 ,,468. 83 V' -71 5��c �'r / .C. L&S>S T cly aG 4. Additional estimated engineering fee to H2M Corp. for preparation and submission of applications for final reimbursement $ 450. 00 As we have over-run our original cost estimates for this project, we will await receipt of written authorization from the Town Board before proceeding with preparation of appli- cations for final reimbursement from the State. Melville,New York • Farmingdale.New York a Riverhead.New York -� { -2- Reconstruction of New Suffolk Avenue SOHT 80-03, SOHT 80-04 SO11T 81-04 , SOHT 81-06 We would be pleased to further discuss this project with you and/or the Town Board at a mutually convenient time. If you have any questions or wish to discuss the project further, please call my office. Very truly yours, HOLZMACHER, McLENDON & MURRELL, P.C. Donald A. loss, P.E. DAS/dh L J` NPAI—A HOLZMACHER,McLENDON and MURRELL,P.C. •CONSULTING ENGINEERS,ENVIRONMENTAL SCIENTISTS and PLANNERS 125 BAYLIS ROAD, MELVILLE, N.Y. 11747 • 516-752-9060 March 23, 1982 RECEIVED Mr. Douglas Gensinger MAR 2 G 1982 Community Assistance Engineer N.Y.S. Dept. of Transportation Region 10 office Town Clerk Southold N.Y. StateOffice Building Hauppauge, NY 11788 Re: Reconstruction of New Suffolk Avenue - Town of Southold Reimbursement 7/20/81 to 12/1/81 (Final) SOHT 80-03 Dear Mr. Gensinger: Pursuant to a directive from Raymond Dean, Superintendent of Highways, for the Town of Southold, and in accordance with your in- structions, we enclose herewith a MURK 13 form (three pages total) for the above-referenced project. The enclosed form, covering all work on the project from July 20, 1981 to December 1, 1981, includes force account work (labor and equip- ment) , material purchases, and contract work which was done during this period. The work which was completed during this time period was related to the installation of the new roadway as called for on the plans. As the project is now complete, it is our understanding that you will be visiting the site to conduct a final inspection. We would be pleased to accompany you at that time, and/or provide you with any additional information which you would require. At this time, the Town is requesting the remainder of the $89,000. 00 in State funds made available for this project including the 10% retainage on previous partial reimbursement requests. Please do not hesitate to contact our office if you have any questions regarding the project, or if we can provide you with any assistance in securing reimbursement for the Town. Very truly yours, HOLZMACCHER, McLENDON & MURRELL, P.C. WHS/dh it iam H. Spitz Enc. cc: Supervisor William Pell Town Board Supt. of Hwys. Raymond C. Dean Judith T. Terry, Town Clerk MLJ HOLZMACHER,MCLENDON and MURRELL,P.C. •CONSULTING ENGINEERS,ENVIRONMENTAL SCIENTISTS and PLANNERS 125 BAYLIS ROAD, MELVILLE, N.Y. 11747 a 516-752-9060 January 13, 1982 C F, Raymond C. Dean Superintendent of Highways JAN , 8 Town of Southold Town Hall TOWN OF SOUTHOLD Main Road ------_ Southold NY 11971 Re: Reconstruction of New Suffolk Avenue SORT 80-03 , SORT 80-04 SORT 81-04 , SORT 81-06 Dear Ray: Pursuant to your request, we have assembled the following information regarding costs on the above-referenced project. 1. Total balance due to H2M Corp, as of this date, for technical inspection, assistance to the Highway Super- intendent, easement survey and description, base paving plans and specifications, and surface paving plans and specifications . . . - . $11, 349. 56 2. Remaining reimbursement to be received by the Town, from the State . (Total of all reimbursement will be•$89 ,000. 00) , $28 ,537. 04 3. Major construction costs, including all paving contractor costs, and drainage material costs (frames, grates , pipes) . • . • • - ' $85,468. 83 4. Additional estimated engineering fee to H2M Corp. for preparation and submission of applications for final reimbursement . $ 450. 00 As we have over-run our original cost estimates for this project, we will await receipt of written authorization from the Town Board before proceeding with preparation of appli- cations for final reimbursement from the State. Melville,New York • Farmingdale,New York • Riverhead,New York -2- , Reconstruction of New Suffolk Avenue SOHT 80-03, SOHT 80-04 SORT 81-04, SOHT 81-06 We would be pleased to further discuss this project with you and/or the Town Board at a mutually convenient time. If you have any questions or wish to discuss the project further, please call my office. Very truly yours, HOLZMACHER, McLENDON & MURRELL, P.C. 64P.E. DAS/dh r JUDITH T.TERRY TELEPHONE TowN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 December 16, 1981 Lyon & Reboli, Inc. 56 Comsewogue Road East Setauket, New York 11733 Gentlemen: Returned herewith is your $25. 00 deposit for plans and specifications for Furnishing and Delivering Binder Top and Shoulder Course Asphalt on New Suffolk Avenue, bid date 9/24/81 . Returned also is your $25. 00 deposit for plans and specifications for Placing Binder, Top & Shoulder Course Asphalt Concrete on New Suffolk Avenue, bid date 9/24/81. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures - 2 checks $25. 00 each. JUDITH T.TERRY � TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 December 16, 1981 Muirfield Contracting, Inc. 16 Heath Place Garden City, New York 11530 Gentlemen: Returned herewith is your $25. 00 deposit for plans and specifications for Furnishing and Delivering Binder Top and Shoulder Course Asphalt on New Suffolk Avenue, bid date 9/24/81. Returned also is your $25. 00 deposit for plans and specifications for Placing Binder, Top & Shoulder Course Asphalt Concrete on New Suffolk Avenue, bid date 9/24/81. Very truly youo_urrs, Judith T. Terry Southold Town Clerk Enclosure - 1 check $50. 00 JUDITH T.TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 December 16, 1981 Central Suffolk Paving, Inc. 100 Rogers Avenue Westhampton Beach, New York 11978 Gentlemen: Returned herewith is your $25. 00 deposit for plans and specifications for Furnishing and Delivering Binder Top and Shoulder Course Asphalt on New Suffolk Avenue, bid date 9/24/81. Returned also is your $25. 00 deposit for plans and specifications for Placing Binder, Top & Shoulder Course Asphalt Concrete on New Suffolk Avenue, bid date 9/24181. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures - 2 checks $25. 00 each. HOLZMACHER,McLENDON and MURRELL,P.C. •CONSULTING ENGINEERS,ENVIRONMENTAL SCIENTISTS and PLANNERS 209 WEST MAIN STREET, RIIVEER��H��EACD, N.Y. 11901 • 516-727-3480 °�MVED �)E(" 1. 6 1981 December 14, 1981 TrnWm 1%1" ftam Town of Southold Town Hall Main Road Southold, NY 11971 RE: Placing Binder, Top & Shoulder Course Asphalt Concrete on New Suffolk Avenue SOHT 81-06B BID DATE : 9/24/81 Gentlemen: Plans and specifications for the above have been returned by the following bidders who are entitled to a full refund of their deposit of Twenty-Five Dollars ($25. 00) : Muirfield Contracting, Inc . Lyon & Reboli , Inc . 16 Heath Place 56 Comsewogue Road Garden City, NY 11530 East Setauket , NY 11733 The following low-bidder is entitled to a full refund of their deposit of Twenty-Five Dollars ($25.00) : Central Suffolk Paving, Inc. 100 Rogers Avenue Westhampton Beach, NY 11978 Very truly yours , HOLZMACHER, McLENDON & MURRELL, P.C. Denise E. Holohan Bookkeeper DEH Melville,New York • Farmingdale,New York • Riverhead,New York 41 HOLZMACHER,McLENDON and MURRELL,P.C. •CONSULTING ENGINEERS,ENVIRONMENTAL SCIENTISTS and PLANNERS 209 WEST MAIN STHEAD, N.Y. 11901 • 516-727-3480 OF,C 1. 61981 Town Mark 'SaMold' December 14, 1981 Town of Southold Town Hall Main Road Southold, NY 11971 Re : Furnishing & Delivering Binder Top and Shoulder Course Asphalt Concrete on New Suffolk Avenue SOHT 81-06A BID DATE : 9/24/81 Gentlemen: We enclose checks made payable to the Town of Southold covering a deposit for Twenty-Five Dollars ($25.00) for plans and specifications by the following : Central Suffolk Paving, Inc . Lyon & Reboli, Inc 100 Rogers Avenue 56 Comsewogue Road Westhampton Bch. , NY 11978 East Setauket, NY 11733 $25. 00 Check #2622 $25. 00 Check #3101 Muirfield Contracting, Inc . 16 Heath Place Garden City, NY 11530 $50. 00 Check #2252 ($25. 00 for SOHT 81-06A $25. 00 for SOHT 81-06B) Very truly yours , HOLZMACHER, McLENDON & MURRELL, P. C. Denise E. Holohan Bookkeeper DEH ENCS . Melville,New York • Farmingdale,New York • Riverhead,New York HOLZMACHER,McLENDON and MURRELL,P.C. •CONSULTING ENGINEERS,ENVIRONMENTAL SCIENTISTS and PLANNERS 209 WEST MAIN STREET, RIVERHEAD, N.Y. 11901 • 516-727-3480 ErOM December 14, 1981 ) x: 161981 Town ("ark Southold Town of Southold Town Hall Main Road Southold, NY 11971 RE: Furnishing & Delivering Binder Top and Shoulder Course Asphalt Concrete on New Suffolk Avenue SOHT 81-06A BID DATE: 9/24/81 Gentlemen: Plans and specifications for the above have been returned by the following bidders who are entitled to a full refund of their deposit of Twenty-Five Dollars ($25,00) : Muirfield Contracting, Inc . Central Suffolk Paving, Inc . 16 Heath Place 100 Rogers Avenue Garden City, NY 11530 Westhampton Beach, NY 11978 The following low-bidder is entitled to a full refund of their deposit of Twenty-Five Dollars ($25. 00) : Lyon & Reboli, Inc. 56 Comsewogue Road East Setauket, NY 11733 Very truly yours , HOLZMACHER, McLENDON & MURRELL, P.C. zt Denise E. Holohan Bookkeeper DEH Melville,New York • Farmingdale,New York • Riverhead,New York HOLZMACHER,McLENDON and MURRELL,P.C. •CONSULTING ENGINEERS,ENVIRONMENTAL SCIENTISTS and PLANNERS 209 WEST MAIN STREET RIVERHEAD, N.Y. 11901 • 516-727-3480 RECEWED '1981 December 14, 1981 Town of Southold T�'�''n t4`* Southold Town Hall Main Road Southold, NY 11971 Re : Placing Binder, Top and Shoulder Course Asphalt Concrete on New Suffolk Avenue SOHT 81-06B BID DATE : 9/24/81 Gentlemen: We enclose checks made payable to the Town of Southold covering a deposit for Twenty-Five Dollars ($25.00) for plans and specifications by the following: Central Suffolk Paving, Inc . Lyon & Reboli, Inc. 100 Rogers Avenue 56 Comsewogue Road Westhampton Bch, , NY 11978 East Setauket, NY 11733 $25. 00 Check #2636 $25. 00 Check # 3102 Murifield Contracting, Inc . 16 Heath Place Garden City, NY 11530 $50.00 Check #2252 ($25. 00 for SOHT 81-06A $25.00 for SOHT 81-06B) Very truly yours , HOLZMACHER., MccLENDON & MURRELL, P.C. /((/e_X_L4-Q,- "��'_ Z�4 _/-I',- Denise E. Holohan Bookkeeper DEH ENCS, Melville,New York • Farmingdale,New York • Riverhead,New York ti JUDITH T.TERRY TELEPHONE TOWN CLERK , ^'z,� (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 October 22, 1981 Donald A. Sioss, P. E. Holzmacher, McLendon & Murrell, P.C. 125 Baylis Road Re: Town of Southold Melville, New York 11747 Surface Paving SOUT 81-06 Dear Don: Transmitted herewith are the conformed copies of the contract between the Town of Southold and Lyon & Reboli, Inc . for furnishing and delivering binder, top and shoulder course asphalt concrete to New Suffolk Avenue, and for placing same. Copies of the Certificates of Insurance and Performance Bonds are also enclosed. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures 1 HOLZMACHER,McLENDON and MURRELL,P.C. •CONSULTING ENGINEERS,ENVIRONMENTAL SCIENTISTS and PLANNERS "CEWW OCT ? 3 X.. CERTIFIED MAIL 981 (RETURN RECEIPT) Town. Cr"► %UW01d' October 15, 1981 Lyon and Reboli, Inc. 56 Comsewogue Road East Setauket, New York 11733 Re: Town of Southold Surface Paving SOHT 81-06 Attention: Mr. Randall Woodard, P.E. Gentlemen: As you are aware, the Town Board, of the Town of Southold, has awarded your firm the contracts A & B for the above refer- enced project in the amount of $41, 600. and $2,450. respectively. The contract documents have been delivered to Mr. William R. Pell III, Town Supervisor, and you may call Supervisor Pell at 516-765-1800 to make arrangements to sign these documents. At that time you should, of course, bring the required performance bond and insurance certificates. In addition, it would be helpful if you would forward to us your anticipated work schedule. We, of course, realize that weather and other factors may alter your scheduler but a tenta- tive schedule is always helpful . Prior to ordering any material or finalizing any subcon- tracts, you should submit to us the names of your proposed sup- pliers and sub-contractors for our approval . Melville.New York • Farmingdale.New York 6 Riverhead.New York Mr. Randall Woodard, P.E. Page Two Lyon and Reboli, Inc. October 15, 1981 If you have any questions concerning this project, please do not hesitate to contact our office. Very truly yours, iHOLZMACHER, MC E ON & MURRELL, P.C. Donald A. ioss, P.E. DAS:gap cc: Supervisor William R. Pell III Raymond C. Dean, Superintendent of Highways Judith T. Terry, Town Clerk 4Q- .IMS COPY Town Board ESTABLISHED 1864 mwu; Ar'. a2��GaI'L T" am GENERAL CONTRACTORS 56 COMSEWOGUE ROAD EAST SETAUKET, N.Y. 11733 GEORGE W.LYON,PRESIDENT MAIN OFFICE WILLIAM J.LYON,EXEC.VICE PRESIDENT TELEPHONE: PHILIP J.COWARD,VICE PRESIDENT (516)473.0200 PETER D.HOUGH,SEC.TREASURER October 21, 19B1 (516)473-0600 Town of Southold Re: New Suffolk Avenue Project No . SOHT 81-06-A Project No . SOHT 81-06-8 Gentlemen: At a Board of Director ' s meeting held this date by Lyon & Reboli , Inc. , authorization was granted for. Randall Woodard, P. E. to sign the agreement for the above referenced contract. Very truly yours LYON & IN Pe ough Secretary PH:md 'AN EQUAL OPPORTUNITY EMPLOYER" 30 a JUDITH T.TERRY 1 TELEPHONE TowN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 October 8, 1981 Donald A. Sioss, P.E. Holzmacher, McLendon and Murrell, P.C. 125 Baylis Road Melville, New York 11747 Dear Don: The Southold Town Board at a regular meeting held on October 6, 1981 awarded the bids for furnishing and delivering binder, top and shoulder course asphalt concrete and placing binder, top and shoulder course asphalt concrete on New Suffolk Avenue to Lyon and Reboli Paving Contractors at their bid prices of $41, 600. 00 and $2 ,450. 00. Very truly yours, Judith T. Terry Southold Town Clerk $25. 00 PER SET BID SPECIFICATIONS - RECONSTRUCTION OF NEW SUFFOLK AVENUE CONTRACT #1----FURNISHING AND DELIVERING ASPHALT CONCRETE ,> , w . , 5 H .H. 1 157 6 Gas CONTRACT #2---- PLACING ASPHALT CONCRETE • HOLZMACHER,McLENDON and MURRELL,P.C. •CONSULTING ENGINEERS,ENVIRONMENTAL SCIENTISTS and PLANNERS 209 WEST MAIN STREET, RIVERHEAD, N.Y. 11901 • 516-727-3460 RECEIVED S t P 1 5 1981 September 15, 1981 Town Clerk Soutfiord Mrs. Judith T. Terry Town Clerk Southold Town Hall Main Road Southold, NY 11971 Re: Town of Southold Reconstruction of New Suffolk Avenue SOHT 81-06 Dear Mrs . Terry : Enclosed herewith please find five, (5) sets of plans , speci- fications and contract documents for the two, (2) contracts for paving on the above captioned project . These documents are for pick-up by perspective bidders . The bid deposit is Twenty-Five Dollars ($25.00) for each set. Specifications will also be available in both our Riverhead and Melville offices . Please record the name, address and telephone number of any bidder . If you get down to only two, (2) sets , please call Denise at 727-3480 to arrange for additional sets . If you have any questions , please do not hesitate to contact our office. Very truly yours , HOLZMACHER, McLENDON & MURRELL, P.C. Donald A. Sioss , P.E. DAS:deh encs . cc : Raymond Dean, Hgwy. Supt. Melville,New York • Farmingdale,New York • Riverhead,New York ni 5 p fj� ESTABUSHED 1934 1'0 GENERAL CONTRACTORS too 56 CQMSEWOGUE ROAD EAST SETAUKET, N.Y. 11733 GEORGE W.L ,P44SIDUT MAIN OFFICE W{!,i<d144 4.3* kiXXk , VICE.PRFSIDENT TELEPHONE: Pit/L l'J t f111rAi f. E PRESiDEN7 1316)47:3.412W PETER MiR.99C.'`*1CA$URER (516)473-O)I) January 7 1982 Town of Southold Town Hall Main Road Southold New York 11971 Re: New Suffolk Avenue-A Gentlemen Enclosed herewith is our Insu;pance Policy showing proof of coverage for the project -that we are currently under cq*tact to do. within your jurisdiction. Said policy' may be retaIned. by you for your files If you should have any ,questions .please 'do -not hesitate to call either myself or Mr Norman Kelly in our office Thank you Very truly .yours y LYON I, INC. Devra J n 'td]1 Enclosure - as stated AIV EQUAL OPPORTUNITY EMPLOYER- r Wausau Insurance Companies COMBINATION CASUALTY POLICY ,ncy numner 0522 04 095351 PLEASE READ YOUR POLICY Item 1.Named Insured and Address TOWN AND/OR TOWN BOARD TOWN OF SOUTHOLD AND/OR w � - HOLZMACHER, MC LENDON & ,. . MURRELL, P.C. TOWN HALL MAIN ROAD SOUTHOLD, NY 11971 Item 2.Policy Period: 10 21 81 to 10 21 82 THIS POLICY IS NONASSESSABLE MUTUALS-MEMBERSHIP AND VOTING NOTICE: The insured is notified that by virtue of this policy, he is a member of the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, and is entitled to vote either in person or by proxy at any and all meetings of said company. The annual Meetings are held at its home office at Wausau, Wisconsin, on the fourth Friday of May, in each year, at 9:00 A.M. Employers Insurance of Wausau A Mutual Company HOME OFFICE: WAUSAU, WISCONSIN (Herein called the company) In consideration of the payment of the premium, in reliance upon the statements in the declarations made a part hereof and subject to all of the terms of this policy, agrees with the named insured as follows: COVERAGES The insurance afforded by this policy is only with respect to such Coverages as are indicated by specific premium charge or charges in the appropriate Coverage Schedule or Schedules of the Coverage Part or Parts attached to and hereby made a part of this policy. SUPPLEMENTARY PAYMENTS The company will pay, in addition to the applicable limit of court that part of the judgment which does not exceed liability: the limit of the company's liability thereon; (a) all expenses incurred by the company, all costs taxed (b) premiums on appeal bonds required in any such suit, pre- against the insured in any suit defended by the company miums on bonds to release attachments in any such suit and all interest on the entire amount of any judgment for an amount not in excess of the applicable limit of therein which accrues after entry of the judgment and liability of this policy, and the cost of bail bonds required before the company has paid or tendered or deposited in of the insured because of accident or traffic law violation 9-79 60-1.1 ;I V1 isau Insurance Com ni� . pa COMBINATION CASUALTY POLICY DECLARATIONS i I i Policy Number 0522 04 095351 Item 1.Named Insured and Address TOWN AND/OR TOWN BOARD Insured is: MUN I C I PAL I TY j TOWN OF SOUTHOLD AND/OR HOLZMACHER, MC LENDON & Adjustment of premium shall be made: ANNUALLY MURRELL, P.C. TOWN HALL Business of Insured is: MAIN ROAD SOUTHOLD, NY 11971 Item 2.Policy Period: 10 21 81 to 10 21 82 12:01 A.M., standard time at address of the named insured as stated herein. 3.The insurance afforded is only with respect to such Coverages as are indicated by specific premium charge or charges in the appropriate Coverage Schedule or Schedules of the Coverage Part or Parts attached to this policy.The limit of the company's liability against each such coverage shall be as stated in the appropriate Coverage Schedule or Schedules for the Coverage Part or Parts attached to this policy. SUMMARY OF INSURANCE AND PREMIUM CHARGES PREMIUM CHARGES OWNERS' AND CONTRACTORS' PROTECTIVE LIABILITY INSURANCE $ 100 Endorsements $ Amount Due $ 100 Coverage Parts 560-9-1. 1 Issued by: 1X1 EMPLOYERS INSURANCE OF WAUSAU A Mutual Company j Attached to Form 60-1.1 and Coverage Parts shown above. ( 1 ILLINOIS EMPLOYERS INSURANCE OF WAUSAU Attached to Form J60-1.1 and Coverage Parts shown above. ( 1 WAUSAU UNDERWRITERS INSURANCE COMPANY Attached to Form W60-1 and Coverage Parts shown above. ( 1 WORLDWIDE UNDERWRITERS INSURANCE COMPANY Attached to Form W60.1 and Coverage Parts shown above. Countersigned by Authorized Company Representative Bur. 9-79 M60-1.2 PRTD. USA OWNERS' AND CONTRACTORS'PROTECTIVE LIABILITY INSURANCE COVERAGE PART COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR Named Insured TOWN AND/OR TOWN BOARD, TOWN OF SOUTHOLD AND/OR HOLZMACHER, MC LENDON & MURRELL, P.C. Policy Number 0522 04 095351 i COVERAGESCHEDULE 1. The insurance afforded is only with respect to such of the following Coverages as are indicated by specific premium charge or charges.The limit of the company's liability against each such Coverage shall be as stated herein,subject to all the terms of this policy having reference thereto. COVERAGES _ _- _LIMITS OF LIABILITY _—_ _ ADVANCE PREMIUM j Each Occurrence Aggregate j A–Bodily Injury Liability $ 1,000,000 $ 28 B–Property Damage 1;_60e 000 Liability _ $ —�59�$0� _ $ 1,000,000 $ 72 Total Advance Premium $ 100j 2. The declarations are completed on the accompanying schedule(s) designated "General Liability Hazards". 3. Designation of Contractor LYON & REBOLI, INC. 4. Mailing Address 56 COMSEWOGUE RD., EAST SETAUKET, NY 11733 5. Location of Covered Operations SEE SCHEDULE 6. IlCheck here if the following provision is applicable: The person or organization designated above as the Contractor has undertaken to pay the premium for this policy and shall be entitled to receive any return premiums and dividends, if any, which may become payable under the terms of this policy. COVERAGES 1. COVERAGE A–BODILY INJURY LIABILITY COVERAGE B–PROPERTY DAMAGE LIABILITY The company will pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of Coverage A.bodily injury or Coverage B.property damage to which this policy applies, caused by an occurrence and arising out of (1) operations performed for the named insured by the contractor designated in the declarations at the location designated therein or (2) acts or omissions of the named insured in connection with his general supervision of such operations, and the company shall have the right and duty to defend any suit against the insured seeking damages on account of such bodily injury or property damage, even if any of the allegations of the suit are groundless, false or fraudulent, and may make such investigation and settlement of any claim or suit as it deems expedient, but the company shall not be obligated to pay any claim or judgment or to defend any suit after the applicable limit of the company's liability has been exhausted by payment of judgments or settlements. Exclusions This policy does not apply: (a)to liability assumed by the insured under any contract or agreement except an incidental contract;but this exclusion does not apply to a warranty that work performed by the designated contractor will be done in a workmanlike manner; (b)to bodily injury or property damage occurring after (1)all work on the project (other than service, maintenance or repairs) to be performed by or on behalf of the named insured at the site of the covered operations has been completed or (2)that portion of the designated contractor's work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project; (c)to bodily injury or property damage arising out of any act or omission of the named insured or any of his employees,other than general supervision of work performed for the named insured by the designated contractor; (d)to any obligation for which the insured or any carrier as his insurer may be held liable under any workmen's compensation, unemployment compensation or disability benefits law,or under any similar law; (e)to bodily injury to any employee of the insured arising out of and in the course of his employment by the insured or to any obligation of the insured to indemnify another because of damages arising out of such injury;but this exclusion does not apply to liability assumed by the insured under an incidental contract; (f) to property damage to (I)property owned or occupied by or rented to the insured, (2)property used by the insured, (3)property in the care, custody or control of the insured or as to which the insured is for any purpose exercising physical control, or (4)work performed for the insured by the designated contractor; (g)to bodily injury or property damage due to war, whether or not declared, civil war, insurrection, rebellion or revolution or to any act or condition incident to any of the foregoing, with respect to (1) liability assumed by the insured under an incidental contract, or (2) expenses for first aid under the Supplementary Payments provision of the policy; (h) to bodily injury or property damage arising out of the ownership,maintenance,operation,use,loading or unloading of any mobile equipment while being used in any prearranged or organized racing,speed or demolition contest or in any stunting activity or in practice or preparation for any such contest or activity; (i) to bodily injury or property damage arising out of the discharge, dispersal, release or escape of smoke, vapors,soot,fumes, acids,alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any water course or body of water;but this exclusion does not apply if'such discharge,dispersal,release or escape is sudden and accidental; 0) to loss of use of tangible property which has not been physically injured or destroyed resulting from (1)a delay in or lack of performance by or on behalf of the named insured of any contract or agreement,or (2)the failure of the named insured's products or work performed by or on behalf of the named insured to meet the level of performance, quality, fitness or durability warranted or represented by the named insured; but this exclusion does not apply to loss of use of other tangible property resulting from the sudden and accidental physical injury to or destruction of the named insured's products or work performed by or on behalf of the named insured after such products or work have been put to use by any person or organization other than an insured. (M)5-81 560-9-1.1 Page 1 of 2 Pages OWNERS' AND CONTRACTORS'PROTECTIVE LIABILITY INSURANCE COVERAGE PART(Continued) II. PERSONS INSURED Each of the following is an insured under this policy to the extent set forth below: (a)if the named insured is designated in the declarations as an individual, the person so designated and his spouse; (b)if the named insured is designated in the declarations as a partnership or joint venture, the partnership or joint venture so designated and any partner or member thereof but only with respect to his liability as such; (c)if the named insured is designated in the declarations as other than an individual, partnership or joint venture, the organization so designated and any executive officer,director or stockholder thereof while acting within the scope of his duties as such;and (d)any person (other than an employee of the named insured) or organization while acting as real estate manager for the named insured. 1ILLIMITS OF LIABILITY Regardless of the number of (1) insureds under this policy, (2) persons or organizations who sustain bodily injury or property damage, or (3) claims made or suits brought on account of bodily injury or property damage, the company's liability is limited as follows: Coverage A—The total liability of the company for all damages,including damages for care and loss of services,because of bodily injury sustained by one or more persons as the result of any one occurrence shall not exceed the limit of bodily injury liability stated in the schedule as applicable to "each occurrence". Coverage B—The total liability of the company for all damages because of all property damage sustained by one or more persons or organizations as the result of any one occurrence shall not exceed the limit of property damage liability stated in the schedule as applicable to "each occurrence". Subject to the above provision respecting "each occurrence", the total liability of the company for all damages because of all property damage to which this coverage applies shall not exceed the limit of property damage liability stated in the schedule as "aggregate". If more than one project is designated in the schedule, such aggregate limit shall apply separately with respect to each project. Coverages A and B—For the purpose of determining the limit of the company's liability, all bodily injury and property damage arising out of continuous or repeated exposure to substantially the same general conditions shall be considered as arising out of one occurrence. IV.ADDITIONAL DEFINITION When used in reference to this insurance (including endorsements forming a part of the policy): "work"includes materials, parts and equipment furnished in connection therewith. V. POLICY TERRITORY This policy applies only to bodily injury or property damage which occurs within the policy territory. Issued by the Company providing the insurance afforded by this policy as designated on the declarations page made a part hereof. (M)5-81 560-9-1.1 Page 2 of 2 Pages GENERAL LIABILITY HAZARDS TOWN. AND/OR TOWN BOARD, TOWN OF SOUTHOLD AND/OR Named Insured: HOLZMACHER, MC LENDON & MURRELL P.C. Policy No. 0522 04 095351 Schedule No. 1 3 Rates Estimated Premiums Description of Hazards Item Code o (Show Summary of Premium When Applicable) No. Number Premium Bases Bodily Property Bodily Property. Injury Damage Injury Damage v (a)Area(Sq.Ft.) (a)Per 100 Sq.Ft.of Area 0 (b) Frontage (b)Per Linear Foot C JOB: CONTRACT #SOHT-81-06—A (c)Payroll (c)Per$100 of Payroll (d)Total Cn (d)Per$100 of Total Cost FURNISHING AND DELIVERING BINDER TOP. (e)Receiptsst (e)Per$1,000 of Receipts SHOULDER COURSE ASPHALT CONCRETE TO Nal SUFFOLD AVE., TOWN OF SOUTHOLD, SUFFOLK D D D COUNTY, NY • CONSTRUCTION OPERATIONS—OWNER (NOT RAILROADS)— EXCLUDING OPERATIONS ON BOARD SHIPS 16292 (315) FIRST $500,000 1 13,050 .085 .031 NEXT $500,000 2 IF ANY .043 .016 OVER $1,000,000 3 IF ANY .014 .004 MINIMUM PREMIUM B. I. $28 P.D. $31 o " POLICYWRITING MINIMUM 100 WAUSAU INSURANCE COMPANIES ENDORSEMENT wusau Insurance Compani� Invoice Number Invoice Date Amount Due End. Policy Number Assn. No. T Representative Alpha Code 0522 04 095351 1 Named Insured and Address TOWN AND/OR TOWN BOARD TOWN OF SOUTHOLD AND/OR HOLZMACHER, MC LENDON 8 MURRELL, P.C. Audit Period: This Endorsement is effective 10 21 81 and will terminate with the policy. Policy Period: to 12:01 A.M., standard time at the address of the named insured as stated herein. Invoice/Rating Period: to THIS ENDORSEMENT MODIFIES THE CANCELATION CONDITION AND IS APPLICABLE TO ALL INSURANCE AFFORDED BY THE POLICY. CANCELATION BY THE COMPANY ENDORSEMENT IT IS AGREED THE CANCELATION CONDITION OF THE POLICY IS AMENDED TO PROVIDE THAT, WITH RESPECT TO CANCELATION BY THE COMPANY, EXCEPT FOR CANCELATION FOR NONPAYMENT OF PREMIUM, THE EFFECTIVE DATE OF CANCELATION SHALL BE NOT LESS THAN 30 DAYS AFTER THE MAILING OF NOTICE THEREOF. G5908 All other provisions and conditions remain unchanged. Issued by the Company providing the insurance afforded by this policy as designated on the declarations page made a part hereof. AusauIn ' s surance Companies PERSONS INSURED EXECUTIVE OFFICERS AND EMPLOYEES End. Policy Number Assn. No. T Producer Alpha Code 0522 04 095351 2 Named Insured and Address TOWN AND/OR TOWN BOARD TOWN OF SOUTHOLD AND/OR HOLZMACHER, MC LENDON & MURRELL, P.C. This Endorsement is effective 10 21 81 and will terminate with the policy. Policy Period: to 12:01 A.M., standard time at the address of the named insured as stated herein. This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following: 1 ) COMPREHENSIVE GENERAL LIABILITY INSURANCE ( ) MANUFACTURERS' AND CONTRACTORS' LIABILITY INSURANCE ( ) OWNERS', LANDLORDS' AND TENANTS' LIABILITY INSURANCE ( X ) OWNERS' AND CONTRACTORS' PROTECTIVE LIABILITY INSURANCE ( STOREKEEPERS' INSURANCE It is agreed that the "Persons Insured" provision is amended as follows: 1. Subdivision (c) is replaced by the following: (c) if the named insured is designated in the declarations as other than an individual, partnership or joint venture,the organization so designated and (i) any director or stockholder thereof while acting within the scope of his duties as such; and (ii) any executive officer of the named insured while acting within the scope of his employment for the named insured. The term "executive officer" means any person holding any of the officer positions created by the charter or bylaws of the named insured. 2. The word "insured"also includes any employee of the named insured while acting within the scope of his employment for the named insured; provided, that no person shall be an insrued under this paragraph with respect to: (a) bodily injury to (i) any fellow employee of such person injured in the course of his employment or(ii)the named insured or (iii) if the named insured is a partnership or joint venture, any partner or member thereof; (b) property damage to property owned,occupied or used by,rented to,in the care,custody or control of,or over which physical control is being exercised for any purpose of(i)another employee of the named insured or(ii)the named insured or, if the named insured is a partnership or joint venture, any partner or member thereof. All other provisions and conditions remain unchanged. Issued by the Company providing the insurance afforded by this policy as designated on the declarations page made a part hereof. (M) 10-76 515-5692 G5411 sau Insurance Compani ENDORSEMENT VU Invoice Number,,• Invoice date Amount Due End. Policy Number Assn. No. T Representative Alpha Code 0522 04 095351 3 Named Insured and Address TOWN AND/OR TOWN BOARD TOWN OF SOUTHOLD AND/OR HOLZMACHER, MC LENDON i; MURRELL, P.C. Audit Period: t This Endorsement is effective 10 21 81 and will terminate with the policy. Policy Period: to 12:01 A.M., standard time at the address of the named insured as stated herein. Invoice/Rating Period: to THIS ENDORSEMENT MODIFIES SUCH INSURANCE AS IS AFFORDED BY THE PROVISIONS OF THE POLICY RELATING TO THE FOLLOWING: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY INSURANCE AGGREGATE LIMIT OF LIABILITY ENDORSEMENT IT IS AGREED THAT: 1 . CONDITION 10, CAPTIONED THREE—YEAR POLICY, IS DELETED; AND 2. THE PREAMBLE OF THE LIMITS OF LIABILITY PROVISION IS REPLACED BY THE FOLLOWING: REGARDLESS OF THE NUMBER OF (1) INSUREDS UNDER THIS POLICY, (2) PERSONS OR ORGANIZATIONS WHO SUSTAIN BODILY INJURY OR PROPERTY DAMAGE, OR (3) CLAIMS MADE OR SUITS BROUGHT ON ACCOUNT OF BODILY INJURY OR PROPERTY DAMAGE, AND REGARDLESS OF THE LENGTH OF THE POLICY PERIOD, THE COMPANY'S LIABILITY IS LIMITED AS FOLLOWS: G5727 All other provisions and conditions remain unchanged. Issued by the Company providing the insurance afforded by this policy as designated on the declarations page made a part hereof. .,. .. Owl arising out of the use of any vehicle to which this policy policy applies; "named insured" means the person or organization named "products hazard" includes bodily injury and property dam- applies, not to exceed $250 per bail bond, but the com- in Item 1. of the declarations of this olic • � �I pany shall have no obligation to apply for or furnish any (d) reasonable expenses incurred by the insured at the com policy; age arising out of the named insureds products or reliance such bonds pany's request in assisting the company in the investiga- upon a representation or warranty made at any time with named insureds products means goods or products man tion or defense of any claim or suit, including actual loss respect thereto, but only if the bodily injury or property dam - tion sold handled or distributed by the named insured (c) expenses incurred by the insured for first aid to others of earnings not to exceed $25 per day. age occurs away from premises owned by or rented to the or by others trading under his name, including any container named insured and after physical possession of such products at the time of an accident, for bodily injury to which this thereof (other than a vehicle), but "named insured's products" has been relinquished to others; p P shall not include a vending machine or any property other DEFINITIONS than such container, rented to or located for use of others "property damage" means (ll) physical injury to or destruc- but not sold; tion of tangible property which occurs during the policy period, When used in this policy (including endorsements forming (b) the existence of tools, uninstalled equipment or abandoned including the loss of use thereof at any time resulting there- a part hereof): or unused materials, or occurrence means an accident, including continuous or from, or (2) loss of use of tangiible property which has not been !' "automobile" means a land motor vehicle, trailer or semi (c) operations for which the classification stated in the policy repeated exposure to conditions, which results in bodily injury physically injured or destroyed provided such loss of use is P Y p or property damage neither expected nor intended from the caused by an occurrence during the policy period; trailer designed for travel on public roads (including any or in the company's manual specifies "including completed standpoint of the insured; ! machinery or apparatus attached thereto), but does not in- operations ; "underground property damage hazard" includes under- clude mobile equipment; "policy territory" means: ground property damage as defined herein and property dam- elevator" means any hoisting or lowering device to connect age to any other property at any time resulting therefrom. Ii "bodily injury" means bodily injury, sickness or disease floors or landings, whether or not in service, and all appliances (1) the United States of America, its territories or possessions, "Underground property damage" means property damage to y y p g policy g Y platform, y or Canada or sustained b an person which occurs Burin the olic thereof including an car, shaft hoistwa stairway, � wires, conduits, pipes, mains, sewers, tanks, tunnels, any i period, including death at any time resulting therefrom; runway, power equipment and machinery; but does not include (2) international waters or air space, provided the bodily injury similar property, and any apparatus in connection therewith, an automobile servicing hoist, or a hoist without a platform or property damage does not occur in the course of travel beneath the surface of the ground or water, caused by and "collapse hazard" includes "structural property damage" outside a building if without mechanical power or if not or transportation to or from any other country, state or occurring during the use of mechanical equipment for the as defined herein and property damage to any other property attached to building walls, or a hod or material hoist used in nation or purpose of grading land, paving, excavating, drilling borrowing at any time resulting therefrom. "Structural property dam- alteration, construction or demolition operations, or an inclined filling, back-filling or pile driving. The underground roe g B property age means the collapse of or structural injury to any building conveyor used exclusively for carrying property or a dumb- (3) anywhere in the world with respect to damages because of damage hazard does not include property damage (1) arising or structure due to (1) grading of land, excavating, borrowing, waiter used exclusively for carrying property and having a ! bodily injury or property damage arising out of a product out of operations performed for the named insured by Inde- filling, back-filling, tunneling, pile driving, cofferdam work or compartment height not exceeding four feet; ! which was sold for use or consumption within the territory pendent contractors, or (2) included within the completed oper- caisson work or (2) moving, shoring, underpinning, raising or described in paragraph (1) above, provided the original suit ations hazard, or (3) for which liability is assummed by the demolition of any building or structure or removal or rebuild- "explosion hazard" includes property damage arising out of for such damages is brought within such territory; insured under an incidental contract. ing of any structural support thereof. The collapse hazard does blasting or explosion. The explosion hazard does not include P P not include property damage (1) arising out of operations property damage (1)arising out of the explosion of air or steam performed for the named insured by independent contractors, vessels, piping under pressure, prime movers, machinery or CONDITIONS j or (2) included within the completed operations hazard or the power transmitting equipment, or (2) arising out of operations 1. Premium All premiums for this policy shall be computed in as proof of financial responsibility for the future under the underground property damage hazard, or (3) for which liability performed-for the named insured by independent contractors, j accordance with the company's rules, rates, rating plans, pre- provisions of any motor vehicle financial responsibility law, is assumed by the insured under an incidental contract; or (3) included within the completed operations hazard or the ! miums and minimum premiums applicable to the insurance such insurance as is afforded by this policy for bodily injury ! "completed operations hazard" includes bodily injury and underground property damage hazard, or (4) for which liability afforded herein. liability or for property damage liability shall comply with the is assumed by the insured under an incidental contract; Premium designated provisions of such law to the extent of the coverage property damage arising out of operations or reliance upon a gnated in this policy as advance premium ge and representation or warranty made at any time with respect is a deposit premium only which shall be credited to the limits of liability required by such law. The insured agrees thereto, but only if the bodily injury or property damage occurs 'incidental contract" means any written (1) lease of pre- amount of the earned premium due at the end of the policy to reimburse the company for any payment made by the com- after such operations have been completed or abandoned and mises, (2) easement agreement, except in connection with period. At the close of each period (or part thereof terminating pany which it would not have been obligated to make under occurs away from premises owned by or rented to the named construction or demolition operations on or adjacent to a with the end of the policy period) designated in the declara the terms of this policy except for the agreement contained insured. "Operations" include materials, parts or equipment railroad, (3) undertaking to indemnify a municipality required tions as the audit period the earned premium shall be com- in this paragraph. furnished in connection therewith. Operations shall be deemed by municipal ordinance, except in connection with work for puted for such period and, upon notice thereof to the completed at the earliest of the following times: the municipality, (4) sidetrack agreement, or (5) elevator named insured, shall become due and payable. If the total 4. Insures Duties in the Event of Occurrence, Claim or Suit maintenance agreement; earned premium for the policy period is less than the premium (a) In the event of an occurrence, written notice containing (1) when all operations to be performed by or on behalf of the previously paid, the company shall return to the named insured particulars sufficient to identify the insured and also named insured under the contract have been completed, insured means any person or organization qualifying as the unearned portion paid by the named insured. an insured in the "Persons Insured" provision of the applicablesurance coverage. The insurance afforded applies separately reasonably obtainable information with respect to the time, j (2) when all operations to be performed by or on behalf of the inThe named insured shall maintain records of such informa- place and circumstances thereof, and the names and named insured at the site of the operations have been ito nsurance insured against whom claim is made or suit is tion as is necessary for premium computation, and shall send addresses of the injured and of available witnesses, shall completed, or brought, except with respect to the limits of the company's copies of such records to the company at the end of the be given by or for the insured to the company or any of policy h tiitauthorized (3) when the portion of the work out of which the injury or liability; y panasuch during the policy period as s auorized agents as soon as practicable. the company may direct. damage arises has been put to its intended use by any r (b) If claim is made or suit is brought against the insured person or organization other than another contractor or "mobile equipment" means a land vehicle (including any 1 2. Inspection and Audit The company shall be permitted but the insured shall immediately forward to the company every subcontractor engaged in performing operations for a prin. machinery or apparatus attached thereto), whether or not not obligated to inspect the named insured's property and demand, notice, summons or other process received by ci al as a art of the same project. self-propelled, (1) not subject to motor vehicle registration, or l operations at an time. Neither the company's right to make him or his representative. P P P 11 g p yI (2) maintained for use exclusively on premises owned by or inspections nor the making thereof nor any report thereon (c) The insured shall cooperate with the company and, upon Operations which may require further service or maintenance rented to the named insured, including the ways immediately shall constitute an undertaking, on behalf of or for the benefit the company's request, assist in making settlements, in work, or correction, repair or replacement because of any adjoining, o.r (3) designed for use principally off public roads, of the named insured or others, to determine or warrant that the conduct of suits and in enforcing any right of contri- defect or deficiency, but which are otherwise complete, shall or (4) designed or maintained for the sole purpose of affording such property or operations are safe or healthful, or are in bution or indemnity against any person or organization be deemed completed. mobility to equipment of the following types forming an compliance with any law, rule or regulation. who may be liable to the insured because of injury or The completed operations hazard does not include bodily integral part of or permanently attached to such vehicle: The company may examine and audit the named insured's damage with respect to which insurance is afforded under power cranes, shovels, loaders, diggers and drills; concrete y g policy period and this policy; and the insured shall attend hearings and trials injury or property damage arising out of books and records at an time Burin the olic mixers (other than the mix-in-transit type); graders, scrapers, extensions thereof and within three years after the final ter- and assist in securing and giving evidence and obtaining (a) operations in connection with the transportation of proper- rollers and other road construction or repair equipment; urination of this otic as far as the relate to the subject the attendance of witnesses. The insured shall not exce ty, unless the bodily injury or property damage arises out air-compressors, pumps and generators, including spraying, policy, y at his own cost voluntarily make an Pt of a condition in or on a vehicle created by the loading or welding and building cleaning equipment; and geophysical matter of this insurance. Y Y payment, assume any obligation or incur any expense other than for first unloading thereof, exploration and well servicing equipment; 3. Financial Responsibility Laws When this policy is certified aid to others at the time of accident. j 7 5. Action Against Company No action shall lie against the 8. Changes Notice to any agent or knowledge 'possessed by NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT company unless, as a condition precedent thereto, there shall any agent or by any other person shall not effect.a waiver or (Broad Form) j have been full compliance with all of the terms of this policy, a chane in an art of this policy or estop the company from This endorsement modifies the provisions of the policy relating to ALL AUTOMOBILE LIABILITY, GENERAL LIABILITY AND MED- P p Y g YP P Y P P Y nor until the amount of the insured's obligation to pay shall asserting any right under the terms of this policy; nor shall ICAL PAYMENTS INSURANCE OTHER THAN FAMILY AUTOMOBILE, SPECIAL PACKAGE AUTOMOBILE, COMPREHENSIVE PERSONAL have been finally determined either by judgment against the the terms of this policy be waived or changed, except by AND FARMER'S COMPREHENSIVE PERSONAL INSURANCE. insured after actual trial or by written agreement of the endorsement issued to form a part of this policy. It is agreed that: insured, the claimant and the company. I. The policy does not apply: 9. Assignment Assignment of interest under this policy shall Any person or organization or the legal representative there- not bind the company until its consent is endorsed hereon; if, A. Under any Liability Coverage, to bodily injury or property damage of who has secured such judgment or written agreement shall however, the named insured shall die, such insurance as is (1) with respect to which an insured under the policy is also an insured under a nuclear energy liability policy issued by thereafter be entitled to recover under this policy to the extent afforded by this policy shall apply (1) to the named insured's Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters or Nuclear Insurance of the insurance afforded by this policy. No person or organ, legal representative as the named insured but only while Association of Canada, or would be an insured under any such policy but for its termination upon exhaustion of its ization shall have any right under this policy to join the com s such and 2 with limit of liability; or f his duties a ,. in within the scope o ) acting P thn as a art to an action against the insured to determine properties of nuclear material and with respect to which (a) any person or organization ;Ilei eyinsured's liability nor shall the company be impleaded respect to the property of the named insured, to the person (2) resulting from the hazardous prop P t the insured ab his legalh representative. Bankruptcy i or in having proper temporary custody thereof, as insured, but only is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, solvency of the insured or of he insured's estate shall not ates of until the appointment and qualification of the legal represen America,or ) the orn any ages, or had this ncy thereof, under any agrreementnot been dwould e entered into entitled the UnitedStatesfrom of America,nor any agency relieve the company of any of its obligations hereunder. tative. thereof, with any person or organization. 10. Three Year Policy If this policy is issued for a period of. B. Under any Medical Payments Coverage, or under any Supplementary Payments provision relating to first aid, to expenses 6. Other Insurance The insurance afforded by this polity is three years any limit of the company's liability stated in this � primary insurance, except when stated to apply in excess of polciy as "aggregate" shall apply separately to each consecu- incurred with respect to bodily injury resulting from the hazardous properties of nuclear material and arising out of the � operation of a nuclear facility by any person or organization. or contin ent u on the absence of other insurance. When this tive annual period thereof. insurance is primary and the insured has other insurance which P C. Under any Liability Coverage, to bodily injury or property damage resulting from the hazardous properties of nuclear is stated to be applicable to the loss on an excess or contin- 11. Cancelation This policy may be canceled by the named material, if gent basis, the amount of the company's liability under this insured by mailing to the company written notice stating when (1) the nuclear material (a) is at any nuclear facility owned by, or operated by or on behalf of, an insured or (b) has been policy shall not be reduced by the existence of such other thereafter the cancelation shall be effective. This policy may discharged or dispersed therefrom; b mailing to the named insured contained in spent fuel or waste at an time possessed, handled, used, processed, stored, insurance. be canceled by the company y g (2) the nuclear material is co p y P I�. When both this insurance and other insurance apply to the at the address shown in this policy, written notice stating transported or disposed of by or on behalf of an insured; or loss on the same basis, whether primary, excess or contingent, when not less than ten days thereafter such cancelation shall (3) the bodily injury or property damage arises out of the furnishing by an insured of services, materials, parts or equip- be effective. The mailing of notice as aforesaid shall be ment in connection with the planning, construction, maintenance, operation or use of any nuclear facility, but if such the company shall not be liable under this policy for a greater P . g k sufficient proof of notice. The effective date and hour of facility is located within the United States of America, its territories or possessions or Canada, this exclusion (3) f proportion of the loss than that stated in the applicable con- Y f cancelation stated in the notice shall become the end of the applies only to property damage to such nuclear facility and an property thereat. tribution provision below: PP y P P y g y Y P P Y h policy period. Delivery of such written notice either by the IIAs used in this endorsement: (a) Contribution by Equal Shares. If all of such other valid and named insured or by the company shall be equivalent to . collectible insurance provides for contribution by equal mailing. "hazardous properties" include radioactive, toxic or explosive properties; shares, the company shall not be liable for a greater pro- If the named insured cancels, earned premium shall be "nuclear material" means source material, special nuclear material or byproduct material; portion of such loss than would be payable if each insurer computed in accordance with the customary short rate table "source material", "special nuclear material", and "byproduct material" have the meanings given them in the Atomic contributes an equal share until the share of each insurer and procedure. If the company cancels, earned premium shall Energy Act of 1954 or in any law amendatory thereof; equals the lowest applicable limit of liability under any be computed pro rata. Premium adjustment may be made "spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a one policy or the full amount of the loss is paid, and with either at the time cancelation is effected or as soon as nuclear reactor; respect to any amount of loss not so paid the remaining practicable after cancelation becomes effective, but payment "waste" means any waste material (1) containing byproduct material and (2) resulting from the operation by any person or insurers then continue to contribute equal shares of the or tender of unearned premium is not a condition of cancela- organization of any nuclear facility included within the definition of nuclear facility under paragraph (a) or (b) thereof; remaining amount of the loss until each such insurer has paid its limit in full or the full amount of the loss is paid. tion. "nuclear facility" means (b) Contribution by Limits. If any of such other insurance does 12. Declarations By acceptance of this policy, the named (a) any nuclear reactor, insured agrees that the statements in the declarations are (b) any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or not provide for contribution by equal shares, the company his agreements and representations, that this policy is issued utilizing spent fuel, or (3) handling, processing or packaging waste, shall not be liable for a greater proportion of such loss in reliance upon the truth of such representations and that this (c) any equipment or device used for the processing, fabricating or alloying of special nuclear material if at any time the than the applicable limit of liability under this policy for policy embodies all agreements existing between himself and total amount of such material in the custody of the insured at the premises where such equipment or device is located such loss bears to the total applicable limit of liability of the company or any of its agents relating to this insurance. consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 all valid and collectible insurance against such loss. 13. Mutual Policy Conditions. PARTICIPATION CLAUSE WITHOUT grams of uranium 235, P osal o (d) any structure, basin, excavation, premises or place prepared or used for the storage or disf waste, and includes 7. Subrogation In the event of any payment under this policy, CONTINGENT LIABILITY. No Contingent Liability: This policy is the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such the company shall be subrogated to all the insured's rights nonassessable. The policyholder is a member of the company tions; of recovery therefor against any person or organization and and shall participate, to the extent and upon the conditions opera "nuclear tions;reactor" means any apparatus designed or used to sustain nuclear fission in a seIf-supporting chain reaction or to the insured shall execute and deliver instruments and papers fixed and determined by the Board of Directors in accordance contain a critical mass of fissionable material; and do whatever else is necessary to secure such rights. The with the provisions of law, in the distribution of dividends so insured shall do nothing after loss to prejudice such rights. fixed and determined. "property damage" includes all forms of radioactive contamination of property. NEW YORK EXCEPTION: The "Nuclear Energy Liability Exclusion Endorsement (Broad Form)" does not apply to Automobile Lia- IN WITNESS WHEREOF, the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company has caused this policy to be signed by bility Insurance in New York. its president and secretary at Wausau,Wisconsin,and countersigned on the declarations page by a duly authorized representative All other provisions and conditions remain unchanged. of the company. Issued by the Company providing the insurance afforded by this policy as designated on the declarations page made a part hereof. Secretary President A0009 G320 RfibiM ESTABLISHED 1954 JAN 12' 1982 ad BOIII W GENERAL CONTRACTORS 56 COMSEWOGUE ROAD EAST SETAUKET, N.Y. 11733 GEORGE W.LYON.PRESIDENT MAIN OFFICE WILLIAM J.LYON.EXEC.VICE PRESIDENT TELEPHONE: PHILIP J.COWARD.VICE PRESIDENT 1516!47:3-02M) PETER D.HOUGH,SEC.TREASURER (516)47:940M) January 7 1982 Town of Southold Town Hall Main Road Southold New York 11971 Re: New Suffolk Avenue Gentlemen Enclosed herewith is our Insurance Policy showing proof of coverage for the project that we are currently under contract to do within your jurisdiction. Said policy may be retained by you for your files If you should have any questions, please 'do not hesitate to call either myself or Mr Norman Kelly in our office Thank you Very truly yours LYON OLI, INC. Devra J Hadi on Enclosure - as stated AN EQUAL OPPORTUNITY EMPLOYER" Wausau Insurance companies COMBINATION CASUALTY POLICY 0522 05 095351 PLEASE READ YOUR POLICY Item 1.Named Insured and Addres. TOWN AND/OR TOWN BOARD, TOWN OF SOUTHOLD AND/OR HOLZMACHER, ., k MC LENDON & MURRELL, P.C. TOWN HALL MAIN ROAD SOUTHOLD, NY 11971 Item 2.Policy Period:. 10 21 81 to 10 21 82 THIS POLICY IS NONASSESSABLE The insurance afforded is only with resnart to surh rnuorn - MUTUALS-MEMBERSHIP AND VOTING NOTICE: The insured is notified that by virtue of this policy, he is a member of the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, and is entitled to vote either in person or by proxy at any and all meetings of said company. The annual Meetings are held at its home office at Wausau, Wisconsin, on the fourth Friday of May, in each year, at 9:00 A.M. Employers Insurance of Wausau A Mutual Company HOME OFFICE: WAUSAU, WISCONSIN (Herein called the company) In consideration of the payment of the premium, in reliance upon the statements in the declarations made a part hereof and subject to all of the terms of this policy, agrees with the named insured as follows: COVERAGES The insurance afforded by this policy is only with respect to such Coverages as are indicated by specific premium charge or charges in the appropriate Coverage Schedule or Schedules of the Coverage Part or Parts attached to and hereby made a part of this policy. SUPPLEMENTARY PAYMENTS The company will pay, in addition to the applicable limit of court that part of the judgment which does not exceed liability: the limit of the company's liability thereon-, (a) all expenses incurred by the company, all costs taxed (b) premiums on appeal bonds required in any such suit, pre- against the insured in any suit defended by the company miums on bonds to release attachments in any such suit and all interest on the entire amount of any judgment for an amount not in excess of the applicable limit of therein which accrues after entry of the judgment and liability of this policy, and the cost of bail bonds required before the company has paid or tendered or deposited in of the insured because of accident or traffic law violation 9-79 60.1.1 u Insurance Comte CO (NATION CASUALTY POLICY DECLARATIONS Policy Number 0522 05 095351 Item 1.Named Insured and Address l TOWN AND/OR TOWN BOARD, TOWN OF Insured is: MUN I C I PAL I TY SOUTHOLD AND/OR HOLZMACHER, MC LENDON & MURRELL, P.C. Adjustment of premium shall be made:ANNUALLY TOWN HALL MAIN ROAD SOUTHOLD, NY 11971 Business of Insured is: Item 2.Policy Period: 10 21 81 to 10 21 82 12:01 A.M., standard time at address of the named insured as stated herein. 3.The insurance afforded is only with respect to such Coverages as are indicated by specific premium charge or charges in the appropriate Coverage Schedule or Schedules of the Coverage Part or Parts attached to this policy.The limit of the company's liability against each such coverage shall be as stated in the appropriate Coverage Schedule or Schedules for the Coverage Part or Parts attached to this policy. SUMMARY OF INSURANCE AND PREMIUM CHARGES PREMIUM CHARGES OWNERS' AND CONTRACTORS' PROTECTIVE LIABILITY INSURANCE $ 100 Endorsements L$ Amount Due $ 100 Coverage Parts 560-9-1.1 Issued by: (X) EMPLOYERS INSURANCE OF WAUSAU A Mutual Company Attached to Form 60-1.1 and Coverage Parts shown above. ( 1 ILLINOIS EMPLOYERS INSURANCE OF WAUSAU Attached to Form J60-1.1 and Coverage Parts shown above. ( 1 WAUSAU UNDERWRITERS INSURANCE COMPANY Attached to Form W60.1 and Coverage Parts shown above. ( } WORLDWIDE UNDERWRITERS INSURANCE COMPANY Attached to Form W60-1 and Coverage Parts shown above. Countersigned by A rized Company Representative Bur. 9-79 M60-1.2 PRTD. USA OWNERS'AND COFACTORS'PROTECTIVE LIABILITY INSURANCIOVERAGE PART COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR Named Insured TOWN AND/OR TOWN BOARD, TOWN OF SOUTHOLD AND/OR HOLZMACHER, MC LENDON & MURRELL, P.C. Policy Number 0522 05 095351 COVERAGE SCHEDULE 1. The insurance afforded is only with respect to such of the following Coverages as are indicated by specific premium charge or charges.The limit of the company's liability against each such Coverage shall be as stated herein,subject to all the terms of this policy having reference thereto. L COVERAGE'S LIMITS OF LIABILITY ADVANCE PREMIUM Each Occurrence Aggregate A—Bodily Injury Liability $ 1,000,000 $ 35 B—Property Damage Liability $ 500,000 $ 1,000,000 $ 65 Total Advance Premium is 100 2. The declarations are completed on the accompanying schedule(s) designated "General Liability Hazards". 3. Designation of Contractor LYON & REBOLI, INC. 4. Mailing Address 56 COMSEWOGUE RD., EAST SETAUKET, NY 11733 5. Location of Covered Operations SEE SCHEDULE 6. [XCheck here if the following provision is applicable: The person or organization designated above as the Contractor has undertaken to pay the premium for this policy and shall be entitled to receive any return premiums and dividends, if any, which may become payable under the terms of this policy. COVERAGES 1. COVERAGE A—BODILY INJURY LIABILITY COVERAGE B—PROPERTY DAMAGE LIABILITY The company will pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of Coverage A.bodily injury or ('overage B.property damage to which this policy applies, caused by an occurrence and arising out of (1) operations performed for the named insured by the contractor designated in the declarations at the location designated therein or (2) acts or omissions of the named insured in connection with his general supervision of such operations, and the company shall have the right and duty to defend any suit against the insured seeking damages on account of such bodily injury or property damage, even if any of the allegations of the suit are groundless, false or fraudulent, and may make such investigation and settlement of any claim or suit as it deems expedient, but the company shall not be obligated to pay any claim or judgment or to defend any suit after the applicable limit of the company's liability has been exhausted by payment of judgments or settlements. Exclusions This policy does not apply: (a)to liability assumed by the insured under any contract or agreement except an incidental contract;but this exclusion does not apply to a warranty that work performed by the designated contractor will be done in a workmanlike manner; (b)to bodily injury or property damage occurring after (I)all work on the project (other than service, maintenance or repairs)to be performed by or on behalf of the named insured at the site of the covered operations has been completed or (2)that portion of the designated contractor's work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project; • (c)to bodily injury or property damage arising out of any act or omission of the named insured or any of his employees,other than general supervision of work performed for the named insured by the designated contractor; (d)to any obligation for which the insured or any carrier as his insurer may be held liable under any workmen's compensation, unemployment compensation or disability benefits law,or under any similar law; (e)to bodily injury to any employee of the insured arising out of and in the course of his employment by the insured or to any obligation of the insured to indemnify another because of damages arising out of such injury;but this exclusion does not apply to liability assumed by the insured under an incidental contract; (f) to property damage to (1)property owned or occupied by or rented to the insured, (2)property used by the insured, (3)property in the care,custody or control of the insured or as to which the insured is for any purpose exercising physical control, or (4)work performed for the insured by the designated contractor; (g)to bodily injury or property damage due to war, whether or not declared, civil war, insurrection,rebellion or revolution or to any act or condition incident to any of the foregoing, with respect to (1) liability assumed by the insured under an incidental contract, or (2) expenses for first aid under the Supplementary Payments provision of the policy; (h)to bodily injury or property damage arising out of the ownership,maintenance,operation,use,loading or unloading of any mobile equipment while being used in any prearranged or organized racing,speed or demolition contest or in any stunting activity or in practice or preparation for any such contest or activity; (i) to bodily injury or property damage arising out of the discharge, dispersal, release or escape of smoke,vapors,soot,fumes,acids,alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any water course or body of water;but this exclusion does not apply if such discharge,dispersal,release or escape is sudden and accidental; 0) to loss of use of tangible property which has not been physically injured or destroyed resulting from (1)a delay in or lack of performance by or on behalf of the named insured of any contract or agreement,or (2)the failure of the named insured's products or work performed by or on behalf of the named insured to meet the level of performance, quality, fitness or durability warranted or represented by the named insured; but this exclusion docs not apply to loss of use of other tangible property resulting from the sudden and accidental physical injury to or destruction of the named insured's products or work performed by or on behalf of the named insured after such products or work have been put to use by any person or organization other than an insured. (M)5-81 560-9-1.1 Page 1 of 2 Pages OWNERS' AND CONTRACTORS'PROTECTIVE LIABILITY INSURANCE COVERAGE PART(Continued) 11. PERSONS INSURED Each of the following is an insured under this policy to the extent set forth below: (a)if the named insured is designated in the declarations as an individual, the person so designated and his spouse; (b)if the named insured is designated in the declarations as a partnership or joint venture, the partnership or joint venture so designated and any partner or member thereof but only with respect to his liability as such; (c)if the named insured is designated in the declarations as other than an individual, partnership or joint venture, the organization so designated and any executive officer,director or stockholder thereof while acting within the scope of his duties as such; and (d)any person (other than an employee of the named insured) or organization while acting as real estate manager for the named insured. 4 IILLIMITS OF LIABILITY Regardless of the number of (1) insureds under this policy, (2) persons or organizations who sustain bodily injury or property damage, or (3) claims made or suits brought on account of bodily injury or property damage,the company's liability is limited as follows: Coverage A—The total liability of the company for all damages, including damages for care and loss of services,because of bodily injury sustained by one or more persons as the result of any one occurrence shall not exceed the limit of bodily injury liability stated in the schedule as applicable to "each occurrence". Coverage B—The total liability of the company for all damages because of all property damage sustained by one or more persons or organizations as the result of any one occurrence shall not exceed the limit of property damage liability stated in the schedule as applicable to "each occurrence". Subject to the above provision respecting "each occurrence",the total liability of the company for all damages because of all property damage to which this coverage applies shall not exceed the limit of property damage liability stated in the schedule as "aggregate". If more than one project is designated in the schedule, such aggregate limit shall apply separately with respect to each project. Coverages A and B—For the purpose of determining the limit of the company's liability, all bodily injury and property damage arising out of continuous or repeated exposure to substantially the same general conditions shall be considered as arising out of one occurrence. IV.ADDITIONAL DEFINITION When used in reference to this insurance (including endorsements forming a part of the policy): "work"includes materials, parts and equipment furnished in connection therewith. V. POLICY TERRITORY This policy applies only to bodily injury or property damage which occurs within the policy territory. Issued by the Company providing the insurance afforded by this policy as designated on the declarations page made a part hereof. (M)5-81 560-9-1.1 Page 2 of 2 Pages GENERAL LIABILITY HAZARDS TOWN AND/OR TOWN BOARD, TOWN OF SOUTHOLD AND/OR Named Insured: HOLZMACHER, MC LENDON & M.URRELL, P.C. Policy No. 0522 05 095351 Schedule No. 1 � Rates Estimated Premiums Description of Hazard; Item Code Premium Bases Property do (Show Summary of Premium When Applicable) No. Number Bodily Property Bodily �9e o Injury Damage Injury M �p (a)Area (Sq.Ft.) (a) Per 100 Sq.Ft.of Area (b) Frontage (b) Per Linear Foot 0 (c) Payroll (c) Per$100 of Payroll C CONTRACT #SORT-06—B, PLACING BINDER TOP (d)Total Cost (d)Per$100 of Total Cost D AND SHOULDER COURSE ASPHALT CONCRETE ON (e) Receipts (e) Per$1,000 of Receipts NEW SUFFOLK AVE., TOWN OF SOUTHOLD, D D D SUFFOLK, NY CONSTRUCTION OPERATIONS—OWNER (NOT • RAILROADS—EXCLUDING OPERATIONS ON BOARD SHIPS -16292 (315) FIRST $ 500,000 1 41,600 .085 .031 NEXT $ 500,000 2 IF ANY .043 .016 OVER $1,000,000 3 IF ANY .014 .004 MINIMUM PREMIUM BI. $28 PD $41 " POLICYWRITING MINIMUM 100 WAUSAU INSURANCE COMPANIES ipusau Insurance Compani ENDORSEMENT. Invoice Number Invoice Date Amount Due End. Alpha Code Policy Number Assn. No. T Representative 0522 05 095351 1 Named Insured and Address A TOWN AND/OR TOWN BOARD, TOWN OF { SOUTHOLD AND/OR HOLZMACHER, MC LENDON & MURRELL, P.C. Audit Period: This Endorsement is effective 10 21 81 and will terminate with the policy. Policy Period: to 12:01 A.M., standard time at the address of the named insured as stated herein. Invoice/Rating Period: to THIS ENDORSEMENT MODIFIES THE CANCELATION CONDITION AND IS APPLICABLE TO ALL INSURANCE AFFORDED BY THE POLICY. CANCELATION BY THE COMPANY ENDORSEMENT IT IS AGREED THE CANCELATION CONDITION OF THE POLICY IS AMENDED TO PROVIDE THAT, WITH RESPECT TO CANCELATION BY THE COMPANY, EXCEPT FOR CANCELATION FOR NONPAYMENT OF PREMIUM, THE EFFECTIVE DATE OF CANCELATION SHALL BE NOT LESS THAN 30 DAYS AFTER THE MAILING OF NOTICE THEREOF. r G5908 All other provisions and conditions remain unchanged. Issued by the Company providing the insurance afforded by this policy as designated on the declarations page made a part hereof. Ausau insurance companieO PERSONS INSURED EXECUTIVE OFFICERS AND EMPLOYEES End. Policy Number Assn. No. T Producer Alpha Code 0522 05 095351 2 Named Insured and Address • TOWN AND/OR TOWN BOARD, TOWN OF SOUTHOLD AND/OR HOLZMACHER, c MC LENDON C MURRELL, P.C. This Endorsement is effective 10 21 81 and will terminate with the policy. Policy Period: to 12:01 A.M., standard time at the address of the named insured as stated herein. This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following: ( ) COMPREHENSIVE GENERAL LIABILITY INSURANCE ( ) MANUFACTURERS' AND CONTRACTORS' LIABILITY INSURANCE ( ) OWNERS', LANDLORDS' AND TENANTS' LIABILITY INSURANCE ( X ) OWNERS' AND CONTRACTORS' PROTECTIVE LIABILITY INSURANCE ( STOREKEEPERS' INSURANCE It is agreed that the "Persons Insured" provision is amended as follows: 1. Subdivision (c) is replaced by the following: (c) if the named insured is designated in the declarations as other than an individual,partnership or joint venture,the organization so designated and (i) any director or stockholder thereof while acting within the scope of his duties as such; and (ii) any executive officer of the named insured while acting within the scope of his employment for the named insured. The term "executive officer" means any person holding any of the officer positions created by the charter or bylaws of the named insured. 2. The word "insured"also includes any employee of the named insured while acting within the scope of his employment r for the named insured; provided, that no person shall be an insrued under this paragraph with respect to: (a) bodily injury to (i) any fellow employee of such person injured in the course of his employment or(ii)the named insured or (iii) if the named insured is a partnership or joint venture, any partner or member thereof; (b) property damage to property owned,occupied or used by,rented to,in the care,custody or control of,or over which physical control is being exercised for any purpose of(i)another employee of the named insured or(ii)the named insured or, if the named insured is a partnership or joint venture, any partner or member thereof. All other provisions and conditions remain unchanged. Issued by the Company providing the insurance afforded by this policy as designated on the declarations page made a part hereof. (M) 10-76 515-5692 G5411 WU sau Insurance Compani ENDORSEMENT Invoice Number Invoice Date Amount Out a E nd. Policy Number Assn. No. T Representative Alpha Code 0522 05 095351 3 Named Insured and Address i TOWN AND/OR TOWN BOARD, TOWN OF SOUTHOLD AND/OR HOLZMACHER, MC LENDON S MURRELL, P.C. � Audit Period: This Endorsement is effective 10 21 81 and will terminate with the policy. Policy Period: to 12:01 A.M., standard time at the address of the named insured as stated herein. Invoice/Rating Period: to THIS ENDORSEMENT MODIFIES SUCH INSURANCE AS IS AFFORDED BY THE PROVISIONS OF THE POLICY RELATING TO THE FOLLOWING: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY INSURANCE AGGREGATE LIMIT OF LIABILITY ENDORSEMENT IT IS AGREED THAT: 1 . CONDITION 10, CAPTIONED THREE—YEAR POLICY, IS DELETED; AND 2. THE PREAMBLE OF THE LIMITS OF LIABILITY PROVISION IS REPLACED BY THE FOLLOWING: REGARDLESS OF THE NUMBER OF (1) INSUREDS UNDER THIS POLICY, (2) PERSONS OR ORGANIZATIONS WHO SUSTAIN BODILY INJURY OR PROPERTY DAMAGE, OR (3) CLAIMS MADE OR SUITS BROUGHT ON ACCOUNT OF BODILY INJURY OR PROPERTY DAMAGE, AND REGARDLESS OF THE LENGTH OF THE POLICY PERIOD, THE COMPANY'S LIABILITY IS LIMITED AS FOLLOWS: G5727 All other provisions and conditions remain unchanged. Issued by the Company providing the insurance afforded by this policy as designated on the declarations page made a part hereof. ___ arising out of the use of any vehicle to which this policy policy applies; "named insured" means the person or organization named "products hazard" includes bodily injury and property dam- applies, not to exceed $250 per bail bond, but the com- (d) reasonable expenses incurred by the insured at the com- in Item 1. of the declarations of this policy; age arising out of the named insured's products or reliance pany shall have no obligation to apply for or furnish any upon a representation or warranty made at any time with such bonds; pany's request in assisting the company in the investiga named insureds products means goods or products man- respect thereto, but only if the bodily injury or property dam- tion or defense of any claim or suit, including actual loss ufactured, sold, handled or distributed by the named insured r (c) expenses incurred by the insured for first aid to others of earnings not to exceed $25 per day. orb others trading under his name, including an container age occurs away from premises owned io or rented o the Y g g y named insured and after physical possession of such products 1 at the time of an accident, for bodily injury to which this thereof (other than a vehicle), but "named insured's products" has been relinquished to others; ° shall not include a vending machine or any property other !. DEFINITIONS than such container, rented to or located for use of others "property damage" means (1) physical injury to or destruc• but not sold; tion of tangible property which occurs during the policy period, When used in this policy (including endorsements forming (b) the existence of tools, uninstalled equipment or abandoned including the loss of use thereof at any time resulting there a part hereof): or unused materials, or occurrence means an accident, including continuous or from, or (2) loss of use of tangible property which has not been repeated exposure to conditions, which results in bodily injury physically injured or destroyed provided such loss of use is "automobile" means a land motor vehicle trailer or semi- (c) operations for which the classification stated in the policy or property damage neither expected nor intended from the caused b an occurrence during the policy g p g y or in the company's manual specifies "including completed 1 stand y g p y period; trailer designed for travel on public roads (including anP g P J point of the insured; „ 1 I machinery or apparatus attached thereto), but does not in- operations"; underground property damage hazard" includes under- policy territory" means: ground property damage as defined herein and property dam. 4 "elevator" means any hoisting or lowering device to connect age to any other property at any time resulting therefrom. I' "bodily injury" means bodily injury, sickness or disease floors or landings, whether or not in service, and all appliances (1) the United States of America, its territories or possessions, "Underground property damage" means property damage to or Canada or wires, conduits y sustained by any person which occurs during the policy thereof including any car, platform, shaft, hoistway, stairway, , pipes, mains, sewers tanks tunnels an period, including death at any time resulting therefrom; runway, power equipment and machinery; but does not include (2) international waters or air space, provided the bodily injury similar property, and any apparatus in connection therewith, an automobile servicing hoist, or a hoist without a platform or property damage does not occur in the course of travel beneath the surface of the ground or water, caused by and "collapse hazard" includes "structural property damage" outside a building if without mechanical power or if not or transportation to or from any other country, state or occurring during the use of mechanical equipment for the as defined herein and property damage to any other property attached to building walls, or a hod or material hoist used in nation, or purpose of grading land, paving, excavating, drilling, borrowing, at any time resulting therefrom. "Structural property dam- alteration, construction or demolition operations, or an inclined filling, back-filling or pile driving. The underground property age" means the collapse of or structural injury to any building conveyor used exclusively for carrying property or a dumb- (3) anywhere in the world with respect to damages because of damage hazard does not include property damage (1) arising or structure due to (1) grading of land, excavating, borrowing, waiter used exclusively for carrying property and having a bodily injury or property damage arising out of a product out of operations performed for the named insured by inde- filling, back-filling, tunneling, pile driving, cofferdam work or compartment height not exceeding four feet; which was sold for use or consumption within the territory pendent contractors, or(2) included within the completed oper caisson work or (2) moving, shoring, underpinning, raising or described in paragraph (1) above, provided the original suit ations hazard, or (3) for which liability is assummed by the demolition of any building or structure or removal or rebuild- "explosion hazard" includes property damage arising out of for such damages is brought within such territory; insured under an incidental contract. . ing of any structural support thereof. The collapse hazard does blasting or explosion. The explosion hazard does not include not include property damage (1) arising out of operations property damage (1)arising out of the explosion of air or steam performed for the named insured b independent contractors, CONDITIONS p Y P vessels, piping under pressure, prime movers, machinery or or (2) included within the completed operations hazard or the power transmitting equipment, or (2) arising out of operations 1. Premium All premiums for this policy shall be computed in as proof of financial responsibility for the future under the underground property damage hazard, or (3) for which liability performed for the named insured by independent contractors, accordance with the company's rules, rates, rating plans, pre- provisions of any motor vehicle financial responsibility law, is assumed by the insured under an incidental contract; or (3) included within the completed operations hazard or the miums and minimum premiums applicable to the insurance such insurance as is afforded by this policy for bodily injury „ . underground property damage hazard, or (4) for which liability afforded herein. provisionbility s of ofr property wdto he liability ofall theocovewith the rage and I� completed operations hazard includes bodily injury and is assumed by the insured under an incidental contract; Premium designated in this policy as advance premium property damage arising out of operations or reliance upon a is a deposit premium only which shall be credited to the limits of liability required by such law. The insured agrees representation or warranty made at any time with respect "incidental contract" means any written (1) lease of pre- amount of the earned premium due at the end of the policy to reimburse the company for any payment made by the com- thereto, but only if the bodily injury or property damage occurs mises, (2) easement agreement, except in connection with period. At the close of each period (or part thereof terminating pany which it would not have been obligated to make under after such operations have been completed or abandoned and construction or demolition operations on or adjacent to a with the end of the policy the terms of this policy except for the agreement occurs awayfrom remises owned b or rented to the named P 1 p y period) designated in the declara- P Y P a Bement contained premises y railroad, (3) undertaking to indemnify a municipality required tions as the audit period the earned premium shall be com- in this paragraph. insured. Operations include materials, parts or equipment b municipal ordinance, except in connection with work for uteri for such furnished in connection therewith. Operations shall be deemed Y P P p period and, upon notice thereof to the P the municipality, (4) sidetrack agreement, or (5) elevator named insured, shall become due and payable. If the total 4. Insureds Duties in the Event of Occurrence, Claim or Suit completed at the earliest of the following times: earned premium for the otic period is less than the premium maintenance agreement; P policy P P (a) In the event of an occurrence, written notice containing (1) when all operations to be performed by or on behalf of the previously paid, the company shall return to the named insured particulars sufficient to identify the insured and also named insured under the contract have been completed, "insured" means any person or organization qualifying as the unearned portion paid by the named insured. reasonably obtainable information with respect to the time, (2) when all operations to be performed by or on behalf of the an insured in the "Persons Insured" provision of the applicable The named insured shall maintain records of such informa- place and circumstances thereof, and the names and insurance coverage. The insurance afforded applies separately tion as is necessaryfor premium com addresses of the in named insured at the site of the operations have been to each insured against whom claim is made or suit is p computation, and shall send injured and of available witnesses, shall completed, or g copies of such records to the company at the end of the be given by or for the insured to the company or any of brought, except with respect to the limits of the company's policy its authorized agents as soon as practicable. p y period and at such times during the policy period as g (3) when the portion of the work out of which the injury or liability; the company may direct. damage arises has been put to its intended use by any (b) If claim is made or suit is brought against the insured, means a land vehicle person or organization other than another contractor or "mobile equipment" (including any 2. Inspection and Audit The company shall be permitted but the insured shall immediately forward to the company every subcontractor engaged in performing operations for a prin. machinery or apparatus attached thereto), whether or not not obligated to inspect the named insured's property and demand, notice, summons or other process received by self-propelled, (1) not subject to motor vehicle registration, or operations at an time. Neither the company's ri ht to make him or his representative. cipal as a part of the same project. 1 g P Yg (2) maintained for use exclusively on premises owned by or inspections nor the making thereof nor any report thereon (c) The insured shall cooperate with the company and, upon Operations which may require further service or maintenance rented to the named insured, including the ways immediately shall constitute an undertaking, on behalf of or for the benefit the company's request, assist in making settlements, in work, or correction, repair or replacement because of any adjoining, or (3) designed for use principally off public roads, of the named insured or others, to determine or warrant that the conduct of suits and in enforcing any right of contri- defect or deficiency, but which are otherwise complete, shall or (4) designed or maintained for the sole purpose of affording such property or operations are safe or healthful, or are in bution or indemnity against any person or organization be deemed completed. mobility to equipment of the following types forming an compliance with any law, rule or regulation. who may be liable to the insured because of injury or The completed operations hazard does not include bodily integral part of or permanently attached to such vehicle: The company may examine and audit the named insured's damage with respect to which insurance is afforded under injury or property damage arising out of power cranes, shovels, loaders, diggers and drills; concrete this policy;and the insured shall attend hearings and trials mixers (other than the mix-in-transit type); graders, scrapers, books and records at any time during the policy period and g Yp and assist in securing and giving evidence and obtaining (a) operations in connection with the transportation of proper- rollers and other road construction or repair equipment; extensions thereof and within three years after the final ter p p p p the attendance of witnesses. The insured shall not exce t ty, unless the bodilyinjury or property damage arises out air-compressors, pumps and generators, including spraying, m tier n of this policy, as far as they relate to the subject l ry P P Y g P g gmatter of this insurance. at his own cost, voluntarily make any payment, assume of a condition in or on a vehicle created by the loading or welding and building cleaning equipment; and geophysical any obligation or incur any expense other than for first unloading thereof, exploration and well servicing equipment; 3. Financial Responsibility Laws When this policy is certified aid to others at the time of accident. 5. Action Against Company No action shall lie against the 8. Changes Notice to any agent NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT or knowledge possessed by (Broad Form) company unless, as a condition precedent thereto, there shall any agent or by any other person shall not effect a waiver or have been full compliance with all of the terms of this policy, a change in any part of this policy or estop the company from This endorsement modifies the provisions of the policy relating to ALL AUTOMOBILE LIABILITY, GENERAL LIABILITY AND MED- nor until the amount of the insured's obligation to pay shall asserting any right under the terms of this policy; nor shall ICAL PAYMENTS INSURANCE OTHER THAN FAMILY AUTOMOBILE, SPECIAL PACKAGE AUTOMOBILE, COMPREHENSIVE PERSONAL have been finally determined either by judgment against the the terms of this policy be waived or changed, except by AND FARMER'S COMPREHENSIVE PERSONAL INSURANCE. insured after actual trial or by written agreement of the endorsement issued to form a part of this policy. It is agreed that: insured, the claimant and the company. I. The policy does not apply: An person or organization or the legal representative there- 9. Assignment Assignment of interest under this policy shall Y P g g P A. Under any Liability Coverage, to bodily injury or property damage of who has secured such judgment or written agreement shall not bind the company until its consent is endorsed hereon; if, recover however, the named insured shall die, such insurance as is (1) with respect to which an insured under the policy is also an insured under a nuclear energy liability policy issued by thereafter be entitled to under thisolic to the extent III P y afforded by this policy shall apply (1) to the named insureds Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters or Nuclear Insurance iz the insurance afforded by this policy. No person or organ. legal representative, as the named insured, but only while Association of Canada, or would be an insured under any such policy but for its termination upon exhaustion of its ization shall have any right under this policy to join the com- acting within the scope of his duties as such, and (2) with limit of liability; or puny as a party to any action against the insured to determine P property P g P P p ( y person or organization respect to theof the named insured to the person (2) resulting from the hazardous properties of nuclear material and with respect to which a) an the insureds liability, nor shall the company be impleadedg by the insured or his legal representative. Bankruptcy or in- having proper temporary custody thereof, as insured, but only is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, solvency of the insured or of the insured's estate shall not until the appointment and qualification of the legal represen- or (b) the insured is, or had this policy not been issued would be, entitled to indemnity from the United States of � relieve the company of any of its obligations hereunder. tative. America, or any agency thereof, under any agreement entered into by the United States of America, or any agency 10. Three Year Policy If this policy is issued for a period of thereof, with any person or organization. B. Under an Medical Payments Coverage, y Supplementary y p g p 6. Other Insurance The insurance afforded by this polity is three years any limit of the company's liability stated in this Y Y g , or under an Su lementar Payments provision relating to first aid to expenses primary insurance, except when stated to apply in excess of polciy as "aggregate" shall apply separately to each consecu- incurred with respect to bodily injury resulting from the hazardous properties of nuclear material and arising out of the or contingent upon the absence of other insurance. When this tive annual period thereof. operation of a nuclear facility by any person or organization. insurance is primary and the insured has other insurance which C. Under any Liability Coverage, to bodily injury or property damage resulting from the hazardous properties of nuclear is stated to be applicable to the loss on an excess or contin- 11. Cancelation This policy may be canceled by the named material, if gent basis, the amount of the company's liability under this insured by mailing to the company written notice stating when (1) the nuclear material (a) is at any nuclear facility owned by, or operated by or on behalf of, an insured or (b) has been policy shall not be reduced by the existence of such other thereafter the cancelation shall be effective. This policy may discharged or dispersed therefrom; insurance. be canceled by the company by mailing to the named insured (2) the nuclear material is contained in spent fuel or waste at any time possessed, handled, used, processed, stored, at the address shown in this policy, written notice statin When both this insurance and other insurance apply to the P y, g transported or disposed of by or on behalf of an insured; or loss on the same basis whether rima excess or contingent, when not less than ten days thereafter such cancelation shall y • ry property g g y P q equip - the primary, g (3) the bodily injury ordamage arises out of the furnishing b an insured of services, materials arts or a ui - the com an shall not be liable under this policy for greater be effective. The mailing of notice as aforesaid shall be company P Y g ment in connection with the planning, construction, maintenance, operation or use of any nuclear facility, but if such of the loss than that stated in the applicable con- sufficient p . e and o proportion PP• roof of noticeThe effective datd hf facility is located within the United States of America, its territories or possessions or Canada, this exclusion (3) cancelation stated in the notice shall become the end of the tribution provision below: policy applies only to property damage to such nuclear facility and any property thereat. p y period. Delivery of such written notice either by the II. As used in this endorsement: (a) Contribution by Equal Shares. If all of such other valid and named insured or by the company shall be equivalent to collectible insurance provides for contribution by equal mailing. "hazardous properties" include radioactive, toxic or explosive properties; shares, the company shall not be liable for a greater pro- If the named insured cancels, earned premium shall be "nuclear material" means source material, special nuclear material or byproduct material; portion of such loss than would be payable if each insurer computed in accordance with the customary short rate table "source material", "special nuclear material", and "byproduct material" have the meanings given them in the Atomic contributes an equal share until the share of each insurer and procedure. If the company cancels, earned premium shall Energy Act of 1954 or in any law amendatory thereof; equals the lowest applicable limit of liability under any be computed pro rata. Premium adjustment may be made "spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a one policy or the full amount of the loss is paid, and with either at the time cancelation is effected or as soon as nuclear reactor; respect to any amount of loss not so paid the remaining practicable after cancelation becomes effective, but payment "waste" means any waste material (1) containing byproduct material and (2) resulting from the operation by any person or insurers then continue to contribute equal shares of the or tender of unearned premium is not a condition of cancela- organization of any nuclear facility included within the definition of nuclear facility under paragraph (a) or (b) thereof; remaining amount of the loss until each such insurer has tion. paid its limit in full or the full amount of the loss is paid. "nuclear facility" means (b) Contribution by Limits. If any of such other insurance does 12. Declarations By acceptance of this policy, the named (a) any nuclear reactor, not provide for contribution by equal shares, the company insured agrees that the statements in the declarations are (b) any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or shall not be liable for a greater proportion of such loss his agreements and representations, that this policy is issued utilizing spent fuel, or (3) handling, processing or packaging waste, in reliance upon the truth of such representations and that this than the applicable limit of liability under this policy for policy embodies all agreements existing between himself and (c) any equipment or device used for the processing, fabricating or alloying of special nuclear material if at any time the such loss bears to the total applicable limit of liability of the company or any of its agents relating to this insurance. cototnsists amount nor f such ns more in t25 custody of the insured at the premises where such equipment or device is located all valid and collectible insurance against such loss. grams of plutonium or uranium 233 or any combination thereof, or more than 250 13. Mutual Policy Conditions. PARTICIPATION CLAUSE WITHOUT grams of uranium 235, 7. Subrogation In the event of any payment under this policy, CONTINGENT LIABILITY. No Contingent Liability: This policy is (d) any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste, and includes the company shall be subrogated to all the insured's rights nonassessable. The policyholder is a member of the company the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such of recovery therefor against any person or organization and and shall participate, to the extent and upon the conditions operations; the insured shall execute and deliver instruments and papers fixed and determined by the Board of Directors in accordance is reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to and do whatever else is necessary to secure such rights. The with the provisions of law, in the distribution of dividends so contain a critical mass of fissionable material; insured shall do nothing after loss to prejudice such rights. fixed and determined. "property damage" includes all forms of radioactive contamination of property. NEW YORK EXCEPTION: The "Nuclear Energy Liability Exclusion Endorsement (Broad Form)" does not apply to Automobile Lia- IN WITNESS WHEREOF, the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company has caused this policy to be signed by bility Insurance in New York. its president and secretary at Wausau,Wisconsin,and countersigned on the declarations page by a duly authorized representative All other provisions and conditions remain unchanged. of the company. Issued by the Company providing the insurance afforded by this policy as designated on the declarations page made a part hereof. � ��� Secretary President A0009 G320 HOLZMACHER,McLENDON and MURRELL,P.C. •CONSULTING ENGINEERS,ENVIRONMENTAL SCIENTISTS and PLANNERS I:", fIAY1 IS 6044) M: :S'11 NY 1 I:-fi • !,Ih A September 28, 1981 In7erKutho�a . Supervisor William R. Pell III and Members of the Town Board Town of Southold Main Road Southold, New York 11971 Re: Town of Southold Surface Paving on New Suffolk Avenue SOHT 81-06 A & B Gentlemen: On September 24, 1981, public bids were received for Surface Paving in conjunction with the reconstruction of part of New Suffolk Avenue. As you are aware, two contracts are involved; one for materials (SORT 81-06 A) and one for installation (SOHT 81-06 B) . The low bidder for each contract was Lyon and Reboli, Paving Contractors, of South Setauket, New York. We have checked the prior performance of this contractor in this area with the Suffolk County Department of Public Works. They indicate that the contractor's work is of good quality, that the contractor is cooperative, and that the work at New Suffolk Avenue is well within the contractor's capabilities. We have assessed the bid prices which were submitted. We feel that the prices for each item in each contract, as well as the resulting composite costs for materials and installation, are competitive with current paving costs on Long Island. Therefore, we recommended that both contracts for the surface paving work on New Suffolk Avenue be awarded to Lyon and Reboli, Paving Contractors. Melville,New York 0 Farmingdale.New York a Riverhead,New York Supervisor William R. Pell III and Members of the Town Board -2- September 28, 1981 The contract awards should be in the following amounts: SOHT 81-06-A Furnishing and Delivering Binder, Top and Shoulder Course Asphalt Concrete $41, 600.00 SORT 81-06-B Placing Binder, Top and Shoulder Course Asphalt Concrete $ 21450.00 Please have the Town Clerk forward us a copy of the authorizing resolution as soon as possible so that we may proceed with preparing the contract for signing. If you have any questions, please do not hesitate to contact our office. Very truly yours, HOLZMACHER, Mc EN & MURRELL, P.C. i Donald A. foss, P.E. WHS/lml cc: Raymond C. Dean, Superintendent of Highways Judith T. Terry, Town Clerk Robert Tasker, Esq. ••• � l •9I' •• ii • i�1• • t1 ■ i • ■ ii / i ii ■ i!W ..• • • 1. WIN -1 J44 �1 s , •+. �► rl --DESCRIPTION W2*14 ' •' `�li hli�i• ••► :11 .' . 1 : 1 t . 1 1 1 1 11 _-__ ® •• i : 1 li 91• • :1 1 •' . ®® 1 1 ! 1 t t ____ RETURNED! PLANS & SPECIFICATIONS at- ---BIDDER BIDDER BIDDER BIDDER fewo• •• ►. , D 6L1 • • w • • • • 1 • �,� -s- 1 1 ••- • 1 s•.• •r- • �� KIWI • DESCRIPTION NO BID • • ■ •• _ •�+ • •r •, • ' � lei ! t ! • . F,5,200. 24 . / 1 / / 1 ! 1 $49: 400.00 • ME-MAU ■ Ca 1 • August 25, 1981 r 14To : William R. Fell III, Supervisor 8c Town Board Members Re : New Suffolk Rd . Improvement : Report of total vouchers paid to date : 12/16/80 - 8/4/81 See attached listing - $555 250.03, of which ? 3103.26 was paid in 1980 before FRS Budget was reduced in 1981 to $30,604.52. $55250.03 3103.26 F? .7 Total spent in 1981 Of this 852146. 77 spent in 1981 we had funds in hand of : FRS Budget $30604.52 Pmt. from Fed. Gov't. for 70% of Costs submitted 6/26 9968. 33 0521t�6.77 Spent in 1981 -40572.85 Funds in hand 3. Deficit in FRS funds allocated for Suffolk Ave. Rd . Improvement at this point. Note : Recent claim submitted by H2M for $60,459.04, will replenish fund in approximately 6 weeks , but FRS account for Suffolk Ave. is still in deficit at this point of $11573.920 which is not legal per Mr. Tasker. Funds must be adjusted at this point to cover deficit temporarily. I believe H2M's report dated 8/25/81, of which each Board member has a copy, is substantially correct, if their projections are accurate, although I mil-,ht add it is a bit confusing. If their projections are accurate the Town should be able to stay within the original $30604.52 Budget. However, we must all bear in mind that all vouchers for services rendered and material have to be paid in full before any claims can be submitted to the State/Fed. Gov ►t. for re- imbursement. (This is true of all Grants where there are matching funds. ) Therefore we will have to be sure we have funds available to cover all costs for future vouchers for a limited period of time ; at least until claims have been processed. It is this reason that the sum of ac?iroximately $42000 must be temporarily allocated from Highway, Item I Surplus to cover bid costs for the final coat to New Suffolk Rd. The time is short because of weather conditions , and we cannot wait for our anticipated $60,459.04, which was applied for on this date. It will arrive soon, but not in time for bids to be let, or work completed. I hope this will clarify the circumstances concerning the report received from H2M 8/25/61. Respectfully submitted , Jean Schneider NEW SUFFOLK RD. A 12/16/80 FRS Check # 533 Chemung- Supply Corp. $2692.88 Drainage pipe 535 George L. Penny Inc. 410.38 Cement & Lumber 1/13/81 540 H2M Corp. 1435.52 Eng. Fees 2/23/81 543 Suff . Co. Clerk 36.00 Recording deed 544 Security Title and- Guarantee Co. 235.00 Title Search 2/24/81 545 Campbell Foundry Co. 1652.00 Grates 545 Campbell Foundry Co. 1190.00 Frames 546 East End Supply Co. , Inc. 20.40 Batteries 549 George L. Penny Inc. 135.81 Cement & Supplies 550 Suffolk Cement Products 88.50 Cement Blocks 3/10/81 556 Suffolk Times 12.48 Legal Notice 556 Suffolk Cement Products 183.00 Blocks 4/7/81 566 H2M Corp. 358.49 Eng. Fees 5/5/al 580 H2M Corp. 2583.52 Eng. Fees 582 Suffolk Times 23. 04 Legal Notice 583 Traveler-Watchman 39.27 6/9/81 Legal Notice 588 John W. Davis 172.00 Inspection & Eng. Fee 592 George L. Penny Inc. 25.20 Supplies 7/7/81 597 John W. Davis 402. 00 Inspection & Eng. Fee 598 East End Supply Co. 46. 80 Supplies 599 Greenport Lumber Co. 91.90 Supplies 602 H2M Corp. 881.04 Eng. Fees 603 George L. Penny Inc. 529. 70 Supplies 605 Mattituck Auto Parts 17,40 Supplies 8/4/81 607 Town of Southold Highway Dept. 2747.25 Reimbursement for supplies punch. 609 R. Landsdell Bituminous Corp. 4823.28 Road Materials 610 Muirfield Contracting Inc. 34289.18 Base Asphalt gc Labor 611 George L. Penny Inc. 127.99 Supplies Total Expenses $5525 U2AHOLZMACHER,MCLENDON artd MURRELL PC. PROJECT: PLACING BINDER, TOP AND SHOULDER COURSE BIDDER BIDDER BIDDER BIDDER BIDDER ASPHALT" CONCRETE ON NEW SUFFOLK AVENUE LYON & REBOLZ CENTRAL OF SOUTHOLSUFTOLK DHA PIUN CLIENT: TOPAVCO ASPHALT, LI CONMACTING, INC PAVING CONrRAC- PAVING, INC. ASPHALT CORP. INCORPORATED BID DATE: SEPM14BER 24, 198E 73ARDEN CITY, NY TORS W. HAd>I� PROJECTNO: SOHT 81-06 B S. ET r ROSLYNHOLTSVI1,12, NY ITEM QUANTITY RICE PRICE RICE PRICE K� E PRI PR NO. DESCRIPTION '� T TOTAL TOTAL TOTAL PRICF 51 F PLACE TOP AND BINDER ASPHALT CONC 00 TONS 51 Y PLACE SHOULDER ASPHALT CONC. 500 TONS A-51F PLACE TOP AND BINDER ASPHALT CONC. 800 TONS A-51Y PLACE SHOULDER ASPHALT CONC. 500 TONS TOTAL BID (ITEMS 51 F & 51 Y) p ALTERMTE TOTAL BID ITEMS A-51Y & A-51F) l) OT- r iirrJ ` 'm - -. ' -It-L. Y.L. / PROJECT: FURNISHING & DELIVERING BINDER, TOP AND BIDDER BIDDER BIDDER BIDDER BIDDER SHOULDER COURSE ASPHALT CONCRETE ON NEW NNIRFIET-D LYON & REBOLI CENTRAL SUFFOLK MIDHAMPTON p SUFFOLK AVENUE - ING, INC PAVING AVCO ASPHALT, t7GNTRAC- PAVING, INC. ASPHALT CORP. INCORPORAI",� CLIENT: TOWN OF SOUTHOLD 3ARDEN CITY, NY TORS W. BID DATE: SEPTEMBER 24, 1981 SNY �, HAMP'InN ROSLYN, NY gOL TSVILLE, NY ITEM T O A �kT 1�7m ��� ��fi 13:f> ;�.h NO. DESCRIPTION QUANTITY PRICE PRICE PRICE FICE RICE TOTL PI TOTAL N TOTAL 51-F 1A TOP - FURN. & DEL. TOP ASPHALT CONC. 325 TONS 51 F -B ER - FURN DEL BINDER ASPHALT CONC. 475 TONS 51 Y FURI`T. & DEL. SHOULDER ASPHALT CONC. 500 TONS n r TOTAL BID SUM OF ALL ITEMS q NOTICE TO BIDDERS NOTICE IS HEREBY GIV- COUNTY OF SUFFOLK EN that SEALED BIDS will be ss: received by the Town Clerk of STATE OF NEW YORK the Town of Southold at the Town Hall,Main Road, South- old, New York, until 10:00 A.M., prevailing time, on Patricia Wood, being duly sworn, says that she is the Thursday, September 24, 1981, at which time and place Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, they will be publicly opened _and read for the following a public newspaper printed at Southold, in Suffolk County; contract: and that the notice of which the annexed is a printed copy, PLACING BINDER, TOP, AND SHOULDER COURSE has been published in said Long Island Traveler-Watch- ASPHALT CONCRETE ON man once each week for .................. ....................weeks NEW SUFFOLK AVENUE The above item must con- successively, commencing on the form to the Specifications of the Suffolk County .Depart- day 9 v ment of Public Works for Item 9 ^� 51-F-Asphalt Type IA (Two %5-.......... Slyi_ Courses) and Item •••••••• " Asphalt Concrete for Should- _/ ers. Specifications may be ob- tained on o't after September 17,1981, at the Town Hall and offices of the Consulting En- ........Syr to before me this .... �,�. .. day of gineers,HOLZMACHER, c- LENDON&MURRELL, P.C., 209 West Main Street, River- .•.••• 19. head, New York> '11901, and 125 Baylis Road, -Melville, New York, 11747, upon de- posit of twenty-five dollars ($25.00) for each set furnish- G ............... .L% ................... /.............. ed. Notary Public Deposits for Specifications will be refunded to bidders who return Specifications + within ten (10) days in good condition; other deposits will either be partially or not refunded if the Specifications C"— have not been returned in good condition within thirty (30)days after bids have been Opened. Each Proposal- must be accompanied by a certified check or bid bond- in the amount of five percent(5%) of the total bid, made payable to William R. Pell, III, Supervis- or, Town of Southold, as set j forth in the Information to Bidders. The Town reserves the right to reject any or. all bids, to waive any informalities and to accept such alternate bid which, in the opinion of the Town Board,will be in the best interests oBY tTown- he R OF THE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK JUDITH T.TERRY, TOWN CLERK TOWN OF SOUTHOLD SOUTHOLD,NEW YORK NOTICE TO BIDDERS NOTICE IS HEREBY GIV- EN that SEALED BIDS will be COUNTY OF SUFFOLK ss: received by the Town Clerk of STATE OF NEW YORK the Town of Southold at the Town Hall, Main Road, South- old, New York, until 10:00 A.M., prevailing time, on Thursday, September 24, Patricia Wood, being duly sworn, says that she is the 1981, at which time and place Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, they will be publicly opened and read for the following a public newspaper printed at Southold, in, Suffolk County; contract: and that the notice of which the annexed is a printed copy, FURNISHING AND DELIVERING has been published in said Long Island Traveler-Wotch- BINDER,TOP,AND man once each week for ................ .......................weeks SHOULDER COURSE ASPHALT CONCRETE successively, commencing on the ....�..1.......................... TO NEW SUFFOLK AVENUE The above item must con- day o 19 ? .................. .... .. form to the Specifications of the Suffolk County Depart- ment of Public Works for Item ........................... 51-F-Asphalt Type 1A (Two- Courses) and Item 51X- As- phalt Concrete for Shoulders. Specifications may be ob- tained on or after September 17,1981, at the Town Hall and offices of the Consulting En- Sw rn to before me this ............ day of gineers, HOLZMACHER, Mc- LENDON&MURRELL, P.C., • •••• ••• •• •••�`.�........ 209 West Main Street, River- head, New York, 11901, and 125 Baylis Road, Melville, New York, 11747, upon de- posit of twenty-five dollars ��� 2 ($25.00) for each set furnish- �....... ..... ...... .......:........fi...1/............ ed. Notary Public (� Deposits for Specifications 'D''H a. will be refunded to bidders a who return Specifications within ten (10) days in good condition; other deposits will either be partially or not refunded if the Specifications have not been returned in good condition within thirty (30)days after bids have been opened. Each Proposal must be accompanied by a certified check or bid bond in the amount of five percent(S%)of the total bid, made payable to William R. Pell, III, Super- visor,Town of Southold, as set forth in the Information to Bidders. The Town reserves the right to reject any or all bids, to waive any informalities and to accept such alternate bid which, in the opinion of the Town Board,will be in the best interests of the Town. BY ORDER OF THE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK JUDITH T.TERRY, TOWN CLERK TOWN OF SOUTHOLD SOUTHOLD,NEW YORK 1T-9/17/81(2) Legal Notices NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN that SEALED BIDS will be received by the Town Clerk of the Town of Southold at the Town Hall, Main Road, Southold, New York, until 10:00 A.M., prevailing time, COUNTY OF SUFFOLK, on Thursday,Sept. 24, 1981,at STATE OF NEW YORK, ss which time and place they will 1 be publicly opened and read for the following contract: . .Troy. Gustayson" " " " " " being duly Sworn, FURNISHING AND DELIVERING says that . .he. . . . is Printer and Publisher of the SUFFOLK BINDER,TOP,AND SHOULDER COURSE WEEKLY TIMES, a news ASPHALT CONCRETE paper published at Greenport. in said TO NEW SUFFOLK AVENUE county; and that the notice, of which the annexed is a printed The above item must con- form to the Specifications of copy, .has been published in the said Suffolk Week Times the Suffolk County Depart- ment of Public Works for Item one once in each week, for weeks 51-F--Asphalt Type 1A (Two Courses) and Item 51Y -- Asphalt Concrete for Should- successively commencing on the . . . .1.7.th. . . . . . . . . . . . . . . . . ers. Specifications may be ob- day of • • . • �Pt-.*-�. tained on or after September �� y,} � 17, 1981, at the Town Hall and • . . . . . . . . . . . . . . . . . . . . . . . . • • • • • • offices of the Consulting Engi- neers, HOLZMACHER, Mc- Sworn to fore a thi . . . . . . . . . LENDON&MURRELL,P.C., G� 209 West Main Street, River- day of .P� -x��� C.' 19. �. . head, New York, 11901, and / G✓% �� Q2' 4� .* 125 Baylis Road,Melville,New .` .�� York, 11747, upon deposit of twenty-five dollars($25.00)for • " " ' " ' each set furnished. Deposits for Specifications will be refunded to bidders MARGARET State w York e of NYOUNGe NOTARY PUBLICSta who return Specifications , within ten (10) days in good Sultoik County No. 52-9776895 condition; other deposits will Term Expires March 30. 1982 either be partially or not refunded.if the Specifications have not been returned in good condition within thirty (30) days after bids have been opened. Each Proposal must be ac- companied by a certified check or bid bond in the amount of five percent(5%)of the total bid, made payable to William R. Pell, III, Super- visor,Town of Southold,as set forth in the Information to Bidders. The Town reserves the right to reject any or all bids, to waive any informalities and to accept such alternate bid which, in the opinion of the Town Board,will be in the best interests of the Town. BY ORDER OF THE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK JUDITH T.TERRY, TOWN CLERK TOWN OF SOUTHOLD SOUTHOLD,NEW YORK 11971_' DATED: September 8, 1981 1TS17-3774 NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN that SEALED BIDS will be received by the Town Clerk of the Town of Southold at the Town Hall, Main Road, Southold, New York, until on Thursday,Sept. 24, 1981, at which time and place they will COUNTY OF SUFFOLK, be publicly opened and read STATE OF NEW YORK, ss: for the following contract: 1 PLACING BINDER,TOP, AND SHOULDER COURSE • • • • • • • • • • _Troy. Gustayson . • . . • • • . • being duly Sworn, ASPHALT CONCRETE ON1 . NEW SUFFOLK AVENUE says that . . . . , is Printer and Publisher .of the SUFFOLK The above item must con- form to the Specifications of WEEKLY TIMES, a newspaper published at Greenport. in said the Suffolk County Depart- ment of Public Works for Item county; and that the notice. of which the annexed is a printed 51-F--Asphalt Type 1A (Two- Courses) and Item 51Y -- copy, .has been published in the said Suffolk Weekly Times Asphalt Concrete for Should- ers. once in each week, for . one . • . . weeks Specifications may be ob- at t ed on n after Sept.17,1981 successively commencing on the 17th at the Town Hall and offices of • • • • • • • • • • • • • • • • • • • • • • • • • • the Consulting Engineers, .p HOLZMACHER,McLENDON day of . . . . . 1�71tr & MURRELL, P.C., 209 West [.�. ?� Main Street, Riverhead, New . . . . . . • • • . . . . . . . . . . . . . . . . . . • York, 11901, and 125 Baylis c Sworn to be are a this . . Road, Melville, New York, _ `� t 11747, upon deposit of twenty- day of r� : .� C� c���C. 19 five dollars ($25.00) for each set furnished. Deposits for Specifications ���C-� l' ,. ��/ � 1•�" � will be refunded to bidders, who return Specifications within ten (10) days in good condition; other deposits will MARGARET A YOUNG either be partially or not NOTARY PUBLIC. State of No,.ti}'oik refunded if the Specifications Suffolk Countv No. 52 9776895 have not been returned in good Terri Exptto�, Mach 30, 1982 condition within thirty (39) days after bids have been opened. Each Proposal must be ac- companied by a certified check or bid bond in the amount of five percent(5%) of the total bid, made payable to William R. Pell, 111, Super- visor,Town of Southold,as set forth in the Information to Bid- ders. The Town reserves the right to reject any or all bids, to waive any informalities and to accept such alternate bid which, in the opinion of the Town Board,will be in the best interests of the Town. BY ORDER OF THE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK JUDITH T.TERRY, TOWN CLERK TOWN OF SOUTHOLD SOUTHOLD,NEW YORK 11971 DATED: September 8, 1981 1TS17-3773 REcOvED S t►' z ? 1981 Town C44 SWUM HOLZMACHER,McLENDON and MURRELL,P.C. CONSULTING ENGINEERS,ENVIRONMENTAL SCIENTISTS and PLANNERS HAYI.IS RGAI). NIL t N Y iIi-i:' • _ September 18, 1981 Mr. Douglas Gensinger Community Assistant Engineer N.Y.S. Dept. of Transportation Region 10 Office N.Y. State Office Building Hauppauge, New York 11787 Re: Reconstruction of New Suffolk Avenue - Town of Southold Reimbursement 3/12/81 to 7/17/81 SOHT 80-03 Dear Mr. Gensinger: Pursuant to a directive from Raymond Dean, Superintendent of Highways, for the Town of Southold, and in accordance with your instructions, we enclose herewith a MURK 13 form (five pages total) for the above referenced project. The enclosed form, covering all work on the project from March 12, 1981 to July 17, 1981, includes force account work (labor and equipment) material purchases and contract work which was done during this period. The work which was completed during this time period was related to the installation of the new roadway as called for on the plans. On September 24, 1981, the Town will receive bids for the following two contracts: 1. Furnishing and delivering binder, top and shoulder course asphalt concrete to New Suffolk Avenue. 2. Placing binder, top and shoulder course asphalt concrete on New Suffolk Avenue. We anticipate that roadway paving will commence shortly thereafter, bringing the project to completion prior to the end of the paving season. Melville.New York • Farmingdale,New York • Riverhead,New York g 4 Mr. Douglas Gensinger -2- September 18, 1981 It is our understanding that you will be visiting the project site to examine the work completed to date, after which you will initiate precedures to secure reimbursement for the work completed during the time period covered on the enclosed MURK 13 form. Please do not hesitate to contact our office if you require any further information, or if we can provide you with any assistance in securing reimbursement for the Town. Very truly yours, HOLZMP,CHER, MCLENDON & MURRELL, P.C. ,f William H. Spitz WHS/lml Enclosures cc: William Pell , Supervisor Town Board Raymond C. Dean, Superintendent of Highways Judith T. Terry, Town Clerk 4L.r HOLZMACHER,McLENDON and MURRELL,P.C. •CONSULTING ENGINEERS,ENVIRONMENTAL SCIENTISTS and PLANNERS n r. R('rC. . NAEL.VILLE, N.Y. 11747 • 516-752-9060 September 9, 1981 RECEIVER SEP 15 1981 Mr. Raymond C. Dean Tit[ ClWK Southold Superintendent of Highway Town of Southold HIGHWAY Department Peconic Lane Peconic, New York 11958 Re: New Suffolk Avenue SOHT 80-03 (CO) Dear Ray: Enclosed herewith are the completed MURK Forms for reimbursement on New Suffolk Avenue. Please sign them and return same to our office so that we can submit them to the State. If you have any questions, please do not hesitate to contact our office. Very truly yours, HOLZMACHER, McLENDON & MURRELL, P.C. William H. S tz WHS/lml cc: William R. Pell, III, Supervisor Town Board Judith T. Terry, Town Clerk Melville,New York • Farmingdale,New York • Riverhead,New York i 4 i i• e Il ' f; STATE OF NEW YORK: SS. '-COUNTY OF SUFFOLK: i; JUDITH T. TERRY, Town Clerk of the Town of Southold, New York, being duly sworn, says that she is over the age of twenty-one years; that on the 10th day of September lg 81 she affixed a notice of which the annexed printed notice is a j ' true copy, in a proper and substantial manner, in a most public 1 place in the Town of Southold, Suffolk County, New York, to wit : e; } Town Clerk Bulletin Board, Town Clerk Office, Main Road, i Southold, New York 11971 Notice to Bidders - Placing binder, top, and shoulder course asphalt concrete on New Suffolk Avenue AND furnishing and {, delivering binder, top, and shoulder course asphalt concrete to New Suffolk Avenue. Bid opening - 10:00 A.M. , Thursday, September 24, 1981, Southold l Town Hall, Main Road, Southold,.: New,York. 4 I Judith T. Terry 1 Southold Town Clerk i i Sworn to be before me this i' '1 10th day of September 19 81 I' Notary—Public ' ELIZABETH ANN NEVILLN "TARY PUBLIC, State of New YetR No. 52.8125850, Suffolk CounbL TNM Expires UK& 30.:1 j II ' OLZMACHER,MCLENOON i MURRELL,P.C.I H1CORP. CONSULTING ENUINEERS AND ENVIRONMENTAL SCIENTISTS NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN thit ISEALED BIDS will be received by the Town Clerk of the Town of Southold at the Town Hall, Main Road, Southold, New York, until 10:00 A.M. , prevailing time, on Thursday, Sept. '24, 198.1 10 at which time and place they will be publicly opened and- read for the following contract: PLACING BINDER, TOP,, AND SHOULDER COURSE ASPHALT CONCRETE ON NEW SUFFOLK AVENUE • S , The above item must conform to the Specifications of-. the Suffolk Countv Department of Public Works for Item 51-F - Asphalt Type 1A (Two- Courses) and Item 51Y - Asphalt Concrete for Shoulders. Specifications may be obtained on or after Sept. 17, . 198L at-.'tbe Town Hall and offices of the Consulting Engineers, HOLZMACHER, McLENDON & MURRELL, P.C. , 209 West Main Street, Riverhead, New York, 11901, and. 125 Baylis Road, Melville, New York, 11747, upon deposit of twenty-five dollars ($25. 00) for each set furnished. Deposits for Specifications will be refunded to bidders who return Specifications within ten (10) days in good condition; other deposits will eithar be partially or not refunded if the BPOCifioations have not been returned in good condition within thirty (30) days after bids have been opened. Each Proposal must be, accompanied by a certified check or bid bond in the amount of five percent (5%) of the total bid, made payable to William R. Pell, III , Supervisor, Town of Southold, as set forth in the Information to Bidders. The Town reserves the right to reject any or all bids, to waive any ' informalities and to accept such alternate bid which, in the opinion of the. Town Board, will be in the best interests of the Town. BY ORDER OF THE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK JUDITH T. TERRY, TOWN. CLERK TOWN OF SOUTHOLD SOUTHOLD, NEW YORK 11971 1 DATED: September 8 1981 NB-1 PLEASE PUBLISH ONCE, SEPTEMBER 17 , 1981, AND FORWARD ONE AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, SOUTHOLD TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following on September 10, 1981: The Suffolk Times The Long Island Traveler-Watchman, Inc. Town Board Members Highway Superintendent Dean Town Clerk Bulletin Board HOLZMACHER,McLEND_ON and M_ URR_ELL,P.C. •CONSULTING ENGINEERS,ENVIRONMENTAL SCIENTISTS and PLANNERS 209 WEST MAIN STREET, RIVERHEAD, N.Y. 11901 • 516-727-3480 REMED Vit ' 101981 September 9, 1981 IOWO ftli Studd Judith T. Terry, Town Clerk Southold Town Hall Main Road Southold, NY 11971 Re: Town of Southold Reconstruction of New Suffolk Avenue Placing Binder, Top & Shoulder Course SOHT 81-06 Dear Judy: Pursuant to our telephone conversation today, I enclose herewith two Notices to Bidders . You will note that the first one is for Placing Binder , Top & Shoulder Course, and the second for Furnishing and Delivering. In accordance with our conversation, we have inserted the dates so that each notice indicates that bidders will be received until 10:00 A.M. Thursday, September 24, 1981, and that specifications may be picked up on or after September 17, 1981. The specifications will be available for inspection and pick up at your office as well as both of our offices . Early next week we will deliver a supply of the contract specifications to your office for pick up be perspective bidders . If you should have any questions concerning this project, please feel free to contact our office. Very truly yours , HOLZMACHER, McLENDON MURRELL, P.C. 7, Donald A. Sioss, P.E. DAS :deh encs . cc : Supervisor William Pell, III Raymond C. Dean Town Board Melville,New York • Farmingdale,New York • Riverhead,New York r HOLZMACHER,McLENDON and MURRELL,P.C. •CONSULTING ENGINEERS,ENVIRONMENTAL SCIENTISTS and PLANNERS 209 WEST MAIN STREET, RIVERHEAD, N.Y. 11901 • 516-727-3480 August 25, 1981v Supervisor William R. Pell, III & Town Board Members Main Road Southold, NY 11971 Re: Town of Southold New Suffolk Avenue Construction SOHT 80-03 Gentlemen: In accordance with our recent discussion, we have prepared and enclose herewith a cost summary for the above referenced project. Please note that this enclosed cost summary -indicates expenses from July 17, 1981, plus anticipated costs to finish the project. We would be pleased to discuss the enclosed cost summary at your convenience. Very truly yours, HOLZ CHER, Mc & MURRELL, P.C. Donald A. ioss, P.E. DAS:deh enc. cc : Supt. Raymond Dean Robert Tasker, Esq. NEW SUFFOLK AVENUE PROJECT COSTS Expenses thru 7/17/81 ELIGIBLE ITEM COST REIMBURSIBLE COST Labor (Town Forces) $ 33, 836. 64 Yes Equipment (Town Forces) 26, 047.36 Yes Materials (General) 17, 516.31 Yes Materials (Base Asphalt) 29, 358. 58 Yes Labor (Base Asphalt) 5, 030.60 Yes L. I. Traveler 39.27 No Suffolk Times 35. 52 No Suffolk County Clerk 36.00 No Sec. , Title & Guarantee 235.00 No H2M 10, 652.26 No J. Davis, P.E. 507.00 No --------------------------------------------------------------------------- TOTAL PROJECT COST $ 123, 294. 54 LESS FORCE ACCT. WORK 59, 884.00 ACTUAL CASH REQUIRED $ 63, 410. 54 REIMBURSIBLE COSTS $ 111, 789.49 REIMBURSEMENT (70%) 78, 252.64 REIMBURSEMENT APPROVED 11, 075.93 REIMBURSEMENT IN PROCESS* 67, 176. 71 CASH REIMBURSEMENT (70% Less 10% Retained**) $ 60, 459 .04 *This money is being applied for, and should be approved by Sept. 30, 1981. **The State retains 10% of the Approved Reimbursement until the project is complete and final inspection is conducted by the State. i NEW SUFFOLK AVENUE PROJECT COSTS Anticipated Expenses ELIGIBLE ITEM COST REIMBURSIBLE COST Town Force Account $ . 3, 000.00 Yes Materials (Surface Paving) 36, 350.00 Yes Labor (Surface Paving) 6, 250.00 Yes Suffolk Times 36.00 No H2M 3, 500.00 No ---------------------------------------------------------------------- TOTAL ANTICIPATED COSTS $ 49, 136.00 LESS FORCE ACCT. WORK 3, 000.00 ACTUAL CASH REQUIRED $ 46, 136.00 REIMBURSIBLE COSTS $ 45, 600.00 ANTICIPATED REIMBURSEMENT TO BE APPROVED (70%) 31, 920.00 ANTICIPATED CASH REIMBURSEMENT (70% Less 10% Retained**) $ 28, 728.00*** **The State retains 10% of the approved Reimbursement until the project is complete and final inspection is conducted by the State. Retainage period should not exceed several weeks, as project will be complete at such time as these reimbursements are applied for. ***Town will be eligible for $28, 540.96 of this amount, as the sum of prior reimbursements ($60, 459.04) and this reimbursement cannot exceed $89,000.00. The State may withold $8, 900.00 of the $28, 540.96 (10% Retainage on Project Reimbursements) for several weeks pending final inspection by the State. NEW SUFFOLK AVENUE PROJECT COSTS Summary PROJECT TOTAL $ 172, 430. 54 LESS FORCE ACCOUNT WORK 62, 884.00 PROJECT COST $ 109, 546.54 CASH REIMBURSEMENT $ 89, 000.00 CASH COST - TOWN FUNDS $ 20, 546. 54 OFFICE OF TOWN I, RK .t .' cA TOWN O r SUT` OW * ` m JUDITH T.TERRY SUFFOLK COUNTY TELEPHONE TOWN CLERK I (516) 765-1801 REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 June 29, 1981 Muirfield Contracting, Inc. 16 Heath Place Garden City, New York 11530 Gentlemen: Enclosed herewith is check in the amount of $25. 00 for return of specifications for bid on furnishing and placing base course asphalt concrete on New Suffolk Avenue, Town of Southold. Very truly yours, / ,�"--� y_ Judith T. Terry Southold Town Clerk Enclosure rj OFFICE OF OWN („ > K TpW5 4 N O S0 OLS JUDITH T.TERRY SUFFOLKCOUN TELEPHONE TOWN CLERK " (516) 765-1801 REGISTRAR OF VITAL STATISTICS ti Southold, L. I., N. Y. 11971 June 25, 1981 Donald A. Sioss, P. E . Holzmacher , McLendon & Murrell, P.C. 125 Baylis Road Melville, New York 11747 Dear Don: Enclosed herewith is the conformed copy of contract between the Town of Southold and Muirfield Contracting, Inc. for furnishing and placing base course asphalt concrete on New Suffolk Avenue. I am also enclosing copies of: Certificate of Insurance, Bid Bond, and Performance Bond. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures MUIRFIELD CONTRACTIII, INC. LIEU VF URZKOED` ML 16 Heath Place GARDEN CITY, NEW YORK 11530 DATE JOB NO. (5/A r (516) 742-8124 ATTENTION �/tY TO �/(�/�J dF 4SOU0fQL1 RE: c�OUTifi�L� WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order ❑ COPIES DATE NO. DESCRIPTION 2 1 A1SJ C THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution 0As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ _ ❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO SIGNED: PRODUCT 240-2- �Inc,Gmmn,Mm 01450 If enclosures are not as noted, kindly notify u a once. EVIDENO OF INSURANCE WY UNDERWRITING AGENCY, Ir� Req�ttsced'ti� 300 EAST 42nd STREET MUIRFIELD CONTRACTING, INC. NEW YORK, N.Y. 10017 by the 16 HEATH PLACE (212)687-6090 Insured: GARDEN CITY, NEW YORK 11530 L Date MAY 11, 19 81 In compliance with the request of our insured, we have issued the enclosed Certificate of Insurance. To be TOWN OF SOUTHOLD Issued: TOWN HALL, MAIN ROAD CITY UNDERWRITING AGENCY, INC. r, To: SOUTHOLD, NEW YORK 11971 L J i DUPLICATE(CANARY)-OFFICE COPY,TRIPLICATE(PINK)-CONFIRMATION F13513-HS.24� ��14/f r/' � .A't�t �! I•a .).� ...�...1 e,}•11..,,� �,),�pl. wl.�' 1 �f. �SS�11i�, '►t �},I It �� ♦ (� '•'. ."'4A4E �NO ADDRESS OF AGENCY 1 CITY UNDERWRITING AGENCY, INC. COMPANIES AFFORDING COVERAGES 300 EAST 42nd STREET ----- ._._-----__.___-------.—__-.-- --.—___.-- -- ___-- } NEW YORK; NEW YORK 10017 I1"iIER"Y A HARTFORD ACCIDENT & INDEMNITY COMPANY ' -_C UMI`ANV � --- ---- '-� I(1TFII R ,y NAME. AND ADDRESS OF INSURED rUMPANV— —_--.—._. MUIRFIELD CONTRACTING INC. Lr11ER 16 HEATH PLACE GARDEN CITY, NEW YORK 11530 �-FlIMIF 7"Y D .� r COMPANY Ifllffr This is to certify that policies of insurance listed below have b en isaned to the insured named above and are in force at This time. Notwithstam.lmg any rowmemeni,tnrnl nr(or ibtlnn of any contract or other document with reSpe.ct to which this coilihcate may he issued or may pertain,the insurance afforded by the policies described herein Is suhlert to all the K terms,exclusions and conditions of such policies. COMPANY Pol u:v _-__. Limits of Liabilit�_in TThousaods IETiER TYPE OF INSURANCE Pf)I ICV NI IMRFR EXPIRA110N ()Alf IAc 11 A(;I;RI(Ail OCCURRI N(i GENERAL LIABILITY - O BODR Y IN 1016 % 1 11000, $ 1,000.- NY VF CUMPREHE NVF FORM 11/22/81 [X]PWMISrS OPFRAIIONJ; 10 C 67 69 61 I'NOPFRFYUAMA''I $ 500 1 ,000. (� EXI`LOSION AND COILAF`SF 7 IIALARP IXI IINIIFR(,P0kINU FIA/AP() Ix] 1'RUllll(.IS,COIAPI(,FU , OPERATIONS IIAJARh Hf)ILII Y IN IUlti ANTI X CONIRACFIIAL INSURANCE P RO r'1171V UAMA(;{ $ $ j 1AbrBROAD FORM PROPFRi Y Of I ED --1 DAMAGE .LSI INDEPENDENT CON(RACTORS U PFRSONAL INJURY PIR'—NAI IN llllry 1 AUTOMOBILE LIABILITY liOl111 Y IN nnfY , II If AI II PI N } 500 "(IN) ' w COMPREKNSIVE FORM j� 'Ar I r 11`111111,It)[ $ 500, J.. l_._I OWNED IFA(11 ACI Ihf P , 1g� 10 C 67 69 61 11/22/81 -- - _-- '" �• li 111F7(D5 0 U 19N III�IY Uf M4 ,' b 11l)IIII Y IN It If?) ANI NON d)WNF() 1'NOF'FIfIY UAMAf;I EXCESS LIABILITY - -'-- - — POHII V INJURY ANI, A IJMEjRELLA FORM LO HU 468438 11/22/81 PROPINIYI)AMAGf $ 2,000, $ L,000, Y 1A Of HER THAN UMBRELLA FOf7M rOMI TINI h WORK ERS'COMPENSATION s A and 10 WB BD 08511 11/22/81 innlTORY HIRE; EMPLOYERS'LIABILITY $ 100, — --— OTHER 11/22/74 A DB 115324 UNTIL CANC. STATUTORY DESCRIPTION OF OPERATION$/LOCATIONS/VEHICIES NEW SUFFOLK AVENUE, MATTITUCK, NEW YORK. PROJECT # SOHT 81-4. .COWN OF SOUTHOLD IS A NAMED INSURED AS RESPECTS TO THE ABOVE PROJECT. Cancellation: Should riny Of the rlhove fll'ti( Ilbl' I llolicies ho callcelled befole fit(, exl lr,lllOn (l,lle tII(-reef, the P,,Lnni i I,Iu i pany will endeavor to 111j,il 30_ days written notice to the below nilmod certificate hulder, but failure to mail such notice shall impose no owigation or Ilahility of any kind upon the company. ` NAME AND ADDRFSS OF(1,111 IF ICArF HOLOF If _-- MAY 11, 1981 WBH:sd TOWN OF SOUTHOLD DATr isqI1D—..._. ____.____.-----------__--- _ TOWN HALL, MAIN ROAD SOUTHOLD, NEW YORK 11971 AI11H0ftl/fU It(PHI.SINIANVIF ACORD 75(1 74) 1. ,s ' - ^y., ,t, ..0 >....,. 'a yr"' . - ... i'... _ ,1..-r..ri1,.�- '�"'.`T';:-+rJl'.�'�".r�'T,Cr"JOf;+w!'r-'w-t. _.. w.e� ..,.ils•�.... _. ._. C,�_C1f t.� 'trx � ;� �s� +,q) ,I �.,Fh d ,.�.)F ���(,�• ,�;J, '.>#I , � (♦��`r', ., �� . ,,. ' ♦ .I �^)+a it�:c+iaA.f.:� ' ♦� �, ♦ r r ♦ •'. . ♦ iEAr•�t�yANU.ADDRESS Or AGENCY , rt. CITY*UNDERWRITING AGENCY, INC. COMPANIES AFFORDING COVERAGES 300 EAST 42nd STREET -----.�/► ------ ----------- - _— --- -- - - - NEW YORK; NEW YORK 10017 IllryflER"Y /-► HARTFORD ACCIDENT & INDEMNITY COMPANY --CUM!'ANV B -- —.. __ If ITFH NAME AND'AUDRf SS OF INSURED MUIRFIELD CONTRACTING INC. i f�iE 7"v C 16 HEATH PLACE —`— --- -- GARDEN CITY, NEW YORK 11530 i r ilii i" Y D COMPANY I I I I F R This is to certify that policies of insurance listed below have t en issued In the insured named above and are in force at this time. Notwllhstandine•any requirement,term or c.ol•dltlnn R of any contract or other document with respect to which this certificate may he issued or may pertain,the insurance afforded by the policies described herein is subject to all the terms,exclusions and conditions of such policies. COMPANY Ic.v Limits of Liability m Thousands(-000 ' iVPF or INSURANCE FOI tr'.V NHMIiFR ----- - -- -- --- LETTER EXPIRAII)N OAIF IACH AGGRI GAII ----------------- OCCURRI N(I GENERAL LIABILITY ---l!�Y HODII.Y IN.IURY 9 1 ,000, T i t OVv, A [XI COMPREIIENSIVF FORM RIPRFMISIS OPFRAnON}, 10 C 67 69 61 11/22/81 1,11(11'1l+Fvl)An,+, 1 >• 500, s 1000, FXI'LO':40N AND GOtLAPSF , -� IIAIA Nb - >- UNUfRGROUNOHAIARI) IX� PROOl11,,IS/cOMPI EI EI) II_V_ll OPERATIONS HAIARI) ROUII V IN.IIIRY ANI) LJ CONTRACrUAL INSURANCE PRDI'(NI VDAM AGE S t+ D BROAD FORM PROPERIV COMBINED DAMAGE lX_l INDEPENDENT CONTRACTORS PERSONAL IN.IIIRV -------_ ------- PI Rtit)NAI INjTjF?Y S AUTOMOBILE LIABILITY R(nm v m Hary IIA(, P1 WON) b 500, :. LTJ COMPREHENSIVE FORM AI'( 1OI1 Y INJUR" $ 500, OWNLD (FA11 Arrlhl N'; r 10 C 67 69 61 11/22/.81 - W HIRED PPOI I NFV IIAMA(,f s 500, , �.J NON OWNED HODII VIN It 116 ANI) ---- ) I'ROPF RI Y()AMA'if EXCESS LIABILITY - - - -- - -------AUMBRELLA FORM UMBRELLA FORM 10 HU 468438 11/22/81 ROOII Y IN JURY AND LJ OTHER THAN UMBRELLA PROPI PI V OAMAGF $ 2,000, S 2 000 f FORM (-OM13INI 1) tw WORKERS'COMPENSATION — A and 10 WB BD 0851 11/22/81 SIArUTORY EMPLOYERS'LIABILITY $ 100, l OTHER ----- _. . --- -- ---------- —11/22/74 A DB 115324 UNTIL CANC. STATUTORY rCRNRA]IONS/LOCATIONS/VEHICIES AVENUE, MATTITUCK, NEW YORK. PROJECT # SOHT 81-4. THOLD IS A NAMED INSURED AS RESPECTS TO THE ABOVE PROJECT. n: ShOUl(I any of the above df-'( I ihod pollcrlF s he Cancelled be(ole the explrolion d,lle thereof, the Issuing', 00! pany will endeavor to nihil 30 d-)ys',writterl notice to the below minted certiticatc• `:older, but (ailurc mail such notice shall impose no ohligatibn or liability of any kind upon the Company. NAME ANOADDRESSOF CFRIIFICATF HOI..I)f It —�_-- MAY 115 1981 WBH:sd TOWN OF SOUTHOLD DATE ISSUED TOWN HALL, MAIN ROAD _ SOUTHOLD, NEW YORK 11971 AU Houl/I 1) Itl PRF SI NIn11VI . ACORD 25(1 19) -- Fidelityd Deposit Company anep HOME OFFICE OF MARYLAND BALTIMORE,MD. 21203 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned -------XmIXUeld-.Gautcwtings---1A0A--------------------------------------------------------------- ------- ----------------16__Heath_Place,--C�rc --A..G t.Y_,-_New_Xq*s-1153Q----------------------------------------•-------as Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND as Surety, are hereby held and firmly bound unto --------------Town-_of-_Southold, N�Yt ------------------------------------- ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- in the penal sum of-------- ive-_Percent---(W_-Auaulft--Of 31d •-------------------- for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. Signed this------------ -----------30th---------------------------day of------------------Apri1-----------------------------19--$1---- THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That, WHEREAS the Principal has submittedto----..........Town--0X__5.oUth0..da--N.YA----------------------------------------------------------------------------------------------------- a certain Bid, attached hereto and hereby made a part hereof, to enter into a contract in writing, for the ----------------flurnish--&-plaea_-base__course__asphalt--amere-to---on-Nest..Suff_olk---------------------------------- ---------------Ave-•- -.Pro ject_-30HT---8l-Q4.---------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- NOW, THEREFORE, (a) If said Bid shall be rejected, or, in the alternate (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said Contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, Then, this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Obligee may accept such bid; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. r 1n__cor><rR.CTING. 33c. Principal By------ -------- - -------------------- - --------------------------------------------- FIDELITY AND DEPOSIT OIVIPANLYY6 FMAR'YLAND By-- ------- --------- -------- -----------=----------------------- --------------------- C2424-10M,8-77 203873 Robert G. Tynan, Attorney-in-fact New Yor]& STATE OF.------------- _ - - - - - u ss: } COUNTY OF------------- assa------------ - J ��^^��,,rr On this--------------------------- 6 �-----------day of------------ k-�------------------l,'9-1_-, before me personally Joseph H. Farley appeared. - - - - - - - - - - - - --- - - - ----- - - -- -------------- - - -- - - - - - with whom I am personally acquainted,who,being by me duly sworn,did depose and say: `' 16 Heath PI.Garden City,N.Y. president That he resides at - -- - ------------ ----- --- - - -----------------that he is the - - - Muirfield Contracting, Ina. ofthe---------------------------- - -------- ---- - ----------------- --------- =-------- - -- - --- --- - --- - --- - ----- - - - - - - --- - - the corporation described in and which executed the foregoing instrument;that he knows the corporate seal of said corporation; that the seal thereto affixed is such corporate seal;that it was so affixed by orde of the Board of Directors,a hat he signed his name thereto by like order. JOHN J. PARR Notary Public, Stite of New York No. 01 PA3022648 ------ ------- ---------------- - --- - - ------------------------------ Qualified In Ulster County NotaryPublic BR(112)23 206637 Commission Expires March 30,19I-3 County STATE OF-----Welr York---------------------I SS: COUNTY OF-MJIbL--YArjS On this-------------------------- --day of------------- tt G'�f-=-------------19-�/__� before me ---------� ------�-- - personally appeared--------------------Ratlark-1x_-ZYRIIII -- - - -------- -- ---- - -------- ---- - --- - ------- - --- --- with whom I am personally acquainted,who,being by me duly sworn,did depose and say: That he resides at_SIM-_Markt---lelr!_1-Q&-------------------------------------------that he is the---A !_t-f act 4 of the_ i�elitx__�md__Depoeit CoepanY of Mer�land ----------------------------------------------------------------- the corporation described in and which executed the foregoing instrument;that he knows the corporate seal of said corporation; that the seal thereto affixed is such corporate seal-,that it was so affixed by order a Board of Directors,and that he signed his name thereto by like order. PAULA MORELLO NOTARY POBLIC STAN 0$NEW YORK N&414636244 Qua11i1ed 1fi tiat"t bouncy . -- __- C—_ _ __ ��-------------------- - - - ---------- -- CertAM in New York County �/ Notary Public - ax�iiz>za zoau;� 001044SW upiml;MSMh A 1$,;,.,.� Couuly • Power of Attorney 0 FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: BALTIMORE,MD. KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora- tion of the State of Maryland, by C. M. PECOT, JR. , Vice-President, and C. W. ROBBINS , Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Com- pany, which reads as follows: SEc.2.The President,or any Executive Vice-President,or any of the Senior Vice-Presidents or Vice-Presidents specially author- ized so to do by the Board of Directors or by the Executive Committee,shall have power,by and with the concurrence of the Secre- tary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents,Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require,or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings,recognizances,stipulations,policies,contracts,agreements,deeds,and releases and assignments of judgments,decrees, mortgages and instruments in the nature of mortgages,and also all other instruments and documents which the business of the Com- pany may require,and to affix the seal of the Company thereto. does hereby nominate, constitute and appoint William F. Tynan, III and Robert G. Tynan, both of New York, 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. . . . . . . . . . . . . . . . .. . n the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company,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 Company at its office in Baltimore, Md., in their own proper persons. This power of attorney revokes those issued on behalf of William F. Tynan, III, dated, September 27, 1978 and on behalf of Robert G. Tynan, dated, July 15, 1976. The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI,Section 2,of the By-Laws of said Company,and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this ----------------------1-1-th---------------------------day of--------------------March---------------------------: A.D. 19------81 FIDELITY AND DEPOSIT COMPANY OF MARYLAND :;pyo°EPpsrs, ATTEST: s- SEAL >_ ---------e--- ------------- By--------------------------k......... ---------- �••�•��' Assistant Secretary Vice-President STATE OF MARYLAND SS: CITY OF BALTIMORE On this 11 th day of March A.D. 19 81 before the subscriber, a Notary Public of the State of Maryland,in and for the City of Baltimore,duly commissioned and qualified,came the above-named Vice-President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and they each acknowledged the execution of the same,and being by me duly sworn, severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal,at the City of Baltimore,the day and year first above written. p;. •s -- Notary Public„Commissi ires_J17.1y__.1}---1-98.2_ ••;PUPIICr'd/ CERTIFICATE • I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original Power of Attorney of which the foregoing is a full,true and correct copy,is in full force and effect on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents spe- cially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI,Section 2 of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed.” IN TESTIMONY WHEREOF,I have hereunto subscr' d my name and affixed the corporate seal of the said Company, this --------••--------•-•----•••-----•-•. 7......--day of-•-•--------------•--;i ............. 1901 ------------------ --•--------------- -- ---- --------•-••------------------•-- -••-------------- Assistant ecretary L1428Ctf.—IM.5-80 210737 a— L1438a--45M, 1-81 212470 i " FIDELITY AND DEPOSIT COMPANY OF MARYLAND Statement of Financial Condition AS OF DECEMBER 31, 1980 ASSETS *Bonds. . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . $85,739,517.02 *Stocks. . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . 119,104,436.69 Real Estate. . . . . .. . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3,112,832.16 Cash in Banks and Offices... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5,088,881.46 Premiums in Course of Collection (less than 90 days old)... . . . . . . . . . . 12,969,899.76 Reinsurance and Other Accounts Receivable.. . . . . .. . . . . . . . . . . . . . . . 2,202,065.72 TOTAL ADMITTED ASSETS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $228,217,632.81 LIABILITIES, SURPLUS AND OTHER FUNDS Reserve for Unearned Premiums. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $67,672,802.18 Reserve for Claims and Claim Expenses... . . . . . . . . . . . .. . . . . . . . . . . . . 41,895,388.11 Reserve for Taxes and Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4,109,853.99 Miscellaneous Reserves and other Liabilities. . . . . . . . . . . . . . . . . . . . . . . 6,697,809.72 TOTAL LIABILITIES.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $120,375,854.00 Capital Stock, Paid Up. . . . . . . . . . . . . . . . . . . . . . . . . . . . $5,000,000.00 Surplus. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102,841,778.81 Surplus as Regards Policyholders... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107,841,778.81 TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $228,217,632.81 Securities carried at $4,370,175.00 in the above statement are deposited as required by law. *Securities carried on the basis prescribed by the National Association of Insurance Commissioners. On the basis of December 31, 1980 market quotations for all bonds and stocks owned, this Company's total admitted assets would be $226,759,189.79 and surplus as regards policyholders $106,419,335.79. 1,WILLIAM R. Amos, Treasurer of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing statement is a correct exhibit of the assets and liabilities of the said Company,on the 31st day of December, 1980, according to the best of my information, knowledge and belief. William R. Amos --------------------------------- Treasurer r' STATE OF MARYLAND 1SS: CITY OF BALTIMORE f Subscribed and sworn to, before me, a Notary Public of the State of Maryland in the City of Baltimore, this 31st day of January, 1981. - Stephanie A. Smith Notarial --------- ------------------------ Notary Public Seal My commission expires July 1, 1982 Bond No25JQ..711-------- ' Fidelityd Deposit Company an HOME OFFICE OF MARYLAND BALTIMORE, MD. 21203 Executed in Triplicate Performance Bond KNOW ALL MEN BY THESE PRESENTS: That..........ftir; .Q.1d QQAt:R'84Sr.UUgr---Inc.------------------------- (Here insert the name and address or legal title of the Contractor) ------------------ SA.BxI_..Git .*..N@X.-XOTk.r-.-n5,30-----------------.--------..----.----_.--------.-----.--.----.---., as Principal, hereinafter called Contractor, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora- tion of the State of Maryland, with its home office in the City of Baltimore, Maryland, U. S. A., as Surety, hereinafter called Surety, are held and firmly bound unto........................................................................................ ................. Nov-1.9rk------------------------------------------------------------------------------------------------------------- (Here insert the name and address or legal title of the Owner) as Obligee, hereinafter called Owner, in the amount of.........Thirty--Oaa_.Thouaand.__Six_Eundr-ed..Sixteen-.&..5.0/100.................................... -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Dollars ($...31.,.616.50............................), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated--------------------------------------------------------------------19......... entered into a contract with Owner for-bunish.&_.plane..base--eourse---aasphalt_..concrete---on....... ---------------- Neur_.Stiffai --$1-04.-------.-.---------------------------- -------------------------------------- ------ -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- in accordance with drawings and specifications prepared by..........H2M._01OIp_..........................................._-.__-_._ .................. NOV-_ ork...--------------.._..--------------------------- ............................................................................. (Here insert full name,title and address) which contract is by,reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly (1) Complete the Contract in accordance with its terms and conditions, or (2) Obtain a bid or bids for completing the Contract in accordance with its terms and condi- tions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this para- graph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of Owner. Signed and sealed this-----------------------3-3th---------------------------day of------------- Mai!------------------------A.D. 19-$1..- In the presence of: M-1"- -I=._ICONT CT=%..W-+-----...----(SEAL) incipal -------------------------------------------------------------------------------------- --------- --- 1--- --- . . -- ----- - --- ----------------------- ft EARLEY� P �,I T FIDELITY AND DE IT COMPANY OF MA ND ...................................................................................... By----- ......_....---- ------------------------------------------------....(SEAL) Robert G. nazip Title Attorney-in-fact C309f-40M,3-80 210202 Approved by The American Institute of Architects,A.I.A.Document No.A-311 February 1970 Edition. Fidelity and Deposit Company HOME OFFICE OF MARYLAND BALTIMORE Performanee Bond No............_.................._... $-------------------------------- ON BEHALF OF ---------------------------------------------------------------- 'S TO ---------------------------------------------------------------- ---------------------------------------------------------------- ---------------------------------------------------------------- Now Xork STATE OF..---......_................ COUNTY OF....................... ^'-- On this.......-......-.................1-• ...............----...day of---------------•--- _. 1 ., before me personally ! - appeared---------------— - —Joseph H. Farley---------------------•--------------•-------- - - with whom I am personally acquainted,who,being by me duly sworn,did depose and say: That he resides at................-16 Heath PI.Garden City,N,Y. _ presidelA -•---•--•--------------------that he is the--------------•----•-••---------------•--•------•-•----..... of the -- Muirfield Contracting, Inc,= - - ..—....................._.........._..................................--._...... the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of said corporation; that the seal thereto affixed is such corporate seal; that it is so affixed by order of the Board of Directors,and that he signed his name thereto by like order. A JOHN J. PARR \+ Notary Prhlic, State of New York "'�i No. 01PA3022648 ............ ....... ...... ••....••. ... __ •---•---------- Qualified in Ulster County ary PubBR(112)23 212448 Commission F�cpires March 30,1983County STATE OF-----bqj!�_York COUNTY OF_X,810_- Qrjk--------------- J � i On this---------------------------------..---/—�---day of................. •.'-''���-------------------l9�'c'_`i._, before me personally appeared--------------------Rattitrk._Gx—ly-nan---------- ----------------------------------------- --- - - - ... with whom I am personally acquainted,who,being by nit duly sworn,did depose and may: That he resides at_ttQYL_-7axEC�_-�RYi_-Y_Q �4_...._....._... ---------------------------that he is the._.AttDrARY� A�f1Ct of the._Fi;1pY �!�! the corporation described in and which executed the foregoing Instrument;that he knows the corporate seal of said corporation; that the seal thereto affixed is such corporate seal;that it was so affixed by order af4he Hoard of Directors,and that he signed his name thereto by like order. PAULA !MORELLO IIOTAitY PU8LIC STAN Ot NEW YORK / ,,�P Ila 41.06244 OWAM io mutat tontl �� --- ------=-------�_ Certified In Now York County Notary puhlfc aR(112).t 20W7 Oft"W"scar 1M Match 3% 1$:,..... Cou"ty Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: BALTIMORE.MD. KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora- tion of the State of Maryland, by C. M. PECOT, JR. ,Vice-President, and C. W. ROBBINS , Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Com- pany, which reads as follows: SEC.2.The President,or any Executive Vice-President,or any of the Senior Vice-Presidents or Vice-Presidents specially author- ized so to do by the Board of Directors or by the Executive Committee,shall have power,by and with the concurrence of the Secre- tary or any one of the Assistant Secretaries,to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require,or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings,recognizances,stipulations,policies,contracts,agreements,deeds,and releases and assignments of judgments,decrees, mortgages and instruments in the nature of mortgages,and also all other instruments and documents which the business of the Com- pany may require,and to affix the seal of the Company thereto. does hereby nominate, constitute and appoint William F. Tynan, III and Robert G. Tynan, both of New York, 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. . . . . . . . . . . . . . n the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Company,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 Company at its office in Baltimore, Md., in their own proper persons. This power of attorney revokes those issued on behalf of William F. Tynan, III, dated, September 27, 1978 and on behalf of Robert G. Tynan, dated, July 15, 1976. The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI,Section 2,of the By-Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this --------------------------11-t1i------------------------day of---------------March------------------------------- A.D. 19_-al.. .^.%o FIDELITY AND DEPOSIT COMPANY OF MARYLAND am ATTEST: SEAL MW C co B 04,44,�r W4 .a Assistant Secretary Vice-President STATE OF MARYLAND i SS: CITY OF BALTIMORE J On this 11 th day of March A.D. 19 81 , before the subscriber, a Notary Public of the State of Maryland, in and for the City of Baltimore,duly commissioned and qualified,came the above-named Vice-President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and they each acknowledged the execution of the same,and being by me duly sworn, severally and each for himself deposeth and saith,that they are the said officers ofthe Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal,at the City of Baltimore,the day and year first above written. F4 -- �;,os�:o ja No Public ommissi ires_.J-I. .y___1_,...19 2------ MOR!G Sy CERTIFICATE r I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original Power of Attorney of which the foregoing is a full,true and correct copy,is in full force and effect on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents spe- cially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI,Section 2 of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREO I have hereunto s bs ribed my name and affiayd the corporate seal of the said Company, this .................................................. ---day of........... --------•-•--•-------•- 190/ ................ ------------------ ---- --- --- ------ -------------------- ---------------- Assistant cretary 1,1428CO.-1M,5-80 210737 L1458•a-45M', 1+81 212470 . FIDELITY AND DEPOSIT COMPANY OF MARYLAND Statement of Finaneial Condition AS OF DECEMBER 31, 1980 ASSETS *Bonds. . . . . . . . . . . . . . . . . . . . .. . . . .. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . 885,739,517.02 *Stocks. . . . . . . . . . . . . . . . . . . . . . .. . . . .. . . . . . . . . . . .. . . .. . .. . . . . . . . . 119,104,436.69 Real Estate. . . . . .. . . .. . . . . . . . . .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . 3,112,832.16 Cash in Banks and Offices.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5,088,881.46 Premiums in Course of Collection (less than 90 days old)... . . . . . . . . . . 12,969,899.76 Reinsurance and Other Accounts Receivable. . . . . . .. . . . . . . . . . . . . . . . 2,202,065.72 TOTAL ADMITTED ASSETS. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . $228,217,632.81 LIABILITIES, SURPLUS AND OTHER FUNDS Reserve for Unearned Premiums. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $67,672,802.18 Reserve for Claims and Claim Expenses... . . . . . . . . . . . .. . . . . . . . . . . . . 41,895,388.11 Reserve for Taxes and Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4,109,853.99 Miscellaneous Reserves and other Liabilities. . . . . . . . . . . . . . . . . . . . . .. 6,697,809.72 TOTAL LIABILITIES.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $120,375,854.00 Capital Stock, Paid Up. . . . . . . . . . . . . . . . . . . . . . . . . . . . 85,000,000.00 Surplus. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . 102,841,778.81 Surplus as Regards Policyholders... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107,841,778.81 TOTAL. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8228,217,632.81 Securities carried at 84,370,175.00 in the above statement are deposited as required by law. 'Securities carried on the basis prescribed by the National Association of Insurance Commissioners. On the basis of December 31, 1980 market quotations for all bonds and stocks owned, this Company's total admitted assets would be 8226,759,189.79 and surplus as regards policyholders $106,419,335.79. 1,WILLIAM R. Amos, Treasurer of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing statement is a correct exhibit of the assets and liabilities of the said Company, on the 31st day of December, 1980, according to the best of my information, knowledge and belief. William R. Amos ---------------------------------- Treasurer STATE OF MARYLAND 1SS: CITY OF BALTIMORE J Subscribed and sworn to, before me, a Notary Public of the State of Maryland in the City of Baltimore, this 31st day of January, 1981. --- Stephanie A. Smith Notarial ------- -------------------- Seal Notary Public My commission expires July 1, 1982 • • Bond No._95-- Fidelityd Deposit Can HOME OFFICE OF MARYLAND BALTIMORE, MD. 21203 Executed in Triplicate Labor and Material Payment Bond Note: This bond is issued simultaneously with Performance Bond in favor of the owner conditioned on the full and faithful performance of the contract. KNOW ALL MEN BY THESE PRESENTS: That---------1ftirfield..Contractcrags--1=•-------------------------------------------------- ---------------------------- -------------------------- (Here insert the name and address or legal title of the Contractor) ------------------ ce,---Aden..City$_Xow_.Y9rk9---11530------------------------------------------------------------------ as Principal, hereinafter called Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora- tion of the State of Maryland, with its home office in the City of Baltimore, Maryland, U. S. A., as Surety, hereinafter called Surety, are held and firmly bound unto--- ----------------------------------------------------------------- ------ ___________________Towno---Southold,-----w--York------ (Here insert the name and address or legal title of the Owner) as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of-...-Thirty--One---Thousmd..Six.-Hundxed--Sixte-ext__&..50/100---------------------------------------- ----------------- ---------------------------------------- --------------------------------- --------------------------------------------------------------------.--------- (Here insert a sum equal to at least one-half of the contract price) Dollars ($,31_v_61.6..50------------------------------), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated......................................................................19........, entered into a contract with Owner for.---1%UMiAh_.&__plaC_Q..:4aa0-_C017T8e__.a8p11a7.t--- �Q�i� ------------------NeW-__SuffoU_AQe.,--PIMJ..._S(RT---81.-04----------------------------------------------------- ------------------- -------------- in accordance with drawings and specifications prepared by---------------E M.Corp..___.....------..-.___-.____.------.-_-.--- --- ------ Melville-'...New..YQxlt-------------------------------------- ------------- ------------------------..._..---------------- ------ --------- . (Here insert full name,title and address) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make pay- ment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract,then this obligation shall be void;otherwise it shall remain in full force and effect,subject,however,to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a sub-contractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the contract, labor and material being construed to include that part of water,gas, power, light, heat,oil,gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined,who has not been paid in full before the expiration of a period of ninety (90)days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: (a) Unless claimant,other than one having a direct contract with the Principal, shall have given written notice to any two of the following:The Principal, the Owner,or the Surety above named,within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished,or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly main- tained for the transaction of business,or served in any manner in which legal process may be served in the state in which the aforesaid project is located,save that such service need not be made by a public officer. (b) After the expiration of one (1) year following the date on which Principal ceased work on said Contract, it being understood,however,that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. (c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project,or any part thereof,is situated,or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith here- under, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement,whether or not claim for the amount of such lien be presented under and against this bond. Signed and sealed this--------------------------13-th---------------_ -----day of-----------------XV........................A.D. 19.Al. In the presence of: --------- ----- INC, (SEAL) Pr' cipal rH dl FIDELITY AND D SI CO ANY (SAMR D --•-••---.....--•--...----•---•--•----------•----------------------------------------- By----- ---------------- ----------..............._....-------------------(SEAL) Robert G. Tynan, Title Attorney-in-fact C309e 4-40m,4-80 210607 Approved by The American Institute of Architects,A.I.A.Document No.A-311 February 1970 Edition. Fidelity and Deposit Company - HOME OFFICE OF MARYLAND BALTIMORE SII Labor and Material Payment Bond No..................................... $................................ ON BEHALF OF -----------------------------------•------------.....--------... TO ---------------------------------------------------------------- ---------------------------------------------------------------- ---------------------------------------------------------------- New York STATEOF...........-........................................... COUNTY OF-------•--------•• •.-.-......Nassa�i--.._-------- ss: o On this...............----. I- .....-.......day of _- - - -— -—M.A ...........---------...19 -�-., before me personally �-._. U appeared.............-..-....... - - - - JONLh-HJkLey--------_................................................................................... with whom I am personally acquainted,who,being by me duly sworn,did depose and say: °. 16 Heath PI.Garden City,N.Y. President Thathe resides at.................................I.... - - ---- - -— - ------._.-_.._that he is the............................................................. ofthe.......................... MuirfieI_d...Cont.ra .t;nu, 1210 . the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of said corporation; that the seal thereto affixed is such corporate seal; that it is so affixed by order of the Board of Directors,and that he signed his name thereto by like order. JOHN I PARR TIN� !Notary Public, State of New York .................................. ----• •........... . _ ..._. ---------- No. 01PA3022648 t ry Public Qualified in Ulster County County BR(112)23 212448 Commission Expires March 30,198`_� STATE OF----- W Y T-k-------- COUNTY 00411lw__1C1i,05----------------------- On this-.-----.---- ----------- ---------o--- -day of----- - _----------------- A9--------- before me personally ared.-------��--•-- _ - ppea ---Rahart._Gx_J1LIlit n-------- -=----------------------- ----------------------------------------------- ------ -- with whom I am personally acquainted,who, being,by me duty sworn, did depose and say: 'That he resides at-flaw-Yar.k,Itaw- ark._-_-._--,____- --._, . -that he is the-__A k'k9_V l,V -in1—P11C� of the_FitlRjitg--Rnd__nRPgP t t► pant--°f- _ wyland- - ----- ------------- -----­­ i the corporation described in and which executed the foregoing instrument;that he knows the corporate seal of said corporation; that the seal thereto affixed is such corporate seal:that it was so affixed by order of the Board of Directors,and that he signed his name thereto by like order. PAUL A, MORELLO NDIARy pUgL1'G STAtt Of NEW YORK ft 414816244 OWAW to tl ltios%unb testified itt New York Couety Notary Public - - BR(I12)23 20W (blemksloM i�irMt Monk l0. Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: BALTIMORE.MD. KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY ANDDEPOSIT COMPANY OF MARYLAND, a corpora- tion of the State of Maryland, by C. M. PECOT, JR. , Vice-President, and C. W. ROBBINS , Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Com- pany, which reads as follows: SEc.2.The President,or any Executive Vice-President,or any of the Senior Vice-Presidents or Vice-Presidents specially author- ized so to do by the Board of Directors or by the Executive Committee,shall have power,by and with the concurrence of the Secre- tary or any one of the Assistant Secretaries,to appoint Resident Vice-Presidents,Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require,or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings,recognizances,stipulations,policies,contracts,agreements,deeds,and releases and assignments of judgments,decrees, mortgages and instruments in the nature of mortgages,and also all other instruments and documents which the business of the Com- pany may require,and to affix the seal of the Company thereto. does hereby nominate, constitute and appoint William F. Tynan, III and Robert G. Tynan, both of New York, 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. . . . . . . . . . . n the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Company,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 Company at its office in Baltimore, Md., in their own proper persons. This power of attorney revokes those issued on behalf of William F. Tynan, III, dated, September 27, 1978 and on behalf of Robert G. Tynan, dated, July 15, 1976. The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI, Section 2,of the By-Laws of said Company,and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed' their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this --------------------------11-t1i------------------------day of---------------March--------------------------------: A.D. 19-- al.- .0.4%Os , FIDELITY AND DEPOSIT COMPANY OF MARYLAND r== �y+, ATTEST: c sEM e Lo • 044� y Y4.rt -----'—'----------- Assistant Secretary Vice-President STATE OF MARYLAND SS: CITY OF BALTIMORE On this 11 th day of March A.D. 19 81 before the subscriber, a Notary Public of the State of Maryland,in and for the City of Baltimore,duly commissioned and qualified,came the above-named Vice-President and Assistant Secretary Of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and they each acknowledged the execution of the same,and being by me duly sworn, severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal,at the City of Baltimore,the day and year first above written. Orr NOT�RYi9 ___________________________ _________ ____ _ _____________________________y-___ 4i 1♦ 1V2 Notary Public ommissl lres_,Tli7.y___1-,___1 _----- ---- ____ CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original Power of Attorney of which the foregoing is a full,true and correct copy,is in full force and effect on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents spe- cially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI,Section 2 of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunt u scribed my name and affixeo,the corporate seal of the said Company, this ��-•---•....day of........ ---•--------'-- •------- ------ ---- -- -•-----••-•-•-------------------- ----------------- Assistant cret¢ry L1428Ctf.-1M,5-80 210737 L1458a-4SM. 1-81 -212470 . . • FIDELITY AND DEPOSIT COMPANY OF MARYLAND Statement of Financial Condition AS OF DECEMBER 31, 1980 ASSETS *Bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . $85,739,517.02 *Stocks. . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . .. . . . . .. . . . . . . . . . 119,104,436.69 Real Estate. . . . . . . . . . . . . . . . . . . . . .. .. . . . . . . . . . . . . . . . . . . .. . . . . . . . 3,112,832.16 Cash in Banks and Offices... . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . 5,088,881.46 Premiums in Course of Collection (less than 90 days old)... . . . . . . . . . . 12,969,899.76 Reinsurance and Other Accounts Receivable. . . . . . . . . . . . . . . . . . . . . . . 2,202,065.72 TOTAL ADMITTED ASSETS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $228,217,632.81 LIABILITIES, SURPLUS AND OTHER FUNDS Reserve for Unearned Premiums. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $67,672,802.18 Reserve for Claims and Claim Expenses... . . . . . . . . . . . .. . . . . . . . . . . . . 41,895,388.11 Reserve for Taxes and Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4,109,853.99 Miscellaneous Reserves and other Liabilities. . . . . . . . . . . . . . . . . . . . . .. 6,697,809.72 TOTAL LIABILITIES.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $120,375,854.00 Capital Stock, Paid Up. . . . . . . . . . . . . . . . . . . . . . . . . . . . $5,000,000.00 Surplus. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . 102,841,778.81 Surplus as Regards Policyholders... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107,841,778.81 TOTAL. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $228,217,632.81 Securities carried at $4,370,175.00 in the above statement are deposited as required by law. *Securities carried on the basis prescribed by the National Association of Insurance Commissioners. On the basis of December 31, 1980 market quotations for all bonds and stocks owned, this Company's total admitted assets would be $226,759,189.79 and surplus as regards policyholders $106,419,335.79. I,WILLIAM R. Amos, Treasurer of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing statement is a correct exhibit of the assets and liabilities of the said Company,on the 31st day of December, 1980, according to the best of my information, knowledge and belief. William R.-Amos— Treasurer . AmosTreasurer STATE OF MARYLAND1SS: CITY OF BALTIMORE J Subscribed and sworn to, before me, a Notary Public of the State of Maryland in the City of Baltimore, this 31st day of January, 1981. Stephanie A.-Smith--- Notary Public Seal My commission expires July 1, 1982 w Fidelity and Deposit COMPANY OF MARYLAND SWCE 18" r- Bonding and Insurance 4 WILLIAM E. HENDERSON, Ja. 7 -Presidmt 110 Walk=Street Nxw Yate,N. Y. 10038 lk i f G1102-24M.4-80 210321 • Bond No95---10---711-------- r Fidelityd Deposit Can HOME OFFICE OF MARYLAND BALTIMORE, MD. 21203 R-ceauted in Triplicate Performance Bond KNOW ALL HIEN BY THESE PRESENTS: That.----- ---InC..------------- ----------- ---- ----- --------- ---------------------------- -- ---------- (Here insert the name and address or legal title of the Contractor) ------------------1._Aga-U-.Place,- -CALrdm__CUty.,A10_W__y0rkq---11530---- ------------------ ------------------------------------- as Principal, hereinafter called Contractor, and FIDELITY AND DEPOSIT COMPANY of MARYLAND, a corpora- tion of the State of Maryland, with its home office in the City of Baltimore, Maryland, U. S. A., as Surety, hereinafter called Surety, are held and firmly bound unto-----------._--------_-----_-------------- ---------------._-----------------------__- ------- -------- Town-oP--Southolda--New-.pork------------------------------ -- - ---------------- -- --------- -------- ----- ------------------- . (Here insert the name and address or legal title of the Owner) as Obligee, hereinafter called Owner, in the amount of---------Thirty--Ou-*--Thousmd..S1x__Iiundr-ed_.;axteeu-dc_-50/100-------------------------------__- ------------ -- ----------- --- ---- ----------------------- --- ----- -- ---- -- -- -------------- ------------------------ - - ----------------- ---- -------------- - Dollars ($---3'1-r.616.50---------------------- -----), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated___._------_----_--------- -------____ ___-------------- -----19_______, entered into a contract with Owner for_fU_=1,41h_ _G9UaC1Se__aWkhalt._Q0o to---a ._._. _ Now--,.5Xdf0lk__AVe.-q__R!r'---`�Q�'--81-Q4,--------- ------ --------- -- --- ------------- ------------------- -------------- --------------------------- ----- ------------ -- ------------ ----------- -------------------- ---- ------- -- ------------- - in accordance with drawings and specifications prepared by______-.H2M__Car1p.__..._-________-__ ------ -- - ---------------- ASelville,---N*w---York-------------- - -------- (Here insert full name,title and address) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly (1) Complete the Contract in accordance with its terms and conditions, or (2) Obtain a bid or bids for completing the Contract in accordance with its terns and condi- tions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not, exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this para- graph, shall mean the total amount payable by Owner to Contractor render the Contract and my amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date )n which final payment under the contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other lh.m the Owner named herein or the heirs, executors, administrators or successors of ()vDrier. Signed and sealed this----------------------13th..___ _ _..-_ __ _day of------------ _MV __ _ _a.l). 19 81 _ LI the presence of: ( I.x'_` L,t Z, .LTiCII xrJ.G^.Il"Gp--SI;C- - --- ._(SEM.) 1 rin 'gal --------------------------------------------------------------------------------- - Jr H FIDELITY AND DEP S1 COMPANY OF MARYLA. ..,.,... mtobert G. Twp Title Attorney-in-fact C309f-40M,3-80 210202 Approved by The American Institute of Architects,A.I.A.Document No.A-311 February 1970 Edition. Fidelity and Deposit Company HOME OFFICE OF MARYLAND BALTIMORE Performanee Bond No..................................... $-------------------------------- ON BEHALF OF ---------------------------------------------------------------- TO ---------------------------------------------------------------- ---------------------------------------------------------------- ---------------------------------------------------------------- F _ _ f ST New Yor]9 .T 3 OF_---............. .........•.._.........-----_... Nassar OUNTY OF---•----•---................................. ss: On this.......-.......................... �...............---...day of----------- _ _-_. _`— ._._.................•......19.8 -.., before me personally i appeared---------------------------------•--------'maPI}a..L ---------------------------------------------•..................................•----...............--.......... with whom I am personally acquainted,who,being by me duly sworn,did depose and say: 16 Heath PI.Garden City, N. Y. gT�sidmit That he resides at...................... - ._....._ -... - - - - .... -------------- -----------that he is the............................................................. Muirfield Contracting,- Inc.. ofthe -- -__ - _ - - - _.._.._ - ____ __. -_-_-_-......-..........-..............................................-........... the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of said corporation; that the seal thereto affixed is such corporate seal; that it is so affixed by order of the Board of Directors,and that he signed his name thereto by like order. \ 1 JOFN J. PARR York l �J Notary pi,04.. Sta+ e ''f New No. 01PA30226 County _ inUlster •-;----------••-•------------••-------------------- BR(112)23 212448 Com►Yusslon Exp►res March 30�19� Notary PublicCounty STATE OF-18W—Y-0-r-k-------------------------- COUN-1Y OF...-ftjt-.Y-O-r-k On this--------------------------------------------- ...day of------------------• ----------------------------.19- I before me personally appeared.---..-..----- ---flaber-t-ra.-Jiman with whom I am personally acquainted, who,being by me duly sworn,did depose and say; That he resides at- -----KzW--Yctrk,--fta%t--York--- ------- _-_-__-__-__that he is the.At of the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of said corporation; that the seal thereto affixed is such corporate seal:that it was so affixed by order of the Board of Directors,and that he signed his name thereto by like order. PAULA MOREL LD NOTARY PUBLIC STATE Or NEW YOAK Nk41-41=44 WOW ki(lueens Counfy ------------------------------------ --------------------------------------- certmal In Now York county Notary Public C&unfv i Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: BALTIMORE,MD. KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora- tion of the State of Maryland, by C. M. PECOT, JR. , Vice-President, and C. W. ROBBINS , Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Com- pany, which reads as follows: SEc.2.The President,or any Executive Vice-President,or any of the Senior Vice-Presidents or Vice-Presidents specially author- ized so to do by the Board of Directors or by the Executive Committee,shall have power,by and with the concurrence of the Secre- tary or any one of the Assistant Secretaries,to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require,or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings,recognizances,stipulations,policies,contracts,agreements,deeds,and releases and assignments of judgments,decrees, mortgages and instruments in the nature of mortgages,and also all other instruments and documents which the business of the Com- pany may require, and to affix the seal of the Company thereto. does hereby nominate, constitute and appoint William F. Tynan, III and Robert G. Tynan, both of New York, 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. . . . . . . . . . . . . . . . . . .. . n the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Company,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 Company at its office in Baltimore, Md., in their own proper persons. This power of attorney revokes those issued on behalf of William F. Tynan, III, dated, September 27, 1978 and on behalf of Robert G. Tynan, dated, July 15, 1976. The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI,Section 2,of the By-Laws of said Company,and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed' their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this --------------------------11-th------------------------day of---------------Maxch------------------------------- A.D. 19--at_ a�opE� FIDELITY AND DEPOSIT COMPANY OF MARYLAND r> zm� IN ATTEST: SEAL� � .... �a c B 04,4e�r --------------------------•----------------------------------- Assistant SecretaryVice-President STATE OF MARYLAND i SS: CITY OF BALTIMORE J On this 11 th day of March A.D. 19 81before the subscriber, a Notary Public of the State of Maryland,in and for the City of Baltimore,duly commissioned and qualified ,came the above-named Vice-President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and they each acknowledged the execution of the same,and being by me duly sworn, severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal,at the City of Baltimore,the day and year first above written. Pp YJ f •}} P Notary Public oZ ires_,Tu7.y___1_,___1�__2_ #OLG t1 CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original Power of Attorney of which the foregoing is a full,true and correct copy,is in full force and effect on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents spe- cially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI,Section 2 of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF I have hereun scribed my name and affixAthe corporate seal of the said Company, this •------------------- { , day of �� - -------------•------------ 19_ --•------------- ------------------• ------- ------ Assistant cretary L1428Ctf.-1M,5-80 210737 L1458a-45M, 1-81 212470 FIDELITY AND DEPOSIT COMPANY OF MARYLAND Statement of Finaneial Condition AS OF DECEMBER 31, 1980 ASSETS *Bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . $85,739,517.02 *Stocks. . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . .. . . . . .. . . . . . . . . . 119,104,436.69 Real Estate. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3,112,832.16 Cash in Banks and Offices... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5,088,881.46 Premiums in Course of Collection (less than 90 days old)... . . . . . . . . . . 12,969,899.76 Reinsurance and Other Accounts Receivable. . . . . . . . . . . . . . . . . . . . . . . 2,202,065.72 TOTAL ADMITTED ASSETS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $228,217,632.81 LIABILITIES, SURPLUS AND OTHER FUNDS Reserve for Unearned Premiums. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $67,672,802.18 Reserve for Claims and Claim Expenses... . . . . . . . . . . . . . . . . . . . . . . . . . 41,895,388.11 Reserve for Taxes and Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4,109,853.99 Miscellaneous Reserves and other Liabilities. . . . . . . . . . . . . . . . . . . . . . . 6,697,809.72 TOTAL LIABILITIES.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $120,375,854.00 Capital Stock, Paid Up. . . . . . . . . . . . . . . . . . . . . . . . . . . . $5,000,000.00 Surplus. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102,841,778.81 Surplus as Regards Policyholders... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107,841,778.81 TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $228,217,632.81 Securities carried at $4,370,175.00 in the above statement are deposited as required by law. *Securities carried on the basis prescribed by the National Association of Insurance Commissioners. On the basis of December 31, 1980 market quotations for all bonds and stocks owned, this Company's total admitted assets would be $226,759,189.79 and surplus as regards policyholders $106,419,335.79. I,WILLIAM R. Amos, Treasurer of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing statement is a correct exhibit of the assets and liabilities of the said Company, on the 31st day of December, 1980, according to the best of my information, knowledge and belief. William R. Amos ---------------------------------- Treasurer STATE OF MARYLAND ISS: CITY OF BALTIMORE J Subscribed and sworn to, before me, a Notary Public of the State of Maryland in the City of Baltimore, this 31st day of January, 1981. Stephanie A. Smith Notarial ------------- ------------------- Seat Notary Public My commission expires July 1, 1982 Fidelity and Deposit Company HOME OFFICE OF MARYLAND BALTIMORE Labor and Material Payment Bond No..................................... -------------------------------- ON BEHALF OF ---------------------------------------------------------------- TO • -------------------------------- ------------------------------- ---------------------------------------------------------------- Bond No---95- 10_'-7ll-- Fidelityd Deposit Can HOME OFFICE OF MARYLAND BALTIMORE, MD. 21203 i;xecsuted in Triplicate Labor and Material Payment Bond Note: This bond is issued simultaneously with Performance Bond in favor of the owner conditioned on the full and faithful performance of the contract. KNOW ALL MEN BY THESE, PRESENTS: 71'hat :hairfi>eld--C=tr_aatinsert Inc.------ --- ---- - ----- -- ---- ---- - ---------- -- - ---- (Here the name and address or legal title of the Contractor) - 16-_ue�th__ lce• sden--ri3�. ilei--Y�rkF 114 - - -- -- - - -- --------------- ----------------- a i hereinafter called Principal, and FIDELITY AND DEPosI'r Con2PANY OF MARYLAND, a corpora- tion of the State of Maryland, with its home office in the City of Baltimore, Maryland, U. S. A., as Surety, hereinafter called Surety, are held and firmly bound unto -- ------- -- ----------- -------------------------------------- - --- 7`arxt_ox_`wOuthold_t ;47-ew YOrk - - - - --- --- - -- --- -- ---- - --- ---- ----- - ----- (Here insert the name and address or legal title of the Owner) as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of-.- Thir. --Onlot `1$uR:2and_ Al- 1undxead ------------------------------------- -- - - - - - ------ - ------ -- - - - - - ---- ---- ---- -------------- -------------, (Here insert a sum equal to at least one-half of the contract price) Dollars ($-34616.5V'-_ _________----______-__..), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement elated - --- ------ - - - _._ -- ______ _ _ ___19..------, entered into a contract with Owner for t'11i@la_ r°,cj)lACo_loaxe..t3191 8@__ Bjlhalt.0101 orot/--0�1-.-. -- --New 4uffolk-..Ave._9 --- - --- ---- --- - - ------------ - - - - - - - - - -- ---- ------ --- in -in accordance with drawings and specifications prepared b%- ------------112K-Wry :--------------.------ ---------------------- - --- - - ----------- _ - - - (Here insert full name,title and address) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, T1lEREI,ORE, T11E CONDI'T'ION Ol� -1.111S OBLIGATION is such that, if Principal shall promptly make pay- ment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void;otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one hating a direct contract with the Principal or with a sub-contractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined,who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may site ou this bond for the use of such claimant, prosecute the suit to final judgment for such stun or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: (a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: The Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished,or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly main- tained for the transaction of business,or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. (b) After the expiration of one (1) year following the date on which Principal ceased work on said Contract, it being understood,however,that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. (c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project,or any part thereof,is situated,or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith here- under, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. Signed and sealed this---------------- ------13 ----- - ---- - --- -day of---- -----------�'-�'------- ----------------A.D. 19--81- In the presence of: 'I: _11_LD CONT'tAM.7NrINC. - - - - -----------(SEAL) Prin ¢l ------------------------------------------ ----- ------ - -------------- 1- --------- J, Ne PL EY PR �bFNT� FIDELITY AND DE S COMP OF MARY AN B ' - - - ---- - SEAL ---------- ------------- ------------------------------------- ----- ) ---- (SEAL) itOhl.xt :1. -- - 7'itle tit orney—in—jp act C309e/--40M,4-so 210607 Approved by The American Institute of Architects,A.I.A.Document No.A-311 February 1970 Edition. Fidelity and Deposit Company HOME OFFICE OF MARYLAND BALTIMORE Labor and Material Payment Bond No..................................... -------------------------------- ON BEHALF OF ---------------------------------------------------------------- TO ---------------------------------------------------------------- ---------------------------------------------------------------- ---------------------------------------------------------------- New Yorlil STATEOF-...^.............'^----------------•---......-"--. Was 39: COUNTY OF ......... - - On this.......-............. - -• ........----...day of - - ---....Y----------- — - .......................19e ..., before me personally appeared------------------ - - --r*pn H. Faq ff-----•------------•----------------- - - with whom I am personally acquainted,who,being by me duly sworn,did depose and say: 16 Heath PI.Garden City,N.Y. TFresident That he resides at.---------- -- - - - _..__. - ---------------that he is the............................................................. of the... Muirfield Contracting, Inc. the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of said corporation; that the seal thereto affixed is such corporate seal; that it is so affixed by order of the Board of Directors,and that he signed his name thereto by like order. r JOHN J. PARR Notary Public, State of New York -•.......... ........ ....-•-'-•-- ........__......................................... No. 01 PA3022648 Notary Public "a Qualified in Ulster County County =.f, BR(112)23 212448 Commission Expires March 30,198 STATE OF."err York - _ y COUNTY OF ss:_I� k --- On this.---------------------------------------/Ij__dago#--- _.___. --------------19_ �„ before me Peraony appeared_------ ------ -ftbj Xt..fi.x..ZjtFf&n - - - with whom I am personally acquainted,who,being^by1me duly sworn,-did depose Y>and'sa - That he resides at-------Ni[Mt-. azKo._VA-!lark-. _ -- .A _ - . .that 11e is the � J66R�.:�:�316�.�".INt��. ,of the fidlttgpd__Depoft_ Caq._ f - ?3t.4n.d_ __ the corporation described in and which executed the foregoing instrument;that he knows the corporate��. --_.-_ rpurate o!;mid Gorpp"psl, that the seal thereto affixed is such corporate seal:that it was so affixed,by order of the Board of Directors,and tkot he signed his; name thereto by tike order. PAULA AAMELLQ NOTARY PUKM STATE OF NEW Y649 �!... �f _ ft 41414+Daddy!in tNseen$County . --------- - - - drti M to New"Caurlty i..- 1VQtary Fubtis BR(112)23 206637 CO Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: BALTIMORE.MD. KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora- tion of the State of Maryland, by C. M. PECOT, JR. , Vice-President, and C. W. ROBBINS , Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Com- pany, which reads as follows: SEc.2.The President,or any Executive Vice-President,or any of the Senior Vice-Presidents or Vice-Presidents specially author- ized so to do by the Board of Directors or by the Executive Committee,shall have power,by and with the concurrence of the Secre- tary or any one of the Assistant Secretaries,to appoint Resident Vice-Presidents,Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require,or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings,recognizances,stipulations,policies,contracts,agreements,deeds,and releases and assignments of judgments,decrees, mortgages and instruments in the nature of mortgages,and also all other instruments and documents which the business of the Com- pany may require,and to affix the seal of the Company thereto. does hereby nominate, constitute and appoint William F. Tynan, III and Robert G. Tynan, both of New York, 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. . . . . . . . . . . n the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Company,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 Company at its office in Baltimore, Md., in their own proper persons. This power of attorney revokes those issued on behalf of William F. Tynan, III, dated, September 27, 1978 and on behalf of Robert G. Tynan, dated, July 15, 1976. The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI,Section 2,of the By-Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this --------------------------11-th--------- --------------day of---------------March------------------------------- A.D. 19--81-- p s�r FIDELITY AND DEPOSIT COMPANY OF MARYLAND ATTEST: SEAL� co w - ________________ By____________________.________________________________.______.. Assistant Secretary Vice-President STATE OF MARYLAND l SS: CITY OF BALTIMORE J On this 11 th day of Maxch A.D. 19 81 before the subscriber, a Notary Public of the State of Maryland,in and for the City of Baltimore,duly commissioned and qualified,came the above-named Vice-President and Assistant of Secretary the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and they each acknowledged the execution of the same,and being by me duly sworn, severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal,at the City of Baltimore,the day and year first above written. r __ _--------------- ------- *: i* :' Notary Public ommisslo E Ires_,7tiJ.y___1_,___14__2- `°° CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original Power of Attorney of which the foregoing is a full,true and correct copy,is in full force and effect on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents spe- cially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI,Section 2 of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." Ix TESTIMONY WHEREOF, I have hereunto s scribed my name and affixe the corporate seal of the said Company, this .3...day of..------.. ---- ----------•------------------ 19---�� ------------------------------------------------ .3 ...day ----•............. ... . ------------Assistant cretary L1428Ctf.-1M.5-80 210737 L1458a-4SM, I-S1 212470 • FIDELITY AND DEPOSIT COMPANY OF MARYLAND Statement of Financial Condition AS OF DECEMBER 31, 1980 ASSETS *Bonds. . . . . . . . . . . . . . . . . . . .. . . . . .. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . $85,739,517.02 *Stocks. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . .. . . . . . . . . . . .. . . . . . . . . . 119,104,436.69 Real Estate. . . . . . . . . . . .. . . .. . . .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . 3,112,832.16 Cash in Banks and Offices... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5,088,881.46 Premiums in Course of Collection (less than 90 days old)... . . . . . . . . . . 12,969,899.76 Reinsurance and Other Accounts Receivable. . . . . . . . . . . . . . . . . . . . . . . 2,202,065.72 TOTAL ADMITTED ASSETS. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . $228,217,632.81 LIABILITIES, SURPLUS AND OTHER FUNDS Reserve for Unearned Premiums. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $67,672,802.18 Reserve for Claims and Claim Expenses... . . . . . . . . . . . . . . . . . . . . . . . . . 41,895,388.11 Reserve for Taxes and Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4,109,853.99 Miscellaneous Reserves and other Liabilities. . . . . . . . . . . . . . . . . . . . . .. 6,697,809.72 TOTAL LIABILITIES.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $120,375,854.00 Capital Stock, Paid Up. . . . . . . . . . . . . . . . . . . . . . . . . . . . 55,000,000.00 Surplus. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102,841,778.81 Surplus as Regards Policyholders.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107,841,778.81 TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5228,217,632.81 Securities carried at $4,370,175.00 in the above statement are deposited as required by law. *Securities carried on the basis prescribed by the National Association of Insurance Commissioners. On the basis of December 31, 1980 market quotations for all bonds and stocks owned, this Company's total admitted assets would be $226,759,189.79 and surplus as regards policyholders $106,419,335.79. I,WILLIAM R. Amos, Treasurer of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing statement is a correct exhibit of the assets and liabilities of the said Company,on the 31st day of December, 1980, according to the best of my information, knowledge and belief. William R. Amos ---------------------------------- Treasurer l STATE OF MARYLAND 1SS: CITY OF BALTIMORE fJ Subscribed and sworn to, before me, a Notary Public of the State of Maryland in the City of Baltimore, this 31st day of January, 1981. Notarial ---------- Stephanie A.---------------Smith--------- Seat Notary Public My commission expires July 1, 1982 _ a at �:�,�1�i°>. ��t!•V�"�-�°'�0'"� !A.�ka+a" '',�1pi"��,�a'�"""r'�s.. '-� �A.0 re ,_� �� �w� :��, _— ,__. 4 Fidelity and Deposit COMPANY OF MARYLAND ' SINCE a I89Q VV f Bonding and Insurance f 'I WILLIAM E. HENDERSON, Js. 110 Wi!>iam Street Nsw Yom N. Y. 10038 I f G1102-24M.4.80 210321 UZI HOLZMACHER,MCLENDON and MURRELL,P.C. •CONSULTING ENGINEERS,ENVIRONMENTAL SCIENTISTS and PLANNERS 575 BROAD HOLLOW ROAD, MELVILLE, N.Y. 11747 • 516-694-3040 RECEIVED JUN 1819$1 June 17, 1981 Town of Southold Town Hall Main Road Southold, NY 11971 RE: SOHT 81-04, Bid Date: 4/30/81 Furnishing and placing base course asphalt concrete on new Suffolk Ave. Gentlemen: Specifications for the above have been returned by the following bidder, who is the low bidder which entitles him to a full refund of their deposit of Twenty Five Dollars ($25.00) . Muai,rfield Contracting, Inc. 16 Heath Place Garden City, NY 11530 Check #k 2161 $25.00 Very truly yours, HOLZMACHER, McLENDON & MURRELL, P.C. Teri M. Mazzitelli Personnel Dept. tmm Melville,New York • Farmingdale,New York • Riverhead,New York UZI i 3Z4c\ TIN HOLZMACHER,McLENDON and MURRELL,P.C. •CONSULTING ENGINEERS,ENVIRONMENTAL SCIENTISTS and PLANNERS 125 BAYLIS ROAD, MELVILLE, N.Y. '1747 • 51F.-75 -9060 CERTIFIED RETURN RECEIPT REQUESTED June 12 , 1981 1 ' JUN 15 1981 - 4 TOWN OF SOUTHOLID Muirfield Contracting, Inc. 16 Heath Place Garden City, New York 11530 Re: Town of Southold Base Paving New Suffolk Avenue SOHT 81-04 Attention: Mr. Jim Farley Gentlemen: As you are aware, the Town Board, of the Town of Southold, has awarded your firm the contract for the above referenced pro- ject in the amount of: $31,616.50 . The contract documents have been delivered to Mr. William R. Pell III, Town Supervisor, and you may call Supervisor Pell at 516-765-1800 to make arrangements to sign these documents . At that time you should, of course, bring the required perform- ance bond and insurance certificates . In addition , it would be helpful if you would forward to us your anticipated work schedule. We, of course, realize that weather and other factors may alter your schedule, but a tenta- tive schedule is always helpful. Prior to ordering any material or finalizing any sub- contracts, you should submit to us the naimel of your proposed suppliers and sub-contractors for our approval. Melville,New York • Farmingdale,New York • Riverhead,New York n 41, ., 1. .2, 19E, rig � '.•f a .. If you ?'aavc any As �' � YC ,Ek' .`y please do .no' t bes. $'c^to to 4-t- ps iS4 � A"ICj ryOGgTi171'(a '^QI.A}.y�i. +%y{ �.g �f �Ja1��ifip, x"` C� 1� �•T.i. @t k Board n 'k - ��.,:•__.W._e;:�__ a OFFICFOF TO CX,ERK TQ. OF,OUTHQL JUDITH T.TERRY SI F:FOLK COUNT TELEPHONE TowN CLERK �." tw (516) 765-1801 REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 May 14, 1981 H2M Corporation 125 Baylis Road Melville, New York 11746 Attention: Mr. Bill Spitz Dear Mr. Spitz : In accordance with your telephone call this morning, I am enclosing the two (2) remaining copies of the "Contract and Speficiations for Furnishing and Placing Base Course Asphalt Concrete on New Suffolk Avenue - Project No. SOHT 81-04" . Very truly yours, Judith T. Terry Town Clerk JTT/bn Enclosures (2) ,611 0 HOLZMACHER,McLENDON and MURRELL,P.C. •CONSULTING ENGINEERS,ENVIRONMENTAL SCIENTISTS and PLANNERS 575 BROAD HOLLOW ROAD, MELVILLE, N.Y. 11747 • 516-694-3040 RECEIVED MAY 1 1981 Tom Cork lSout iotd May 8, 1981 Town of Southold Town Hall Main Road Southold, NY 11971 Re: SOHT 81-049 Bid Date: 4/30/81, Furnishing and placing base course asphalt concrete on new Suffolk avenue Gentlemen: We enclosed checks made payable to the Town of Southold, covering a deposit for Twenty Five Dollars ($25.00) for Plans and Specifications by the following: Muirfield Contracting, Inc. 16 Heath Place Garden City, NY 11530 Check # 2161 $25.00 Very truly yours, ALL, P.C. TOWN CLERK TOWN OF SOUTHOLD Suffolk County, New York 516 - 765-1801 J 7 4 0 Southold, N. Y. 11971� i RECEIVED OF �? �� � G L For, - Judith T. Terry, T k .ash r_1 Cheep ✓ - Melville,New York • Farmingdale,New York • Riverhead,New York f g eco OF 11, OF" O C K O� T O OUT - JUDITH T.TERRY F�QT _. * TELEPHONE TOWN CLERK y (516) 765-1801 REGISTRAR OF VITAL STATISTICS Southold, L. L, N. Y. 11971 May 7, 1981 Mr. Joseph H. Farley, President Muirfield Contracting, Inc. 16 Heath Place Garden City, New York 11530 Dear Mr. Farley: The Southold Town Board at a regular meeting held on May 5, 1981 accepted your bid for furnishing and placing base course asphalt concrete type lA (approximately 925 tons) on New Suffolk Avenue, Mattituck, New York, at a bid price of $31,616. 50. This date Holzmacher, McLendon and Murrell, P .C. has been notified to proceed with preparing the contract for signing and you will be advised when it is ready. Very truly yours, Judith T. Terry Southold Town Clerk 0 ��FGur OFFI( O �O. K TCNN O JUDITH T.TERRY F U , ` TELEPHONE Town CLERK (516) 765-1801 REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 May 7, 1981 Donald A. Sioss, P.E . Holzmacher, McLendon and Murrell, P.C. 209 West Main Street Riverhead, New York 11901 Dear Don: The Southold Town Board at a regular meeting held on May 5, 1981 adopted the following resolution: RESOLVED that the Town Board of the Town of Southold accept the bid of Muirfield Contracting, Inc. , 16 Heath Place, Garden City, New York, for furnishing and placing base course asphalt concrete type lA (approx- imately 925 tons) on New Suffolk Avenue, Mattituck, New York, at a bid price of $31, 616. 50. Very truly yours, Judith T. Terry Southold Town Clerk r • i HOLZMACHER,McLENDON and MURRELL,P.C. •CONSULTING ENGINEERS,ENVIRONMENTAL SCIENTISTS and PLANNERS 209 WEST MAIN STREET, RIVERHEAD, N.Y. 11901 • 516-727-3480 RECEIVED MAY 41981 May 4 , 1981 Town Clark Southold Supervisor William R. Pell III and Members of the Town Board Town of Southold Main Road Southold, New York 11971 Re: Town of Southold Base paving on New Suffolk Avenue SOHT 81-04 Gentlemen: On May 1 , 1981, public bids were received for base paving in conjunction with the reconstruction of part of New Suffolk Avenue. Only one bid was actually received; submitted by Muirfield Contracting Inc. of Garden City, New York. We have carefully checked the prior record of this contractor 's performance on several projects for other municipalities and found that the work is reportedly of acceptable quality. The contractor is generally able to complete the work as scheduled, and has a record of being cooperative. We have also assessed the bid price which was submitted. Although only one bid was submitted, we find that the bid price of $34. 18 per ton is a competitive figure. Therefore, we recommend that the base paving contract be awarded to Muirfield Contracting, Inc. , as their work record is favorable, and it is not anticipated that appreciable cost savings could be realized by re-bidding the work. Melville,New York • Farmingdale,New York • Riverhead,New York 0 ! Supervisor and Members of the Town Board Page 2 Town of Southold May 4, 1981 Please have the Town Clerk forward us a copy of the authorizing resolution as soon as possible so that we may proceed with preparing the contract for signing. If you have any questions , please do not hesitate to contact our office. Very truly yours, HOLZM HERVoss, & MURRELL, P .C. Donald A. WHS:bal cc: Raymond C. Dean, Supt . of Highway Judith T. Terry, Town Clerk Robert Tasker, Esq. NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN that SEALED BIDS will be,received by the Town Clerk of the Town of Southold at the Town Hall, Main Road, Southold, New York, until 11:00 A.M., prevailing time, COUNTY OF SUFFOLK, I Friday, May 1, 1981, at w STATE OF NEW YORK, � ss: which time and place they will � be publicly'opened and read' for the following contract: FURNISHINGAND I. . . . . . . . .D,a�Ad- .14. • lvialker. . . . . . . . being duly Sworn, PLACING BASE COURSE ASPHALT CONCRETE ON says that . . .he . , is Printer and Publisher of the SUFFOLK NEW SUFFOLK AVENUE The above item must con- WEEKLY TIMES, a newspaper published at Greenport. in said form to the Specifications of the Suffolk County Depart- county; and that the notice. of which the annexed is a printed ment of Public Works for Item 45SP -- Base Course Asphalt copy, .has been published in the said Suffolk Weekly Times Concrete Type IA. Specifications may be ob- once in each week, for . . . . . . . . .l. . . . . . . . . . . . . . . . . . weeks tained on or after April 24,1981 at the Town Hall and offices of successively commencing on the . . . . . . . . . . . . . . . . . . . . . . . . . the,. Consulting . Engineers;. . HOLZMACHER,MCLENDON day of . . . . . �T?T: . . . . . . . 19. . & MURRELL, P.C., 209 West 1 Main Street, Riverhead, New C"; York, 11901, and 125 Baylis Road, Melville, Newyork, Sworn to before me this . . . ?3. . . . . 11747, upon deposit of twenty-- } five dollars ($25.00) for each day of . . j�l.?. . . . . . 19. 1... J/ set furnished. !C; l�J L UIIQ_ Deposits for Specifications . , , , , , , , , , , , . . . . . . . . . . . . . . . . will be refunded to bidders who return Specifications • . . • • . . . . . . . . . . . . . • . . . • . • • . • • • • • • • . • • within ten (10) days in good condition; other deposits will either be partially or not 13ELEN K. DE VOE refunded if the Specifications NUiARY PU13LIC, State of Nev York have not been returned in good Nu.4707878, Suffolk County condition within thirty (30) Term Expires March 30, 19,L3 days after bids have been opened. Each Proposal must be ac- companied by a certified check_ or bid .bond in the amount of five percent(5%) of the total bid, made payable to William R. Pell, III, Super- visor,Town of Southold,as set forth in the Information to Bidders. The Town reserves the right to reject any or all bids, to waive any informalities and to accept such alternate bid which, in the opinion of the Town Board,will be in the best interests of the Town. BY ORDER OF THE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK JUDITH T.TERRY, TOWN CLERK TOWN OF SOUTHOLD SOUTHOLD,NEW YORK 11971 DATED: APRIL 21, 1981 NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN that SEALED BIDS will be received by the Town Clerk of the Town of Southold at the Town Hall Main Road, Southold, New York, until Main Street, Riverhead, New William R. Pell, III, Super 11:00 A.M., prevailing time, York, 11901, and 125 Baylis visor,Town of Southold,as set on Friday, May 1, 1981, at Road, Melville, New York, forth in the Information to which time and place they will 11747, upon deposit of twenty- Bidders. be publicly opened and read' five dollars ($25.00) for each The Town reserves the right for the following contract: set furnished. to reject any or all bids, to being duly Sworn. FURNISHING AND Deposits for Specifications waive any informalities and to PLACING BASE COURSE will be refunded to bidders accept such alternate bid her of the SUFFOLK ASPHALT CONCRETE ON who return Specifications which, in the opinion of the NEW SUFFOLK AVENUE within ten (10) days in good Town Board,will be in the best at Greenport. in said The above item must con- condition; other deposits will interests of the Town. form to the Specifications of either be partially or not BY ORDER OF annexed is a printed the Suffolk County Depart- refunded if the Specifications THE TOWN OF ment of Public Works for Item have not been returned in good SOUTHOLD uffolk Weekly Times 45SP -- Base Course Asphalt condition within thirty (30) SUFFOLK COUNTY, Concrete Type IA. days after bids have been NEW YORK • • • • • • • • • • • • • • weeks Specifications may be ob- opened. JUDITH T.TERRY; tained on or after April 24,1981 Each Proposal must be ac- TOWN CLERK 3 . • • • • • • • • • • • • • • • at the Town Hall and offices of companied by a certified TOWN OF SOUTHOLD the Consulting Engineers, check or bid bond in the SOUTHOLD,NEW YORK HOLZMACHER,McLENDON amount of five percent(5%)of 11971 & MURRELL, P.C., 209 West the total bid, made payable to DATED: APRIL 21, 1981 . . . . . . . . . . . . . . . . . . . . . aayai .1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . HELEN K. DE VOE NOTARY PUBLIC, State of New York No.4707878, Suffolk Count Term Expires March 30, 123 COUNTY OF SUFFOLK, 1 STATE OF NEW YORK, SS: I David H. Walker being duly Sworn, I� . says that . .he. . . . is Printer and Publisher of the SUFFOLK 'i WEEKLY TIMES, a newspaper published at Greenport. in said 'i county; and that the notice, of which the annexed is a printed 'i copy, has been published in the said Suffolk Weekly Times once in each week, for . . . . . . . . . . . . . . . . . . . . . . . . . weeks successively commencing on the . . . .2.3. . . . . . . . . . . . . . . . . . . . day of . .April. . 19. . . G..�/. . . . . . . . .. . . . . . . . . . Sworn to before me this . .23 . . . . . . ' i day of . . . .April . . . . . . . 19.81.. r, I' HELEN K.DE VOE NOTARY PUBLIC.State of New York No.4707878, Suffolk Oounf�-! Term Expires March 30, 123 'w,I p _..— -- - NOTICE TO BIDDERS COUNTY OF SUFFOLK K"Ivv IS • HEREBY ss: STATE OF NEW YORK GIVEN that SEALED BIDS will be received by the Town Clerk of the Town of Southold at the Town Hall, Main Road, Southold, New York until Patricia Wood, being duly sworn, says that she is the 11:00 A.M., prevailing time, Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, on Friday, May 1, 1981, at which time and place they will a public newspaper printed at Southold, in Suffolk County; be publicly opened and read and that the notice of which the annexed is a printed copy, for the following contract: FURNISHING AND PLACING has been published in said Long Island Traveler-Watch- BASE COURSE ASPHALT CONCRETE ON man once each week for .....................................weeks NEW SUFFOLK AVENUE The above item must con- successively, commencing on the ....Q.'s....................... form to the Specifications of the Suffolk County .Depart- day of .......... ................. I9.S..� ment of Public Works for Item 45SP - Base Course Asphalt \ -- ............... Concrete Type IA. Specifications may be ob- tained on or after April 24, 1981 at the Town Hall and offices of the Consulting En- gineers, HOLZMACHER, Mc- LENDON& MURRELL, P.C., Sworn to before me this .............. ............. day of 209 West Main Street, River- head, New York 11901, and I9.S... 125 Baylis Road, Melville, New York 11747, upon deposit of twenty-five dollars ($25.00) for each set furnished. i Deposits for Specifications will be refunded to bidders who return Specifications Notary Public within ten (10) days in good condition; other deposits will either be partially or not refunded if the Specifications have not been returned in condition within thirty (30) days after bids have been opened. Each Proposal must be accompanied by a certified check or bid bond in the amount of five percent(5%)of the total bid, made payable to William R. Pell, III, Super- visor,Town of Southold, as set forth in the Information to Bidders. The Town reserves the right to reject any or all bids, to waive any informalities, and to accept such alternate bid which, in the opinion of the Town Board,will be in the best interests of the Town. BY ORDER OF THE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK JUDITH T.TERRY, Town Clerk TOWN OF SOUTHOLD SOUTHOLD,NY 11971 DATED:April 21,1981 1T,4/23/81(70) NOTICE TO BIDDERS COUNTY OF SUFFOLK NOTICE IS HEREBY STATE OF NEW YORK ss: GIVEN that SEALED BIDS will be received by the Town Clerk of the Town of Southold at the Town Hall, Main Road, Patricia Wood, being duly sworn, says that she is the Southold, New York until Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, 11:00 A.M., prevailing time, on Friday, May 1, 1981, at Q public newspaper printed at Southold, in Suffolk County; which time and place they will and that the notice of which the annexed is a printed copy, be publicly opened and read for the following contract: has been published in said Long Island Traveler-Watch- FURNISHING AND PLACING BASE COURSE ASPHALT man once each week for .................)......................weeks CONCRETE ON NEW SUFFOLK AVENUE successively, commencing on the ...... 7�..................... The above item must con- form to the Specifications of day `,...... 5. 19 the Suffolk County. Depart- ment of Public Works for Item ................ .............>..4.....: ....Y.... . . ... 45SP - Base Course Asphalt Concrete Type 1A. Specifications may ,be ob- tained on or after April 24, 1981 at the Town Hall and offices of the Consulting En- gineers, HOLZMACHER, Mc- Sworn to before me this ............ ................ day of LENDON& MURRELL, P.C., 209 West Main Street, River- :" -�•••••..•..., 19.. head, New York 11901, and 125 Baylis Road, Melville, New York 11747, upon deposit of twenty-five dollars ($25.00) for each set furnished. ` Deposits for Specifications ............. .................... ... .......... ........ ......... ........ will be refunded to bidders Notary P lic �:. who return Specifications within ten (10) days in good condition; other deposits will either be partially or not refunded if the Specifications Qom. have not been returned in condition within thirty (30) days after bids have been opened. Each Proposal must be accompanied by a certified check or bid bond in the amount of five percent(5%)of the total bid, made payable to William R. Pell, III, Super- visor,Town of Southold, as set forth in the Information to Bidders. The Town reserves the right to reject any or all bids, to waive any informalities, and to accept such alternate bid which, in the opinion of the Town Board,will be in the best interests of the Town. BY ORDER OF THE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK JUDITH T.TERRY, Town Clerk TOWN OF SOUTHOLD SOUTHOLD,NY 11971 DATED:April 21, 1981 1T,4/23/81(70) I _ STATE OF NEW YORK: SS: COUNTY OF SUFFOLK: JUDITH T. TERRY, Town Clerk of the Town of Southold, New York, being duly sworn, says that she is over the age of twenty-one years; that on ' the 20th day of April 19 81 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: - Town Clerk Bulletin Board, Town Clerk Office, Main Road, Southold, New York 11971 Notice to Bidders: furnishing and placing base course asphalt , concrete on New Suffolk Avenue. Bid opening - 11: 00 A. M. , May 1, 1981. o Judith T. Terry Southold Town Cler 7r Sworn to before me this 20th day of April % , 1981 , Notary Pub ELIZABETH ANN NEVILL@ NOTARY PUBLIC, State of New York No. 52.8125850, Suffolk Coupjy, Term Expires March 30. 19 HAACHER, McLENDON& MURRELL, P.C.I H2M*P. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS ,.NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN that SEALED BIDS will be received by the Town Clerk of the Town of Southold at the Town Hall, Main Road, Southold, New York, until 11 : 00 A.M. , prevailing time, on Friday —, May 1 , 1981, at which time and place they will be publicly opened and read for the following contract: FURNISHING AND PLACING BASE COURSE ASPHALT CONCRETE ON NEW SUFFOLK AVENUE The above item must conform to the Specifications of the Suffolk County Department of Public Works for Item 45SP - Base Course Asphalt Concrete Type 1A. Specifications may be obtained on or after April 24, 1981 at the Town Hall and offices of the Consulting Engineers, HOLZMACHER, McLENDON & MURRELL, P.C. , 209 West Main Street, Riverhead, New York, 11901 , and 125 Baylis Road, Melville, New York, 11747 , upon deposit of twenty-five dollars ($25 . 00) for each set furnished. Deposits for Specifications will be refunded to bidders who return Specifications within ten (10) days in good condition; other deposits will either be partially or not refunded if the Specifications have not been returned in good condition within thirty (30) days after bids have been opened. Each Proposal must be accompanied by a certified check or bid bond in the amount of five percent (5%) of the total bid, made payable to William R. Pell, III , Supervisor, Town of Southold, as set forth in the Information to Bidders. The Town reserves the right to reject any or all bids, to waive any informaiities and to accept such alternate bid which, in the opinion of the Town Board, will be in the best interests of the Town. BY ORDER OF THE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK JUDITH T. TERRY, TOWN CLERK TOWN OF SOUTHOLD SOUTHOLD, NEW YORK 11971 DATED: APRIL 2.L, 1981 (OVER) PLEASE PUBLISH ONCE, APRIL 23, 1981, AND FORWARD TWO AFFIDAVITS OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following on April 20, 1981: The Suffolk Times The Long Island Traveler-Watchman Town Board Members Highway Superintendent Town Clerk Bulletin Board HOLZMACHER,McLENDON and MURRELL,P.C. •CONSULTING ENGINEERS,ENVIRONMENTAL SCIENTISTS and PLANNERS 209 WEST MAIN STREET, RIVERHEAD, N.Y. 11901 • 516-727-3480 April 16 , 1981 Mr. Raymond C. Dean Supt. of Highways Town of Southold Main Road Southold, New York 11971 Re: Town of Southold New Suffolk Avenue Base Paving SOHT 80-03 Dear Ray: Pursuant to our telephone conversation this afternoon, enclosed herewith is an Advertisement for Bid for the above- referenced project. We have not included dates on the enclosed, as we under- stand these dates will be contingent upon when the Town Board meets in May, and how soon you can place the ad in the local newspaper. Following the Town Board meeting on Tuesday, April 21st, please advise us as soon as possible regarding the bid date you establish, so we may schedule our efforts accordingly. Please feel free to contact our office if you have any questions concerning the enclosed, or the project in general . Very truly yours, HOLZMACHER, MCLENDON & MURRELL, P.C. Donald A. Sioss, P.E. WHS/abc Enclosure rl 4 s LSOUTHOLD_ uT `r i !i Y.. .. .- -�� Melville,Now York • Farmingdale.Now Yak 9 Riverhead,New York . i October 2, 1980 OCT Por. Raymond C. Dean Superintendent of Highways Town of Southold Town Hall, I-lain Road Southold, New York 11971 Dear 'Mr. Dean: This will be to reconfirm the fact that your Town is eligible under the Off System Road Program for a grant of $127,255.00 (70% of which is re- imbursable by the Federal Government) for the reconstruction of New Suffolk Avenue in the Town of Southold. As stated by D. Gensinger of this of- fice, you may start this work now. Records for all your expenditures should be kept on the forms attached. If you have any further questions on the above project, please call Doug Gensinger at 979-5136. Sincerely yours, T. C. HOFFI-W; Regional Tra f c Engineer ,- Region. 10 cc: v own 'Supervisor, Town of Southold Town Board, Town of Southold TCH:DG:JW u ; 7-7 U T.L. — tty. F;ua. u:it2 RESOLUTION - SEPTEMBER 9, 1980 RESOLVED that Holzmacher, McLendon and Murrell, P.C. be and they hereby are retained as professional engineers to provide construction and engineering project services with respect to the relocation of New Suffolk Avenue in the area of Airport Road at Mattituck, at a cost of $7200. 00, all in accordance with the proposal of Holzmacher, McLendon and Murrell, P. C. dated September 4, 1980, a copy of which is filed with the Town Clerk. OBERT G HOLZMACHER.P VP.LS AMUEL C McLENDON,P E ORMAN E.MURRELL.P.E. H 2 M Corp. f UGO D.FRED ENETHAL,Ph 0 HOLZMACHER,McLENDON and MURRELL,P.C. ARL E BECKER.PE HN J MOLLOY.P E CONSULTING ENGINEERS, ENVIRONMENTAL SCIENTISTS and PLANNERS ONALD A.SIOSS.P E. 575 BROAD HOLLOW ROAD,MEL.VILLE,NY 11747(516 694 .30401K IEFFREY RY E.LOESCH.P.E. 560 BROAD HOLLOW ROAD,MELVILLE.NY 11147(5161 152-9060] IA M $HRIVASTAVA. E. ARLE$E BANKS.P.E. 375 FULTON STREET,FARMINGDALE.NY 11735(516)69434100 NTHONY SIMONE.L S. 209 WEST MAIN STREET7 .RIVERHEAD,NY 11901 (5161 7234800 BERT J.McGINNIS.PE 40 PARK PLACE.NEWTON,NJ 0/860(201)383 3544❑ A.HARTMAN.P.E. September 4, 1980 Supervisor William R. Pell, III and Town Board Town of Southold Town Hall Main Road Southold, New York 11971 Re: Town of Southold Proposed Reconstruction of New Suffolk Avenue Dear Supervisor Pell: Pursuant to our recent discussions with Superintendent of Highways Raymond Dean, we are writing herewith to outline the status of the above referenced project and to present a proposal for Professional Services in connection with the reconstruction of the road. Suffolk County Department of Public Works (S.C.D.P.W) has prepared a set of construction plans for the reconstruction of New Suffolk Avenue (Airport Road) from a point east of Camp Mineola Drive to a point east of Maratooka Avenue. Furthermore, S.C.D.P.W. has indicated that a survey crew will provide stake-out of the project for the Town at no cost to the Town. In 1977, the Town was given permission to commence construction on the project with $89,000. in federal funds available through New York State D.O.T. to be matched by Town Funds on a 70%-30% basis . That is, the federal funds will pay 70% of the costs to reconstruct New Suffolk Avenue up to a maximum of $89,000. in construction costs and the Town has to provide the 30% match of $38, 143.00 for a project total of $127, 1.43.00. Since these matching funds can be provided by in-kind service of the highway department and Ray Dean plans to do a major portion of the work, there should be little or no problem in matching the federal funds. It should be noted that if these federal funds are not utilized in the near future, the funding authorization will be withdrawn and the Town will lose the $89, 000.00 in federal aid. Furthermore, if the funds are not utilized, the state will not be likely to approve subsequent Town aid applications. Therefore, it is strongly advis- able for the Town to utilize these funds. Ray Dean has indicated �- ROBERT G.HOLZMACHER.P.E..P.P.,L.S. SAMUEL C.MCLENOON,P.E. NORMAN E.MURRELL,P.E. H 2M Corp. HAROLD A.DOMBECK.P.E. HUGO 0,FREUDENTHAL,Ph.0. HOLZMACHER,McLENDONand MURRELL,P.C. CARL E.BECKER,P.E. OHN J.MOLLOY,P.E. CONSULTING ENGINEERS, ENVIRONMENTAL SCIENTISTS and PLANNERS DONALD A.SIOSS.P.E. 575 BROAD HOLLOW ROAD,MELVILLE,NY 11747 1516',694-3040 C �ARY E.LOESCH,P.E. 560 BROAD HOLLOW ROAD,MELVILLE.NY 11 747(5161 752-9060 IBRiJ M SHRIVASTAVA,P.E. 375 FULTON STREET,FARMINGDALE.NY 11735 1516)694-3410 O CHARLES E.BANKS.P.E. (ANTHONY SIMONE.L.S. 209 WEST MAIN STREET,RIVERHEAD.NY 11901 (516)727-3480❑ IROBERT J.MCGINNIS.P.E. 40 PARK PLACE,NEWTON.NJ 07860(201?383-3544❑ PEFFREY A.HARTMAN,P.E. September 4, 1980 Mr. Raymond Dean, Superintendent of Highways Town of Southold Peconic Lane Peconic, New York Re: Town of Southold Reconstruction of New Suffolk Avenue Dear Ray: Pursuant to your request, we enclose herewith a draft of our proposal to provide Professional Services during construction of the above referenced project. Please review the enclosed and advise us of any comments that you may have. Very truly yours, HOLZMA ER, M LEN ON MURRELL, P.C. Donald A. Sioss, P.E. DAS:vi Enclosure O L5Z L50VE SEP - 510 SOUTMIto TM Haug. f. HOLZMACKER, McLENDON and MURRELL, P.C. / H2M CORP. Supervisor William R. Pell, III Page Two Southold, New York 11971 September 4, 1980 that the Highway Department could start the project in the fall and finish it in the spring. Lastly, Ray Dean has requested •us to submit a proposal to provide Professional Services during the construction. Specif- ically, we propose to: 1. Provide inspection of the project during construction to assure that all work incorporated in the project is in conformance with the construction plans and the specifications of the Suffolk County Department of Public Works. 2. Provide the services of a Project Engineer to assist the Highway Superintendent during construction including ordering materials, preparing payment requests to N.Y.S.D.O.T. and resolving conflicts and problems arising during the construction. The extent of our services as outlined above is difficult to estimate since they are dependent upon the length of time required to perform the construction. Therefore, we would propose to pro- vide our services on the basis of our prevailing hourly rates of compensation, as outlined in the attached Proposal Statement. For budgeting purposes, we have estimated our fees and will request further authorization from the Town at such time as we reach 90% of the following budgeted amounts : a. For the services of an inspector, we estimate $4, 400. b. For assistance to the Highway Superintendent $2, 800. We appreciate this opportunity to submit our proposal and would be pleased to meet with you to discuss any aspects of this project or our proposal. If this proposal is acceptable, please sign the attached Proposal Statement and return one copy to our office, together with a copy of the authorizing resolution. The Proposal Statement will form the basis of our agreement and may be modified as you might require. Very truly yours , HOLZMACHER, McLENDON & MURRELL, P.C. R. G. Holzmacher, P.E. President RGH:vi cc: Raymond Dean, Superintendent of Highways OFFIC RNEY w TO n LD ROBERT W. TABKER J� TELEPHONE TOWN ATTORNEY 477-1400 425 MAIN ST. GREENPORT, L. I., N. Y. 11944 July 27, 1978 ' Mr. Raymond C. Dean Superintendent of Highways Peconic, New York 11958 Re: New Suffolk Avenue Widening Project Dear Rink: Ethel has contacted my office for the deed from Parker Wickham to the Town for a pipeline easement across the Wickham property to Maratooka Lake. In reviewing my file I find that on June 16, 1975 I sent the deed to you with instruc- tions to have the same executed by Parker Wickham. and then returned to me. For your information I am enxlosing a copy of my letter together with a copy of the deed. I have checked the Town Clerk's Office and the deed is not there. It would be my assumption that perhaps you delivered the deed to Parker Wickham and asked him to execute the same and apparently this is where the matter stopped. I would suggest that you talk to Parker Wickham. If the original deed cannot be located, please so advise me and we will prepare a new deed for his execution. You will also note in the last paragraph of my June 16, 1975 letter that we still need the consent of the owners of the Caciopto parcel, at the northwesterly corner of Maratooka and New Suffolk Avenues. Yours very truly, ,1 1 "ROBERT W. TASKER { RWT:MY G Enclosures w , Y June 16, 1.975 Mr. Raymond C. Dean Superintendent of Highways Laconic Lane Peconic, I4Pe a York 11958 Re- Now Suffolk Avenue Widening Project Dear Rink: I have finally received the necessary' information to draw the pipe line essement across the land of Wickhan., to MarratookA Lake and the deed granting such easement is enclosed herewith. Would you please have this executed by Parker Wickham and then returned to me. For your information I am encloL3ing herewith a photostatic copy of the map showing the easement in quecti(yn. In review ng my ftip in matter, [ find that I have all of the executed documents except the consent of the oAvners of the Cacioppo parcel located at the intersection of the riortberly litse of New Suffolk ,'lvenue and the westerly line of Marratooka Av(-nue. N.ourr; very truly, ROBERT W. TA�`,Kf"'R el WT�.k Srandard N.Y.B.'I.1 I,form 9002* 1.73-51 M-- Bargain and Sale Deed,with Covenant against Grantor's Acts—Individual or Corporation (Single sheet) CONSULTYOUR LAW ER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. THIS INDENTURE,made the day of June , nineteen hundred and seventy-five BETWEEN J. PARKER W'ICKHAM, as executor under the Last Will. and Testament of Cedric H. Wickham, deceased, residing at New Suffolk Avenue (no number), Mattituck, New York, party of the first part, and TFE, TOWN OF SOUTHOLD, a municipal corporation of the State of New York, leaving its office and principal place of business at 16 South Street, Greenport, New York, party of the second part, WITNESSETH,that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, �IIy�7�fI�t�t'�X5't.; �C1KXb>�t1h13,1tyII1t��L.7L �i# 3RD, i?t�c�xlQ�cx� A right of way ten feet in width to lay pipes for highway drainage purposes and to maintain and operate, relay and remove said pipes on, over and through the land hereinafter described, to wit: All that certain plot, piece or parcel of land, situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York bounded and described as follows: The center line of said ten foot right of way being described as follows: Beginning at a point on the curved northerly line of New Suffolk Avenue, as relocated, said point being North 69 degrees 50 minutes 40 seconds East 3. 29 feet and then easterly on a curve to the right having a radius of 901. 44 feet, a distance of 26. 53 feet from a monument on said northerly line at the southwesterly corner of land of the party of the first part, being the south- easterly corner of land now or formerly of Norris; from said point of beginning running thence North 9 degrees 27 minutes West 95 feet, more or less, to the shoreline of Nwlarratooka Lake. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first pant covenants that the party of the first part has not done or suffered anything whereby the said premises have been, encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other -purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: J. Parker Wickham, as executor of the estate of Cedric H. Wickham STATE OF.,falEVdf YOt:K, COUNTY :3taf ilk sse STATE OF NEW&K, COUNTY OF SSe On the day of Jrine, 1975 , before me On the day of 19 before me personally came personally came to me known to be the individual described in and who to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that he executed the same. executed the same. Notary Public STATE OF NEW YORK, COUNTY OF ss: STATE OF NEW YORK, COUNTY OF sse On the day of 19 before me On the day of 19 , before me personally came personally came to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he resides at No. whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he is the of that he knows the corporation described in and which executed the foregoing instrument; that he to be the individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same; and that he, said witness, tion, and that he signed h name thereto by like order. at the same time subscribed h name as witness thereto. Nar rain ant 65ale Oeeb SECTION WIIH COVENANT AGAINs"r GRAN-1 OR's AC'i's TITLE No. BLOCK LOT J. PARKER WICI TAM COUNTY OR TOWN TO THE TOWN OF SOUTHOLD Recorded At Request of The Tide Guarantee Company RETURN BY MAIL TO: } STANDARD FORM OF PEW YORK BOARD OF TI .E UNDERWRITERS Robert W. Tasker, Esq. Dinribrrtra! by THE, TITLE GUARANTEE COMPANY 425 nStreet Greenport, New York 11944 Zip No. W v W LL O 0 O U tY LL O W til O tL tL U d to N_ H w N W r� yX r, ��brl�,y��• kUG � NA c..> :�- 36' ° '95. 63) 2 _ NIN (i �,{�rc�=L,r, 9 10.0 . 8 1 AT: '���'• '.�' A315.22 tir 81' 56' 30" iV. - l�•3.76 : O, o N. 83.5?'4 i a Lb Q. Z iti'IGV.VA!A � I Nj co i ."1 pR0Pj' SC_ �.� W D 0 F. s U 0, L v srruA , E. A",I* .• n � r r . .. /' • r ., w 1 . 1 ��.91 ArJiwl r.ri?rD nlliSnTlnN �,o a.n(•1 TIf1N , . .. "I '_ TO: NEW YORK STATE REGION DEPARTMENT OF TRANSPORTATIOO ACTION 1 Rf V MAIN OFFICp 6/10/77 CODE ' 2 RSi 'E.it:;' CJ CONSTRUCTION CC-79 3 DFLc,T!(,N — PROJECT AUTHORIZATION You are hereby authorized and directed to START work on the phases of Construction Work as of the dates shown. No other work is authorized at this time. PROJECT DESCRIPTION: New Suffolk Avenue Intersection with Airport Road (Reconst) _-_... _ COMPTROLLERS 1IAJOR P _DEMOL! UTILITIES P,', ? - CONTRACT RECORD ESTI M'. H & i j TION CONST. NUMBER DATE THEE 1 fl NUMBER RRFA 1 6 7 10 13 14 17 18 21 22 25 26 29 30 33 34 39 40 45 46 OOC'' 077__5 0 03 0 617' 7 D 9 4 6 9'9 0 610'8 7 7 PROJECT TYPE 52 R E C O N S T R U C T I O N 2_ The folIowirig Construction PROJECT IDENTIFICATION NUMBERS have been issued for this work. If more than three Corlsr+_!ction PROJECT IDENTIFICATION NUMBERS are applicable to this major project number, these are shown on an additional form attached hereto. PROJECT (DENT. NO. ROUTE TERMINI OR DESCRIPTION (SOUTH OR WEST TO NORTH OR EAST) _ 1 MAJOR -vSUB NC 6 / 9 10 11 12 15 16 (USE 2 LINES" LIMIT 53 SPACES) I . I—T—TNEW SUFFOLK AVE INTERSECTION WITH 7 7 5 0 3 2 1 A I R P O R T R O A D 2 FEDERAL FHWA DOT CONST. PROJECT NUMBER AUTH. DATE FHWA% PROG. LENGTH CONTRACT NO. -- 10 12 13 16 '17 19 20 25 26 30 31 33 34 37 38 46 F 16' 2' 714' 1 0 0 1 ---- CON. C F CO. ORDER CO. ORDER A/C B I SEG. CHAR. CONST. COST SEG. CHAR. CONST.COST CO ORD S C ESTIMATE CO ORD S C ESTIMATE 51 53 54 55 60 61 (000) 65 67 68 73 74 (000) 78 r01 PROJECT O EJ CT (DENT. NO. ROUTE TERMINI OR DESCRIPTION (SOUTH OR WEST TO NORTH OR EAST) I I 1 6 7 9 10 11 12 15 16 (USE 2 LINES- LIMIT 53 SPACES) g Oj MAJOR SUB NO. 3 — FEDERAL FHWA DOT CONST. PROJECT NUMBER I AUTH. DATE FHWA% PROG. LENGTH CONTRACT NO. 10 12 13 16 17 19!20 25 26 30 31 33 34 37 38 46 L y CON. C F CO. ORDER CO. ORDER A/C B I SEG. CHAR. CONST. COST SEG. CHAR. CONST. CO ORD S C ESTIMATE CO ORDIS C ES00) "3 51 53 5455 60 61 (000) 65 67 68 73 74 (00001 T i , PROJECT (DENT. NO. ROUTE TERMINI OR DESCRIPTION (SOUTH OR WEST TO NORTH OR EAST) 1 6 7 9 10 11 12 15 16 (USE 2 LINES - LIMIT 53 SPACES) MAJOR SU8 NO. 1—T-T--f—T 3 REMARKS: FEDERAL FHWA DOT CONST. PROJECT NUMBER AUTH. DATE FHWA% PROD. LENGTH CONTRACT NO. Ty'_ 10 12 13 1617 19 20 25 26 30 31 33 34 37 38 46 E +-. CON. C F CO. ORDER CO. ORDER A/C B 1 SEG. CHAR. CONST. COST SEG. CHAR. CONS CO ORD SC ESTIMATE CO ORDIS C EST' MAI rF 51 5315455 60 61 (000) 65 67 68 73 74 00.,! �ofDIRECTOR, APITAL PROJECTS COORDINAT10,N FIN 207-3b (6/72) (CP23) CON FI 190a (1/73) I ELsR STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION RAYMOND T. SCHULER, COMMISSIONER Illilllllll IIIIIIIIIIIIlllllllillllllllllllIIIilllllllllllllllllllllllllllllllllllllllllllllllllllllilllllllllllllilllllllllllllllllllllllllllllllllllllllllllllll AGREEMENT Iilllllllll Illllllllllllllilllllllllllllllillllllllllllllllllllllllllllllllli11111!lllllllllllllllllllllllllllllllilllllllllllllllllllllllllllllllllllllllllllllll OFF SYSTEM FEDERAL AID PROGRAM NEW SUFFOLK AVENUE TOWN OF SOUTHOLD SUFFOLK COUNTY PIN 0775.00.321 OS-4100 (33) Y � l , t } f _ 5 1"M YORK STATE DEPARTMENT OF TRANSPORTATION AGREIDAENT with Town of Southold To Perform A Federal-Aid O:f-Syotem Roads and/or Bridge Project on the County, Town or Village Road Identified As New Suffolk Avenue , Suffolk County in Connection With the Federal--Aid "Off-System" Roads Program (Pursuant to Section 219 of Title 23 United States Code and Section 80 of New York State Highway Law and Capital Construction Rudgets First Instance Financing of Federal Aid Funds in Connection With Such Program) THIS AGPEEP,1ENT, made this `� - day of , 1977, by and between the PEOPLE OF THE STATE OF NEW YORK (hereinafter referred to as "STATE") acting by and through Raymond T. Schuler as COMUiSSIOi1E'R OF TRANSPORTATION (hereinafter referred to as "CO10,4ISSIOi1ER") having his principal office in the Administration and Engineering Building, 1220 _tet.- - -- ta+ , n,s... ,,•_• +}•in 74 ter anti Coin.+.y of.Mbpmy qnd State of New Ycrk, end the Town, = of Southold (hereinefter referred to as "MdNICIPALITY") acting by and through Albert M. Martocchia, Supervisor, having his principal office at 16 South Street, Greenport, New York 11944 WITNESSETH: NHTMAS, the Congress of the United States has in the Federal-Aid Highway Amendments of 1974 [§3-22(a) of P.L. 93-643] provided for Federal funds to be expended for the construction, reconstruction and improvement • of any off-syst:m road (including, but not limited to, the replacement of bridges, the elimination of high hazard locations, and roadside obstacles) as defined in such law and found in §219 of Title 23 United States Code; and WHEREAS, the above-mentioned section provides for the apportionment of Federal-aid funds to the STATE for the purposes of carrying out the above-identified project; and 'h'IEREAS, Section 219 of. Title 23, United States Code, makes the progrems and projects under such section subject to all oftheprovisions of Chspter J. of Title 23 that are applicable to roads on the Federal-aid secondary system; and 14MR11:AS, Secticn 11 of chapter 9 of;volume 6 of the Federal-Aid Highway T`axnial provides the procedure whereby Federal funds are available for the above-subject project through the STATE to the county,or NfTJNICIPALITY; and a, 2 •,vHEREAS,- Section SO -Of the Highway Law authorizes the COMMISSIONER to use moneys of the .Federal Government available under Federal-Aid Highway Acts; and WHEREAS, Capital Construction Budgets appropriate funds for the first instance funding of the Federal share of the cost, including the acquisition of property, of other Feder>1-aid highway capital projects, which include the- off-system roads program; and WHEREAS, the STATE is desirous of designating the PdUNICIPALITY to undertake an off-system roads project within such MUNICIPALITY; and - WHEREAS, no STATE funds have been appropriated or are available for such project; and - WHEREAS, the COMMISSIONER deems it to be in the best interest of the STATE that the MUNICIPALITY perform the above-identified project on behalf of the STATE; and VEREAS, the Legislative Body of the N'ffJPdICIPALI'I"_' by ResolutionxAkxXXXxx adopted at Meeting held on September 21, 1976 , approved the performance of the above-identified project by the %7JNICIPALITY and the terms and provisions of this Agreement and has further authorized the Supervisor of the P,`:UNICIPALITY to execute this Agreement on behalf of the 1ZJNICIF!JTY (copy of such Resolution is attached to and made a part of this Agree::ment). NOW, THEREFORE, in consideration of the mutual benefits moving to each of the parties hereto, and in pursuance of Section 219 of Title 23 United States Code and Section 80 of the Highway Law and the Capital Construction Fudgets appropriations of first instance Federal Binding, it is agreed as follov's viz: 1. general Description of ',','ork. Such wort: herein contemplated consists generally of the following work program and any additions or deletions made thereto by the New York State Department of Transportation subsequent to the execution of this Agreement for the purposes of conforming to the New York State Manual of Uniform Traffic Control Devices or to Federal Highway Administration requirements: This project entails the reconstruction of approximately 2,000 L.F. of New Suffolk Ave. in order to eliminate a hazardous horizontal and vertical alignment and provide better site distance. The work includes clearing and grubbing, grading, drainage and paving. The realignment is to be accomplished within the existing Town road right-of-way. 2. Method of Performance of Work. Such work shall be performed by contract as provided in the general h4unicipal Law or by the forces of the MUNICIPALITY. The work is to be performed .by the Municipality on a force account basis. 3 3. Reimbursement of Costs. If: the work is to be perforlm.d.by MUNICIPA1. FORCES subsequent to written authorization from the COMMISSIONER upon written notice from the h;UNICIPALITY to the CCIYUISSIONER that such work has been completed, and upon final Inspection thereof to the satisfaction of the STATE and the FHWA, the STATE will reimburse the MUNICIPALITY for the federal share of costs incurred by the MUNICIPALITY-in connection with such work. If the MUNICIPALITY finds it desirable to have reimbursement made intermediately between the start of such work and the final inspection thereof by the STATE and the FHWA, the, STATE shall reimburse the MUNICIPALITY for the federal share of the costs of such work as such costs are disclosed by the records thereof with final adjustments to be made after audit by the STATE and the FHWA. These costs .shall include the expenses for construction and engineering (design and/or supervision), but in any event this Agreement shall not obligate the STATE for reimbursement to the MUNICIPALITY in excess of $89,000.00 , unless a Supplemental Agreement is made therefor. All items inclilded by the 1.04ICIr'ITITY in said record of costs shall be in conformity with accounting procedures acceptable to the CCI&AISSIONER. Such items shall be subject to'audit by the STATE and FHWA. If the work is to be performed by contract, upon written notice from the MUNICIPALITY to the COir.IISSIONER that such work has been completed and upon final inspection thereof to the satisfaction of the STATE and Fh,;A, the STATE will reimburse the MUNICIFALITY the federal share of costs incurred by the PALITY in connection with the work; or in case the MUNICIPALITY finds it desirable to have reimbursement made intermediately between the start of such work and the final STATE and F1PAA inspection thereof by the STATE and FNAA, the STATE shall reimburse the MUNICIPALITY the costs of such work as such costs are dis— closed by the records thereof with final adjustments to be made after audit by the STATE. These costs shall include the expenses for construction and cnginaering (design and/or supervision), but i_r eny ent +he STAT7. shall not be obligated for an estimated sum in excess of9,000.00 , unless a Supplemental Agreement is made therefor. All items included by the MUNICIPALITY in.said record of costs shall be in conformity with standard accounting procedure. Such items .shall be subject to audit by the STATE and FHWA. 4. Reimbursable Items. The STATE shall reimburse the 'MUITICIPALITY for only that work and those items that are eligible for Federal reimbursement under Section 219 of Title 23, United States Code, and the STATE shall be entitled to recover from the ?MUNICIPALITY any moneys which it pays to the MUNICIPALITY under this Agreement which are subsequently determined to be ineligible for such Federal reimbursement. 5. Maintenance of Project. The MUNICIPALITY shall of its own expense properly maintain the completed physical and .operational improvements. The MUNICIPALITY agrees to conform to the New York State Manual of Uniform Traffic Control Devices to the extent required by Section 1680 of the Vehicle and Traffic Law. All traffic ordinances and regulations necessary to authorize the installation of any traffic control devices proposed under this Agreement shall be enacted and maintained by the MUNICIPALITY, and properly enforced. 6. Access to and Control of '9ork. The STATE and-the Federal Highway Administration shall have access to all phases of such work during its prosecution and to records pertaining thereto, including time 'records, payrolls, invoices, work orders and other similar records. 7. Unsetisfact0ry Work A7bicuity of Plans. Should work at any time be unsatisfactory to the STATF, that fact shall, without unnecessary delay, be- brought to the attention of the MUNICIPALITY who shall take remedial action promptly, , In case of any ambiguity in the plans, specifications, or maps, or conflict between them, the matter shall be irunediately'submitted to the STATE, euid its decision shall be final and conclusive upon the parties. g. Audit end Inspection. The rVNICIPALITY shall permit and shall require its contractors to permit the Cot".aSSIONEF.'S and the STATE Comptroller's and the Federal Highway Administiation's authorized repre- sentatives - to inspect all work, *materials, payrolls, records of personnel, invoices of materials and other relevant construction, equipment, data and records; and to audit the books, records and accounts of the MIUNICIPALITY pertaining to the work. All records established by the MUNICIPALITY pursuant to this Agreement shall be maintained by the MUNICIPALITY for period of not less than three years after payment of the final voucher by the Federal Government to the STATE, or the custody of such records shall be turned over to the COL:LLSSIOITER. Such records shall be available for inspection by representatives of the STATE upon reasonable notice during regular business hours. , 9. Contract Approval, If the work is to be performed by contract: The MUNICIPALITY agrees that all proposed contract awards and proposed contracts, based on competitive bidding, require approval of both the CGRAISSIONER and the STATE Comptroller in the following manner: A. The MUNICIPALITY agrees to the advertising requirements contained In the off-system procedure as follows: (1) Done in accordance with laws, regulations, specifications and policies of the State. (2) The advertisement must be available to bidders for a minimum of three weeks. (3) Bidding procedures on a nondiscriminatory basis shall be afforded to all qualified bidders regardless of State boundaries and without regard to race, color, sex, or - national origin. If any provisions of State laws, specifications, regulations, or policies may operate in any manner contrary to Federal requirements, including Title VI of the Civil Rights Act of 1964; to prevent submission of a bid, or prohibit consideration of a bid submitted by any responsible contractor,. such provisions shall not be applicable to Federal-aid rojects. Where such nonapplicable provisions exist, notices of adver- tising, specifications, special provisions or other governing documents shall include a positive statement to advise prospective bidders of those prov�.sions that are not applicable, (4) No procedure or requirement shall be imposed by any public authority in connection with any project which operates to restrict competitive bidding by discriminating against the purchase of a surety bond or insurance policy from any surety or insurer outside the State and authorized to do business in the State, (5) No public agency shall be permitted to bid in competition, or to enter into subcontracts, with private contractors, B. At least sixty (60) days before .advertising for bids, one copy each of the proposed contract, plans, specifications and all related bidding documents shall be submitted to the CO I SSIONER for approval, The bid invitation and the contract to be let shall contain a statement that the contract will be awarded by the MUNICIPALITY subject to the approval of. both the C01% II SSIONER and the STATE Comptroller. C. After the bid opening and before award, the following shall be submitted to the COQE SSIONER: (1) Proof of publication of advertising for bids', (2) Certified tabulation of bids, (3) Copy of the proposal by the bidder selected for the award of the contract, (4) If the award is not to be made to the lowest bidder, a statement of explanation. 5 - 10. Contract Clauses Required. If the work is to be performed by contract: The MUIIICIPA-LITY shall comply with all the applicable provisions of the STATE and Federal Laws and of.the Civil Rights Act of 1964. ' In connection with any contract let by the MUNICIPALITY for all or any part of such work, it is understood between the parties hereto: A. The contractor shall comply with all of the applicable provisions of the Labor Law of the State of New York in the performance of this Agreement, B. The MUNICIPALITY hereby agrees to include in any writing for the purposes of paragraph 112" herein, entitled "t:lethod of Performance of ;9orx", the provisions of Section 103-a of the General 1.tinicipal Law which requires that upon the refusal of a person, when called before a grand jury, head of a city department, or other city agency, or the organized crime task force in the Department of Law, which is empowered to compel the attendance of witnesses and examine them-under oath, to testify.in an investigation con- cerning any transaction or contract had with the STATE,any political sub- division thereof, a public authority or with any public department, agency or official of the STATE or 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, (1) 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 fire district, or any public department, agency or official thereof, for goods, work, or services, for a period of_five years after such refusal, and (2) any and all contracts made •rith any municipal ec ro_ t'_cn or fire district or any public department, agency or official thereof, since the respective effective dates of. this law, 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 or fire district without incurring any penalty or damages on account of such cancellation or termination, but any moneys owing by the municipal corporation or fire district for goods delivered or work done prior to the cancellation or termination shall be paid. C. The MUNICIPALITY hereby agrees to include in any contract for the performance of the work, the provisions of Section 103-d of the General Municipal Law containing the following statement subscribed by the bidder andaffirmedby such bidder as true under the penalties of perjury: NON-COLLUSIVE BIDDING CERTIFICATIOPJ (1) By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (a) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, fo mr the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; (b).Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by,the .bidder prior to opening, directly or indirectly, to.any otlier bidder or to any ,competitor; and �(c) No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition. 6 - (2) Any bid made by a corporate bidder shall be deemed to have been authorized by the Board of Directors of the bidder, and such authorization shall be deemed to include the signing and submission of the bid and the inclusion therein of the certificate as to non-collusion as the act and deed of the corporation, D During the performance of this Agreement the MUNICIPALITY'S contractor shall agree as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, sex, color or national origin, and will take affirmative action to insure that they are afforded equal employment opportunities without discrimination because of race, creed, sex, color or national origin. Such action shall be taken with reference, but not be limited, to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay or other forms of compensation, and selection for training or retraining, including apprenticeship and on-the-job training, (2) The contractor will send to each labor union or representative of workers with which he has or is ound by a collective bargaining or other agreement or understanding, a notice, to be provided by the State Division of Human Rights, advising such labor union or representative of the contractor's agreement under clauses (a) through (g) (hereinafter called "non-discrimination clauses"). If the contractor was directed to do so by the contracting agency as part of the bid or negotiation of this contract, _ the contractor shall request such labor union or representative to furnish him with a written statement that such labor union or representative will not discriminate because of race, creed, sex, color or national oria and that such labor union or revresentative either will affirmatively cooperate, within the limits of its legal and contractural authority, in the implementa- tion of the policy and provisions of these non-discrimination clauses or that it consents and agrees that recruitment, employment and the terms and conditions of employment under this contract shall be in accordance with the purposes and provisions of these non-discrimination clauses. If such labor union or representative fails or refuses to comply with such a request that it furnish such a statement, the contractor shall promptly notify the State Division of Human Rights of such failure or refusal, (3) The contractor will post and keep posted in conspicuous places, available to employees and applicants for employment, notices to be provided by the State Division of Human Rights, setting forth the substance of the provisions of clauses (a) and (b) and such provisions of the STATE'S laws against discrimination as the State Commissioner of Human Rights shall determine. (4) The contractor will state, in all solicitations or advertisements for employees placed by or on behalf of the contractor, that all qualified applicants will be afforded equal employment opportunities without discrim- ination because of race, creed, sex, color or national origin. (5) The contractor will comply with the provisions of Sections 291-299 of the Executive Law and the Civil Rights Law, will furnish all information and reports deemed necessary by the State Commissioner of Human Rights under these non-discrimination clauses and such sections of the Executive Law and will permit access to his books, records and accounts by the State Commissioner of Human Rights, the Attorney General and the Industrial Commissioner for purposes of investigation to ascertain compliance with these non-discrimination clauses and such sections of the Executive Law and Civil Rights Law. 7 (6) This contract may be forthwith canceled, terminated or suspended, - in whole or in part, by the contracting- agency upon the basis of a finding made by the State Comrissioner of Human Rights that the contractor has - - - not complied with these non-discrimination clauses, and the contractor may be declared ineligible for future contracts made by or on behalf of the STATE or a public authority or agency of the STATE, until he satisfies the State Commissioner of Human Rights that he has established and is carrying out a program in conformity with the provisions of these non- discrimination clauses. Such finding shall be made by the State Commissioner of Human Rights after conciliation efforts by the State Division of Human Rights have failed to achieve compliance with these non-discamination clauses and after a verified complaint has been filed with tie State Division of Human Rights, notice thereof has•been.given to the contractor and an opportunity has been afforded him to be heard publicly before the State Commissioner of Human Rights or his designee. Such sanctions may be imposed and remedies invoked independently of or in addition to sanctions and, remedies otherwise provided by law. (7) The contractor will include the provisions of clauses (1) through (6) in every sub-contract or purchase order in such a manner that such provisions Will be binding upon each sub-contractor or vendor as to operations to be performed within the State of New York. The contractor will take such action in enforcing such provisions of such sub-contract or purchase order as the contracting agency may direct, including sanctions or remedies for non- compliance. If the contractor becomes involved in or is threatened with litigation with a sub-contractor or vendor as a result of such direction by the contracting agency, the contractor shall promptly so notify the Attorney General requesting him to intervene and protect the interests of the State of New York. E . Workmen's Compensation Insurarce. The 11MICIPALITY shall require its contractor to procure and maintain, until final acceptance by the STATE of'the work covered by this Agreement, a policy, which shall be delivered to the STATE, covering the obligations of the contractor in accordance with the provisions of the Workmen's Compensation Law, and the Disability Benefits Law, covering all operations under this Agreement. F . Liability Insurance_. The MUNICIPALITY shall, if the work is to be performed by MUNICIPAL forces, for itself procure, and maintain, or, if the work is to be performed by contract, cause its contractor to procure and maintain, until final acceptance by the STATE of the work covered by this Agreement, insurance for liability for damages imposed by law, of the kinds and in the amounts hereinafter provided, in insurance companies authorized to do such business in the STATE, covering all operations under this Agreement whether performed by the MUNICIPALITY, the contractor or by sub-contractors. Before commencing the work the MUNICIPALITY shall furnish to the COMUNU SSIONER a certificate or certificates of such insurance in form satisfactory to the COMMISSIONER showing that it has complied with this paragraph, which certificate or certificates shall provide that the policies shall not be changed or cancelled until thirty (30) days written notice has been given to the COMMISSIONER. The kinds and minimum amounts of insurance are as follows: Bodily InJury Liability Property Pamaee Liability Each Person Fach Accident Each Accident Ap regate 250;000 500,000 250,000 500,000 for all damages arising, during the policy period, shall be furnished in the types specified, viz: (a) Liability insurance issued to and covering the liability for damages imposed by law upon the STATE and the MUNICIPALITY with respect to all work performed by it under this Agreement. (b) Contractor's Liability insurance issued to and covering the liability for damages imposed by law upon (1) each contractor with respect to all work performed by said contractor under this Agreement and (2) each sub-contractor with respect to all work performed by said sub-contractor for or with the said contractor. (c) Protective Liability insurance issued to and covering. the liability for damages imposed by law upon the MUNICIPALITY, the STATE, the COTAIISSIONER and all employees or other representatives of each of them, both officially and personally with respect to all operations under the Agreement performed for the MUNICIPALITY, by itself, by its contractors or their subcontractors, including omissions and supervisory acts of the MUNICIPALITY, the STATE, the COMIuffSSIONER and their employees or other representatives, D,) Completed Operations' Liability insurance issued to and covering the liability for damages imposed by law upon the STATE, the MUNICIPALITY and its contractors or their sub-contractors arising between the date of final cessation of work and the date of final acceptance thereof out of that part of the work performed by each, G. Termination of Contract. She MUNICIPALITY agrees that the Commissioner may, by written notice to it, require the MUNICIPALITY to terminate the contract or a portion thereof when the Contractor is prevented from proceeding with the construction contract as a direct result of an Executive Order of the President with respect to the prosecution of vrar or in the interest of national defense or by Executive Order of the Governor with respect to a major catastrophe, critical fuel shortage, budgetary necessity of other overriding circumstance. The MUNICIPALITY agrees to place a clause -in the contract stating that the Contractor specifically agrees that the issuance of such Executive Order by the Governor shall be conslusive as to its necessity. Where the. Contractor is prevented from proceeding with the construction contract as a direct or indirect result of court injunction or order binding the Contractor and/or the MUNICIPALITY and/or the Commissioner or other officials of the New York State Department of Transportation and/or officials of the Federal Highway Administration of the U. S. Department of Transportation, the Commissioner may, by written notice, require the MUNICIPALITY to terminate the contract or any portion thereof. When the contract, or any portion thereof is terminated., for any of the above mentioned reasons, before completion of all items of work in the contract, it is understood that payment will be made for the actual number of units or items of work completed at the contract unit price, or as mutually agreed for items of work partially completed, but no claim for loss of anticipated profits on uncompleted work shall be made by the MUNICIPALITY on behalf of the Contractor or the Contractor nor shall the State of New York be liable for the loss of anticipated profits for such uncompleted work. In such cases of termination, reimbursement for organization of the work (when not otherwise included in the contract) and moving equipment to and from the job will be considered where the volume of work completed is too small to compensate the Contractor for these expenses under the contract unit prices, the intent being that an equitable settlement will be made with the. Contractor, 9 Acceptable materials, obtained by the Contractor for the work, that have been inspected, tested, and accepted by'the OJNICIPALITY, and that are not incorporated in the work may, at the option of the MUNICIPALITY and the CCtJLu'SSSIONER, be purchased from the Contractor at actual cost as shown by receipted bills and actual cost records at such points of delivery as may be designated by the MUNICIPALITY. Where such acceptable materials are, at the option of the MUNICIPALITY and the C(MUSSIONER, not purchased from the Contractor, and where the Contractor thereupon returns such materials to its supplier or manufacturer, the Contractor may be paid the actual costs connected with returning such materials, documented as aforesaid, to the extent that such costs are reasonable. -The MUNICIPALITY agrees to place a clause in its contract stating that termination of a contract or a portion thereof shall not relieve the Contractor of his responsibilities for the completed work, nor shall it relieve his surety of its obligation for and concerning any just claims arising out of the work performed. Every contract for the construction of an off-system highway project under the supervision of the MUNICIPALITY shall reserve to the MUNICIPALITY with the approval of the Commissioner the right to suspend or cancel the contract because of default of the Contractor or otherwise, and to complete the work thereunder by contract negotiated or publicly let or by the use of its own forces, or affirm the contract and thereupon to complete the work thereunder according to any of the methods as the MUNICIPALITY -xith the approval of the Commissioner, may determine. H . Independent Contractor. The LrT??ICIPAIITY agrees to include in its contracts, that in accordance with the 1!UNICIPALITY'S contractor's status as an independent contractor, that the contractor will conduct itself in accordance with such status, that it will neither hold itself out as nor claim to be an officer or employee of the .ESTATE by reason hereof, and that -it will not by reason hereof, make any cleim, demand of, application to, or for any right or privilege applicable to an officer or employee of the STALE, including, but not limited to, '9orkmen's Compensation coverage, Unemployment Insurance Benefits, Social Security coverage or Retirement membership or Credit, 1 . Code of Ethics. The MUNICIPALITY agrees to include in its contract that the contract may be cancelled or terminated by the MUNICIPALITY if any work under the contract is in conflict with the provisions of Section 74 of the Public Officers Law, 'J. Other Contract Requirements. The MUNICIPALITY agrees to include in its contracts the Federal-aid Construction Pequired Contract Provisions attached hereto as Schedule "A" and identified as Form PR 1273, the Equal Employment Opportunity Special Provisions for Non-Home Town Areas attached hereto as Schedule 'B", and the Minority Business Enterprise Certification attached hereto as Schedule "C". In addition the 11.,UNICIPALITY agrees to include in its contracts all applicable Federal wage rate schedules and applicable home town plan bid conditions, 11. Procedures an-1 Standards. The MUNICIPALITY agrees to conform to the procedures and standards supplied by the COI.'BviISSIGNER in connection with the processing of off-system roads projects, 12. Construction Insoection. The MUNICIPALITY agrees to provide for detailed daily inspection of the construction project. 13. Fha1s Available.- It is understood by and between the parties hereto that this Agreement shall be deemed executory only to the extent of the moneys available to the STATE and no liability on account thereof shall be incurred by the STATE beyond moneys available for the purposes hereof. 77 .. 10 14 . �ssir*tt�ent o Other Diem of Aareemen�. The MUNICIPALITY agrees not to assign, tri ie�'�or ofeitsgright ublet�titleotherwise interestse of therein,this Agreement or any part thereof, raon company or-corporation or its power to execute such agreement to any pe , without previous consent in writing of the C01SSIONER. IN WITNESS WHEREOF, the STATE has caused this Instrument to be signed by the said COhea SSIONER of Transportation, who has affixed the seal WP n s department hereto and the MUNICIPALITY has caused this Instrument to be _qigned by its Su ervisor MUNICIPALITY To�•m f ou — /7 T BY: LE 0j6TATE.OF NEW YORK h C Smith Director n BY o er of ans anon • APPROVED FORM ANENT Municipal Attorney RFCG�✓dvrrND:D ✓ 00, APPROVED AS TO FORM: Ii,,?0 ' •� Louis J. Lefkowitz, Attorney General BY: Assistant Attorney General ECS,MNDED: f1' Assistant Commissioner Legal Affairs Departmenof Transportation JM —116, N D: DateC�• - For the New Yor State Comp- troller Pursuant to Section 112, i State Finance Lary APPROVED: Date Director Division of the Budget .STATE OF NEW YORK ) SS: COUNTY OF °A!{) On this ?pnrlday of Ma-rr,h in the year One Thousand Nine Hundred Seventy 7 before-me personally came Albert M. Martocehia to me known, who, being by me duly sworn did depose and say that he resides at Greenport, New York -; that he is the Supervisor of the Municipal Corporation described in and which executed the above instrument; that he knows the Seal of said Municipal Corporation; that the. Seal affixed to said instrument is such Corporate Seal; that it was so affixed by order of the Board of Supervisors of said ftulicipal Corporation pursuant to a resolution which was duly adopted on SepteMber 21 , 1976 and to which a certified copy is attached and made a part hereof; and that he signed his name thereto by like urger. DONALD • W.'DEALE RY PUBLIC, State of New YorK No,52.4600772 081ified in Suffolk Cou* ?/X_ Notary Public EXPRIVU marctl30. 19�x STATE OF NEW YORK ) SS: COUNTY OF ALBANY ) On this day of in the year One Thousand Nine Hundred Seventy before me, the subscriber, personally came to me known and known to me to be the Commissioner of Transportation of the State of New York and the same person described in and-who executed the same as Commissioner pursuant to the statute in such case provided, Notary Public, t RESOLUTION i OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD APPROVING AN OFF-SYSTEM ROADS PRO- JECT ADMINISTERED BY THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION AND AUTHORIZING THE MUNICIPALITY TO PARTICIPATE TO THE EXTENT OF THE NON-FEDERAL SHARE OF THE COST OF SUCH PROJECT AND AUTHORIZING THE SUPERVISOR OF THE T0`4N OF SOUTHOLD TO EXECUTE AN AGREEMENT ON BEHALF OF THE MUNICIPALITY WITH THE NEW YORK STATE DEFARTMENT OF TRANSPORTATION FOR THE PERFORMANCE OF THE WORK OF SUCH PROJECT AND FOR THE PARTICIPATIW BY THE MUNICIPALITY IN THE NON- FEDERAL COSTS OF SUCH PROJECT. WHEREAS, a Project for the Reconstruction and Realignment of New Suffolk Avenue, Town of Southold,- Federal Aid Project OS-4100(33) funded under '- the Federal Aid Off-System Roads Program, defined in Section 219 of Title 23 United States Code, calls for the apportionment of costs for the program to be � borne at the ratio of 70% Federal Funds and 30% State or local funds; and WHEREAS, the Town of Southold recognizes_that ,State Funds are not available for the non-Federal share of the project; and WHEREAS, the Town of Southold desires to advance the project by making ' a commitment for the 30% non-Federal share of the project costs, which costs shall include but not be limited to the cost-of preliminary engineering and right-of-way incidental work, including the final design of the project, con- struction engineering (inspection)' costs incurred by, the Department of Trans- portation. NOW, THEREFORE, the Town Board, duly convened does hereby: RESOLVE, that the Town of Southold concurs with the general aspects of the above project and desires that the above subject project be administered by the. New York State Department of Transportation; and it is further. RESOLVED, that it be understood that this statement in no way diminishes the Town's rights under the present procedures to review and com- ment on specific stages of the project; and it is further RESOLVED, that the Town Board hereby authorizes the Town of Southold i to provide the 30% of non-Federal share of the costs of -the project and hereby authorizes the Town to participate in the costs of the project by pro- viding in-kind services, if' the project is to be performed by local forces, and it is further RESOLVED, that this Authorization shall commit the Town to an amount not to exceed $38,176.50 for the entire cost of the project; and it is further RESOLVED, that the Supervisor of the Town of Southold be and it is hereby authorized to execute all necessary agreements on behalf of the Town with the New York State Department of Transportation approving the above pro- ject and providing for the Municipality's participation in the cost of the non-Federal share of the project, at a total cost not to exceed $38,176.50; and it is further RESOLVED, that a copy of this resolution be filed with the State Commissioner. of Transportation, it being understood that upon completion of the above project, the State Commissioner of Transportation shall transmit to this Town Board a statement showing the actual costs and expenses of such project and shall 'noti y the Town :)uper'.icor of the amount due from or to 1:e returned to -the Town .incl that any ;;um cue the State of New York shall be paid y the Tok%,n within ninety (90) days after the date of transmittal of said statement, and the f.uuds therefore shall be, raised according to the statutes in such eases made and provided, subject to the approval of the Toni Board. STATE OPI NEW YORK ) COUNTY'OF SUFFOLK )SS: I, Judith T. Terry, Clerk of the Town of Southold, New York, do hereby certify that I have compared the foregoing copyofresolution with .the original resolution on file in my office and that the same is a true and correct transcript of said original resolution and of the whole thereof as duly called and held at Greenport, New York on September 21, 1976 by the required necessary vote of the members to approve the resolution. Witness my hand and the official seal of the -Town -of Southold, Suffolk County, New York, the 24th day of September, 1976. Town Clerk t 1 i RESOLUTION OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD APPROVING AN OFF-SYSTEM ROADS PRO- SECT ADMI:NIsTERED BY THE NEW YORK STATE DEPARTMENT OF TRANSPOR.TATI.ON AND AUTHORIZING THE MUNICIPALITY TO PARTICIPATE TO THE EXTENT OF THE NON-F'f:IARA1, SHARE OF THE COST OF SUCH PROJECT AND AUTHORIZING THE SUPERVISOR OF THE TOWN OF SOUTHOLD TO EXECUTE AN AGREEMENT ON BEHALF OF THE MUNICIPALITY WITH THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION FOR THE PERFORMANCE OF THE WORK OF SUCH PROJECT AND FOR THE PARTICIPATION BY THE MUNICIPALITY IN THE NON- FEDERAL COSTS OF SUCH PROJECT. WHEREAS, a Project for the Reconstruction and Realignment of New Suffolk Avenue, Town of Southold, Federal Aid Project DS-4100(33) funded under , the Federal Aid Off-System Roads Program, defined in Section 219 of Title 23 , United States Code, calls for the apportionment of costs for the program to be borne at the ratio of 70% Federal Funds and 30% State or local funds; and WHEREAS, the Town of Southold recognizes that State Funds are not available for the non-Federal share of the project; and WHEREAS, the Town of Southold desires to advance the project by making a commitment for the 30% non-Federal share of the project costs, which costs shall include but not be limited to the cost of preliminary engineering and right-of-way incidental work, including the final design of the project, con struction engineering (inspection) costs incurred by the Department of Trans portation. NOW, THEREFORE, the Town Board, duly convened does hereby: RESOLVE, that the 'Town of Southold concurs with the general aspects of the above project and desires that the above subject project be administered by the New York State Department of Transportation; and it is further RESOLVED, that it be understood that this statement in no way diminishes the Town's rights under the present procedures to review and com- ment on specific stages of the project; and it is further RESOLVED, that the Town Board hereby authorizes the Town of ,Southold to provide the 30% of non-Federal share of the costs of the project and hereby authorizes the Town to participate in the costs of the project by pro- viding in-kind services, if the project is to be performed by local forces, and it is further RESOLVED, that this Authorization shall commit the Town to an amount not to exceed $38,176.50 for the entire cost of the project; and it is further RESOLVED, that the Supervisor of the Town of Southold be and it is hereby authorized to execute all necessary agreements on behalf of' the Town with the New York State Department of Transportation approving the above pro- ject and providing for the Municipality's participation in the cost of the non-Federal share of the project, at a total cost not to exceed $38,176.50; and it is further RESOLVED, that a copy of this resolution be filed with the State Commissioner of Transportation, it being understood that upon completion of the above project, the State Commissioner of Transportation shall transmit to this Town Board a statement showing the actual costs and expenses of such project and shall notify the Town Supervisor of the amount due from or to be returned to the Town and that any sum due the State of New York shall be paid by the Town within ninety (90) days after the date of transmittal of said statement, and the funds therefore shall be raised according to the statutes in such cases made and provided, subject to the approval of the Town Board. y STATE OF NEW YORK ) COUNTY OF SUFFOLK )SS I, Judith T. Terry, Clerk of the Town of Southold, New York, do hereby certify that I have compared the foregoing copy of resolution with the original resolution on file in my office and that the same is a true and correct transcript of said original resolution and of the wholethereof as duly called and held at Greenport, New York on September 21, 1976 by the required necessary vote of the members to approve the resolution. Witness my hand and the official seal of the Town of Southold, Suffolk County, New York, the 24th day of September, 1976. / U Town Clerk 'i • �° G"e� � 11 � �'��� �'r �>- � 's � ``�:. �+ Y11ST z TOWN OF SOUTHOLD SUFFOLK COUNTY NEW YORK CONTRACT AND SPECIFICATIONS FOR 4 FURNISHING AND DELIVERING Q BINDER TOP AND SHOULDER COURSE ASPHALT CONCRETE TO NEW SUFFOLK AVENUE PROJECT NO. SOHT 81-06-A TOWN BOARD Supervisor William R. Pell III Councilmen Henry W. Drum Francis T. Murphy Larry W. Murdock John J. Nickles Justice Francis T. Doyen SUPT. OF HIGHWAYS TOWN CLERK Raymond C. Dean Judith T. Terry _ T SEPTEMLER 1981 HOLZMACHER,McLENDON andMURRELL,P.C. Consulting Engineers. Environmental Scientists and Planners U1jk#AM0lvill*.N.Y. Farmingdale,N.Y. Riverhead.N.Y. HOIZMACHER, MCLENDON d WAR" P.C. / HZM CORP. CONSULTING V401RUPA AND SNVI*MMENTAL SCIENTISTS -INDEX TOWN OF SOUTHOLD Y FURNISHING AND DELIVERING ABINDER, TOP, AND SHOULDER COURSE ASPHALT CONCRETE TO NEW 'SUFFOLK AVENUE PAGE Index I - 1 page Notice to Bidders NB - 1 page Information for Bidders IB - 12 pages Proposal P-A thru P-D Indemnity, Limitation of Liability ILL - 1 page Contract C - 28 pages General Conditions GC - 7 pages General Specifications GS - 3 pages Technical Specifications TS - 4 pages Location Map LM - 1 page I - 1 HOLZMACHER,MCLENDON&MURRELL,P.C.I H2M CORP. CGNBULTING ENGINEERS AND ENVIRONMENTAL SCItNTISTS NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN that SEALED BIDS will be received by the Town Clerk of the Town of Southold at the Town Hall, Main Road, Southold , New York, until 10: 00 A.M. N. prevailing time, on Thursday, Sept. 24, 1981, at which time and place they will be publicly opened and read for the -- following contract: FURNISHING AND DELIVERING BINDER, TOP, AND SHOULDER COURSE ASPHALT CONCRETE TO NEW SUFFOLK AVENUE The above item must conform to the Specifications of the Suffolk County' Department of Public Works for Item 51-F - Asphalt Type lA (Two- Courses)- and Item 51Y - Asphalt Concrete for Shoulders. Specifications may be obtained on or after Sept. 17, 1981 at the Town Hall and offices of the Consulting Engineers, HOLZMACHER, McLENDON & MURRELL, P.C. , 209 West Main Street, Riverhead, New York, 11901, and 125 Baylis Road, Melville, New York, 11747 , upon deposit of twenty-five dollars ($25 . 00) for each set furnished. Deposits for Specifications will be refunded to bidders who return " Specifications within ten (10) days in good condition; other deposits will either be partially or not refunded if the Specifications have not been returned in good condition within thirty (30) days after bids have been opened. Each Proposal must be accompanied by a certified check or bid, bond in the amount of five percent (5%) of the total bid, made payable to William R. Pell, III , Supervisor, Town of Southold, as set forth in the Information to Bidders. The Town reserves the right to reject any or all bids, to waive any informalities and to accept such alternate bid which, in the opinion of the Town Board, will 'be in the best interests of the Town. BY ORDER OF THE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK JUDITH T. TERRY, TOWN CLERK TOWN OF SOUTHOLD • SOUTHOLD, NEW YORK 11971 DATED: SEPTEMBER 8, 1981 NB-1 HOLZMACHER, McLENOON 6 MURR" P.C. / NZM CORP. CONSULTING OIGINE S AND SNVIMMMQITAL SCIENY M INFORMATION FOR BIDDERS BIDS FOR PROJECT The Town of Southold will receive SEALED PROPOSALS for Furnishing and Delivering Binder, Top , and Shoulder Course Asphalt Concrete to New Suffolk Avenue, Town of Southold, County of Suffolk, New York. TIME AND PLACE OF BID Bids are to be submitted in opaque envelopes and will be received by the Town of Southold-_at the Town Hall , Main Road, Southold, New York, not later than 10:00 A.M.,Prevailing Time, Thursday, Sept. 24, 1981 , at which time and place they will be publicly opened and read aloud. Use of the mails shall be at the Bidder 's own risk, and the Bidder shall be responsible for physical delivery of the Bid at the time and place set for opening of Bids. BID ENVELOPE All proposals and either the certified check or bid bond must be placed in a sealed envelope bearing the Bidder 's firm name and address marked, "Protect No. SOHT 81-06-A Proposal for Furnishing and Delivering Binder, Top, and Shoulder Course Asphalt Concrete to New Suffolk Avenue , Town of Southold, County of Suffolk, New York" , but otherwise unmarked. If mailed, this envelope shall be placed in another envelope addressed to Town Clerk, Judith T. Terry, Town of Southold, Town Hall , Main Road, Southold, New York 11971. Use of the mails is at the Bidder' s risk. IB-1 HOLZMACNg&MeLENOON i MUAA" P.C. / HZM CORK OOMSU61 N0 SrWjj jj4 Ma U M"WaffAk �LIpiT1�11 :INFORMATION FOR IITDDERS (CONTD. ) s�rl.`TrnTrnN DEPOSITS ely (a) Deposits for specioodations conditionlwi�thin"�ton t(10) rddysdafLer bidders who retUVn saine in ed togount r.-c-eipt of bids• Bidders will after etenV(10)one-half of the and b�.1foreptl�i rt Yt"(30) tur specfications returned days following the bid date. (b) Deposits for specifications wdition withlnill be t48Yhoursnofd to non-bidders who return same in good con receipt of said specifications. Non-bidders returnedwill in good within - the deposit amount for specifications within ten (10) days follo �biddersbid afterdate. teno(a0) odaYssit ffollowingitha tions will be refunded to non bid date. R V JB-2 HOLZMACHER,McLENDON i MURRELL,P.C.I H2M CORP. CONSULTING ENGINEEHS ANO ENVIHONMENTAL SCIENTIbib INFORMATION FOR BIDDERS (CONT'D. ) SPECIFICATIONS Complete sets of specifications for the inspection of prospective bidders will be found on file with the Town Clerk, Town of Southold, w Town Hall, Main Road, Southold, New York, and at the office of Holz- macher, McLendon & Murrell, P.C. , Consulting Engineers, 209 West Main Street, Riverhead, New York, or 125 Baylis Road, Melville, New York. All contractors must leave their names, phone numbers and correct mailing addresses upon receipt of the specificaLions. VERBAL ANSWERS The Town, its agents, servants or employees, or the Engineer, will not be responsible in any manner for verbal answers to any in- quiries regarding the meaning of the contract specifications given prior to the awarding of the contract. EXAMINATION OF SITE Bidders must satisfy themselves by personal examination of the location of the proposed work and of the actual conditions and require- ments of the work, and shall not, at any time after the submission of a proposal, dispute or complain of such estimate or assert there was any misunderstanding in regard to the scope of the work. PROPOSAL The Form of Proposal contained herein shall be used in making out bids. Any proposal not in accordance with these instructions, or con- taining bids not asked for, may be rejected. IB-3 MOLZMACNEA. McLANOON i MUAAEt.t. P.C. I N?M COMP. nohow"+o Damao AM v VINIMMa►µ MUITI t INFORMA'r I ON FOR 1111►t►liRS (CONT 11). ) As the estimates of quantities of items stated in the prn11Sat are approximate only, bidders are required to sul,mit their 1)"" "sal upon and in the following express conditions , which shall 11110y 11nJ become a part of every proposal received . J. Each bidder shall fill out , in ink , in 110111 words and figures , in the sp;rces provided , his unit or l++mp sum hid . as the case "" be , for each i tem in said Form of t'roposul for wh i ' 1► lie is suhm i,t t i ng .+ bid. No bid will be consideredwhich does 110t include bids for 1111 itemsn .� ._._� ._ _. .. _.._._ If the contract is not executed by the 'Town within forty- five (QS) days after the receipt of [lids , the obligation of the bidder under this proposal may terminate at his option and he shall there- e+pon he entitled to u refund of his certified check or release of Ili, bid bond furnished by him as security with his proposal . nil) OR CI:RTI111:1)CIII;CK Bach proposal from a contractor shall be accompanied by a bid bond or certified check on a solvent hunt. of the State► of New fork , in the amount of live percent (S$) of the total bid. Such check shall be made payable to William R. Pell III , Supervisor, Town of Southold, New York, and the aruount thereof shall be the measure of liquidated damages which the Town will sustain by the failure , neglect or refusal of the bidder to execute and deliver the contract , should the contract be awarded to Trim. 'file checks of all unsuccessful bidders will be returned upon the rejection of bids and the execution of the contract by tl+e parties ; also, the check of the successful bidder will be returned upon the execution of the contract and tl►e furnishing of the required bond . NAME OF BIDDER 'c Each bidder must state in his proposal , his full name and busi- ness ;cddress , and the full name of every person , firm or corporation the address of every person or firm or interested in the same; and president and secret;rry of every corporation interested with him. If IB-4 ooNw6nAlA 01"111199" Allo fiNw000e1010aM. IlQualm TNI-0111-IATTON FOR IIII)1►lilt (CONT'Il. ) no other person be so interested , he must distinctly state that fact , also that his proposal is made without any connection directly or in- directly with any other bidder for tine work particularly mentioned in his proposal ; that it is in all respects without fraud or collu:. iut►, and that no person acting for or employed by the 'fawn is directly or y indirectly interested therein, or in the supplies of work to which it relates , or in any portion of the prospective profits thereof. QUA1.(FTCATTONS OF BTDDFRS (l ) The Town reserves the right to waive any informalities in, or reject any and all bids . 'rhe: Town resei-ves the right to re- ject any and all bias which do not conform to the proposals , or upon which the bidders do not comply with the requirements of the Town as to their qualifications . (2) All bidders must prove to the satisract ion 'of the Town that they are reputable, reliable and responsible , and that they pos- so$$ the necessary qualifications to successfully deliver the proposed oquipment , and that they have performed and completed successfully similar work to an extent which, in the opinion of the Town, will qualify them by experience to perform the work which is proposed. (3) In determining the qualifications of a bidder, the Town will consider his record in the performance of any contracts entered into by him for the work contemplated or of ' similar nature may make such investigation as it deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the Town all such information and data for this purpose as the Town may request. (4) The Town shall be the sole judge of the qualifications of the bidders and of the merits thereof and reserves tile; right to reject any bid if the record of the bidder in tits performance of contracts , payment of bills and meeting of obligations to subcontractors , material - men or employees is not satisfactory to the Town , or if the evidence submitted by or tlee investigation of such bidders fails to sattisfy the Town that he is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. { 'GUARANTEE BOND The successful bidder shall be required to furnish at. the execu- tion of the contract an executed bond of a surety company authorized 113-5 MXZMACHEN,McLENOON A MUNN" P-C. I H2M CORP. ooMw4rn+o UWWgVW ANO tMVjMNmUffAL 110MCH fl41n I NFORMAT ION FOR BIDDER (CONT. I)) to do business in the State of New York and upproveJ by thy '1"liol in an amount equal to one: hundred percent ( 100" ) ut' t1►e tutu ' au►u1111t of the contract , 1;;1.1ranteeinl; to the Town the I a i till"ll Porfurw"ncc of the cuntract , .111d puyulent of all claims for jualcriul' , label. .1110.1 wages in connection therewith . s I GNA'TURE (1F CONTRAS The bidder to whom a contract may be uwur.l�.l shall utta"ki at the office of the 'I•Own, with the sureties offered by him, within -,cvc11 f days , Sunday excepted , after the .lute of 11ut i fic/tion by n1.1i 1 of the acceptance of his proposal , and there sil;n the cont ►-uct in quadrupli cats for the work and furnish approved security for its pr" 1'0"1 .lnce . In case of failure to do so, the biJ.ler 511:111 he cuns "Ored as halving abundoneJ the some , and the Check acco111ll1nyllig his proposal sh.111 he forfeited to the Town , or the penalty of ti►e bid build shall be invoked. CONTRACTOR'S 1 NSURANCE The contractor sh111 not commence any work 11nti1 he has obtained and had approved by the 'Townall of the insurallc.e specified and required in the contract . WA11'IiR OF IMNI11NITY Attention of the bidder is hereby a directed to theare(Iinrementsular of the General Municipal Law of the 5t � � ��Wulver of to Section General of tl►e General Municipal I.aw regarding to Sectio as indicated on Page C-20 of the contract. RrepriNSfit I1.ITY 1:011 BIDIIFR Attention is hereby particularly directed to the pr visior onslof the contract whereby the contractor will be 1cI onsible or damage that may happelne�ebtllthe cont actor shrial or ullart makellgaoJtanyring its delivery ; and also whereby defects or faults due to materials or workmanship within twelve (12) months after its delivery, and acceptance. l 13-6 HMzUW Ep, 1wkLE M i MUIiRELL. P.C. 1 H2M COMP. COMUt"NO VQ111904 AND tNVIMMMWTAI rCIQMO" INFORMATION FOR BIDDERS (CONT'D. ) In order to secure the performance of the covenant of t.1leroon- tractor, the Town shall retain the Guarantee Bond during the pe of one ( 1) year from the date of the Engineer ' s final certiti.cate. isfaction Work is required to be completed cordancetWith eLllatSpccificat�onsh� Engineer and irl :substantial a hereunto annexed. TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK V IB-7 State of New York Department of Labor A Bureau of Public Work State Office Building Campus { Albany,N.Y. 12240 CONTRACT REQUIREMENTS Each public work contract to which the State,a public benefit corporation,a municipal corporation or a commission is a party and which may involve the employment of laborers,workmen or mechanics,shall comply with the requirements of Article 8 of the New York State Labor Law: 1. 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 the contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week except in the extraordinary emergencies set forth in the Labor Law or where a dispensation is granted by the Industrial Commissioner. (See Section 220.2) 2. Each laborer, workman or mechanic employed by the contractor or subcontractor shall be paid not less than the prevailing rate of wages at the time the work is performed,and shall be paid or provided not less than the prevailing supplements at the time the work is-performed, as determined by the fiscal officer. If the prevailing rate of wages or the prevailing supplements change after the prevailing rate schedule is issued,each workman,laborer or mechanic shall be paid or provided not less than the new rates. (See Section 220.3) 3. The contractor and every subcontractor shall post in a prominent and accessible place at the work site a statement of the current wage rates and supplements specified by the contract for the various classes of mechanics,workmen or laborers. (See Section 220.3-a) r 4. Apprentices must be registered,individually,under a bona fide program registered with the New York State Department of Labor. The allowable ratio of apprentices to journeymen in any craft classifica- tion shall not be greater than the ratio permitted to the contractor as to his work force on any job under the registered program. Any employee who is not registered as above, shall be paid the pre- vailing wage rate for the classification of work he actually performed. The contractor or subcontrac- tor will be required to furnish written evidence of the registration of his program and apprentices as well as of the appropriate ratios and wage rates for the area of construction, prior to using any apprentices on the contract work. (See Section 220.3-e) 5. (a) No contractor, subcontractor, nor any person acting on his behalf,shall by reason of race,creed, color, sex or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates.(See Section 220-e (a) ) (b) No contractor, subcontractor, nor any person acting on his behalf shall,in any manner,discrimi- nate against or intimidate any employee on account of race,creed,color,sex or national origin. (See Section 220-e (b) ) NOTE: The Human Rights Law also prohibits discrimination in employment because of age,disability or marital status. (c) There may be deducted from the amount payable to the contractor under the contract a penalty of five dollars for each calendar day during which such person was discriminated against or intim- idated in violation of the provisions of the contract. (See Section 220--e(c) ) (d) The contract may be cancelled or terminated by the State or municipality,and all moneys due or to become due thereunder may be forfeited, for a second or any subsequent violation of the terms or condition of the anti-discrimination sections of the contract. (See Section 220-e (d) ) (e) These provisions shall be limited to'operations performed within the State of New York. (See Section 220-e(e) ) PW-3(5.80) I13-8 STATE OF NEW YORK DEPARTMENT OF LABOR BUREAU OF PUBLIC WORK STATE OFFICE BUILDING CAMPUS ALBANY, N. V. 12240 Schedule Type-HVV / HWY 33 Date 07/08/81 Refer to: PREVAILING RATE CASE NO. • T/O Southold PRC 8102904 NAS/SUF 01 to: William H. Spitz, Engineer Location and Type of Project Holzmacher, McLendon & Murrell Install asphalt concrete 125 Baylis Road pavement-SOFIT 81-06, New Melville, NV Suffolk Ave, T/O Southold 11747 Mattituck, NV Suffolk Co. In response to your request, enclosed are schedules of the prevailing hourly wage rates and the prevailing hourly supplements for the above project, together with copies of the Notice of Contract Let (PW-16) for your use. The schedules must be annexed to and form a part of the specifications for this project when it is advertised for bids. These schedules have been prepared and forwarded in accordance with Section 220 of the Labor Law, which provides that it shall be the duty of the fiscal officer to ascertain and determine the schedules of supplements to be provided and wages to be paid to workers, laborers and mechanics employed on public work projects, and to file such schedules with the department having jurisdiction. These wage rates and supplemental benefits are subject to change, and you will be periodically notified of such changes. The wage rates and supplemental benefits to be paid and provided must be those prevailing at the time the work is being performed. Supplemental Benefits Legend used in the "other supplements" column of the Prevailing Rate Schedule: A. Health 8 Welfare ( includes hospital C. Supp. Unemployment Benefits I. Annuity Fund surgical or medical insurance or D. Scholarship Fund J. Benefit Fund r benefits, life insurance or death E. Paid Holidays K. Security Savings benefits, accidental death or dis- F. Education Fund memberment insurance). G. Vacation L. Holiday Pay B. Pensi on H. Apprentice Training M. Other h Very truly yours, Ni cholas VaIentl ne, Jr. DIRECTOR r WHEN ANY PROJECT IS COMPLETED OR CANCELLED, NOTIFY THE NEAREST DISTRICT OFFICE- OF THE BUREAU OF PUBLIC WORK. ( see addresses below) State Office Bldg. Campus. A I bang N. Y. 12240 65 Court St. , Buf fa I o N. V. 14202 ISS Main Street West, Rochester N. Y. 14614 - 44 Hawley St. . Binghamton N. Y. 13901 175 Fulton Ave. . Hempstead N. Y. 11550 333 East Washington St. , Syracuse N. Y. 13202 207 Genesee St. . Utica N. Y. 13501 30 Glenn St. , WI,i to P I a i ns N. Y. 10603 PW-200 C6-79) IB-9 PREVAILING RATE SCHEDULE State of New York Case Number Bureau of Department of Labor Public Work ----. 81 0 2 r)0 I NASSAU AND SUFFOLK COUNTIES Prev- SUPPLEMENTAL BENEFIT PAYMENI_S ai I i ng OCCUPATIONS wage health bit% ic and pen- suppl . other supplements hourly welfare " ion unomp. rate (A) (Lt) (C) (D) through (M) r C0111_I. __D_k_I L L E_R_ Core Dri 1 ler 10. 605 1. 00 71t G-. 19 Helper 9. 24S 1. 00 74 G-. 19 LLFCMiC:LAN Llecirician 15. 10 7%+. 35 S 1 /2% 25 G81_- 8 1/2'/•, H-5/8'/., I-9Y., J-3Y. Appr. 1st term 6. 0`t 7'/.+. 35 S 1/2Y. 25 G8L- 8 1/2*/, H-5/8'/•, I1Z0NW0RKE-R , Ironworker-Structural 12. 95 1. 86 2. 30 G-1. 85, H-. 11, I-2. 1S Appr. 1st term 7. 28 1. 86 2. 30 G-1. 85, H-. 11, I-2. 15 Reinforcing-(Lather ) 13. S't 1. 325 98S D-. 02, G-. 75, H-. 01, 1-1. 10 Appr. 1st Term 3. 85 1. 325 98S D-. 02, H-. O1 Ironworker-Ornamental 12. 62 1. 21 1. 55 G-1. 00, H-. 10, I-2. 00 -Cheri it L i it 12. 62 1. 21 1. 55 G-1. 00, H-. 10, I-2. 00 Fence "Appr. 1st term 7, 57 1. 21 1. 55 G-1. 00, H-. 10, I-2. 00 MASON Ear i ck I ager 12. 49 1. 33 1. 93 H-. 03, I-2. 05 Appr. 1st term 6. 25 1. 33 1. 93 H-. 03, I SO PAINTER Painter-Brush 10. 92 1. 04 1. 04 G-. J3, I-. 71 Scaffold/Spray 13. 26 1. 26 1. 26 G- 405. 1- 71 Appr. lst term 6. 55 . 62 . 62 G-. 20, I-. 25 r Nassau Co. (N of L. I. E. to Pt. Wash BI vd. S. of Sunri se Hwy. E. to Long Beach Rd. ) ------------------------------ Pai nter-Brush 10. 82 1. 29 2. 30 G-. 70, H-. O5 Appr. lst term 5. 41 1. 29 1. 15 G-. 35, H- 05 Scaffold/Spray 12. 37 1. 29 2. 30 G-. 70, H-. 05 Nassau Co. Remainder of County ------------------------------ Pai nter-Steel 14. 28 1. 86 2. 00 H-, 07 Power Tool , Spray 15. 28 1. 99 2. 1't H-. OII Sandblaster(steel ) 15. 28 1. 99 2. 14 H-. 08 Appr. 1st term 7. 00 . 91 . 9a H-. 035 Nassau Co. -Entire County ------------------------------ Painter Brush 12, 39 3. 22 1. 00 G-. 50, H-. 21 Stee I /Bridge 15. 30 3. 22 1. 00 G-. 50. H-. 21 Spray 13. 88 3. 22 1. 00 G-. 50, H-. 21 Appr. 1st term 6. 42 1. 97 1. 00 G-. 25, H-. 21 Suffolk Co. PLUMBFR PI umber 13. 6S 1. 00 2. 0S G-1. 30, H-. 37, I 57 Appr. 1st term S. 46 . 60 1. 31 G-. 70, H-. 24, L-. 29 Suffolk Co. ------------------------------ P I umber 12. 7S 1. 10 1. 54 G-1. 10. H-. 25 Appr. 1st term 5. 10 . 44 . 616 G-. 44, H-. 10 Nassau Co. TEAMSTER Truck Driver Excavation 10. 12S 1. 612S 2. 8525 1- 40 Euc I i d 10. 525 1. 612S 2. 8S25 1- 40 " Other 9. 32S 1. 612S 2. 50 WELDER Welder To be paid the rate of the mechanic performing the work OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY and BUILDING SCHEDULES Print 33 IB-10 PREVAILING RATE SCHEDULE State of New York Case Numbur Bureau of Department of Labor Public Work 8102904 NASSAU AND SUFFOLK COUNTIES Prev- SUPPLEMENTAL_ BENEFIT PAYMENTS ailing OCCUPATIONS wage health basic and pen- suppl . other supplements hourly welfare Sion unemp. rate (A) (B) (C) (D) through (M) CARPENTER Carpenter (H/H) 13. 35 1. 85 1. 03 G-. 95, H-. 05, I-. 75 Helper 11. 15 1. 85 1. 03 G-. 95, H-. 05, I-. 75 Appr. 1st term 7. 3't 1. 85 1. 03 G-. 9S, H-. O5, I-. 75 Nassau Co. (South of Go. State Pkwy. & West of Seaford Creek) ---------------------- -------- Carpenter (H/H) 13. 40 1. 50 1. 49 G-. 9S, tl-. 06 Appr. 1st term 6. 70 1. 50 1. 49 G-. 95, H-. 06 Nassau Co. Remainder of County ------------------------------ Carpenter(H/H) 13. 45 1. 33 1. 71 G-. 90. H-. 06 Appr, 1st term 6. 70 1. 33 1. 71 G-. 90, H-. 06 Suffolk Co. ------------------------------ Pi ledriver/Dockbui Ider 13. 25 1. 85 1. 03 G-1. 01. H-. 05. I-. 75 Appr. 1st term 7. 34 1. 85 1. 03 ------------------------------ T i mberman 12. 31 1. 85 1. 03 G-. 95. H-. 05, I-. 75 Helper 10. 80 1. 85 1. 03 G-. 95, H-. 05, I-. 75 ELECTRICIAN-HIGHWAY MAINTENANCE Applicable on traffic signals and street lighting only. Mai nt. Electri ci an 12. 30 8% 4 1/2/ G & 'L-6 112V., 1-7V. H-5/8%, J-3Y. Appr. 1st term 4. S7 8% 4 1/2Y. G & L-6 1/2'/., I-7'/. H-5/8'/.. J-3'/. w LABORER(HVY/HWY) Laborer (H/HH) Bas ic, Concrete, Jackhammer 8. 90 10 V. 13 '/. G- 75 Pipelayer, Land- Scape, Trackman a. 90 10 % 13 '/. G-. 75 Power Tool 8. 90 10 % 13 V. G-. 75 Asphalt Raker, Form Setter 9. 50 10 % 13 % G-. 75 Asphalt Shoveler and Tamper 9. 30 10 '/. 13 Y. G-. 75 MASON Cement Fi ni sher 12. 60 2. 19 2. 02 H-. 01 Appr. 1st term 6. 30 2. 19 2. 02 H-. 01 SIGN FRECTOR Sign Erector 11. 70 82 1. 11 H-. 02. 1- 43 M-Emp S. S. STRIPER Striping Mach. Oper 9. 90 59 70 G-7'/. Li nerman 10. 40 62 72 G-7'/. TREE TRIMMING Tree Trimmer 8. 43 34 25 1st 6mo S. 51 34 25 Groundman. Driver 1st 6mo G. 07 34 25 Driver 2nd 6mo 6. 36 34 25 Driver after 1 yr. 6. 95 34 25 TREE REMOVAL &LANDSCAPING Landscape Laborer 8. 90 10% 13% G-. 75 Mulch! ng Machine Oper. 11. 995 9'/. of 2. 25 G-1. 00, H-. 15, M-. 10 rate+vac. • Stump Chipper Mach. 10. 97 Sy.. of 2. 25 G-1. 00, H-. 15, M-. 10 rate+vac. Truck Driver 9. 325 1. 6125 2. 50 WELL DRILLER We I I Dri 1 l er 10. 55 8'/. 2. 25 G-. 40 Helper 8. 55 8'/. 2. 25 G- 40 OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY SCHEDULES Print 33 IB-11 PREVAILING RATE SCHEDULE State of New York Case Number Bureau of Department of Labor Public Work 8102904 NASSAU AND SUFFOLK COUNTIES Prev- SUPPLEMENTAL BENEFIT PAYMENTS ai 1 i ng OCCUPATIONS wage health basic and pen- suppl . other supplements hourly welfare sion unemp. ' rate (A) (B) (C) (D) through (M) SURVEY CREW (HIGHWAY & HEAVY) Party Chief 12. 16 . 90 . 70 F-. OS. G-. 70. I-1. 50 Instrument Man 10. 21 . 90 . 70 F-. 05. G-. 70. I-1. 50 Rodman/Chai nman 8. 91 . 90 . 70 F-. O5, G-. 70, I-1. 50 Survey Rates apply to those workmen employed on HIGHWAY and HEAVY contracts let On or after July 2. 1979 POWER EQUIPMENT OPERATOR (H/H) Asphalt Spreader 13. 1R 9% of 2. 25 . 20 FI-. 15. G-1. 00. M-. 10 Backhoe 13. 55 hourly Boring Machine 13. 12 rate t Bulldozer 12. 37 vac. Compressor-Single 11. 995 Compressor-2 or more in battery 12. 60 Concrete Pump 12. 64 Concrete Spreader 13. 18 Concrete Breaker 11. 28 Conveyor 12. 37 Crane 13. 18 Location, Effective Date and Dragline 13. 55 Supplemental Benefit Payments Finishing Machine 12. 37 are the same for all Powgr Equipment Fireman 12. 37 Operators. Generator 12. 29 Grade-All Oper. 13. 55 Grader 12. 585 Front End Loader 12. 905 Mai nt. Eng. 12. 37 Mulching Machine 11. 99S OI I er 10. 97 Piledriver 13. 55 Post Driver (Guard Rail ) 13. 12 Power Broom 11. 425 Pump (Under 4") 11. 995 Pump (Over 4") 12. 38 Ridge Cutter 11. 28 Roller - 5T 8 Under 12. 37 Roller - Over 5 Ton 12. 72 Scraper 12. 37 Shovel 13. 55 Stump Chipper 10. 97 Tractor-Caterpiiler or Wheel 10. 755 Track Tamper 10. 97 Trenchi ng Machi ne 13. 39S OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY SCHEDULES Print 33 IB-12 HOLZMACiiM Md,ENOiQlI i MURR" P.C. M2M CORP. aw"anMs owle" Am gWt"MW urnAL SCIOIT M PROPOSAL BIDDER'S DECLARATION TO THE TOWN BOARD of the TOWN OF SOUTHOLD, SUFFOLK COUNTY, STATE OF NEW YORK: 4 BIDDER'S DECLARATION: The undersigned, as Bidder, declares that the only person or persons interested in this Did or Proposal' as principal or principals is or are named herein and that no other person than herein named has any interest in this Proposal or in the Contract proposed to be taken; that this Bid or Proposal is made without any connection with any other person or persons making a Bid or Proposal for the same purpose; the Did or Proposal is in : all respects without fraud or collusion , that he has examined the site of the work, the Form of Contract and Specifications ^and has read the Notice to Bidders, Information for Bidders and General Conditions hereto attached and fully understands all the same; that. he proposes and agrees, if this Proposal is accepted, that he will contract with the TOWN BOARD of the TOWNOFSOUTHOLD, in the Form of Contract accompanying this Bid, to perform all the work required in accordance with and as mentioned in said Form of Contract , Specifications, Notice to Bidders, Information for Bidders and. General Conditions, and he , will accept in full payment , therefore, the following sums to wit : P-A HOLnewmRR.YIIdxwow R muRRELL,P.C.I H12Y CORP. CONEI V*4 AND EWMONMENUL ECIENTIUS PROPOSAL - (CONT'D. ) FURNISHING AND DELIVERING NEW SUFFOLK AVENUE BINDER, TOP, AND SHOULDER COURSE TOWN OF SOUTHOLD ASPHALT CONCRETE. SUFFOLK COUNTY, NEW YORK SORT 81-06-A BID DATE SEPT. 24, 1981 10:00 A.M. ITEM 51-F, 1A TOP Furnish and Deliver Type lA Top Course Asphalt Concrete Approximatelyns VM40st* pm urb Price per Ton. A0.0. S��ry,MN�, CjJ`S ($ .(O9 • Dollars Ek-WEJ gMusaWp MAL WPJA" TOTAL.740GO 4. FOUL 4A Q 'TUWYI F wE MS Dollars ITEM 51F, BINDER Furnish and Deliver Binder Course Asphalt Concrete Approximately 475 Tons 1U4 Axy Stye ©OLUAS Price per Ton&O. T4`i To4k 0 M. . . ($3b,33 ) Dollars TOTAL. .Sew. Do4L0At. AQ#. P.VX.Aj J4.09. qXqv . . . ($ Dollars ITEM .51Y, Furnish and Deliver Shoulder Course Asphalt Concrete Approximately 5500 Tons Price per Ton"P Softy NINE . UP% '!3 , sly-TV" Tk�OOLWD ``ws s fJ0A%4 W4" TOTAWRIA POS-4A . Auo, .N0 . C.Eq�s . . . . . . . ($ JCPo13 451') Dollars PB-1 HOLZMACHEK MOMO Ni&MUMOLL.P.C.I HZM CORP. CONOXYM EM13WNM ASIC ENY1N0f1AARWAL SCIENTISTS (CONT1 , FURNISHING AND DELIVERING NEW SUFFOLK AVENUE BINDER, TOP, AND SHOULDER COURSE TOWN OF SOUTHOLD ASPHALT CONCRETE SUFFOLK COUNTY, NEW YORK SOHT 81-06-A BID DATE: SEPT. 24, 1981 10:00 A.M. TOTAL BID (SUM OF ALL ITEMS) FCK)M 4 FIVE 11400"00 644 WORM" TOTAL. 944A*X . Np . 44 TS . ($ 4S1 S G. ) Dollars DELIVERY SHALL BE MADE ON WEEK DAYS (MONDAY THRU FRIDAY) BETWEEN THE HOURS OF 7:00 AM AND 5:00 PM PREVAILING TIME. NO LESS THAN 48 HOURS PRIOR NOTICE SHALL BE GIVEN TO THE CONTRACTOR FOR DELIVERY. DELIVERY SHALL BE CONTINUOUS THROUGHOUT THE DAILY PAVING OPERATION AT THE PROJECT SITE. NOTE: PRICES STATED ABOVE SHALL BE IN EFFECT FOR A PERIOD OF 60 DAYS FROM THE DATE ON' WHICH THE CONTRACT IS SIGNED. FIRM NAME MUIRFIELD CONTRACTING, IN r FIRM ADDRESS: GARDEN !CITY N.Y 11.530, SIGNED BY: TITLE: H .H: FARLEY, PI2ESI '1} DATE: EP 2 4 Off PB-2 �IOt1rICMin�,M0[r MLM11ttL M.C. NIM ta". *WWW A010 WWWWOML KWM= PROPOSAL - (CONT'D.) Enclose certified check or bid bond for five percent (5x) of the total bid, as stipulated in the foregoing Information for Bidders. The Bidder hereby agrees to enter into a contract within seven (7) days after due notice from the Town of Southold that the contract has been awarded to him and is ready for signature, such notice to be given in writing within forty-five (45) days of the cute of opening of the bids, and on the signing of such contract by him to furnish the indemnifying bonds as provided in the Contract. And, the Bidder hereby further agrees that in the event of his failure or refusal to enter into a contract in accordance with this bid within seven (7) days after due notice from the said Town Board as given in accordance with the information for Bidders, and/or his failure to execute and deliver the bond for the full amount of the contract price as provided in said Information for eiddets, that the bidder's check which is herewith deposited with the Town shall, at the- option of said Town, . become due and payable as ascertained and liquidated damages for such default, otherwise the said check shall be returned to the undersigned. The full. name and residences of all persons and parties interested in the foregoing bid as principals are as follows: NAME ADDRESS J06WH H. FARLEY, PRESI.DEN:T " k4* 16 Heath P1.Garden c4i N Y 3AMES H. FARLEY- VICE PRESIDEif 16 Heath P1.Garden ft K Y. RE13ORY H. FARLEY - SECRETARY 16 Heath Pi.Garden City,k-Y. NAME OF BIDDER: MUIRFIELD CONTRACTING, INC. BUSINESS ADDRESS OF BIDDER: r_G,ARQFN CITY N.Y 11530, DATED AT:_, �:gi%j 011 G� N--=- --- THE&DAY OF P-C "OL& ICHM MOON i MtIN LII P.C. / Ham OW. OWOULIM gON&M AM LWANWAOM WOMM PROPOSAL - (CONT-D. ) NON-COLLYSIVE ©IP21_NG CERTIFICATE By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, •. each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: 1. The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting eaupetition, as to any matter relating - to such prices with any other bidder or with any competitor; and 2. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingybtodanylosed otherby the bidderbor� priorer opening, to anycompettor; and directly or indirectly, 3. No attempt has been made or will be made by the bidder to induce any, other person', partnership or corporation to submit or not to submit a bid for the purpose of restricting competition. n a Dated: SEP 241981 Iluirti®Yd Contracting,, Inca By: . FA,RLEY, PRES1�Et This bidder cannot make the foregoing c tification and a statement signed by the bidder is attached setting forth in detail the reasons therefor: P-D MOLIMACNEA, MdAN00N i KXWU P Q / H=M OOP. OONWITiNG VOWS 0 ANO DMNNUDML WomM INDEMNITY, LIMITATION OF LIABILITY 1. INDEMNITY • The Contractor and all sub-contractors performing work in connection with this contract shall HOLD - HARMLESS, INDEMNIFY and defend the OWNER and ENGINEER, their consultants, and each of their officers, agents and employees from any liability, claims, losses or damage including reason- able costs of defense arising out of or alleged to arise from the Con- tractor's or sub-contractor's negligence in the performance of the work described in the Contract documents, but not including liability that may be due to the sole negligence of the OWNER, ENGINEER or their officers, agents and employees. 2. LIMITATION OF LIABILITY The Contractor and all sub-contractors agree to limit the liability of the OWNER and ENGINEER due to the Engineer's professional negligent errors or omissions such that the total aggregate liability of the engineer to those named shall not exceed fifty thousand ($50,000. ) dollars, or 5% of the contract award amount, whichever is greater. r 10/80 ILL 1 of 1 HOLZMACHER, McLENDON`MURR" P.C. I HZM CORP. MNIULnMa WGINUM ANO LNVIIIONMENT" ICIpiT M CONTRACT CONTRACT IN QUADRUPLICATE FOR FURNISHING AND DELIVERING. BINDER, " TOP, AND SHOULDER COURSE ASPHALT CONCRETE, TO NEW SUFFOLK AVENITF�,_ AT TOWN OF SOUTIIOLD, SUFFOLK COUNTY , NEW YORK , duted is , BY AND BETWEEN THE TOWN BOARD OF THE TOWN OF SOUTIIOLD, SU FFoL,K COUNTY, NEW YORK , (herein cal led the "Town , " and (herein called the "Contractor" ) . WITNI':SSETH , tl►at tt►e Town anti the Contractor, in consideration of the premises and of the mutual covenants, considerations and agreements herein contained , agree as follows: This Contract Is hereby awarded to tale Contractor for the work and material culled for under his bid in the Proposal section of the Contract and designated as Items: and if required by the Consulting Engineer, Items: for the sum of: Dollars for the unit and/or lump-sum price(s) as listed in the Proposal herein. C-1 HOLZMACHER. MCLENOON R MURRELL. P.C. I H2M CORP. CONSULTING CNGIN"M AND 6XV11100014011 L SCILWTIM CONTRACT - CONT'D. 1 . CONTRACT DOCUMENTS ANI) DEFINITIONS The Notice to Bidders, Information l'or Bidders, Proposal , General Conditions, Contract, Specifications and Plans, together with any Addenda , shall form part of this Collt.1-at.L , and the prra- visions thereof shall be as binding upon tilt parties hereto as 1f they were herein fully set forth. The titles , headings, head- lines and marginal notes contained herein are solely to facilitate the ContracC Documents and in reference to various provisions of no way affect , limit or cast light upon the interpretation of the provisions to which they refer. Whenever the term "Contract Docu- ments" is used, it shall. mcau and include this Contract , the Plans, Specifications, any Addenda , and the Notice to Bidders, Informattun for Bidders, General Conditions and Proposal . In case of any con- flict or inctale Spe`ificationstency ,3ethellprovisionsl�ofutilellContract`t and shall those of tl�e Sp govern. WORK: The Iterm "Work" , as used herein, refers to all of the work proposed to be accomplished at the site of the project and all such other work as is in any manner required to accomplish the completed project , and includes all plant , labor, materials , supplies, equipment and other facilities and acts necessary or proper for or incidental to the carrying out and completion of the trued to include'imaterial Tdelivered ile term wtokandlsuitably sliall e stored consrued at the site of the project. EXTRA WORK: The term "Extra Work" , as used herein, refers to and includes all work required by the Town which, in the judgment of the Engineer , involves changes in or additions to work required by the Plans, Specifications and ally Addenda ill their present form. SUBCONTRACTOR: The term "Subcontractor" , as used herein, shall clean any person, firm or corporation applying labor and material for work at the site of the project , but not including the parties to this Contract. ENGINEER: Ill the performance of the work, the Town shall be represented by its Consulting Engineer HOLZMACHERI McLENDON & MURRELL$ P.C. , (herein called the "Engineer") . PAVING CONTRACTOR: The term "Paving Contractor" , as used herein , shall mean any person , firm, or corporation applying labor and equipment for receiving delivery of , placing and compacting the asphaltic concrete materials being supplied under this Contract . C-1 HOLZMACHER, MCLENDON 6 MURROA. P.C. / HZM CORP. CONSULTIN0 V401MURS AND [NVIMMMIENTAL KIIXTISTS CONTRACT - CONT 11). NOTICE - The team "Notice" , as used herein , shall mean ai►d include written notice. Written notice shall lie deemed to have been duly served when delivered to, or at the last known business address of, the person, firm or corporation for whom intended or to his, their, or its duly authorized agents, representatives or officers, or when enclosed in a postage prepaid wrapper or enve- lope addressed to such person, firm or corporation at his , their, or its last known business address and deposited in a United States Mail Box. DIRECTED, REQUIRED. APPROVED. ACCEPTABLE - Whenever they refer to the work, or its performance, "directed" , "required", "permitted" , "ordered", "desigrnated" , "preseril,ed" , and words of like import shall imply the direction , requii-emunt. , permission , cinder, designa- tion or prescription of the Engineer, and "approved"„ "saLisfied" , or "satisfactory" , "in the judgment of" , and words of like import, shall mean approved or acceptable to, or satisfactory to, in the judgment of the Engineer. 2. SCOPE OF THE WORK The Contractor will furnish all plant , labor, material , supplies, equipment and other facilities and things necessary or proper for or incidental to, the work contemplated by this Contract as required by, and in strict accordance with, the applicable Plans, Specifications and Addenda prepared by the Engineer and/or required by and in strict accordance with, such changes as are ordered and approved .pursuant to this Contract, and will perform all other obligations imposed on him by the Contract . 3. COMPENSATION TO BE PAID TO THE CONTRACTOR (a) Agreed Prices : It is understood and agreed that the Con- tractor will accept as payment in full the summation of products, of the actual quantities in place upon the completion of the work, as determined by the Engineer's measurements by the unit prices bid, no allowance being made for anticipated profit or for reason " of variations from the estimated quantities stet forth in the Proposal. (b) Extra Work and/or Changes: The Town may, at any time, by a written order, and without notice to the sureties, require the performance of such extra work or changes in the work as it may find necessary or desirable. The amount of compensation to be paid to the Contractor for any extra work, as so ordered, shall be determined as follows: C-3 H&IMACHER. MCUNDON A MURK" P.C. I HZM CORN. coNsulnmo V441XUM ANO anvimmm sTAL MUMM CONTRACT - CONT'D. (1) By such applicable unit prices , if any, as set forth in the contract , or (2) If no such unit prices are set forth, then by unit prices or by a lump suui mutually agreed upon by the Town and the Con- tractor, or (3) If no such unit prices are set forth, and if the parties cannot agree upon unit prices or a lump sum, then by actual net cost in money I.0 the Contractor of the materials, permits, wages, or applied labor, premiums for Workmen's Cumpensation Insurance, payroll taxes required by law, rental for plant and equipment used (excluding small tools) to which total cost will be added twenty percent (20%) as full compensation for all other items of profit, costs and expenses $ including adminiss3tration$ overhead, superintendence, insurance, insurance other than Workmen 's Compen- sation Insurance, material used in temporary structures, allowances made by the Contractor to subcontractors, additional premiums upon the Performance Bond of the Contractor and the use of small tools. 4 . TIME OF ESSENCE Inasmuch as the provisions of this Contract relating to the time for performance and completion of the work are for the purpose of enabling the Town to proceed with the construction of a public improvement, in accordance with a predetermined program, such pro- visions are of the essence of this Contract. 5. COMMENCEMENT OF WORK The Contractor agrees that he will commence work within ten (10) consecutive calendar days after signing this Contract , and that the day he commences work shall constitute the first of the consecutive calendar days allowed for completion of the work. C-4 HOLZMACHER, MCLENDON 6 MORA" F.C. I H2M CORP. COMUMM4 ZNGINUM AND LNWIIONM MUL 8CILM S" CONTRACT - CONT'D. 6. TIME FOR COMPLETION The time for completion of this Contract shall be within the number of calendar days stated in the Laid Proposal and the date of such completion shall be the date of the certificate of com- pletion hereinafter specified. The Town reserves the right to order the Contractor to suspend operations when, in the opinion of the Engineer, impro- per weather conditions make such action advisable, and to order the Contractor to resume operations when weather and ground con- ditions permit. The days during which such suspension of work is in force are not chargeable against the specified completion time. 7 LIQUIDATED DAMAGES FORS Y The time limit being essential to and of the essence of this Contract , the Contractor hereby agrees that the Town 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 fifty dollars ($50.00) 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 Town 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, provided, however, that the Town 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 with- out his fault, or negligence, including but not restricted to Acts of God or of any public enemy, acts or neglect of the Town , acts or neglect of any other Contractor, fires, floods, epidemics, quarantine restrictions, strikes, riots, civil commotion 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 Town. No such extension of time shall be considered a waiver by the Town 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 obliga- tions hereunder. C-5 HOLZMACHER, MCLEN190N 6 MURR" P.C, / H2M CORP. CONSULTING VAIN"" ANO MVUIONMUNTAL SCILNT M CONTRACT - CONT'1). 9. CONTRACT SECURITY (a) The Contractor shall furnish a Pert'ormance Bond in an amount equal to one hundred percent ( 100` ) (if' the total contract price as security for the faithful performance of 'this contract , and for the payment of all persons performing labor or furnishing mater- ials in connection with this Contract . (b) Additional or Substitute Bond : If', at any time , the Town shall be or become dissatisfied with any surety or sureties , then upon the Performance Bond, or if , for any other reason , such bond shall cease to be adequate security to they Town , the Contractor shall , within five (5) days after notice from the Town, substitute an acceptable band in Such form and sum, and signed by such other surety as may be sa t..is t'ae tory to the Town . Tho premiums on such bonds shall be paid by the Contractor. No t'urthor payments shall be deemed due, nor shall be made: until the: now :surety shall have been qualified. (c) Prior to release of the Performance Bend, the Contractor shall deliver to the 'Town a Maintenance Bind equal to one hundred percent (100%) of the total Contract price, including all extras. This Maintenance Bond shall remain in full force and effect for a period of one (1 ) year after the date of the final certificate and 4 such bond, which shall be executed by the Contractor and issued by a reliable, solvent surety company authorized to do business inthe State of New York shall guarantee to the Town that the Contractor shall promptly remedy any defects or faults that may occur within twelve (12) months after completion and acceptance of the work performed by the Contractor pursuant to this Contract . 10. CONTRACTOR'S INSURANCE The Contractor shall not commence any work until he has obtained and had approved by the Town all of the insurance required under this Contract , as enumerated herein : Compensation Insurance Public Liability and Property Damage Insurance Contractor's Protective Liability and Property Damage Insurance Owner's (Town of Southold) and Engineer's Pro- tective Public Liability and Property Damage Insurance Automobile Public Liability and Property Damage Insurance C-6 HOLZMACHER, Ms:MO N a MURR" P.C. / HZM CORP. CON"nwo o+aNuaa MD wviSOMMMAL SCIENTIM CONTRACT - CONT'D. The Contractor shall not permit any subcontractor to commence any operation on the site until satisfactory proof of carriage of the above required insurance has been posted with, and approved by, the Town. (a) Compensation Insurance: The Contractor shall take out and maintain, during the life of this Contract. , Workmen's Compensation Insurance for all of his employees employed at the site of the pro- ject , and in any case of any of the work being sublet, the Contractor shall require the subcontractor similarly to provide Workmen 's Com- pensation Insurance for all of the latter's empluyees, unless ouch employees are covered by the protection afforded by the Contractor. (b) Public Liability and Property Damage Insurance: The Con- tractor shall take out and maintain during the life of this Contract such Public Liability and Property Damage Insurance as shall pro- tect him and any subcontractor performing work covered by this Contract for claims for damages for personal injury, including accidental death, as well as from claims for property damage which may arise from operations under this Contract , whether such opera- tions be by himself or by any subcontractor, or by anyone directly or indirectly employed by either of theca, and the amounts of such insurance shall be as follows: Public Liability Insurance in the amount not less than Five Hundred Thousand Dollars ($500,000. ) for bodily injuries, including wrongful death to any one person, and subject to the same limit for each person in an amount not less than One Million Dollars ($1,000,000. ) on account of one accident. Property Damage Insurance in an amount not less than One Hundred Thousand Dollars ($500,000. ) for damages on account of any one accident and in an amount of not less than Two Hundred Thousand Dollars ($1 ,000,000. ) for damages on account of all accidents . (c) Liability and Property Damage Insurance: The above policies for public liability and property damage insurance must be so written as to include Contractor's Protective Liability and Property Damage Insurance to protect the Contractor against claims arising from the operations of any subcontractor. Y C-7 _R Fidelity and Deposit Company HOME OFFICE OF MARYLAND BALTIMORE,MD.21203 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned,__-__--Mui_rfi_eld Contracting Inc. ------------------------------------------- -------------- 16---HP-ath---Placas---0aard.an---Gi t_Y+---Nem-_York-.--.XaW---Yas_K_-1.1530------------------------as Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND as Surety, are hereby held and firmly bound unto _Town of Southold ------------------------ -- ------------------ -- ---------------------------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- in the penal sum of-------F1V-e---Percent--U%)--Amount---Qi-d--------------------------------------------------------------------------------- for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. Signed this_ 2--4-t h day of S e_p--e m--a r------------------------------19 81 THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That, WHEREAS the Principal has submitted to__--------Town of Southold ----------------------------------------------------------------------------------------------------------------------------------------------- a certain Bid, attached hereto and hereby made a part hereof, to enter into a contract in writing, for the Prgject_-qt -_81-06A_furnish__and__deli_v_er binder top and shoulder course ----------------asphalt---to--_New__Suffolk Avenue--------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- NOW, THEREFORE, (a) If said Bid shall be rejected, or, in the alternate (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said Contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, Then, this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Obligee may accept such bid; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. MUIRFIELD CONTRACTING INC. _ ---------------- Principal By ------ --- --- --------------- jOSEPH H. RLEY, PRESIDENT FIDELITY AND DEPOSI PANY OF MARYLAND C2424(NJ)-2M.8-81 213491 ByRobert G. n, Attorney—fin-Fact STATE OF...__......_..._NOW YorX cOuNTy OF Nassau I 88. On this - ..... - "--j------------------day of - - !!it......._--...........................19SJ-.-, before me personally Joseph H• Farley appeared.............-—— - - - - - ---------------------—.------.........—.............. .................................................................................... with whom I am personally acquainted,who,being by me duly sworn,did depose and say: sident That he resides at-----------------16 Heath PI:Garden City,N.Y.-_.__.._.._.._....--__—. ..that he is the............_�I'.............................._......... Muirfield Contracting, Inc. ofthe -- - - _ - - .._.._ - - - - - - -----__..— ..___..........-......-..........-............................................... the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of said corporation; that the seal thereto affixed is such corporate seal; that it is so affixed by order of the Board of Directors,and that he signed his name thereto by like order. JOHNJ. PARR .......... ..... ..................... . . .. ..............................-•.__........... Notary Public, State of New York Notary Public No. 01 PA3022648 County BR(112)23 213289 Qualified in Ulster County Commission Expires March 30,1983 xz^roor_A" YRrk / conNzYmc-A[W-�#m� SS: � ' ` onthis ���� ___________________-__dur .�� '-- n� ---------_-- ---, before me personally . .~_-______ wdb whom / =m personally acquainted, who, 6e�« -- --------------------'--------'--- � "rmeduly sworn, diddrno" and say: 'rhat he he,esue at------Mmmm- _.j � ---------------------------------- thataris u/ the'Flo ell�V' -- --'----'--~ ~ymocorporation orscribud /oand which executed the �-�-u-u'-h-e'-knows --the --corporate --sea] --'f'-said '-----"-�---- -~~-~-~- ; that the seal thereto affixed is such corporate sea|' =�` '`°^ ~v»m«�� uv»ude'»/ theBoa,dv/ D{octom.u^a that u*signed his name thereto hylike order. , PAULA MORELLO � MARY PUBLIC STATE QFNEW YM,qK � r Ik414W44"ffed ki Nees County _'/ �� ox*a)zo zwwr c�mm��N�Y»k0nomy Cp�_ r --' ------'~~~==Notary-=--Pu��----------- Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: BALTIMORE,MD. KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora- tion of the State of Maryland, by C. M. PECOT, JR. , Vice-President, and C. W. ROBBINS , Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Com- pany, which reads as follows: SEC.2.The President,or any Executive Vice-President,or any of the Senior Vice-Presidents or Vice-Presidents specially author- ized so to do by the Board of Directors or by the Executive Committee,shall have power,by and with the concurrence of the Secre- tary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents,Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require,or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings,recognizances,stipulations,policies,contracts,agreements,deeds,and releases and assignments of judgments,decrees, mortgages and instruments in the nature of mortgages,and also all other instruments and documents which the business of the Com- pany may require,and to affix the seal of the Company thereto. does hereby nominate, constitute and appointWilliam F. Tynan, III and Robert G. Tynan, both of New York, 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. . . . . . . . . . . . . . . . . . . . i n the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Company,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 Company at its office in Baltimore, Md., in their own proper persons. This power of attorney revokes those issued on behalf of William F. Tynan, III, dated, September 27, 1978 and on behalf of Robert G. Tynan, dated, July 15, 1976. The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI,Section 2,of the By-Laws of said Company,and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this --------------------lith-----------------------------day of-----------------------March-------------------------- A.D. 19-21---- FIDELITY AND DEPOSIT COMPANY OF MARYLAND JPA.DErpATTEST: SEAL ' n 3+ t� B 1. Assistant Secretary Vice-President STATE OF MARYLAND t SS: CITY OF BALTIMORE f On this 11th day of March A.D. 19 81before the subscriber, a Notary Public of the State of Maryland,in and for the City of Baltimore,duly commissioned and qualified ,came the above-named Vice-President and Assistant Secretary Of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and they each acknowledged the execution of the same,and being by me duly sworn, severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal,at the City of Baltimore,the day and year first above written. •________________________________ _ _______ ____ ________ ________ urr NO,ANY'i9 - +: — ;• Notary Public mmission x es_Ju1Y_.ls. 1952_ ;pueuc,i° ----- "�RE'aty' CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original Power of Attorney of which the foregoing is a full,true and correct copy,is in full force and effect on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents spe- cially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI,Section 2 of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: `That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same fore and effect as though manually affixed." IN TESTIMONY WHEREOF, I Piave hereunto sub ibed my name and affixey, he corporate seal of the said Company, this --•--------------------------••-•-••••-•••---••_..... ./_.day of...... 19-•-••f•- ........................•• -• ----•• ................................ ........ L1428Ctf.-1 M,5-80 210737-112-2764 , Assistant Sec ary L 1458a-45M.8-81 213630 FIDELITY AND DEPOSIT COMPANY OF MARYLAND Statement of Financial Condition AS OF JUNE 30, 1981 ASSETS *Bonds. . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . ... . . . .. . . . . . . . . . . .. . . . . . $93,030,643.18 *Stocks. . . . . . . . . . . . . . . . . . . . . .. . . . . .. . . . . .. . . . . .. . . . . .. . . . . .. . . . 114,260,390.92 Real Estate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . 3,227,516.85 Cash in Banks and Offices... . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4,471,163.33 Premiums in Course of Collection (less than 90 days old).... . . . . . . . . . 13,062,314.46 Reinsurance and Other Accounts Receivable. . . . . . . . . . . . . . . . . . . . . . . 6,528,004.97 TOTAL ADMITTED ASSETS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $234,580,033.71 LIABILITIES, SURPLUS AND OTHER FUNDS Reserve for Unearned Premiums. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $69,040,531.27 Reserve for Claims and Claim Expenses.... . . . . . . . . . . . . . . . . . . . . . . . . 41,920,031.40 Reserve for Taxes and Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2,374,684.13 Miscellaneous Reserves and other Liabilities. . . . . . . . . . . . . . . . . . . . . . . 19,706,522.45 TOTAL LIABILITIES.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $133,041,769.25 Capital Stock, Paid Up. . . . . . . . . . . . . . . . . . . . . . . . . . . . $5,000,000.00 Surplus. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96,538,264.46 Surplus as Regards Policyholders... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101,538,264.46 TOTAL. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $234,580,033.71 Securities carried at $3,458,875.00 in the above statement are deposited as required by law. *Securities carried on the basis prescribed by the National Association of Insurance Commissioners. On the basis of June 30, 1981 market quotations for all bonds and stocks owned, this Company's total admitted assets would be $210,071,091.62 and surplus as regards policyholders $77,029,322.37. I,WILLIAM R. Amos, Treasurer Of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing statement is a correct exhibit of the assets and liabilities of the said Company,on the 30th day of June, 1981, according to the best of my information, knowledge and belief. William R. Amos ---------------------------------- Treasurer STATE OF MARYLAND SS: ,CITY ;CITY OF BALTIMORE J Subscribed and sworn to, before me, a Notary Public of the State of Maryland in the City of Baltimore, this 31st day of July, 1981. --- Stephanie A. Mason ------- ------- ------- Notarial Notary Public Seal My commission expires July i, 1982 W Rb Gt CI C�� J►J t-,AA7T. OC HOLZMACHER,McLENDON & MURRELL,P.C.I H2M CORP. M-A-5:(L,A-L CONSULTIN4 ENGINEERS AND ENMONMENTAL SCIENTISTS NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN that SEALED BIDS will be received by the Town Clerk of the Town of_So;ithold at the Town Hall, Main R ld, New York, until 10:00 A.M. prevailing time, on Thursda ep�irorV at which time and place they will be publicly opened and rea �I following contract: o° Ot NAS FURNISHING AND DELIVERING (F 80 0 T BINDER, TOP, AND SHOULDER COURSE ASPHALT CONCRETE 51Y �O � TO NEW SUFFOLK AVENUE The above item must conform to the Specifications of the Suffolk County Department of Public Works for Item 51-F - Asphalt Type lA (Two- Courses) and Item 51Y - Asphalt Concrete for Shoulders. Specifications may be obtained on or after Sept. 17, 1981 at the Town Hall and offices of the Consulting Engineers, HOLZMACHER, MCLENDON & MURRELL, P.C. , 209 West Main Street, Riverhead, New York, 11901, and 125 Baylis Road, Melville, New York, 11747 , upon deposit of twenty-five dollars ($25 . 00) for each set furnished. Deposits for Specifications will be refunded to bidders who return Specifications within ten (10) days in good condition; other deposits will either be partially or not refunded if the Specifications have not been returned in good condition within thirty (30) days after bids have been opene Each Proposal must be ccompanied by a certified check or bid bond n the amount of five percen (5%) of the total bid, made payable to William R. Pell, III , Superv' or, Town of Southold, as set forth in the Information to Bidders. 'lown reserves the right to reject any or all bids, to waive any informalities and to accept such alternate bid which, in the opinion of the Town Board, will be in th6 best interests of the Town. BY ORDER OF THE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK . .0cc - �,y JUDITH T. TERRY, TOWN CLERK TOWN OF SOUTHOLD SOUTHOLD, NEW YORK 11971 W ti-c,•-► t7 0 W4-AT I W'i t)i (=-D& t50NAvT D EUVH-L-•0 11 DATED: SEPTEMBER 8, 1981 NB-1 HOLZMACHER, MCLENOON a MURRELL. P.C. / HZM CORP. CONSULTING 0440NUAG AND [NVIRDNMIENTAL KIUOTIST1 CONTRACT - CONV D. F (d) Owner's and/or Engineers Protective Public Liability and Property Damage Insurance: (Town and/or Town Board, Town of Southold and/or Holzmacher, McLendon & Murrell, P.C. ) The Con- tractor shall furnish to the Town with respect to the operations he or any of his subcontractors perform, a regular Protective Public Liability Insurance Policy for and in behalf of the Town and/or Town Board, Town of Southold and/or 11olzmacher, McLendon & Murrell, P.C. , providing for a limit of not less than $500,000. for all damages arising out of bodily injuries to, or death of one person and subject to that limit for each person, a total limit of $1,000,000. for all damages arising out of bodily inju- ries to, or death of, two or more persons in any one accident ; and regular Protective Property Damage Insurance providing for a limit of not less than $500,000. for all damages arising out of injury to, or destruction of, property in any one accident and subject to that limit per accident a total (or aggregate) limit of $1 ,000,000. for all damages arising out of injury to, or des- truction of property during the policy period. The insurance must fully cover the legal liability of the Town and/or Town Board, Town of Southold as owner and/or 11olzmacher, McLendon & Murrell, P.C. The coverage provided under this policy must not be affected if the Town and/or Engineer performs work in connection with the project either for, or in cooperation with, the Contractor or as an aid there- to, whether the same be a part of the Contract or separate there- from, by means of its own employees or agents, or if the Town and/or Engineer directs or supervises the work to be performed by the Contractor. (e) Automobile Public Liability and Property Damage Insurance: The Contractor shall take out and maintain during the life of the Contract such automobile public liability and property damage insurance as shall protect him and any subcontractor performing work covered by this contract from claims for damages for personal injury, including accidental death as well as from claims for property damage which may arise from operations under this Con- tract, whether such operations be by himself or by any subcontractor, or by anyone directly or indirectly employed by either of them and the amounts of such insurance shall be as follows: C-B HOLZMACHER. Md.[NOON i MURR" P.C. / HZM CORP. CONSULTING CNNIMA" ANO ENVIRONMONTAL OCWMnM CONTRACT - CONT'1). Automobile public Liability Insurance in an amount not less ` than Five hundred 'Thousand Dollars ($500,000. ) for bodily injuries, including wrongful death by any one person, and subject to the same limit for each person in an amount not less than One Million Dollars ($1,000,000. ) on account of one accident. Automobile Property Damage Insurance in an amount of not leas than One Hundred Thousand Dollars ($100, 000. ) for damages on account of any one accident and in an amount of not less than Two hundred Thousand Dollars ($200,000. ) for damages on account of all accidents. I.A . PROOF OF CARRIAGE OF INSURANCE The Contractor shall furnish the Town with certificates of each insurer insuring the Contractor or any subcontractor under this Contract , except with respect to subdivision (d) of Paragraph 10. In respect to this paragraph, the Contractor shall furnish the Town with the original insurance policy and a copy to the Engineer. Both certificates, as furnished, and the insurance policy, as required, shall bear the policy numbers, the expiration date of the policy and the limit or limits of liability thereunder. Both the certificates and the policy shall be further endorsed to provide the Town and Engineer with any notice of cancellation at least five (5) days prior to the actual date of such cancellation. C-9 MUMACHER, MCUNOON 6 MURK" P.C. / h2M CORP. CONSULTINO CNGJNU" AND ENVIIIONMENTAL SCILNTIfTM CONTRACT - CONT'D. 12. COMPLIANCE WITH LABOR AND 13ENAL LAWS The Contractor hereby expressly agrees to comply with all the provisions of the Labor Law and any and all amendments thereto, insofar as the same are applicable to this Contract . The labor Laws, as amended, provide that no laborer, workman or mechanic: in the employ of the Contractor, subcontractor or other person doing or contracting to do the whole or a part of the work c:on- templated by this Contract , shall be permitted or required to work more than eight (8) hours in any one calendar day, except in cases of extraordinary emergency caused by .fire, flood, or danger to life or property; that no such person shall be employed more than eight (8) hours in any day or more than t'ive (5) days in any week, except in such emergency; that the wages to be paid for a legal day 's work as hereinbefore defined, to laborers, workmen, or mechanics upon the work called for under this Con- tract , or for any materials used upon or in connection therewith, shall not be less than the prevailing rate for a day's work in the same trade' or occupation in the locality within t:lie State where such work is to be done and each laborer, workman or mechanic employed by the Contractor, subcontractor, or other person about or upon the work shall be paid the wages herein provided; that employees engaged in the construction outside the limits of cities and villages are no longer exempt from the pro- visions of the Labor Law which required the payment of the pre- vailing rate of wages and the eight (8) hour day. Section 222 of the Labor Law, as amended by Chapters 556 and 557 of the Laws of 1933, provides that preference in employ- ment shall be given to citizens of the State of New York who have been residents of Suffolk County for at least six (6) consecutive months immediately prior to the commencement of their employment. Each person so employed shall furnish satis- factory proof of residence, in accordance with rules adopted by the Industrial Commissioner. Persons other than citizens of the State of New York shall be employed only when such citizens are not available. Section 222 further provides that upon the demand of the State Industrial Commissioner, the Con- tractor shall furnish a list of names and addresses of all his subcontractors and further provides that a violation of this section shall constitute a misdemeanor and shall be punishable by a fine of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00) or by imprisonment for not less than thirty (30) days nor more than ninety (90) days, or both fine and imprisonment. C-10 HM2MiACHER, MdMDW&MWRR[L.l. P.C. / HZM CORP. CON"TOM DMOU" AND LNVIQONMO/TAL W M M CONTRACT - CONT'D. Section 220A of the Labor Law, as amended by Chapter 472 of the Laws of 1932, provides that before payment is made by or on behalf of the State or any City, County, Town or Village or other civil deviation of the State, of any sums due on account of a contract for a public improvement , it is the duty of the Comptroller or the financial officer of the Municipal Corporation to require the Contractor and each and every sub- contractor to file a certified statement in writing, in satis- factory form, certifying to the amounts then due and owing to any and all laborers for daily or weekly wages on account of labor performed upon the work of the Contract , setting forth therein the names of the persons whose wages are unpaid and the amount due each, respectively. Section 220-B of the Labor Law, as so amended, provides that any interested person who shall have previously filed a protest in writing objecting to the payment to any Contractor or subcontractor to the extent of the amount or amounts due or to become due to him for daily or weekly wages for labor performed on the public improvement for which the Contract was entered into, or if, fug• any other reason, it may be deemed advisable, the Comptroller of the State or other financial officer of the Municipal Corporation may deduct from the whole amount of any payment on account thereof the sum or sums admitted by any Contractor or subcontractor in such statement or statements so filed to be due and owing by him on account of labor per- formed and may withhold the amount so deducted for the benefit of the laborers for daily or weekly wages, whose wages are unpaid as shown by the verified statements filed by any Con- tractor or subcontractor and may pay directly to any person the amount or amounts so shown to be due for such wages. Section 220-C of the Labor Law, as so amended, provides .the penalty for making of a false oath or verification. Section 220-D of the Labor Law provides that the advertised specifications for every Contract for the construction, recon- struction, maintenance and/or repair of highways to which the State, County, Town and/or Village is a party shall contain the provision stating the minimum rate of hourly wage that can be paid, as shall be designated by the Industrial Commissioner, to the laborers employed in the performance of the Contract , either by the Contractor, subcontractor or other person doing * or contracting to do the whole or part of the work contemplated by the Contract, and the Contract shall contain a stipulation that such laborers shall be paid not less than such hourly minimum rate of wage. Any person or corporathn that willfully pays C-11 HOL=MACHE a M6LENOON i MURR" P.C. / H2M cootp. COM n"@ DMUM99 W AND INVIMNMOlUI WAUMSU CONTRACT - CONTD. after entering into such contract less than such stipulated minimum hourly wage scale shall be guilty of a misdemeanor and, upon conviction, shall be punished for a first offense by a • fine of Five Hundred Dollars ($500.00) or by imprisonment for not more than thirty (30) days, or by both fine; and imprisonment for a second offense by a fine of One Thousand Dollars ($1,000. 00) and, in addition thereto, the Contract on which the violation has occurred shall be forfeited ; and no such person or corporation shall be entitled to receive any sum or nor shall any officer, agent or employee of the State pay the same or authorize its payment from the funds under his charge or control to any person or corporation for work done upon any contract , on which the Contractor has been convicted of second offense in violation of the provisions of this Section. The minimum wage rates established by the Industrial Com- missioner, State of New York, for this Contract , are as set forth in the Information for Bidders. Section 1918 of the Penal Law, as amended, provides that no person shall discharge explosives in the ground, nor shall any person other than a state or county employee regularly engaged in the maintenance and repair thereof excavate in any then existing street, highway, or public place, unless notice thereof in writing shall have been given at least seventy-two hours in advance to the person, corporation or municipality engaged in the distribution of gas in such territory. The person having direction or control of such work shall give such notice and further, he shall ascertain whether there is within one hundred feet of such street, highway or public place, or in the case of a proposed discharge of explosives within a radius of two hundred feet of such discharge, any pipe of any person, corporation or municipality conveying combustible gas, and if any emergency involving danger to life, health or property, it shall be lawful to excavate without using explosives if the notices prescribed herein are given as soon as reasonably possible, and to disharge explosives to protect a person or persons from an immediate and substantial danger of death or serious personal in- jury if such notices are given before any such discharge is under- taken. Any such work shall be performed in such manner as to avoid damage to pipe conveying combustible gas. Any violation of the provisions of this Section shall be a misdemeanor. C-12 HOIZMACHEA, Md ENDON a MUMnA, P.C. I H?M CORP. OON"TINO 004WUPA ANO ENvIAONMa#vAL mgPdTI#T1 CONTRACT - CONT'D. 13. (QUALIFICATIONS FOR EMI)LOYMENT No person under the sage of sixteen (16) years, and no person - currently serving sentence in a penal or correctional institution shall be employed to perform any work on the project under this Contract . No person whose age or physical condition is such as to make his employment dangerous to his health or safety, or the health and safety of others, shall be employed to perform any work on this project ; provided , however, that such restriction shall not operate against the employment of physically handi- capped persons, otherwise employable, where each person may be safely assigned to work which they can ably perform. 14 . NON-DISCRIMINATION There shall be no discrimination because of race, creed or color in the employment of persons for work under this Contract , whether performed by the Contractor or any subcontractor. Neither shall the Contractor or any subcontractor discriminate in any manner against or intimidate any employee hired for the perform- ance of work under this Contract on account of race, creed or color. There may be deducted from the amount payable to the Con- tractor by the Town under this Contract a penalty of Five Dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of this paragraph; provided that for a second or any subsequent violation of the terms of this paragraph, this Con- tract may be canceled or terminated by the Town and all monies due or to become due hereunder may be forfeited. 15. PAYMENT O1' EMPLOYEES The Contractor and each of his subcontractors shall pay each of his employees engaged in work on this project under this Contract in full ( less deductions made mandatory by law) in cash and not less often than once each week. C-13 HCLZMACHER. MCLENDON&MURRELL,k. / H2M CORP. CONSULTING ENGINEERS AND FAVIRONMENTAL SCIENT SU CONTRACT - CONT'D 16. ESTIMATES AND PAYMENTS (a) Final Certificate: Thirty (30) days after the Contractor shall have substantially completed the work required of it under the Contractor the Engineer will prepare a final certificate of the re- maining amount of the Contract balance less a sum equal to two (2) times the value of any remaining items to be completed and less an amount necessary to satisfy any claims, liens or judgements against the items of work are satisfactorily completed or corrected, the Town shall promptly pay, upon receipt of a requisition for these items less an amount necessary to satisfy any claims, liens or judgements against the Contractor which have not been suitably discharged. Any claims, liens and judgements referred to in this seciton shall pertain to the project and shall be filed in accordance with the terms of the applicable Contract and/or applicable laws. (b) In order to secure the performance of the convenant of the Contractor, prior to release of the Performance Bond, the Contractor shall deliver to the Town a Maintenance Bond equal to one hunderd percent (100%) of the total Contract price, including all extras. This maintenance bond shall remain in the full force and effect for a period of one (1) year after the date of the final certificate and such bond, which shall be executed by the Contractor and issued by a reliable, solvent surety company authorized to do business in the State of New York shall guarantee to the Town that the Contractor shall promptly remedy any defects or faults that may occur within twelve (12) months after completion and acceptance of the work per- formed by the Contractor pursuant to this Contract. (c) The cost of the work performed under this Contract is. being reimbursed to the Town by New York State. Payment to this Contractor shall be made by the Town within five (5) calendar days after receipt by the Town of State reimbursement for the work. C-14 q HOLZMACHEA, M OUNDON A MIURRLLL, P.C. I H2M CORP, cok"n"a Ola u" mo a dviaNMa/TAL eeelUMm CONTRACT - CONT'D. K (d) Measurements for Payment : The Engineer shall make due measurement of the 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 the full measure of compensation to be received by the Contractor. When requested by the Contractor, the Engineer shall measure, re-measure or reg—estimate any portion of the work; but the expense of such re-measurement or re-estimating shall , unless material error be: proved, be paid for by the Contractor. 17. ACCEPTANCE OR MAL PAYMENT CONSTITUTES RI-J.LAST; The acceptance by the Contrsicti,r of the .final. payment shall be, and shall operate as a release to the Town from all claims and all li.ul)illties to the Contractor for all things done or furnished in connection with this work and for every act and neglect of the Town and other relating to, or arising out of, this work, excepting the Contractor's claims for intr.rest upon the final payment , if this payments 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. 18. CONSTRUCTION REPORTS The Contractor shall submit to the Engineer prior to the commencing of any work under this Contract a detailed schedule and plan of operation, indicating the manner in which the Contractor proposes to prosecute the work, and a time schedule therefore. 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 Contractor shall furnish the Engineer with periodic esti- mates 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 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 other than the Town as may be required by such existing laws or regulations. C-15 H HOLZMA►CHER,McLENOW i MURR" P.C. I 142M CORP. OON�NITIl10 V%*99" ANO fNV"MMOITAL 800IT M CONTRACT - CONT'D. 19. INSPECTION AND TESTS All material and workmanship shall be subject to inspection, examination and test by the Engineer and other representatives o1 the Town at any time during the construction and at any and all places where manufacturing of materials used and/or construct- tion is carried on. Without additional charge, the Contractor shall furnish promptly all reasonable facilities, labor and materials neces- sary to make tests so required safe and convenient . If, at any time, before final acceptance of the entire work, the Engineer considers necessary or advisable an examin- ation of any portion of the work already completed, by removing or tearing out the same, the Contractor shall , upon request , furnish promptly all necessary facilities, labor and materials for such examination. If such work is found to be defective in any material respect , due to the fault of the Contractor or any subcontractor, or if any work shall be covered over without the approval or consent of the Engineer, whether or not the same shall be defective, the Contractor shall be liable for the expenses of or such examination and of satisfactory reconstruction. If, however, such approval and consent shall have been given, and such work is found to meet the requirements of this Contract, the Contractor shall be recompensed for the expense of such examin- ation and reconstruction in the manner herein provided for the payment of costs of extra work. The selection of laboratories and/or agencies for the in- spection and tests of supplies, materials or equipment shall be subject to the approval of the Engineer. Satisfactory documen- tary evidence that the material has passed the required inspec- tion and test must be furnished the Engineer prior to the incor- poration of the material in the work. Any rejected work shall be removed from the site of the project completely at the expense of the Contractor. C-16 HOLZMACHER, MdENDON A MURNMA, P.C. I HZM CORP. coMw�nao o+oiNwu Aao wwea+Mo+r� �ciomsrs CONTRACT - CONT'D. 20. PLANS AND SPI.CIFICATIONS - 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 ill the Specifications or mentioned in the Specifications and not shown on the Plans shall have the same effect as if shown or mentioned respectively in both. In case of any conflict or inconsistency between the Plans and Specifications , the Plans shall govern. Any discrepancy between the figures and specifications shall be submitted to the Engineer, whose decision therein shall be conclusive. 21 . SUBSURFACE CONDITIONS FOJJND DIFFERENT Should the Contractor encounter subsurface conditions at the site materially differing from those shown on the Plans or indi- cated 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 , tie 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 . 22. CONTRACTOR'S TITLE TO MATERIALS No material or supplies for the work shall be purchased by the Contractor or by 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 ill the work. 23. SUPERINTENDENCE BY CONTRACTOR At the site of the work the Contractor shall employ a Con- struction Superintendent thContractor. Itrisan who understoodlthatesuchlauthority to act for t represen ttive 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. C-17 HMMACHN.MdMOON i WAR" F.C. I H2M C00- 00""TINO V W UM AND tNV e"MC AL Wipaw" CONTRACT - CONT'D. 24 . PROTECTION OF WORK. -PERSONS AND PROPERTY Precaution shall be exercised at all times for the proper " protection of all persons, property and work. The safety pro- visions 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 Town or i.ts Engineer to adequately safeguard the traveling public. The Contractor shall give notice to the owners of all utilities which may serve the area .and request their assistance in pre- determining the location and depth of the various pipes, conducts, manholes and other underground facilities. 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 Town 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 Town might be liable. The Contractor shall be liable for all injury or damage caused by his act or neglect, or that of his employees. 25. PATENT RIGHTS As part of his obligation hereunder and without any ad- ditional compensation, the Contractor will pay for any patent fees or royalties required in respect to the work or any part thereof and will fully indemnify the Town for any loss on account of any infringement of any patent rights , unless prior to his use in the work of a particular process or a product of a particular manufacturer, lie notifies the Town in writing that such process or product is an infringement of a patent. C-18 HOLZMACHER, Me:LENOON 6 MURR" P.C. / H2M CORN. CONieanM oroMUM AND ev+we"MatTAK Moer M CONTRACT - CONT'!). . 26, REPRESENTATIONS OF CONTRACTOR The Contractor represents and warrants : (a) That he is financially solvent and that he is experienced in and competent to perfrom the type of work involved under this Contract and able to furnish the plant materials , supplies and/or equipment to be furnished for lite work; and (b) that he is familiar with all Federal , State and Municipal Laws, ordinances and regulations which may in any way affect the work of those employed hereunder, including but not limited to any spacial acts relating to 'Lite work; and (c) that such work required by these Contract Documents as is to be done by him can be satisfactorily constructed and used for the purpose for which it is intended and that such construc- tion will not injure any person or damage any property; and (d) that he has carefully examined the Plans , Specifications , and the site of the work, and that from his own investigation lie has satisfied himself as to the nature and location of the work, the character, location, quality and quantity of surface and sub- surface materials , structures and utilities likely to be encountered, the character of equipment, and other facilities needed for the performance of the work, the general local oo nditions which may in any way affect the work or its performance. 27. AUTHORITY OF THE ENGINEER In the performance of the work, the Contractor shall abide by all orders and directions and requirements of the Engineer and shall perform all work to the satisfaction of the Engineer, at such time and places, by such methods, and in such manner and sequence as he may require. The Engineer shall determine the amount, quality, acceptability and fitness of all parts of the work, shall interpret the plans, specifications, contract documents and any extra work orders and shall decide all d her questions in connection with the work. Upon request, the Engineer shall confirm in writing any oral orders, directions, requirements or determinations. The enumeration herein or elsewhere in the contract documents of particular instances in which the opinion, judgment, discretion or determination of the Engineer shall control, or in which work shall be performed to his satisfaction or subject to his approval, or inspection, shall not imply that only matters similar to those enumerated shall be so governed and so performed, but without exception all the work shall be governed aniso performed. C-19 d HOLZMACHEA. MdMDON&MUM" P.C. I H2M CORP. CONSULTING 0I8I110908 AND CMVI gNMMTAL GCIENT M CONTRACT - CONT'D. 28. SURVEYS The Engineer will furnish to the Contractor all layouts , measurements and lines and grades necessary for the execution of the work. When and as requested, the Contractor will fur- nish the necessary stakes and spikes for laying out such lines and grades and the unskilled labor necessary to place same. 29. CHANGES AND ALTERATIONS The Town reserves the right to make alterations in the location, line, grade, plans , form or dimensions of the work, or any part thercuf, either before or after the commencement of the 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 . 30. CORRECTION OF WORK All work and all materials, whether incorporated into the work or not, all processes of manufacture and all methods of con- struction shall be, at all times and places, subject to the in- spection of the Engineer who shall be the final judge of quality, materials, processes of manufacture and- methods of construction suitable for the purpose for which they are used. Should they fail to meet his approval they shall be forthwith reconstructed, made good and replaced and/or corrected as the case may be, by the Contractor at his own expense. Rejected materials shall im- mediately be removed from the site. If, in the opinion of the Engineer, it is not desirable to replace any defective or damaged materials or to reconstruct or correct any portion of the work injured or not performed in accordance with the Contract Documents , the compensation to be paid to the Contractor hereunder shall be reduced by such amount as, in the 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, settlements, or shrinkages which may appear within one year following the date of the final certi- ficate. Neither the acceptance of the completed work nor C-20 IIOLZMACHEA,UdMOON i MURA" P.C. I H2M CORK MM UL"No era«wa AND INVOMMMOCTAL r OMM CONTRACT - CONT'D. payment therefor shall operate to release the Contractor or his sureties from any obligations under or upon this Contract or the Performance Bond. R 31 . WEATHER CONDITIONS In the event of temporary suspension of the 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 materials shall have been damaged or injured by reason of the 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. 32. THE TOWN'S RIGHT TO WITHHOLD PAYMENTS h The Town may withhold from the Contractor so much of any approved payments due him as may, in the judgment of the Town, be necessary: (a) To assure the payment of just claims then due and unpaid of any persons supplying labor or materials for the work; (b) To protect the Town from loss due to defec- tive work not remedied, or (c) To protect the Town from loss due to injury to persons or damage to the work or property of other contractors or subcontractors or others, caused by tie act or neglect of the Contractor or any of his subcontractors . The Town shall have the right, as agent for the Contractor, to apply any such amounts so withheld in such manner as the Town may deem proper to satisfy such claims or to secure ' such protection. Such application of such money shall be deemed payments for the account of the Contractor. C-21 HOLZMACHER, MCMWN i MURaEi.l. P.C. I H2M CORP. CONSULTING DWINUA4 ANO LNYIAONMDITAL SCIUMM CONTRACT - CONT 1). 33. THE TOWN 'S H l(1111' TO STOP WORK OR TERMINATE CONTRACT: 11." ( a ) The Contr:Ietor shall be adjudged bankrupt or make in assignment for the benefit of' creditors , or (b) A receiver or liquidator shall bo appe,inted for the Contractor for any of his property and shall nc,t be dismissed within 20 days atter such appointment , or the proceedings in connection therewith shall not be stayed on appeal within the said 20 days, or (c) The Celnl rarte)r shall. rel'ust! Or 1'ai l , after not ire ot, warning from the I;ng i neer, to Supply enough p 1•opor 1 y ski 1 l ed workmen or proper materials, or (d) The Con t:ract:or shall roruse or fail to prosecute the work or any part thereof with such diligence :Is will insure its completion within the period herein specit' ied (or any duly authorized extension thereof) or shall fail to complete the wurk within said period , or (e) The Cont raetor shall fail to make preempt payment to persons supplying labor or materials for the work , or ( f) The Contractor shall. fail or refuses to regard laws , ordinances, or the instructions of the Engineer or otherwise be guilty of a substantial violation of any provision of this Contract , then, and in any such event , they Town , without prejudice to any other rights or remedy it may have, may by seven (7) days notice to the Contractor, terminate the employ- ment of the Contractor and his rights to proceed either as to the entire work or (at the option of the Town) as to any portion thereof as to which delay shall have occurred, and may take possession of the work and complete the work by contract or otherwise, as they Town may deem expedient . In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. It 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 laid to the Contractor. C-22 HOLZMIACHER, M GUNWN&MURA" M.C. / H2M CORM. CONSULTINO UMMU u AND 9HviWNMa#rAL scives m CONTRACT - CONT'U. If such expense shall exceed the unpaid balance, the Contractor and his sureties shall be liable to the Town for such excess .. If the right of the Contractor to proceed with the work is 'so terminated, the Town may take possession of and utilize in completing the work such materials, appliances , supplies , plant and equipment as may be on the site of the work and necessary thereof. If the Town does not so terminate the right of the Contractor to proceed, the Contractor shall continue the work. 34. CONTRACTOR'S RIGHT TO STOP WORK OR TERMTNATE CONTRACT If the work shall be stopped by order of the Court or any other public authority, for a period of three months without act or fault of the Contractor or of any of his agents, servants , em- ployees or subcontractors, the Contractor : may, upon ten (10) days notice to . Lite Town, discontinue his performance of the work and/or terminate the Contract, in which event the liability of the Town to the Contractor shall be determined as provided in the paragraphs immediately preceding, except that the Contractor shall not be obligated to pay to the Town any excess of the expense of completing the work over the unpaid balance of the compensation to be paid to the Contractor hereunder. 35. RESPONSIBILITY OF WORK The Contractor agrees to be responsible for the entire work embraced in this Contract until its completion and final acceptance, and that any unfaithful or imperfect work that may become damaged from any cause, either by act of commission or omission to properly guard and protect the work that may be dis- covered at any time before. the completion and acceptance shall be removed and replaced by good and satisfactory work without any charge to the Town and that such removal and replacement will be performed immediately on the requirement of the Engineer, notwithstanding the fact that it may have been overlooked by the proper inspector, and partial payment made thereon. It is fully understood by the Contractor that the inspection of the work shall not relieve him of any obligation to do sound and reliable work as herein prescribed, and that any omission to disapprove of any work by the Engineer at or before the time of a partial payment or other estimate shall not be construed to be an acceptance of any defective work. C-23 HOLZMACHER, McLENOON 6 MURRELL. P.C. / HZM CORP. CONSULTING DOWNUM AND ENVIQONMLNTAL SCIETITIST11 CONTRACT - CUNT'1). 36. USES OF PREMISES AND REMOVAL OF DEBRIS The Contractor expressly undertakes at his own expense: (a) to take every precaution against injury to persons or damages to property ; (b) I'o store his apparatus, materials , supplies and equip- ment 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 ally of his subcontractors ; or other contractors ; (c) 10 I)lat!e 11101, any of the compleled work only sut•h super- imposed loads as are consistent with the safety of that portiolt of the work ; (d) 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 and orderly and workmanlike appearance ; (e) before final certificate, to remove all surplus material, temporary structures , plants of any description and debris of any and every nature resulting from his operations and to put the site in a neat and orderly condition. 37. POWER OF T11E CONTRACTOR TO ACT IN AN EMERGENCY In case of an emergency which threatens loss or injury to, property and/or safety to life, the Contractor will be permitted to act as he sees fit without previous instructions from the En- gineer. He shall notify the Engineer thereof immediately there- after and any compensation claimed by the Contractor due to extra work made necessary because of his acts in such emergency shall be submitted to tite 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, lie shall act as in- structed by the Engineer. The amount of reimbursement claimed by the Contractor on account of ally such action shall be determined in the manner provided herein for the payment of extra work. ilOL2MACHER, MaLENOW 6 MURREt.L, P.C. I H2M COR'. COM LTINO CHOW"AA AND LNWQOMIAMAL •CILWTIM CONTRACT - CONT'1). 38. SUITS AT LAW The Contractor shall indemnify and save: harmless the 'rowil from and against all suits , claims , demands or actions for any injury sustained or alleged to be sustained by any party or parties in connection with the construction of the work or any part thereof, or any commission or omission of the Contractor, his employees or agents or any subcontractors and in case any such action shall be brought against the Town, the Contractor shall immediately take care of and defend the same at his own cost, and expense. 3f). 13ROVISIONS 111%,quIRED BY LAW 1)L:INED INSI:RTI?1) 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 Lite Contract shall be read and enforced as though it were included herein, and, if through mistake or otherwise, any such provision is not inserted or is not correctly inserted, then upon the application of either party, the Contract shall forthwith be physically amended to make such insertion. 40. SUDLETTING, SUCCESSOR AND ASSIGNS The Contractor shall not sublet any part of the work under this Contract, nor assign any money due him hereunder without first obtain- ing the written consent of the Town. This Contract shall endure to the benefit of and shall be binding upon the parties hereunder and upon their respective successors and assigns, but neither party shall assign or transfer his interest herein in whole or in part without consent of the other. 41 , WAIVER OF IMMUNITY If any person, corporation, or body contracting with the Town, who when called before a grand ,jury, head of a city department , or other agency, which is empowered to compel the attendance of wit- ness and examine them under oath, to testify in an investigation concerning any transaction or contract had with the state, any polit- ical subdivision thereof, a public authority or with any public department, agency or official of the state or of any political sub- division thereof or of a public authority, refuses to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant question concerning such transaction or contract, then C-25 HOLZMACWA, MdOOON i MURMJA, r.C. / H2M e4onp. ODWVLTINO OIOINLSAS AND 40"WNMOITAL SCICNTIM CONTRACT - CONT'D. (a) such person, and any firm, partnership or corporal.ion of which lie is a member, partner, director or officer shall be disqual- ified from thereafter selling to or submitting bids to or receiving awards from or entering into any contracts Willi any municipal corp- oration or fire district , or any public department , agency or official thereof, for goods, work or services , for a period of five years after such refusal (b) any and all contracts made with the Town or any agency or official thereof, by such person, and by any firm, partnership, or corporation of which lie is a member, partner, director or officer may be cancelled or t.erminat.ed by the Town without incurring any penalty or damages on account o.l' such cancellation or termination, but any movies owing by the municipal cox•poration for goods delivered or work done prior to the cancellation or termination shall be paid. C-26 HOLZMACHER. MCLENDON d MURAELL. P.C. / N2M CORP. CONSUL"NO OIOINUAS AND WVIAONMOVAL GCIENtIS" CONTRACT - CONT'D. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. TOWN OF SOUTHOLD BY: (TOWN S CAL.) William R. Pell III , Supervisor (SEAL) Contractor BY: TITLE: STATE OF NEW YORK) ) ss: COUNTY OF SUFFOLK ) On the day of_ , 19__, before me personally came William R. Pell III , to me known, who being by me duly sworn, did depose and say that he is the duly elected Supervisor of the Town of Southold, County of Suffolk, New York, and that at a meeting of the Town Board of the Town of Southold, duly held on the day of 19 , the said Board, authorized the said Super- visor to execute all and any contracts on behalf of the Board; that he knows the seal of the said Town, that the Seal affixed to the foregoing instrument is its corporate seal ; that it was affixed thereto by order of the said Board, and that he signed his name thereto and executed the said instrument on behalf of the said Town by like order and authority. NOTARY PUBLIC C-27 HOL=MACHER, MCLENOON 8 MURR" P.C. I HZM CORP. CONSULTINO LNa1NUM AND 9MV1110NMOML SCI04TIEN CONTRACT - CONT'D. ACKNOWLEDGMENT OF CONTRACTOR , IF A CORPORATION STATE OF NEW YORK) ) SS: COUNTY OF ) On this day of 19 , before me personally came and appeared to me known, who by me being duly sworn, did depose and say that he resides at that lie is the of the Corporation described in and which executed the foregoing in- strument , that. he knows the seal of said corporation, that one of the seals affixed to said instrument is such seal , that it was so affixed by order of the Directors of said corporation, and that he signed his name thereto by like order. NOTARY PUBLIC ACKNOWLEDGMENT OF CONTRACTOR, IF_ A PARTNERSHIP STATE OF NEW YORK) SS: COUNTY OF ) On this day of 19 , before me personally came and appeared , to me known, and known to me to be one of the members of the firm of described in and who executed 'i the foregoing instrument, and lie acknowledged to me that he ex- ecuted the same as and for the act and deed of said form. NOTARY PUBLIC C-28 HOLZMACHER, McLENDON b MURRELL, P.C. / H2M CORP. CON3ULTINd ENGI14URA AND ENVIRONMENTAL SCIENTIM GENERAL CONDITIONS 1. GENERAL CONDITIONS M A. The "General Conditions" are hereby made a part of this Specification and are attached herein. B. Where any article of the "General Conditions" is supplemented hereby, the provisions of such article shall remain in effect. All the supplemental provisions shall be considered as added thereto. Where any such article is amended, voided or superseded thereby, the provi- sions of such article not so specifically amended, voided or super- seded shall remain in effect. Work, materials, plant, labor and other requirements of the Gen- eral Conditions shall be furnished by the Contractor. No direct pay- ment shall be made for these General Conditions, and payment shall be deemed to be included in the contract price or various items of the entire contract . r 2. CONTRACT DOCUMENTS The Contract Documents include, but are not limited to, the General Conditions, General Specifications, Detailed Specifications, Plans, Proposal Form, ConLract and other sections as either cited on the index pages or actually included in the bound documents. Each section of the Contract Documents is intended to be comple- mentary to the other sections. It is intended that they include all items of labor and materials, and everything required and necessary to complete the work, even though some items of work or materials may not be particularly men- tioned in every section or may have been inadvertently omitted from the Drawings or Specifications, or both. 3, APPROVAL OF SUBCONTRACTORS AND MATERIALS 6 1 Prior to commencing any work under this Contract, the Contractor shall submit to the Engineer, for approval, a list of all the sub- contractors and material suppliers he proposes to use for this Con- r tract . No subcontractor or material supplier will be permitted to de- liver materials or perform any work on this Contract until he has been approved by the Engineer in writing. GC-1 HOLZMACHER. M6LPNDON 6 MURRELL. P.C. / H2M CORP. CONSULTING ENGINEMS AND ENVIRONMENTAL SCIENTISTS GENERAL CONDITIONS (CONT'D.) 4. INTERPRETATION OF DRAWINGS„ ETC. A. In the event of discrepancies between the Drawings and the Specifications, the following order shall be given preference when making interpretations; 1. Addenda (later dates to take precedence over earlier dates) 2. Drawings (schedules or notes to take precedence over other data shown on Drawings) 3. Detailed Specifications 4. General Specifications 5. General Conditions B. On all plans, drawings, etc. , the figure dimensions shall govern in the case of discrepancy between the scales and figures. C. The Contractor shall take no advantage of any error or omission in the Plans, or of any discrepancy between the Plans and Specifications, and the Engineer shall make such corrections and interpretations as may be deemed necessary for the fulfillment of the intent of the Specifications and of the Plans as construed by him, and his decision shall be final. D. All work that may be called for in the Specifications and not shown on the Plans, or shown on the Plans and not called for in the Specifications, shall be furnished and executed by the Contractor as if designated by both. Should any w ,rk or material be required 6 which is not denoted in the Plans and Specifications, either directly 1 or indirectly, but which is, nevertheless, necessary for the proper carrying out of the intent thereof, it is understood and agreed that the same is implied and required, and that the Contractor shall per- form such work and furnish such materials as if they were completely delineated and described. 5. ADDITIONAL WORK - Additional work, if required to be performed under this Contract, will be in accordance with the applicable paragraphs of the Contract . The Engineer shall be the sole judge as to whether such work was in- tended as part of the Contract or is in addition thereto. GC-2 HOLZMACHER. MCLENDON 6 MURRELL. P.C. / H2M CORP. CONSWING ENQINURS ANO [NVIRONMCNTAI SC104TISTS GENERAL CONDITIONS (CONT'D. ) 6. OCCUPATIONAL SAFETY AND HEALTH ACT The Contractor shall meet all standards of the Occupational Safety and Health Act of 1970 and subsequent revision. This shall include, but not be limited to, the following areas : Sanitation, noise, radiation, gases, vapors, fumes, mists, dust, illumination, ventilation, protective equipment , fire protection, waste disposal, electrical hazards, scaffolds and ladders, floor holes and wall openings , and heavy equipment . All specific require- ments of the Act shall be adhered to. 7. SAFETY PROVISIONS The Contractor shall take every precaution and shall provide such equipment and facilities as are necessary or required for the safety of his employees. In case of an accident , first aid shall be administered to any who may be injured in the progress of the work. In addition, the Contractor shall also be prepared for the removal, to the hospital for treatment , of any employee either seriously in- jured or ill. 8. SANITARY REGULATIONS A. In addition to compliance with the Occupational Safety and Health Act, the Contractor shall erect and maintain necessary sani- tary conveniences for the use of employees on the work. Such con- veniences shall be properly secluded from observation, and their use shall be strictly enforced. Such sanitary conveniences shall be constructed in compliance with all laws, ordinances or regulations governing these facilities. The contents of the same shall be re- moved, with sufficient frequency to prevent nuisance, and disposed of to the satisfaction of the Engineer. B. The Contractor shall obey and enforce such other sanitary 6 regulations and orders and shall take such precautions against in- t fectious diseases as may be deemed necessary. In case any infectious diseases occur among his employees, he shall arrange for the immediate removal of the patient from the work and his isolation from all per- sons connected with the work. C. The building of shanties or other structures for housing the men, tools, machinery or supplies will be permitted only at approved places, and the sanitary condition of the grounds in and at such shanties or other structures must , at all times, be maintained in a satisfactory manner. GC-3 HOLZMACHER, McLENCON 6 MURRELL. P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTIST'S GENERAL CONDITIONS (CONT'D. ) 9. RESPONSIBILITY OF ENGINEER AND CONTRACTOR DURING CONSTRUCTION A. The Engineer is responsible solely for the general and/or detailed inspection of the work being performed. Such inspection will be periodic and strictly to assure conformance of the Contractor with the Plans and Specifications, such that the end product will conform to the Plans and Specifications. B. The Contractor is responsible for complete conformance to the Plans and Specifications, proper construction procedures; co- ordination with subcontractors, other contractors and utilities, and safe working conditions for his employees. 10. LABOR A. All contractors and subcontractors employed upon the work shall and will be required to conform to the Labor Laws of the State of New York and the various acts amendatory and supplementary there- to; and to all other laws, ordinances and legal requirements applicable thereto. B. All labor shall be performed in the best and most workman- like 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. 11. CONTRACTOR' S REPRESENTATIVE The Contractor, in case of his absence from the work, shall have a competent representative or foreman present, who shall follow with- out delay all instructions of the Engineer or his assistants in the prosecution and completion of the work, in conformity with this Con- tract , and shall have full authority to supply Labor and material immediately. The Contractor shall also have a competent representa- tive available to receive telephone messages and provide a reasonable 6 reply as soon as possible, but not later than twenty-four (24) hours. 1 GC-4 HOIZMACHER, M"NDON`MURREU, P.C. / H2M CORP. CONSUL"No EMINUU ANO [NVIQONMV AL SCIENTIST' GENERAL CONDITIONS (CONT'D.) 12. INCOMPETENT EMPLOYEES . The Contractor shall employ only competent, skilled and faithful men to do the work. Upon request of the Engineer in writing, the Con- tractor shall suspend or discharge from the work any disobedient, dis- orderly or incompetent person or persons employed thereon, and will not again employ any person so suspended or discharged without the consent of the Engineer. This requirement shall not be made on the basis of any claim for compensation or damages against the Town or any of its officers or agents. 13. CLAIMS OR PROTESTS If the Contractor considers any work required of him to be out- side the requirements of the Contract, or considers any record or ruling of the Engineers or Inspectors as unfair, he shall ask for written instructions or decisions immediately, and then file a writ- ten protest with the Town against the same within five (5) days thereafter, or be considered as having accepted the record or ruling. 14. NOTIFICATION INTERFERENCE AND INJURY TO UTILITIES A. The Contractor shall cooperate in every way with the Utility Companies. B. The Utility Companies shall be notified in accordance with Section 1918 of the Penal Law of the State of New York, entitled "Construction or Blasting near Pipes Conveying Combustible Gas$" and with Article 209 Section 322-a of the New York State General Business Law. 6 C. All conduits, water mains and gas mains encountered in the 1 construction shall be properly and safely taken care of by the Con- tractor, who shall, upon encountering same, notify the public corpora- tion to whom they belong, in order that they may be changed in such a manner as not to interfere with the final construction. D. In case any damage shall result to any service pipe for water or gas, or any private or public sewer or conduit by reason of negli- gence on the part of the Contractor, he shall, without delay and at his own expense, repair the same to the satisfaction of the Engineer, and in case such repairs are not made promptly or satisfactorily, the Town may have the repairs made by another Contractor or otherwise, and deduct the cost of same from any monies due or to become due the Con- tractor. GC-5 HOLZMACHER, MdMOON 8 WAR" P.C. / HZM CORP. OONiuLnwa v400s ERi AND ENVIIIONMENTAL KIENTIin GENERAL CONDITIONS (CONT'D.) 15. INFRINGEMENT OF PATENTS The Contractor further agrees to hold himself responsible for any • claims made against the District for any infringement of patents by the use of patented articles in any one phase of construction of the work and the completion of same, or any process connected with the work agreed to be performed under this Contract, or of any materials used upon the said work and to save harmless and indemnify the Town from all costs, expenses and damages which the Town shall be -obliged to pay by reason of any infringement of patents used in the construc- tion and completion of the work. 16. DAMAGES All damage, direct or indirect, of whatever nature resulting from either the performance of, or resulting to the work under, this Con- tract during its progress from whatever cause, shall be borne and sus- tained by the Contractor, and all work shall be solely at his risk until the date of the final certificate. 17. GUARANTEE WARRANTY This Contractor shall guarantee and warrant his work and that of his subcontractors against defects in workmanship and/or material for a period of one (1) year from the date of final certificate by the Engineer except as otherwise specified. Upon written notification from the Engineer, the Contractor shall repair, replace or reconstruct such defects to the satisfaction of the Engineer at no cost to the Town. 18. STANDARDIZATION The DETAILED and General Specifications indicate specific manu- facturers and/or catalog numbers, etc. , for the purpose of standardiza- tion within the Town in order to minimize stockpiling of replacement parts. 19. DEFINITIONS 1 The words "or approved equal" as hereinafter used shall refer to the use of an equal product that has received prior approval by the Consulting Engineer for the Town. The word "Engineer" refers to HOLZMACHER, McLENDON & MURRELL, P.C. , Consulting Engineer for the Town of Southold. GC-6 HOLZMACHER, McLENOON 6 MURRELL. P.C. / HZM CORP. CONlulnNa 0#010JURS AND ENVIIIONMENTAI 9CIENTIM - GENERAL CONDITIONS CONT'D. ) 20. CLAIMS ARISING FROM DELAY This Contractor shall not hold the Town, the Engineer or their officers, agents and employees responsible for any liability, claims, losses or damage arising out of the failure to perform, delay, or poor workmanship by another Contractor. Any claim by this Contractor arising out of the failure to perform, delay, or poor workmanship by any other contractor shall be filed against said other contractor which has failed to perform, caused a delay or utilized poor workmanship. GC-7 HOLZMACHER, McLENOON i MURRELL,P.C.I H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS GENERAL SPECIFICATIONS THE ITEMS HEREIN REFERRED TO ARE THE ITEMS OF THE SUFFOLK COUNTY DEPARTMENT OF PUBLIC WORKS SPECIFICA— TIONS ADOPTED NOVEMBER 1 , 1968 AS AMENDED. THESE SPECIFICATIONS SHALL BE INCORPORATED BY REFERENCE AND SHALL APPLY AS IF DETAILED IN FULL, UNLESS HEREIN MODIFIED. GS-1 HOLZMACHER,McLENDON&MURRELL, P.C.I H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS GENERAL SPECIFICATIONS GENERAL REQUIREMENTS The successful Bidder shall furnish and deliver to the project site asphaltic concrete of an approved quality which shall meet the require- ments shown under its respective item for the kind of material furnished. For any item, the material furnished shall show uniform test . QUANTITIES OF BITUMINOUS MATERIALS The Contractor must furnish to the Engineer a certified copy of the weights of the asphaltic concrete materials as they are delivered. A separate certified ticket from the plant will be required for each individual truck load of material indicating the material type, and amount measured in TONS. MATERIALS The materials shall be in accordance with the material's details for the respective items in the Suffolk County Department of Public Works ' Specifications, except as modified in the Technical Specifications of this Contract . DELIVERY All materials shall be deliverable upon a minimum advance notice of 48 hours. Deliveries shall be made on week days (Monday thru Friday) between the hours of 7:00 AM and 5:00 PM prevailing time, as ordered. Delivery shall be continuous throughout the daily paving operation at the project site. COORDINATION Materials shall be delivered when and as directed by and to the approval of the Engineer; deliveries shall be carefully coordinated with the work being done by others on the project site. The work under this Contract shall be intimately coordinated with the work of the Contractor which is placing the asphatlic concrete pave- ments at the project site. This Contractor shall deliver the specified materials in accordance with the paving schedule, which shall be furnishe by the Contractor which is placing the materials , no less than 48 hours before paving is to commence. GS-2 HOLZMACHER, McLENDON A MURRELL, P.C.I H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS GENERAL SPECIFICATIONS (CONT-D. ) COORDINATION (CONT'D) • It is the intent of this Contract to insure a continuous, high quality paving operation , and to minimize lay-over of loaded vehicles at the job site. Asphalt concrete which arrives at the job site ahead of schedule, and cannot be laid prior to cooling below adequate temperature, shall be removed and disposed of at this Contractor's expense. This Contractor shall be solely responsible for damages incurred to himself or others if he is unable to furnish and deliver the specified materials within reasonable conformance with the paving schedule. UNLOADING OF MATERIALS All asphaltic concrete materials will be unloaded directly into the Paving Contractor's paving machine. No materials will be stockpiled, for whatever reason. This Contractor will be responsible for holding the asphalt concrete material in his delivery vehicles for a reasonable period of time, if the paver becomes temporarily backlogged. This Contractor will maneuver his delivery vehicles as required to deposit the asphalt concrete materials into the Paving Contractor's • self propelled machine, fully facilitating the Paving Contractor's operation. This Contractor shall intimately coordinate his dumping and maneuvering so as to optimize pavement quality and expedite installation. MEASUREMENT AND PAYMENT The unit prices bid shall be full compensation for manufacturing, furnishing, and delivering to the project site the specified asphalt concrete pavement materials, and shall also include materials, labor, equipment, and incidentals necessary to complete the work satisfactorily. APPROVALS Prior to executing agreements with any subcontractors and/or suppliers, the Contractor shall submit the name(s) of the subcontractors and/or material suppliers to the Engineer for written approval . GS-3 HOLZMACHER. Md.ENDON&MURRELL, P.C. / H2M CORP. CONSULTING ENWNUM AND ENVIRONMENTAL SCIENTIS" e '1 1 TECHNICAL SPECIFICATIONS J r HOLZMACHER,McLENDON&MURRELL,P.C.I H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS ITEM 51—F- 1A TOP 1.0 SCOPE 0A Under this Item, the Contractor shall furnish and deliver type lA top asphalt concrete to New Suffolk Avenue and certain intersecting side streets, generally between Camp Mineola Road and Meadow Lane, as directed by and to the approval of the Engineer. 1.1 MATERIALS The material shall be TOP course asphalt concrete type 1A, meeting all of the requirements for 1A top asphalt as specified under"Item 51-F, Asphalt Concrete Type 1A, Two Courses; of the Suffolk County Department of Public Works' Specifications of November 1, 1968, as Amended. This material shall be the top course of the two-course surface specified as Item 51-F: The plant at which the materials are manufactured, as well as the method of manufacturing, including preparation of aggregates, quality of aggregates , heating, batching, mixing, quality of bituminous material , ' and adherence to job mix formula, shall be in strict conformance with Part II , Section 8 of the Suffolk County Department of Public Works' Specifications of November 1, 1968 , as amended. The material shall 8e supplied to the project site at a temperature which is no less than 25 F above the minimum paving temperature as specified in Part II , Section 8 of the Suffolk County Department of Public Works' Specifications of November 1 , 1968, as amended. 1.2 METHOD OF MEASUREMENT The quantity to be paid for under this Item shall be the number of tons of material which are delivered in accordance with this specification, the paving schedule as established by the Paving Contractor, and the orders of the Engineer. No payment will be made by the Town for material which is not utilized for pavement construction on this project . The quantity shall be measured using the certified weight of each load supplied to the Paving Contractor on the project . Where only a fraction of a load is placed, the Engineer will determine what fraction of the load was utilized, and adjust the certified weight accordingly. h y' TS-1 HOLZMACHER,McLENDON&MURRELL,P.C.I H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS ITEM 51-F, 1A TOP (CONT'D. ) 1.3 BASIS OF PAYMENT The unit price per ton for this item shall include the cost of furnishing all labor, materials amd equipment necessary to complete the work including bitumen , Wgregate , mixing, transport , and delivery. i TS-2 HOLZMACHER,MCLENDON&MURRELL,P.C.I H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS ITEM 51-F, BINDER 2.0 SCOPE Under this item the Contractor shall furnish and deliver binder type asphalt concrete to New Suffolk Avenue and certain intersecting side streets, generally between Camp Mineo-la Road amd Meadow .Lane, as directed by and to the approval of the Engineer. 2.1 MATERIALS The material shall be binder course asphalt concrete meeting all of the requirements for asphalt concrete as specified under"Item 51-F, Asphalt Concrete Type 1A, Two Courses" , of the Suffolk County Department of Public Works' Specifications of November 1, 1968, as amended. This material shall be the bottom course of the two-course surface specified as Item 51-F. The plant at which the materials are manufactured, as well as the method of manufacture, including preparation of aggregates, quality of aggregates, heating, batching, mixing, quality of bituminous material , and adherence to job mix formula, shall be in strict conformance with Part II, Section 8 of the Suffolk County Department of Public Works' Specifications of November 1, 1981, as amended. r The material shall bg supplied to the project site at a temperature which is no less than 25 F above the minimum paving temperature as specified in Part II, Section 8 of the Suffolk County Department of Public Works'Specifications of November 1, 1968, as amended. 2.2 METHOD OF MEASUREMENT The quantity to be paid for under this item shall be the number of tons of material which is delivered in accordance with this specification. the paving schedule as established by the Paving Contractor, and the orders of the Engineer. No payment will be made by the Town for material which is not utilized for pavenent construction on this project . The quantity shall be measured using the certified weight of each load supplied to the Paving Contractor on the project . Where only a fraction of the loadAs placed, the Engineer will determine what fraction of the load was utilized and adjust the certified weiaht . accordingly. 2. 3 :.BASIS OF PAYMENT r The unit price bid per ton for this item shall include the cost of furnishing all labor, materials, and equipment necessary to complete the work, including, bitumen, Eggregate, mixing, transport , and delivery. TS-3 HOLZMACHER,McLENDON&MURRELL,P.C.I H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS ITEM 51-Y, SHOULDER ASPHALT 3.0 SCOPE , ? Under this Item the Contractor shall furnish and deliver Shoulder Typ Asphalt Concrete to New Suffolk Avenue and certain intersecting side streets, generally between Camp Mineola Road and Meadow Lane, as directed and to the approval of the Engineer. 3.1 MATERIALS The material shall be shoulder course asphalt concrete meeting all of the requirements for shoulder asphalt as specified under "Item 51-Y- Asphalt Concrete for Shoulders" , of the Suffolk County Department of Public Works' Specifications of November 1, 1968, as amended. The plant at which the materials are manufactured, as well as the method of manufacture, including preparation of aggregates, quality of Wgregate, heating, batching, mixing, quality of bituminous material, and adherence to job mix formula, shall be in strict conformance with Part II , Section 8 of the Suffolk County Department of Public Works'Specifications of November 1, 1968, as amended. The material shall 8e supplied to the project site at a temperature which is no less than 25 F above the minimum paving temperature as specified in Part II., Section 8 of the Suffolk County Department of Public Works' Specifications of November 1, 1968, as amended. 3.2 METHOD OF MEASUREMENT The quantity to be paid for under this item shall be the number of tons of material which are delivered in accordance with this specificatio , the paving schedule as established by the Paving Contractor, and the orders of the Engineer. No payment will be made by the Town for material which is not utilized for pavement construction on this project . The quantity shall be measured using the certified weight of each load supplied to the Paving Contractor on the project . Where only a fraction of a load is placed, the Engineer will determine what fraction of the load was utilized, and adjust the certified weight accordingly. 3.3 BASIS OFIPAYMENT The unit price bid per ton for this item shall include the cost of q furnishing all labor, materials and equipment necessary to complete the x work, including bitumen, aggregate, mixing, transport , and delivery. 1 TS-4 HOLZMACHER. MCLENDON&MURR" P.C. / HZM CORP. CONSUI.TINO ENGINEERS AND UMM MAMENTAL SCIENTISTS LOCATION MAP SOUTHOLD TOWN HALL ' it ` ' •Mtt�t, 00 :f 4' NEWFFOL AVE .:.• =� \ PROJECT'r� LOCATION oil •� r t° LM-1 - . . � ± x. • : \+2 /�\» - � - ��.� zwi HOLZMACHER,McLENDON and MURRELL,P.C. \ Consulting Engineers. Environmental Scientists and Planners :U2)qM*IvIII*,N.Y. Farmingdale,N.Y. Rv mead. Y. \ r TOWN OF SOUTHOLD SUFFOLK COUNTY NEW YORK Y CONTRACT AND SPECIFICATIONS a FOR . • FURNISHING AND DELIVERING BINDER, TOP, AND SHOULDER COURSE ASPHALT CONCRETE - k TO NEW SUFFOLK AVENUE sr� PROJECT NO. SORT 81-06-A "KV y TOWN BOARD Supervisor William R. Pell III j e� �t Councilmen d> Henry W. Drum Francis T. Murphy Larry W. Murdock John J. Nickles Justice Francis T. Doyen SUPT. OF HIGHWAYS TOWN CLERK Raymond C. Dean Judith T. Terry SEPTEMEER 1981 HOLZMACHER,McLENDON andMURRELL,P.C. Consulting Engineers. Environmental Scientists and Planners I.AMelville,N.Y. Farmingdale.N.Y. Riverhead.N.Y. HOLZMACHER,MCMDON b MURR"P.C. / H2M CORP. CMULTIN0 EH81"U" AND Ow"Mm" =am$" V NDEX TOWN OF SOUTHOLD FURNISHING AND DELIVERING BINDER, TOP, AND SHOULDER COURSE ASPHALT CONCRETE TO NEW 'SUFFOLK AVENUE PAGE Index I - 1 page Notice to Bidders NB - 1 page Information for Bidders IB - 12 pages Proposal P-A thru P-D Indemnity, Limitation of Liability ILL - 1 page Contract C - 28 pages General Conditions GC - 7 pages General Specifications GS - 3 pages Technical Specifications TS - 4 pages Location Map LM - 1 page w w I - 1 HOLZMACHER,McLENDON A MURRELL,P.C.I H2M CORP. CONSULTING ENGINEERS ANO ENVIRONMENTAL SCIENTISTS NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN that SEALED BIDS will be received by the Town Clerk of the, Town_of Southold at the Town Hall, Main Road, Southold, New York, until 10:00 A.M. '* prevailing time, on Thursday, Sept. 24, 1981, at which time and place they will be publicly opened and read for the following contract: FURNISHING AND DELIVERING BINDER, TOP, AND SHOULDER COURSE ASPHALT CONCRETE TO NEW SUFFOLK AVENUE The above item must conform to the Specifications of the Suffolk County Department of Public Works for Item 51-F - Asphalt Type IA (Two- Courses)_ and Item 51Y - Asphalt Concrete for Shoulders. Specifications may be obtained on or after Sept. 17, 1981 at the Town Hall and offices of the Consulting Engineers, HOLZMACHER, McLENDON & MURRELL, P.C. , 209 West Main Street, Riverhead, New York, 11901, and 125 Baylis Road, Melville, New York, 11747 , upon deposit of twenty-five • dollars ($25.00) for each set furnished. Deposits for Specifications will be refunded to bidders who return Specifications within ten (10) days in good condition; other deposits will either be partially or not refunded if the Specifications have not been returned in good condition within thirty (30) days after bids have been opened. Each Proposal must be accompanied by a certified check or bid bond in the amount of five percent (5%) of the total bid, made payable to William R. Pell, III, Supervisor, Town of Southold, as set forth in the Information to Bidders. The Town reserves the right to reject any or all bids, to waive any informalities and to accept such alternate bid which, in the opinion of the Town Board, will be in the best interests of the Town. BY ORDER OF THE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK } JUDITH T. TERRY, TOWN CLERK TOWN OF SOUTHOLD SOUTHOLD, NEW YORK 11971 DATED: SEPTEMBER 8, 1981 NB-1 HOUMACHER. MdENOON 6 MURRE,II„ P.C. I H2M CORP. W NSULTING wal"U" ANO 9XV1110NMa"AL Wady$11" INFORMATION FOR BIDDERS BIDS FOR PROJECT The Town of Southold will receive SEALED PROPOSALS for Furnishing and Delivering Binder, Top, and Shoulder Course Asphalt Concrete to New Suffolk Avenue, Town of Southold, County of Suffolk, New York. TIME AND PLACE OF BID Bids are to be submitted in opaque envelopes and will be received by the Town of Sou thold_ at the Town Hall, Main Road, Southold, New York, not later than 10:00 A.M.,Prevailing Time, Thursday, Sept. 24, 1981 , at which time and place they will be publicly opened and read aloud. Use of the mails shall be at the Bidder 's own risk, and the Bidder shall be responsible for physical delivery of the Bid at the time and place set for opening of Bids. BID ENVELOPE All proposals and either the certified check or bid bond must be placed in a sealed envelope bearing the Bidder's firm name and address marked, "Project No. SOHT 81-06-A Proposal for Furnishing and Delivering Binder, Top, and Shoulder Course Asphalt Concrete to New Suffolk Avenue, Town of Southold, County of Suffolk, New York" , but otherwise unmarked. If mailed, this envelopeshall be placed in another envelope addressed to Town Clerk, Judith T. Terry, Town of Southold, Town Hall , Main Road, Southold, New York 11971. Use of the mails is at the Bidder' s risk. IB-1 HOL=MACHEA,MCLENOON A WMAELL. P.C. / H2M COAT. Caft"TING W4#01"" AND 6"W"MQ1TAt GM04TIST1 INFORMATION FOR fiIDDERS (CONTD. ) ZP_ECT PT CATION DEPOSITS (a) Deposits for specifications will be completely refunded to Bidders who return same in good condition within ton ( 10) days after r.-ceipt of bids. Bidders will receive one-half of the deposit amount tur specfications returned after ten (10) days and before thirty (30) days following the bid date. (b) Deposits for specifications will be completely refunded to non-bidders who return same in good condition within 48 hours of receipt of said specifications. Non-bidders will receive one--half the deposit amount for specifications returned in good condition tica- s will be0refundedotoonon-biddersthe bidafterdate�teno(10) odaysdepsitffollo or sec tiononswingithe bid date. IB-2 HOLZMACHER,McLENDON A MURRELL,P,C. 1 H2M CORP. CONSWING ENGINEERS AND ENVIRONMEN1Al SGIENI W IS r INFORMATION FOR BIDDERS (CONT-D. ) M SPECIFICATIONS Complete sets of specifications for the inspection of prospective bidders will be found on file with the Town Clerk, Town of Southold, Town Hall, Main Road, Southold, New York, and at the office of Holz- macher, McLendon 6 Murrell, P.C. , Consulting Engineers, 209 West Main Street, Riverhead, New York, or 125 Baylis Road, Melville, New York. All contractors must leave their names, phone numbers and correct mailing addresses upon receipt of the specifications. VERBAL ANSWERS The Town, its agents, servants or employees, or the Engineer, will not be responsible in any manner for verbal answers to any in- quiries regarding the meaning of the contract specifications given prior to the awarding of the contract. EXAMINATION OF SITE Bidders must satisfy themselves by personal examination of the location of the proposed work and of the actual conditions and require- ments of the work, and shall not, at any time after the submission of a proposal, dispute or complain of such estimate or assert there was any misunderstanding in regard to the scope of the work. PROPOSAL The Form of Proposal contained herein shall be used in making out bids. Any proposal not in accordance with these instructions, or con- taining bids not asked for, may be rejected. IB-3 HOLZMACHEA, MCLENOON i WAR" P.C. / H2M COW CM""NO DOM M AND 9MVIMMMORAL MMUM rs I NFORMA'f 1 ON FOR 1111MUMS (CONT-1). ) As the estimates of quantities of items stated in the 1)r0110sal are approximate only, bidders are required to submit their 1►r0110sal upon and in the following express conditions , which shall 1110Y and become a part of every proposal received . Bach hidder shall fill out , in ink , in hoth words and figures , ill the spaces provided , his unit or Jump suns bid , as tl)e else 111ay he , for each item in said Dorm of 1)roposal for wb i. h he is suhm i,t t i ng a bid. No bid will he considered whichdoes not include bids for all iten►s in—t F) aa eii�o) s * ' —�—�� If the contract is not executed by the 'i'own within forty- five (45) days after the receipt of bids , the obiidation of the bidder under this proposal may terminate at his option and he shall there- upon he entitled to a refund of his certified check or release of his bid bond furnished by him as security with his proposal . oil) BOND 1 nR CURT I F I R) CIIpCK Bach proposal from a contractor shall be accompanied by a bid bond or certified check on a solvent hank of the States of IJew York , in tile amount of five percent (5%) of the total bid . Such check shall be made payable to William R. Pell III , Supervisor, Town of Southold, New York, and the amount thereof shall be the measure of liquidated damages which the Town will sustain by the failure, neglect or refusal of the bidder to execute and deliver the contract , should the contract be awarded to him. 'file checks of all unsuccessful bidders will be returned upon the rejection of bids and the execution of the contract by the parties ; also, the check of the successful bidder will be returned upon the execution of the contract and the furnishing of the r`duired bond. . NAME Of BIDDER Tach bidder must state in his proposal , his full name and busi - ness address , and the full name of every person, firm or corl)oration interested in the same , and the address of every person or firm or president and secretary of every corporation interested with him. If I13-4 NotswcNM.MCIDI SON&WMA" P.C. i amt CORP. CON/NLWAN N101N"Ai ANO IMV~CWAL DC'Un'M INFORMATION FAR BIDDER (CONT 'D. ) Ito other person be so interested , lie mint distinctly state that tact , also that his proposal is made without any connection directly or in- directly with any other bidder for the work p.erticularly mentioned in his proposal ; that it is in all respects without frau) or �ullu:, iun, and that no person acting for or employed by the Town is directly or indirectly interested therein, or in the supplies of work to which it relates , or in any portion of the prospective profits thereof. _QUAL I'M.AT I ONS OF BIDDERS (l ) The Town reserves the right to waive any informalities in, or reject any and atl bids . The Town reserves the right to re- ject any and all bids which .lo not conform to the proposals , or upon which the bidders Jo not comply with tine requirewents of the Town as to their qualifications . (2) All bidders must prove to the s.1tisfact. ion of the Town that they are reputable, reliable and responsihie, and that they pos- cess the necessary qualifications to successFrllly deliver the proposeJ equipment , and that they have performed and completed successfully similar work to an extent which , in the opinion of the Town , will qualify them by experience to perform the work which is proposed. (3) In determining the qualifications of a bidder, the Town will consider his record in the performance of any contracts entered into by him for the work contemplated or of ' similar nature.may make such investigation as it deems necessary to determine the ability of the bldJor to perform the work, and the bidder shall furnish to the Town all such information and data for this purpose as the Town may request. (4) The Town shall be the sole judge of the qualifications of the bidders and of tine merits thereof and reserves tine; right to reject any bid if tine record of the bidder in the performance of contracts . payment of bills and meeting of obligations to subcontractors, material - men or employees is not satisfactory to the Town , or if tine evidence submitted by or the investigation of such bidders fails to satisfy the Town that he is properly qualified to carry nut the obligations of the contract and to complete tine work contemplated therein. 'dUARANTEE BOND The successful bidder shall be required to i'ul•nisll at. the execu- tion of the contract an executed bond of a surety company authorized IB-S HOLZMACHEN.MCLENOW&MUNNELL. !•.C. I HZM CORN. ooNaKma OWN"PA "D g"V#W UU"AL WWI$" INFORMATION FOR BIDDER (CONT. I)) to do business in the State of Now York and approved by the 'I'u►.n in an amount equal to one bund red, p`rcent ( 100" ) U1, the tura l o f -1►nu►►n t the contract , guaranteeing to the Town the faitIII"'I perfor111"Il" of the cuntract , -1u41 payuturnt of all claims for malcriuls , labur and wages in connection thcrOwith . SIGNATURE* OF CONTRACTOR The bidder to whom a contract ntay be -114,11.11 ti shall 'It tend at the office of the 'fawn, with the sureties Offered by him, witl► in Seven (7) days , Sunday .excepted , after the date; of uut i ficati��n by to-1i 1 r the acceptance of his proposal , -11141 t1101-0 s i gil t l►e contract i n quadupli Cute for the work :tad furnisli approved security I'or its prrl'urm-111c" In case of failure to do so, the bidticr ~hull be consi .lered as having abandoned the same, and the check accompanying his proposal sh-111 be forfeited to the Town, or the penalty of the bid, "I'd shall be invoked. CONTRACTOR'S INSURANCI: • The contractor shall not commence any work iintil he has obtained and had approved by the 'rown. all of the insurance specified, and, required in the contract . WAIVER OF IMMIINITY Attention of the bidder is hereby directed to the requirements of tite General Municipal Law of tite State of New York andparticular to Section s3nof tGeneral Municipal JIVulv er of Immy . sidicated on Page C20 ofthe contract. It1iSPONSINII.ITY I.-Oft BI111ER Attention is hereby particularly directed to tile provisions rov sionsny lof the contract whereby the contractor will be 1 �.a1 o the material or any part thereof during or damage that may happen t its delivery; and also whereby the contractor shall make good any • defects or faults due to materials or workmanship within twelve (l2) months after its delivery, and acceptance. 111-6 moumm"0 IiMeUMM i MURR" P.C. / HZM OW. co�u1,T1No wolimgm MO gWjWftMwtIK ruomm INFORMATION FOR BIDDERS (CONT'D. ) In order to secure the performance of the covenant of the von- tractor, the `Down shall retain the Guarantee lJond during the period of one (1) year from the date of the Engineer ' s final certificate- Work is requUb�da tial accordancecompleted twii het.hatypfcifi�at�on5liO Engineer and ifl hereunto annexed. TOWN op SOUTHOLD SUFFOLK CUUN'rY, NEW YORK IB-7 State of New York Bureau of Public Work Department of Labor A State Office Building Campus Albany, N.Y. 12240 xxcgsYot� d CONTRACT REQUIREMENTS Each public work contract to which the State,a public benefit corporation,a municipal corporation or a commission is a party and which may involve the employment of laborers,workmen or mechanics,shall comply with the requirements of Article 8 of the New York State Labor Law: 1. 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 the contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week except in the extraordinary emergencies set forth in the Labor Law or where a dispensation is granted by the Industrial Commissioner. (See Section 220.2) 2. Each laborer, workman or mechanic employed by the contractor or subcontractor shall be paid not less than the prevailing rate of wages at the time the work is performed,and shall be paid or provided not less than the prevailing supplements at the time the work is performed, as determined by the fiscal officer. If the prevailing rate of wages or the prevailing supplements change after the prevailing rate schedule is issued,each workman,laborer or mechanic shall be paid or provided not less than the new rates. (See Section 220.3) _ 3. The contractor and every subcontractor shall post in a prominent and accessible place at the work site a statement of the current wage rates and supplements specified by the contract for the various classes of mechanics,workmen or laborers. (See Section 220.3-a) 4. Apprentices must be registered,individually,under a bona fide program registered with the New York State Department of Labor. The allowable ratio of apprentices to journeymen in any craft classifica- tion shall not be greater than the ratio permitted to the contractor as to his work force on any job under the registered program. Any employee who is not registered as above, shall be paid the pre- vailing wage rate for die classification of work he actually performed. The contractor or subcontrac- tor will be required to furnish written evidence of the registration of his program and apprentices as well as of the appropriate ratios and wage rates for the area of construction, prior to using any apprentices on the contract work. (See Section 220.3-e) 5. (a) No contractor, subcontractor, nor any person acting on his behalf,shall by reason of race,creed, color, sex or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates.(See Section 220-e (a) ) (b) No contractor, subcontractor, nor any person acting on his behalf shall,in any manner,discrimi- nate against or intimidate any employee on account of race,creed,color,sex or national origin. (See Section 220-e (b) ) NOTE: The Human Rights Law also prohibits discrimination in employment because of age,disability or marital status. (c) There may be deducted from the amount payable to the contractor under the contract a penalty of five dollars for each calendar day during which such person was discriminated against or intim- idated in violation of the provisions of the contract. (See Section 220-e(c) ) (d) The contract may be cancelled or terminated by the State or municipality,and all moneys due or to become due thereunder may be forfeited, for a second or any subsequent violation of the terms or condition of the anti-discrimination sections of the contract. (See Section 220-e (d) ) (e) These provisions shall be limited to'operations performed within the State of New York. (See Section 220-e(e) ) PW-3(5.80) 113-8 STATE OF NEN YORK DEPARTMENT OF LABOR BUREAU OF PUBLIC WORK STATE OFFICE BUILDING CAMPUS ALBANY, N. V. 12240 Schedule Type-HVY / HWY 33 Date 07/08/81 Refer to: PREVAILING RATE CASE NO. T/O Southold PRC 8102904 NAS/SUF O1 to: William H. Spitz, Engineer Location and Type of Project Holzmacher, McLendon & Murrell Install asphalt concrete 125 Baylis Road pavement-SORT 81-06. New Melville, NY Suffolk Ave. T/O Southold 11747 Mattituck, NY Suffolk Co. In response to your request, enclosed are schedules of the prevailing hourly wage rates and the prevailing hourly supplements for the above project, together with copies of the Notice of Contract Let (PW-16) for your use. The schedules must be annexed to and form a part of the specifications for this project when it is advertised for bids. These schedules have been prepared and forwarded in accordance with Section 220 of the Labor Law, which provides that it shall be the duty of the fiscal officer to ascertain and determine the schedules of supplements to be provided and wages to be paid to workers, laborers and mechanics employed on public work projects, and to file such schedules with the department having jurisdiction. These wage rates and supplemental benefits are subject to change, and you will be periodically notified of such changes. The wage rates and supplemental benefits to be paid and provided must be those prevailing at the time the work is being performed. Supplemental Benefits Legend used in the "other supplements" column of the Prevailing Rate Schedule: A. Health & Welfare ( includes hospital C. Supp. Unemployment Benefits I. Annuity Fund surgical or medical insurance or D. Scholarship Fund J. Benefit Fund benefits, life insurance or death E. Paid Holidays K. Security Savings R benefits, accidental death or dis- F. Education Fund memberment insurance). G. Vacation L. Hol i day Pay B. Pens i on H. Apprentice Trai ni ng M. Other Very truly yours. Nicholas Valentine. Jr. DIRECTOR R WHEN ANY PROJECT IS COMPLETED OR CANCELLED, NOTIFY THE NEAREST DISTRICT OFFICE OF THE BUREAU OF PUBLIC WORK. ( see addresses below) State Office Bldg. Campus, Albany N. Y. 12240 65 Court St— Buffalo N. Y. 14202 155 Main Street West, Rochester N. Y. 14614 , 44 Hawley St. . Binghamton N. Y. 13901 175 Fulton Ave— Hempstead N. Y. 11550 333 East Washington St— Syracuse N. Y. 13202 207 Genesee St. . Utica N. Y. 13501 30 Glenn St— White Plains N. Y. 10603 PW-200 (6-79) IB-9 PREVAILING RATE SCHEDULE -tate of New York Case Number Bureau of Department of Labor Public Work 8102904 NASSAU AND SUFFOLK COUNTIES ' Prev- SUPPLEMENTAL BENEFIT PAYMENTS ailing OCCUPATIONS wage health basic and pen- suppl . other supplements hourly welfare Sion unemp. rate (A) (B) (C) (D) through (M) CO_RL DRILLER Core Dr i I 1 er 10. 605 1. 00 74 G-. 19 I. Helper 9. 245 1. 00 74 G-. 19 LLFCTRIC.1AN Llectricoan 15. 10 7%+. 35 S 1/2'/. . 25 G&L- 8 1/2%, H-5/87•, I-9'/., J-3'/. Appr. 1st term 6. 04 7%+. 35 S 1/2% 25 G&L- 8 1/2%, H-5/8%, I-9'/., J-3% IRONWORKER Ironworker-Structura I 12. 95 1. 86 2. 30 G-1. 85, H-. 11, I-2. 15 Appr. 1st term 7. 28 1. 86 2. 30 G-1. 85, H-. 11, I-2. 15 Rei nforci ng-(Lather) 13. 54 1. 325 985 D-. 02, G-. 75, H-. 01, 1-1. 10 Appr. 1st Term 3. 85 1. 325 985 D-. 02, H-. O1 Ironworker-Ornamental 12. 62 1. 21 1. 55 G-1. 00, H-. 10, I-2. 00 -Chain Link 12. 62 1. 21 1. 55 G-1. 00, 1-1-. 10, I-2. 00 Fence "Appr. 1st term 7. S7 1. 21 1. SS G-1. 00, H-. 10, I-2. 00 MASON Bricklayer 12. 1t9 1. 33 1. 93 H-. 03, I-2. 05 Appr. 1st term 6. 25 1. 33 1. 93 H-. 03, I-. 50 PAINTER Pain-ter-Brush 10. 92 1. 04 1. 04 G-. J3, I-. 71 Scaffold/Spray 13. 26 1. 26 1. 26 G-. 405, I-. 71 Appr, 1st term 6. 55 . 62 . 62 G- 20, 1- 25 Nassau Co. (N of L. I. E. to Pt. Wash BI vd. , S. of Sunr i se Hwy. E. to Long Beach Rd. ) ------------------------ ------ Pai nter-Brush 10. 82 1. 29 2. 30 G-. 70, H-. OS Appr. 1st term 5. 41 1. 29 1. 15 G-. 35, H-. OS Scaffold/Spray 12. 37 1. 29 2. 30 G-. 70, H-. 05 • Nassau Co. Remainder of County ------------------------------ Pai nter-Steel 14. 28 1. 86 2. 00 H-. 07 Power Tool , Spray 15. 28 1. 99 2. 1`t H-. OS Sandblaster(steel ) 15. 28 1. 99 2. 14 H-. 08 Appr. 1st term 7. 00 91 . 98 H-. 03S Nassau Co. -Entire County .............................. Pain-ter Brush 12. 39 3. 22 1. 00 G-. 50, H-. 21 Steel /Bridge 15. 30 3. 22 1. 00 G-. 50, H-. 21 Spray 13. 88 3. 22 1. 00 G-. 50, H-. 21 Appr. 1st term 6. 42 1. 97 1. 00 G-. 25, H-. 21 Suffolk Co. PLUMBER Plumber 13. 6S 1. 00 2. OS G-1. 30, H-. 37, I-. 57 Appr. 1st term 5. 46 . 60 1. 31 G-. 70, H-. 24, I-. 29 Suffolk Co. ------------------------------ P I umber 12. 75 1. 10 1. S4 G-1. 10, H-. 25 Appr. 1st term 5. 10 . 44 . 616 G-. 44, H-. 10 Nassau Co. ' TEAMSTER Truck Driver " Excavation 10. 125 1. 612S 2. 8525 1- 40 Euclid 10. 525 1. 6125 2. 8525 1- 40 ' Other 9. 325 1. 612S 2. 50 WELDER Welder To be paid the rate of the mechanic performing the work OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY and BUILDING SCHEDULES Print 33 IB-10 PREVAILING RATE SCHEDULE State of New York Case Number Bureau of Department of Labor Public Work • 8102904 NASSAU AND SUFFOLK COUNTIES w Prev- SUPPLEMENTAL BENEFIT PAYMENTS ailing OCCUPATIONS wage health basic and pon- suppi . other supplements hourly welfare sion unemp. rate (A) (B) (C) (D) through (M) CARPENTER Carpenter (H/H) 13. 35 1. 85 1. 03 G-. 95, H-. 05, I-. 75 Helper 11. 1s 1. 85 1. 03 G-. 95, H-. 05, I-. 7S Appr. 1st term 7. 3't 1. 8s 1. 03 G-. 95, H-. 05, I-. 75 Nassau Co. (South of So. State Pkwy. & West of Seaford Creek) ------------------------------ Carpenter CH/H) 13. 40 1. 50 1. 49 G-. 95, H-. 06 Appr. lst term 6. 70 1. 50 1. 49 G-. 95, H-. 06 Nassau Co. Remainder of County ------------------------------ Carpenter(H/H) 13. 4S 1. 33 1. 71 G-. 90. H-. 06 Appr. Ist term 6. 70 1. 33 1. 71 G-. 90, 1-1-. 06 Suffolk Co. ------------------------------ PI ledri ver/Dockbui Ider 13. 2S 1. 85 1. 03 G-1. 01, H-. 05, I-. 75 Appr. 1st term 7. 34 1. 85 1. 03 G-1. 01, H-. 05, I-. 75 ------------------------------ TI mberman 12. 31 1. 85 1. 03 G-. 95, H-. 05, I-. 75 Helper 10. 80 1. 85 1. 03 G-. 95, H-. 05, I-. 7S ELECTRICIAN-HIGHWAY MAINfFNANCE Applicable on traffic signals and street lighting only. Main*. Electrician 12. 30 8% 4 1/2'/• G & L-6 1/2'/., I-7% H-5/8'/., J-3'/. Appr. 1st term 4. 57 8% 4 1/2% G & L-6 1/2%. I-7'/. H-5/8%, J-31/- LABORER(HVY/HWY) Laborer (H/HH) Basic, Concrete, Jackhammer 8. 90 10 V. 13 '/• G- 75 • Pipelayer, Land- Scape, Trackman 8. 90 10 '/. 13 V. G-. 75 Power Tool 8. 90 10 % 13 % G-. 75 Asphalt Raker, Form Setter 9. 50 10 Y. 13 % G-. 75 Asphalt Shoveler and Tamper 9. 30 10 Y. 13 Y. G-. 75 MASON Cement Fl ni sher 12. 60 2. 19 2. 02 H-. 01 Appr. 1st term 6. 30 2. 19 2. 02 H-. 01 SIGN ERECTOR Sign Erector 11. 70 82 1. 11 H-. 02, I-. 43 M-Emp S. S. STRIPER Striping Mach. Oper 9. 90 59 70 G-7'/. Limerman 10. 40 62 72 G-7% TREE TRIMMING Tree Trimmer 8. 43 . 34 . 25 11 1st 6mo S. 51 34 25 Groundman, Driver 1st 6mo S. 07 34 25 Driver 2nd 6mo 6. 36 34 25 Driver after 1 yr. 6. 95 34 25 v TREE REMOVAL & LANDSCAPING Landscape Laborer 8. 90 10% 13% G-. 75 Mulching Machine Oper. 11. 995 9% of 2. 25 G-1. 00, H-. 15, M-. 10 rate+vac. • Stump Chipper Mach. 10. 97 9'/. of 2. 25 G-1. 00, H-. 15, M-. 10 rate+vac. Truck Driver S. 325 1. 612S 2. 50 WELL DRILLER We I I Dri 1 1 er 10. 55 8'/. 2. 25 G- 40 Helper 8. 55 8'/. 2. 25 G- 40 OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY SCHEDULES Pri nt 33 IB-11 PREVAILING RATE SCHEDULE State of New York Case Number Bureau of Department of Labor Public Work n 8102904 i NASSAU AND SUFFOLK COUNTIES Prev- SUPPLEMENTAL BENEFIT PAYMENTS ailing �- OCCUPATIONS wage health basic and pon- suppl . other supplements hourly welfare sion unemp. rate (A) (B) (C) (D) through (M) SURVEY CREW (HIGHWAY & HEAVY) Party Chief 12. 16 . 90 . 70 F-. 05, G-. 70, I-1. 50 Instrument Man 10. 21 . 90 . 70 F-. 05, G-. 70. I-1. 50 Rodman/Chas nman 8. 91 . 90 . 70 F-. 05, G-. 70, I-1. 50 Survey Rates apply to those workmen employed on HIGHWAY and HEAVY contracts let on or after July 2, 1979 POWER EQUIPMENT OPERATOR (H/li) Asphalt Spreader 13. IS 9% of 2. 25 . 20 1-1-. IS, G-1. 00, M-. 10 Backhoe 13. SS hourly Boring Machine 13. 12 rate + Bulldozer 12. 37 vac. Compressor-Single 11. 9515 Compressor-2 or more in battery 12. 60 Concrete Pump 12. 64 Concrete Spreader 13. 18 Concrete Breaker 11. 28 Conveyor 12. 37 Crane 13. 18 Location, Effoctive Date and DragIine 13. 55 Supplemental Benefit Payments Finishing Machine 12. 37 are the same for all Powgr Equipment Fireman 12. 37 Operators. Generator 12. 29 Grade-All Oper. 13. 55 r Grader 12. 585 Front End Loader 12. 905 Mai nt. Eng. 12. 37 Mulching Machine 11. 995 Oiler 10. 97 Piledriver 13. 55 Post Driver (Guard Rail ) 13. 12 Power Broom 11. 425 Pump (Under 4") 11. 995 Pump (Over 4") 12. 38 Ridge Cutter 11. 28 Roller - ST & Under 12. 37 Roller - Over S Ton 12. 72 Scraper 12. 37 Shovel 13. 55 Stump Chipper 10. 97 Tractor-Caterpiller or Wheel 10. 755 Track Tamper 10. 97 Trenching Machine 13. 39S OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY SCHEDULES M Pr i ht 33 IB-12 11012 L4CNER,MctEMM A WAR" ►.C. ! H2 M CORP A PROPOSAL - BIDDER'S DECLARATION TO THE TOWN BOARD of the TOWN OF SOUTHOLD, SUFFOLK COUNTY, STATE OF NEW YORK: BhDDERIS DECLARATION: The undersigned, as Bidder, declares that the only person or persons interested in this Bid or Proposal' as principal or principals is or are named herein and that no other person than herein named has any interest in this Proposal or in the Contract proposed to be taken; that this Bid or Proposal is made without any connection with any other person or persons making a Bid or Proposal for the same purpose; the Did or Proposal is in R all respects without fraud or collusion, that he has examined the site of the work, the Form of Contract and Specifications andhasread the Notice to Bidders, Information for Bidders and General Conditions hereto attached and fully understands all the same; that he proposes and agrees, if this Proposal is accepted, that he will contract with the TOWN BOARD of the TOWN OF SOUTHOLD, in the Form of Contract accompanying this Bid, to perform all the work required in accordance with and as mentioned in said Form of Contract , Specifications, Notice to Bidders, Information for Bidders and General Conditions, and he will accept in full payment , therefore, the following sums to wit: P-A -fit c. MOLZMACMEA MAMOM i UNNIRUL,P.C.1 MsM CORP. COWAVO OMMMOWAL GOWTI rs PROPOSAL (CONT'D. ) FtTR1��'SHING AND DELIVERING NEW SUFFOLK AVENUE BINDER, TOP, AND SHOULDER COURSE TOWN OF SOUTHOLD ASPHALT CONCRETE SUFFOLK COUNTY, NEW YORK SOOT-81-06-A BID DATE: SEPT. 24, 1981 10:00 A.M. ITEM 51-:0•_,1A TOP Furnish and Deliver Type lA Top Course Asphalt Concrete Approximately 325 Tons . Price per Ton .1*4fty • , ($ 3;1.00 ) ollars TOTAL. . . . . . . . . ($ �d Dollars ITEM 51F, BINDER Furnish and Deliver Binder Course Asphalt Concrete Approximately 475 Tons a 7tvi �! o ass Price per Ton . • ($ 3,�.�0 ) Dollars TOTAL. . . . .. . . . . ($ /,f-a "06) Dollars ITEM 51Y., Furnish and Deliver Shoulder Course Asphalt Concrete Approximately 500 Tons Price per Tong`. 7.�✓�' ,(�.4 " '($ j,4 Dollars TOTAL. . . . . . . . . •Dollars PB-1 HOL2MACHER,Mr.1.WW"A MURRELL,P.C.I H2M CORP. CONSULTWO ENG AND ENWWONMEWAL SCIENTISTS ik Y FURNISHING AND DELIVERING NEW SUFFOLK AVENUE BINDER, TOP, AND SHOULDER COURSE TOWN OF SOUTHOLD ASPHALT CONCRETE SUFFOLK COUNTY, NEW YORK SORT 81-06-A BID DATE: SEPT. 24, 1981 TOTAL B,IID (SUM OF ALL ITEMS) 10:00 A.M. ���� TOTAL.A4 10A.04 ? ,..t'� ✓�!0 , ($ 'Y/ 41(rod.*v ) Dollars DELIVERY SHALL BE MADE ON WEEK DAYS (MONDAY THRU FRIDAY) BETWEEN THE HOURS OF 7:00 AM AND 5:00 PM PREVAILING TIME. NO LESSTHAN 48 HOURS PRIOR NOTICE SHALL BE GIVEN TO THE CONTRACTOR FOR DELIVERY. DELIVERY SHALL BE CONTINUOUS THROUGHOUT THE DAILY PAVING OPERATION AT THE PROJECT SITE. NOTE: PRICES STATED ABOVE SHALL BE IN EFFECT FOR A PERIOD OF 60 DAYS FROM THE DATE ON WHICH THE CONTRACT IS SIGNED .� FIRM NAME:, WNS AM 80014 LYON AND QfRnl i, IIdC, 56 COMSEWOGUE ROAD FIRM ADDRESS: E. SETAUK[L N v 13133 SIGNED BY: C TITLE Randall Woodard, P.E. Chlef. buineep DATE: PB-2 IIp1 MAC1M MdMI M&WWRVAIA,P.C. t H2M tlW6 QOt"r'M*"own A110 WNMWAWADM sC1Y1r1" pROPOSAL - (CONT'D.) r Enclose certified check or bid bond for five percent (5x) of they total bid, as stipulated in the foregoing Information for Bidders. The Bidder hereby agrees to enter into a contract within seven (7) days after due notice from the Town of Southold that the contract has been awarded to him and is ready for signature, such notice to be given in writing within forty-Five (45) days of the date of opening of the bids, and on the signing of such contract by him to furnish the indemnifying bonds as provided in the Contract. And, the Bidder hereby further agrees that in the event of his failure or refusal to enter into a contract in accordance with this bid within seven (7) days after due notice from the said Town Board as given in accordance with the Information for Bidders, and/or his failure to execute and deliver the bond for the full amount of the contract price as provided in said Information for Bidders, that the bidder's check which is herewith deposited with the Town shall, at the, option of said Town, . become due and payable as ascertained and liquidated damages for such default, .otherwise the said check shall be returned to the undersigned. The full name and residences of all persons and parties interested in the foregoing bid as principals are as follows: NAME ADDRESS /e"+► t'�row�►�te�o �iPL_ •'f� /�. ✓1• e.�ril�f �I�jI NAME OF BIDDER: LYON AND REBO% INC. BUSINESS ADDRESS OF BIDDER: " LYON AND REBOU, NC E. SETAUKET, N.Y. 11733 DATED AT:- Cr fi�yy�_t ►' _ THE-A---DAY OF .� P-C CON"TON 00000 AND UWWOMMpRµ MOMM k PROPOSAL - (CONT'D. ) NON-COLLUSIVE B3I_DDINC, CERTIFICATE By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: 1. The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; and 2. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor; and 3. No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not to subunit a bid for the purpose of restricting competition. 4 Dated: LM MD R®OI& M By: Randall Woodard, P.E. Chief Engineer This bidder cannot make the foregoing certification and a statement signed by the bidder is attached setting forth in detail the reasons therefor: P-D HOLiMACHER, MdANOM`MtMR" RC. / H2M CORM. CONSULTING VW*9W AND W p0j4M0jft •GC" M INDEMNITY, LIMITATION OF LIABILITY 1. INDEMNITY The Contractor and all sub-contractors performing work in connection with this contract shall HOLD - HARMLESS, INDEMNIFY and defend the OWNER and ENGINEER, their consultants, and each of their officers, agents and employees from any liability, claims, losses or damage including reason- able costs of defense arising out of or alleged to arise from the Con- tractor's or sub-contractor's negligence in the performance of the work described in the Contract documents, but not including liability that may be due to the sole negligence of the OWNER, ENGINEER or their officers, agents and employees. 2. LIMITATION OF LIABILITY The Contractor and all sub-contractors agree to limit the liability of the OWNER and ENGINEER due to the Engineer's professional negligent errors or omissions such that the total aggregate liability of the engineer to those named shall not exceed fifty thousand ($50,000. ) dollars, or 5% of the contract award amount, whichever is greater. r 10/80 ILL 1 of 1 HOIZMACHER, MCLENDON i MURRELL. P.C. / HZM CORP. O mIuLTIN0 0sonJ iRS AND ENV1110N610ITAt WENTIM CONTRACT CONTRACT IN QUADRUPLICATE FOR FURNISHING AND DELIVERING AINDFR, TOP, AND SHOULDER COURSE ASPHALT CONCRETE TO NEW SUFFOLK AVFNTTP.— AT TOWN OF SOUTHOLD, SUFFOLK COUNTY , NEW YORK , Muted 19 , BY AND BETWEEN THE 'TOWN BOARD OF THE TOWN OF SOUTHOLD. SU FFOI..K COUNTY, NEW YORK , (heriu i n called the "'rown, " and (herein called Lhe "Contractor" ) . WITNESSETH , that the Town and the Contractor, in consideration of the premises and of the mutual covenants, considerations and agreements R herein contained , agree as follows: This Contract is hereby awarded to the Contractor for the work and material called for under his bid in the Proposal section of the Contract and designated as Items: and if required by the Consulting Engineer, Items: for the sum of Dollars for the unit and/or lump-sum price(s) as listed in the Proposal herein. C-1 HOLYMACHER, MCLENDON&MURR" P.C. I H2M CORP. OONSW.TINO COMMUM AND [NVUIONI+ILNt" SCOWTIM CONTRACT - CONV D. 1 . CONTRACT DOCt1MENTS AND DEFINITIONS The Notice to Bidders, Information for Bidders, Proposal , General Conditions, Contract, Specifications and Plans, together with any Addenda , shall form part of this Contract , and the pro- visions thereof shall be as binding upon tale parties hereto as if they were herein fully set forth. The titles , headings, t►ead- lines and marginal notes contained herein are Solely to facilitate reference to various provisions of tile Contract Documents and in no way affect , limit or cast light upon the interpretation of the provisions to which they refer. Whenever the term "Contract Docu- menta,, is used, it shall mean and include this Contract , the Plans, Specifications, any Addenda, and the Notice to Bidders, Info1•ilia ttoll for Bidders, General Conditions and Proposal . Ill case of any con- flict or ie°Specific:ationag thetency between 11provisions"s Of of the Contract Contract Contractshall those of tile p govern. WORK: The ' term "Work" , as used Herein, refers to all of the work proposed to be accomplished at the situ of the project and all such other work as is in any manner required to accomplish the completed project , and includes all plant , labor, materials, » her facilities and acts necessary or supplies, equipment and ot proper for or incidental to the carrying out and completion of otract. term " eformed" the terms of tis C include'�materialThe deliveredwtokandl•suitablysliall storede construed at the site of the project. EXTRA WORK: The term "Extra Work" g as used herein, refers to and includes all work required by the Town which, in the judgment of the Engineer, involves changes in or additions to work required by the Plans, Specifications and ally Addenda in their present form. SUBCONTRACTOR: The term "Subcontractor" , as used herein, shall mean any person, firm or corporation applying labor and material for work at the site of the project, but not including the parties to this Contract. ENGINEER: In the performance of the work, the Town shall be represented by its Consulting Engineer HOLZMACHER, McLENDON & MURRELL, P.C. , (herein called the "Engineer") . PAVING CONTRACTOR: The term "Paving Contractor" , as used herein , shall mean any person , firm, or corporation applying labor and equipment for receiving delivery of , placing and compacting the asphaltic concrete materials being supplied under this Contract . C-2 NOLZMACHER, MCLENWN 6 MURRELL, P.C. / MTM CORP. CONSUMNO 040I009US AND CNV1NONMRNTAL KILWTIG" CONTRACT - CONTI V. NOTICE - The term "Notice" , as used herein , shall mean and include written notice. Written notice shall be deemed to have: been duly served when delivered to, or at the last known business address of, the person, firm or corporation for whom intended or to his, their, or its duly authorized agents, representatives or officers, or when enclosed in a postage prepaid wrapper or enve- lope addressed to such person, firm or corporation at his, their, or its last known business address and deposited in a United States Mail Box. DIRECTED, REQOIRED. APPROVED, ACCEPTABLE - Whenever they refer to the work, or its performance, "directed" , "required", "permitted" , "ordered", "des i glia t ed" , "prescribed" , and words of like import shall imply the direction, requiremunt , permission, order, desig•ua- tion or prescription of the Ent incur, and "approved", "satisfied" , or "satisfactory" , "in the judgment of" , and words of like import, shall mean approved or acceptable to, or satisfactory to, in the judgment of the Engineer. 2. SCOPE OF THE WORK The Contractor will furnish all plant , .labor, material , supplies, equipment and other facilities and things necessary or proper for or incidental to, the work contemplated by this Contract as required by, and in strict accordance with, the applicable Plans, Specifications and Addenda prepared by the Engineer and/or required by and in strict accordance with, such changes as are ordered and approved .pursuant to this Contract, and will perform all other obligations imposed on him by the Contract . 3. COMPENSATION TO BE PAID TO THE CONTRACTOR (a) Agreed Prices: It is understood and agreed that the Con- tractor will accept as payment in full the summation of products, of the actual quantities in place upon the completion of the work, as -determined by the Engineer's measurements by the unit prices bid, no allowance being made for anticipated profit or for reason of variations from the estimated quantities set forth in the Proposal. (b) Extra Work and/or Changes: The Town may, at any time, by a written order, and without notice to the sureties, require the performance of such extra work or changes in the work as it may find necessary or desirable. The amount of compensation to be paid to the Contractor for any extra work, as so ordered, shall lie determined as follows: C-3 HOLDW.NF.R, MdMOON A MURK" P.C. / 142M CORP. COMULnMo a GIMZUW AND 1XVISONUMAL SCIUM4" CONTRACT - CONT'D. (1) By such applicable unit: prices, if any, as set forth in the contract, or (2) If no such unit prices are set forth, then by unit prices or by a lump sum mutually agreed upon by the Town and the Con- tractor, or (3) If no such unit prices are set forth, and if the parties cannot agree upon unit prices or a lump sum, then by actual net cost in money to the Contractor of the materials, permits, wages, or applied labor, premiums for Workmen's Compensation Insurance, payroll taxes required by law, rental for plant and equipment used (excluding small tools) to which total cost will be added twenty percent (20'X) as full compensation for all other items of profit, costs and expenses, including administration, overhead, superintendence, insurance, insurance other than Workmen 's Compen- sation Insurance, material used in temporary structures, allowances wade by the Contractor to subcontractors, additional premiums upon the Performance Bond of the Contractor and the use of small tools. 4 . TIME OF ESSENCE Inasmuch as the provisions of this Contract relating to the time for performance and completion of the work are for the purpose of enabling the Town to proceed with the construction of a public improvement, in accordance with a predetermined program, such pro- visions are of the essence of this Contract. 5. COMMENCEMENT OF WORK The Contractor agrees that he will commence work within ten (10) consecutive calendar days after signing this Contract, and that the day he commences work shall constitute the first of the consecutive calendar days allowed for completion of the work. C-4 HOWAACHER, WUNOON i MURREt.t. R.C. / H2M CORP. CONNJLn"s WOINUAS AND LNVIAONUMUL acluffi Tf CONTRACT - CONT'D. 6. TIME FOR COMPLETION The time for completion of this Contract shall be within the number of calendar days stated in the Laid Proposal and the date of such completion shall be the date of the certificate of com- pletion hereinafter specified. The Town reserves the right to order the Contractor to suspend operations when, in the opinion of the Engineer, impro- per weather conditions make such action advisable, and to order the Contractor to resume operations when weather and ground con- ditions permit. The days during which such suspension of work is in force are not chargeable against the specified completion time. 7. LIQUIDATED DAMAGES FOR DELAY The time limit being essential to and of the essence of this Contract , the Contractor hereby agrees that the Town 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 fifty dollars ($50. 00) per day, which amount is hereby agreed upon, fixed and determined by the parties hereto asthe liquidated damages, including overhead charges, services, inspector's wages, and interest on the money invested, that the Town 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, provided, however, that the Town shall have the right to extend the time for the completion or 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 with- out his fault, or negligence, including but not restricted to Acts of God or of any public enemy, acts or neglect of the Town , acts or neglect of any other Contractor, fires, floods, epidemics, quarantine restrictions, strikes, riots, civil commotion 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 Town. No such extension of time shall be considered a waiver by the Town 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 obliga- tions hereunder. C-5 HOLZMACHER, MCLENDON i MURREa. P.C. / H2M CORP. CMSULTING ENGIN"" AND INVIRMUDIM 11GENT18" CONTRACT - CONT'1). 9. CONTRACT SECURTTY (a) The Contractor shall furnish it Performance Bend in an amount equal to one hundred percent ( 100` ) u1' the total contract price as security for the faithful performance of this contract , and for the payment of all persons performing labor or furnishing mater- ials in connection with this Contract . (b) Additional or Substitute Bond : If , at any time, the Town shall be or become dissatisfied with any surety or Sureties , then upon the Performance Bond, or if, for any other reason , such bond shall cease to be adequate security to the Town , the Contractor shall , within five (5) days after notice from the Town , substitute an acceptable band in such form and sum, and signed by such other surety as may be satisfactory to the Town . Tho premiums on :such bunds shall be paid by the Cuntractur. No t'urther payments shall be deemed due, nur shall be made until the new surety shall have been qualified. (c ) Prior to release of the Performance Bond , the Contractor shall deliver to the Town a Maintenance Bund edtial to one hundred percent (100` ) of the total Contract price, including all extras. This Maintenance Bond shall remain in full force and effect for a period of one (1 ) year after the date of the final certificate and such bond, which shall be executed by the Contractor and issued by a reliable, solvent surety company authorized to do business inthe State of New York shall guarantee to the Town that the Contractor shall promptly remedy any defects or faults that may occur within twelve (12) months after completion and acceptance of the work performed by the Contractor pursuant to this Contract . 10. CONTRACTOR 'S INSURANCE The Contractor shall not commence any work until he has obtained and had approved by the Town all of the insurance required under this Contract , as enumerated herein : Compensation Insurance Public Liability and Property Damage Insurance Contractor's Protective Liability and Property Damage Insurance Owner's (Town of Southold) and Engineer's Pro- tective Public Liability and Property Damage Insurance Automobile Public Liability and Property Damage Insurance C-6 BID BOND -C IFUS Approved by The American Institute of Architects, A.I.A. Document No. A-310 (Feb. 1910 Edition) hwumnce C*nWWU*$ KNOW ALL MEN BY THESE PRESENTS, That we. LY-on & Rebol i T +nar»c� Rnac3 Sast etauket New York__ as Principal, hereinafter caned the Principal, and...__. 9 Tnhn �t-rSet,_-�Te�t--XO�k-r-1 New Jersey _ , as Surety, hereinafter called the Surety, are held a corporation duly organized under the laws of the State of — _ and firmly bound unto Tc v n Of SouthOlm, LI, Nowas Obligee,her'e'inafter called the Obligee, --_—__ Dollars in the sum of (_——————— -- ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind our selves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Fnr ah;ng nP1 iereri___n�ATaI t for Namur Suffolk Avenue NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if,the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 24th day of September A. D. 19— $1_ Lyon & Rebolii -I,nc _ _(Seal) (Printf q n-dall — -- (Witness) Chief Engineer (Title) Firemen' s Insurra4ce Company of Newark, NJ (Sea!) (Surety) -- Robert A. Bauer (Title)(Witness) Attorney c l ,so PRINTED IN U.5 iD 4392C ( NOT,AR ,IAL ACKNOWLFDGMEN 'T ) INDIVIDUAL ACKNOWLEDGMENT State of - - -- - ---- --- s s. Comity of- --------- ---- — On this------_-_-- ._ _.-------_ _ ._.__— day of___—__ --- ------ -----. in the year 19 before me personally came —.---- -----.____.-___.-_- ---- `• to one known and known to me to be the person described in and who executed the foregoing instrument, and acknowledged to me that he executed the same. PARTNERSHIP ACKNOWLEDGMENT titate of ----- SS.: C(mrlty of--- -- On thio.-- . --- ----- - day of . in the year 19 —. before me perYonally came _ _---__---_• a member of the copartnership of to me known and known to me to be the persondescribed in and who executed the foregoing instrument, and acknowledged to me that he ex- ecuted the same as and for the act and deed of the said copartnership. CORPORATE ACKNOWLEDGMENT - ss.: (.runt) of 0ii this ----2 / ----- -- -- ----day of- - • -- ------ in the year 19 hrf.rre me personally came __. �aa�/girt� /'G ----- �P,�.os«------ to roc known, who, being by me duly sworn, did depose and say that lie resides in e2T 40e Mil �O�T ✓E,�fifey'/w/ �✓ .—_—; that he is the REBOU, - 0w corporation described in and which executed the foregoing instrument; that he known the corporate seal of the .arol corporation; that the seal affixed to the• -raid instrument is such corporate veal; dnd that it was so affixrd h, calm of the Board of Directors of the vnid corporation, and that he signed his name thereto by like order. PHOEBE SPALDING Notary Public, State of New York No. 62-4613626, Suffolk County +UA Term Expires March 30. 19-La. F1 onA 1143A Printed in U.S.A. 0,W Lr y lnsurancc� *% *�!nq 1;�anyon4ewuj!�­ I`q e m 8,n•c. ,.New"Yol-k'l 0033 80 M'Ljid�ea Larit_), New Yot-1< GENERAI F E POWER OF A17ORNEY 1�flo4vlall mori by 11110se PresentS,That ttic.- I-IREMEN'S INSURANCE COMPANY OF NEWARK, NML tc.j. Iz)y these presents does constitute and appoint j,- jjj�jje. COnSlitUIC-0 and IPPOM New YorkStapIker, Wunci or -juer, bc)tll of New YOrk, j%oj.)ei:t A. lit n.2. plw, •and stead I.)execute on behalf of the said Company, as surety.bonds. ,14S true and la,,-jul atjorni.,y for it and I n its n3r and contracts Of suretyship to bo g"T"! I0 fill ob1i.Gpes prarvi-Acd that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the suln of i,lilljoij. ($1,000,000. ) Dollars. One authority of the following Peso. *f j,-. Fo%ver of Attorney is granted and is and sealed by fl.Csimll(.� under and by the n (! FIf` v1E-N*S 11"I"(1fiANCE COMPANY OF NEWARK,NEW JERSEY at a meet. Ppod by tile Board of Directors of III % -F-fI ilIg (jtlly and hold on the 20th day of Februaty. 1975. Executive vice President or a senior vice Pies. -in of the Board.Ih,j V,'7r..Cilaiptlan of life.[3oard,the president.an E I Atiorricy ou3tifYing the allot. 0;.vr-(),that the Chairman 3"thorized to execute Powers 0 p.rest(le.1t of the Coillpany. be. ana thal L.;jcn ur any Ol thvni li'tq-_ )MPANY OF NEVIAF(K.NEW JC-Fi'zE Y.bonds.under. idew �,r a p if, of FIREMEN S itASURANCE C( or any of morn here- ,le by In the fl vert Po-.,jctJMift r of AtIL1900Y tO vic.o Fresictent.a Secret.try or m A%sralaf%l Se-creuiry be.and that each a!:C.rjtjjrac:j:,.of suretyship and at in/,ssis e,u ttj(�seal of the company. ;:•,;inti - -y.ani to w:ach tile by is to attf.1;1 the e-ocul lur,(_�f'Illy Such pov(..r of Alluffm of At:orney or to any tic!�i,)naturcs Of such nitr:ets 3ncl file svai W 0W CO'"11-111Y may br'a(fixed 10 any such Power it,,silitiatures or fjcsiriile sent shall be valid i,�jjj pj..,z!r of Attorney of t;eftificale U-1-9 --c" "'C"'m of suretyship to which it is attach- .:Z ilU SOLVED.that I i1e.a.and any!.Ljc-.h tr_.i;,jit,cj itierr!to by facsir" .n t,,c future•e,ilh fespe,;: to any bund,uri(jerialling or con:iact j opon itia company when--a allixed t%­J ed" lit 4%,jjl,,css V11hercol, the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY his caused its offi--ial seal c' its Vice Presidents arid Attested by ono of its Asislant Vice to he heir. affixed and these presents to I)r-, signed by one this 3'rd day of January. 1979 FIRNEMEN',") INSURANCE COMPANY OF NEWARK. NEW JERSEY A IS t E3y M L Ford. vicf..-Poustooni 7 H Stephen$.Ass,513111 V-CU Pres-dent ST/j` OF 14E.W YORK. Gou,',!TY OF f-4EW YORK, 0;1 11ji!. 3r,.l day of January, 1979. before ii-w PelsOl'ally clnl(! M.L. Ford. to me known, who being by me duty sworn, Summit. it) thO COUnty()f Usse,x. State of New Jersey. at 760 Springlield Avenue. that did �.pn!..r, and si%, that he residi5s in Surnin %.,,%NCE COMPANY OF NEWARK, NEW.)ERSEY, the corporation described he izi ,. vw­-Prosident of the FIREMEN'S ltjS!jr S thQ Seal of the said corporation; that the seal affixed to the said in and v.,hic;h executed the FIREMs lhat tic kl'Ow h instrut-.101", is SuCh corporate seal; that it was (j affixCd by order of the Board of Directors of said corporation and that e signed his name Hiereto by like order. L ETHEL TARAN10 COMO FUO'IC StAlt Of NCO Yflitit CERTIFICATE Clodes 1,1110 30 1922- PANY Or NEWARK, NEW JERSEY. -r-signed, an Arstpsta'nt Secretary of the FIREMEN'S INSURANCE COM I F! foregoing and attached power of AIIOrneY remains in full force (Inde Nc!,... j(�,!;(!y corporation. DO jjj:rjf:Gy CERTIFY that th in The said Power of At- t, !hi: fiesolution ()I tile Board of Directors. set forth irtnorn arl, I,()! liven revolted:and furthe tc)flley. r; liovv if) force Sj(jjj(..j aijcj seated at the City of New.York Dated the'.A4 th day Of S er ........ Kean Vel"'y 11 NANt.,ltil,.. J AAAI r–MLIN 1 Firemen's Insurance ZC0332-Pcmy of Newark, New Jersey AS OF DF.CFMBEn 31, 1079 ASSETS LIABILITIES CAPITAL& SURPLLIS S 2,373,473 Reserve for Uneamed Premiums... .. . $ 222,430,616 Cash . . . . . . . . . . .. . .. .. . ... . .. . .... . .. ..... . . 460,821,111 1,Ot 3,386,467 Reserve for Losses..... .. .. .. ..... . . Bunds and Stocks. .. . ... . . . . .. .. . . .. Reserve for Loss Expenses. .... . . .. . . 60,185,572: Interest, Dividends& Reserve for Taxes& Expenses... . .. .. 20,575,509 Rents Accrued.... ..... . . . . .. . . .. . 11,836.521 Agents Balances Receivable. . . . . . . ... 59,060,759 Reserve for Other Liabilities. . ... . .. . . . 26,984,548 25,114,000 Total Liabilities.. . .. . . .. .. . ..... . . .. $ 790.997,356 Real Estate.. .......... . ........... Capital 15,000,000 Other Assets .. . . .. .. . . . .. .. . . .. ... . s,898,t 62 p . 315,672,026 Surplus . . . . . . .. . .. . .. .... . . .. . ... .. Poltoyholder;Surplus. ....... .. .. .. 330,672,026 Total Admitted Assets... . ....... ..... S 1,1?_1,669.382 Total Liabilities, Capital&Surplus... . .. $ 1,121,669,382 . STATE OF NEW YORK COUNTY OF NEW YORK SS' CITY OF NEW YORK F.M. Colalucci, being duly swom says, That he resides in Glen Head. New York and that he is Secretary of FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, that said Company is a Corporation;duly organized.existing, and engaged in business as a Surety by virtue of the Laws of the State of Now Jersey and has duty complied with all the requirements of the Laws of said State and the Laws of the State of New York applicable to said Company, and is duly qualified to act as Surety under such Paws;that said Company has also complied with and is duly qualified to act as Surety under the Act of Congress approved July 30, 1947, 6 U.S.C. secs. 6-13 to qualify as sole surety on rlecognizances, stipulations, Bonds and undertakings permitted or required by the laws Cf the United States, to be given with one or more sureties;and that the foregoing is a full,true and correct statement of the financial condition of said Company on the 31St day of December 1979 to the best of his knowledge and belief. Sworn to before me this 3rd day March 1980 '" '�i r: CERTIFICATE Secretary ETHEL TARANTO NOTARY PUBLIC.State of New York No 24.46631,17 Gual.in Kings County Comm,ssron Expires March 30.1962 SURETY ACKNOWLEDGMENT State of _- NY ----- County of _. Qiit--nS ---- s' City of — N.Y _ -- On this daY in the year 19 8 before me personalty rine — to me known,who,being by me duly swum, did depose and say that he resides in that he is the Attorney of Firemen's Insurance Company of Newark, New Jersey, the corporation described in and which exeCUtffJ the attached instrument;that he knows the corporate seal of the said corporation;that the seat affixed to the said instrument is such corporate seal;and that it t,.ras so affixed by order of tbe'Board of Directors of the said corporation, and that he signed his name thereto by like order. Of - -- -- Notary Public KAREN GROHL � Notary Public, State of.N.W Y4 No. 41-4660961- Qualified in Queens C;etinty Commission Expires March 30, 1 -2 A n U.c A HOLIMACHM MCMDON i ALAR" P.C. I N2M CORP. CONSUL"No WWWOU" AND tNVIRONMDOTAI SCIUMM CONTRACT - CONT"D. The Contractor shall not permit any subcontractor to commence any operation on the site until satisfactory proof of carriage of the above required insurance has been posted with, and approved by, the Town. (a) Compensation Insurance: The Conti-actor shall take out and maintain, during the life of this Contract. , Workmen's Compensation Insurance for all of his employees employed at the site of the pro- ject , and in any case of any of the work being sublet, the Contractor shall require the subcontractor similarly to provide Workmen 's Com- pensation Insurance for all of the latter's e:mpluyees, unless such employees are covered by the protection affordod by the Contractor. (b) Public Liability and Property Damage Insurance: The Con- tractor shall take out and maintain during the life of this Contract such Public Liability and Property Damage Insurance as shall pro- tect him and any subcontractor performing work covered by this Contract for claims for damages for personal injury, including accidental death, as well as from claims for property damage which may arise from operations under this Contract , whether such opera- tions be by himself or by any subcontractor, or by anyone directly or indirectly employed by either of them, and the amounts of such insurance shall be as follows: Public Liability Insurance in the amount not less titan Five Hundred Thousand Dollars ($500,000. ) for bodily injuries, including wrongful death to any one person, and subject to the same limit for each person in an amount not less than One Million Dollars ($1,000,000. ) on account of one accident . Property Damage Insurance in an amount not less than One Hundred Thousand Dollars ($500,000. ) for damages on account of any one accident and in an amount of not less than Two Hundred Thousand Dollars ($1 ,000,000. ) for damages on account of all accidents . (c) Liability and Property Damage Insurance: The above policies for public liability and property damage insurance must be so written as to include Contractor 's Protective Liability and Property Damage Insurance to protect the Contractor against claims arising from the operations of any subcontractor. C-7 HOLZAIACHER. MCtENOON a MURR" P.C. / H2M CORP. CM8WINO OMN908 AND WYIRONMONTAL AGNJNTIM A CONTRACT - CONT'D. (d) Owner's and/or Engineers Protective Public Liability and Property Damage Insurance: (Town and/or Town Board, Town of Southold and/or llolzmacher, McLendon & Murrell, P.C. ) The Con- tractor shall furnish to the Town with respect to the operations he or any of his subcontractors perform, a regular Protective Public Liability Insurance Policy for and in behalf of the Town and/or Town Board, Town of Southold and/or llolzmacher, McLendon & Murrell, P.C. , providing for a limit of not less than $500,000. for all damages arising out of bodily injuries to, or death of one person and subject to that limit for each person, a total limit Of $1,000,000. for all damages arising out of bodily inju- ries to, or death of, two or more persons in any one accident ; and regular Protective Property Damage Insurance providing for a limit of not less than $500,000. for all damages arising out of injury to, or destruction of, property in any ogle accident and subject to that limit per accident a total (or aggregate) limit of $1 , 000,000. for all damages arising out of injury to, or des- truction of property during the policy period. The insurance must fully cover the legal liability of the Town and/or Town Board, Town of Southold as owner and/or Holzmacher, McLendon & Murrell, P.C. The coverage provided under this policy must not be affected if the Town and/or Engineer performs work in coimection with the project either for, or in cooperation with, the Contractor or as an aid there- to, whether the same be a part of the Contract or separate there- from, by means of its own employees or agents, or if the Town and/or Engineer directs or supervises the work to be performed by the Contractor. (e) Automobile Public Liability and Property Damage Insurance: The Contractor shall take out and maintain during the life of the Contract such automobile public liability and property damage insurance as shall protect him and any subcontractor performing work covered by this contract from claims for damages for personal injury, including accidental death as well as from claims for property damage which may arise from operations under this Con- tract, whether such operations be by himself or by any subcontractor, or by anyone directly or indirectly employed by either of them and the amounts of such insurance shall be as follows: C-S HOLZMACHER. MCLENOON A MURR" P.C. I H2M CORP. CON�tJLTINO ENOINE[R� ANO WVIIIONMWIA� �CIQITIiT� CONTRACT - CUNT'1). Automobile Public Liability Insurance in an amount nut less than Five Hundred 'Thousand Dollars ($500,000. ) for bodily injuries, including wrongful death by any one person, acid subject to the same limit for each person in an amount not less than One Million Dollars ($1,000,000. ) on account of one accident . Automobile Property Damage Insurance in an amount of not less than One Hundred Thousand Dollars ($100, 000. ) for damages on account of any one accident. and in an amount of not less than Two Hundred Thousand Dollars ($200,000. ) for damages on account of all accidents. 11 . PROOF OF CARRIAGE OF INSURANCE The Contractor shall furnish the Town with certificates of each insurer insuring the Contractor or any subcontractor under this Contract , except with respect to subdivision (d) of Paragraph 10. In respect to this paragraph, the Contractor shall furnish the Town with the original insurance policy and a copy to the Engineer. Both certificates, as furnished, aid the insurance policy, as required, shall bear the policy numbers, the expiration date of the policy and the limit or limits of liability thereunder. Both the certificates and the policy shall be further endorsed to provide the Town and Engineer with any notice of cancellation at least five (5) days prior to the actual date of such cancellation. C-9 MOLZMACHER, MCMWN A MURR" P.C. / N2M COAD. CONSULTING 01010i"M AND UOVIN +MUOTAL SCILNTiM CONTRACT - CONV D. 12. COMPLIANCE WITH LABOR AND PENAL LAWS The Contractor hereby expressly agrees to comply with all the provisions of the Labor Law and any and all amendments ther(40, insofar as the same are applicable to this Co,ltract . The Labor Laws, as amended, provide that no laborer, workman or mechanic: in the employ of the Contractor, subcontractor or other person doing or contracting to do the whole or a pal•t of the work c:on- templated by this Contract , shall be permitted or required to work more than eight (8) hours in ally one calendar day, except in cases of extraordinary emergency caused by fire, flood, or danger to life or property; that no such person shall be employed more than eight (8) hours in ally day or more than five (5) drys in any week, except in such emergency ; that the wages to be paid for a legal day 's work as hereinbefore defined, to laborers, workmen, or mechanics upon the work called for under this Con- tract , or for any materials used upon or in connection therewith, shall not be less than the prevailing rate for a day's work in the same trade' or occupation in the locality within the State where such work is to be done and each laborer, workman or mechanic employed by the Contractor, subcontractor, or other person about or upon the work shall be paid the wages herein provided; that employees engaged in the construction outside the limits of cities and villages are no longer exempt from the pro- visions of the Labor Law which required the payment of the pre- vailing rate of wages and the eight (8) hour day. Section 222 of the Labor Law, as amended by Chapters 556 and 557 of the Laws of 1933, provides that preference in employ- ment shall be given to citizens of the State of New York who have been residents of Suffolk County for at least six (6) consecutive months immediately prior to the commencement of their employment. Each person so employed shall furnish satis- factory proof of residence, in accordance with rules adopted by the Industrial Commissioner. Persons other than citizens of the State of New York shall be employed only when such citizens are not available. Section 222 further provides that upon the demand of the State Industrial Commissioner, the Con- tractor shall furnish a list of names and addresses of all his subcontractors and further provides that a violation of this section shall constitute a misdemeanor and shall be punishable by a fine of not less than Fifty Dollars ($50. 00) nor more than Five Hundred Dollars ($500.00) or by imprisonment for not less than thirty (30) days icor more than ninety (90) days, or both fine and imprisonment. C-10 H02MACHN.Md MWN A MURULL. P.C. / HSM CORP. coM"nNo aw""10 w+o wwaNMORAL sclumm CONTRACT - CONT'D. Section 220A of the Labor Law, as amended by Chapter 472 of the Laws of 1932, provides that before payment is made by or on behalf of the State or any City, County, Town or Village or other civil deviation of the State, of any sums due on account of a contract for a public improvement , it is the duty of the Comptroller or the financial officer of the Municipal Corporation to require the Contractor and each and every sub- contractor to file a certified statement in writing, in satis- factory form, certifying to the amounts then due and owing to any and all laborers for daily or weekly wages on account of labor performed upon the work of the Contract , setting forth therein the names of the persons whose wages are unpaid and the amount due each, respectively. Section 220-B of the Labor Law, as so amended, provides that any interested person who shall have previously filed a protest in writing objecting to the payment to any Contractor or subcontractor to the extent of the amount or amounts due or to become due to him for daily or weekly wages for labor performed on the public improvement for which the Contract was entered into, or if, foo any other reason, it may be deemed advisable, the Comptroller of the State or other financial officer of the Municipal Corporation may deduct from the whole amount of any payment on account thereof the sum or sums admitted by any Contractor or subcontractor in such statement or statements so filed to be due and owing by him on account of labor per- formed and may withhold the amount so deducted for the benefit of the laborers for daily or weekly wages, whose wages are unpaid as shown by the verified statements filed by any Con- tractor or subcontractor and may pay directly to any person the amount or amounts so shown to be due for such wages. Section 220-C of the Labor Law, as so amended, provides ,the penalty for making of a false oath or verification. Section 220-D of the Labor Law provides that the advertised specifications for every Contract for the construction, recon- struction, maintenance and/or repair of highways to which the State, County, Town and/or Village is a party shall contain the provision stating the minimum rate of hourly wage that can be paid, as shall be designated by the Industrial Commissioner, to the laborers employed in the performance of the Contract , either by the Contractor, subcontractor or other person doing , or contracting to do the whole or part of the work contemplated by the Contract, and the Contract shall contain a stipulation that such laborers shall be paid not less than such hourly minimum rate of wage. Any person or corporation that willfully pays C-11 HOLZYAtCHER, McMD0N f MtMR" p.C. / H2M CORP. COM"VINO aaNwa MO 1XV1WWMVnAL rciwnm CONTRACT - CONT'D. after entering into such contract less than such stipulated minimum hourly wage scale shall be guilty of a misdemeanor and, upon conviction, shall be punished for a first offense by a fine of Five Hundred Dollars ($500.00) or by imprisonment for not more than thirty (30) days, or by both fine and imprisonment for a second offense by a fine of One Thousand Dollars ($1,000. 00) and, in addition thereto, the Contract on which the violation has occurred shall be forfeited; and no such person or corporation shall be entitled to receive any sum or nor shall any officer' , agent or employee of the State pay the same or authorize its payment from the funds under his charge or control to any person or corporation for work done upon any contract: , on which the Contractor has been convicted of second offense in violation of the provisions of this Section. The minimum wage rates established by the Industrial Com- missioner, State of New York, for this Contract , are as set forth in the Information for Bidders. Section 1918 of the Penal Law, as amended, provides that no person shall discharge explosives in the ground, nor shall any person other than a state or county employee regularly engaged in the maintenance and repair thereof excavate in any then existing street, highway, or public place, unless notice thereof in writing shall have been given at least seventy-two hours in advance to the person, corporation or municipality engaged in the distribution of gas in such territory. The person having direction or control of such work shall give such notice and further, he shall ascertain whether there is within one hundred feet of such street, highway or public place, or in the case of a proposed discharge of explosives within a radius of two hundred feet of such discharge, any pipe of any person, corporation or municipality conveying combustible gas, and if any emergency involving danger to life, health or property, it shall be lawful to excavate without using explosives if the notices prescribed herein are given as soon as reasonably possible, and to disharge explosives to protect a person or persons from an immediate and substantial danger of death or serious personal in- jury if such notices are given before any such discharge is under- taken. Any such work shall be performed in such manner as to avoid damage to pipe conveying combustible gas. Any violation of the provisions of this Section shall be a misdemeanor. C-12 Hd2MACMEA, MCIENDON LL MWUU)A, P.C. I H2M CORP. CmsuLTIN0 Ooswun ANO 9mviammaiTAL 0090TIM CONTRACT - CONT'D. 13. (QUALIFICATIONS FOR EMPLOYMENT No person under the age of sixteen ( 16) years, and no person currently serving sentence in a penal or correctional institution shill be employed to perform any work on the project under this Contract . No person whose age or physical condition is such as to make his employment dangerous to his health or safety , or the health and safety of othors, shall be employed to perform airy work on this project ; provided, however, that such restriction shall not operate against the employment of physically handi- capped persons, otherwise employable, where each person may be safely assigned to work which they can ably perform. 14 . NON-DISCRIMINATION There shall be no discrimination because of race, creed or color in the employment of persons for work under this Contract , whether performed by the Contractor or any subcontractor. Neither shall the Contractor or any subcontractor discriminate in any manner against or intimidate any employee hired for the perform- ance of work under this Contract on account of race, creed or color. There may be deducted from the amount payable to the Con- tractor by the Town under this Contract a penalty of Five Dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of this paragraph; provided that for a second or any subsequent violation of the terms of this paragraph, this Con- tract may be canceled or terminated by the Town and all monies due or to become due hereunder may be forfeited. 15. PAYMENT OF EMPLOYEES The Contractor and each of his subcontractors shall pay each of his employees engaged in work on this project under this Contract in full ( less deductions made mandatory by law) in cash and not less often than once each week. C-13 HOLZMACHER. MCLENDON 6 MURRELL, !.C. / H2M CORP. CONSULTING ENGINENG AND ENVIRONMENTAL 8CIENTIM CONTRACT - CONT'D 16 . ESTIMATES AND PAYMENTS (a) Final Certificate: Thirty (30) days after the Contractor shall have substantially completed the work required of it under the Contractor the Engineer will prepare a final certificate of the re- maining amount of the Contract balance less a sum equal to two (2) times the value of any remaining items to be completed and less an amount necessary to satisfy any claims, liens or judgements against the items of work are satisfactorily completed or corrected, the Town shall promptly pay, upon receipt of a requisition for these items less an amount necessary to satisfy any claims, liens or judgements against the Contractor which have not been suitably discharged. Any claims, liens and judgements referred to in this seciton shall pertain to the project and shall be filed in accordance with the terms of the applicable Contract and/or applicable laws. (b) In order to secure the performance of the conversant of the Contractor, prior to release of the Performance Bond, the Contractor shall deliver to the Town a Maintenance Bond equal to one hunderd percent (100%) of the total Contract price, including all extras. This maintenance bond shall remain in the full force and effect for a period of one (1) year after the date of the final certificate and ' such bond, which shall be executed by the Contractor and issued by a reliable, solvent surety company authorized to do business in the State of New York shall guarantee to the Town that the Contractor shall promptly remedy any defects or faults that may occur within twelve (12) months after completion and acceptance of the work per- formed by the Contractor pursuant to this Contract. (c) The cost of the work performed under this Contract is. being reimbursed to the Town by New York State. Payment to this Contractor shall be made by the Town within five (5) calendar days after receipt by the Town of State reimbursement for the work. C-14 HOLZMACHM, M"NOON&MUMMA, P.C. J HZM CORP. OOMWLTINO INGUIRM ANO 9MVIMMMO/TM. OGIOMM CONTRACT - CONT'U. (d) Measurements for Payment : The Engineer shall make due measurement of the 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 the full measure of compensation to be received by the Contractor. When requested by the Contractor, the Engineer shall measure, re-measure or reg—estimate any portion of the work; but the expense of such re-measurenu.-ut or re-estimating shall , unless materiul error be proved, be paid for by the Contractor. 17. ACCEPTANCE OF FINAL PAYMENT rONSTITUTIsS Rl-JXASE The acceptance by the Contracuo r of the; final. payment shall be, and shall operate as a release to the Town from all claims and all liabilities to the Contractor for all things done or furnished in connection with this work and for every act ursd neglect of the Town and other relating to, or arl.sing out of, this work, excepting the Contractor's claims for interest upon the final payment , if this payments 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. 18. CONSTRUCTION REPORTS The Contractor shall submit to the Engineer prior to the commencing of any work under this Contract a detailed schedule and plan of operation, Indicating the manner in which the Contractor proposes to prosecute the work, and a time schedule therefore. 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 Contractor shall furnish the Engineer with periodic esti- mates 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 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 other than the Town as may be required by such existing laws or regulations. C-15 HOLZMACHER, MaLENOON i MURRELL. P.C. / H2M CORP. CONi1i tine o+mNwM AND VMWNMo1TM. GCIU M CONTRACT - CONT'D. 1g. INSPECTION AND TESTS All material and workmanship shall be subject to inspection, examination and test by the En<;ineer and other representatives of the Town at any time during the construction and at any and all places where manufacturing; of materials used and/or construct- tion is carried on. Without additional change, the Contractor shall furnish promptly all reasonable facilities, labor and muterials ueces- sary to make tests so required safe and convenient. If, at any time, before final acceptance of the entire work, the Engineer considers necessary or advisable an examin- ation of any portion of the work already completed, by removing or tearing out the same, the Contractor shall , upon request , furnish promptly all necessary facilities, labor and materials for such examination. If such work is found to be defective in any material respect , due to th,� fault of the Contractor or any subcontractor, or if any work siaall be covered over without the approval or consent of the ns��llrbewhether liable fornot thethe expensesbo�ll be defective, the Contractor �- or such examination and of satisfactory reconstruction. If, however, such approval and consent shall have been given, and such work is found to meet the requirements of this Contract , the Contractor onstructbonrinothenmannerfor herei.nexpense provided for the such examin- ation and rec thepayment of costs of extra work. The selection of laboratories and/or agencies for the in- spection and tests of supplies, materials or equipment shall be subject to the approval of the Engineer. Satisfactory documen- tary evidence that the material has passed the required inspec- tion and test must be furnished the Engineer prior to the incor- poration of the material in the work. Any rejected work shall be removed from the site of the project completely at the expense of the Contractor. C-16 d HOiZMACHFA,Md&N00N&WAR" P.C. I H2M CORK cot4""wa CWWUM AND INVINNUUWAL SCIp/T M CONTRACT - CONT'D. 20. PLANS AND SPFCIFICATIONS - INTERPRETATIONS The Contractor shall keep at the site of the work one copy of the flans 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 on the Plans shall have the same effect as if shown or mentioned respectively in both. In case of any conflict or inconsistency between the Plans and Specifications , the Plans shall govern. Any discrepancy between the 'figures and specifications shall be submitted to the Engineer, whose decision therein shall be conclusive. 21 . SUBSURFACE CONDITIONS FOUND DIFFERENT Should the Contractor encounter subsurface conditions at the site materially differing from those shown on the Plans or indi- cated 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 . 22. CONTRACTOR'S TITLE TO MATERIALS No material or supplies for the work shall be purchased by the Contractor or by any subcontractor subject to any chattel mortgage or under a conditional sale or other agreement by which an interest is titled toyalleseller. The materials and suppliesousedrbywarrants that he has goodd in the work. 23. SUPERINTENDENCE BY CONTRACTOR At the site of the work the Contractor shall employ a Con- e struction Superintendent or foreman who shall have full authority to act for the Contractor. It is understood that such represen- tative 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. C-1? A HOL,ZMACHER,UdDIDON i MtlRR" F.C. I HZM COW. 00""TINO annom Ano a ww#ma1TAL wiaaw" CONTRACT - CONT'D. 24. PROTECTION OF WORK PERSONS AND PROPERTY Precaution shall be exercised at all times for the proper protection of all persons, property and work. The safety pro- visions 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 Town or its Engineer to adequately safeguard the traveling public. Tile Contractor shall give notice to the owners of all utilities which may serve the area .and request their assistance in pre- determining the location and depth of the various pipes, conducts, manholes and other underground facilities. The Contractor shall , at all hours of the day, safely guard and protect his own work and adjacent property frloss or damage and shall replace or make good any such damage, injury unless such be caused directly by errors contained in the Contract documents, or by the Town 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 Town might be liable. The Contractor shall be liable for all injury or damage caused by his act or neglect, or that of his employees. 25. PATENT RIGHTS As part of his obligation hereunder and without any ad- ditional compensation, the Contractor will pay for any patent fees or royalties required in respect to the work or any part thereof and will fully indemnify the Town for any loss on account of any infringement of any patent rights , unless prior to his use in the work of a particular process or a product of a particular manuPo�tu� eisanlnfringemet of apatent. notifies nwriting that such process poduct C-18 HOLZMACHER, MdFNDON i MURR" P.C. I H2M CORP. CONSULTING OOOINIMAS AND LMVINOMMOOTAL SCIOVTiM CONTRACT - CONT'1). 26. REPRESENTATIONS OF CONTRACTOR The Contractor represents and warrants : (a) That he is financially solvent and that he is experienced in and competent to perfrom the type of work involved under this Contract and able to furnish the plant materials , supplies and/or equipment to be furnished for the work; and (b) that he is familiar with all Federal , State and Municipal Laws , ordinances and regulations which may in any way affect the work of those employed hereunder, including; but not limited to any special acts relating to t11e work; and (c) that such work required by these Contract Documents as Is to be done by him can be satisfactorily constructed and used for the purpose for which it is intended and that such construc- tion will not injure any person or damage any property; and (d) that Ste has carefully examined the Plans , Specifications , and the site of the work, and that from his own investigation he has satisfied himself as to the nature and location of the work, the character, location, quality and quantity of surface and sub- surface materials , structures and utilities likely to be encountered, the character of equipment, and other facilities needed for the performance of the work, the general local conditions which may in any way affect the work or its performance. 27. AUTHORITY OF THE ENGINEER In the performance of the work, the Contractor shall abide by all orders and directions and requirements of the Engineer and shall perform all work to the satisfaction of the Engineer, at such time and places, by such methods, and in such manner and sequence as he may require. The Engineer shall determine the amount, quality, acceptability and fitness of all parts of the work, shall interpret the plans, specifications, contract documents and any extra work orders and shall decide all cther questions in connection with the work. Upon request, the Engineer shall confirm in writing any oral orders, directions, requirements or determinations. The enumerat3rn herein or elsewhere in the contract documents of particular instances in which the opinion, judgment, discretion or determination of the Engineer shall control, or in which work shall be performed to his satisfaction or subject to his approval, or inspection, shall not imply that only matters similar to those enumerated shall be so governed and so performed, but without exception all the work shall be governed aniso performed. C-19 q HOLZMACHM MdMDON 6 MURRUA, P.C. I H261 CORP. COPOUL"NO 0461MM AND 9XVISONMOOM MQUMM CONTRACT - CONT'D. 28. SURVEYS The Engineer will furnish to the Contractor all layouts , measurements and lines and grades necessary for the execution of the work. When and as requested, the Contractor will fur- nish the necessary stakes and spikes for laying out such lines and grades and the unskilled labor necessary to place same. 29. CHANGES ANT ALTERATIONS The Town reserves the right to make alterations in the location, line, grade, plans, form or dimensions of the work, or any part thereof, either before or after the commencement of the 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 . 30. CORRECTION OF WORK All work and all materials, whether incorporated into the work or not, all processes of manufacture and all methods of con- struction shall be, at all times and places, subject to the in- spection of the Engineer who shall be the final judge of quality, materials, processes of manufacture and methods of construction suitable for the purpose for which they are used. Should they fail to meet his approval they shall be forthwith reconstructed, made good and replaced and/or corrected as the case may be, by the Contractor at his own expense. Rejected materials shall im- mediately be removed from the site. If, in the opinion of the Engineer, it is not desirable to replace any defective or damaged materials or to reconstruct or correct any portion of the work injured or not performed in accordance with the Contract Documents, the compensation to be paid to the Contractor hereunder shall be reduced by such amount as, in the 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, settlements, or shrinkages which may appear within one year following the date of the final certi- ficate. Neither the acceptance of the completed work nor C-20 HOI.iMACHEII, MdMWM i MURN" P.C. 1 HZM CORR raft ""M 01I41"EM AMD INVU MM081" macaw" CONTRACT - CONT'D. payment therefor shall operate to release the Contractor or his sureties from any obligations under or upon this Contract or the Performance Bond. 31 . WEATHER CONDITIONS In the event of temporary suspension of the 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 materials shall have been damaged or injured by reason of the 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. 32. THE TOWN'S RIGHT TO WITHHOLD PAYMENTS The Town may withhold from the Contractor so much of any approved payments due him as may, in the judgment of the Town, be necessary : (a) To assure the payment of just claims then due and unpaid of any persons supplying labor or materials for the work; (b) To protect the Town from loss due to defec- tive work not remedied, or (c) To protect the Town from loss due to injury to persons or damage to the work or property of other contractors or subcontractors or others , caused by tie act or neglect of the Contractor or any of his subcontractors . The Town shall have the right, as agent for the Contractor, to apply any such amounts so withheld in such manner as the Town may deem proper to satisfy such claims or to secure such protection. Such application of such money shall be deemed payments for the account of the Contractor. C-21 HOIZMACHEA, MdANDON i MURRIaLI, P.C. 1142M CORP. comsuLnme U#41WUR4 AND 9MVIMMMQIVAL SCID B" CONTRACT - CONT I D. 33. TII1: TOWN 'S 11 16111' TO STOP WORK Olt I'L:ItM I NA'I'I: (`ONTIIAC:T: I (a) The Contractor shin] be adjudged bankrul)L or make: 'an assignment for the benefit of creditors , or (b) A receiver or liquidator shall bo appointed for the Contractor for any of his propurt.y and shall out be dismissed within 20 days alter such appointment , or the proceedings in connection therewith shall not be stayed on appeal within the said 20 days, or (e) They Contractor shall. rel'ust? or 1'ail , alter notive or warning 1'rom the Engineer, to Supp I y enouE;le p rupor I y ski 1 1 ed workmen or proper maLeriuls, or ( d) The Contractor shall rol'use or fail to prosecute the work or any part thereof with such diligence as will insure its completion within the period herein speaci Pied (or uny duly authorized extension thereof) or shall fail to complete the • work within said periud, or (e) The Cunt raet.or shall fail to make preempt payment to persons supplying labor or materials for the: work, or ( f) The Contractor shall. fail or refuse to regard laws, ordinances, or the instructions of the Engineer or otherwise: be guilty of a substantial violation of any provision of this Contract , then, and in any such event , the Town , without prejudice to any other rights or remedy it may have, may by seven (?) days notice to the Contractor, terminate the employ- ment of the Contractor and his rights to proceed either as to the entire work or (at the option of the Town) as to any portion thereof as to which delay shall have occurred, and may take possession of the work and complete the work by contract or otherwise, as the Town may deem expedient . In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the compensation to be paid the Contractor hereunder shall exceed the expense of so completing the work ( including compensation for additional managerial , administrative and inspection services and any damages for delay) , such excess shall be paid to the Contractor. C-22 NOUMACHER, MCIANOON &MURR" P.C. / 112M CORP, CONSUL"NO 064310Ow+S ANO [NVIRONMo+TAL SC1091M CONTRACT - CONT'U. If such expense shall exceed the unpaid balance, the Contractor and his sureties shall be liable to the Town for such excess . If the right of the Contractor to proceed with the work is so terminated, the Town may take possession of and utilize in completing the work such materials, appliances , supplies , plant and equipment as may be on the site of the work and necessary thereof. If the Town does not so terminate Lite right of the Contractor to proceed, the Contractor shall continue the work. 34 . CONTRACTOR'S RIGHT TO STOP WORK OR TERMTNATE CONTRACT If the work shall be stopped by order of the Court or any other public authority, for a period of three munths without act or fault of the Contractor or of any of fits agents, servants, em- ployees or subcontractors, the Contractor , may, upon ten (10) days notice to Lite Town, discontinue his performance of the work and/or terminate the Contract, in which event the liability of the Town to the Contractor shall be determined as provided in the paragraphs immediately preceding, except that the Contractor shall not be obligated to pay to the Town any excess of the expense of completing the work over the unpaid balance of the compensation to be paid to the Contractor hereunder. 35. RESPONSIBILITY OF WORK The Contractor agrees to be responsible for the entire work embraced in this Contract until its completion and final acceptance, and that any unfaithful or imperfect work that may become damaged from any cause, either by act of commission or omission to properly guard and protect the work that may be dis- covered at any time before. the completion atld acceptance shall be removed and replaced by good and satisfactory work without any charge to the Town and that such removal and replacement will be performed immediately on the requirement of the Engineer, notwithstanding the fact that it may have been overlooked by the proper inspector, and partial payment made thereon. It is fully understood by the Contractor that the inspection of -the work shall not relieve him of any obligation to do sound and reliable work as herein prescribed, and that any omission to disapprove of any work by the Engineer at or before the time of a partial payment or other estimate shall not be construed to be an acceptance of any defective work. C-23 MOLMACHEA, Md ENWN a MLIRR" P.C. / HZM CORP. aWSULTWO OWN"" AND ENWADNMO M SCIET ISI CONTRACT - CONT'1). 36. USES OF PREMISES AND REMOVAL OF DEBRIS The Contractor expressly undertakes at his own expense (a) to take every precaution against injury to persons or damages to property ; (b) to store his apparatus , materials , supplies and equip- ment in such orderly fashion at the site of Lite work as will not unduly interfere with the progress of his work or Lite work of any of his subcontractors ; or other contractors ; (c) to place upon any of the complcll' d work Only such Super- imposed loads as are consistent with the safely of that. portion of the work; (d) to frequently clean up all refuse, rubbish, scrap materials and debris caused by the operations to Lite end that at all times the site of the work shall present a neat and orderly and workmanlike appearance ; (e) before final certificate, to remove all surplus material, temporary structures, plants of any description and debris of any and every nature resulting from his operations and to put the site in a neat and orderly condition. 37. POWER OF THE CONTRACTOR TO ACT IN AN EMERGENCY In case of an emergency which threatens loss or injury to property and/or safety to life, the Contractor will be permitted to act as he sees fit without previous instructions from the En- gineer. He shall notify the Engineer thereof immediately there- after and any compensation claimed by the Contractor due to extra work made necessary because of his acts in such emergency shall be 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, tie shall act as in- structed 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. WWQ_ M MCMDOW b MURK" P.C. / N2M COR'. CONSULTINO DMUMURO AND WVIRMUC UL •CKNTISM CONTRACT - CONT'1). 38. SUITS AT I.AW The Contractor shall indemnify and save harmless the 'i'own from and against all suits , claims , demands or actions for any injury sustained or alleged to be sustained by any party or parties in connection with the construction of the work or any part thereof, or any commission or omission of the Contractor , his employees or agents or any suhcontractors and in case any such action sha'11 be brought against the Town, the Contractor shall immediately take care of and defend the same at his own cost acid expense. 39. PROVISIONS R1:QUIRED BY LAW DEEMED INSEAV11-:1) Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein, and, if through mistake or otherwise, any such provision is not inserted or is not correctly inserted, then upon the application r, of either party, the Contract shall forthwith be physically amended to make such insertion. 40. SUBLETTING, SUCCESSOR AND ASSIGNS The Contractor shall not sublet any part of the work under this Contract, nor assign any money due him hereunder without first obtain- ing the written consent of the Town. This Contract shall endure to the benefit of and shall be binding upon the parties hereunder and upon their respective successors and assigns, but neither party shall assign or transfer his interest herein in whole or in part without consent of the other. 41 . WAIVER OF IMMUNITY If any person, corporation, or body contracting with the Town, who when called before a grand jury, head of a city department , or other agency, which is empowered to compel the attendance of wit- ness and examine them under oath, to testify in an investigation concerning any transaction or contract had with the state, any polit- ical subdivision thereof, a public authority or with any public department, agency or official of the state or of any political sub- division thereof or of a public authority, refuses to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant question concerning such transaction or contract, then C-25 MOLDAACNBA,MdDI00N i UIMM 1A. P.C. / N2M CORP. COmuLTINO Mew"" AND gm"mNMa aL KIENTIm CONTRACT - CONT'U. (a) such person, and any firm, partnership or corporation of which he is a member, partner, director or officer shall be disqual- ified from thereafter selling; to or submitting bids to or receiving awards from or entering into any contracts wilh any municipal corp- oration or fire district, or any public department , agency or official thereof, for goods , work or services , for a period of five years after such refusal (b) any and all contracts made with the Town or any agency or official thereof, by such person, and by any firm, partnership, or corporation of which lie is a member, partner, director or officer may be cancelled or terminated by the Town without incurring any penalty or damages on account 0.1, such cancellation or termination, but any monies owing by Mie municipal corporation for goods delivered or work done prior to the cancellation or termination shall be paid. r. C-26 HOLZMACHER, MCLENOON 6 MURRELL. P.C. / NZM CORP. CONSUL"000 MaIll"Af AND [NVIRONMOdYAL MGCNiIar! CONTRACT - CONT'D. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. TOWN OF SOUTHOLD BY: (TOWN SEAL) William R. Pell III , Supervisor (SEAL) Contractor BY: TITLE: STATE OF NEW YORK ) ) ss: COUNTY OF SUFFOLK) On the day of_ , 19__, before me personally came William R. Pell III , to me known, who being by me duly sworn, did depose and say that he is the duly elected Supervisor of the Town of Southold, County of Suffolk, New York, and that at a meeting of the Town Board of the Town of Southold, duly held on the day of 19 the said Board, authorized the said Super- visor to execute all and any contracts on behalf of the Board; that he knows the seal of the said Town, that the Seal affixed to the foregoing instrument is its corporate seal ; that it was affixed thereto by order of the said Board, and that he signed his name thereto and executed the said instrument on behalf of the said Town by like order and authority. NOTARY PUBLIC C-27 HOLZMACHER, WAKNOON a MURRELL, F.C. / H261 CORP. CONTRACT - CONT'D. ACKNOWLEDGMENT OF CONTRACTOR , II' A CORPORATION STATE OF NEW YORK) ) SS: COUNTY OF ) On this day of 19 before me personally came and appeared to me known, who by me being duly sworn, did depose and say that he resides at that lie is tile of • the Corporation described in and which executed the foregoing; in- strument , that. he knows the seal of said corporation, that one of the seals affixed to said instrument is such seal , that it was so affixed by order of the Directors of said corporation, and that he Y signed his name thereto by like order. NOTARY PUBLIC ACKNOWLEDGMENT OF CONTRACTOR, IF A PARTNERSHIP STATE OF NEW YORK) SS: COUNTY OF ) On this day of 19 before me personally came and appeared , to me known, and known to me to be one of the members of the firm of described in and who executed L the foregoing instrument , and lie acknowledged to me that he ex- ecuted the same as and for the act and deed of said form. NOTARY PUBLIC C-28 HbLZMACHER. McLENbON &MURRELL. P.C. i H2M CORP. tONS lL#INiii tH41 ki Alb ENvipoNMbf+AL eciENtitft fitNfvftAL CONDIT1014S i. Gti4tRAL CONDITIONS A, The "Generdi Cohditidhs" di-b hereby made a part of this SObificAtion acid Arb dttAbhed hbrbih. h. Where Any Aktiblb df the 'ibbfiekdi Cofiditiolis" is suppibffibhtbd hbi•bby, the provisidhs Of silch drtibib shdii reMAili iii effect. Ali the sUppiefitehtal provisiofis shAii bb cdh9idbr6d as added thereto. #fibre dhy such Article is dtNefided, Ooidbd dr sU&kseded thereby, thb pi-6�i- s18fis of such ai"ticie Hilt so spbbifibdiiy difibaded, Vdided or 80bi•- sbdbd shdii refrain iff bifebt. WdA material gfdfiL idbdr dhd dthei- regiiirl3ments df the Cefi- bi•di t8fidItions sfig b fdififshbd by the Cb ti-Abtbk. No dir6btd iNefft shdii be Mdde for thbsb 13bhbf•di CfifiditiiiNs, Afid payMefit 811111 b dbbWbd to be ihciddbd ifi thb b8fiti-Abt bkibb dr irdkidus itbfis df thb bht ikb biititract . Cdf4 tACT DOCUMEf tS fine Contract t1di2difibfit inciUde; biit drb hist iimited to, the fiefibkdi Conditions, Gehbral Sp'ebifi.,tidns, IbOtAiied SpeciHbdtiofis, ViAhs; Pf•oposai EorM, Cdf�t.i^abt dhd 8thbi- sbctiofls As bithei- bitbd dfi the index pages df abtbdiiy ifibiUdbd ifi the 66Uhd dbatftwAg. t;Abh section of the CdhtrAbt tldbiiifiehts is ifitbfidbd td f;b babib- ifibfitai6y to the other sebtidfis. It is intended thAt they ihbiddb Ali iteths df labor Afid fffiitbi-fhis; Afid eirerything reguif,ed Afid hecbssAi " td botNbfete the work9 elirh though some items of work tit HiAtbi•idls Way fidt bb pdrtitUidriy ffbfi- tidnbd ih every sectioff dr fitly hd�e been iHddvektefitly difiittbd fi,Hffi thb brawings or SpecificAtiohs iii• both. J: API?tOVAL OV sUIIc 9tftA&Of#.S ARD MAfih#tAt,S 6 l prior to cdMmefibing Affy wdrk Under this Contract, the CohtkAbt8f shAil st.ibmit to the tfigiffeet-, fdr Apprdidi A list of all the sU6- i:ohtrdctors and tnateridi silppiiei•s iib profidses to Use for this bAi- tidbt . No subcontractor or MdteriAi supplier will be permitted to db- liVer materials or perfdrih Ahy work iib this Conti-Act Until he has been approved by the thgihebr ih ikitifid. GC-i HOLZMACHER. MCLENDON 6 MURRELL. P.C. / H2M CORP. CONSULTING ENaINELRi AND ENVIRONMENTAL SCIENTISTS R GENERAL CONDITIONS (CONT'D. ) 4 INTERPRETATION OF DRAWINGS. ETC. A. In the event of discrepancies between the Drawings and the Specifications , the following order shall be given preference when making interpretations: 1. Addenda (later dates to take precedence over earlier dates) 2. Drawings (schedules or notes to take precedence over other data shown on Drawings) 3. Detailed Specifications 4. General Specifications 5. General Conditions B. On all plans, drawings, etc. , the figure dimensions shall govern in the case of discrepancy between the scales and figures. C. The Contractor shall take no advantage of any error or omi.,, ,ion in the Plans, or of any discrepancy between the Plans and Specifications, and the Engineer shall make such corrections and interpretations as may be deemed necessary for the fulfillment of the intent of the Specifications and of the Plans as construed by him, and his decision shall be final. D. All work that may be called for in the Specifications and not shown on the Plans, or shown on the Plans and not called for in the Specifications, shall be furnished and executed by the Contractor as if designated by both. Should any u,,,rk or material be required which is not denoted in the Plans and Specifications, either directly 6 or indirectly, but which is, nevertheless, necessary for the proper 1 carrying out of the intent thereof, it is understood and agreed that the same is implied and required, and that the Contractor shall per- form such work and furnish such materials as if they were completely delineated and described. .k 5. ADDITIONAL WORK Additional work, if required to be performed under this Contract, will be in accordance with the applicable paragraphs of the Contract . The Engineer shall be the sole judge as to whether such work was in- tended as part of the Contract or is in addition thereto. GC-2 HAI- Mg"ER. II I pp" $1 MUft"" P.C. ! H2M CORP. 4 P1�11ETlll1! �IlQl�Ipop MSIR WwWW"T4, KIPNTIF4 4 GFNFRAL CONDITIONS (CONTVD.) d. OCCUPATIONAL SAFRTX ANA HFADTH ACT The Contractor shall meet All Standards of the Occupational 94fpty and Health Apt of 1970 and subgpqupnt reViston. This 0411 tnplNdep but not be limited to, the following areas: Sanitatlonp P0.9pr radiations RAsps# VAporSy fumes, mists$ dusty illumination, Ventilation prAtpptiVp pquipment , fire proteptioop WAgtp disposalp electrical haZArdS; gpaffAldg and laddersp floor , holpg and Wail operrirrggp and heavy equipment . All gppptfip rpquirp- menu of the Apt shall he adhered tO. 7. 5AFFTY PROVISIONR The Contractor shAll toO every precaution and shall proVide puph ppIpmpnt and fAptlittop Ap Arp oeppggAry or required for the §Rfpty Of his emplAypps. In page of an Appidpotp first aid shall be administered to any Who MAY be tnaured to the prOgregs of the Work, In Addition? the Cootraptor Shall Argo be prppared for the rpmAValy to the hospital for treatment $ of any employee either seriously in- aurod or ill. H. HANITARY RRGULATIONH AQ To addition to pompliAnpe With the OppupAtionAT Safety and Health Act? the OAntraptor shall erect and maintaio neppgsAry sant- tart' ponYpn*encpg for the use of emplAypps on the Work. Suph Pon- Vpoipocps shall be Properly pecludpd from AbgerVAtton, And their upp shAll be Strictly pnfArppd, Suph sAottAry cooVpnieocp$ shATT be pAnStructed in pomplianpp With All TAWS OrdinAoppS Or rpoulO Ong gpVprning thege facilitipgo Thp cootpolp of the pomp shAll be ro- mAVpdj With Ppfficient frpquenpy to prpVpnt ouisanpe, And dtppAped of to the Sat is f apt ipo Of the guff ioeer s H. The Cootr4POr ShR U Abet' And enforce Suph Other P4AttAry 5 regulations and orOrg and Shall take such prpcAutiong 494iogt in- fpptiAug diSeaspg ap may be depmpd npppggAry• In pope Any tnfeptiAu& d!§pAgpS occur Among hip pmployepgj he ghATT Arrange for the immediate rpmoVAl of the patient from the Work and his isolAtion from All Iyer- .,� poop connected With the Work. C. The huiadIpg Of shantteS or Other gtructurps for houginff the men, tpols9 machinery Or gppplieS Will be permitted only at apprAVpd pT#ppg$ and the Sanitary ponditiAn Of the 9roun4S in and At such ghAntieg or other strupturep must ? At all timpgp be maintAtned to a Satisfaptory manner. GC-� HOLZMACHER, McLENDON&MURRELL. P.C. I H2M CORP. CONSULTING ENGINEERS AND ENVIRONMEWAL SCIENTISTS GENERAL CONDITIONS (CONT'D. ) 9. RESPONSIBILITY OF ENGINEER AND CONTRACTOR DURING CONSTRUCTION A. The Engineer is responsible solely for the general and/or detailed inspection of the work being performed. Such inspection will be periodic and strictly to assure conformance of the Contractor with the Plans and Specifications, such that the end product will conform to the Plans and Specifications. B. The Contractor is responsible for complete conformance to the Plans and Specifications, proper construction procedures ; co- ordination with subcontractors, other contractors and utilities, and safe working conditions for his employees. 10. LABOR A. All contractors and subcontractors employed upon the work shall and will be required to conform to the Labor Laws of the State of New York and the various acts amendatory and supplementary there- to; and to all other laws, ordinances and legal requirements applicable x thereto. B. All labor shall be performed in the best and most workman- like 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. 11. CONTRACTOR' S REPRESENTATIVE The Contractor, in case of his absence from the work, shall have a competent representative or foreman present, who shall follow with- out delay all instructions of the Engineer or his assistants in the prosecution and completion of the work, in conformity with this Con- tract , and shall have full authority to supply labor and material immediately. The Contractor shall also have a competent representa- tive available to receive telephone messages and provide a reasonable 6 reply as soon as possible, but not later than twenty-four (24) hours. 1 GC-4 HOLZMACHER, MdMDON 6 MURRELL, P.C. 1 HZM CORP. CONSULnNO WGINUM AND WVIMMMWTAL scla nsrs GENERAL CONDITIONS (CONT'D J 12. INCOMPETENT EMPLOYEES The Contractor shall employ only competent , skilled and faithful men to do the work. Upon request of the Engineer in writing, the Con- tractor shall suspend or discharge from the work any disobedient, dis- orderly or incompetent person or persons employed thereon, and will not again employ any person so suspended or discharged without the consent of the Engineer. This requirement shall not be made on the basis of any claim for compensation or damages against the Town or any of its officers or agents. 13. CLAIMS OR PROTESTS If the Contractor considers any work required of him to be out- side the requirements of the Contract, or considers any record or ruling of the Engineers or Inspectors as unfair, he shall ask for written instructions or decisions immediately, and then file a writ- ten protest with the Town against the same within five (5) days thereafter, or be considered as having accepted the record or ruling. r 14. NOTIFICATION. INTERFERENCE AND INJURY TO UTILITIES A. The Contractor shall cooperate in every way with the Utility Companies. B. The Utility Companies shall be notified in accordance with Section 1918 of the Penal Law of the State of New York, entitled "Construction or Blasting near Pipes Conveying Combustible Gas'" and with Article 20, Section 322-a of the New York State General Business Law. 6 C. All conduits, water mains and gas mains encountered in the 1 construction shall be properly and safely taken care of by the Con- tractor, who shall, upon encountering same, notify the public corpora- tion to whom they belong, in order that they may be changed in such a manner as not to interfere with the final construction. D. In case any damage shall result to any service pipe for water ` or gas, or any private or public sewer or conduit by reason of negli- gence on the part of the Contractor, he shall, without delay and at his own expense, repair the same to the satisfaction of the Engineer, and in case such repairs are not made promptly or satisfactorily, the Town may have the repairs made by another Contractor or otherwise, and deduct the cost of same from any monies due or to become due the Con- tractor. GC-5 HOLZMACHER, McLENDON A MURRELL. P.C. / H2M CORP. ODNSULnmo DWINKAS AND UMNONMWTAL 80ENTIM GENERAL CONDITIONS (CONT'D.) 15. INFRINGEMENT OF PATENTS The Contractor further agrees to hold himself responsible for any claims made against the District for any infringement of patents by the use of patented articles in any one phase of construction of the work and the completion of same, or any process connected with the work agreed to be performed under this Contract , or of any materials used upon the said work and to save harmless and indemnify the Town from all costs, expenses and damages which the Town shall be -obliged to pay by reason of any infringement of patents used in the construc- tion and completion of the work. 16. DAMAGES All damage, direct or indirect, of whatever nature resulting from either the performance of, or resulting to the work under, this Con- tract during its progress from whatever cause, shall be borne and sus- tained by the Contractor, and all work shall be solely at his risk until the date of the final certificate. 17. GUARANTEE WARRANTY This Contractor shall guarantee and warrant his work and that of his subcontractors against defects in workmanship and/or material for a period of one (1) year from the date of final certificate by the Engineer except as otherwise specified. Upon written notification from the Engineer, the Contractor shall repair, replace or reconstruct such defects to the satisfaction of the Engineer at no cost to the Town. 18. STANDARDIZATION The DETAILED and General Specifications indicate specific manu- facturers and/or catalog numbers, etc. , for the purpose of standardiza- tion within the Town in order to minimize stockpiling of replacement parts. 19. DEFINITIONS i The words "or approved equal" as hereinafter used shall refer to the use of an equal product that has received prior approval by the Consulting Engineer for the Town. The word "Engineer" refers to HOLZMACHER, McLENDON & MURRELL, P.C. , Consulting Engineer for the Town of Southold. GC-6 HOLZMACHER, MCLENDON 6 MURRELL. P.C. / H2M CORP. coNsuLnNO Emaimme Amo twistommew" savaisn - GENERALCONDITIONS CONT'D. ) w 20. CLAIMS ARISING FROM DELAY This Contractor shall not hold the Town, the Engineer or their officers, agents and employees responsible for any liability, claims, losses or damage arising out of the failure to perform, delay, or poor workmanship by another Contractor. Any claim by this Contractor arising out of the failure to perform, delay, or poor workmanship by any other contractor shall be filed against said other contractor which has failed to perform, caused a delay or utilized poor workmanship. GC-7 HOLZMACHER,McLENDON& MURRELL,P.C.1 H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS GENERAL SPECIFICATIONS w THE ITEMS HEREIN REFERRED TO ARE THE ITEMS OF THE SUFFOLK COUNTY DEPARTMENT OF PUBLIC WORKS SPECIFICA— TIONS ADOPTED NOVEMBER 1 , 1968 AS AMENDED. THESE SPECIFICATIONS SHALL BE INCORPORATED BY REFERENCE AND SHALL APPLY AS IF DETAILED IN FULL, UNLESS HEREIN MODIFIED. GS-1 HOLZMACHER,McLENDON&MURRELL, P.C.I H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS GENERAL SPECIFICATIONS GENERAL REQUIREMENTS The successful Bidder shall furnish and deliver to the project site asphaltic concrete of an approved quality which shall meet the require- ments shown under its respective item for the kind of material furnished. For any item, the material furnished shall show uniform test . QUANTITIES OF BITUMINOUS MATERIALS The Contractor must furnish to the Engineer a certified copy of the weights of the asphaltic concrete materials as they are delivered. A separate certified ticket from the plant will be required for each individual truck load of material indicating the material type, and amoun measured in TONS. MATERIALS The materials shall be in accordance with the material's details for the respective items in the Suffolk County Department of Public Works ' Specifications, except as modified in the Technical Specifications of this Contract . r DELIVERY All materials shall be deliverable upon a minimum advance notice of 48 hours. Deliveries shall be made on week days (Monday thru Friday) between the hours of 7:00 AM and 5 :00 PM prevailing time, as ordered. Delivery shall be continuous throughout the daily paving operation at the project site. COORDINATION Materials shall be delivered when and as directed by and to the approval- of the Engineer; deliveries shall be carefully coordinated with the work being done by others on the project site. The work under this Contract shall be intimately coordinated with the work of the Contractor which is placing the asphatlic concrete pave- ments at the project site. This Contractor shall deliver the specified materials in accordance with the paving schedule, which shall be furnishe by the Contractor which is placing the materials, no less than 48 hours before paving is to commence. GS-2 HOLZMACHER, McLENDON 3 MURRELL, P.C.I H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS GENERAL SPECIFICATIONS (CONT'D. ) COORDINATION (CONT'D) It is the intent of this Contract to insure a continuous , high quality paving operation , and to minimize lay-over of loaded vehicles at the job site. Asphalt concrete .which arrives at the job site ahead of schedule, and cannot be laid prior to cooling below adequate temperature, shall be removed and disposed of at this Contractor's expense. This Contractor shall be solely responsible for damages incurred to himself or others if he is unable to furnish and deliver the specified materials within reasonable conformance with the paving schedule. UNLOADING OF MATERIALS All asphaltic concrete materials will be unloaded directly into the Paving Contractor's paving machine. No materials will be stockpiled, for whatever reason. This Contractor will be responsible for holding the asphalt concrete materialin his delivery vehicles for a reasonable period of time, if the paver becomes temporarily backlogged. This Contractor will maneuver his delivery vehicles as required to deposit the asphalt concrete materials into the Paving Contractor' s self propelled machine, fully facilitating the Paving Contractor's operation. This Contractor shall intimately coordinate his dumping and maneuvering so as to optimize pavement quality and expedite installation. MEASUREMENT AND PAYMENT The unit prices bid shall be full compensation for manufacturing, furnishing, and delivering to the project site the specified asphalt concrete pavement materials, and shall also include materials, labor, equipment, and incidentals necessary to complete the work satisfactorily. APPROVALS Prior to executing agreements with any subcontractors and/or suppliers, the Contractor shall submit the name(s) of the subcontractors and/or material suppliers to the Engineer for written approval . GS-3 HOLZMACHER, MdINDON A MURR" P.C. / H2M CORP. CONSULTING IE NGINELRS AND ENVIRONMENTAL SCIENTIST; x a TECHNICAL SPECIFICATIONS HOLZMACHER,McLENDON&MURRELL,P.C.I H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS x ITEM a — F- 1A TOP 1.0 SCOPE Under this Item, the Contractor shall furnish and deliver type 1A top asphalt concrete to New Suffolk Avenue and certain intersecting side streets, generally between Camp Mineola Road and Meadow Lane, as directed by and to the approval of the Engineer. 1.1 MATERIALS The material shall be TOP course asphalt concrete type 1A, meeting all of the requirements for lA top asphalt as specified under' Item 51-F, Asphalt Concrete Type 1A, Two Courses'; of the Suffolk County Department of Public Works' Specifications of November 1 , 1968, as Amended. This material shall be the top course of the two-course surface specified as Item 51-F: The plant at which the materials are manufactured, as well as the method of manufacturing, including preparation of aggregates, quality of aggregates , heating, batching, mixing, quality of bituminous material, and adherence to job mix formula, shall be in strict conformance with Part II, Section 8 of the Suffolk County Department of Public Works ' Specifications of November 1, 1968, as amended. The material shall $e supplied to the project site at a temperature which is no less than 25 F above the minimum paving temperature as specified in Part II , Section 8 of the Suffolk County Department of Public Works' Specifications of November 1 , 1968, as amended. 1.2 METHOD OF MEASUREMENT The quantity to be paid for under this Item shall be the number of tons of material which are delivered in accordance with this specification, the paving schedule as established by the Paving Contractor, and the orders of the Engineer. No payment will be made by the Town for material which is not utilized for pavement construction on this project . The quantity shall be measured using the certified weight of each load supplied to the Paving Contractor on the project . Where only a fraction of a load is placed, the Engineer will determine what fraction of the load was utilized, and adjust the certified weight accordingly. TS-1 HOLZMACHER,McLENDON 3 MURRELL,P.C.I H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS v , ITEM 51-F, lA TOP (CONT'D. ) 1.3 BASIS OF PAYMENT The unit price per ton for this item shall include the cost of furnishing all labor, materials amd equipment necessary to complete the work including bitumen , aggregate , mixing, transport , and delivery. y TS-2 HOLZMACHER,McLENDON&MURRELL,P.C.I H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS ITEM 51-F, BINDER 2.0 SCOPE Under this item the Contractor shall furnish and deliver binder type asphalt concrete to New Suffolk Avenue and certain intersecting side streets, generally between Camp Mineola Road amd Meadow Lane, as directed by and to the approval of the Engineer. 2.1 MATERIALS The material shall be binder course asphalt concrete meeting all of the requirements for asphalt concrete as specified under"Item 51-F, Asphalt Concrete Type 1A, Two Courses" , of the Suffolk County Department of Public Works' Specifications of November 1, 1968, as amended. This material shall be the bottom course of the two-course surface specified as Item 51-F. The plant at which the materials are manufactured, as well as the method of manufacture , including preparation of aggregates, quality of aggregates, heating, batching, mixing, quality of bituminous material , and adherence to job mix formula, shall be in strict conformance with Part II, Section 8 of the Suffolk County Department of Public Works' Specifications of November 1, 1981, as amended. Y The material shall b8 supplied to the project site at a temperature which is no less than 25 F above the minimum paving temperature as specified in Part II, Section 8 of the Suffolk County Department of Public Works'Specifications of November 1, 1968, as amended. 2.2 METHOD OF MEASUREMENT The quantity to be paid for under this item shall be the number of tons of material which is delivered in accordance with this specification the paving schedule as established by the Paving Contractor, and the orders of the Engineer. No payment will be made by the Town for material which is not utilized for pavenent construction on this project . The quantity shall be measured using the certified weight of each load supplied to the Paving Contractor on the project . Where only a + fraction of the load4s placed, the Engineer will determine what fraction of the load was utilized and adjust the certified weight . accordingly. 2.3 : BASIS OF PAYMENT The unit price bid per ton for this item shall include the cost of furnishing all labor, materials, and equipment necessary to complete the work, including, bitumen, Eggregate, mixing, transport , and delivery. TS-3 HOLZMACHER,McLENDON&MURRELL,P.C.I H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS ITEM 51-Y, SHOULDER ASPHALT 3.0 SCOPE Under this Item the Contractor shall furnish and deliver Shoulder Type Asphalt Concrete to New Suffolk Avenue and certain intersecting side streets, generally between Camp Mineola Road and Meadow Lane, as directed and to the approval of the Engineer. 3.1 MATERIALS The material shall be shoulder course asphalt concrete meeting all of the requirements for shoulder asphalt as specified under "Item 51-Y- Asphalt Concrete for Shoulders", of the Suffolk County Department of Public Works ' Specifications of November 1, 1968, as amended. The plant at which the materials are manufactured, as well as the method of manufacture, including preparation of aggregates, quality of aggregate, heating, batching, mixing, quality of bituminous material, and adherence to job mix formula, shall be in strict conformance with Part II, Section 8 of the Suffolk County Department of Public Works'Specifications of November 1, 1968, as amended. 4 The material shall 8e supplied to the project site at a temperature which is no less than 25 F above the minimum paving temperature as specified in Part II., Section 8 of the Suffolk County Department of Public Works' Specifications of November 1, 1968, as amended. 3.2 METHOD OF MEASUREMENT The quantity to be paid for under this item shall be the number of tons of material which are delivered in accordance with this specificatio , the paving schedule as established by the Paving Contractor, and the orders of the Engineer. No payment will be made by the Town for material which is not utilized for pavement construction on this project . The quantity shall be measured using the certified weight of each load supplied to the Paving Contractor on the project. Where only a fraction of a load is placed, the Engineer will determine what fraction of the load was utilized, and adjust the certified weight accordingly. 3.3 BASIS OF, :PAYMENT The unit price bid per ton for this item shall include the cost of furnishing all labor, materials and equipment necessary to complete the work, including bitumen, aggregate, mixing, transport , and delivery. TS-4 HOLZMACHER. MCLENDON a MURRELL. P.C. / H2M CORP. CONSULTINO E NGIMMS ANO 9NVIWMMTAL SCIENT M LOCATION MAP SOUTHOLD TOWN HALL t: `oJ�ti p p ff�fff qh i/.. • .i��. '��: t- •: ••1 • •+ f(Y+hi yv ~ �P •,••.,• rip (f s•.`t FEWUFOLK i►;, AVE . :. ;•:• j PROJECT'�� i LOCATION \rO i '\ 1 LM-1 } n � 4 M �Aa: Yi N `i.12 Y f � - h mz { �3 — .vAr� i no PY k4 M2 4 � � as 3 ;b41, HOLZMACHER,McLENDON andMURRELL,P.0 Consulting Engineers. Environmental Scientists and Planner Melville,N.Y. Farmingdale,N.Y. Riverhead.N.Y 4 DK OFRMEZ> PCOY qTOIN Ipw wVU ID F C d lr A SUFFOLK COUNTY NEW YORK �P J CONTRACT AND SPECIFICATIONS Cdr FOR FURNISHING AND DELIVERING BINDER, TOP, AND SHOULDER COURSE ASPHALT CONCRETE u TO NEW SUFFOLK AVENUE PROJECT NO. SORT 81-06-A d - r q a r Y -All TOWN BOARD Supervisor � William R. Pell III Councilmen � f < Henry W. Drum Francis T. Murphy Larry W. Murdock Jahn J. Nickles � . Justice F r r : Francis T. Doyen SUPT. OF HIGHWAYS TOWN CLERK Raymond C. Dean Judith T. Terry x S+Afi�ah SEPTEMLER 1981 HOLZMACHER,McLENDON and MURRELLYX Consulting Engineers. Environmental Scientists and Planners r Melville,N.Y. Farmingdale,N.Y. Riverhead.N.Y. d : , HM ZMACHL% MOUNDO&MURULL. P.C. / HN CORP. C NSULTRA OWMU AND 10MONKMAI$COM T! INDEX TOWN OF SOUTHOLD FURNISHING AND DELIVERING BINDER, TOP, AND SHOULDER COURSE ASPHALT CONCRETE TO NEW SUFFOLK AVENUE PAGE . Index I - 1 page Notice to Bidders NB - 1 page Information for Bidders IB - 12 pages Proposal P-A thru P-D Indemnity, Limitation of Liability ILL - 1 page Contract C - 28 pages General Conditions GC - 7 pages General Specifications GS - 3 pages Technical Specifications TS - 4 pages Location Map LM - 1 page HOLZMACHER,McLENDON&MURRELL,P.C.I H2M CORP. CON"TINU ENOINEERS AND ENVIRONMENTAL.SCIENTISTS NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN that SEALED BIDS will be received by the Town Clerk of the Town of Southold at the Town Hall, Main Road, Southold, New York, until 10: 00 A.M.'* prevailing time, on Thursday, Sept. 24, 1981. at which time and place they will be publicly opened and read for the following contract: FURNISHING AND DELIVERING BINDER, TOP, AND SHOULDER COURSE ASPHALT CONCRETE TO NEW SUFFOLK AVENUE The above item must conform to the Specifications of the Suffolk County Department of Public Works for Item 51-F - Asphalt Type lA (TWO- Courses)- and Item 51Y - Asphalt Concrete for Shoulders. Specifications may be obtained on or after Sept. 17, 1981 at the Town Hall .and offices of the Consulting Engineers,. HOLZMACHER, MCLENDON & MURRELL, P.C. , 209 West Main Street, Riverhead, New York, 11901 , and 125 Baylis Road, Melville, New York, 11747, upon deposit of twenty-five dollars ($25. 00) for each set furnished. Deposits for Specifications will be refunded to bidders who return Specifications within ten (10) days in good condition; other deposits will either be partially or not refunded if the Specifications have not been returned in good condition within thirty (30) days after bids have been opened. Each Proposal must be accompanied by a certified check or bid bond in the amount of five percent (58) of the total bid, made payable to William R. Pell, III , Supervisor, Town of Southold, as set forth in the Information to Bidders. The Town reserves the right to reject any or all bids, to waive any informalities and to accept such alternate bid which, in the opinion of the Town Board, will be in the best interests of the Town. BY ORDER OF THE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK JUDITH T. TERRY, TOWN CLERK TOWN OF SOUTHOLD SOUTHOLD, NEW YORK 11971 DATED: SEPTEMBER 8, 1981 t NII-1 HOtZMACMER. Md ANOON i MURK" P.C. I N2M CORP. c w",nma U44MES s AND 1X"a0WMQrµ OCio+Yias INFORMATION FOR BIDDERS BIDS FOR PROJECT The Town of Southold will receive SEALED PROPOSALS for Furnishing and Delivering Binder, Top, and Shoulder Course Asphalt Concrete to New Suffolk Avenue, Town of Southold, County of Suffolk, New York. TIME AND PLACE OF BID Bids are to be submitted in opaque envelopes and will be received by the Town of Southold at the Town Hall, Main Road, Southold, New York, not later than 10:00 A.M.,Prevailing Time, Thursday, Sept. 24, 1981 , at which time and place they will be publicly opened and read aloud. Use of the mails shall be at the Bidder 's own risk, and the Bidder shall be responsible for physical delivery of the Bid at the time and place set for opening of Bids. BID ENVELOPE All proposals and either the certified check or bid bond must be placed in a sealed envelope bearing the Bidder' s firm name and address marked, "Protect No. SOHT 81-06-A Proposal for Furnishing and Delivering Binder, Top, and Shoulder Course Asphalt Concrete to New Suffolk Avenue, Town of Southold, County of Suffolk, New York" , but otherwise unmarked. If mailed, this envelope shall be placed in another envelope addressed to Town Clerk, Judith T. Terry, Town of Southold, Town Hall , Main Road, Southold, New York 11971. Use of the mails is at the Bidder' s risk. ' IB-1 HOL=MACHEA.MCLENOW&MWA" P.C. / HZM CORP. p wtNNi 04#"W& AMO 9MVIMMIA90AL MGw*isle INFORMATION FOR FITDDERS (CONT'D. ) SPECTUCATION pEPOSITS (a) Deposits for specifications will be colopletely refunded to Bidders who ratut�n Baine in good condition within ton (10) days after Biiriders will receive of bids. Dive one-half of the do posit amount r. dders tur specfications returned after ten (10) days and before thirty (30) days following the bid date. (b) Deposits for specificationswill be completely mhletelyhrofunded to non-bidders who return same in good condition Of receipt of said specifications. Non-bidders will receive one--half the deposit amount for specifications returned in good condition within tendo -bidderthe bsdafter.teno(10) osit daysffollowingltha tions will bea refunded tonon bid date. ID-2 HOLZMACHER, McLENDON i MURRELL, P.C.I H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTIbIS INFORMATION FOR BIDDERS (CONT'D. ) SPECIFICATIONS Complete sets of specifications for the inspection of prospective bidders will be found on file with the Town Clerk, Town of Southold, Town Hall, Main Road, Southold, New York, and at the office of Holz- macher, McLendon a Murrell, P.C. , Consulting Engineers, 209 West Main Street, Riverhead, New York, or 125 Baylis Road , Melville, New York. All contractors must leave their names, phone numbers and correct mailing addresses upon receipt of the specifications. VERBAL ANSWERS The Town, its agents, servants or employees, or the Engineer, will not be responsible in any manner for verbal answers to any in- quiries regarding the meaning of the contract specifications given prior to the awarding of the contract. EXAMINATION OF SITE Bidders must satisfy themselves by personal examination of the location of the proposed work and of the actual conditions and require- ments of the work, and shall not, at any time after the submission of a proposal, dispute or complain of such estimate or assert there was any misunderstanding in regard to the scope of the work. PROPOSAL The Form of Proposal contained herein shall be used in making out bids. Any proposal not in accordance with these instructions, or con- taining bids not asked for, may be rejected. IB-3 MOLZMACHM, McLENDM i MUM" P.C. I F12M CW. CONWLiiNO DOGW99U AND DMOMMUML MUMM INFORMATION FOR li l t►t►IikS (CONT' 1) ) As the estimates of quantities of items stated in the prc�pc�sat are approximate only, bidders are required to submit their prc►posal upon and in the following express conditions , wbich shall ,,q)Iy and become a part of every proposal received . liach bidder shall fill out , in ink , in bath words and fii;ures . in the spirces provided . his unit or lump sum bi (I , as the case uiay be , for each i tem in sir id Form of proposal for wh i , 11 he is ;iubuii;t t i ng a bid. No bid will be considered whichdoes not include hills for .rll items n [h- — o osa If the contract is not executed by the 'i,own within forty- five (45) days after the receipt of bid' , the obligation of the bidder under this proposal may terminate at his option and he sl►all there- upon he entitled to a refund of his certified check or release of his bid bond furnished by him as security with his proposal , p I D OND OR CERTIFIED CHUCK Each proposal from a contractor shall be accompanied by a bid band 'r certified Check oil a solvent bank of the State of New York , in the amount of five percent (St) of the total bid . Such check shall be made payable to William R. Pell III , Supervisor, Town of Southold, New York. and the amount thereof shall be the measure of liquidated damages ►vhlch the Town will sustain by the failure, neglect or refusal of the bidder to exec►rte and deliver the contract , should ti►e contract be awarded to him. The checks of all unsuccessful bidders will be returned upon the rejection of bids and the execution of the contract by tire parties ; alio, tl►e check of the successful bidder will he returned upon the execution of the contract and tilehi furnishing of the r►;qu i red bond. NAME Of BIDDER Each bidder must state in bis proposal , his full name and busi- ness address , and the full naIle of every person, firm or corporation interested in the same, and the address of every person or firm or president and secretary of every corporation interested with him. If IB-4 NOI UMMEA.MdMDON i WAR" P.C. 1 MSA CORD. • 600"111011 owateuas Alto wVUX)"~AL aiartum INFORMATION I:OR I1 I DDIi 1 (CONT'I1. ) no other person, be so interested, lie must distinctly state that Cact , also that his proposal is made without any connection directly- or in- directly with any other bidder for tine work p.►rticularly mentioned in his proposal ; tlljt it is in all respects without fraud or collusion, and that no person acting for or employed by the; Town is directly or indirectly interested therein, or in the supplies of work to which it relates, or in any portion of the prospoctive profits thereof. QUALIFICATIONS OFRIL. (1 ) The Town reserves the right to waive any informalities in, or reject any and all bids . The Town reserves the right to re- ject any and all bids which do not conform to the proposals , or upon which the bidders do not comply with the requirements of the Town as to their qualifications , (2) All bidders must prover to the st►tisfaction of the Town that they are reputable, reliable and responsible , and that they 1105- suss the necessary qualifications to successfully deliver the proposed equipment , and that they have performed and completed successfully similar work to an extent which , in the opinion of the Town , will qualify them by experience to perform the work which is proposed. (3) In determining the qualifications of .► bidder, the Town will consider his record in the performance of any contracts entered into by him for the work contemplated or of ' similar nature, may make such investigation as it deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the Town all such information and data for this purpose as tho Town may request. (4) The Town shall be the sole judge of the qualifications of the bidders and of the merits thereof and reserves tinea right to reject any bid if the record of cite bidder in the performance of contracts . payment of bills and meeting of obligations to subcontractors , material - men or employees is not satisfactory to tlee Town, or if the evidence submitted by or the investigation of such bidders fails to :►►►tisfy the Town that he is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. GUARANTEE BOND The successful bidder shall be required to furnish at. the execu- tion of the contract an executed bond of a surety company authorized Ili-S HOLZMACHEA, WICUNOON i MUR"LL- P.C. I HZM CORP' OON�e1L11N0 QIAW"AW Amo VMVis"M00AI WCAIT1STS I N FORMATION FOR BIDDER (CONT. I1) to do business ill the State of New York and al,l,roved by the TO',n in an amount equal to one hundred I)ercent ( 100" ) ut' the tut;ll auiullnt of the contract , g1laranteeing to the Town the faithful performance of the cu►►tract , alld payu►ent of all claims for materials , 1;11)ul. and wages in connection therewith . 5 I GNATIIRG OF CONTRACTOR The bidder to whom a contract muy be 'will"Iell shall at "nd at the office of the Town, with the sureties Offered by him, within -,even (7) days , Sunday excepted , after tl►e ►late of 1101i ficatiun by mai I of t h�� acceht.►l►ce u t' I► i s proposa 1 , an&l there s i gi► t Ile con t r;►c t ill quadrupl i c:►tc for the work and furnish al,I,rOvrd security I'or its I,rrt•urnlance . In case of failure to do so, the bidder shall he cunsi►Icred as having abandone►1 the s:une , and the check accoml), the his I"011boiidosal silo 1 1 be forfeited to the 'town , or the penalty of the bid Uul►d spa 11 be invoked. CONTRACTOR 'S INSURANCE The contractor shall not commence any work lentil he has obtained • and had approved by the 'town all of tI►e insurance specified and required in the contract . WAIVER OF IMMIINITY Attention of the bidder is hereby directed to the requirements of tl►e General Municipal Law of the State of New York anurding dl�in llr►of`ular to as3indicate►d onneral Page C-20 ofatheJcontract. Immunity,,, ItFSPONSIIITLITY I'()It BIDDER Attention is hereby particularly directed to the provisions of the contract whereby ti►e contractor will be responsible for any loss or damage that may happen to the material or any part thereof during its delivery ; and also whereby the contractor shall make: good any defects or faults due to materials or workmanship within twelve ( 12) months after its delivery, and acceptattce. t is-6 w i101.iMACMM,Mt:MCM w MU"" P.C. 1 N2M CW- commnnw 040INIM Mo j"MMM6M1?A4 WUN"I t • INFORMATION FOR BIDDERS (CONT'D. ) In order to secure the performance of tile: covenant of t.lie ron- tractor, the Town shall retain the Guarantee bond during the period of one (1) year from the date of the Engineer ' s final certificate. Work is required to be completed to the satisfaction of the Engineer and in :substantial accordance with the spccifiedtions hereunto annexed. TOWN OF SOUTHOLD SUFFOLK CouN'I'Y, NEW YORK IB-7 State of New York Bureau of Public Work Department of Labor A State Office Building Campus Albany, N.Y. 12240 `a �.ret,m•'a d CONTRACT REQUIREMENTS Each public work contract to which the State,a public benefit corporation,a municipal corporation or a commission is a party and which may involve the employment of laborers,workmen or mechanics,shall comply with the requirements of Article 8 of the New York State Labor Law: 1. 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 the contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week except in the extraordinary emergencies set forth in the Labor Law or where a dispensation is granted by the Industrial Commissioner. (See Section 220.2) 2. Each laborer, workman or mechanic employed by the contractor or subcontractor shall be paid not less than the prevailing rate of wages at the time the work is performed,and shall be paid or provided not less than the prevailing supplements at the time the work is performed, as determined by the fiscal officer. If the prevailing rate of wages or the prevailing supplements change after the prevailing rate schedule is issued,each workman,laborer or mechanic shall be paid or provided not less than the new rates. (See Section 220.3) 3. The contractor and every subcontractor shall post in a prominent and accessible place at the work site a statement of the current wage rates and supplements specified by the contract for the various classes of mechanics,workmen or laborers. (See Section 220.3-a) 4. Apprentices must be registered,individually,under a bona fide program registered with the New York State Department of Labor. The allowable ratio of apprentices to journeymen in any craft classifica- tion shall not be greater than the ratio permitted to the contractor as to his work force on any job under the registered program. Any employee who is not registered as above, shall be paid the pre- vailing wage rate for the classification of work he actually performed. The contractor or subcontrac- tor will be required to furnish written evidence of the registration of his program and apprentices as well as of the appropriate ratios and wage rates for the area of construction, prior to using any apprentices on the contract work. (See Section 220.3-e) 5. (a) No contractor, subcontractor, nor any person acting on his behalf,shall by reason of race,creed, color, sex or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates.(See Section 220-e (a) ) (b) No contractor, subcontractor, nor any person acting on his behalf shall,in any manner,discrimi- nate against or intimidate any employee on account of race,creed,color,sex or national origin. (See Section 220-e (b) ) NOTE: The Human Rights Law also prohibits discrimination in employment because of age,disability or marital status. (c) There may be deducted from the amount payable to the contractor under the contract a penalty of five dollars for each calendar day during which such person was discriminated against or intim- idated in violation of the provisions of the contract. (See Section 220-e(c) ) (d) The contract may be cancelled or terminated by the State or municipality,and all moneys due or to become due thereunder may be forfeited, for a second or any subsequent violation of the terms or condition of the anti-discrimination sections of the contract. (See Section 220-e (d) ) (e) These provisions shall be limited to'operations performed within the State of New York. (See Section 220-e(e) ) PW-3(5-80) IB-8 STATE OF NEN YORK DEPARTMENT OF LABOR BUREAU OF PUBLIC WORK STATE OFFICE BUILDING CAMPUS ALBANY, N. Y. 12240 Schedule Type-HVY / HWY 33 Date 07/08/81 Refer to: PREVAILING RATE CASE NO. T/O Southold PRC 8102904 NAS/SUF 01 to: William H. Spitz, Engineer Location and Type of Project Holzmacher, McLendon & Murrell Install asphalt concrete 125 Baylis Road pavement-SOI-IT 81-06, New Melville, NY Suffolk Ave, T/O Southold 11747 Mattituck, NY Suffolk Co. In response to your request, enclosed are schedules of the prevailing hourly wage rates and the prevailing hourly supplements for the above project, together with copies of the Notice of Contract Let (PW-16) for your use. The schedules must be annexed to and form a part of the specifications for this project when it is advertised for bids. These schedules have been prepared and forwarded in accordance with Section 220 of the Labor Law, which provides that it shall be the duty of the fiscal officer to ascertain and determine the schedules of supplements to be provided and wages to be paid to workers, laborers and mechanics employed on public work projects, and to file such schedules with the department having jurisdiction. These wage rates and supplemental benefits are subject to change. and you will be periodically notified of such changes. The wage rates and supplemental benefits to be paid and provided must be those prevailing at the time the work is being performed. Supplemental Benefits Legend used in the "other supplements" column of the Prevailing Rate Schedule: A. Health & Welfare ( includes hospital C. Supp. Unemployment Benefits I. Annuity Fund surgical or medical insurance or D. Scholarship Fund J. Benefit Fund benefits, life insurance or death E. Paid Holidays K. Security Savings benefits, accidental death or dis- F. Education Fund memberment insurance). G. Vacation L. Holiday Pay B. Pension H. Apprentice Training M. Other Very truly yours, Nicholas Valentine, Jr. DIRECTOR WHEN ANY PROJECT IS COMPLETED OR CANCELLED, NOTIFY THE NEAREST DISTRICT OFFICE OF THE BUREAU OF PUBLIC WORK. (see addresses below) State Office Bldg. Campus. A 1 bany N. Y. 12240 65 Court St. , Buf fa I o N. Y. 14202 155 Main Street West, Rochester N. Y. 14614 • 44 Hawley St. . Binghamton N. Y. 13901 175 Fulton Ave— Hempstead Hempstead N. Y. 11550 333 East Washington St— Syracuse Syracuse N. Y. 13202 207 Genesee St. . Utica N. Y. 13501 30 Glenn St. White PIaiits N. V. 10603 PW-200 (6-79) IB-9 PREVAILING RATE SCHEDULE - ' S•tate of New York Case Number Bureau of Department of Labor Public Work 8102''904 NASSAU AND SUFFOLK COUNTIES Prev- SUPPLEMENTAL BENEFIT PAYMENTS ailing OCCUPATIONS wage health basic and pen- suppi . other supplements hourly welfare sion unemp. rate (A) (B) (C) (D) through (M) CORE DRILLER Core Uri i ter 10. 605 1. 00 74 G-. 19 Helper 9. 245 1. 00 74 G-. 19 LLECTRICIAN Electrician 15. 10 7'/.+. 35 5 1/2'L 25 G&L- 8 1/2%, H-5/8%, I-9%, J-3'/. Appr. 1st term 6. 04 7%+. 35 5 1/2/ 25 G8L- 8 1/2%, H-5/8%, I-9'/., J-3% IRONWORKER Ironworker-Structural 12. 95 1. 86 2. 30 Appr. 1st term 7. 28 1. 86 2. 30 G-1. 85, H-. 11, I-2. 1S Reinforcing-(Lather) 13. 54 1. 325 985 D-. 02, G-. 75, H-. O1, 1-1. 10 Appr. 1st Term 3. 8S 1. 325 985 D-. 02, H-. 01 Ironworker-Ornamental 12. 62 1. 21 1. 55 G-1. 00, H-. 10, I-2. 00 -Chain Link 12. 62 1. 21 1. 55 G-1. 00. H-. 10, I-2. 00 Fence "Appr. 1st term 7. 57 1. 21 1. 55 G-1. 00, H-. 10, I-2. 00 MASON Bricklayer 12. 49 1. 33 1. 93 H- 03, 1-2. 0S I. Appr. 1st term G. 25 1. 33 1. 93 H-. 03. I-. 50 PAINTER Painter-Brush 10. 92 1. 04 1. 04 G-. 33. I-. 71 Scaffold/Spray 13. 26 1. 26 1. 26 G-. 405. I-. 71 Appr. ist term 6. 55 . 62 . 62 G-. 20, I-. 2S Nassau Co. (N of L. I. E. to Pt. Wash Blvd. , S. of Sunrise Hwy. E. to Long Beach Rd. ) ------------------------ ------ Pai nter-Brush 10. 82 1. 29 2. 30 G-. 70, H-. 05 Appr. 1st term 5. 41 1. 29 1. 1s G-. 35. H-. 05 Scaffold/Spray 12. 37 1. 29 2. 30 G-. 70, H-. O5 ' Nassau Co. Remainder of County ------------------------------ Painter-Steel ----------------------------- Painter-Stee1 14. 2a 1. 86 2. 00 H- 07 Power Tool , Spray 15. 28 1. 99 2. 14 H-. 08 Sandblaster(steel ) 15. 28 1. 99 2. 14 H-. 08 Appr. 1st term 7. 00 91 . 98 H-. 035 Nassau Co. -Entire County ------------------------------ Pai n•ter Brush 12. 39 3. 22 1. 00 G-. 50. H-. 21 I. Steel /Bridge 15. 30 3. 22 1. 00 G-. 50. H-. 21 Spray 13. 88 3. 22 1. 00 G-. 50, H-. 21 I. Appr. 1st term 6. 42 1. 97 1. 00 G-. 25. H-. 21 Suffolk Co. PLUMFIFR Plumber 13. 65 1. 00 2. 05 G-1. 30, H-: 37, I-. 57 Appr. 1st term 5. 46 . 60 1. 31 G-. 70, H-. 24, I-. 29 Suffolk Co. ------------------------------ Plumber ----------------------------- P1umber 12. 75 1. 10 1. 54 G-1. 10, H-. 25 Appr. 1st term S. 10 . 44 . 616 G-. 44, H-. 10 Nassau Co. TEAMSTER Truck Driver Excavation 10. 125 1. 6125 2. 852S 1- 40 Euc I i d 10. 525 1. 612S 2. 8525 1- 40 Other 9. 325 1. 612S 2. 50 WELDER Welder To be paid the rate of the mechanic performing the work OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY and BUILDING SCHEDULES Print 33 IB-10 PREVAILING RATE SCHEDULE State of New York Case Number Bureau of Department of Labor Public Work 8102904 NASSAU AND SUFFOLK COUNTIES Prev- SUPPLEMENTAL BENEFIT PAYMENTS ailing OCCUPATIONS wage health basic and pen- suppl . other supplements hourly welfare tion unemp. rate (A) (B) (C) (D) through (M) CARPENTER Carpenter (H/H) 13. 3S 1. 85 1. 03 G-. 95, H-. OS, I-. 75 Helper 11. 15 1. 85 1. 03 G-. 95, H-. 05, I-. 75 Appr. 1st term 7. 34 1. 85 1. 03 G-. 95, H-. 05, 1-. 75 Nassau Co. (South of So. State Pkwy. & West of Seaford .'.reek) ------------------------------ Carpenter CH/H) 13. 40 1. 50 1. 49 G-. 95, H-. 06 Appr. 1st term 6. 70 1. 50 1. 49 G-. 95, H-. 06 Nassau Co. Remainder of County ------------------------------ Carpenter(H/H) 13. 45 1. 33 1. 71 G-. 90, H-. 06 Appr. 1st term 6. 70 1. 33 1. 71 G-. 901H_. 06 Suffolk Co. ------------------------------ Pi ledri ver/Dockbui Ider 13. 25 1. 85 1. 03 Appr. 1st term 7. 34 1. 85 1. 03 G-1. Dl, H-. O5, I-. 75 ------------------------------ Ti mberman 12. 31 1. 135 1. 03 G-. 95, H-. 05, I-. 75 Helper 10. 80 1. 85 1. 03 G-. 95, H-. OS, I-. 75 ELECTRICIAN-HIGHWAY MAINTENANCE Applicable on traffic signals and street lighting only. Maint. Electrician 12. 30 8% 4 1/2'/. G & 'L-6 1/2'/., 1-7% H-5/8'/., J-3% Appr. 1st term 4. 57 aY. 4 1/2'/. G 8 L-6 1/2'/.. I-7'/. H-5/8%, J-3'/. LABORER(HVY/HWY) Laborer (H/H) Basic, Concrete, Jackhammer 8. 90 10 '/. 13 V. G-. 75 Pipelayer, Land- Scape, Trackman 8. 90 10 Y. 13 % G-. 75 " Power Tool 8. 90 10 % 13 % G-. 75 Asphalt Raker, Form Setter 9. 50 10 % 13 % G-. 75 Asphalt Shoveler and Tamper 9. 30 10 Y. 13 V. G-. 75 MASON Cement Finisher 12. 60 2. 19 2. 02 H-. O1 Appr. 1st term 6. 30 2. 19 2. 02 H-. 01 SIGN ERECTOR Sign Erector 11. 70 82 1. 11 H-. 02, 1-. 43 M-Emp S. S. STRIPER Striping Mach. Oper 9. 90 59 70 G-7% Li oerman 10. 40 62 72 G-7'/. TREE TRIMMING Tree Trimmer 8. 43 . 34 . 25 1st 6mo S. 51 . 34 . 25 Groundman. Driver " 1st 6mo 6. 07 . 34 . 25 Driver 2nd 6mo 6. 36 . 34 . 25 Driver after 1 yr. 6. 95 . 34 . 2S TREE REMOVAL & LANDSCAPING Landscape Laborer 8. 90 10% 13% G-. 75 Mulching Machine Oper. 11. 995 9% of 2. 25 G-1. 00, H-. 15, M-. 10 rate+vac. Stump Chipper Mach. 10. 97 9'/. of 2. 25 G-1. 00, H-. 15, M-. 10 rate+vac. Truck Driver 9. 325 1. 6125 2. S0 WELL DRILLER We 1 1 Dri 1 I er 10. 55 8% 2. 25 G-. 40 He'iper 8. 55 8% 2. 25 G-. 40 OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY SCHEDULES Print 33 IB-11 r PREVAILING RATE SCHEDULE State of Now York Case Number Bureau of Department of Labor Public Work 8102904 r NASSAU AND SUFFOLK COUNTIES Prey- SUPPLEMENTAL BENEFIT PAYMENTS ailing OCCUPATIONS wage health basic and pen- suppl . Other supplements hourly welfare sion unemp. rate (A) (B) CC) (D) through (M) SURVEY CREW (HIGHWAY 8 HEAVY) Party Chief 12. 16 . 90 . 70 F-. O5, G-. 70. I-1. 50 Instrument Man 10. 21 . 90 . 70 F-. 05, G-. 70, I-1. 50 Rodman/Chat hman 8. 91 . 90 . 70 F-. O5, G-. 70. I-1. 50 Survey Rates apply to those workmen employed on HIGHWAY and HEAVY contracts let on or after July 2, 1979 POWER EQUIPMENT OPERATOR CH/H) Asphalt Spreader 13. 18 9% of 2. 2S . 20 H-. 15, G-1. 00. M-. 10 Backhoe 13. 55 hourly Boring Machine 13. 12 rate + Bulldozer 12. 37 vac. Compressor-Single 11. 995 Compressor-2 or more In battery 12. 60 Concrete Pump 12. 64 Concrete Spreader 13. 18 Concrete Breaker 11. 28 Conveyor 12. 37 Crane 13. 18 Location, Effective Date and Dragline 13. 55 Supplemental Benefit Payments Finishing Machine 12. 37 are the same for all Powgr Equipment Fireman 12. 37 Operators. Generator 12. 29 Grade-All Oper. 13. 55 Grader 12. 58S Front End Loader 12. 905 Main*. Eng. 12. 37 Mulching Machine 11. 99S w OI 1 er 10. 97 Pi ledrl ver 13. 55 Post Driver CGuard Rail ) 13. 12 Power Broom 11. 425 Pump CUnder 4") 11. 995 Pump (Over 4") 12. 38 Ridge Cutter 11. 28 Roller - 5T 8 Under 12. 37 Roller - Over 5 Ton 12. 72 Scraper 12. 37 Shovel 13. 55 Stump Chipper 10. 97 Tractor-Caterpillar or Wheel 10. 755 Track Tamper 10. 97 Trenching Machine 13. 395 OCCUPATIONS APPLICABLE TO HEAVV/HIGHWAY SCHEDULES Print 33 IB-12 5 00 The Continental Insurance Companies Bond No. /6/- 7� PERFORMANCE BOND Approved by The American Institute of Architects A.I.A. Document No. A-311 (Feb. 1910 Edition) KNOC� MEN BY THESE PRESENTS That 01=1 A (Here insert lull addres or lege of th ontr I as Principal, hereinafter called Contractor, and_ u�ety, __J&re insert full name ad ss o egal tl f Sur y) hereinafter called Surety,are held aa7n/ndd (firmly bound un 6ei4zc (Her insert lull name and address or legal fifie of Own as Obligee, hereinafloVcalfed Owner, in the Afount Dollars($ __), for the payment whereof Contractor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and sever- ally, firmly by these presents. WHEREAS, Contractor has by writtenLeement datedo _ — entered into a ntra t v Owne ina with drawing nd spec��tc s pre�pX0 by Gu_ _ r0,_ (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof,and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that,if Contractor shall promptly and faithfully perform said contract,then this obligation shall be null and void;otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be,and declared by Owner to be in default under the Contract,the Owner having performed Owner's obligations thereunder,the Surety may promptly remedy the default,or shall promptly 1)Complete the Contract in accordance with its terms and conditions,or 2)Obtain a bid or bids for completing the Contract in accordance with its terms and conditions,and upon determination by Surety of the lowest responsible bidder,or, if the Owner elects,upon determination by the Owner and the Surety jointly of the lowest responsible bidder,arrange for a contract between such bidder and Owner,and make available as work progresses(even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price;but not exceeding,including other costs and damages for which the Surety may be liable hereunder,the amount set forth in the first paragraph hereof.The term"balance of the contrail price,"as used in this paragraph,shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto,less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two(2)years from the date on which final payment under the contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs,executors,administrators or successors of the Owner. Signed and sealed this day of O A. D. 19 el Seal (Principal) ►itlej (neer '(Seal) Sur s 80 Mclider'i L_ :w, New 'York,.New York 10033 , GENERAL POWER Or ATTORNEY Knowlall men by these Presents,'that th_ FIHEMEN INSURANCE COMPANY or: NMARK, NE%V JF: Y ;1,:" COl15IitUtc•:f ,Ind itptlOiniti,f ::,t'! ery these prv.;encs docs, ,slake. C00!A111.1fQ and appoint 'Obert A. linucr, both of New York, riew York Step!ra:t F. 1,►und or. } , illOmey for-it and in its narn ;1•�l l .:Ind sto id to execute: on behalf of the said Company, i#surely.b k, :.,n<ti.;Ir:f•. nr; and cnnttacts of suretyship to IN' rEll c•hli,ee� .. �. pruvi !c : than no bond or undertaking or ccin",'C.t of l.urGlyshrp executed under this authority shall exceed in amount the One t•!illioifi ($1,000,000. ) Dollar:,. i I tis: I io%vor of Attorney is granted an;f it: sigi;+:�%I;tnd sr a!o;!by I�csimtic: urtuer and by the authority of the te�owing Reso- luliof I i,•! ;)'Cd t,y 111i:Board Of Directors of the' r li:t:)v1IN'.1; IP "(11F,ANCE COMPANY OF NEWARK.Nf W JERSEY At a meet- ing uul y. -illed and held on the 201h day of Februau y. 1975. '+! .;OiAlI*O.InaI the ChOirman of the 13oard.in.;!'.;c Chairman of vie ituatif:.the Pr/:sldenl,an Executive vice Pres:dunt or a Gortier Vice Pres ideltt ''r ,: `::•:4 r•resufant of the company, be,and it,:I vacn r/r any of trient hgrv4y r3,a/.IhonzeJ to ex Ccule rowers of Attorney evollifyin;the silo!• - I,,t•:,,.— m Ilic g/vnn'Pow�r of Attorney to CVUCUlr2 In t•r:haif of 6MEE.r•:£I l--4tj�IIAftCL' CCiP4r'ANY Or NEWAIMWEY/JU EY,bonus.trader. {;IMin., •:.++••:"f.bnlra_1.:ul Slrf Olyshlp,-anrl thnl an A5�i Sf l:::V.r a PresIt1dant ..secret. ly 4f:In A.SS:.-.tent S^Cr Olary be.and that each or asst'of Mom here ^ Ill ,; ...., ,r I.r•!:q alta a tho eaecutlun of;Illy such 1'o+oar of Amirovy.bran to:/l:aCh IhYrh:u it-.,zeal Cf the Company. r!;*i int U�Vt t� fR:111h�5i;1111flrrQi of!:vnt.:+(!v:(:rS Jnrt me!L%,;it!ow Comit.tltJ rn„y bt affixt lO i1n%such Power OI/►rtoMRy Qt 10 dnY ccrl•' 1:reo..u::q n.cr r•:o b !laf.•SIplile,artu an-:.w:h i'.;:.••: of Attain.!y or weotdiCate lcrt.frrnbuck(a::xltmte sitpiMrea Of UCSrr:ulo 54,01 snarl be vatrd _ ;r r1U '.• . :I;;nn the Cohn Jany wilwl -.;J afflxuu and Ir. 11”! futur.:with respety to any band, owesiaking or eon:Iael Of surelyShio 10 WhiCh it U ittach. io ``ll!nass 4'/hereof, then rii3D 'C-ld'S INSIUFit.'•SCE COMIF'ANY OF NEWARK, NEW JERSEY has caused itjoffiYial seal to be it !ic`lftltp affixed and these presents to br! l:idned by one! t:! its Vice Presidents and MICStOd by 0110 of itSl SiSfant Vice Presi1l•z:l!s this artl clay of January, 1979 IF'If1'%E:f+1LN ;; I1,1SAMANCr COM!"ANY OF NEWARK, NEW JERSEY ;1•u•..., 13y I H SlePhe/Is,JIS:.5tar11 V cv 1'n•s 1N L Fold. VKrt•Pta•sIu*nj fit: NEW YORK. a (W ►•.,E:VY YORK. r �15 0;1 III.:• era clay of January. 1079, Wore wv I)elsonr!tly came M.L. Form, to me known, who being by moi my sworn, t and say ainat he residua in Summit, ill th": COunt,of ,sex, State of New Jersey. at 7613 Springli d 4wenue; that l V President of the FIRLzMEN'S C)Ol`ntll,PJY CF NEWARK. NEW JERSEY, the eAratfl0114 illi described in on . hi,;tl uxf4 cured the above instrument. V-,j, tic., knows thin seal of than said corporation; that the seal al uieq,'to the said 4' i'; uc:h ca por'ate snzf; that it w.l', '•'., i:fiixe; by order of the Board of Directors of said corporation told that he n: :;ign :! lr:: nafno !hilreto by like order. la �b1 011E1IARAN1© _ C'01A(t'1 fUili IC Suu:ef&CO inti ho '14 4-5531 a OUI M rue,;t7ow Ir CFF1TIFIC.ATE cSnrll;;,:;tr.tcrrsr.:acxss, 131;2 u:u;roe sinned, an As:;15!i!ni Sc.cretafy Of IY10 Fl! l--Mi'r.; S INSURANCE COMPANY OF Nr�"IARK, NEW JERSEY, Cl-)--ooratfon, Do Ili,-RF-By CCRTIFY Inat ttiu fort?(;rainy and apache( Power Of Attorney refTliins 0 full 1ptce elle 11 t • n;I; ttllt;n frtvOY,CCS, and lurth;'rrnurr: t!clt tt,;: (i !;U11/ticnn of the Board or oirecturs, set forth in the said Power of At, 110VW if) force rinr• i :Inasr:Rad ii the City of New Ynrk t7;tltM llne G ✓ deny of .:_}�tl• �, 1111..•4 I 1 Kr•.In t• �lS/�1.1••t Fr•r.•�1•y� _ �r jr_=nNewark,C of Net+ JOINT >` Firemen s S OF DECOMER 31.1M LtaetltnEs crus-a sins. ASSETS_ fbr ll r>ed Pnxn exns... S 222,43o,61t3 $ 2.373.473 ... 46%0.111 ............. ... Reserve for Losses..... ' •....... ... 1,at3,386. . Bor>�s:> storks............, Reserve for Loss Expel• •........ 60.J85, r, M erv6,br Taxis b Ems. .. M for Outer Li • 25�1�144Mw Ljabwes Real Estate.. ............... ... .1 ...................... 31 02e Other Assets ....................... 9.8918 Surplus ........................... 33D t3't2,026 lus Total Admitted Assets................ S 1,121,669.382 Total Pb��a18 Surpkis_.... � 1,121,669,382 STATE OF NEW YORK , OF NEW YORK SS: COUMY. . CITY OF NEW YORK Sywom says:That he resides i Glen Head. New York and he,is SepetarY of FIREMEN'S F.M. Colahx� i being duly is a Corporation duly organized.existlng.and INSURANCE COMPANY OF NEWARK.NEW JERS�"V any virtue of the Laws-ot the State of New Je and has duly � � � engaged.in business as a Surety by ! to said Company, requirements of the laws of said state and the Laws of th$state of / and is duly qualified to act as Surety under such laws;that said Company has also oanpried with and is duly qualified tD act as July 3q. 1947, 6 U.S.C. secs.6-13 to qualify as sole surety on recOW&ances. Surety under the Act of Congress app -or,��by the laws of the United States,to be Ow with one or more stipulations,Bonds and andwtakirl9 pe on the 31st day of sureties;and that the bmgoing is a full.true and correct statement of the financial condition of said company December 1979 to the best of his knowledge and belief: Sworn to before me this 3rd s i4fA!11 ,�.- d fUlarCh 1980 .;�Mo�AR.ti,;o� 1 R�1FaCATE Secretary Nowanr No 24401 W�t.14i�►30.m9y £� ca�miss�+FIOU SURtX'MENT State of County of d fL f�/ o city of -�. D , in the:year,1.9 before me personally camey'{� ,he resides in �G me duty sworn.did,depose' the ogrppration to me, me who:being by .,� y of Newark, New Jersey, that he is thew Attorney of Fl+emert rate seal of the said corporation;that the seat described in and which executed the attached instrument,that he knows the corporate d of Directors of the said affixed to the said instrument is such corporate seal.end that ft. w so affixed by order of the BQa corporation,and that he signed his name thereto by tike'order. a Notary Pus c PHOEBE SPALDING Notary Public, State of New York No. 62-4613626, Suffolk Count Term Expires March 30, 19 wrr.a.+usA Z,eor.D 716E r 15# " 'e�'.y�ii5 ear"•r hr � � r"ter t � " ,.r '� �`� »(.n M z •L 3 z t� b x,. .yy�'��+"a- � ,� . $ "e � �.' :, t �_kj ✓ a- � •.. y+.♦ as �{w�,�r^'��•'a ��a,�.i cit w' :,:f ^4 •,:..:v �jt» , <k. r Y't14r..yk�,.y .. . �7. tY Y i ;'7`.'• .'.t, e .T.�'!r." �s*� ly?It.. 1 e` .,n i, t ... , { t INDIVIDUAL ACKNOWLEDGMENT ,. < State of ss.. County of On this day of_ - , in the year before so personally carne --- ,. # to me knows and kepwa to we to be the person described is and who executed the foregoiss iastcament, and acknowledged to me that he'axecated the same. ` PARTNERSHIP ACKNOWLEDGMENT State of e r i _ f=• ; 3 � 4 •'d.'fro"t+i3'M.. : � a- r , iy -�, .,{y{wq�C r t -:! r z. Chit►'`' >. , n' ls f►ette.l i� I "day 1>ao►t: ttp. persondily cams PAM srahlp of' to ms kaown eltd ktio+itt`�► ms. teesi :ied .erib d lt .ad who executed "to atd'sekaato ae dta ' ir ax., � ett ;tbrs.4tuds as and tae the ata and dead of the acid cpfohlp: i CORPORATE ACKNOWLEDGMENT State of_ (/favykowle- County of s/�/fjOL On this_ day of OCT in the year before me,personally came ,C�•t��u. adedWU2 , to me known, who, being by me_duly sworn, did depose and any that be resides in t l .r.sr,,F A � /��o.e•t` t/�LfEitJisi .r/T that he is the �fi�it,� fcJb�iiaehar./ of thetY0t3 ,Awri.P=00--4ir., - the corporation described in and which executed the foregoing instrument; that he knows the'corporate seal of the said corporation; that the seal affixed to the said instrument is such corporate Real; 4nd that it was so affiard b% order if the Hoard of Directors of the said corporation, and that he signed, his same thereto by like order. Notary Public, State of :vew Orr, '2T" noes suw No. 6'2-4613626, Suffolk Cty- ¢ Term Expires Larch 3V, 19 PrIw1eA to U.S.^. Bond No.��/ LABOR AND MATERIAL PAYMENT BOND Approved by The American Institute of Architects A.I.A. Document No. A-311 (Feb. 1970 Edition) Note This bond is issued simultaneously Hrth,no bond in favor of the owner cond tioned for tie tunl and!aitnf;l per!orma1ce of the contract KNO L MEN BY THES E S: _ t0 That------- - — ---- — (Here m ame anddres gal title Contr r as Principal, hereinafter called Principal, and as as Surety. Here insert full We ddress o lejt title 9PS ety) hereinafter called Surety, are held and firmly bound unto✓ ' �_�—__ ____—__ — (Here insert full name and address oregar I tale o ) as Obl�e, ereinafter called Owner, fort fuse and tLenelit of claim its as hereinbelow efined, in the of tI0 O (Here insert a sum equal to at least one-half of the contract price) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and sever- ally, firmly by these presents. WHEREAS, Principal has by written Umement dated ent red int a co ct withijOvoer for in ac c a e w' tdrawings and spIfications p by ;4?, ______ (Here insert full name,title and address or legal title of Architect) — which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION is such that if the Principal shall promptly make payment to all claimants as hereurafter(iafined, for all labor and material used or reasonably required for use in the performance of the Contract,then this obligation shall be void;otherwise it shall remain in full force and effect,subject,however,to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor,material,or both,used or reasonably required for use in the performance of the contract,labor and material being construed to include that part of water,gas,power,light,heat,oil,gasoline,telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined,who has not been paid in full before the expiration of a period of ninety(90)days after the date on which the last of such claimant's work or labor was done or performed,or materials were furnished by such claimant, may sue on this bond for the use of such claimant,prosecute the suit to final judgment for such sum or sums as may be justly due claimant,and have execution thereon.The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant,other than one having a direct contract with the Principal,shall have given written notice to any two of the following:The Principal, the Cwner, or the Surety above named,within ninety(90)days after such claimant did or performed,the last of the work or labor,or furnished the last of the materials for which said claim is made,stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished,or for whom the work or labor was done or performed.Such notice shall be served by mailing the same by registered mail or certified mail,postage prepaid,in an envelope addressed to the Principal,Owner or Surety, at any place where an office is regularly maintained for the transaction of business,or served in any manner in which legal process may be served in the state in which the aforesaid project is located,save that such service need not be made by a public officer. b) After the expiration of one(1)year following the date on which Principal ceased work on said Contract,it being understood,however,that if any limitation embodied in this bond is prohibited by any law controlling the constriction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project,or any part thereof,is situated, or in the United States District Court for the district in which the project,or any part thereof,is situated,and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder,inclusive of the payment by Surety of mechanics'liens which may be filed of record against said improvement,whether or not claim for the amount of such lien be esented under and against this bond.f� Signed and sealed this / day,of A. D. 19 v �. (Seal) ri ipal�l� �t';r f3 : Randall Woodard,P.E "mess) hl ngineeeTitle (Seal) (Surety) F1NAN� �'!, - ' Co�olpa c e+ a NOW Jersey r. ' Firemen s AS OF DEC31,1979 AsseTs >� � a r.�.�.616 $ 2.373.473 r �p, 4.111 ,.............. ............ FWSem .. Cash B066-and stocks. .. 1,013.3196. 7 >rie +e M• : g ... 2 lnt 11,836.521 .for .:_"� Ager 9 Rte:. .. -�t .,..... 1 t)0o nlu=� 9,898.162 315;lS72- St SSS. S 1,�,6.3M Total Admitted Assets. $ 1,121,669.382 Total tJabitities.Capital . STATE OF NEWYbRK COUNTY OF NEW YORK SS: CITY OFNEW►ARK of FIREMEN'S That rendes in Glen Head, New York and 111x1 he is Secretary and FM.Cot +oa► 9duly sworn is a GorpaN organized.exrstin9. all the INSURANCE.COMPANY OF NEWARK the Laws the Statsaid nNew Jersey and hast' with "aged in business as a Surety byvirtue Eit/ OAF agile to said Company, requirements of the Laws of said State and the Laws of the State of a so wed�and is duty quaUfied tp act as and is duly qualified to 8d as Surety under such laws:that said Company �sole surety on , surety under the Act of Congress aPP 30. 1947, 6 U.S.C.secs.6.13 to quality with one or more ed or required by the laws Of the United States,to_be given stipulations,ponds and undertakings Puttcondition of said Company on the 31st day of sureties;and that the bregoing is a full,true and correct statement of the financial December 1979 to the best of his knowledge belief. Sworn to before me this 3rd -- day March 1980 (♦ NOi�RYtiO f r a♦ � x CERTIFICATE Secretary ._' ETtrEL'tAR11N1b 3 hE7rARY�1Bl.��d Wew Ybik No 2t 4MI7 !Cx+9s Coun►r - Con;,,sxa, sl�ar30.1962 . SURETY ACENT ,arc/ �•�iC _ State of f ss.: County 9t r— city01, les of ,... before,rhe Personally came that he resides rn to me-knave,who,being'by me duly swum,did depose and say, of Newark. New•ley gappr'atron that he is the Attorney of Firemenrs InWitlhC6 Company n thatthe seat the attached instrument;that he knows the corporate seal of the said corporatto described in and which awaited and that it Vis so affixed by order of the Board of Directors of the said affixed to the said instrument is such corporate seal, corporation,and that he Signed his name thereto by like order. Afgj p PHOEBE SPALDING Notary Public, State of New York No. 62-4613626, Suffolk County Term Expires March 30, 19-1.!> PAMW in USA 2+"0 716 . t.'Omp,,my 01 14f_'1AvUL --y 80 M;aidEn 1--t , NewYork,. 4 %,/ York 10038 OF ATTORNEY ERAL POWER G EEN K1110%viall nicri by tllc,.sc F'rescnlS,'fh.i' tfi1.- FIREMENS INISURANCE COMPANY Or: NEWARK NE%V JL. C011sIiiuIr:f Ind ;;n'! :,y these pru,;entS does oiakcl. cont;lit Ile and appoint S topl jjUnd or Robert A. JItauar, bc.-t!, of New York, 14cul York attorney for-tihind in its and stood to execute (in behalf of the said Company, a$'surely,bonds. and contracts of suretyship to h(' all Ch!_Jripes I)r(;,.,i !C,.' that no bond or undertaking or ccn!(;tct of ­.urelyship exc-culed under this authority Shall exceed m amount the one t-ullicth ($1,000,000. 7 Itis: Fo-.�ior of Attorney is granted anti i•n sic simil�.- tonder and by the taft1wing Reso- );;od and sea!e4-j by fac, Of mo by the Board of r)lrc(.tor.,,of 0W , - - 11 ( _ .!FiANCE COMPANY OF NEWARK.NEW JERSEY at a ineel. ij)g july 311cdand hold on the 201h day Of Februaty. 1975. ;()j.V` #, (11.thist the Choirman of if, aoaro. t -jv., h ,v Chairman ut lite fioaroj.tho, ,4:swent.an EKeCUZIve Vice Proswunt Ora�nior vi Pros. j;"CII: rmssaant of the Conspiny. Ce be. jnu itust 4.-acri (,r sny%F invirts n -rv6y,n.at-thorized to exccuic rowers of Attorney oullblyino the stiof. tllf.bonus.und*t. tic!/ III the 0-On Power of Altmot-Y 10 C'WCO" NSURA14CC COMPANY of'NEWAFK'NEW jr..Ft,' Its of FirtEMLN I an/,sssstjnV.r I:Pres;ck--ni. .!;Ccretary Cr an A-,-t!S1*Al St-crolify be.aild that each Or aqy of Thom hose. 4it f,;!urnt:y.anti to ;,j:.jCh tliL-i :u t%j7 teal of the Company. ,*-,;I,,,"':' ill'SOLVC0. ot.;unt,�,tv,,:vrs and lilt!!,t..ji I)!*.fit.Criviiiasi/m:!y be affixt-d to any such Power of Aj;prney or to any LlyfaCs,miie. v1dany ouch I,(Altorn-:y or t.o.-Mlicate Leming s,,Ctj far:.%tins#^soijis.,!utes or!,tessrislesItIll!halfbevalid and tt:%,,a the Ccitipany when af1ixt:0-11d In ilh rc.%p(,,;: to any bund•uriactijtk,nq or con:iacl of surelyshirl to which it is allach. ed used its official seal it,istifi dCr_ Com.PANY OF NEVVARK. NEW JERSEY has caused,it �Viinnss Vilif-roof, the FIRL --dand these presents to !,if attested by one of its,Asisfant Vice to j),-, it !i r-;jr1to af fix( .1ned by Une 0 its Vice Presidents and this 3rc) day of January. 1979 ice l,.j C t- FI f"%E P.--!1_'N I N S 0 RA Com.rAPJY OF NEWARK NEW JERSEY `- --- '"�r'1 �t 1�.c�t.cam_, f�. /, y 4, 061 L Fo.d. vicar-ftvinient 7 H Stephens, v,c,,*Pre-,(1-M 0! HFAVY ORK. V/ YORK. Ort iw- :)r,.j (jay of January, 1979. before wt! i.leisotially cal)w M.L. f7().,(I. to me know-n, who being by me Ouly sworn, c!id !telt I- and say that tic residos in SunnMit. in aic! Count-of .-:-;sex. State of New Jersey. at 760 Springlitod All-nue- that : Zed lie i:. VIC, President- President of the FIREMEN'S I1`-)S!-).R'M1!'CE COMPANY OF NE-.*V-/AHK, NEW.)E 'RSEY. the corp .Zle-scribI in ai i : v,I ii,:h t2xf!C-.j!0d the above instruniont; P-I,t! 110 knows Ih*o Seal of the Said corporation. that the seal al fix e4.110 the S,id ins!whit':ii i,; sue corporate seal. that it w.t .'.) afhxc'�! by nrc!cr of the Floar(l of Diroctors of said corpuration And that he lh:.., nzarw Hi(:rejo by like order. JIMEL 1ARANIO WIA1,tt Puillk State of 1Qv TA11 .......... ha 14.4-563111001 in Cftrll CF-RTIFICATE tinned. an Arssis!ant Sr-,cretaly Of 1110 S INStirIANCE ('OMrJANY OF NEVA ARK. NEW JERSEY. J( yc.o.,poratton. 00 ffi.-f'jF-.r3Y CERTIFY Ilia! the foregoing and allached Power of Attorney remainS iofull f9tce ,inti It i • won i evo%ocf. enc: lurthoroloff"• l5id ;t;t: HOWItItion of ilia 8wird of Director.,; I forth in the shlid Power OF At- 11) fmce I :m.-1 settled P1 the City t.-,f Nc�jr York n31ed file day of 19 v/ C , a. 2;7. y��1 t,, '.;.0• fr, _�` YI Rif� �• 1 S j�y���y�•�NtS �_ ''��t � (t ) f !�•t1 �'. M2�{ � qs �7y1�►wy'.f ) �i�'.Cr� �'�l ai• l ^�+�i�i.�� ) '.�,, ,•'^'-'.-.� —^r.�i.-..7•,11�lZ`+ i 4' ' INDIVIDUAL ACKNOWLEDGMENT State of as.: Conoty of • On this — day of , in the yew 19 before ole personally came _to .me known sad known to me to be the person described is and who executed the foregoing instrument, and acknowledged to me that he executed the same. • PARTNERSHIP ACKNOWLEDGMENT State of ss. '� � l .. ��• � ,', r ... .••'ti..�. �7 �(�'�)^��.1 �fy�,'pl ."��1'"k1 tT�t'i'�►'; al ;�T. � �'SI this day of.:� 'Jk .T.. �1:..;..�_...1. ,,,,..,..r_ia the year 19 ` '9 before tae personally came a Member of the copartaership of• to me known and koowa•to tae t . .to be the person described In sod who executed the foregoing instrument, and acknowledged to me that he ex- ecattd the same as and for the act and deed of the said copartsership: CORPORATE ACKNOWLEDGMENT Slate of— /IA44-0'r `0 oz. ss.. County of---,- On this— -L day of Oe.77 in the year 19�� before me personally came L- te- to me k wn, who. being by me duly sworn, did depose and say that be resides in r e�. <e�.�✓d•tcJ �'y that he is the e5kylyz iGirr�/ of the ,YON .MP REBO ' NCb the corporation escrt a in an iv�{c executed the foregoing instrumeat; that he knows the corporate seal of the :+4141 corporation; that the seal affixed to the said instrument is such corporpte peal; and that it was so affixed h% or-ler' t,f the hoard of Directors of the said corporation, and that he signed hip name therein by like order. 6N , PHOd;�P�i-CJLWNG Notary Public, State of New York No. 62-4613626, Suffolk Count Send M•lA Term.Expires March 3o, 19M Printed in u.e.A M1: acoii:11,3N :Tiit�iN".�iNIF3F-'bYgil7_Fc�i�Z,Fiii�:S�7�I:F��I:7:Liiii.I`<I:t•'/•CI���7�T.139:�3:U7:7INIY43gS�7�i�:IN<N9 iiiir 0 1• � � � •• • ••� � •�I�INI�3�•Tiii97d9[H'L NAME AND ADDRESS OF AGENCY i COMPANIES AFFORDING COVERAGES AWED COVERAW CIMPORATION JiCp�f+w la COMPANY 7= A �W0009M. K Y. 11797 laLETTER A 3oyers' Irasuraace-vf was aa-:------ bs 71P 1111 COMPANY LETTER g Highlands Insurance Cont any NAME AND ADDRESS OF INSURED - COMPANY Lyon & RLETTEReboll, Inc. -- 56 Cowevogue RDad COMPANY D LETTER East Setauket, Nov York 11756 - COMPANY LETTER This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate may be issued or may pertain,the insurance afforded by the policies described herein is subject to all the terms,exclusions and conditions of such policies. — 1 Limits of Liability! Thousands-WG) - COMPANY POLICY --- --- -- TYPE OF INSURANCE POLICY NUMBER EACH LETTER EXPIRATION DATE AGGREGATE OCCURRENCE GENERAL LIABILITY BODILY INJURY $ 1,OQ0 $ 1,000 A ®COMPREHENSIVE FORM 0522-00-095551 9/15/82 ®PREMISES-OPERATIONS PROPERTY DAMAGE $ 1,000 $ 1,000 EXPLOSION AND COLLAPSE ® HAZARD ®UNDERGROUND HAZARD ®PRODUCTS/COMPLETED - OPERATIONS HAZARD BODILY INJURY AND ®CONTRACTUAL INSURANCE PROPERTY DAMAGE $ $ ® BROAD FORM PROPERTY COMBINED DAMAGE ® INDEPENDENT CONTRACTORS - - ----_ ® PERSONAL INJURY - PERSONAL INJURY $ AUTOMOBILE LIABILITY BODILY INJURY $ (EACH PERSON) A ® COMPREHENSIVE FORM 0522-02-095351 9/,15/82 BODILY INJURY $ ® OWNED (EACH ACCIDENT) ® HIRED - PROPERTY DAMAGE -_-�_-$ ® NON-OWNED BODILY INJURY AND $ Z,000 PROPERTY DAMAGE - --- --._.- -- - - _.-- _ - ---- COMBINED -- -- EXCESS LIABILITY --- - BODILY INJURY AND qq B Fr] UMBRELLA FORM ILS 206 439 9/15/82 PROPERTY DAMAGE 0,000 10,000 ❑ OTHER THAN UMBRELLA COMBINED FORM WORKERS'COMPENSATION STATUTORY A and 0512-80-095351 9/15/82 - EMPLOYERS'LIABILITY $ /{ 1Q© (EACH ACCIDENT) OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES PmjdWt # SOAM-81-06–A FUXM14Fh"9 & d*l.fverfng binder, top & shoulder course asphalt COWrete to New Saffold Avenue, rows of Sbutbold, Suffolk corwty, aew York Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail 31)— days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER: OCtoba2" 21, 1951 abjl_s- -- Tbwn a�/or 2bwn Bo"d, DATE ISSUED:- -_ TbM of Sout&Ald and/or HolamaQher, MaLenden & Murrell, P.c. Tblvn Hall MRJA Road _ -- uthDld, M40W York AUTHORI ACORD 25(1-79) lm ill x0rcl ii:IF'iK3.7L713LK_ii�6'�E.'I7Ii�7:6'1•_ ,',�i73:Zi]ll:Id�I:7.`.GiiUla�l:Ii'/_Ci►ZK.la��a.'T:G�7LH:Y '�I73�]:tI�7hsti.�.3i1SLKii�:I�A�I�:. NAME AND ADDRESS OF AGENCY .4,� COMPANIES AFFORDING COVERAGES 700 jmtKw Tuamna COMPANY A **wow. X Y. I I M LETTER A l- rs+ Zas=anco of Wausau IOU 177 COMPANY R LETTER V J111961mds Xnauramn + Comp y NAME AND ADDRESS OF INSURED C ""� �P'�__._ COMPANY � i Relbolt, ZnC. LETTER .gypsy R0� COMPANY D LETTER Salt Sotaill Nov York 11756 ---- --- - ___ COMPANY E LETTER This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate may be issued or may pertain,the insurance afforded by the policies described herein is subject to all the terms,exclusions and conditions of such policies. COMPANY POLICY Limits of Liability in Thousands(000) LETTER TYPE OF INSURANCE POLICY NUMBER EXPIRATION DATE EACH AGGREGATE OCCURRENCE GENERAL LIABILITY q App BODILY INJURY $ 1,000 $ 1,000 A ®COMPREHENSIVE FORM 0522-00-0957!51 9/15/82 PREMISES-OPERATIONS PROPERTY DAMAGE $ 1,000 $ 1,000 © EXPLOSION AND COLLAPSE HAZARD ® UNDERGROUND HAZARD — - - - - - ® PRODUCTS/COMPLETED OPERATIONS HAZARD BODILY INJURY AND ®CONTRACTUAL INSURANCE PROPERTY DAMAGE $ $ ®n BROAD FORM OADFORM PROPERTY COMBINED DAMAGE INDEPENDENT CONTRACTORS PERSONAL. INJURY PERSONAL INJURY $ AUTOMOBILE LIABILITY BODILY INJURY $ (EACH PERSON) A ® COMPREHENSIVE FORM 0522-02-095351 9/15/82 BODILY INJURY $ ®n OWNED (EACH ACCIDENT) K-� HIRED PROPERTY DAMAGE $ n BODILY INJURY AND NON OWNED PROPERTY DAMAGE $ 1,0000" EXCESS LIABILITY COMBINED BODILY INJURY AND -- $ $10,000 � UMBRELLA FORM XS 206 439 I 9/15/82 PROPERTY DAMAGE $10 000 ❑ OTHER THAN UMBRELLA COMBINED FORM WORKERS'COMPENSATION STATUTORY Jt and 0513-00-095351 9/15/82 EMPLOYERS'LIABILITY $ 1C0 (EACH ALCIDE NT) OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES PZeJ*Ct B 901117-81-08 1 Ftralsh'JW 6 d*"'V*riW biadtr, toP 8 ab*ader O"r" aaPbslt WWrett to NGv Saffold - - Aveaes, Tia of Santhold, Suffolk Coemllty, liar York Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail 3 days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER: ( "'t Z" 21, 1881 Ibm /or Tom �rd, DATE ISSUED: •Qb) Vowa of 8orethold mad/or l r0 MOZAndeen i marrell, P.C. rown W1 WA Road Southold, Nen+ York 100F Ad'rH-ORIZ1111"�- ACORD 25(1-79) NAME AD ADDRESS OF AGENCY COMPANIES AFFORDING COVERAGES ALLIED COVERAGE CORPORATION 76W JM�n*W HM COMPANY it LETTER M Employers' Insurance of Wausau WOODOMY, K Y. i IW7 COMPANY LETTER NAME AND ADDRESS OF INSURED OMPANY Town acid/or Tbam Board, Town of Southold anciETTER or Sol=acher, KcLetsdon & Murrell, P.C. COMPANY D Tbwn Hall, XAJA Road LETTER SoOthold, N.Y. COMPANY LETTER This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate may be issued or may pertain,the insurance afforded by the policies described herein is subject to all the terms,exclusions and conditions of such policies. ____C oMPANv Poucv Limits of Liability in Thousands(000)- 0 0) LETTER TYPE OF INSURANCE POLICY NUMBER EXPIRATION DATE EACH AGGREGATE OCCURRENCE GENERAL LIABILITY BODILY INJURY $ $ ❑COMPREHENSIVE FORM ❑PREMISES-OPERATIONS PROPERTY DAMAGE $ $ ❑ EXPLOSION AND COLLAPSE HAZARD UNDERGROUND HAZARD ❑PRODUCTS/COMPLETED OPERATIONS HAZARD BODILY INJURY AND ❑CONTRACTUAL INSURANCE PROPERTY DAMAGE $ $ ❑ BROAD FORM PROPERTY COMBINED DAMAGE ❑ INDEPENDENT CONTRACTORS - - ❑ PERSONAL INJURY PERSONAL INJURY $ AUTOMOBILE LIABILITY BODILY INJURY $ (EACH PERSON) ❑ COMPREHENSIVE FORM BODILY INJURY $ ❑ OWNED (EACH ACCIDENT) E] HIRED PROPERTY DAMAGE $ --- - BODILY INJURY AND ❑ NON-OWNED PROPERTY DAMAGE COMBINED EXCESS LIABILITY BODILY INJURY AND ❑ UMBRELLA FORM PROPERTY DAMAGE $ $ ❑ OTHER THAN UMBRELLA COMBINED FORM _ WORKERS'COMPENSATION STATUTORY and $ EMPLOYERS'LIABILITY (EACH ACCIDENT OTHER A ars' Protective Tb Be Asslggrad 20 2I/83 Bodily Tn ury-1,000,0p0p4� Bach Occurr_- abil3tr� Policy Pro z'ty 4Qa`0610 A aly�s DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES Designated Contractors Lyon & Rebal1, Inc., 56 Com vogue Boad, Bast SetauRet, M.Y. 11756 Pooject # SOHT--81-06 A Purnfsh#ng & daltver ngr bier, top, shoulder course asphalt concrete to Now Suffold Ave., Tbxat of Southold, Suffolk County, M.Y. Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail 30._ days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER: i., Town and/©r a Board, 7MM of Southold DATE ISSUED: e - - attd/or Sol zmachor, KeLmdon & Xstrrell, P.C. Town Nall, Alai Road Southold, M.Y. 101, /- - AUTHORIZED RE T I ACORD 25(1-79) ill: 9—MA c7iy:� MUMSTM .• • _••H�_�1r.1:7.]a.7:r�r.1 •rII•n.�tb'yt�7`a:l[.]_ NAME AD ADDRESS OF AGENCY COMPANIES AFFORDING COVERAGES All COVE RAO CORPORATKM - - ibfCW T~911 1r COMPANY A �. K Y. "[7• LETTER /1 j'a, .T bra r or wa1nsa WCOOR __- a COMPANY B LETTER NAME AND ADDRESS OF INSURED COMPANY an4lor2b*= Board, r=M or Southold aadETTER or Bol __.�r, X ' _ s X%wrell, P.C. COMPANY D tin BMa all, in Road LETTER Southold, x.r. COMPANY - - LETTER This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate may be issued or may pertain,the insurance afforded by the policies described herein is subject to all the terms,exclusions and conditions of such policies. — COMPANY I POLICY Limits of Liability in Thousands(080) LETTER TYPE OF INSURANCE 1 POLICY NUMBER EXPIRATION DATE EACH AGGREGATE OCCURRENCE GENERAL LIABILITY BODILY INJURY $ $ ❑COMPREHENSIVE FORM ❑PREMISES-OPERATIONS PROPERTY DAMAGE $ $ EXPLOSION AND COLLAPSE HAZARD ❑UNDERGROUND HAZARD ❑ PRODUCTS/COMPLETED OPERATIONS HAZARD BODILY INJURY AND ❑CONTRACTUAL INSURANCE PROPERTY DAMAGE $ $ ❑ BROAD FORM PROPERTY COMBINED DAMAGE ❑ INDEPENDENT CONTRACTORS -- -F1 PERSONAL PERSONAL INJURY PERSONAL INJURY $ AUTOMOBILE LIABILITY BODILY INJURY $ (EACH PERSON) ❑ COMPREHENSIVE FORM BODILY INJURY $ ❑ OWNED (EACH ACCIDENT) ❑ HIRED PROPERTY DAMAGE $-. �- -. BODILY INJURY AND ❑ NON-OWNED �-$---- PROPERTYDAMAGE COMBINED EXCESS LIABILITY BODILY INJURY AND ❑ UMBRELLA FORM PROPERTY DAMAGE $ $ ❑ OTHER THAN UMBRE LLA COMBINED FORM WORKERS'COMPENSATION STATUTORY _ and EMPLOYERS'LIABILITY $ SEA(HACCIDENn OTHER BIG7 za ury-1,000,000 Bach oaccurr A ra Protective Tb Be Assigged 10 31/62 p� y 300,pp��pp aeh car:- abll.itcr__Pb1i� --- -,000p- 0 �g92V"is r DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES 1a@sigmted Contractor: Lycra & Rsbolt, Ialc., 56 omomilllogue Road, Bast Setauket, x.r. 11756 Peofect 0 SQBT-81-06-A Puzu1shiag a dellvoriag binder, tap, shoulder coarse asphalt concrete to Mov Suffold Aro., 2bwn of Southold, Suffolk County, H.I. Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail go days written notice to the below named certificate holder, but failure to - mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER sad/orMownBoard, 2twn of Southold DATE ISSUED: �+•�. h_+-.-.�.-.- ---_. and/or Bolssacther, McLend m & mrmli, P.C. ibwn Ba11, Main Road Southold, N.r. AUTHORIZED REPRE9EN TIVE P ACORD 25(1-79) " HOLZMACHN,MCLDdM a MURRp.4 F.C. i NZM CORD ooNuatx+o o+omsms aw Mnnw"Dow$Comm PROPOSAL - BIDDER'S DECLARATION TO THE 'TOWN BOARD of the TOWN OF SOUTHOLD, SUFFOLK COUNTY, STATE OF NEW YORK: BIDDER'SDECLARATION: The undersigned, as Bidder, declares that the only person or persons interested in this Bid or Proposal' as Principal or principals is or are named herein and that no other person than herein named has any interest in this Proposal or in the Contract proposed to be taken; that this Bid or Proposal is made without any connection with any other person or persons making a Bid or Proposal for the same purpose; the Bid or Proposal. is in all respects without fraud or collusion, that he has examined the site of the work, the Form of Contract and Specifications and has read the Notice to Bidders, Information for Bidders and General Conditions hereto attached and fully understands all the same, that he proposes and agrees, if this Proposal is accepted, that he will contract with the TOWN BOARD of the TOWN OF SOUTHOLD, in the Form of Contract accompanying this Bid, to perform all the work required in accordance with and as mentioned in said Form of Contract , Specifications, Notice to Bidders, Information for Bidders and General Conditions, and he will accept in full payment , therefore, the following sums to wit : P_A HOLZMACHER,McLENDON&MURRELL,P.C.!H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS P PROPOSAL - (CONT'D. ) FURNISHING AND DELIVERING NEW SUFFOLK AVENUE BINDER, TOP, AND SHOULDER COURSE TOWN OF SOUTHOLD ASPHALT CONCRETE SUFFOLK COUNTY, NEW YORK SOHT 81-06-A BID DATE; SEPT. 24, 1981 10:00 A.M. ITEM 51-F, lA TOP Furnish and Deliver Type lA Top Course Asphalt Concrete Approximately 325 Tons Price per Ton Thirty-two and No Cents_ . . . . . . ($32.00 ) Dollars TOTAL.Ten _Thousand Four.Hund_red.and.No Cents , , .($10,400.00 ) • Dollars ITEM 51F, BINDER Furnigh and Deliver Binder Course Asphalt Concrete Approximately 475 Tons , Price per Ton Thirty-two and No Cents . . . . . . ($32 .00 ) Dollars TOTAL.Fifteen ,Thousand Two Hundred and No,Cents , , 015,200 .00 ) Dollars ITEM 51Y, Furnish and Deliver Shoulder Course Asphalt Concrete Approximately 500 Tons Price per Ton Thirty-two and No Cents . . . . . ($32 .00 ) Dollars TOTAL.Sixteen ,Thousand and No,Cents , . ($16,000.00 ) Dollars '" PB-1 HOLZMACHER,McLENDON A MURRELL,P.C./N=CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS (CONTs 'D. FURNISHING AND DELIVERING NEW SUFFOLK AVENUE BINDER, TOP, AND SHOULDER COURSE TOWN OF SOUTHOLD ASPHALT CONCRETE SUFFOLK COUNTY, NEW YORK SORT. S1-06-A BID DATE: !SEPT. 24, 1981 10:00 A.M. TOTAL BID (SUM OF ALL ITEMS) ITOTAL Forty-one Thousand.Six.Hundrgd.and.No Cents . . . ($41,600.00) Dollars DELIVERY SHALL BE MADE ON WEEK DAYS (MONDAY THRU FRIDAY) BETWEEN THE HOURS OF 7:00 AM AND 5:00 PM PREVAILING TIME. NO LESS THAN 48 HOURS PRIOR NOTICE SHALL BE GIVEN TO THE CONTRACTOR FOR DELIVERY. DELIVERY SHALL BE CONTINUOUS THROUGHOUT THE DAILY PAVING OPERATION AT THE PROJECT SITE. NOTE: PRICES STATED ABOVE SHALL BE IN EFFECT FOR A PERIOD OF 60 DAYS FROM THE DATE ON WHICH THE CONTRACT IS SIGNED. FIRM NAME: Lyon and Reboli, Inc a y FIRM ADDRESS: 56 Comsewogue Road, East Setauket, New York 11733 SIGNED BY: Randall Woodard, P.E. TITLE: Chief Engineer DATE: September 24. 1981 ,,� PB-2 MOUNACHM MdZA ON i MUMMU-P-M/ MSM COM'. COfgy�T11M MMD��►! PROPQSAL - (CONT'D.) Enclose certified check or bid bond for five percent (5x) of the total bid, as stipulated in the foregoing Information for Bidders. The Bidder hereby agrees to enter into a contract within seven (7) days after due notice from the Town of Southold that the contract has been awarded to him and is ready for signature, such notice to be given in writing within forty-five (45) days of the date of opening of the bids, and on the signing of such contract by him to furnish the indemnifying bonds as provided in the Contract. - And, the Bidder hereby further agrees that in the event of his failure or refusal to enter into a contract in accordance with this bid within seven (7) days after due notice from the said Town Board as given in accordance with the Information for Bidders, and/or his failure to execute and deliver the bond for the full amount ofthehe contract price as provided in said Information for Bidders, bidder's check which is herewith deposited with the Town shall, at the option of said Town, . become due and payable as ascertained and liquidated damages for such default, otherwise the said check shall be returned to the undersigned. The full name and residences of all persons and parties interested in the foregoing bid as principals are as follows : NAME ADDRESS , GEORGE W. LYON MT. SINAI ROAD, CORAM, NY 11727 ( WILLIAM J. LYON PORT JEFFERSON, NY 11777 PHILIP COWARD HILLSIDE AVENUE,. ST. JAMES, NY 11780 NAME OF BIDDER: LYON AND REBOLI, INC. BUSINESS ADDRESS OF BIDDER 56 COMSEWOGUE ROAD, EAST SETAUKET, NEW YORK 11733 DATED AT: EAST SETAUKET, NY THE 24 DAY O SEPTEMBER, 1981 P-C HOLZMACMEA,MdM80N&MURR"P-C, / MSM COM. CD1t U M10 V4*"$ t" AM i�1MN1011M0 !� � PROPOSAL - (CONT'D.) NON COLLUSIVE BIDDING CERTIFICATE By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: . 1. The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting co:upetition, as to any matter relating to such prices with any other bidder or with any competitor; and 2. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor; and 3. No attempt has been made or will be made by the bidder to induce an, other person, partnership�str �tringation to competitionmit or not to submit a bid for the purpose Dated: SEPTEMBER 24, 1981 LYON AND REBOLI INC. Y RANDALL WOODARD, P.E. CHIEF ENGINEER This bidder cannot make the foregoing certification and a statement signed by the bidder is attached setting forth in detail the reasons therefor: P-D HOLZMACHER, Md ENDM i MURREII. P.t / HZM WRt. OONWLTINO 10+61NLM AND OMMMMMUL @0VMM INDEMNITY, LIMITATION OF LIABILITY 1 . INDEMNITY The Contractor and all sub-contractors performing work in connection with this contract shall HOLD - HARMLESS, INDEMNIFY and defend the OWNER and ENGINEER, their consultants, and each of their officers, agents and employees from any liability, claims, losses or damage including reason- able costs of defense arising out of or alleged to arise from the Con- tractor's or sub-contractor's negligence in the performance of the work described in the Contract documents, but not including liability that may be due to the sole negligence of the OWNER, ENGINEER or their officers, agents and employees. 2. LIMITATION OF LIABILITY The Contractor and all sub-contractors agree to limit the liability of the OWNER and ENGINEER due to the Engineer's professional negligent errors or omissions such that the total aggregate liability of the engineer to those named shall not exceed fifty thousand ($50,000. ) dollars, or 5% of the contract award amount, whichever is greater. 10/80 ILL 1 of 1 HMZMACHER. MLENDON WAMU. / HZM CORP. CONTRACT i CONTRACT IN QUADRUPLICATE FOR;/ FURNISHING AND DELIVERING RTNDER, TOP, AND SHOULDER COURSE ASPHALT CONCRETI TO NEW SUFFOLK _AVENUE.— AT VENU .AT TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK , dated 19,e] , BY AND BETWEEN THE TOWN BOARD OF THE TOWN OF SOUTIIOLD, SU FFOLK COUNTY, NEW YORK , (herein cal led the "Town, " and LYON AND REBOLI, INC. , 56 Comsewogue Road, East Setauket, New York 11733 (herein called the "Contractor" ) . WITNESSETH, that the Town anti the Contractor, in consideration of the premises and of the mutual covenants, considerations and agreements herein contained , agree as follows: This Contract is hereby awarded to the Contractor for the work and material called for under his bid in the Proposal section of the Contract and designated as Items: ' 51-F, 51F, and 51Y and if required by tI►e Consulting Engineer, Items: None for the sum of: FORTY-ONE THOUSAND SIX HUNDRED AND NO CENTS Dollars ($ 41,600 .00 for the unit and/or lump-sum price(s) as listed in the Proposal herein. C-1 Nt)LYMACHER, McLENOON b MURA" P.C. I HZM GOND. GWSUL"ma ENGINEEII# AND LNVIMMMUITAL 0"W"I" CONTRACT - CONT'D. 1 . CONTRACT DOCUMENTS ANn D1•:FINITIONS The Notice to Bidders, Information for Bidders, Proposal , ct , Specifications and Plans, together General Conditions, Contra with any Addenda , shall form part of this Cout.rac:t , and the pro- visions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. The titles, headings, head- lines and marginal notes contained herein are solely to facilitate reference to various provisions of the Contract Documents and- in no way affect , limit or cast light upon the interpretation cli' the provisions to which they refer. Whenever the term "Contract Docu- ments" urwaliis used, it shall mean and include this CO"tract , tl►e Plano, Specifications, any Addenda , and the Notice to Bidders, Iufu for Bidders, General Conditions and Proposal . Iu case of any con- flict or inconsistency tip`awieetile proviaiunsr�ofuthellContract Contract shall those of the Specif is a , the govern. WORK: The . term "Work" , as used herein, refers to all of the work proposed to be accomplished at the site of the project and all such other work as is in any manner required to accomplish the completed project , and includes all plant , labor, materials, supplies, equipment and other facilities and acts necessary or proper for or incidental to the carrying out and completion of the terms to includer�materialThe term deliveredwtokandlsuitablyshall se of this stored construed at the site of the project. EXTRA WORK: The term "Extra Work" , as used herein, refers to and includes all work required by the Town which, in the judgment of the Engineer , involves changes in or additions to work required by the Plans, Specifications and any Addenda in their present form. SUBCONTRACTOR: The term "Subcontractor" , as herein, shall mean any person, firm or corporation applying or and material for work at the site of the project , but not including the parties to this Contract. ENGINEER: In the performance of the work, the Town shall be represented by its Consulting Engineer HOLZMACHER# McLENUON & MURRELL$ P.C. , (herein called the "Engineer") . PAVING CONTRACTOR: The term "Paving Contractor" , as used herein , shall mean any person , firm, or corporation applying labor and equipment for receiving delivery of , placing and compacting the asphaltic concrete materials being supplied under this Contract . C-2 HOLZMACHER, MCLENDON d MURRELL, P.C. / H2M CORP. CUNSULTINO QMIN"R! AND 6NVINMUMMTAL SCIITRI6TS • CONTRACT - CONV D. NOTI( E - The term "Notice" . as used herein , shall mean al►d include written notice. Written notice shall lie deemed to have been duly served when delivered to, or at the last known business address of, the person, firm or corporation for whom intended or to his, their, or its duly authorized agents , representatives or officers, or when enclosed in a postage prepaid wrapper or enve- lope addressed to such person, firm or corporation at his, their, or its last known business address and deposited in a United States Mail Box. DIRECTED„ RkQiJIRED. 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, desiglia- ti.un or prescription of the Engineer, and "approved"„ "saLisfied" , or "satisfactory" , "in the judgment of" , and words of like import, shall mean approved or acceptable to, or satisfactory to, in the judgment of the Engineer. 2. SCOPIC: OF THE WORK The Contractor will furnish all plant , labor, material , supplies, equipment and other facilities and things necessary or proper fox, or incidental to, the work contemplated by this Contract as required by, and in strict accordance with, the applicable Plans, Specifications and Addenda prepared by the Engineer and/or required by and in strict accordance with, such changes as are ordered and approved .pursuant to this Contract, and will perform all other obligations imposed on him by the Contract . 3. COMPENSATION TO BE PAID TO THE CONTRACTOR (a) Agreed Prices: It is understood and agreed that the Con- tractor will accept as payment in full the summation of products, of the actual quantities in place upon the completion of the work, as determined by the Engineer's measurements by the unit prices bid, no allowance being made for anticipated profit or for reason of variations from the estimated quantities stet forth in the Proposal. (b) Extra Work and/or Changes: The Town may, at any time, by a written order, and without notice to the sureties, require the performance of such extra work or changes in the work as it may find necessary or desirable. The amount of compensation to be paid to the Contractor for any extra work, as so ordered, shall be determined as follows: C-3 HOLZMACHEA. MdMOON a MURR" P.C. / HZM CORD. • CoNluITINo am oiu" ANa gmww wafTAL SC1E1mT M CONTRACT - CONTID. (1) By such applicable unit prices , if any, as set forth in the contract , or (2) If no such unit prices are set forth, then by unit prices or by a lump sum mutually agreed upon by the Town and the Con- tractor, or (3) If no such unit prices are set forth, and if the parties cannot agree upon unit prices or a lump sum, then by actual net cost in money to the Contractor of the materials, permits, wages, or applied labor, premiums for Workmen's Cumpeusation Insurance, payroll taxes required by law, rental for plant and equipment used (excluding small tools) to which total cost will be added twenty percent (20%) as full compensation for all other items of profit , costs and expenses, including administration, overhead, superintendence, insurance, insurance other than Workmen 's Compen- sation Insurance, material used in temporary structures, allowances made by the Contractor to subcontractors, additional premiums upon the Performance Bond of the Contractor and the use of small tools. 4 . TIME OF ESSENCE • Inasmuch as the provisions of this Contract relating to the time for performance and completion of the work are for the purpose of enabling the Town to proceed with the construction of a public improvement, in accordance with a predetermined program, such pro- visions are of the essence of this Contract. 5. COMMENCEMENT OF WORK The Contractor agrees that he will commence work within ten (10) consecutive calendar days after signing this Contract, and that the day he commences work shall constitute the first of the consecutive calendar days allowed for completion of the work. C-4 HOLZMACHEA, MCLENDON i MURREL,L. P.C. / H2M CORP. COMULTINO 04114 LRS AND WYIMNMINTAL dou"IM CONTRACT - CONT'D. 6. TIME FOR COMPLETION The time for completion of this Contract shall be within the number of calendar days stated in the Bid Proposal and the date of such completion shall be the date of the certificate of com- pletion hereinafter specified. The Town reserves the right to order the; Contractor to suspend operations when, in Lite opinion of the: Engineer, impro- per weather conditions make such action advisable, and to order the Contractor to resume operations when weather and ground con- ditions permit . The days during which such suspension of work is in force are not chargeable against the specified completion time. 7. LIQUIDATED DAMAGES FOR DELAY The time limit being essential to and of . the essence of this Contract, the Contractor hereby agrees that the Town 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 fifty dollars ($50.00) 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 Town 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, provided, however, that the Town shall have the right to extend the time for the completion of said work. S. EXTENSIONS OF TIME NO WAIVER If the Contractor shall be delayed in the completion of his work by reason of unforeseeable causes beyond his control and with- out his fault, or negligence, including but not restricted to Acts of God or of any public enemy, acts or neglect of the Town , acts or neglect of any other Contractor, fires, floods, epidemics, quarantine restrictions, strikes, riots, civil commotion 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 Town. No such extension of time shall be considered a waiver by the Town 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 obliga- tions hereunder. C-5 MOI.ZMACHER, Mct.ENDON a MURRfa.t, P.C. I N2M CORP. CONSULTING OWN"" AND ENVOWNMOITAL Scluall" CONTRACT - CONT'1). 9. CONTRACT SECURITY (a) The Contractor shall. furnish it Ilerformance Bond in an amount equal to one hundred percent ( 100%) til' the total contract price as security for the faithful performance of this contract , and for the payment of all persons performing labor or furnishing; mater- ials -in connection with this Contract . (b) Additional or Substitute Bond : If, at any time, the Town shall be or become dissatisfied with any surety or sureties , then upon the Performance Bond, or if , for any other reason , such bond shall cease to be adequate security to tho Town , the Contractor shall , within five (5) days after notice from the Town, substitute an acceptable bond in such form and bum, and signed by such other surety as may he satisfactory to they Town . T110 premiums on slich bunds shall be paid by the Contractor. No I'urther payments shall be deemed due , nor shall be made: until the now surety shall have been qualified. (c) Prier to release of the Performance, Bond , the Contractor shall deliver to the Town a Maintenance Bund equal to one hundred percent (100` ) of the total Contract price, including all extras. This Maintenance Bond shall remain in full force and effect for a period of one (1 ) year after the date of the final certificate and such bond, which shall be executed by the Contractor and issued by ' a re=liable, solvent surety company authorized to do business inthe State of New York shall guarantee to the Town that the Contractor shall promptly remedy any defects or faults that may occur within twelve ( 12) months after completion and acceptance of the work performed by the Contractor pursuant to this Contract . 10. CONTRACTOR 'S INSURANCE The Contractor shall not commence any work until he has obtained and had approved by the Town all of the insurance required under this Contract , as enumerated herein : Compensation Insurance Public Liability and Property Damage Insurance Contractor's Protective Liability and Property Damage Insurance Owner's (Town of Southold) and Engineer's Pro- tective Public Liability and Property Damage Insurance . Automobile Public Liability and Property Damage Insurance C-b 1 HOt=MACHER, MCMDON a MURRnA, P.C. / HZM CORP. r CONSUITINO 00411MUFA ANO [NVIM MMOITAI 9CIMT14" CONTRACT - CONT'D. The Contractor shall not permit any subcontractor to commence any operation on the site until satisfactory proof of carriage of the above required insurance has been posted with, and approved by, the Town. (a) Compensation Insurance: The Contractor shall take out and maintain, during the life of this Contract. , Workmen's Compensation Insurance for all of his employees employed at the site of the pro- ject , and in any case of any of the work being sublet, the Contractor shall require the subcontractor similarly to provide Workmen's Com- pensation Insurance for all of the latter'.j employees, unless ouch employees are covered by the protection affordud by the Contractor. (b) Public Liability and Property Damage Insurance: The Con- tractor shall take out and maintain during the life of this Contract such Public Liability and Property Damage Insurance as shall pro- tect him and airy subcontractor performing work covered by this Contract for claims for damages for personal injury, including accidental death, as well as from claims for property damage which may arise from operations under this Contract , whether such opera- tions be by himself or by any subcontractor, or by anyone directly or indirectly employed by either of them, and the amounts of such insurance shall be as follows: Public Liability Insurance in the amount not less than Five Hundred Thousand Dollars ($500,000. ) for bodily injuries, including wrongful death to any one person, and subject to the same limit for each person in an amount not less than One Million Dollars ($1,000,000. ) on account of one accident. Property Damage Insurance in an amount not less than One Hundred Thousand Dollars ($500,000. ) for damages on account of any one accident and in an amount of not less than Two Hundred Thousand Dollars ($1 ,000,000. ) for damages on account of all accidents. (c) Liability and Property Damage Insurance: The above policies for public liability and property damage insurance must be so written as to include Contractor 's Protective Liability and Property Damage Insurance to protect the Contractor against claims arising from the operations of any subcontractor. C-7 y HOLIMACHER. McLENOON 6 MURRELL. P.C. / H2M CORP. r CONSULTING ENGIN"AS AND ENVIAONMENTAL SCILNTISTS CONTRACT - CONT'D. (d) Owner's and/or Engineers Protective Public Liability and Property Damage Insurance: (Town and/or Town Board, Town of Southold and/or 1lolzmacher, McLendon & Murrell, P.C. ) The Con- tractor shall furnish to the Town with respect to the operations he or any of his subcontractors perform, a regular Protective Public Liability Insurance Policy for and in behalf of the Town and/or Town Board, Town of Southold and/or 11olzmacher, McLendon & Murrell, P.C. , providing for a limit of not less than $500,000. for all damages arising out of bodily injuries to, or death of one person and subject to that limit for each person, a total limit of $1,000,000. for all damages arising out of bodily inju- ries to, or death of, two or more persons in any one accident ; and regular Protective Property Damage Insurance providing for a limit of not less than $500,000. for all damages arising out of injury to, or destruction of, property in any one accident and subject to that limit per accident a total (or aggregate) limit of $1 , 000,000. for all damages arising out of injury to, or des- truction of property during the policy period. The insurance must fully cover the legal liability of the Town and/or Town Board, Town of Southold as owner and/or Holzmacher, McLendon & Murrell, P.C. The coverage provided under this policy must not be affected if the Town and/or Engineer performs work in connection with the project either for, or in cooperation with, the Contractor or as an aid there- to, whether the same be a part of the Contract or separate there- from, by means of its own employees or agents, or if the Town of and/or Engineer directs or supervises the work to be performed by the Contractor. (e) Automobile Public Liability and Property Damage Insurance: The Contractor shall take out and maintain during the life of the Contract such automobile public liability and property damage insurance as shall protect him and any subcontractor performing work covered by this contract from claims for damages for personal injury, including accidental death as well as from claims for property damage which may arise from operations under this Con- tract, whether such operations be by himself or by any subcontractor, or by anyone directly or indirectly employed by either of them and the amounts of such insurance shall be as follows: C-t3 HOLZMACHER. MCLENDON i MURRELI. P.C. I MTM CORP. •. aMSULnnw aaMEspa AND ENVMONMwTAL MUMS" CONTRACT - CONT'1). Automobile Public Liability Insurance in an amount not less than Five Hundred Thousand Dollars ($500,000. ) for budily injuries, including wrongful death by any one person, and subject to the same limit for each person in an amount not less than One Million Dollars ($1,000,000. ) on account of one accident . Automobile Property Damage Lusurance in an amount of not less than One Hundred Thousand Dollars ($100, 000. ) for damages on account of any one accident, and in an amount of not less than Two Hundred Thousand Dollars ($200,000. ) for damages un account of all accidents. I1 . PROOF OF CARRIAGE OF INSURANCE The Contractor shall furnish the Town with certificates of each insurer insuring the Contractor or any subcontractor under this Coil tract , except with respect to subdivision (d) of Paragraph 10. In respect to this paragraph, the Contractor shall furnish the Town with the original insurance policy and a copy to the Engineer. Both certificates, as furnished, aid the insurance policy, as required, shall bear the policy numbers, the expiration date of the policy and the limit or limits of liability thereunder. Both the certificates and the policy shall be further endorsed to provide the Town and Engineer with any notice of cancellation at least five (5) days prior to the actual date of such cancellation. C-9 HOtZMACHER, McLENDON 6 MURREt1. P.C. I HZM CORP. e CON UL"NO D1010OU" AND LNVIMMMQITA4 SMSTIM CONTRACT - CONV D. 12. COMPLIANCE WITH LABOR AND 13ENAL LAWS The Contractor hereby expressly agrees to comply with all the provisions of the Labor Law and any and all amendments thereto, insofar as the same are applicable to this Contract . The Labor Laws, as amended, provide that no laborer, workman or mechanic: in the employ of the Contractor, subcontractor or other person doing or contracting to do the whole or a part of the work con- templated by this Contract , shall be permitted or required to work more than eight (8) hours in any one calendar day, except in cases of extraordinary emergency caused by fire, flood, or danger to life or property; that no such person shall be employed more titan eight (8) hours in any day or more than t'ive (5) days in any week, except in such emergency; that the wages to be paid for a legal day 's work as hereinbefore defined, to laborers, workmen, or mechanics upon the work called for under this Con- tract , or for any materials used upon or in connection therewith, shall not be less titan 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 t provided; that employees engaged in the construction outside the limits of cities and villages are no longer exempt from the pro- visions of the Labor Law which required the payment of the pre- vailing rate of wages and the eight (8) hour day. Section 222 of the Labor Law, as amended by Chapters 556 and 557 of the Laws of 1933, provides that preference in employ- ment shall be given to citizens of the State of New York who have been residents of Suffolk County for at least six (6) consecutive months immediately prior to the commencement of their employment. Each person so employed shall furnish satis- factory proof of residence, in accordance with rules adopted by the Industrial Commissioner. Persons other than citizens of the State of New York shall be employed only when such citizens are not available. Section 222 further provides that upon the demand of the State Industrial Commissioner, the Con- tractor shall furnish a list of names and addresses of all his subcontractors and further provides that a violation of this section shall constitute a misdemeanor and shall be punishable by a fine of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00) or by imprisonment for not less than thirty (30) days nor more than ninety (90) days, or both fine and imprisonment. C-10 HOLVAA04 A, MdMOON A MURK11. P.C. / HN CORD. CoN"nno ora WW AMD wVIAMMUnµ SCIUMM CONTRACT - CONT'D. R Section 220A of the Labor Law, as amended by Chapter 472 of the Laws of 1932, provides that before payment is made by or on behalf of the State or any City, County, Town or Village or other civil deviation of the State, of any sums due on account of a contract for a public improvement, it is the duty of the Comptroller or the financial officer of the Municipal Corporation to require the Contractor and each and every sub- contractor to file a certified statement in writing, in satis- factory form, certifying to the amounts then due and owing to any and all laborers for daily or weekly wages on account of labor performed upon the work of the Contract , setting forth therein the names of the persons whose wages are unpaid and the amount due each, respectively. Section 220-B of the Labor Law, as so amended, provides that any interested person who shall have previously filed a protest in writing objecting to the payment to any Contractor or subcontractor to the extent of the amount or amounts due or to become due to him for daily or weekly wages for labor performed on the public improvement for which the Contract was entered into, or if, foo, any other reason, it may be deemed advisable, the Comptroller of the State or other financial officer of the Municipal Corporation may deduct from the whole amount of any payment on account thereof the sum or sums admitted by any Contractor or subcontractor in such statement or statements so filed to be due and owing by him on account of labor per- formed and may withhold the amount so deducted for the benefit of the laborers for daily or weekly wages, whose wages are unpaid as shown by the verified statements filed by any Con- tractor or subcontractor and may pay directly to any person the amount or amounts so shown to be due for such wages. Section 220-C of the Labor Law, as so amended, provides .the penalty for making of a false oath or verification. Section 220-D of the Labor Law provides that the advertised specifications for every Contract for the construction, recon- struction, maintenance and/or repair of highways to which the State, County, Town and/or Village is a party shall contain the provision stating the minimum rate of hourly wage that can be paid, as shall be designated by the Industrial Commissioner, to the laborers employed in the performance of the Contract, either by the Contractor, subcontractor or other person doing * or contracting to do the whole or part of the work contemplated by the Contract , and the Contract shall contain a stipulation that such laborers shall be paid not less than such hourly minimum rate of wage. Any person or corporation that willfully pays C-11 HOLZMACHER, MdMD 1r&MURRtZLI„ P.C. / H2M CORP. WMATING CM##U" AND 1XVIMMMQ/TAL MUMS" CONTRACT - CONT'D. after entering into such contract less than such stipulated minimum hourly wage scale shall be guilty of a misdemeanor and, upon conviction, shall be punished for a first offense by a fine of Five Hundred Dollars ($500.00) or by imprisonment for not more than thirty (30) days, or by both fine; and imprisonment for a second offense by a fine of One Thousand Dollars ($1,000. 00) and, in addition thereto, the Contract on which the violation has occurred shall be forfeited ; and no such person or corporation shall be entitled to receive any sum or nor shall any officer, agent or employee of the State pay the same or authorize its payment from the funds under his charge or control to any person or corporation for work done upon any contract , on which the Contractor has been convicted of second offense in violation of the provisions of this Section. The minimum wage rates established by the Industrial Com- missioner, State of New York, for this Contract , are as set forth in the Information for bidders. Section 1918 of the Penal Law, as amended, provides that no person shall discharge explosives in the ground, nor shall any person other than a state or county employee regularly engaged in the maintenance and repair thereof excavate in any then existing street, highway, or public place, unless notice thereof in writing shall have been given at least seventy-two hours in advance to the person, corporation or municipality engaged in the distribution of gas in such territory. The person having direction or control of such work shall give such notice and further, he shall ascertain whether there in within one hundred feet of such street, highway or public place, or in the case of a proposed discharge of explosives within a radius of two hundred feet of such discharge, any pipe of any person, corporation or municipality conveying combustible gas, and if any emergency involving danger to life, health or property, it shall be lawful to excavate without using explosives if the notices prescribed herein are given as soon as reasonably possible, and to disharge explosives to protect a person or persons from an immediate and substantial danger of death or serious personal in- jury if such notices are given before any such discharge is under- taken. Any such work shall be performed in such manner as to avoid damage to pipe conveying combustible gas. Any violation of the provisions of this Section shall be a misdemeanor. C-12 HOLZMACWA,MdEN00N 6 MUM" P.C. I H2M CORP. W"ULT" DONIO FA AND 9MVIMMM04"L rawTIM CONTRACT - CONT"D. 13. QUALII''ICATIONS FOR EMI)LOYMLNT No person under the age of sYxteen ( 16) years, and no person currently serving sentence in a Nenul or correctional institution shall be employed to perform any work on the project under this Contract . No person whose alae or physical condition is such as to make his employment dangerous to his health or safety, or the health and safety of othurs, shall be employed to perform aay work on this project ; provided, however, that such restriction shall not operate against the employment of physically handi- capped persons, otherwise employable, where each person may be safely assigned to work which they can ably perform. 14 . NON-DISCRIMINATION There shall be no discrimination because of race, creed or color in the employment of persons for work under this Contract , whether performed by the Contractor or any subcontractor. Neither shall the Contractor or any subcontractor discriminate in any manner against or intimidate any employee hired for the perform- ance of work under this Contract on account of race, creed or color. ~ There may be deducted from the amount payable to the Con- tractor by the Town under this Contract a penalty of Five Dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of this paragraph; provided that for a second or any subsequent violation of the terms of this paragraph, this Con- tract may be canceled or terminated by the Town and all monies due or to become due hereunder may be forfeited. 15. PAYMENT OV EMPLOYEES The Contractor and each of his subcontractors shall pay each of his employees engaged in work on this project under this Contract in full ( less deductions made mandatory by law) in cash and not less often than once each week. C-13 p HCLZMACHER. MCLENDON b MURRELL.O.C. / H2M CORP. CONBULTINO CNGINEMS AND ENVIRONMENTAL SCIENTIST! CONTRACT - CONT'D 16. ESTIMATES AND PAYMENTS (a) Final Certificate: Thirty (30) days after the Contractor shall have substantially completed the work required of it under the Contractor the Engineer will prepare a final certificate of the re- maining amount of the Contract balance less a sum equal to two (2) times the value of any remaining items to be completed and less an amount necessary to satisfy any claims, liens or judgements against the items of work are satisfactorily completed or corrected, the Town shall promptly pay, upon receipt of a requisition for these items less an amount necessary to satisfy any claims, liens or judgements against the Contractor which have not been suitably discharged. Any claims, liens and judgements referred to in this seciton shall pertain to the project and shall be filed in accordance with the terms of the applicable Contract and/or applicable laws. (b) In order to secure the performance of the convenant of the Contractor, prior to release of the Performance Bond, the Contractor shall deliver to the Town a Maintenance Bond equal to one hunderd percent (100%) of the total Contract price, including all extras. This maintenance bond shall remain in the full force and effect for a period of one (1) year after the date of the final certificate and such bond, which shall -be executed by the Contractor and issued by a reliable, solvent surety company authorized to do business in the State of New York shall guarantee to the Town that the Contractor shall promptly remedy any defects or faults that may occur within twelve (12) months after completion and acceptance of the work per- formed by the Contractor pursuant to this Contract. (c) The cost of the work performed under this Contract is being reimbursed to the Town by New York State. Payment to this Contractor shall be made by the Town within five (5) calendar days after receipt by the Town of State reimbursement for the work. C-14 HOUMACHER,MCLENOON 6 MURRELL, P.C. I "M COAT. cofts""HO 9MOS M AND WWOONMWAL Ss1OMM CONTRACT - CONT'U. (d) Measurements for Payment : The Engineer shall make due measurement of the work done during the progrests 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 the full measure of compensation to received by the Contractor. When requested by the Contractor, the Engineer shall measure, re-measure or reg—esLimate any portion of the: work; but Lhe expense of such re-measuremi:ut or re-estimating shall , unless material error be proved , be paid for by the Con Lructor. 17. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RI;i,EASE The acceptance by the Contractor of the .fi.nal. payment Shall be, and shall operate as a release to the Town from Lill claims and all liabilities to the Contractor for all things done or furnished in connection with this work and for every act and neglect of the Town and other relating to, or arising out of , this work, excepting the Contractor's claims for interest upon the final payment , if this payments 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. 18. CONSTRUCTION REPORTS The Contractor shall submit to the Engineer prior to the commencing of any work under this Contract a detailed schedule and plan of operation, indicat'ing the manner in which the Contractor proposes to prosecute the work, and a time schedule therefore. 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 Contractor shall furnish the Engineer with periodic esti- mates 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 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 other than the Town as may be required by such existing laws or regulations. C-15 4 MOLZMACWA McLENOON&MURR" P.C. I NZM CORP. coa"rHo u sanum ANO tN"w"maHAL MUM" CONTRACT - CONT'D. 19. INSPECTION AND TESTS All material and workmanship shall be suh,jec:t to inspection, examination and test by the Enginoer and other representatives of the Town at any time during the construction and at any and all places where manufacturing of materials used and/or construct- tion is carried on. Without additional charge, the Contractor shall furnish promptly all reasonable facilities, labor and materials neces- sary to make tests so required safe and convenient . If, at any time, before final acceptance of the entire work, the Engineer considers necessary or advisable an examin- ation of any portion of the work already completed, by removing or tearing out the same, the Contractor shall , upon request , furnish promptly all necessary facilities, labor and materials for such examination. If such work is found to be defective in any material respect , due to the fault of the Contractor or any subcontractor, or if any work shall be covered over without the approval or consent of the Engineer, whether or not the same shall be defective, the Contractor shall be liable for the expenses of or such examination and of satisfactory reconstruction. If, however, such approval and consent shall have been given, and such work is found to meet the requirements of this Contract , the Contractor shall be recompensed for the expense of such examin- ation and reconstruction in the manner herein provided for the payment of costs of extra work. The selection of laboratories and/or agencies for the in- spection and tests of supplies, materials or equipment shall be subject to the approval of the Engineer. Satisfactory documen- tary evidence that the material has passed the required inspec- tion and test must be furnished the Engineer prior to the incor- poration of the material in the work. Any rejected work shall be removed from the site of the project completely at the expense of the Contractor. C-16 y d HOL=MACNER.MCUNDW i MURK" P.C. I NZM CORP. cOh"j"Mo OWINtt" AND an"numamL Wonmrri CONTRACT - CONT'D. 20. 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 on the Plans shall have the same effect as if shown or mentioned respectively in both. In case of any conflict or inconsistency between the Plans Specifications , the Plans shall govern. Any discrepancy een the figures and specifications shall be submitted to the Engineer, whose decision therein shall be conclusive. 21 . SUBSURFACE CONDITIONS FOUNT) DIFFERENT Should the Contractor encounter subsurface conditions at the site materially differing from those shown on the Plans or indi- cated in the Specifications, he shall immediately give notice to the Engineer of such conditions before they are disturbed; the Engineer shall thereupon peomptly investigate the conditions and if he finds that they mateiially ' differ from those shown on the Plansor indicated on and/o=•eSpecificatlonseeshhelat once may find make such changes i necessary. Any increase ordecrease manneroprovidedresulting furfrom ad�justmeutnaes • will be adjusted in the to extra and/or additional work and changes . 22. CONTRACTOR'S TITLE TO MATERIALS No material or supplies for the work shall be purchased by the Contractor or by any subcontractor subject to any chattby el mortgage or under a conditional sale or other agreementactorwarrwhis an interest is retained by the seller. lies used by him that he has good title to all materials and supe in the work. 23. SUPERINTENDENCE BY CONTRACTOR At the site of the work the Contractor shall employ a Con- struction Superintendent or foreman who shall have full authority to act for the Contractor. It is understood that such represen- tative shall be acceptable to the Engineer and shall be one who can be continued in that capacity tile for the sparticular ,job involved unless he ceases to be O11 C-17 v MOLZMACHM MCMWN i MURR" P.C. I NZM CORP. CON""" oroINUM MO CHVINONMCWAL OC1E"Im CONTRACT - CONT'D. 24 PROTECTION OF WORK, PERSONS AND PROPERTY Precaution shall be exercised at all times for the proper protection of all persons, property and work. The safety pro- visions 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 Town or its Engineer to adequately safeguard the traveling public. The Contractor shall give notice to the owners of all utilities which may serve the area ,and request their assistance in pre- determining the location and depth of the various pipes, conducts, manholes and other underground facilities. 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 Town 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 Town might be liable. The Contractor shall be liable for all injury or damage caused by his act or neglect, or that of his employees. 25. PATENT RIGHTS As part of his obligation hereunder and without any ad- ditional compensation, the Contractor will pay for any patent fees or royalties required in respect to the work or any part thereof and will fully indemnify the Town for any loss on account of any infringement of any patent rights , unless prior to his use in the work of a particular process or a product of a particular manufacturer, he notifies the Town in writing that such process or product is an infringement of a patent. C-18 HOLZMACHER, Me1.ENDON 6 MURA" P.C. I 142M COR!•. QOMULTWa Cam"" "D u+VMONMaOTAI SGwrun CONTRACT - CONT'1). 26. REPRESENTATIONS OF CONTRACTOR The Contractor represents and warrants : (a) That he is financially solvent and that he is experienced in and competent to perfrom the type of work involved under this Contract and able to furnish the plant materials , supplies and/or equipment to be furnished for the work; and (b) that lie is familiar with all Federal , State and Municipal Laws , ordinances and regulations which may in any way affect the work of those employed hereunder. including butnot limited to any special acts relating to the work ; and (c) that such work required by these Contract Documents as is to be done by him can be satisfactorily constructed and used for the purpose for which it is intended and that such construc- tion will not injure any person or damage any property,* and (d) that lie has carefully examined the Plans , Specifications , and the site of the work, and that from his own investigation lie has satisfied himself as to the nature and location of the work, the character, location, quality and quantity of surface and sub- surface materials , structures and utilities likely to be encountered, the character of equipment, and other facilities needed for the performance of the work, the general local conditions which may in any way affect the work or its performance. 27. AUTHORITY OF THE ENGINEER In the performance of the work, the Contractor shall abide by all orders and directions and requirements of the Engineer and shall perform all work to the satisfaction of the Engineer, at such time and places, by such methods, and in such manner and sequence as he may require. The Engineer shall determine the amount, quality, acceptability and fitness of all parts of the work, shall interpret the plans, specifications, contract documents and any extra work orders and shall decide all d her questions in connection with the work. Upon request, the Engineer shall confirm in writing any oral orders, directions, requirements or determinations. The enumeratirn herein or elsewhere in the contract documents of particular instances in which the opinion, judgment, discretion or determination of the Engineer shall control, or in which work shall be performed to his satisfaction or subject to his approval, or inspection, shall not imply that only matters similar to those enumerated shall be so governed and so performed, but without exception all the work shall be governed ani so performed. C-19 HOLZMACWA,MCUNDON i MURR" P.C. ► HZM CORP. 00MNL"NO VNIMU" AND UIVIAMMQITAL KIUMSM CONTRACT - CONT'D. 28. SURVEYS The Engineer will furnish to the Contractor all layouts , measurements and lines and grades necessary for the execution of the work. When and as requested, the Contractor will fur- nish the necessary stakes and spikes for laying out such lines and grades and the unskilled labor necessary to place same. 29. CHANGES ANIS ALTERATIONS The Town reserves the right to make alterations in the location, line, grade, plans , form or dimensions of the work, or any part thereuf, either before or after the commencement of the construction. If such alterations diminish the amount of work to be done, no claim for damages or anticipates] 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 . 30. CORRECTION OF WORK All work and all materials, whether incorporated into the work or not, all processes of manufacture and all methods of con- struction shall be, at all times and places, subject to the in- spection of the Engineer who shall be the final judge of quality, materials, processes of manufacture and- methods of construction suitable for tele purpose for which they are used. Should they fail to meet his approval they shall be forthwith reconstructed, made good and replaced and/or corrected as the case may be, by the Contractor at his own expense. Rejected materials shall im- mediately be removed from the site. If, in the opinion of the Engineer, it ib 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, settlements, or shrinkages which may appear within one year following the date of elle final certi- ficate. Neither the acceptance of the completed work nor C-20 a MOLZAIAClIER. MdMOON A MtNt"u. m I "am COM. comm"t a eaaww+a Iwo NUMOMMOVAL OMOM » CONTRACT - CONT'D. payment therefor shall operate to release the Contractor or his sureties from any obligations under or upon this Contract or, the Performance Bona. 31 . WEATHER CONDITIONS In the event of temporary suspension of the work, or during inclement weather, or whenever the Engineer shall direct, this 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 materials shall have been damaged or• injured by reason of the 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. 32. THE TOWN'S RIGHT TO WITHHOLD PAYMENTS The Town may withhold from the Contractor so much of any approved payments due him as may, in the judgment of the Town, be necessary: 10 (a) To assure the payment of just claims then due and unpaid of any persons supplying labor or materials for the work; (b) To protect the Town from loss due to defec- tive work not remedied, or (c) To protect the Town from loss due to injury to persons or damage to the work or property of other contractors or subcontractors or others, caused by tie act or neglect of the Contractor or any of his subcontractors. The Town shall have the right, as agent for the Contractor, to apply any such amounts so withheld in such manner as the Town may deem proper to satisfy such claims or to secure such protection. Such application of such money shall be deemed payments for the account of the Contractor. C-21 HOLIMACHER, McLENDON A MURRELL, P.C. I H2M CORP. ^, CONwL"NO CNOIN"" AND 9NVd1ONMWTA& rcewrem CONTRACT - CONT 1 1). 33. T111: TOWN 'S H10111' TO STOP WORK OR TERMINATE' CONTRACT: 11., (a ) The Contractor shall be adjudged bankrulit or make 'in assignment for Elio benefit of creditors , or (b) A receiver or liquidator shall be appointed for the Contractor for any of his propurl.y and shall not be dismissed Within 20 days alter such appointment , or the proceedings in connection therewith shall not be stayed on appeal within the said 20 days, or (e) The Contractor shall. refuse or fail , after nol. iee or warning from the Engineer, to tiupp1y unout;h pruperrIy skilled workmen or proper materials, or ( d) The Contractor shall refuse or fail to prosecute the work or any pert thereof with such diligence as will insure its completion within the period lievoin specified (or any duly authorized extension thereof) or shall fail to complete the work within said period, or (e) The Cont rae.tor shall fail to make prompt payment to persons supplying labor or materials for Elie work , or ( f) The Contractor shall fail or ret'use lo regard laws , ordinances, or the instructions of the Engineer or otherwise: be guilty of a substantial violation of uny provision of this Contract, then, and in any such event , the Town, without prejudice to any other rights or remedy it may have, may by seven (7) days notice to the Contractor, terminate the employ- ment of the Contractor and his rights to proceed either as to the entire work or (at the option of the Town) as to any portion thereof as to which delay shall have occurred, and may take possession of the work and complete the work by contract or otherwise, as the Town may deem expedient . In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the compensation to be paid the Contractor hereunder shall exceed the expense of so completing the work ( including compensation for additional managerial , administrative and inspection services and any damages for delay) , such excess shall be paid to the Contractor. C-22 MOl ZMACNER, Md MWN a MURK" RC. I HZM UMP. ` WNSYLTiNO OWN"AA AnD gm%"MWUUgAL SCICWi r» CONTRACT - CONT'U. If such expense shall exceed the unpaid balance, the Contractor and his sureties shall be liable to the Town for such excess .. If the right of the Contractor to proceed with the work is 'so terminated, the Town may take possession of and utilize in completing the work such materials, appliances, supplies , plant and equipment as may be on the site of the work and necessary thereof. If the Town does not so terminate the right of the Contractor to proceed, the Contractor shall continue the work. 34. CONTRACTOR'S RIGHT TO STOP WORK OR TERMTNATE CONTRACT If the work shall be stopped by order of the Court or any other public authority, for a period of three months without act or fault of the Contractor or of any of his agents, servants , em- ployees or subcontractors, the Contractor , may, upon ten (10) days notice to . the Town, discontinue his performance of the work and/or terminate the Contract , in which event the liability of the Town to the Contractor shall be determined as provided in the paragraphs immediately preceding, except that the Contractor shall not be obligated to pay to the Town any excess of the expense of completing the work over the unpaid balance of the compensation to be paid to the Contractor hereunder. e 35. RESPONSIBILITY OF WORK The Contractor agrees to be responsible for the entire work embraced in this Contract until its completion and final acceptance, and that any unfaithful or imperfect work that may become damaged from any cause, either by act of commission or omission to properly guard and protect the work that may be dis- covered at any time before. the completion and acceptance shall be removed and replaced by good and satisfactory work without any charge to the Town and that such removal and replacement will be performed immediately on the requirement of the Engineer, notwithstanding the fact that it may have been overlooked by the proper inspector, and partial payment made thereon. It is fully understood by the Contractor that the inspection of the work shall not relieve him of any obligation to do sound and reliable work as herein prescribed, and that any omission to disapprove of any work by the Engineer at or before the time of a partial payment or other estimate shall not be construed to be an acceptance of any defective work. C-23 NOIZMACHER, MCtENNN&MURR" P.C. / H2M CORP. CONSUITIMO 010 UMS AND tNVIAGNMCMIAL 9004T11Tf CONTRACT - CONT'1). 36. USES OF PREMISES AND REMOVAL OF DEBRIS The Contractor expressly undertakes at his own expense: (a) to take every precaution against injury to persons or damages to property ; (b) to store his apparatus , materials , supplies and equip- ment in such orderly fashion at the site of the work as will not' unduly interl'ere with the progress of his work or the work of any of his subcontractors ; or other contractors ; (c) to place upon any of the completed work only such super- imposed loads as are consistent with the safety of that purtiwl of the work; (d) 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 and orderly and workmanlike appearance ; (e) before final certificate, to remove all surplus material, temporary structures , plants; of any description and debris of any and every nature resulting from his operations and to put the site in a neat and orderly condition. 37. POWER OF THE CONTRACTOR TO ACT IN AN EMERGENCY In case of an emergency which threatens loss or injury to property and/or safety to life, the Contractor will be permitted to act as he sees fit without previous instructions from the En- gineer. He shall notify the Engineer thereof immediately there- after and any compensation claimed by the Contractor due to extra work made necessary because of his acts in such emergency shall be 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, tie shall act as in- structed by the Engineer. The amount of reimhursement claimed by the Contractor on account of any such action shall be determined in the manner provided herein for the payment of extra work. M HOtZMACHER, MdSNOON A WARM, P.C. I H2M COAD. COWW.TIND O101MURS AND 9MVIO NMORAL GOLNTIOU CONTRACT - CONT'1). 38. SUITS AT LAW The Contractor shall indemnify and save: harmless the 'town from and against all suits, claims , demands or actions for any injury sustained or alleged to be sustained by any party or parties in connection with the construction of the work or any part thereof, or any commission or omission of the Contractor , his employees or agents or any subcontractors and in case any such action shall be brought against the Town, the Contractor shall immediately take care of and defend the same at his own cost and expense. 39. PROVISIONS R1'011IREU BY LAW DEEMED INSEIi'I'ED Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein, and, if through mistake or otherwise, any such provision is not inserted or is not correctly inserted, Llien upon the application of either party, the Contract shall forthwith be physically amended to make such insertion. 40. SUBLETTING. SUCCESSOR AND ASSIGNS The Contractor shall not sublet any part of the work under this Contract, nor assign any money due him hereunder without first obtain- ing the written consent of the Town. This Contract shall endure to the benefit of and shall be binding upon the parties hereunder and upon their respective successors and assigns, but neither party shall assign or transfer his interest herein in whole or in part without consent of the other. 41 . WAIVER OF IMMUNITY If any person, corporation, or body contracting with the Town, who when called before a grand ,jury, head of a city department , or other agency, which is empowered to compel the attendance of wit- ness and examine them under oath, to testify in an investigation concerning any transaction or contract had with the state, any polit- ical subdivision thereof, a public authority or with any public department, agency or official of the state or of any political sub- division thereof or of a public authority, refuses to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant question concerning such transaction or contract, then C-25 HOL?MACHER, MCLENOON i MURRELL, RC. i H2M CORP. 00""nm V mwAw Ano wwwoaMo+rµ st1o+nws CONTRACT - CONT'D. (a) such person, and any firm, partnership or corporation of which lie is a member, partner, director or officer shall be disqual- ified from thereafter selling; to or submitting; bids to or receiving; awards from or entering; into any contracts wilh any municipal corp- oration or fire district , or any public department , agency or official thereof, for goods, work or services , for a period of five years after such refusal (b) any and all contracts made with the Town or any agency or official thereof, by such person, and by any firm, partnership, or corporation of which lie is a member, partner, director or officer may be cancelled or terminated by the Town without incurring any penalty or damages on account of such cancellation or termination, but any monies owing; by the municipal corporation for goods delivered or work done prior to the cancellation or termination shall be paid. C-26 HOLZMACHER, MCUNQON 6 MURRELI., P.C. / H2M CORP. CONSUL"NO v101MLLAS AND LNVIAONMEffµ MEMOS" CONTRACT - CONT'D. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. TOWN OF THO D BY; (TOWN SEAL) Supervisor ��,PL<+y AND kf#gH� INC. (SEAL) Contractor BY: J�Ct.�,' al.0 ♦ A!! TITLE: Csr„E< G�w��ir/raE/2 STATE OF NEW YORK ) ) ss: COUNTY OF SUFFOLK ) " L ,, On the ? '��day of_e-�� —, 19�� , before me personally came W441ietm R.--ftA ll TV- to me known, who being by me duly sworn, did �ipANC�S T MAR h • depose and say that hei s the 4upervisor of the Town of Southold, County of Suffolk, New York, and that at a meeting of the Town Board of the Town of Southold, duly held on the�day of d 2� , 19 ,91 , the said Board, authorized the said Super- visor visor to execute all and any contracts on behalf of the Board; that he knows the seal of the said Town, that the Seal affixed to the foregoing instrument is its corporate seal ; that it was affixed thereto by order of the said Board, and that he signed his name thereto and executed the said instrument on behalf of the said Town by like order and authority. NOMY PUBLIC t of New York COif ri it_rl L,,,,aEJ lbiiiYC L�!lri2 C-27 HOLZMACHER, McUNDON a MURR" P.C. / H2M CORP. 0MOULTIN0 WGINUM AND ENWIIONMORAL SCIOVTIM CONTRACT - CONT'D. ACKNOWLEDGMENT OF CONTRACTOR, IF A CORPORATION STATE OF NEW YORK) SS: COUNTY OFSti �K) On thiso��dday of (�c�p,b E� 19 �_, before me personally came and appeared A'0,4A/C&-J- , h1Q0dI9 . , to me known, who by me being duly sworn, did depose and say that ,h/e resides at �, 4A u gee i, � .g1yu P ,e�T fFeIe�so1V, �L that he is the N e� of Aek,Ci'. .liv� . the Corporation described in and which executed the foregoing in- strument , that. lie knows the seal of said corporation, that one of the seals affixed to said instrument is such seal , that it was so affixed by order of the Directors of said corporation, and that he signed his name thereto by like order. JUDMI T TER<<Y NOTNI-i + cf fq wYork E' o:': Cam, � NOT PUBLIC 30 ACKNOWLEDGMENT OF CONTRACTOR, IF A PARTNERSHIP STATE OF NEW YORK) SS: COUNTY OF ) On this day of 19 before me personally came and appeared , to me known, and known to me to be one of the members of the firm of described in and who executed the foregoing instrument, and lie acknowledged to me that he ex- ecuted the same as and for the act and deed of said form. NOTARY PUBLIC w C-28 ii HOLZMACHER. McLENDON &MURRELL. P.C. / HZM CORP. CONlULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS GENERAL CONDITIONS 1. GENERAL CONDITIONS A. The "General Conditions" are hereby made a part of this Specification and are attached herein. B. Where any article of the "General Conditions" is supplemented hereby, the provisions of such article shall remain in effect. All the supplemental provisions shall be considered as added thereto. Where any such article is amended, voided or superseded thereby, the provi- sions of such article not so specifically amended, voided or super- seded shall remain in effect. Work, materials, plant, labor and other requirements of the Gen- eral Conditions shall be furnished by the Contractor. No direct pay- ment shall be made for these General Conditions, and payment shall be deemed to be included in the contract price or various items of the entire contract . 2. CONTRACT DOCUMENTS The Contract Documents include, but are not limited to, the General Conditions, General Specifications, Detailed Specifications, Plans, Proposal Form, Contract and other sections as either cited on the index pages or actually included in the bound documents. • Each section of the Contract Documents is intended to be comple- mentary to the other sections. It is intended that they include all items of labor and materials, and everything required and necessary to complete the work, even though some items of work or materials may not be particularly men- tioned in every section or may have been inadvertently omitted from the Drawings or Specifications, or both. 3. APPROVAL OF SUBCONTRACTORS AND MATERIALS 6 1 Prior to commencing any work under this Contract , the Contractor shall submit to the Engineer, for approval, a list of all the sub- contractors and material suppliers he proposes to use for this Con- tract . No subcontractor or material supplier will be permitted to de- liver materials or perform any work on this Contract until he has been approved by the Engineer in writing. GC-1 HOLZMACHER. McLENDON 6 MURRELL. P.C. / H2M CORP. CONSULTINO ENGINEERS AND EJNVIRONMONTAL RCIENTISTS GENERAL CONDITIONS (CONT'D.) 4 . INTERPRETATION OF DRAWINGS• ETC. A. In the event of discrepancies between the Drawings and the Specifications, the following order shall be given preference when making interpretations: 1. Addenda (later dates to take precedence over earlier dates) 2. Drawings (schedules or notes to take precedence over other data shown on Drawings) 3. Detailed Specifications 4. General Specifications 5. General Conditions B. On all plans, drawings, etc. , the figure dimensions shall govern in the case of discrepancy between the scales and figures. C. The Contractor shall take no advantage of any error or omission in the Plans, or of any discrepancy between the Plans and Specifications, and the 9ngineer shall make such corrections and interpretations as may be deemed necessary for the fulfillment of the intent of the Specifications and of the Plans as construed by him, and his decision shall be final. D. All work that may be called for in the Specifications and not shown on the Plans, or shown on the Plans and not called for in the Specifications, shall be furnished and executed by the Contractor as if designated by both. Should any work or material be required 6 which is not denoted in the Plans and Specifications, either directly 1 or indirectly, but which is, nevertheless, necessary for the proper carrying out of the intent thereof, it is understood and agreed that the same is implied and required, and that the Contractor shall per- form such work and furnish such materials as if they were completely delineated and described. 5. ADDITIONAL WORK Additional work, if required to be performed under this Contract, will be in accordance with the applicable paragraphs of the Contract . The Engineer shall be the sole judge as to whether such work was in- tended as part of the Contract or is in addition thereto. GC-2 HOLZMACHER. McLENDON 6 MURRELL. P.C. / H2M CORP. WNSWINO ENOINURS AND ENVIhONMENtAL SCIENtIt" y GENERAL CONDITIONS (CONT'D. ) $. OCCtPATIONAL SAFETY AND HEALTH ACT The Contractor shall meet all standards of the Occupational Safety and Health Act of 1970 and subsequent revision. This shall include, but not be iiihited toy the following areas: Sanitation, noise; radiation gases, vapors, fumes, mists, dusty iihimination, veiitiiatloh protes ive equipmeiit , fire protection, waste disposal, electrical lidzards; scai'tolds and ladders, floor Tidies and wall openitirs and heavy equipihent . Ail specific require- iients of the Act shdll 6e adhered to. 7. SAPtTY PROVISIONS The Contractor shall take every precaution and shall provide such equipment and facilities as are hecessary or required for the sdfety of his employees. Ih case of ail accident , first aid shad be administered to any who may be injured in the progress of the work. In addition, the Contractor shall also be prepared for the removdl, to the hospital for treatment , of any employee either seriously in- jured or ill. 8. SANITARY REGULATIONS A. In addition to compliance with the Occupational Safety and Health Act, the Contractor shall erect and maintain necessary sani- tary conveniences for the use of employees on the work. Such con- veniences shall be properly secluded from observation, and their use shall be strictly enforced. Stich sanitary conveniences shall be constructed in compliance with all laws or dinancesor regulations governing these facilities. The contents of the same sha i be re- moved, with sufficient frequency to prevent nuisance, and disposed of to the satisfaction of the thgineer. B. The Contractor shall dbe' and enforce such other sahitary 6 regulations and orders and shall Ake such precautions against in- t fectious diseases as may be deemed necessary. Ih case any infectious diseases occur among his employees, he shall arraha for the iliiihediate removal of the patient from the work and his isolation from a1i per- sons connected with the work. C. The building of shanties or other structures for housing the men, tools, machineryy or supplies will be permitted only at approved places, and the sanitar' condition of the grounds in and at stick shanties or other structures must , at all tithes, be maintained in a satisfactory manner. GC-� HOLZMACHER. MCLENDON &MURRELL. P.C. ! H2M CORP. WNSULTINQ ENGINEERS AND ENVIRONMENTAL SCIENTIST! GRNERAL CONDITIONS (CONT'D„ ) 9. RESPONSIBILITY OF ENGINEER AND CONTRACTOR DU11ING CONSTRUCTION A. The Engineer is responsible solely for the general and/or detailed inspection of the work being performed. Such inspection will be periodic and strictly to assure conformance of the Contractor with the Plans and Specifications, such that the end product will conform to the plans ana Specifications. D. The Contractor is responsible for complete conformance to the Plans and Specifications, proper construction procedures ; co- ordination with subcontractors, other contractors and utilities, and safe working conditions for his employees. 10. LABOR A. All contractors and subcontractors employed upon the work shall and will be required to conform to the Labor Laws of the State of New York and the various acts amendatory and supplementary there- to; and to all other laws, ordinances and legal requirements applicable thereto. 13. All labor shall be performed in the best and most workman- like 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. Il. CONTRACTOR' S REPRESENTATIVE The Contractor, in case of his absence from the work, shall have a competent representative or foreman present, who shall follow with- out delay all instructions of the .Engineer or his assistants in the prosecution and completion of the work, in conformity with this Con- tract , and shall have full authority to supply labor and material immediately. The Contractor shall also have a competent representa- tive available to receive telephone messages and provide a reasonable 6 reply as soon as possible, but not later than twenty-four (24) hours. 1 GC-4 HOLZMACHER, MdLEN00N i MURRELL. P.C. / HZM CORP. CONSULTING V40IN99M Mo 1XVIMMMDIMAL •CIEWnsn GENERAL CONDITIONS (CONT'D J 12. INCOMPETENT EMPLOYEES The Contractor shall employ only competent , skilled and faithful men to do the work. Upon request of the Engineer in writing, the Con- tractor shall suspend or discharge from the work any disobedient, dis- orderly or incompetent person or persons employed thereon, and will not again employ any person so suspended or discharged without the consent of the Engineer. This requirement shall not be made on the basis of any claim for compensation or damages against the Town or any of its officers or agents. 13. CLAIMS OR PROTESTS If the Contractor considers any work required of him to be out- side the requirements of the Contract, or considers any record or ruling of the Engineers or Inspectors as unfair, he shall ask for written instructions or decisions immediately, and then file a writ- ten protest with the Town against the same within five (5) days thereafter, or be considered as having accepted the record or ruling. w 14. NOTIFICATION INTERFERENCE AND INJURY TO UTILITIES A. The Contractor shall cooperate in every way with the Utility Companies. B. The Utility Companies shall be notified in accordance with Section 1918 of the Penal Law of the State of New York, entitled "Construction or Blasting near Pipes Conveying Combustible Gas," and with Article 209 Section 322-a of the New York State General Business Law. 6 C. All conduits, water mains and gas mains encountered in the 1 construction shall be properly and safely taken care of by the Con- tractor, who shall, upon encountering same, notify the public corpora- tion to whom they belong, in order that they may be changed in such a manner as not to interfere with the final construction. D. In case any damage shall result to any service pipe for water or gas, or any private or public sewer or conduit by reason of negli- gence on the part of the Contractor, he shall, without delay and at his own expense, repair the same to the satisfaction of the Engineer, and in case such repairs are not made promptly or satisfactorily, the Town may have the repairs made by another Contractor or otherwise, and deduct the cost of same from any monies due or to become due the Con- tractor. GC-5 HOLZmACHER. M@UNDON 6 MURR" P.C. / H2M CORP. coNsulnNo ENOINUM AND UMMONMENT" •CIMS" GENERAL CONDITIONS (CONT'D.) 15. INFRINGEMENT OF PATENTS The Contractor further agrees to hold himself responsible for any claims made against the District for any infringement of patents by the use of patented articles in any one phase of construction of the work and the completion of same, or any process connected with the work agreed to be performed under this Contract , or of any materials used upon the said work and to save harmless and indemnify the Town from all costs, expenses and damages which the Town shall be -obliged to pay by reason of any infringement of patents used in the construc- tion and completion of the work. 16. DAMAGES All damage, direct or indirect, of whatever nature resulting from either the performance of, or resulting to the work under, this Con- tract during its progress from whatever cause, shall be borne and sus- tained by the Contractor, and all work shall be solely at his risk until the date of the final certificate. 17. GUARANTEE WARRANTY w This Contractor shall guarantee and warrant his work and that of his subcontractors against defects in workmanship and/or material for a period of one (1) year from the date of final certificate by the Engineer except as otherwise specified. Upon written notification from the Engineer, the Contractor shall repair, replace or reconstruct such defects to the satisfaction of the Engineer at no cost to the Town. 18. STANDARDIZATION The DETAILED and General Specifications indicate specific manu- facturers and/or catalog numbers, etc. , for the purpose of standardiza- tion within the Town in order to minimize stockpiling of replacement parts. 19. DEFINITIONS 1 The words "or approved equal" as hereinafter used shall refer to the use of an equal product that has received prior approval by the Consulting Engineer for the Town. The word "Engineer" refers to HOLZMACHER, McLENDON & MURRELL9 P.C. ,, Consulting Engineer for the Town of Southold. GC-6 HOIZMACHER, MCLENOON d MURRELL. P.C. / H2M CORP. CONSULTING ENGINUAS ANO UMMMMENTAL SC1E7VT M GENERAL CONDITIONS CONT'D. ) 20. CLAIMS ARISING FROM DELAY This Contractor shall not hold the Town, the Engineer or their officers, agents and employees responsible for any liability, claims, losses or damage arising out of the failure to perform, delay, or poor workmanship by another Contractor. Any claim by this Contractor arising out of the failure to perform, delay, or poor workmanship by any other contractor shall be filed against said other contractor which has failed to perform, caused a delay or utilized poor workmanship. w GC-7 HOLZMACHER,McLENDON i MURRELL,P.C.I H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS GENERAL SPECIFICATIONS THE ITEMS HEREIN REFERRED TO ARE TIiE. ITEMS OF THE SUFFOLK COUNTY DEPARTMENT OF PUBLIC WORKS SPECIFICA— TIONS ADOPTED NOVEMBER 1, 1968 AS AMENDED. THESE SPECIFICATIONS SHALL BE INCORPORATED BY REFERENCE AND SHALL APPLY AS IF DETAILED IN FULL, UNLESS HEREIN MODIFIED. GS-1 HOLZMACHER, McLENDON&MURRELL,P.C.I H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS GENERAL SPECIFICATIONS GENERAL REQUIREMENTS The successful Bidder shall furnish and deliver to the project site asphaltic concrete of an approved quality which shall meet the require- ments shown under its respective item for the kind of material furnished. For any item, the material furnished shall show uniform test . QUANTITIES OF BITUMINOUS MATERIALS The Contractor must furnish to the Engineer a certified copy of the weights of the asphaltic concrete materials as they are delivered. A separate certified ticket from the plant will be required for each individual truck load of material indicating the material type, and amoun measured in TONS. MATERIALS The materials shall be in accordance with the material's details for the respective items in the Suffolk County Department of Public Works ' Specifications , except as modified in the Technical Specifications of this Contract . DELIVERY All materials shall be deliverable upon a minimum advance notice of 48 hours. Deliveries shall be made on week days (Monday thru Friday) between the hours of 7:00 AM and 5 :00 PM prevailing time, as ordered. Delivery shall be continuous throughout the daily paving operation at the project site. COORDINATION Materials shall be delivered when and as directed by and to the approval of the Engineer; deliveries shall be carefully coordinated with the work being done by others on the project site. The work under this Contract shall be intimately coordinated with the work of the Contractor which is placing the asphatlic concrete pave- ments at the project site. This Contractor shall deliver the specified materials in accordance with the paving schedule, which shall be furnishe by the Contractor which is placing the materials , no less than 48 hours before paving is to commence. GS-2 HOLZMACHER, McLENDON& MURRELL,P.C.1 H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS GENERAL SPECIFICATIONS (CONT'D. ) COORDINATION (CONT'D) It is the intent of this Contract to insure a continuous , high quality paving operation , and to minimize lay-over of loaded vehicles at the job site. Asphalt concrete which arrives at the job site ahead of schedule, and cannot be laid prior to cooling below adequate temperature, shall be removed and disposed of at this Contractor's expense. This Contractor shall be solely responsible for damages incurred to himself or others if he is unable to furnish and deliver the specified materials within reasonable conformance with the paving schedule. UNLOADING OF MATERIALS All asphaltic concrete materials will be unloaded directly into the Paving Contractor's paving machine. No materials will be stockpiled, for whatever reason. This Contractor will be responsible for holding the asphalt concrete materialin his delivery vehicles for a reasonable period of time, if the paver becomes temporarily backlogged. This Contractor will maneuver his delivery vehicles as required to deposit the asphalt concrete materials into the Paving Contractor' s self propelled machine, fully facilitating the Paving Contractor's operation. This Contractor shall intimately coordinate his dumping and maneuvering so as to optimize pavement quality and expedite installation. MEASUREMENT AND PAYMENT The unit prices bid shall be full compensation for manufacturing, furnishing, and delivering to the project site the specified asphalt concrete pavement materials, and shall also include materials, labor, equipment, and incidentals necessary to complete the work satisfactorily. APPROVALS Prior to executing agreements with any subcontractors and/or suppliers, the Contractor shall submit the name(s) of the subcontractors and/or material suppliers to the Engineer for written approval . y GS-3 HOLZMACHER. McLENDON d MURREU, P.C. / HZM CORP. CONSUMNO ENOINEERA AND ENVIRONMEMTAL SCIENTISTS r TECHNICAL SPECIFICATIONS w J s HOLZMACHER,McLENDON&MURRELL,P.C.1 H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS ITEM 51-F. 1A TOPr 1.0 SCOPE Under this Item, the Contractor shall furnish and deliver type lA top asphalt concrete to New Suffolk Avenue and certain intersecting side streets, generally between Camp Mineola Road and Meadow Lane, as directed by and to the approval of the Engineer. 1.1 MATERIALS The material shall be TOP course asphalt concrete type 1A, meeting all of the requirements for lA top asphalt as specified under"Item 51-F, Asphalt Concrete Type 1A, Two Courses'; of the Suffolk County Department of Public Works' Specifications of November 1, 1968, as Amended. This material shall be the top course of the two-course surface specified as Item 51-F: The plant at which the materials are manufactured, as well as the method of manufacturing, including preparation of aggregates, quality of aggregates , heating, batching, mixing, quality of bituminous material , and adherence to job mix formula, shall be in strict conformance with Part II , Section 8 of the Suffolk County Department of Public Works ' Specifications of November 1, 1968 , as amended. The material shall 8e supplied to the project site at a temperature J which is no less than 25 F above the minimum paving temperature as specified in Part II , Section 8 of the Suffolk County Department of Public Works' Specifications of November 13, 1968, as amended. 1.2 METHOD OF MEASUREMENT The quantity to be paid for under this Item shall be the number of tons of material which are delivered in accordance with this specification, the paving schedule as established by the Paving Contractor, and the orders of the Engineer. No payment will be made by the Town for material which is not utilized for pavement construction on this project . The quantity shall be measured using the certified weight of each load supplied to the Paving Contractor on the project . Where only a fraction of a load is placed, the Engineer will determine what fraction of the load was utilized, and adjust the certified weight accordingly. r i TS-1 HOLZMACHER,McLENDON&MURRELL,P.C.I H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS i ITEM 51-F, 1A TOP (CONT-D. ) 1.3 BASIS OF PAYMENT The unit price per ton for this item shall include the cost of furnishing all labor, materials amd equipment necessary to complete the work including bitumen , aggregate, :nixing, transport , and delivery. R T$-2 HOLZMACHER,McLENDON i MURRELL,P.C.I H2M CORP. t -} CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS ITEM 51-F, BINDER 2.0 SCOPE Under this item the Contractor shall furnish and deliver binder type asphalt concrete to New Suffolk Avenue and certain intersecting side streets, generally between Camp Mineala Road amd Meadow Lane, as directed by and to the approval of the Engineer. 2.1 MATERIALS The material shall be binder course asphalt concrete meeting all of the requirements for asphalt concrete as specified under "Item 51-F, Asphalt Concrete Type 1A, Two Courses" , of the Suffolk County Department of Public Works ' Specifications of November 1, 1968, as amended. This material shall be the bottom course of the two-course surface specified as Item 51-F. The plant at which the materials are manufactured, as well as the method of manufacture, including preparation of aggregates, quality of aggregates, heating, batching, mixing, quality of bituminous material , and adherence to job mix formula, shall be in strict conformance with Part II, Section 8 of the Suffolk County Department of Public Works ' Specifications of November 1, 1981, as amended. The material shall b8 supplied to the project site at a temperature which is no less than 25 F above the minimum paving temperature as specified in Part II; Section 8 of the Suffolk County Department of Public Works'Specifications of November 1 , 1968, as amended. 2.2 METHOD OF MEASUREMENT The quantity to be paid for under this item shall be the number of tons of material which is delivered in accordance with this specification the paving schedule as established by the Paving Contractor, and the orders of the Engineer. No payment will be made by the Town for material which is not utilized for pavenent construction on this project . The quantity shall be measured using the certified weight of each load supplied to the Paving Contractor on the project . Where only a fraction of the load',is placed, the Engineer will determine what fraction of the load was utilized and adjust the certified weight . accordingly. 2.3 :_BASIS OF PAYMENT The unit price bid per ton for this item shall include the cost of furnishing all labor, materials, and equipment necessary to complete the work, including, bitumen, Wgregate, mixing, transport , and delivery. TS-3 HOLZMACHER,McLENDON&MURRELL,P.C./H2M CORP. * CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS ITEM 51-Y, SHOULDER ASPHALT 3.0 SCOPE Under this Item the Contractor shall furnish and deliver Shoulder Type Asphalt Concrete to New Suffolk Avenue and certain intersecting side streets, generally between Camp Mineola Road and Meadow Lane, as directed and to the approval of the Engineer. 3.1 MATERIALS The material shall be shoulder course asphalt concrete meeting all of the requirements for shoulder asphalt as specified under "Item 51-Y- Asphalt Concrete for Shoulders", of the Suffolk County Department of Public Works ' Specifications of November 1, 1968, as amended. The plant at which the materials are manufactured, as well as the method of manufacture, including preparation of aggregates , quality of aggregate, heating, batching, mixing, quality of bituminous material, and adherence to job mix formula, shall be in strict conformance with Part II, Section 8 of the Suffolk County Department of Public Works'Specifications of November 1, 1968, as amended. The material shall 8e supplied to the project site at a temperature which is no less than 25 F above the minimum paving temperature as specified in Part II , Section 8 of the Suffolk County Department of Public Works ' Specifications of November 1, 1968, as amended. 3.2 METHOD OF MEASUREMENT The quantity to be paid for under this item shall be the number of tons of material which are delivered in accordance with this specificatio , the paving schedule as established by the Paving Contractor, and the orders of the Engineer. No payment will be made by the Town for material which is not utilized for pavement construction on this project . The quantity shall be measured using the certified weight of each load supplied to the Paving Contractor on the project . Where only a fraction of a load is placed, the Engineer will determine what fraction of the load was utilized, and adjust the certified weight accordingly. 3.3 BASIS OF ,PAYMENT The unit price bid per ton for this item shall include the cost of furnishing all labor, materials and equipment necessary to complete the work, including bitumen, aggregate, mixing, transport , and delivery. TS-4 WUMACHER, MCIENDON&MURR" P.C. / HZM CORP. +� CONSULTING ENOINEMS AND ENWWNMEWAL SCIENTISTS LOCATION MAP SOUTHOLD TOWN HALL ! ! +'•M`a'r �r •l,��Ott by yr.. . i:...;•r• .�%: • '' a 44 NEW OF LK .r �E PROJECT' \�o LOCATION LM-1 ®2 .Alp wed HOLZMACHER,McLENDONand MURRELLP.0/ \� '4 | Consulting Engineers. Environmental Scientists and Planners4 Melville,N.Y. Farmingdale.N.Y. %_me■kf1 TOWN OF SOUTHOLD ` SUFFOLK COUNTY NEW YORK ¥ \ CONTRACT AND SPECIFICATIONS * //) FOR \ FURNISHING AND DELIVERING BINDER, TOP, AND SHOULDER COURSE ASPHALT CONCRETE . TO NEW SUFFOLK AVENUE /} - PROJECT NO. SOST 81-08-a : TOWN BOARD 1 2 Supervisor \ . William R. Pell III . � Councilmen<� \ } Henry W. Drum Francis T. Murphy tarry W. Murdock John J. Nickles \:/ } Justice \ . Francis T. Doyen \\« 2 SUPT. OF HIGHWAYS . TOWN CLERK ] Raymond C. Dean Judith T. ferry .y�} SEPT£Nt£a 1.981 1 \ \q HOLZMACHER,McLENDONand MURRELL,P.C. / Consulting Engineers. Environmental Scientists and Planners Mevlle.N.Y. Farmingdale,N.Y. Fliv me d.N.Y. K \\ HCLZMACHER, MCLENOON a MURRELL. P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS NDEX TOWN OF SOUTHOLD J FURNISHING AND DELIVERING - - BINDER, TOP, AND SHOULDER COURSE ASPHALT CONCRETE TO NEW 'SUFFOLKAVENUE PAGE Index I - 1 page Notice to Bidders NB - 1 page Information for Bidders IB - 12 pages Proposal P-A thru P-D Indemnity, Limitation of Liability ILL - 1 page Contract ' C - 28 pages -,A General Conditions GC - 7 pages General Specifications GS - 3 pages Technical Specifications TS - 4 pages Location Map LM - 1 page I - 1 1 HOLZMACHER,MCLENDON A MURRELL,P.C.1 N2M CORP. CON"TINO ENGINEERS AND ENVIRONMENTAL.SCIENTISTS NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN that SEALED BIDS will be received by the Town Clerk of the Town of_Southold at the Town Hall, Main Road, Southold, New York, until 10: 00 A.M. prevailing time, on Thursday, Sept. 24, 1981. at which time and place they will be publicly opened and 'read for the following contract: FURNISHING AND DELIVERING BINDER, TOP, AND SHOULDER COURSE ASPHALT CONCRETE TO NEW SUFFOLK AVENUE The above item must conform to the Specifications of the Suffolk County Department of Public Works for Item 51-F - Asphalt Type lA (Two- Courses)- and Item 51Y - Asphalt Concrete for Shoulders. Specifications may be obtained on or after Sept. 17, 1981 at the Town Hall and offices of the Consulting Engineers, HOLZMACHER, McLENDON & MURRELL, P.C. , 209 West Main Street, Riverhead, New York, 11901 , and 125 Baylis Road, Melville, New York, 11747, upon deposit of twenty-five dollars ($25. 00) for each set furnished. Deposits for Specifications will be refunded to bidders who return ..i Specifications within ten (10) days in good condition; other deposits will either be partially or not refunded if the Specifications have not been returned in good condition within thirty (30) days after bids have been opened. Each Proposal must be accompanied by a certified check or bid bond in the amount of five percent (5%) of the total bid, made payable to William R. Pell, III , Supervisor, Town of Southold, as set forth in the Information to Bidders. The Town reserves the right to reject any or all bids, to waive any informalities and to accept such alternate bid which, in the opinion of the Town Board, will be in the best interests of the Town. BY ORDER OF THE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK ', JUDITH T. TERRY, TOWN CLERK TOWN OF SOUTHOLD SOUTHOLD, NEW YORK 11971 DATED: SEPTEMBER 8, 1981 NB-1 HOLZMACHER, MCLENDON 6 MURRELL. P.C. 1 H2M CORP. WNNILTINO OWN"" AND INVIMMMQITAL ScIeNTIM INFORMATION FOR BIDDERS BIDS FOR PROJECT The Town of Southold will receive SEALED PROPOSALS for Furnishing and Delivering Binder, Top, and Shoulder Course Asphalt Concrete to New Suffolk Avenue, Town of Southold, County of Suffolk, New York. TIME AND PLACE OF BID Bids are to be submitted in opaque envelopes and will be received by the Town of Southold_at the Town Hall , Main Road, Southold, New York, not later than 10:00 A.M., Prevailing Time, Thursday, Sept. 24, 1981 , at which time and place they will be publicly opened and read aloud. Use of the mails shall. be at the Bidder 's own risk, and the Bidder shall be responsible for physical delivery of the Bid at the time and place set for opening of Bids. BID ENVELOPE All proposals and either the certified check or bid bond must be placed in a sealed envelope bearing the Bidder's firm name and address =-+w► marked, "Project No. SOHT 81-06-A Proposal for Furnishing and Delivering Binder, Top, and Shoulder Course Asphalt Concrete to New Suffolk Avenue, Town of Southold, County of Suffolk, New York" , but otherwise unmarked. If mailed, this envelopeshall be placed in another envelope addressed to Town . Clerk, Judith T. Terry, Town of Southold, Town Hall , Main Road, Southold, New York 11971. Use of the mails is at the Bidder' s risk. IB-1 d HOLZMACHEA. MCLENOON A MUAAELL. F.C. / H2M CORK CONr1K1INO Q#""A& ANO tNV"M#AEN/AL ICILWTI*19 INFORMATION FOR IITDDERS (CONT'D. ) SPECIFICATION DEPOSITS (a) Deposits for specifications will be completely refunded to Bidders who raturn same in good condition within ten (10) days after roceipt of bids. Bidders will receive one-half of the deposit amount tur spec£ications returned after ten (10) days and before thirty (30) days following the bid date. (b) Deposits for specifications will be completely refunded to non-bidders who return same in good condition within 48 hours of receipt of said specifications. Non-bidders will receive one--half the deposit amount for specifications returned in good condition within ten (10) days following the bid date. No deposit for specifica- tions will be refunded to non-bidders after ten (10) days following the bid date. ID-2 HOLZMACHER, McLENDON & MURRELL,RC.I H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENIMIS INFORMATION FOR BIDDERS (CONT'D. ) SPECIFICATIONS Complete sets of specifications for the inspection of prospective bidders will be found on file with the Town Clerk, Town of Southold, Town Hall, Main Road, Southold, New York, and at the office of Holz- macher, McLendon & Murrell, P.C. , Consulting Engineers, 209 West Main Street, Riverhead, New York, or 125 Baylis Road, Melville, New York. All contractors must leave their names, phone numbers and correct mailing addresses upon receipt of the specifications. VERBAL ANSWERS The Town, its agents, servants or employees, or the Engineer, will not be responsible in any manner for verbal answers to any in- quiries regarding the meaning of the contract specifications given prior to the awarding of the contract. EXAMINATION OF SITE Bidders must satisfy themselves by personal examination of the location of the proposed work and of the actual conditions and require- ments of the work, and shall not, at any time after the submission of a proposal, dispute or complain of such estimate or assert there was any misunderstanding in regard to the scope of the work. PROPOSAL ` The Form of Proposal contained herein shall be used in making out bids. Any proposal not in accordance with these instructions, or con- taining bids not asked for, may be rejected. w IB-3 MOLZMAMA. MaLENDON i MUAAtFLL. P.Q I 142M CORP. a souLfINO Or01MSM ANO LNVMONmanAL rGualM INFORMATION FOR BIDDERS (CONT l D. ) As the estimates of quantities of items stated in the proilosat are approximate only, bidders are required to subulit their 1)"OIIosal upon and in the following express conditions , which sl►all it I'll 1), and become a part of every proposal received . Each bidder shall fill out , in ink , in Doth words and fil;ures , in the spaces provided , his unit or lump sum hid . as the case May be , for each item in said Dorm of Proposal for 14104. 11 he is subw i,t t i nil a bid. No bid will be considered whichdoes not includebids for all itcn►s in _.____._ If the contract is not executed by the 'Town within forty- five (45) days lifter the receipt of hid~ , the obligation of the bidder under tills proposal may terminate at his option and he shall there- upon he entitled to a refund of his certified check or release cif his bid bond furnished by him as security with his proposal . •, p(�ON(! 1 nR CU RT I I' l'I It:CK I3acl► proposal from a contractor shall be accompanied by a bid bond or certified check on a solvent Dank of lite State Of New York , in the amount of five percent (St) of the total bid . Such check shall be made payable to William R. Pell III , Supervisor, Town of Southold, New York, and the amount thereof shall be the measure of liquidated damages which the Town will sustain by the failure, neglect or refusal of the bidder to execute anti deliver the contract , should the contract be awarded to him. The checks of all unsuccessful biddors will be returned upon the rojection of bids and the execution of the contract by the parties ; also, the check of the successful biddor will be returned upon the execution of the contract and rhe furnishing of the required bond. NAME OR BIDDER • l:ac:h bidder must state in his proposal , his full name :end busi- ness address , and the full nave of every person , firm or corporation interested in the same' and the address of every person or firm or president anti secretary of every corporation interested with liim. If IB-4 HMMO HV% WAINDON A MUjkKU. P.C. I H2M CORP. aoM�u�ttMtr o+ 9 A. AND tMVM"09WK 111CWHIM TNFORMATTON 1:011 HIDDEN (CONT'D. ) no other person be so interested , he must distinctly state that fact , also that his proposal is made without any c:o►►nection directly or in- directly with any other bidder for the work 1►.► 1•ticularly mentioned in his proposal ; that it is in all respects without fraud or cullu:. iun, and that no person acting for or employed by the Town is directly or indirectly interested therein, or in the supplies of work to which it relates, or in any portion of the prospective profits thereof. QUALIFICATIONS OF 11TDDFRS (l ) The Town reserves the right to waive any informalitics in, or reject any and all bids . The Town reserves the right to re- ject any and all bids which do not conform to the proposals , or upon Which the bidders do not comply with the requirements of the Town as to their qualifications . (2) All bidders must prove to the satisfaction of the Town that they are reputable, reliable and responsible, and that they pos- se►ss the necessary qualifications to successfully deliver the proposed equipment , and that they have performed and completed successfully siu►ilar work to an extent which, in the opinion of the Town , will qualify them by experience to perform the work which is proposed. (3) In determiningthe qualifications of .t bidder, the Town will consider his record in the performance of any contracts entered into by hits for the work contemplated or of • similar nature may make such investigation as it deems. necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the Town all such information and data for this purpose as the Town may request. (4) The Town shall be the sole judge of the gttulifications of the bidders and of the merits thereof and reserves the right to reject any bid if the record of the biJJo r in tits performance of contracts, payment of bills and tweeting of obligations to subcontractors , material - men or employees is not satisfactory to the Town , or if tite evidence submitted by or the investigation of such bidders fails to satisfy the Town that Ire is properly qualified to carry o►tt the obligations of the contract anti to complete the work contemplated therein. 'GUARANTEE BOND The successful bidder shall be req►tired to furnish at. the execu- tion of the contract an executed bond of a surety company authorized / IB-S HOLZMACHER. MdEN00N i MURK" F-C. / H2M CORP. oa+w►nrw oweMetua AND 900WO OdMOOTA► e►Go+r►M INFOIOIATION FOR BIDDER (CONT. I1) in the State of New York and ai►l►roveJ by the 'I""" to do business in to equal to one hundreJ percent ( 100" ) ul' the tot" ' f all awu„ut � the contract , guaranteeing; to the Town the I .1ithful perfurwance of the cuntract , and l►ayu►ent of all claims for inaterials , labul. .111.3 wages in connection therewith . SIGNATURE ()F CONTRAS The bidder to whom a contract may he awar,1��l shall att"'d at the office of the 'Town, with the sureties offered by him, within seven (7) days , SunJay excepted , after the date of notification by ►nail of . the acceptance of his proposal , antl there sign t Ise contract ill quadrupli - cate uadruplicate for the work 111,1 furnish apl►rove.l security for its prrforu►ance. In case of failure to do so, the bidder shall be runsidered as having abandoned the same, and tile Check accompanying his 1►1-011osal shall he: forfeited to the Town, or tl►e penalty of tite bid bond sl►all be invoked. C, N'TRACTOR'S INSIIRANCE The contractor shall not continence any work iintil he has obtained - and had approved by the 'Town. all of the insurance specified all" reauireJ in the contract . WAIVER OF IAIMIINITY Attention of the bidder is hereby directed to the reclui rements of the General Municipal Goneral Municipal 1.awlJreglareiingew York tt"IVulvill c►r►ofcular to Section 103-a o Immutti ty,,, as indicated on Page C-20 of the contract. RriSPONSIRILITY 1-nIZ BIDDER Attention is hereby particularly directed to the provisions of the contract whereby tl►e contractor will be resllunsible for any loss or damage that may happen to the material or any part tl►ereof during its delivery; and also whereby the contractor shall make good any defects or faults due to materials or workmanship within twelve ( 12) months after its delivery, .and acceptatice. l 11-6 HMZMACHER,WAJMDON i MURK" RC. I H2M CORD. coNw�nMo DMINUM AND C"vommMo+rµ 809"1" INFORMATION FOR BIDDERS (CONT'D. ) + on- In order to secure the performance of the covenant of tlier°od tractor, the 'Down shall retain the Guarantee Dond during the period trone (1) year from the date of the Engineer ' s final certificate- of isfactin Work is required tobe completed accorddncetwithet:l�at5pccifioat�°n5t,e Engineer and in :jubstantial hereunto annexed. TOWN op SOUTHOLD SUFFOLK COUNTY, NEW YORK w i IB-7 State of New York Bureau of Public Work Department of Labor A State Office Building Campus r. Albany, N.Y. 12240 j. CONTRACT REQUIREMENTS Each public work contract to which the State,a public benefit corporation,a municipal corporation or a commission is a party and which may involve the employment of laborers,workmen or mechanics,shall comply with the requirements of Article 8 of the New York State Labor Law: 1. 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 the contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week except in the extraordinary emergencies set forth in the Labor Law or where a dispensation is granted by the Industrial Commissioner. (See Section 220.2) 2. Each laborer, workman or mechanic employed by the contractor or subcontractor shall be paid not less than the prevailing rate of wages at the time the work is performed,and shall be paid or provided not less than the prevailing supplements at the time the work is performed, as determined by the fiscal officer. If the prevailing rate of wages or the prevailing supplements change after the prevailing rate schedule is issued,each workman,laborer or mechanic shall be paid or provided not less than the new rates. (See Section 220.3) 3. The contractor and every subcontractor shall post in a prominent and accessible place at the work site a statement of the current wage rates and supplements specified by the contract for the various classes of mechanics,workmen or laborers. (See Section 220.3-a) 4. Apprentices must be registered,individually,under a bona fide program registered with the New York State Department of Labor. The allowable ratio of apprentices to journeymen in any craft classifica- tion shall not be greater than the ratio permitted to the contractor as to his work force on any job under the registered program. Any employee who is not registered as above, shall be paid the pre- vailing wage rate for the classification of work he actually performed. The contractor or subcontrac- tor will be required to furnish written evidence of the registration of his program and apprentices as well as of the appropriate ratios and wage rates for the area of construction, prior to using any apprentices on the contract work. (See Section 220.3-e) S. (a) No contractor, subcontractor, nor any person acting on his behalf,shall by reason of race,creed, color, sex or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates.(See Section 220-e (a) ) (b) No contractor, subcontractor, nor any person acting on his behalf shall,in any manner,discrimi- nate against or intimidate any employee on account of race,creed,color,sex or national origin. (See Section 220-e (b) ) NOTE: The Human Rights Law also prohibits discrimination in employment because of age,disability or marital status. (c) There may be deducted from the amount payable to the contractor under the contract a penalty of five dollars for each calendar day during which such person was discriminated against or intim- idated in violation of the provisions of the contract. (See Section 220-e(c) ) (d) The contract may be cancelled or terminated by the State or municipality,and all moneys due or to become due thereunder may be forfeited, for a second or any subsequent violation of the terms or condition of the anti-discrimination sections of the contract. (See Section 220-e (d) ) (e) These provisions shall be limited to'operations performed within the State of New York. (See Section 220-e(e) ) PW-3(5.80) IB-8 STATE OF NEN YORK DEPARTMENT OF LABOR BURCAU OF PUDLIC WORK STATE OFFICE BUILDING CAMPUS ALBANY, N. V. 12240 Schedule Typo-FIVY / HWY 33 Date 07/08/81 Refer to: PREVAILING RATE CASE NO. T/O Southold PRC 8102904 NAS/SUF 01 to: William H. Spitz, Engineer Location and Type of Project Holzmacher, McLendon a Murrell Install asphalt concrete 125 Baylis Road pavement-SORT 81-06, New Melville, NY Suffolk Ave, T/O Southold 11747 Mattituck, NY Suffolk Co. In response to your request, enclosed are schedules of the prevailing hourly wage rates and the prevailing hourly supplements for the above project, together with copies of the Notice of Contract Let (PW-16) for your use. The schedules must be annexed to and form a part of the specifications for this project when it is advertised for bids. These schedules have been prepared and forwarded in accordance with Section 220 of the Labor Law. which provides that it shall be the duty of the fiscal officer to ascertain and determine the schedules of supplements to be provided and wages to be paid to workers, laborers and mechanics employed on public work projects, and to file such schedules with the department having jurisdiction. These wage rates and supplemental benefits are subject to change, and you will be periodically notified of such changes. The wage rates and supplemental benefits to be paid and provided must be those prevailing at the time the work is being performed. Supplemental Benefits Legend used in the "other supplements" column of the Prevailing Rate Schedule: A. Health 8 Welfare ( includes hospital C. Supp. Unemployment Benefits I. Annuity Fund surgical or medical insurance or D. Scholarship Fund J. Benefit Fund benefits, life insurance or death E. Paid Holidays K. Security Savings benefits, accidental death or dis- F. Education Fund memberment Insurance). G. Vacation L. Holiday Pay B. Pension H. Apprentice Training M. Other Very truly yours, • Nicholas Valentine, Jr. DIRECTOR • WHEN ANY PROJECT IS COMPLETED OR CANCELLED, NOTIFY THE NEAREST DISTRICT OFFICE OF THE BUREAU OF PUBLIC WORK. (see addresses below) State Office Bldg. Campus, A I bang N. Y. 12240 65 Court St— Buffalo N. Y. 14202 155 Main Street West, Rochester N. V. 14614 - 44 Hawley St. , Bi nghamton N. V. 13901 175 Fulton Ave— Hempstead N. Y. 11550 333 East Washington St— Syracuse N. V. 13202 207 Genesee St. . Utica N. Y. 13501 30 Glenn St. Whi to Plai ns N. Y. 10603 PW-200 (6-79) IB-9 PREVAILING RATE SCHEDULE C-tate of New York Case Number Bureau of Department of Labor Public Work 8102704 NASSAU AND SUFFOLK COUNTIES Prev SUPPLEMENTAL BENEFIT PAYMENTS al I i ng OCCUPATIONS wage health basic and pen- suppl . other supplements hourly welfare sion unemp. rate CA) (B) (C) (D) through (M) COKL DRILLER Core Uro l ler 10. 605 1. 00 74 G-. 19 Helper 9. 24S 1. 00 . 74 G- 19 ELFCTR:ICIAN L-"lectrician 15. 10 7%+. 35 5 1/2'L . 25 GBL- 8 1/2'/•, H-5/8'/., I-9'/., J-3'/. Appr. 1st term 6. 04 7/+. 35 5 1/2/ . 2S G&L- 8 1/2'/., H-S/8'/•, I-9%, J-3% IRONWORKER Ironworker-Structural 12. 95 1. 116 2. 30 Appr. 1st term 7. 28 1. 116 2. 30 Reinforcing-(Lather) 13. 54 1. 325 . 985 D-. 02, G-. 75, H-. 01, I-1. 10 Appr. 1st Term 3. 85 1. 32S . 985 D-. 02, H-. 01 Ironworker-Ornamental 12. 62 1. 21 1. 55 G-1. 00, H-. 10, I-2. 00 -Chaff n Li nk 12. 62 1. 21 1. 55 G-1. 00, H-. 10, I-2. 00 Fence "Appr. lit term 7. S7 1. 21 1. SS G-1. 00, tl-. 10, I-2. 00 MASON far 1 ck I oyer 12. 49 1. 33 1. 93 H-. 03, I-2. 05 Appr. 1st term 6. 25 1. 33 1. 93 H-. 03, I-. 50 PAI N-f EI? Hui rater-Brush 10. 92 1. 0't 1. 04 G-. J3, I-. 71 Scaffold/Spray 13. 26 1. 26 1. 26 G,-. 11-05, I-. 71 Appr. 1st term 6. 55 . 62 . 62 G- 20, 1- 25 Nassau Co. (N of L. I. E. to Pt. Wash BI vd. , S. of Sunrise Hwy. E. to Long Beach Rd. ) ------------------------ ------ Pai nter-Brush 10. 82 1. 29 2. 30 G-. 70, H-. OS Appr. 1st term S. 41 1. 29 1. 15 G-. 35, H-. 05 Scaffold/;pray 12. 37 1. 29 2. 30 G-. 70, H-. O5 Nassau Co. Remainder of County ------------------------------ Painter-.Steel 14. 28 1. 86 2. 00 H-. 07 Power Tool , Spray 15. 28 1. 99 2. 1'1- H-. 08 Sandblaster( steel ) 15. 28 1. 99 2. 14 H-. 08 " Appr. 1st term 7. 00 . 91 . 98 H-. 035 Nassau Co. -Entire County ------------------------------ Pal n-ter Brush 12. 39 3. 22 1. 00 G-. 50, 1-1-. 21 S•tee 1 /Br i dye 15. 30 3. 22 1. 00 G-. 50, H-. 21 Spray 13. 88 3. 22 1. 00 G-. SO,H-. 21 Appr. 1st term 6. 42 1. 97 1. 00 G- 25. 1-1- 21 Suffolk Co. PLUMPER Plumber 13. 65 1. 00 2. 05 G-1. 30, 1-1- 37, 1- 57 Appr. 1st term 5. 46 . 60 1. 31 G- 70, 1-1- 24, I- 29 Suffolk Co. ------------------------------ Plumber ----------------------------- PIumber 12. 75 1. 10 1. 54 G-1. 10, H-. 25 Appr. 1st term 5. 10 . 44 . 616 G-. 44, H-. 10 Nassau Co. TEAMFUTER Truck Driver Excavation 10. 125 1. 6125 2. 8525 1- 40 Euclid 10. 52S 1. 6125 2. 8525 1-. 40 " Other 9. 325 1. 6125 2. 50 WELDER Welder To be paid the rate of the mechanic performing the work OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY and BUILDING SCHEDULES Pr nt 33 IB-10 PREVAILING RATE SCHEDULE State of New York Case Number Bureau of Department of Labor Public W 8102904 ork NASSAU AND SUFFOLK COUNTIES Prev- SUPPLEMENTAL BENEFIT PAYMENTS ai 1 i ng OCCUPATIONS wage health basic and pen- suppl . other supplements hourly we(A) BB) (C) re Sion rate (0) through (M) CARPENTER Carpenter (H/H) 13. 35 1. 85 1. 03 G-. 9S, H-. OS, I-. 7S Helper 11. 15 1. 85 1. 03 G-. 95, H-. 05, I-. 7S '• Appr. 1st term 7. 34 1. 85 1. 03 Nassau Co. (South of So. State Pkwy. & West of Seaford Creek) ------------------------------ Carpenter CH/H) 13. 40 1. 50 1. 49 G-. 9S, H-. 06 Appr. 1st term 6. 70 1. 50 1. 49 G-. 95, H-. 06 Nassau Co. Remainder of County ------------------------------ Carpenter(H/H) 13. 45 1. 33 1. 71 G-. 90, H-. 06 '• Appr. 1st term 6. 70 1. 33 1. 71 G- 90. 1,1- 06 Suffolk Co. ------------------------------ Pliedriver/Dockbui (der 13. 25 1. 85 1. 03 G-1. 01, H-. 05, I-. 75 •' Appr. 1st term 7. 34 1. 85 1. 03 G-1. O1, H-. 05, I-. 75 ------------------------- Ti mberman 12. 31 1. a5 1. 03 G-. 95, H-. O5, I-. 75 Helper 10. 80 1. 85 1. 03 G-. 95, H-. 0S, I-. 7S ELECT ICIAN-HIGHWAY MAINTENANCE Applicable an traffic signals and street lighting only. Mai nt. Electri ci an 12. 30 a% 4 1/2% G & *L-6 1/2%, I-7'/. H-5/8%, J-3% •• Appr. 1st term 4. 57 8% 4 1/2% G & L-6 1/2%, 1-7% H-5/8%, J-3% LABORER(HVV/HWV) Laborer CH/HH) Basic. Concrete, Jackhammer a. 90 10 % 13 V. G- 75 Pipelayer, Land- ` Scape, Trackman 8. 90 10 '/. 13 % G- 75 Power Tool 8. 90 10 '/• 13 V. G-. 75 Asphalt Raker, Form Setter 9. 50 10 % 13 % G-. 75 •' Asphalt Shoveler and Tamper 9. 30 10 Y. 13 V. G-. 75 MASON Cement Finisher 12. 60 2. 19 2. 02 H-. 01 I. Appr. 1st term 6. 30 2. 19 2. 02 H- 01 SIGN ERECTOR 5i gn Erector 11. 70 . 82 1. 11 H-. 02, 1- 43 M-Emp S. S. STRIPER Stri pi ng Mach. Oper 9. 90 59 70 G-7% Li nerman 10. 40 . 62 . 72 G-7'/. TREE TRIMMING Tree Trimmer 8. 43 . 34 . 25 1st 6mo S. 51 . 34 . 2S Groundman, Driver 1st 6mo 6. 07 . 34 . 25 Driver 2nd 6mo S. 36 . 34 . 25 Driver after 1 yr. G. 98 . 34 . 2S TREE REMOVAL a LANDSCAPING Landscape Laborer 8. 90 10% 13% G-. 75 Mulching Machine Oper. 11. 995 9'/. of 2. 2S G-1. 00, H-. 15, M-. 10 rate+vac. Stump Chipper Mach. 10. 97 9% of 2. 25 rate+vac. Truck Driver 9. 32S 1. 6125 2, S0 WELL DRILLER We I I Dri 1 1 er 10. 55 a% 2. 2S G- 40 He"Iper 8. 55 aV.. 2. 25 G-. 40 OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY SCHEDULES Print 33 IB-11 PREVAILING RATE SCHEDULE State of New York Case Number Bureau of Department of Labor 8102904 Public Work NASSAU AND SUFFOLK COUNTIES Prev- SUPPLEMENTAL BENEFIT PAYMENTS ai 1 i ng OCCUPATIONS wage health basic And pen- suppl . other supplements hourly welfare Sion unemp. •. rate (A) (B) (C) (D) through (M) SURVEY CREW (HIGHWAY & HEAVY) f Party Chief 12. 16 . 90 . 70 Instrument Man 10. 21 . 90 . 70 F-. 0S, G-. 70, I-l. 50 Rodman/Chat "man a. 91 . 90 . 70 F-. 05, G-. 70, I-l. 50 Survey Rates apply to those workmen employed on HIGHWAY and HEAVY contracts let on or after July 2, 1979 POWER EQUIPMENT OPERATOR (H/H) Asphalt Spreader 13. 1A 9% of 2. 25 20 N-. 15. G-1. 00. M-. 10 Backhoe 13. 55 hourly Boring Machine 13. 12 rate i Bulldozer 12. 37 vac. Compressor-Single 11. 99S Compressor-2 or more in battery 12. 60 Concrete Pump 12. 64 Concrete Spreader 13. 18 Concrete Breaker 11. 28 Conveyor 12. 37 Crane 13. 18 Location, Effective Date and Dragline 13. 55 Supplemental Benefit Payments Finishing Machine 12. 37 are the same for all Powgr Equipment Fireman 12. 37 Operators. Generator 12. 29 Grade-All Oper. 13. 55 Grader 12. SSS Front End Loader 12. 905 Mai nt. Eng. 12. 37 Mulching Machine 11. 99S Oiler 10. 97 ~ Piledriver 13. 55 Post Driver (Guard Rail ) 13. 12 Power Broom 11. 425 Pump (Under 4") 11. 995 Pump (Over 4") 12. 38 Ridge Cutter 11. 28 Roller - ST & Under 12. 37 Roller - Over 5 Ton 12. 72 Scraper 12. 37 Shovel 13. 55 Stump Chipper 10. 97 Tractor-Caterpiller or Wheal 10. 755 Track Tamper 10. 97 Trenchi ng Machi ne 13. 39S OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY SCHEDULES M Print 33 IB-12 H"AN H M MdDMM R"F.C. I N2M CORE. CDMK"tn 0010M WANTS" PROPOSAL BIDDER'S DECLARATION TO THE TOWN BOARD of the TOWN OF SOUTHOLD, SUFFOLK COUNTY, STATE OF NEW YORK BIDDER'S DECLARATION: The undersigned, as Bidder, declares that the only person or persons interested in this Bid or Propueal' as principal or principals is or are named herein and that no other person than herein named has any interest in this Proposal or in the Contract proposed to be taken; that this Did or Proposal is made without any connection with any other person or persons making a Bid or Proposal for the same purpose; the Did or Proposal is in all respects without fraud or collusion, that he has examined the site of the work, the Form of Contract and Specifications and has read the Notice to Bidders, Information for Bidders and. General Conditions hereto attached and fully understands all the same; that he proposes and agrees, if this Proposal is accepted, that he will contract with the TOWN BOARD of the TOWN OF SOUTHOLD, in the Form of Contract accompanying this Bid, to perform all the work required in accordance with and as mentioned in said Form of Contract , Specifications, Notice to Bidders, Information for Bidders and General Conditions, and he will accept in full payment , therefore, the following sums to wit: P-A HOIZMACHEIL MCLENDON E MURRELL,P.C.t H2M CORP. CONSULT"INGWERS'AND ENWRIONMRNTA4 SCIENTISTS PROPOSAL (CONT'D. ) FURNISHING AND DELIVERING NEW SUFFOLK AVENUE BINDER, TOP, AND SHOULDER COURSE TOWN OF SOUTHOLD .ASPHALT CONCRETE SUFFOLK COUN'T'Y, NEW YORK ' SOHT 81-06-A BID DATE: SEPT. 24, 1981 x0:00 A.M. ITEM 51-F, lA TOP Furnish and Deliver Type 1A Top Course Asphalt Concrete Approximately 325 Tons Price per Ton. , MT :e4 � uk°r� . (s ol.l--a-rj�s, TOTAL. .1 wsw� ` owLsw� .ict;\w 4 �®► �`� ."":'ov S , , f$ 1 u 3�t7,�• ) Dhllars ITEM .51F, BINDER Furnish and Deliver Binder Course Asphalt Concrete Approximately 475 Tons Price per Ton. �".%r�. .eA� CLtc ',� • ($ JI S. ) Dollars TOTAL. lyter4, , t 1 t �►��atS . . ("It 0SO. ) Dollars ' ITEM 51Y, Furnish and Deliver Shoulder Course Asphalt Concrete Approximately 500 Tons 1 Price per Ton. .T�+, :!►�,�hkt1ws , . ($ 3 ,The Dollars TOTAL. �► � 11;.o5 . . ($ Dollars PB-1 HOLZMACHER,MCLENDON E MURRELL,P.C.I H2M CORP. CONSULTWO ENt# URS AND ENVIRONMENTAL SCIENTISTS 'D. FURNISHING AND DELIVERING NEW SUFFOLK AVENUE BINDER, TOP, AND SHOULDER COURSE TOWN OF SOUTHOLD ASPHALT CONCRETE SUFFOLK COUNTY, NEW YORK SOHT 81—.06-A BID DATE: REPT. 24, 1981 10:00 A.M. TOTAL. BID (SUM OF "! C� ALL IOTEM�-'S) hh 7 ►�9"r S . (� 49 TOTAL, ' Dollars DELIVERY SHALL BE MADE ON WEEK DAYS (MONDAY THRU FRIDAY) BETWEEN THE HOURS OF 7:00 AM AND 5:00 PM PREVAILING TINE. NO LESS THAN 48 HOURS PRIOR NOTICE SHALL BE GIVEN TO THE CONTRACTOR FOR DELIVERY. DELIVERY SHALL BE CONTINUOUS THROUGHOUT THE DAILY PAVING OPERATION AT THE PROJECT SITE. NOTE: PRICES STATED ABOVE SHALL BE IN EFFECT FOR A PERIOD OF 60 DAYS FROM THE DATE ON WHICH THE CONTRACT IS SIGNED. FIRM NAKE: " +h FIRM ADDRESS: 1©0 Y SIGNED BY: TITLE: V�c�a. QicS►Q�s+� DATE: 1�1�lISA_ PB-2 MOLiM1ACMER.MCUMM i MLgtKL1.1.C. 1 MBA am^ opNNll?!No 'ANO tgYf�ONMMNK PROPOSAL - (CONT'D.) Enclose certified check or bid bond for five percent (5x) of the total bid, as stipulated in the foregoing Information for Bidders. The Bidder hereby agrees to enter into a contract within seven (7) days after due notice from the Town of Southold that the contract has been awarded to him and is ready for signature, such notice to be given in writing within forty-Five (45) days of the date of Opening of the bids, and on the signing of such contract by him to furnish the indemnifying bonds as provided in the Contract. And, the Bidder hereby further agrees that in the event of his failure or refusal to enter into a contract in accordance with this bid .w thin seven (7) days atter due notice from the said Tern Board as given in accordance with the Information the Biddefull rs, aitd/ mhos failure to execute and deliver the bond contract price as provided in said Information for hiddets, that the biddor's Check which is herewith deposited with the Town shall, at the option of said Town, . become due and payable as ascertained and liquidated damages for such default, otherwise the said 'check shall be returned to the undersigned. The full name and residences of all persons and parties interested w in the foregoing bid as principals are as follows: NAME ADDRESS lT�/oK oS� �t �(tn�.c,�1M. '� Ste.►>R.. 2 NAME OF BIDDER:_-- CS BUSINESS ADDRESS OF BIDDER:-- C ,O b THE�_DAY OF DATED AT: P-C MOMACNEA,MdtL% M i MM ELI.P.C. / MZM OW. C MIULM O DOOM"" MIO W-W AMMuff"" 800HIM PROPOSAL - (CONT'D. ) NOW-C I VE BIDDING CERTIFICATE By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each .party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: 1. The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; and 2. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to.opening, directly or indirectly, to any other bidder or to any competitors and 3. No attempt has been made or will be made by the bidder to induce any, other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition. Dated: By: This bidder cannot make the foregoing certification and a statement signed by the bidder is attached setting forth in detail the reasons therefor: P-D, HOLZ MACHER, MCLENOON 8 MURRELL, P.C. / HZM CORP. cok"TIM Va"NE M AND TJmn"Mumu sGtNT m INDEMNITY, LIMITATION OF LIABILITY 1. INDEMNITY The Contractor and all sub-contractors performing work in connection with this contract shall HOLD - HARMLESS, INDEMNIFY and defend the OWNER and ENGINEER, their consultants, and each of their officers, agents and employees from any liability, claims, losses or damage including reason- able costs of defense arising out of or alleged to arise from the Con- tractor's or sub-contractor's negligence in the performance of the work described in the Contract documents, but not including liability that may be due to the sole negligence of the OWNER, ENGINEER or their officers, agents and employees. 2. LIMITATION OF LIABILITY • The Contractor and all sub-contractors agree to limit the liability of the OWNER and ENGINEER due to the Engineer's professional negligent errors or omissions such that the total aggregate liability of the engineer to those named shall not exceed fifty thousand ($50,000. ) dollars, or 5% of the contract award amount, whichever is greater. r 10/80 ILL 1 of 1 HOtZMACHER. McIFNDON i MURREI.L. P.C. I 142M CORP. CON'UL"NO MOM" AND ENVIMMMan" SCICNTIS" CONTRACT CONTRACT IN QUADRUPLICATE FOR FURNISHING AND DELIVERING. RTNIJFR, " TOP, AND SHOULDER COURSE ASPHALT CONCRETF, TO NEW SUFFOLK AVFNITF-, AT TOWN OF SOUTIiOLD, SUFFOLK COUNTY , NEW YORK , eluted , 19 , BY AND BETWENN THE TOWN BOARD OF THE TOWN OF SOUTHOLD . SUFFOLK COUNTY, NEW YORK , (herein called the "Town , " and (herein called the "Contractor" ) . WITNESSETH, that the Town and the Contractor, in consideration of the premises and of the: mutual covenants, considerations and agreements herein contained , agree as follows: Tills Contract Is hereby awarded to tl►e Contractor for ti►e work and material called for under his bid in the Proposal section of the Contract and designated as Items: and if required by the Consulting Engineer, Items: for the sum of: Dollars for the unit and/or lump-sum price(s) as listed in the Proposal herein. C-1 Y—f�7UC�UC�� �l BID BOND Approved by The American Institute of Architects, A.I.A. Document No. A-310 (Feb. 1970 Edition) yen w%i.. KNOW ALL MEN BY THESE PRESENTS, _Central Sufolk Pavy�� Tn� , i 12p��rS Ayt�nt _ That we__Cenf as Principal, hereinafter calleJ the Principal, ar.d_. F of New Jersey , as Surety, hereinafter called the Surety, are held a corporation duly organized under the laws of the State of and firmly bound unto.—Town of S u rk as Obligee, hereinafter called the Obligee, Dollars in the sum of R ,e ple ($ ----------- J, for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind our firmly by these presents. selves, our heirs, executors, administrators, successors and assigns, jointly and severally, WHEREAS, the Principal has submitted a bid for F NOW, THEREFORE, if the Obligee shall accept the bid of the bondsa Principal and the he specified shall enter into g a contract documents the entObligee with in accordance with the terms of such bid, and give such bond or Y good and sufficient surety for the ofutheefailurenof thesPrincipal ract and to nterfor suchepromt payment of labor conl acct and give such bonddortbtonds, furnished prosecution thereof, or in the eventnt the Principal not to exceed the penalty hereof between the amount specified in said bid and such larger amount shall pay to the Obligee the difference for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 241-h day of _--(Seal) f-folk- -P rincipal) (Title) —_..--- - (Witness) First n' s Iu ce Co an o Newark, NJ —(Seal) (Surety) n � R) L (Title)neRobert A. Bauer Attorney c 4 PRINTED IN U.5 40 4392C NOTARIAL ACKNOWLEDGMENT ) INDIVIDUAL ACKNOWLEDGMENT State of_--- —- __---- ss.. County of -- -- On this-_.__- -.---- ------`- day of - -- in the year 19 before me personally camp --- _-_--------- -------- -•--"to me known and known to me to be the person described in and who executed the foregoing instrument, and acknowledged to me that he executed the same. PARTNERSHIP ACKNOWLEDGMENT State of--_-• - ss.: County of day of _- in the year 19 - On this`-- amember of the before me personally came to me known and known to me copartnership of— --- '---" -- to be the person described in and who executed the foregoing instrument, and acknowledged to me that he ex- rcuted the some as and for the act and deed of the said copartnership. CORPORATE ACKNOWLEDGMENT titate a(- RK-- -----_ ss. (:aunty (ifthe year 19-51— (10 this -�yL---- ------- - —day of----- P ----------- - - in . before me personally came to me known, who, being by me duly sworn, did depose and say that he resides in-E- -S 1) that he is the '41k' tpENT of tht• -�.`�I�RA t_ SuPFOLK Hv j ry C.• the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of the .grid corporation; that the seal affixed to the said instrument is such corporate ;cal; and that it was so affil-I h% oraler of the Board of Directors of the said corporation, and that he signed his name thereto by like order. t: JvO1TM �•�U�trut:, nloTrlRrPoeuc, Ljom of NeOYORKpAnue tu.s.w. Pond 1143A No, 17yaljq ' SuFFo'K GouaZ Y 'T£RM F.XPIP Ec$ nNANCINL STATEMENT Firemen's�Insurance.COMPany Of Newark New Jersey AS OF DFCFME3ER 31, 1979 ASSETS LIABILITIES CAPITAL& SURPLUS - $ 2.,373,473 Reserve for Unearned Premiums . . . .. . $ 222,430,616 CashReserve for Losses. ...... . . . Bunds;it id Stocks. .. . ... . . . . . . .. .. .. 1,013.386,467 460,821,111 60,185,57? Reserve for Loss Expenses..... . . . . .. Interust, Dividends& Reserve for Taxes&Expenses... . .... 20,575,509 Rents Accrued... . . . .. . . . . . .. . . . .. 11,836,521 Agents Balances Receivable.. . .. . .... 59,060,759 Reserve for Other Liabilities. . ... .. . .. . 26,9t34,54$ 25,114,000 Total Liabilities.. . ... . ... .. . .... . . .. $ 790,997,356 Real Estate. . .. .... . . ... ...... ... .. . Capital. . . .. 15,000,000 Other Assets . . .. .. .. . . . .... . .. . ... . 9,898,162 315,672,026 Policjrholders`Surplus.. .. 330,672,026 Total Admitted Assets.... . ........... s 1,12.1,669.382_ Total Liabilities, Capital&Surplus... . .. $ 1,121,669,382 STATE OF NEW YORK COUNTY OF NEW YORK SS: CITY OF NEW YORK F.M. Colalucci, being duly swom says: That he resides in Glen Head, Novi York and that he is Secretary Of FIREMEN'S INSURANCE COMPANY OF NEWARK. NEW JERSEY, that said Company is a Corporation duly organized.existing,and engaged in business as a Surety by virtue of the Laws of the State of New Jersey and has duly complied with all the requirements of the laws of said State and the Laws of the Stato of New York applicable to said Company, and is duly qualified to act as Surety under such laws;that said Company has also complied with and is duly qualified to act as Surety under the Act of Congress approved July 30, 1947, 6 u.S.C. secs. 6-13 to qualify as sole surety on recognizances, stipulations, fords and undertakings permitted or required by the laws of the United States, to be given with one or more sureties;and that the foregoing is a full,true and correct statement of the financial condition of said Company on the 31st day of December 1979 to the best of his knowledge and belief. Swom to before me this 3rd day March 1980 74...... '' CERTIFICATE ETHEL TARA14TO Secretary NOTARY PUBLIC.Stale of New York No 24-46631 N Oual.in Kings County Comm;ssron Expires March 30.1992 SURETY ACKNOWLEDGMENT Stale of -__ New Yn-e __.-.- ---- County of _New York ss.: City of _ New York On this 24th day of S eptembe r , in the year 19 8 before me personalty me Robert A Bauer . came to me known,who, being by me duly sworn. did depose arid say that lie resides in Flusl>ti�g NY that he is the Attorney of Firemen's Insurance Company of Newark, New Jersey, the oorporation described in and which executed the attached instrument;that he knows the corporate seal of the said corporation;that the seal affixed to the said instrument is such corporate seal;and that it vris so affixed by order of the'Board of Directors of the said corporation, and that he signed his name thereto by like order. flwwud�w Notary Public, S late of New York Notary Public Qualified in Queens County Commission Expires March 30, 1943 Stact n U.&A, rscr.n n,;F i TI1C " uJr�1 J�i,�_J O� lyC;Vv'tit!t, 1dt'W )E.'r:;:'�/ i i <=ri1�I.l la C ray , L 8o (`�.�Liidet-1 l_-itit"r Ne�Ti York, Ne��/ Yo r!% 1U0__i3 G�,�F4;A1� P(J�VER U� ATTORNEY r,a.^. C-itnstUutr,.;f al,;ct ap ' NEWARK. NEV Kno\viall mon byWIC Zind appoint tct +! ,y tttes� p( ` ScUosea, Vo!n Steph.,:'t F. T4unc' ter. Ftuix!it A. 3'.auer, tx,tl: o* New Yor1:, P7ew York , :1;1 a'..ful attorney for•It and in its n3rn•`. ;,i•�, , .,:nd Strad t..t execute) on behalf of the said Company, as surely,bonds. :,n(lt :lr!1•• :t'; a+lr; ennlrRCtS of suretyship to b(` ., all ohlicaes ted under this authority shaft exceed in amount the pruvi 1c:; t!lat no band or undertaking or contract of :,,urelysh+r) execu ;.l1IIl ',rf One t•!illioh ($1,000,000. ) Lollar:>• i i : I cr:vi!r of Attorney is granted and , sidi,iand s(:a!(!:! by fcCSimll;. urxier and by the Itisauthority of the totlowi:l0 Reso- r-I-t r. 1�,;;t.lr;ANCE Co ,'A 'ANY OF NEWARK. NEW JERSEY at a ineet- lutiCrii t,y 11Ti'Board of Direc:t0lS of 111e i r,t_h+1CiJ 111y ul;t•y ; 11ed ;int! h^Id on the 20th (lily of Februaf y, 1915. O:.\;:(1, th rl th0 chairman Of IhC e0a^� In-,V,,*U or any olutht'm!:!'r rl y�r at�thvJ cd tOD execute cciue r'e tive 'C s oce f f!attorney Oua1L'rfyiinr vlhe allot- ider+: or':: f'rc:nl.?at of the Conr,any. bc. a nc•y n.tr. ,,..• .n the grvnn Pi.:vC•r of Attanufy 10 C%(.-Cute ut L•alr;�a of FIRE-f. !fJ=iUt1ANC.r_ Cc%f/r`Ar.tY Ut' I•aEy/AIlK,NcW Jr:R:'EY,bond:.under- IJMi�t, n+•M cOn tra"+::OI out r %ohip•and Ih:tl On d+s si sta:H Vitt:F`residr:nL:,iCcretary 4r Bn P.,:slant S^_crotary bC,and that Bach or any o IItOT Cre- t)Y' ''n:r•: :o at!! IhC C�CCutwn trt any uGh 1'O+ver(,I l,Iturrivy,an•1 to a+:aeh thurrr!u tY,tr seal of the Company. �C)l.V(_iJ.Thal t!,d��"ln llur C'o Of!:vr.l,i,f trr:Crs end th(r S:•�,i t,!:h;:Cgmlr. m:y be alftr(!.�10 any sUCtt PO'•v Ct OI AI:Ofn Cy Or IO any a::d any st,r.h i'• ..:•' ul Altorn.ry M t.Crhhca+C L.2.v,nry uch ta^."tndo oittjna!ufCs OI LlCsir:ul0 seal Shall be all Ceti"".����rG!.,In:J U:Cr C:V by facs,n). t. t Tt/ and r. t.,+� !r:!urr: v,ith fes;vcC: to any b,,nd,and CIIA,ny Or con:'-'Cl Of SurQtyship to which it is allach. -1d 'n.,.. . 1 a;;nn the Cetnpany tvhtn -J a! cd r �.!rF COMPANY OF NE��JAftt:, NEti"!JERSEY has caused its official seal !II 41:1!ress V111creof, the FllicfViEl�lS IN�'t•i•;'���'-' - one of its Aslslint Vice to t}� it(:i e:lnto affixed and these pretsents to I)e signed by Onrr C! its Vice r rosI&MIS and atleSlod by f'resicl'':t::> this 3rtf day of January. 1979 r'll;E=f,tr-PJ :; INSURAPJCF CO1`: rA JY OF NEVVARK. NEW JERSEY bt L fort. Vr:u•f•resNent / T H Stephens.As:ost.inl Vice Pres r!cnt Ot: tqE%,%/ YORK. YORK. i .. sworn. 3rd clay of Jari LKIM 1`j%9c bofora w-,, 1)`CountySO 1 1' �o`•I n�cFx1 State rote Neeto m Jemey,aty7613 Springs eld Avenue. that ciid cleft, .; tinct sa" trtat he r.:sidC!s in ,urnrnit, in t tr! Of Se President of the FIREmIGN's ItdS'.Ji��tf+.0 COF/PAiJ r• OF NEV!l,RK, NEW,JERSEY, the corporatioto Ithe n described in ,r, ; •.•.;„ h P0r3t10 that the sea t2xr,c,r!a,! the abo'c'I' that it l\�r,t`'`, i!ttii ac Uby cr(!er sof other Eioard oofrDirectors of said corpoaetion and that he ccrpurate jr:. mime !ht:reto by like order. /t OHEI TARANIO r:OfAii'r P011C Staft Of t:Cw 7ofn •"' (lo ?4.a;5Jt 11 Ot:al in r rps Couril CFRT1rIGATE Csnns,t:.^.crC'resU:+ea�� 131 u:+cfr>r;iqn(:d, an Asc:l,tt!nt Sncrc l lr, of Ific (lFrEt/ INSUIJANCE COMPANY Or NES^1i1R1<, NEW JERSEY, corporation. DO f iCRFRY CCI TI'r1' m t, Iht) (or,�c(If'g `End"tf(t1tUI ),rerower of ctor,. .et fortthrtinythe saidsPowerfull of Ate- ;Incl ! + • 1,j! ht!l.'n IC'Vo%ed, ant: fUrtllCrinurr', t lnt f{l. UIUtIUrI U ! 1101AI 111 }arca' ;Inti �c:+ rteed the City (',f New York Baled IIIc 24th day of September 1981.y. ,Lnu.•a 11 Kr.,np AV.rst.+'+1 Sr•f!Clary HOLZMACHER, MCLENDON&MURRELI. P.C. / H2M CORP. CONTRACT - CONT'D. 1 . CONTRACT DOCIIME;NTS AND DEFINITIONS The Notice to Bidders, Information for Bidders, Proposal , ~ General Conditions, Contract, Specifications and Plans, together with any Addenda , shall form part of this Cont.-act , and the pro- visions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. The titles , headings, head- lines and marginal notes contained herein are solely to facilitate reference to various provisions of the Contract I)ocuments and, in no way affect , limit or cast light upon the interpretation of the provisions to which they refer. Whenever the term "Contract DocLl- ments" is used, it shall mean and include this Contract , the Plans, specifications, any Addenda, and the Notice to Bidders, Information for Bidders, General Conditions and Proposal . In case of any con- flict or inconsistency between the provisions of the Contract and those of the Specificationst the provisions of the Contract shall govern. WORK: The ' term "Work" , as used herein , refers to all of the work proposed to be accomplished at the site of the project and all such other work as is in any manner required to accomplish the completed project , and includes all plant , labor, materials, supplies, equipment and other facilities and acts necessary or proper for or incidental to the carrying out and completion of the terms of this Contract. Tile term "work performed" shall be construed to include material delivered to and suitably stored at the site of the project. EXTRA WORK: The term "Extra Work" , as used herein, refers to and includes all work required by the Town which, in the judgment of the Engineer, involves changes in or additions to work required by the Plans, Specifications and ally Addenda in their present form. SUBCONTRACTOR: The term "Subcontractor" , as used herein, shall mean any person, firm or corporation applying labor and material for work at the site of the project, but not including the parties to this Contract. ENGINEER: In the performance of the work, the Town shall be represented by its Consulting Engineer HOLZMACHER, McLENDON & r MURRELL, P.C. , (herein called the "Engineer") . PAVING CONTRACTOR: The term "Paving Contractor" , as used herein , shall mean any person , firm, or corporation applying labor and equipment for receiving delivery of , placing and compacting the asphaltic concrete materials being supplied under this Contract . C-2 HOLZMACHER. McLENDON i MURRELL, I.C. i H2M CORP. CONSULTING QWIMRL" AND CMVIWMM0/TAL SCILMOITf CON'T'RACT - CONT'1). NOTICE - The term "Notic a"y as used herein , shall mean and include written notice. Written notice shall be deemed to have: been duly served when delivered to, or at the last known business address of, the person, firm or corporation for whom intended or to his, their, or its duly authorized agents, representatives or officers, or when enclosed in a postage prepaid wrapper or enve- lope addressed to such person, firm or corporation at his, their, or its last known business address and deposited in a United States Nail Box. DIRECTED, REQUIRED, APPROVED, ACCEPTABLE. - Whenever they refer to the work, or its performance, "directed" , "required", "permitted" , "ordered", "designated" , "preseribed" , and words of like import shall imply the direction , requirement , permission, order, desiglia- tion or prescription of the Engineer, and "approved"„ "saList'ied" , or "satisfactory" , "in the judgment of" , and words of like import, shall mean approved or acceptable to, or satisfactory to, in the judgment of the Engineer. 2. SCOPE OF THE WORK The Contractor will furnish all plant , labor, material , supplies, equipment and other facilities and things necessary or proper for or incidental to, the work contemplated by this Contract as required by, and in strict accordance with, the applicable Plans, Specifications and Addenda prepared by the Engineer and/or required by and in strict accordance with, such changes as are ordered and approved .pursuant to this Contract, and will perform all other obligations imposed on him by the Contract . 3. COMPENSATION TO BE PAID TO THE CONTRACTOR (a) Agreed Prices: It is understood and agreed that the Con- tractor will accept as payment in full the summation of products, of the actual quantities in place upon the completion of the work, as determined by the Engineer's measurements by the unit prices bid, no allowance being made for anticipated profit or for reason of variations from the estimated quantities sort forth in the Proposal. (b) Extra Work and/or Changes: The Town may, at any time, by a written order, and without notice to the sureties, require the performance of such extra work or changes in the work as it may find necessary or desirable. The amount of compensation to be paid to the Contractor for any extra work, as so ordered, shall be determined as follows: C-3 HOLZMACHER. MCLENOON i MURR" P.C. / H2M CORP. CONSULTING OWN"" AND 9MV111"MORAI sclumm CONTRACT - CONT'D. (1) By such applicable unit: prices, if any , as set forth in the contract , or (2) If no such unit prices are set forth , then by unit prices or by a lump sum mutually agreed upon by the Town and the Con- tractor, or (3) If no such unit prices are set forth,, and if the parties cannot agree upon unit prices or a lump sum, then by actual net cost in money to Lite Contractor of the materials, permits, wages, or applied labor, premiums for Workmen's Cumpensation Insurance, payroll taxes required by law, rental for plant and equ ipue n t used (excluding small tools) to which total cost will be added twenty percent (20%) as full compensation fox, all other items of profit, costs and expenses, including administration, overhead, superintendence, insurance, insurance other than Workmen 's Compen- sation Insurance, material used in temporary structures, allowances made by the Contractor to subcontractors, additional premiums upon the Performance Bond of the Contractor and the use of small tools. 4 . TIME OF ESSENCE Inasmuch as the provisions of this Contract relating to the time for performance and completion of the work are for the purpose of enabling the Town to proceed with the construction of a public improvement, in accordance with a predetermined program, such pro- visions are of the essence of this Contract. 5. COMMENCEMENT OF WORK The Contractor agrees that he will commence work within ten (10) consecutive calendar days after signing this Contract, and that the day he commences work shall constitute the first of the consecutive calendar days allowed for completion of the work. C-4 W ZMACHER, MCLENDON 6 WARELt,. P.C. / H2M CORP. coftemn"o WOIN[LA/ AND 9NV1MWMWAL Sclud"M CONTRACT - CONT'D. 6. TIME FOR COMPLETION The time for completion of this Contract shall be within the number of calendar days stated in the Bid Proposal and the date of such completion shall be the date of the certificate of com- pletion hereinafter specified. The Town reserves the right to order the; Contractor to suspend operations wtlen, in Lite opinion of the Engineer, impro- per weather conditions make such action advisable, and to order the Contractor to resume operations when weather and ground con- ditions permit . The days during which such suspension of work is in force are not chargeable against the specified completion time. 7. LIQUIDATED DAMAGES FOR DELAY The time limit being essential to and of the essence of this Contract, theContractor hereby agrees that the Town 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 fifty dollars ($50.00) 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 Town 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, provided, however, that the Town shall have the right to extend the time for the completion of said work. S. EXTENSIONS OF TIME NO WAIVER If the Contractor shall be delayed in the completion of his work by reason of unforeseeable causes beyond his control and with- out his fault, or negligence, including but not restricted to Acts of God or of any public enemy, acts or neglect of the Town , acts or neglect of any other Contractor, fires, floods, epidemics, quarantine restrictions, strikes, riots, civil commotion 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 Town. No such extension of time shall be considered a waiver by the Town 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 obliga- tions hereunder. C-5 HOLZMACHER, MCLENOON i MURR" P.C. I HZM CORP. CONSULTING VMWA" AND INVIN UMAL IClciiT M CONTRACT - CONT'1). 9. CONTRACT SECURITY (a) The Contractor shall furnish a Pert'ormunce Bond in an amount equal to one hundred percent ( 100%) ()1' the total contract price as security for the faithful performance of this contract , and for the payment of all persons performing labor or furnishing mater- ials in connection with this Contract . (b) Additional or Substitute Bond : It' , at any time, the Town shall be or become dissatisfied with any surety or sureties , then upon the Performance Bond, or it , for any other reason , such bond shall cease to be adequate security to the Town , the Contractor shall , within five (5) days after notice from the Town , substitute an acceptable bond in such form and sum, and signed by such other surety us may be satisfactory to the Town . Tho premiums on such bunds shall be puri by the Contractor. No I'urther payments shall be deemed due , nor shall be made: until the new surety shall have been qualified. (c ) Prior to release of the Performance Bond, the Contractor shall deliver to the 'Town a Maintc-nonce Bind equal to one hundred percent (100%) of the total Contract price, Including all extras. This Maintenance Bond shall remain in full force and effect for a period of one (1 ) year after the date of the final certificate and such bond, which shall be executed by the: Contractor and issued by a reliable, solvent surety company authorized to do business inthe State of New York shall guarantee to the Town that the Contractor shall promptly remedy any defects or faults that may occur within twelve ( 12) months after completion and acceptance of the work performed by the Contractor pursuant to this Contract . 10. CONTRACTOR'S INSURANCE The Contractor shall not commence any work until he has obtained and had approved by the Town all of the insurance required under this Contract , as enumerated herein : Compensation Insurance Public Liability and Property Damage Insurance Contractor's Protective Liability and Property Damage Insurance Owner's (Town of Southold) and Engineer's Pro- tective Public Liability and Property Damage Insurance Automobile Public Liability and Property Damage Insurance C-b' HOLZMACHL% McMDON i MURRELL, P.C. / N2M COAD. coto"TINo 9"410"Ad ANO U+VOW"140ItAL OCIENTIM CONTRACT - CONT'D. The Contractor shall not permit any subcontractor to commence any operation on the site until satisfactory proof of carriage of the above required insurance has been posted with, and approved by, the Town. (a) Compensation Insurance: The Contractor shall take out and maintain, during the life of this Contract. , Workmen 's Compensation Insurance for all of his employees employed at the site of the pro- ject , and in any case of any of the work being sublet, the Contractor shall require the subcontractor similarly to provide Workmen 's Com- pensation Insurance for all of the latter's employees, unless such employees are covered by the protection affordod by the Contractor. (b) Public Liability and Property Damage Insurance: The Con- tractor shall take out and maintain during ttce life of this Contract such Public Liability and Property Damage Insurance as shall pro- tect him and any subcontractor performing work covered by this Contract for claims for damages for personal injury, including accidental death, as well as from claims for property damage which may arise from operations under this Contract , whether such opera- tions be by himself or by any subcontractor, or by anyone directly or indirectly employed by either of them, and the amounts of such insurance shall be as follows: T Public Liability Insurance in the amount not less than Five Hundred Thousand Dollars ($500,000. ) for bodily injuries, including wrongful death to any one person, and subject to the same limit for each person in an amount not less than One Million Dollars ($1,000,000. ) on account of one accident. Property Damage Insurance in an amount not less than One Hundred Thousand Dollars ($500,000. ) for damages on account of any one accident and in an amount of not less than Two Hundred Thousand Dollars ($1 ,000,000. ) for damages on account of all accidents. (c) Liability and Property Damage Insurance: The above policies for public liability and property damage insurance must be so written as to include Contractor's Protective Liability and Property Damage Insurance to protect the Contractor against claims arising from the operations of any subcontractor. C-7 HOLWCHER,MCLENOON 6 MURRELL. P.C. / H2M CORP. CO"M""o asaiNKAS Awa [NvswNmcmrAL Kivu m CONTRACT - CONTI D. (d) Owner's and/or Engineers Protective Public Liability and Property Damage Insurance: (Town and/or Town Board, Town of Southold and/or Holzmacher, McLendon & Murrell, P.C. ) The Con- tractor shall furnish to the Town with respect to the operations he or any of his subcontractors perform, a regular Protective Public Liability Insurance Policy for and in behalf of the Town and/or Town Board, Town of Southold and/or 11olzmacher, McLendon & Murrell, P.C. , providing for a limit of not less than $500,000. for all damages arising out of bodily injuries to, or death of one person and subject to that limit for each person, a total limit of $1,000, 000. for all damages arising out of bodily inju- ries to, or death of, two or more persons in any one accident ; and regular Protective Property Damage Insurance providing for a limit of not less than $500,000. for all damages arising out of injury to, or destruction of, property in any one accident and subject to that limit per accident a total (or aggregate) limit of $1 ,000,000. for all damages arising out of injury to, or des- truction of property during the policy period. The insurance must fully cover the legal liability of the Town and/or Town Board, Town of Southold as owner and/or Holzmacher, McLendon & Murrell, P.C. The coverage provided under this policy must not be affected if the Town and/or Engineer performs work in ca►riection with the project either for, or in cooperation with, the Contractor or as an aid there- to, whether the same be a part of the Contract or separate there- from, by means of its own employees or agents, or if the Town and/or Engineer directs or supervises the work to be performed by the Contractor. (e) Automobile Public Liability and Property Damage Insurance: The Contractor shall take out and maintain during the life of the Contract such automobile public liability and property damage insurance as shall protect him and any subcontractor performing work covered by this contract from claims for damages for personal injury, including accidental death as well as from claims for property damage which may arise from operations under this Con- tract, whether such operations be by himself or by any subcontractor, or by anyone directly or indirectly employed by either of them and the amounts of such insurance shall be as follows: C-13 HOLZMACHER. MCLENOON i MURKU, P.C. H2M CORP. CM&ULTINO 04MMUM AND INVIMMM[MTAL KmNnm CONTRACT - CUNT'I). Automobile public Liability Insurance in an amount not less than Five Hundred Thousand Dollars ($500,000. ) for bodily injuries, inc uding wrongful death by any one person, acct subject to the same limit for each persue in an amount not less than One Million Dollars ($1,000,000. ) un account of one accident . Automobile Property Damage Insurance in an amount of not less than One Hundred Thousand Dollars ($100, 000. ) for damages Oil account or any one accident, and In an amount of not less than Two Hundred Thousand Dollars ($200,000. ) for damages on account of all accidents. Il . PROOF OF CARRIAGE OF INSURANCE The Contractor shall furnish the Town with certificates of each insurer• insuring the Contractor or any subcontractor under this Contract , except with respect to subdivision (d) of Paragraph 10. In respect to this paragraph, the Contractor shall furnish the Town with the original insurance policy and a copy to the Engineer. Both certificates, as furnished, aid the insurance policy, as required, shall bear the policy numbers, the expiration date of the policy and the limit or limits of liability thereunder. Both the certificates and the policy shall be further endorsed to provide the Town and Engineer with any notice of cancellation at least five (5) days prior to the actual date of such cancellation. C-9 HOLZMACHER, MCLENOON 6 MURRELL. P.C. I N2M CORP. CONBULTINO DOHA " AND ENVIMONMCMTAL MCILMTIm CONTRACT - CONT'D. 12. COMPLIANCE WITH LABOR AND PENAL LAWS The Contractor hereby expressly agrees to comply with all the provisions of the Labor Law and any and all amendments thereto, insofar as the name are applicable to this Contract . The Labor Laws, as amended, provide that no laborer, workman or mechanic: in the employ of the Contractor, subcontractor or other person doing or contracting to du the whole or a pant of the work con- templated by this Contract , shall be permitted or required to work more than eight (8) hours in any one calendar day, except in cases of extraordinary emergency caused by fire, flood, or danger to life or property; that no such person shall be employed more than eight (8) hours in ally day or more than t'ive (5) days in any week, except in such emergency; that the wages to be paid for a legal day 's work as hereinbefore defined, to laborers, workmen, or mechanics upon the work called for under this Con- tract , or for any materials used upon or in connection therewith, shall not be less than the prevailing rate for a day's work in the same trade or occupation in the locality within the State where such work is to be done and each laborer, workman or mechanic employed by the Contractor, subcontractor, or other person about or upon the work shall be paid the wages herein provided; that employees engaged in the construction outside the limits of cities and villages are no longer exempt from the pro- visions of the Labor Law which required the payment of the pre- vailing rate of wages and the eight (8) hour day. Section 222 of the Labor Law, as amended by Chapters 556 and 557 of the Laws of 1933, provides that preference in employ- ment shall be given to citizens of the State of New York who have been residents of Suffolk County for at least six (6) consecutive months immediately prior to the commencement of their employment. Each person so employed shall furnish satis- factory proof of residence, in accordance with rules adopted by the Industrial Commissioner. Persons other than citizens of the State of New York shall be employed only when such citizens are not available. Section 222 further provides that upon the demand of the State Industrial Commissioner, the Con- tractor shall furnish a list of names and addresses of all his subcontractors and further provides that a violation of this section shall constitute a misdemeanor and shall be punishable by a fine of not less than Fifty Dollars ($50. 00) nor more than Five Hundred Dollars ($500.00) or by imprisonment for not less than thirty (30) days nor more than ninety (90) days, or both fine and imprisonment. C-10 HOMMCHER. MdAN00N&MURA" P.C. I HZM COAD. caft"nme Doetw Rs AND LMVINNMOIU►L M M M CONTRACT - CONT'D. Section 220A of the Labor Law, as amended by Chapter 472 of the Laws of 1932, provides that before payment is made by or on behalf of the State or any City, County, Town or Village or other civil deviation of the State, of any sums due on account of a contract for a public improvement , it is the duty of the Comptroller or the financial officer of the Municipal Corporation to require the Contractor and each and every sub- contractor to file a certified statement in writing, in satis- factory form, certifying to the amounts then due and owing to any and all laborers for daily or weekly wages on account of labor performed upon the work of the Contract , setting forth therein the names of the persons whose wages are unpaid and the amount due each, respectively. Section 220-B of the Labor Law, as so amended, provides that any interested person who shall have previously filed a protest in writing objecting to the payment to any Contractor or subcontractor to the extent of the amount or amounts due or to become due to him for daily or weekly wages for labor performed on the public improvement for which the Conti-act was entered into, or if, for any other reason, it may be deemed advisable, the Comptroller of the State or other financial officer of the Municipal Corporation may deduct from the whole amount of any + payment on account thereof the sum or sums admitted by any Contractor or subcontractor in such statement or statements so filed to be due and owing by him on account of labor per- formed and may withhold the amount so deducted for the benefit of the laborers for daily or weekly wages, whose wages are unpaid as shown by the verified statements filed by any Con- tractor or subcontractor and may pay directly to any person the amount or amounts so shown to be due for such wages. Section 220-C of the Labor Law, as so amended, provides .the penalty for making of a false oath or verification. Section 220-D of the Labor Law provides that the advertised specifications for every Contract for the construction, recon- struction, maintenance and/or repair of highways to which the State, County, Town and/or Village is a party shall contain the provision stating the minimum rate of hourly wage that can be paid, as shall be designated by the Industrial Commissioner, to the laborers employed in the performance of the Contract, either by the Contractor, subcontractor or other person doing , or contracting to do the whole or part of the work contemplated by the Contract, and the Contract shall contain a stipulation F that such laborers shall be paid not less than such hourly minimum rate of wage. Any person or corporation that willfully pays C-11 HOLtMACHN. MkMDON i MURMIt. P.C. / 142M COMP. O"UMNO tWNwm AND a+WAONMMAL SCI[1lT EN CONTRACT - CONT'D. after entering into such contract less than such stipulated minimum hourly wage scale shall be guilty of a misdemeanor and, upon conviction, shall be punished for a first offense by a fine of Five Hundred Dollars ($500.00) or by imprisonment for not more than thirty (30) days, or by both fine and imprisonment for a second offense by a fine of One Thousand Dollars ($1,000.00) and, in addition thereto, the Contract on which the violation has occurred shall be forfeited; and no such person or corporation shall be entitled to receive any sum or nor shall any officer, agent or employee of the State pay the same or authorize its payment from the funds under his charge or control to any person or corporation for work done upon any contract. , on which the Contractor has been convicted of second offense in violation of the provisions of this Section. The minimum wage rates established by the Industrial Com- missioner, State of New York, for this Contract , are as set forth in the Information for Bidders. Section 1918 of the Penal Law, as amended, provides that no person shall discharge explosives in the ground, nor shall any person other than a state or county employee regularly engaged in the maiJktenance and repair thereof excavate in any then existing street, highway, or public place, unless notice thereof in writing shall have been given at least seventy-two hours in advance to the person, corporation or municipality engaged in the distribution of gas in such territory. The person having direction or control of such work shall give such notice and further, he shall ascertain whether there is within one hundred feet of such street, highway or public place, or in the case of a proposed discharge of explosives within a radius of two hundred feet of such discharge, any pipe of any person, corporation or municipality conveying combustible gas, and if any emergency involving danger to life, health or property, it shall be lawful to excavate without using explosives if the notices prescribed herein are given as soon as reasonably possible, and to disharge explosives to protect a person or persons from an immediate and substantial danger of death or serious personal in- jury if such notices are given before any such discharge is under- taken. Any such work shall be performed in such manner as to avoid damage to pipe conveying combustible gas. Any violation of the provisions of this Section shall be a misdemeanor. C-12 MOLZWICHEA.AACMDON`MUM" P.C. I HZM CORP. CiWOULIMM iNW "A& AND GNWIMUMOOTAI WJINTIffs CONTRACT - CONT'D. . 13. QUALIFICATIONS FOR EMPLOYMENT No person under the Age of sYxteen (16) years, and no person currently serving sentence in a penal or correctional institution shall be employed to perform any work on the project under this Contract . No person whose age or physical condition is such as to make his employment dangerous to his health or safety , or the health and safety of others, shall be employed to perform any work on this project ; provided , however, that such restriction shall not operate against the employment of physically handi- capped persons, otherwise employable, where each person may be surely assigned to work which they can ably perform. 14 . NON-DISCRIMINATION There shall be no discrimination because of race, creed or color in the employment of persons for work under this Contract , whether performed by the Contractor or any subcontractor. Neither shall the Contractor or any subcontractor discriminate in any manner against or intimidate any employee hired for the perform- ance of work under this Contract on account of race, creed or color. There may be deducted from the amount payable to the Con- tractor by the Town under this Contract a penalty of Five Dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of this paragraph; provided that for a second or any subsequent violation of the terms of this paragraph, this Con- tract may be canceled or terminated by the Town and all monies due or to become due hereunder may be forfeited. 15. PAYMENT OF EMPLOYEES The Contractor and each of his subcontractors shall pay each of his employees engaged in work on this project under this Contract in full ( less deductions made mandatory by law) in cash and not less often than once each week. C-13 HOLZMACHER, McLENDON&MURRELL,�.C. / H2M CORP. CONSULTING WGINEEAS ANO ENVIRONMENTAL SCIENTIST! CONTRACT — CONT'D r 16. ESTIMATES AND PAYMENTS (a) Final Certificate: Thirty (30) days after the Contractor shall have substantially completed the work required of it under the Contractor the Engineer will prepare a final certificate of the re- maining amount of the Contract balance less a sum equal to two (2) times the value of any remaining items to be completed and less an amount necessary to satisfy any claims, liens or judgements against the items of work are satisfactorily completed or corrected, the Town shall promptly pay, upon receipt of a requisition for these items less an amount necessary to satisfy any claims, liens or judgements against the Contractor which have not been suitably discharged. Any claims, liens and judgements referred to in this seciton shall pertain to the project and shall be filed in accordance with the terms of the applicable Contract and/or applicable laws. (b) In order to secure the performance of the convenant of the Contractor, prior to release of the Performance Bond, the Contractor shall deliver to the Town a Maintenance Bond equal to one hunderd percent (100%) of the total Contract price, including all extras. This maintenance bond shall remain in the full force and effect for a period of one (1) year after the date of the final certificate and such bond, which shall be executed by the Contractor and issued by a reliable, solvent surety company authorized to do business in the State of New York shall guarantee to the Town that the Contractor shall promptly remedy any defects or faults that may occur within twelve (12) months after completion and acceptance of the work per- formed by the Contractor pursuant to this Contract. (c) The cost of the work performed under this Contract is being reimbursed to the Town by New York State. Payment to this Contractor shall be made by the Town within five (5) calendar days after receipt by the Town of State reimbursement for the work. C-14 HOLDIACHER, MCMDON i MURRELL. P.C. I HM COM. cou""ma emmmum Ano t mmumanAL eci mT m CONTRACT - CONT I U. (d) Measurements for Payment : The Engineer shall make due measurement of the 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 shrill be taken as the full measure of compensation to be received by the Contractor. When requested by the Contractor, the Engineer shall measure, re-measure or reg-estimate any portion of the work ; but the expense of such re-measuremc,-nt or re-estimating shall , unless materlul error be proved, be paid for by the Contractor. 17. ACCEPTANCE OIP FINAL PAYMENT rONSTITIiTES RI-;LEASE The acceptance by the Contractor of the .final. payment shill be, and shall operate as a release to the Town from all claims and all li.alAilties to the Contractor for tell things done or furnished in connection with this work and for every act and neglect of the Town and other relating to, or arJsing out of, this work, excepting the Contractor's claims for Interest upon the final payment , if this payments 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. 18. CONSTRUCTION REPORTS i The Contractor shall submit to the Engineer prior to the commencing of any work under this Contract a detailed schedule and plan of operation, indicating the manner in which the Contractor proposes to prosecute the work, and a time schedule therefore. 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 Contractor shall furnish the Engineer with periodic esti- mates 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 r receive 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 other than the Town as may be required by such existing laws or regulations. C-15 HOLZMAMM,McIENDM i MURKLI. P.C. I HZM CORP. eON"vir O awsi ms ANO am11 mmaaAL sc1E?IT m CONTRACT - CONT'D. 19. INSPECTION AND TESTS All material and workmanship shall be subject to inspection, examination and test by the Engineer and other representatives of the Town at any time during the construction and at any and all places where manufacturing of materials used and/or construct- tion is carried on . Without additional charge, the Contractor shall furnish promptly all reasonable facilities, labor and materials neces- sary to make tests so required safe and convenient . If, at any time, before final acceptance of the entire work, the Engineer considers necessary or advisable an examin- ation of any portion of the work already completed, by removing or tearing out the same, the Contractor shall , upon request , furnish promptly all necessary facilities, labor and materials for such examination. If such work is found to be defective in any material respect , due to the fault of the Contractor or any subcontractor, or if any work shall be covered over without the approval or consent of the Engineer, whether or not the same shall be defective, the Contractor shall be liable for the expenses of or such examination and of satisfactory reconstruction. If, however, such approval and consent shall have been given, and such work is found to meet the requirements of this Contract , the Contractor shall be recompensed for the expense of such examin- ation and reconstruction in the manner herein provided for the payment of costs of extra work. The selection of laboratories and/or agencies for the in- spection and tests of supplies, materials or equipment shall be subject to the approval of the Engineer. Satisfactory documen- tary evidence that the material has passed the required inspec- tion and test must be furnished the Engineer prior to the incor- poration of the material in the work. Any rejected work shall be removed from the site of the project completely at the expense of the Contractor. C-16 HOLZMACNER. M@1011501 A MURR" P-C. 1 HZM COAD. ca+ur�nra amold" a AND wwaoaManµ 8c'0mM CONTRACT - CONT'D. 20. PLANS AND SPECIFICATIONS - INTERPRETATIONS The Contractor shall ealiandsite identiYiedwork theone En6lneer. the plans and Specificationssigned Anything shown on the Plans and ecificationstandnnotned in Show" Specifications Specifications shall or mentioned in tl�e or mentioned respectively in both. have the same effect ss if shown In case of any conflict or inconsistency between the Plane`ween Specifications , the Plans shall govern. Any discrepancy the figures and specifications shall be submitted to the Engineer, whose decision therein 21 . SUBSURFACE CONDITIONS FOUND DIFFERENT Should the Contractor encounter subsurface conditions at the site materially differing from those shown on the plans rIndi- cated in the Specifications, he shall immediately give no tice to the Engineer of such conditions before they are disturbed; the Engineer shall thereupon promptly investigate the co nditiolns and if lie finds that they materially differ from those shown oil at once the Plans or indicated on and/Specificationor ionseasl�helmay find make such changes in the plans necessary. Any increase nrthemanner providedherein of cost adjustme from ntnass ' will be adjusted i to extra and/or additional work and changes . 22. CONTRACTOR'S TITLE TO MATERIALS No material or supplies for the work shall be purchased by the Contractor or by any subcontractor subject to any chattel mortgage or under adilsale or etthic by h an interest is retained tile seller. TheCoagreement ractorwarrants lies used by him that he has good title to all materials and supe in the work. 23. SUPERINTENDENCE BY CONTRACTOR At the site of the work the Contractor shall employ a Con- struction Superintendent or f�ri$aunderstoodshall tl�athave suchfull representy _ to act for the Contractor. I shall be tative shall be accepiatltEngineer paraicular �oboinvolved who can be continued in t capacity for unless he ceases to be on the Contractor's payroll. C-1? HOLZMACHM MOUNDON i MURA" P.C. I N2M CORP. aDNWInme DOWUM AND LIMM MMMAL WJPdTWs CONTRACT - CONT'D. 24. PROTECTION OF WORK, PERSONS AND PROPERTY Precaution shall be exercised at all times for the proper protection of all persons, property and work. The safety pro- visions 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 Town or Its Engineer to adequately safeguard the traveling public . Tice Contractor shall give notice to the owners of all utilities which may serve the area ,and request their assistance in pre- determining the location and depth of the various pipes, conducts, manholes and other underground facilities. 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 document's, or by the Town 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 Town might be liable. The Contractor shall be liable for all injury or damage caused by his act or neglect, or that of his employees. 25. PATENT RIGHTS As part of his obligation hereunder and without any ad- ditional compensation, the Contractor will pay for any patent fees or royalties required in respect to the work or any part thereof and will fully indemnify the Town for any loss on account of any infringement of any patent rights , unless prior to his use in the work of a particular process or a product of a particular manufacturer, he notifies the Town in writing that such process or product is an infringement of a patent. C-18 HOLZMACHER, McLENDON 6 MURRELL. P.C. I 142M COW. QONSULTINa OIa1NLMS AND INVOWNMa0TAL OMANTIM CONTRACT - CONT'1). w 26. REPRESENTATIONS OF CONTRACTOR The Contractor represents and warrants : (a) That lie is financially solvent and that he is experienced in and competent to perfrom the type of work involved tinder this Contract and able to furnish the plant materials , supplies and/or equipment to be furnished for the work; and (b) that he is familiar with all Federal. , State and Municipal Laws , ordinances and regulations which may in any way affect the work of those employed hereunder, including but not limited to any special acts relating to the work; and (c) that such work required by these Contract Documents as is to be done by him can be satisfactorily constructed and used for the purpose for which it is intended and that such construc- tion will not injure any person or damage any property; and (d) that he has carefully examined the Plans , Specifications , and the site of the work, and that from his own investigation lie has satisfied himself as to the nature and location of the work, the character, location, quality and quantity of surface and sub- surface materials , structures and utilities likely to be encountered, the character of equipment, and other facilities needed for the performance of the work, the general local conditions which may in any way affect the work or its performance. 27. AUTHORITY OF THE ENGINEER In the performance of the work, the Contractor shall abide by all orders and directions and requirements of the Engineer and shall perform all work to the satisfaction of the Engineer, at such time and places, by such methods, and in such manner and sequence as he may require. The Engineer shall determine the amount, quality, acceptability and fitness of all parts of the work, shall interpret the plans, specifications, contract documents and any extra work orders and shall decide all d her questions in connection with the work. Upon request, the Engineer shall confirm in writing any oral orders, directions, requirements or determinations. The enumeratial herein or elsewhere in the contract documents of particular instances in which the opinion, judgment, discretion or determination of the Engineer shall control, or in which work shall be performed to his satisfaction or subject to his approval, or inspection, shall not imply that only matters similar to those enumerated shall be so governed and so performed, but without exception all the work shall be governed aniso performed. C-18 HOLZMACHEA. Md MOON i MURREI.L, P.C. I H2M CORP. 00MULTINO VIGIN"AS AND 9MVIM NMOffAL ACIENT M CONTRACT - CONT'D. 28. SURVEYS The Engineer will furnish to the Contractor all layouts , measurements and lines and grades necessary for the execution of the work. When and as requested, the Contractor will fur- nish the necessary stakes and spikes for laying out such lines and grades and the unskilled labor necessary to place same. 29. CHANGES AND ALTERATIONS The Town reserves the right to make alterations in t:he location, line, grade, plans , form or dimensions of the work, or any part thereuf, either before or after the commencement of the 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 . 30. CORRECTION OF WORK All work and all materials, whether incorporated into the work or not, all processes of manufacture and all methods of con- struction shall be, at all times and places, subject to the in- spection of the Engineer who shall be the final judge of quality, materials, processes of manufacture and methods of construction suitable for the purpose for which they are used. Should they fail to meet his approval they shall be forthwith reconstructed, made good and replaced and/or corrected as the case may be, by the Contractor at his own expense. Rejected materials shall im- mediately be removed from the site. If, in the opinion of the Engineer, it is not desirable to replace any defective or damaged materials or to reconstruct or correct any portion of the work injured or not performed in accordance with the Contract Documents, the compensation to be paid to the Contractor hereunder shall be reduced by such amount as, in the 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, settlements, or shrinkages which may appear within one year following the date of the final certi- ficate. Neither the acceptance of the completed work nor C-20 IIOLZMACHER,Md ANDM i UMM" ►.C. / HZM CORK GMSM INY DWHUAS ANO tM OMMOOTAL SOU MTS CONTRACT - CONT'D. payment therefor shall operate to release the Contractor or his sureties from any obligations under or upon this Contract or the Performance Bond. 31 . WEATHER CONDITIONS In the event of temporary suspension of the 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 materials shall have been damaged or injured by reason of the 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. 32. THE TOWN'S RIGHT TO WITHHOLD PAYMENTS The Town may withhold from the Contractor so much of any approved payments due him as may, in the judgment of the Town, be necessary: (a) To assure the payment of just claims then due and unpaid of any persons supplying labor or materials for the work; (b) To protect the Town from loss due to defec- tive work not remedied, or (c) To protect the Town from loss due to injury to persons or damage to the work or property of other contractors or subcontractors or others, caused by tie act or neglect of the Contractor or any of his subcontractors. The Town shall have the right, as agent for the Contractor, to apply any such amounts so withheld in such manner as the Town may deem proper to satisfy such claims or to secure such protection. Such application of such money shall be deemed payments for the account of the Contractor. C-21 9 HOLIMACHER, MCLENOON A MURR" P.C. I N2M CORP. CONSULTING O+GINUAll AND LNVOWNMOIT" SCIUMM CONTRACT - COW, 1). 33. THE TOWN 'S H I GGT TO STOP WORK Olt TERMINATE NATE CONTRACT: 11 , (a) The Con t.ra ctor shall be adjudged bunk rtip L or make: all assignment for the benefit of creditors , or (b) A receiver or liquidator shall be apljoinLed for the Contractor for any of his property and shall not be dismissed within 20 days al'te'r such appointment , or the proceedings in connection therewith shall not be stayed on appeal wttliin the said 20 days, or (c) The Contractor shall. refuse or fall , alter nolAve or warning I'Vom Lhe 1•:ng i neer, to Supply enough p roper 1 y sk i l 1 ed workmen or proper waLcrials, or (d) The Contractor shall refuse or fail to prosecute the work or any part thereof with such diligence its will insure its completion within the period herein specified (or any duly authorized extension thereof) or shall fail to complete the work within said period, or (e) The Contraefor shall fail to make prompt payment to persons supplying labor or materials for the work, ,or ( f) The Contractor shall fail or refuse to regard laws , ordinances, or the instructions of the Engineer or otherwise be guilty of a substantial violation of any provision of this Contract , then, and in any such event , the Town , without prejudice to any other rights or remedy it may have, may by seven (?) days notice to the Contractor, terminate the employ- ment of the Contractor and his rights to proceed either as to the entire work or (at the option of the Town) as to any portion thereof as to which delay shall have occurred, and may take possession of the work and complete the work by contract or otherwise, as the Town may deem expedient . In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the compensation to be paid the Contractor hereunder shall exceed the expense of so completing the work ( including compensation for additional managerial , administrative and inspection services and any damages for delay) , such excess shall be paid to the Contractor. C-22 HO ZMACHEA, McMWN i MORA" P.C. I H2M CORP. OON&ULTINO paw"" AND 9MVMONMUHAL OCIE OOM CONTRACT - CONT'U. If such expense shall exceed the unpaid balance, the Contractor All and his sureties shall be liable to the Town for such excess . If the right of the Contractor to proceed with the work is so > terminated, the Town may take possession of and utilize in completing the work such materials, appliances , supplies , plant and equipment as may be on the site of the work and necessary thereof. If the Town does not so terminate the right of the Contractor to proceed, the Contractor shall continue the work. 34. CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT If the work shall be stopped by order of the Court or any other public authority, for a period of three months without act or fault of the Contractor or of any of his agents, servants , em- ployees or subcontractors, the Contractor , may, upon ten (10) days notice to. tile Town, discontinue his performance of the work and/or terminate the Contract, in which event the liability of the Town to the Contractor shall be determined as provided in the paragraphs immediately preceding, except that the Contractor shall not be obligated to pay to the Town any excess of the expense of completing the work over the unpaid balance of the compensation to be paid to the Contractor hereunder. 35. RESPONSIBILITY OF WORK The Contractor agrees to be responsible for the entire work embraced in this Contract until its completion and final acceptance, and that any unfaithful or imperfect work that may become damaged from any cause, either by act of commission or omission to properly guard and protect the work that may be dis- Covered at any time before. the completion and acceptance shall be removed and replaced by good and satisfactory work without any charge to the Town and that such removal and replacement will be performed immediately on the requirement of the Engineer, notwithstanding the fact that it may have been overlooked by the proper inspector, and partial payment made thereon. It is fully understood by the Contractor that the inspection of the work shall not relieve him of any obligation to do sound and reliable work as herein prescribed, and that any omission to disapprove of any work by the Engineer at or before the time of a partial payment or other estimate shall not be construed to be an acceptance of any defective work. C-23 HOLZMACHER, MCLENDON i MURRELL. P.C. / H2M CORP. CONSULTING 0011MMMAS AND MNVIAOMMWTAL SCIENTIST! CONTRACT - CUNT'1). 36. USES OF PREMISES AND REMOVAL OF DEBRIS The Contractor expressly undertakes at his own expense: , (a) to take every precaution against injury to persons or damages to property ; (b) to store his apparatus, materials , supplies and equip- ment 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 ; or other contractors ; (c) to place upon any of the compleled work only such super- imposed loads as are consistent with the safety of 'that portion of the work; (d) to rrequent.ly 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 and orderly and workmanlike appearance ; (e) before final certificate, to remove all surplus material, temporary structures, plants of any description and debris of any and every nature resulting from his operations and to put the site in a neat and orderly condition. 37. POWER OF THE CONTRACTOR TO ACT IN AN EMERGENCY In case of an emergency which threatens loss or injury to property and/or safety to life, the Contractor will be permitted to act as he sees fit without previous instructions from the En- gineer. He shall notify the Engineer thereof immediately there- after and any compensation claimed by the Contractor due to extra work made necessary because of his acts in such emergency shall be 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, tie shall act as in- structed 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. HMMACWA. MCMDON A MURR" P.C. I HZM COMP. CONANlTIN0 Qwn"As AND NdvIAONMairAI SCIENTIM CONTUACT - CONT 11). 38. SUITS AT I.AW The Contractor shall indemnify and save: harmless the Town from and against all stilts, claims , demands or actions for any Injury sustained or alleged to be sustained by any party or parties in connection with the construction of the work or any part thereof, or any commission or omission of the Contractor , his employees or agents or any subcontractors and in case any such action shall be brought against the Town, the Contractor shall immediately lake care of and defend ( fie same at his own cost and expense. 39. PROVISIONS RE-0lliREU BY LAW DEEMED INSERTED Each and every provision or law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein, and, if through mistake or otherwise, any such provision is not inserted or is not correctly inserted, then upon the application of either party, the Contract shall forthwith be physically amended to make such insertion. 40. SUBLETTING, SUCCESSOR AND ASSIGNS The Contractor shall not sublet any part of the work under this Contract, nor assign any money due him hereunder without first obtain- ing the written consent of the Town. This Contract shall endure to the benefit of and shall be binding upon the parties hereunder and upon their respective successors and assigns, but neither party shall assign or transfer his interest herein in whole or in part without consent of the other. 41 . WAIVER OF IMMUNITY If any person, corporation, or body contracting with the Town, who when called before a grand ,jury, head of a city department , or _ other agency, which is empowered to compel the attendance of wit- ness and examine them under oath, to testify in an investigation concerning any transaction or contract had with the state, any polit- ical subdivision thereof, a public authority or with any public department, agency or official of the state or of any political sub- division thereof or of a public authority, refuses to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant question concerning such transaction or contract, then C-25 HOL?MACKAo MdMooN i MLNta" p.C. 1 H2M CoA'. =04UL"M OiWN"M AND N+"MM#AajrAL smcwYu» CONTRACT - CONT'l). (a) such person, and any firm, partnership or corporal.ion of which lie is a member, partner, director or officer shall be disqual- ified from thereafter selling to or submitting bids to or receiving awards from or entering into any contracts with any municipal corp- oration or fire district, or any public department , agency or official thereof, for goods, work or services , for a period of five years after such refusal (b) any and all contracts made with the Town or any agency or official thereof, by such person, and by any firm, partnership, or corporation of which he is a member, partner, director or officer may be cancelled or terminated by the Town without incurring any penalty or damages on account of such cancellation or termination, but any monies owing by the municipal corporation for goods delivered or work done prior to the cancellation or termination shall be paid. C-26 HMZMACHER. MCMDON d MURK" P.C. / NZM CORP. CONSULTING ENOINUM AND RNVIN"MLNTAL SCIENIIST11 CONTRACT - CONT'D. IN WITNESS WHEREOF, the parties hereto have set their hands and * seals the day and year first above written. TOWN OF SOUTHOLD BY- (TOWN SEAL) William R. Pell III , Supervisor (SEAL) Contractor BY: TITLE: STATE OF NEW YORK) ) ss: COUNTY OF SUFFOLK ) On the day of_ , 19__, before me personally came William R. Pell III , to me known, who being by me duly sworn, did depose and say that he is the duly elected Supervisor of the Town of Southold, County of Suffolk, New York, and that at a meeting of the Town Board of the Town of Southold, duly held on the day of 19 , the said Board, authorized the said Super- visor to execute all and any contracts on behalf of the Board; that he knows the seal of the said Town, that the Seal affixed to the foregoing instrument is its corporate seal ; that it was affixed thereto by order of the said Board, and that he signed his name thereto and executed the said instrument on behalf of the said Town by like order and authority. NOTARY PUBLIC C-27 HOIZMACHER, MclEN00N a MURR" P.C. I 142M CORP. CONSULTING VNINUM AND ENVIRONMORTAL NCIENTIMTO CONTRACT - CONT'D. ACKNOWLEDGMENT OF CONTRACTOR, IIS A CORPORATION STATE OF NEW YORK) SS: COUNTY OF ) On this day of 19 before me personally came and appeared to me known, who by me being; duly sworn, did depose and say that he resides at that he is the of the Corporation described in and which executed the foregoing; in- strument , that. he knows the seal of said corporation, that one of the seals affixed to said instrument is such seal , that it was so affixed by order of the Directors of said corporation, and that he signed his name thereto by like order. NOTARY PUBLIC ACKNOWLEDGMENT OF CONTRACTOR IF A PARTNERSHIP STATE OF NEW YORK) SS: COUNTY OF ) On this day of 19 , before me personally came and appeared , to me known, and known to me to be one of the members of the firm of described in and who executed the foregoing; instrument, and lie acknowledged to me that he ex- ecuted the same as and for the act and deed of said form. NOTARY PUBLIC C-28 FI M!i4GHEi#, IcI. IPOM 4 MuRR" P.C. / H2M MRP. CQPI4NETII'I�i RfAIMF�RA M'IQ t^11YIRANM17�Tµ �lR1VTIIITA GWRAD CONDITIONS 1. GFNFRAI• CONDITIONS A* The "(jeneral CAnditiAns" Are hereby made A part of this Apoc*ficAtiQ" and Are AttRched horeiRft p. Where any Rrttcle of tho "Generol CAnditionstt is supplemented horobyl the provisions of such article shall romAin to effect. All the supplemental provisiAns shall be cOnsidorod As Added thereto. Where Any such article is Amendod, Voided or superseded thereby? the provi- slOns At such article not so specifically Amended$ voided or super- seded shall remain in effect. Works materials plant? labor And other repuiroments of the Pon- oral CAnditioog 0)411 be furotshed by the COntrActor. NA direct pay- moot shall be made for these GonerAl Conditions? Rod payment shalt be doomed to be included in tho contrRct price Or VArtous Items Of the Wire FARtract . 2. CONTRACT DOCUMENTS The Contract Documents tncludo; but Are not limited to, the General Conditions, Genornl NpeFifiaAttons? Detailed Specific4tions3 Plans; proposal FArmv CAntraFt And Other sections As either cited on the tnde4 pages or Actually tncludod to the bound dAFumonts, ` Each section of the CAntrAct Documonts is intended tO be GOmplo- montory to the other seFttonso It is intended that they tRclude All Items of labor And materials, And everything rewired And necessary to FAmplete the wor4; even though some items of Work Or materials may not bo pArttFulArly moo- ttARed in every section Or may hAVo boon tnAdVortoRtly omitted fVAm the Drawings or ApecifiGAtiAnst or both. 3. APPROVAL OF SURCANTRACTORS AND MATERIALA 6 l prior to commenctng Any Work under this CAntrAct# the COntrAFtOr shall submit to the EngtReer, for ApprAVAIj R list of all the sub- AontrAFtArs and material suppltors he proposes to use for this GAR- traFt . No subcontractor or mAterlAl supplier Will be permitted to do- liver materials or perform Any Work An this Contract until he hos been Approved by the Engineer in Writing. GG-1 HOLZMACHER. McIFNDON 6 MURREIL P.C. I H2M CORP. COMULTINO ENGINUM AND fAVIRONMU"AL BCIENTIM GENERAL CONDITIONS (CONT'D. ) 4. INTERPRETATION OF DRAWINGS„ ETC. A. In the event of discrepancies between the Drawings and the Specifications, the following order shall be given preference when making interpretations: 1. Addenda (later dates to take precedence over earlier dates) 2. Drawings (schedules or notes to take precedence over other data shown on Drawings) 3. Detailed Specifications 4. General Specifications 5. General Conditions B. On all plans, drawings, etc. , the figure dimensions shall govern in the case of discrepancy between the scales and figures. C. The Contractor shall take no advantage of any error or omission in the Plans, or of any discrepancy between the Plans and Specifications, and the Engineer shall make such corrections and interpretations as may be deemed necessary for the fulfillment of the intent of the Specifications and of the Plans as construed by him, and his decision shall be final. D. All work that may be called for in the Specifications and not shown on the Plans, or shown on the Plans and not called for in the Specifications, shall be furnished and executed by the Contractor as if designated by both. Should any W-�)rk or material be required 6 which is not denoted in the Plans and Specifications, either directly 1 or indirectly, but which is, nevertheless, necessary for the proper carrying out of the intent thereof, it is understood and agreed that the same is implied and required, and that the Contractor shall per- form such work and furnish such materials as if they were completely delineated and described. 5. ADDITIONAL WORK Additional work, if required to be performed under this Contract, will be in accordance with the applicable paragraphs of the Contract. The Engineer shall be the sole judge as to whether such work was in- tended as part of the Contract or is in addition thereto. GC-2 HOLZMACHER, McLENDON 6 MURRELL, P.C. / H2M CORP. CONSULrma ENGINEERS AND ENVIRONMENTAL SCIENTISTS GENERAL CONDITIONS (CONT'D.) 6. OCCUPATIONAL SAFETY AND HEALTH ACT t The Contractor shall meet all standards of the Occupational Safety and Health Act of 1970 and subsequent revision. This shall include, but not be limited to, the following areas: Sanitation, noise, radiation, gases, vapors, fumes, mists, dust, illumination, ventilation, protective equipment , fire protection, waste disposal, electrical hazards, scaffolds and ladders, floor holes and wall openings, and heavy equipment . All specific require- ments of the Act shall be adhered to. 7. SAFETY PROVISIONS The Contractor shall take every precaution and shall provide such equipment and facilities as are necessary or required for the safety of his employees. In case of an accident, first aid shall be administered to any who may be injured in the progress of the work. In addition, the Contractor shall also be prepared for the removal, to the hospital for treatment , of any employee either seriously in- jured or ill. 8. SANITARY REGULATIONS r A. In addition to compliance with the Occupational Safety and Health Act, the Contractor shall erect and maintain necessary sani- tary conveniences for the use of employees on the work. Such con- veniences shall be properly secluded from observation, and their use shall be strictly enforced. Such sanitary conveniences shall be constructed in compliance with all laws, ordinances or regulations governing these facilities. The contents of the same shall be re- moved, with sufficient frequency to prevent nuisance, and disposed of to the satisfaction of the Engineer. B. The Contractor shall obey and enforce such other sanitary 6 regulations and orders and shall take such precautions against in- t fectious diseases as may be deemed necessary. In case any infectious diseases occur among his employees, he shall arrange for the immediate removal of the patient from the work and his isolation from all per- sons connected with the work. C. The building of shanties or other structures for housing the men, tools, machinery or supplies will be permitted only at approved places, and the sanitary condition of the grounds in and at such shanties or other structures must , at all times, be maintained in a satisfactory manner. GC-3 HOLZMACHER, McLENDON 6 MURRELL. P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTIST! GENERAL CONDITIONS (CONT'D. ) 9. RESPONSIBILITY OF ENGINEER AND CONTRACTOR DURING CONSTRUCTION A. The Engineer is responsible solely for the general and/or detailed inspection of the work being performed. Such inspection will be periodic and strictly to assure conformance of the Contractor with the Plans and Specifications, such that the end product will conform to the Plans and Specifications. B. The Contractor is responsible for complete conformance to the Plans and Specifications, proper construction procedures ; co- ordination with subcontractors, other contractors and utilities, and safe working conditions for his employees. 10. LABOR A. All contractors and subcontractors employed upon the work shall and will be required to conform to the Labor Laws of the State of New York and the various acts amendatory and supplementary there- to; and to all other laws, ordinances and legal requirements applicable thereto. B. All labor shall be performed in the best and most workman- like 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. 11. CONTRACTOR' S REPRESENTATIVE The Contractor, in case of his absence from the work, shall have a competent representative or foreman present, who shall follow with- out delay all instructions of the Engineer or his assistants in the prosecution and completion of the work, in conformity with this Con- tract , and shall have full authority to supply labor and material immediately. The Contractor shall also have a competent representa- tive available to receive telephone messages and provide a reasonable 6 reply as soon as possible, but not later than twenty-four (24) hours. 1 GC-4 HOLZMACHER, MdENDON i MURRELL, P.C. / HZM CORP. GENERAL CONDITIONS (CONT'D J 12. INCOMPETENT EMPLOYEES The Contractor shall employ only competent, skilled and faithful men to do the work. Upon request of the Engineer in writing, the Con- tractor shall suspend or discharge from the work any disobedient, dis- orderly or incompetent person or persons employed thereon, and will not again employ any person so suspended or discharged without the consent of the Engineer. This requirement shall not be made on the basis of any claim for compensation or damages against the Town or any of its officers or agents. 13. CLAIMS OR PROTESTS If the Contractor considers any work required of him to be out- side the requirements of the Contract, or considers any record or ruling of the Engineers or Inspectors as unfair, he shall ask for written instructions or decisions immediately, and then file a writ- ten protest with the Town against the same within five (5) days thereafter, or be considered as having accepted the record or ruling. 14. NOTIFICATION. INTERFERENCE AND INJURY TO UTILITIES A. The Contractor shall cooperate in every way with the Utility Companies. B. The Utility Companies shall be notified in accordance with Section 1918 of the Penal Law of the State of New York, entitled "Construction or Blasting near Pipes Conveying Combustible Gas," and with Article 20, Section 322-a of the New York State General Business Law. 6 C. All conduits, water mains and gas mains encountered in the 1 construction shall be properly and safely taken care of by the Con- tractor, who shall, upon encountering same, notify the public corpora- tion to whom they belong, in order that they may be changed in such a manner as not to interfere with the final construction. D. In case any damage shall result to any service pipe for water or gas, or any private or public sewer or conduit by reason of negli- gence on the part of the Contractor, he shall, without delay and at his own expense, 'repair the same to the satisfaction of the Engineer, and in case such repairs are not made promptly or satisfactorily, the Town may have the repairs made by another Contractor or otherwise, and deduct the cost of same from any monies due or to become due the Con- tractor. GC-5 HOLZMACHER, McMDON&MURREU1, P.C. / H2M CORP. CONBULnNO anin m ANO WVIIIONMWTAL SCIUMM GENERAL CONDITIONS (CONT'D.) 15. INFRINGEMENT OF PATENTS The Contractor further agrees to hold himself responsible for any claims made against the District for any infringement of patents by the use of patented articles in any one phase of construction of the work and the completion of same, or any process connected with the work agreed to be performed under this Contract , or of any materials used upon the said work and to save harmless and indemnify the Town from all costs, expenses and damages which the Town shall be -obliged to pay by reason of any infringement of patents used in the construc- tion and completion of the work. 16. DAMAGES All damage, direct or indirect, of whatever nature resulting from either the performance of, or resulting to the work under, this Con- tract during its progress from whatever cause, shall be borne and sus- tained by the Contractor, and all work shall be solely at his risk until the date of the final certificate. 17. GUARANTEE WARRANTY w This Contractor shall guarantee and warrant his work and that of _ his subcontractors against defects in workmanship and/or material for a period of one (1) year from the date of final certificate by the Engineer except as otherwise specified. Upon written notification from the Engineer, the Contractor shall repair, replace or reconstruct such defects to the satisfaction of the Engineer at no cost to the Town. 18. STANDARDIZATION The DETAILED and General Specifications indicate specific manu- facturers and/or catalog numbers, etc. , for the purpose of standardiza- tion within the Town in order to minimize stockpiling of replacement parts. 19. DEFINITIONS iThe words "or approved equal" as hereinafter used shall refer to the use of an equal product that has received prior approval by the Consulting Engineer for the Town. The word "Engineer" refers to HOLZMACHER, McLENDON & MURRELL, P.C. , Consulting Engineer for the Town of Southold. GC-6 HOLZMACHER. McLENDON &MURR" P.C. / H2M CORP. CONSULTINO ENGINUAS AND ENVIRONMUffAL SCIOMST9 GENERAL CONDITIONS CONT'D. ) 20. CLAIMS ARISING FROM DELAY This Contractor shall not hold the Town, the Engineer or their officers, agents and employees responsible for any liability, claims, losses or damage arising out of the failure to perform, delay, or poor workmanship by another Contractor. Any claim by this Contractor arising out of the failure to perform, delay, or poor workmanship by any other contractor shall be filed against said other contractor which has failed to perform, caused a delay or utilized poor workmanship. GC-7 HOLZMACHER,McLENOON i MURRELL,P.C.I H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS GENERAL SPECIFICATIONS 4 THE ITEMS HEREIN REFERRED TO ARE THE ITEMS OF THE SUFFOLK COUNTY DEPARTMENT OF PUBLIC WORKS SPECIFICA- TIONS ADOPTED NOVEMBER 1 , 1968 AS AMENDED. THESE SPECIFICATIONS SHALL BE INCORPORATED BY REFERENCE AND SHALL APPLY AS IF DETAILED IN FULL, UNLESS HEREIN MODIFIED. GS-1 HOLZMACHER, McLENDON& MURRELL, P.C.1 H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS GENERAL SPECIFICATIONS GENERAL REQUIREMENTS The successful Bidder shall furnish and deliver to the project site asphaltic concrete of an approved quality which shall meet the require- ments shown under its respective item for the kind of material furnished. For any item, the material furnished shall show uniform test . QUANTITIES OF BITUMINOUS MATERIALS The Contractor must furnish to the Engineer a certified copy of the weights of the asphaltic concrete materials as they are delivered. A separate certified ticket from the plant will be required for each individual truck load of material indicating the material type, and amoun measured in TONS. MATERIALS The materials shall be in accordance with the material's details for the respective items in the Suffolk County Department of Public Works ' Specifications, except as modified in the Technical Specifications of this Contract . DELIVERY All materials shall be deliverable upon a minimum advance notice of 48 hours. Deliveries shall be made on week days (Monday thru Friday) between the hours of 7:00 AM and 5:00 PM prevailing time, as ordered. Delivery shall be continuous throughout the daily paving operation at the project site. COORDINATION Materials shall be delivered when and as directed by and to the approval of the Engineer; deliveries shall be carefully coordinated with the work being done by others on the project site. The work under this Contract shall be intimately coordinated with the work of the Contractor which is placing the asphatlic concrete pave- ments at the project site. This Contractor shall deliver the specified materials in accordance with the paving schedule, which shall be furnishe by the Contractor which is placing the materials , no less than 48 ' hours before paving is to commence. GS-2 HOLZMACHER,McLENDON& MURRELL, P.C.I H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS GENERAL SPECIFICATIONS (CONT'D. ) COORDINATION (CONT'D) It is the intent of this Contract to insure a continuous , high quality paving operation , and to minimize lay-over of loaded vehicles at the job site. Asphalt concrete which arrives at the job site ahead of schedule, and cannot be laid prior to cooling below adequate temperature, shall be removed and disposed of at this Contractor's expense. This Contractor shall be solely responsible for damages incurred to himself or others if he is unable to furnish and deliver the specified materials within reasonable conformance with the paving schedule. UNLOADING OF MATERIALS All asphaltic concrete materials will be unloaded directly into the Paving Contractor's paving machine. No materials will be stockpiled, for whatever reason. This Contractor will be responsible for holding the asphalt concrete materialin his delivery vehicles for a reasonable period of time, if the paver becomes temporarily backlogged. This Contractor will maneuver his delivery vehicles as required to deposit the asphalt concrete materials into the Paving Contractor' s self propelled machine, fully facilitating the Paving Contractor's operation. This Contractor shall intimately coordinate his dumping and maneuvering so as to optimize pavement quality and expedite installation. MEASUREMENT AND PAYMENT The unit prices bid shall be full compensation for manufacturing, furnishing, and delivering to the project site the specified asphalt concrete pavement materials, and shall also include materials, labor, equipment, and incidentals necessary to complete the work satisfactorily . APPROVALS Prior to executing agreements with any subcontractors and/or suppliers , the Contractor shall submit the name(s) of the subcontractors and/or material suppliers to the Engineer for written approval . GS-3 HOLZMACHER, MdMDON A MURRELL. P.C. / HZM CORP. CONSULTING ENGIN904 AND ENVIRONMENTAL SCIENTISTS • TECHNICAL SPECIFICATIONS HOLZMACHER,McLENDON A MURRELL,P.C.I H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS ITEM 51-F- 1A TOP 1.0 SCOPE Under this Item, the Contractor shall furnish and deliver type lA top asphalt concrete to New Suffolk Avenue and certain intersecting side streets, generally between Camp Mineola Road and Meadow Lane, as directed by and to the approval of the Engineer. 1.1 MATERIALS The material shall be TOP course asphalt concrete type 1A, meeting all of the requirements for lA top asphalt as specified under"Item 51-F, Asphalt Concrete Type 1A, Two Courses'; of the Suffolk County Department of Public Works' Specifications of November 1, 1968, as Amended. This material shall be the top course of the two-course surface specified as Item 51-F: The plant at which the materials are manufactured, as well as the method of manufacturing, including preparation of aggregates , quality of aggregates , heating, batching, mixing, quality of bituminous material, and adherence to job mix formula, shall be in strict conformance with Part II, Section 8 of the Suffolk County Department of Public Works ' Specifications of November 1, 1968 , as amended. The material shall 8e supplied to the project site at a temperature which is no less than 25 F above the minimum paving temperature as specified in Part II , Section 8 of the Suffolk County Department of Public Works' Specifications of November 1, 1968, as amended. 1.2 METHOD OF MEASUREMENT The quantity to be paid for under this Item shall be the number of tons of material which are delivered in accordance with this specification, the paving schedule as established by the Paving Contractor, and the orders of the Engineer. No payment will be made by the Town for material which is not utilized for pavement construction on this project . The quantity shall be measured using the certified weight of each load supplied to the Paving Contractor on the project . Where only a fraction of a load is placed, the Engineer will determine what fraction of the load was utilized, and adjust the certified weight accordingly. TS-1 HOLZMACHER, McLENDON m MURRELL,P.C.I H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS ITEM 51-F, lA TOP (CONT'D. ) 1.3 BASIS OF PAYMENT lk The unit price per ton for this item shall include the cost of furnishing all labor, materials amd equipment necessary to complete the work including bitumen , aggregate , mixing, transport , and delivery. V' TS-2 HOLZMACHER,McLENDON&MURRELL,P.C.I H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS ITEM 51-F, BINDER 2.0 SCOPE * Under this item the Contractor shall furnish and deliver binder type asphalt concrete to New Suffolk Avenue and certain intersecting side streets, generally between Camp Mineola Road amd Meadow Lane, as directed by and to the approval of the Engineer. 2.1 MATERIALS The material shall be binder course asphalt concrete meeting all of the requirements for asphalt concrete as specified under"Item 51-F, Asphalt Concrete Type 1A, Two Courses" , of the Suffolk County Department of Public Works' Specifications of November 1 , 1968, as amended. This material shall be the bottom course of the two-course surface specified as Item 51-F. The plant at which the materials are manufactured, as well as the method of manufacture, including preparation of aggregates, quality of aggregates, heating, batching, mixing, quality of bituminous material , and adherence to job mix formula, shall be in strict conformance with Part II, Section 8 of the Suffolk County Department of Public Works' Specifications of November 1, 1981, as amended. The material shall b8 supplied to the project site at a temperature which is no less than 25 F above the minimum paving temperature as specified in Part II; Section 8 of the Suffolk County Department of Public Works'Specifications of November 1, 1968, as amended. 2.2 METHOD OF MEASUREMENT The quantity to be paid for under this item shall be the number of tons of material which is delivered in accordance with this specification the paving schedule as established by the Paving Contractor, and the orders of the Engineer. No payment will be made by the Town for material which is not utilized for pavenent construction on this project . The quantity shall be measured using the certified weight of each load supplied to the Paving Contractor on the project . Where only a fraction of the load) s placed, the Engineer will determine what fraction of the load was utilized and adjust the certified weight . accordingly. 2.3 :_BASIS OF PAYMENT The unit price bid per ton for this item shall include the cost of furnishing all labor, materials, and equipment necessary to complete the work, including, bitumen, q.,-gregate, mixing, transport , and delivery. TS-3 HOLZMACHER,McLENDON 8 MURRELL,P.C.I H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS ITEM 51-Y, SHOULDER ASPHALT 3.0 SCOPE Under this Item the Contractor shall furnish and deliver Shoulder Type Asphalt Concrete to New Suffolk Avenue and certain intersecting side streets, generally between Camp Mineola Road and Meadow Lane, as ` directed and to the approval of the Engineer. 3.1 MATERIALS The material shall be shoulder course asphalt concrete meeting all of the requirements for shoulder asphalt as specified under "Item 51-Y- Asphalt Concrete for Shoulders", of the Suffolk County Department of Public Works ' Specifications of November 1, 1968, as amended. The plant at which the materials are manufactured, as well as the method of manufacture, including preparation of aggregates, quality of eggregate, heating, batching, mixing, quality of bituminous material, and adherence to job mix formula, shall be in strict conformance with Part II, Section 8 of the Suffolk County Department of Public Works'Specifications of November 1, 1968, as amended. The material shall �e supplied to the project site at a temperature which is no less than 25 F above the minimum paving temperature as k. specified in Part II., Section 8 of the Suffolk County Department of Public Works' Specifications of November 1, 1968, as amended. 3.2 METHOD OF MEASUREMENT The quantity to be paid for under this item shall be the number of tons of material which are delivered in accordance with this specificatio , the paving schedule as established by the Paving Contractor, and the orders of the Engineer. No payment will be made by the Town for material which is not utilized for pavement construction on this project . The quantity shall be measured using the certified weight of each load supplied to the Paving Contractor on the project . Where only a fraction of a load is placed, the Engineer will determine what fraction of the load was utilized, and adjust the certified weight accordingly. 3.3 BASIS OY PAYMENT The unit price bid per ton for this item shall include the cost of furnishing all labor, materials and equipment necessary to complete the work, including bitumen, aggregate, mixing, transport , and delivery. y TS-4 1 n f 6 p i i D f'fih/z F� y A ix _m � M ME zn 2r y m mZ co z Z I 1-' m; 2 �C D.M O Zm C z r n. m 2= I i N :J.•• ..:t'> •...L.• I• ? ?fl`'Y : ?i:/ i:{ffr-;;:{r:.rv:.i•x:?r v ...':I{{ry'ir:.f'�" % is f• Ilf.•':':�.4' 'f:-%��s:<.... {n'f.•:�t'r-;-:x:r£v.�:..w:::.:t'v:..r � - .?r:-:f,>>• .:rY f'X,?.:. i:�' -;!Y.�+`if f..�::-:•r.•�l!.:{>:.v?i;'�:,... :::f.. ;:.+.r{:-s :..� ;r:¢•':�:;:�st;::L.:. :..:.7;rt•:-.q: ..-_-�4 .L.:n ��r 6i ....r. .;. : .Vii':::.. :• '�_�.::', .>: •��: '''`��i-: .n A O /",'oo �-ov�se as asoho.'f co�c�ef� /�1- Ifcrr�.SiF (fh is contract) m /%2"13.i�c%r cocir.Se as. ?�io/�Cor>cr'ef� /,4-Item 5/F (this contract) f.:fR: •W.' )' 4r � 4'rvY ff '.:p-•.YA,I. ...,p%•v �. : r �t.. :Y..:'vL•:::v.:.:An •.v:> .�..?,r.^r•-•:'.'.•;.•. :..?r i'i:.r-':!. .::'/ .ru.Y.. .-fN.r:' :.� y: r-.n.. ' ..�:• ' .-....:.::.v. l.:i:t: -J lr.•.- •t{..iii:.:r;.. .�?:- .r T::r• .'f-.-:?i.r :..7�C'•;- ! � iti/ •srnri'?.,i:' •:.+�s,:d:;�: i:..:r �;:-.:'y'q��c-j�>;. >,,�, 4 - n..JfeS� ..� •: >: f ..ft+. .J:f - ?/.::<:. .t � ?. •.� :� t: i :F.. If .t �. .. ::........ ... ... 3"flsofx�/tic cor�c�cf�' jo�,shvv/oc�s - c� /Y' (this cont.-act) tip ao 6) ceye o-l' shoulijer,to &e hcL rd comoactcd as reQuired;Item 3�Y(fif;a confi+sc�) TYPICAL ROADWAY SECTION HOLZMACHER. McLENDON 6 MURRELL, P.C. / H2M CORP. CONSUMNO ENGINURS ANO L"RONMENTAI SC1EWIS" LOCATION MAP 9L , r` SOUTHOLD TOWN HALL Z ti :♦ • •sj I�AIh• `yv 4/ �� p�5 �ffOLK i►;, ' AVE •:.,•�. '=�: �✓tt�A ! :, s• PROJECT' t �,a LOCATION LM-1 x, r` d i F "t w , i kk i w :a �q a 7 HOLZMACHER,McLENDON and MURRELL,P.CTM x Consulting Engineers. Environmental Scientists and Planners ' Melville,N.Y. Farmingdale,N.Y. Riverhead.N.Y. 3 b77 TOWN OF SOUTHOLD . Y SUFFOLK COUNTY YORK ORK NEW Y __. CONTRACT AND SPECIFICATIONS 011 FOR PLACING ;3 BINDER, TOP, AND SHOULDER COURSE ASPHALT CONCRETE ON. NEW SUFFOLK AVENUE PROJECT NO. SOHT 81-06-B a TOWN BOARD Supervisor I William R. Pall III Councilmen Henry W. Drum Francis T. Murphy Larry W. Murdock John J. Nickles Justice y Francis T. Doyen SUPT. OF HIGHWAYS TOWN CLERK Raymond C. Dean Judith T. Terry i SEPTEMBER 1981 4 HOLZMACHER,WLEND©N andMURRELL,P.C• IH2j*iConsulting Engineers. Environmental Scientists 'and Pt�tr�srs molvitlt.N.Y. Farmingdale.N.Y. FNverMati,N.Y. HMZMACHER, MCLENDON d MURRELL, P.C. / HZM CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS INDEX TOWN OF SOUTHOLD PLACING BINDER, TOP AND SHOULDER COURSE ASPHALT CONCRETE ON NEW SUFFOLK AVENUE PAGE Index I - 1 page Notice to Bidders NB - 1 page Information for Bidders IB - 12 pages Proposal P-A thru P-D Indemnity, Limitation of Liability ILL - 1 page Contract C - 28 pages General Conditions GC - 7 pages General Specifications GS - 2 pages Technical Specifications TS - 4 pages Typical Roadway Section TRS - 1 page Location Map LM - 1 page M I-1 HOLZMACHER,MaLENOON&MURRELL,P.C.I H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN that SEALED BIDS will be received by the Town Clerk of the Town of Southold at the Town Hall , Main Road, Southold, ` New York, until 10: 00 A.M. prevailing time, on Thursday, Sept. 24, 1981 at which time and place they will be publicly opened and read for the following contract: PLACING BINDER, TOP, AND SHOULDER COURSE ASPHALT CONCRETE ON NEW SUFFOLK AVENUE The above item must conform to the Specifications of the Suffolk Countv Department of Public Works for Item 51-F - Asphalt Type lA (Two- Courses) and Item 51Y - Asphalt Concrete for Shoulders. Specifications may be obtained on or after Sept. 17, 1981 at the Town Hall and offices of the Consulting Engineers, HOLZMACHER, McLENDON & MURRELL, P.C. , 209 West Main Street, Riverhead, New York, 11901, and 125 Baylis Road, Melville, New York, 11747 , upon deposit of twenty-five dollars ($25. 00) for each set furnished. Deposits for Specifications will be refunded to bidders who return Specifications within ten (10) days in good condition; other deposits will either be partially or not refunded if the Specifications have not been returned in good condition within thirty (30) days after bids have been opened. Each Proposal must be accompanied by a certified check or bid bond in the amount of five percent (5%) of the total bid, made payable to William R. Pell, III , Supervisor, Town of Southold, as set forth in the Information to Bidders. The Town reserves the right to reject any or all bids, to waive any informalities and to accept such alternate bid which, in the opinion of the Town Board, will be in the best interests of the Town. BY ORDER OF THE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK JUDITH T. TERRY, TOWN CLERK TOWN OF SOUTHOLD SOUTHOLD, NEW YORK 11971 DATED: SEPTEMEER 8, 1981 NB-1 HOL MACHER,MCLENOQN 6 MURK" P.C. / N2M CORP. CONOULTINO UMMURI AND [M M MMUfTAL WACRTISU INFORMATION FOR BIDDERS BIDS FOR PROJECT The Town of Southold will receive SEALED PROPOSALS for Placinq Binder, Top, and Shoulder Course Asphalt Concrete on New Suffolk Ac'enue. TIME AND PLACE OF BID Bids are to be submitted in opaque envelopes and will be received by the Town of Southold at the Town Hall, Main Road, Southold, New York, not later than 10 :00 A.M.l Prevailing Time, Thursday, Sept. 24 , 1981 at which time and place they will be publicly opened and read aloud. {Tse of the mails shall be at the Bidder ' s own risk, and the Bidder shall be responsible for physical delivery of the Bid at the time and place set for opening of Bids. • BID ENVELOPE All proposals and either the certified check or bid bond must be placed in a sealed envelope bearing the Bidder ' s firm name and address marked, "Project No. SOHT 81-'06-B Proposal for Placinq Binder, Top, and Shoulder Course Asphalt Concrete on New Suffolk Avenue, Town of Southold. Suffolk County, New York" , but otherwise unmarked. If mailed, this envelope shall be placed in another envelope addressed to Town Clerk Judith T. Terry, Town of Southold, Town Hall, Main Road, Southold, New York 11971. Use of the mails is at the Bidder ' s risk. ti IB-1 HU ZMACHER.M¢LENDON d WAR" P.C. / H2M CORP. OMSUL 1110 004/1908 AND LNWADNMOAAL ICIUMST1 INFORMATION FOR BIDDERS (CONT'D. ) SPFCTFTCATTON DEPOSITS + (a) Deposits for specifications will be completely refunded to Bidders who return same in good condition within ten (10) days after r.-ceipt of bids. Bidders will receive one-half of the deposit amount iur specf.ications returned after ten (10) days and before thirty (30) days following the bid date. (b) Deposits for specifications will be completely refunded to non-bidders who return same in good condition within 48 hours of receipt of said specifications. Non-bidders will receive one-half the deposit amount for specifications returned in good condition within ten (10) days following the bid date. No deposit for specifica- tions will be refunded to non-bidders after ten (10) days following the bid date. IB-2 HOLZMACHER,MCLENDON A MURRELL,P.C.I H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS INFORMATION FOR BIDDERS '(CONT'D. ) SPECIFICATIONS Complete sets of specifications for the inspection of prospective bidders will be found on file with the Town Clerk, Town of Southold, Town Hall, Main Road, Southold, New York, and at the office of Holz- ' macher, McLendon & Murrell, P.C. , Consulting Engineers, 209 West Main Street, Riverhead, New York, or 125 Baylis Road, Melville, New York. All contractors must leave their names, phone numbers and correct mailing addresses upon receipt of the specifications. VERBAL ANSWERS The Town, its agents, servants or employees, or the Engineer, will not be responsible in any manner for verbal answers to any in- quiries regarding the meaning of the contract specifications given prior to the awarding of the contract. r EXAMINATION OF SITE Bidders must satisfy themselves by personal examination of the location of the proposed work and of the actual conditions and require- ments of the work, and shall not, at any time after the submission of a proposal, dispute or complain of such estimate or assert there was any misunderstanding in regard to the scope of the work. The Contractor shall inspect the site and existing conditions be- fore submitting his bid. PROPOSAL The Form of Proposal contained herein shall be used in making out bids. Any proposal not in accordance with these instructions, or con- taining bids not asked for, may be rejected. IB-3 HO AVA4ER. MCLENOM i MURAELL. P-C. / H21 GORE: ooawtnno aaMws #Mo @4VIMWMWTAL SCtomm INFO MA'1'ION Volt BIDDERS (t:t)N'I' 'D. ) As the, estimates of jlu;jntities of items stated ill the proposal are al►proximate only, biddt:rs arc required to sul►mit their I►rollosal upon and in the fol lowilig express conditions , which sha11 al►ply ;2nd become a part of every proposal received . liacb bidder shall fill out , in ink , in 'lot " words and fil2ures , in tl►e spaces provided , hi , unit or lump stun bid , as the c,i-c way he , 1'01• each item in said Dorm of Proposal for wl► icli be is tiuhm► itt itig a bid . No bid will be considered which does not include hills for all itemsin tTie�i�roh�isal ,�in �!�� i 1111 qC—co>�ilet ton . —If the contr;tct is not executed by the Town within rorty- five (45) days :tl,ter the receipt of I► ids , the obl ig,it ion of the bidder under this proposal "lily terminate at his opt ion and lie steal 1 tilere- upon lie eat i tied to a re(und of his cert i f ietl check or release of his bid bond furnished by him as security with his proposal . 1)1 I) IIONI) lilt CF12'1'I I ( I:1► t:IIIiCK w Each prupasal i'rom a contractor shall be accompanied by a 1► id bond or certified cbrck on aolufttthb"llktal bid .1 .StSuchoclteew rk shall in the an►outtt of five percent ( S ) be made payable to William R. Pell III , Supervisor, Town of Southold, New York , and the aownttwilI sustaittaby the ll be ftailure ,he tt'neglect e Of �lortlrefusal damages which the r of the bidder to execute and deliver the contract. , should the contract be awarded to him. The checks of all ua►successful bidders will he returned upou the ,o,.lotileoll of checkhofytiledsuccess fill ( ion bidder will 1 lle contract l,et me t by the parties ; al returned upou the execution of the contract and the furnishing of the retlu i red bond . NAME OF 111 DI)I'lZ �w Each bidder most state in bis proposal , his full name and busi- ness address , and the full mime of every person , firm Or corporation interested in tile •etc�r ► oldevetryaddress of carhor:ttionvery intere .stet witl►erson Or tbiii iwUr If president and ,t.c.t Y 111-4 NOWAAMA.Me.MWN i MURKII.P.C. I H2M coati. ="mai Me OMM " rwo WA MMo1TAL OCIUMM FINFORMATION FOR I 1 mi-Al . (CONT'11. ) no other person be so interested , lie must distinctly state that fact , also that his proposal is made without any connection directly or ill- other bidder for the work p,,rticularly mentioned in his proposal ; that it is in all respects without fraud or collusion , and that no person acting for or employed by the Town is directly or indirectly interested therein, or in the supplies of work to which it relates , or in any portion of the prospective profits thereof. QUALIFTCATIONS OF BIDDERS (1 ) The Town reserves the right to waive any informalities in, or reject any and all bids . The 'Town reserves the rigi►t to re- ject any and all bids which do not conform to the Proposals , or upon which the bidders do not comply with the requirements of the Town as to their qualifications . (2) All hidders must prove to the satisfaction of the Town that they are reputable, reliable and responsible , and that they pos- sess the necessary qualifications to successfully deliver the proposed equipment , and that they have performed and completed successfully similar work to an extent which , in the opinion of the Town , will qualify them by experience to perform the work which is proposed. (3) In determining the qualifications of a bidder , the Town will consider his record in the performance of any contracts entered into by him for the work contemplated or of similar nature may make such investigation as it deems necessary to determine the ability of the bidder allosuchperform information andand datathe fordtthis Purpose pas s T0 he Town the 1 may request. (4) The Town shall beliereofsole andjudge reserveslrtl►eurigl tctoireject the bidders and of the merits t any bid if the record of the bidder in the performance of contracts , payment of bills and meeting of obligations to subcontractors , material - men or employees is not satisfactory to the Town ,' or if the evidence submitted by or the investigation of such bidders fails to slrtisfy the Town that he is properly qualified to carry out the obligations of the contract ani to complete the work contemplated therein. GUARANTEE BOND The successful bidder shall be required to furnish at. the execu- tion of the contract an executed bond of a surety company authorized . 113-5 HOLZMACHEA,MklENDON i MNMR" F.C. I HZM C011P. Wha&nNo OWN"""" AND wVIRMIA IAL ouo►rr$" INFORMATION FOR BIDDER (CONT. D) to do bUSilleSS in the State of Now York and approved by tile Tot."' in an amount equal to one hundred percent ( 100'p) 0f the fatal "111011"t of the contract , guaranteeing to the Town the 1•,1ithful perlurn►;ince of the contract , un.l payment of all claims for materials , 1,11)0" and wages in connection therewith . SIGNATIME OF CONTRACTOR The bidder to whom a contract may be awarded shall attend at the office of the Town , with the sureties offered by him, within seven (7) days , Sunday excepted, atter the date 0f notification 1)y mail of the :►ccept:►ncc of his proposal , and there sign the cuntract in quadruple cite for the work and furnish approved security for its Ile"forn►ancc. In case of failure to do so, the bidder shall he cr►nsidered as having abandoned the same , and the check accompanying his proposal shell be forfeited to the Town , or the penalty of the bid hand shall be invoked. CONTRACTOR'S INSURANCE The contractor shall not commence any work ►►ntit he has obtained and had approved by tite 'Town all of the insurance specified and required in the contract . 1VAIV1.R OF I14111NITY Attention of the bidder is hereby directed to the requirements of the General Municipal Law of the State of lJew �York and lV l I)araiver ot cular to Section 103-a of indicated annp�a� `�►g1ofl�t!eLaw contructaing Immunity", as g RESPONSIBILITY FOR BIDDER Attention is hereby particularly directedtonti►blerovisionsfor anylof the contract whereby the contractor will be rcaI r damage that may ohappen to the material or any part thereof during reby the contractor shall make good any its delivery ; and also whe defects or faults due to materials or workmanship within twelve (12) months after its delivery, placement $ and acceptance. 113-6 HOLZMACHM,Md=00N&MURR"P.C. / HN CORM. oaNw�nNo 04ON9014 AND 9XV140HUMIAL W40MM INFORMATION FOR BIDDERS (CONT'D. ) In order to secure the performance of the covenant of the con- tractor, the Town shall retain the Guarantee Bond during the period of one (1) year from the date of the Engineer ' s final certificate. Work is required to be completed to the satisfaction of the Engineer and in :substantial accordance with the specifications hereunto annexed. TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK IH-7 State of New York Bureau of Public Work Department of Labor A State Office Building Campus Albany,N.Y. 12240 CONTRACT REQUIREMENTS Each public work contract to which the State,a public benefit corporation,a municipal corporation or a commission is a party and which may involve the employment of laborers,workmen or mechanics,shall comply with the requirements of Article S of the New York State Labor Law: I. 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 the contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week except in the extraordinary emergencies set forth in the Labor Law or where a dispensation is granted by the Industrial Commissioner. (See Section 220.2) 2. Each laborer, workman or mechanic employed by the contractor or subcontractor shall be paid not less than the prevailing rate of wages at the time the work is performed,and shall be paid or provided not less than the prevailing supplements at the time the work is-performed, as determined by the fiscal officer. If the prevailing rate of wages or the prevailing supplements change after the prevailing rate schedule is issued,each workman,laborer or mechanic shall be paid or provided not less than the new rates. (See Section 220.3) 3. The contractor and every subcontractor shall post in a prominent and accessible place at the work site a statement of the current wage rates and supplements specified by the contract for the various classes of mechanics,workmen or laborers. (See Section 220.3-a) 4. Apprentices must be registered,individually,under a bona fide program registered with the New York State Department of Labor. The allowable ratio of apprentices to journeymen in any craft classifica- tion shall not be greater than the ratio permitted to the contractor as to his work force on any job under the registered program. Any employee who is not registered as above, shall be paid the pre- vailing wage rate for the classification of work he actually performed. The contractor or subcontrac- tor will be required to furnish written evidence of the registration of his program and apprentices as well as of the appropriate ratios and wage rates for the area of construction, prior to using any apprentices on the contract work. (See Section 220.3-e) 5. (a) No contractor, subcontractor, nor any person acting on his behalf,shall by reason of race,creed, color, sex or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates.(See Section 220-e (a) ) (b) No contractor, subcontractor, nor any person acting on his behalf shall,in any manner,discrimi- nate against or intimidate any employee on account of race,creed,color,sex or national origin. (See Section 220-e (b) ) NOTE: The Human Rights Law also prohibits discrimination in employment because of age,disability or marital status. (c) There may be deducted from the amount payable to the contractor under the contract a penalty of five dollars for each calendar day during which such person was discriminated against or intim- idated in violation of the provisions of the contract. (See Section 220-e(c) ) (d) The contract may be cancelled or terminated by the State or municipality,and all moneys due or to become due thereunder may be forfeited, for a second or any subsequent violation of the terms or condition of the anti-discrimination sections of the contract. (See Section 220-e (d) ) (e) These provisions shall be limited to'operations performed within the State of New York. (See Section 220-e(e) ) aw•s(5.80) IB-8 STATE OF NEW YORK DEPARTMENT OF LABOR BUREAU OF PUBLIC WORK STATE OFFICE BUILDING CAMPUS ALBANY, N. V. 12240 Schedule Type-HVY / HWY 33 Date 07/08/81 Refer to: PREVAILING RATE CASE NO. ` T/O Southold PRC 81029011- NAS/SUF O1 to: William H. Spitz, Engineer Location and Type -of Project Holzmacher, McLendon & Murrell Install asphalt concrete 125 Baylis Road pavemont-SORT 81-06, New Melville, NY Suffolk Ave, T/O Southold 11747 Mattituck, NY Suffolk Co. In response to your request, enclosed are schedules of the prevailing hourly wage rates and the prevailing hourly supplements for the above project, together with copies of the Notice of Contract Let (PW-16) for your use. The schedules must be annexed to and form a part of the specifications for this project when it is advertised for bids. These schedules have been prepared and forwarded in accordance with Section 220 of the Labor Law, which provides that it shall be the duty of the fiscal officer to ascertain and determine the schedules of supplements to be provided and wages to be paid to workers, laborers and mechanics employed on public work projects, and to file such schedules with the department having jurisdiction. These wage rates and supplemental benefits are subject to change, and you will be periodically notified of such changes. The wage rates and supplemental benefits to be paid and provided must be those prevailing at the time the work is being performed. Supplemental Benefits Legend used in the "other supplements" column of the Prevailing Rate Schedule: A. Health & Welfare ( includes hospital C. Supp. Unemployment Benefits I. Annuity Fund surgical or medical insurance or D. Scholarship Fund J. Benefit Fund benefits, life insurance or death E. Paid Holidays K. Security Savings benefits, accidental death or dis- F. Education Fund memberment i nsurance). G. Vacation L. Holiday Pay B. Pens 1 on H. Apprentice Training M. Other Very truly yours, Nicholas Valentine, Jr. DIRECTOR WHEN ANY PROJECT IS COMPLETED OR CANCELLED, NOTIFY THE NEAREST DISTRICT OFFICE OF THE s BUREAU OF PUBLIC WORK. ( see addresses below) State Office Bldg. Campus, Albany N. Y. 12240 65 Court St. , Buffalo N. V. 14202 155 Main Street West, Rochester N. Y. 14614 , 44 Hawley St. , Binghamton N. Y. 13901 ^ 175 Fulton Ave— Hempstead N. Y. 11550 333 East Washington St— Syracuse N. V. 13202 207 Genesee St. , Utica N. V. 13501 30 Glenn St— White Plains N. Y. 10603 PW-200 (6-79) IB-9 PREVAILING RATE SCHEDULE L-tate of New York Case Number Bureau of Department of Labor Public Work 8102904 NASSAU AND SUFFOLK COUNTIES Prev- SUPPLEMENTAL BENEFIT PAYMENTS ai 1 i ng OCCUPATIONS wage health basic and pen- suppl . other supplements hourly welfare sion unemp. rate (A) (B) (C) (D) through (M) CORL DRILLER Core Dri l ler 10. 605 1. 00 . 74 G-. 19 Helper 9. 245 1. 00 74 G-. 19 LLFC'lR IC:(AN Llecirician 15. 10 7%+. 3S 5 1/2'/. 25 G&L- 8 1/2V., H-5/8'/., Appr. 1st term 6. 04 7'/.+. 35 5 1/2% 25 G&L- 8 1/2'/., H-5/8%, IRONWORKIAR Ironworker-Structural 12. 95 1. 86 2. 30 G-1. 85, 1-1-. 11, I-2. 15 Appr. 1st term 7. 28 1. 86 2. 30 G-1. 85, H-. 11, I-2. 1S Reinforcing-(Lather ) 13. S'f 1. 325 985 D-. 02, G-. 75, H-. 01, 1-1. 10 Appr. ls-t Term 3. 85 1. 325 985 D-. 02, H-. O1 Ironworker-Ornamental 12. 62 1. 21 1. S5 G-1. 00, H-. 10, I-2. 00 -Cheri n Li nk 12. 62 1. 21 1. 55 G-1. 00, H-. 10, I-2. 00 Fence "Appr. 1st term 7. 57 1. 21 1. 55 G-1. 00, H-. 10, I-2. 00 MASON Ur i ck I ayer 12. 49 1. 33 1. 93 H-. 03, I-2. 05 Appr. 1st term 6. 25 1. 33 1. 93 H- 03, 1- SO Pup rater-Brush 10. 92 1. 0`t 1. 0`t G-. 33, I-. 71 Scaffold/Spray 13. 26 1. 26 1. 26 G-. 't05, I-. 71 Appr. 1st term 6. SS 62 62 G- 20. 1- 25 Nassau Co. (N of L. I. E. to Pt. Wash BI vd. , S. of Sunri se Hwy. E. to Long Beach Rd. ) ------------------------ ------ Pai n-ter-Brush 10. 82 1. 29 2. 30 G-. 70, H-. OS Appr. 1st term 5. 41 1. 29 1. 15 G-. 35, H-. 05 Scaffold/Spray 12. 37 1. 29 2. 30 G-. 70, H-. 05 Nassau Co. Remainder of County ----------------------------- - Pai rater-Steel 1.4. 28 1. 86 2. 00 H-. 07 Power Tool , Spray 15. 28 1. 99 2. 1`t H-. 08 Sandblaster( steel ) 15. 28 1. 99 2. 14 H-. 08 Appr. 1st term 7. 00 91 . 98 H-. 0 3 Sr Nassau Co. -Entire County .............................. Pal n-ter Brush 12. 39 3. 22 1. 00 G-. 50, H-. 21 Stec I /Br i dge 15. 30 3. 22 1. 00 G-. 50, H- . 21 Spray 13. 88 3. 22 1. 00 G-. 50, H-. 21 Appr. 1st term 6. 42 1. 97 1. U0 G-. 25, H-. 21 Suffolk Co. PLUNIPFR F-1 umi;er 13. 65 1. 00 2. 05 G-1. 30, H-. 37, I-. 57 Appr. 1st term 5. 46 . &U 1. 31 G-. 70, H-. 24, I-. 29 Suffolk Co. ------------------------------ P 1 umber 12. 75 1. 10 1. 54 G-1. 10, H-. 25 Appr. 1st term 5. 10 . 44 . 616 G-. 44, H-. 10 Nassau Co. TEAMII TER Truck Driver Excavation 10. 125 1. 6125 2. 8525 1- 40 Euc 1 i d 10. 52S 1. 6125 2. 8525 1- 40 Other 9. 325 1. 6125 2. 50 WELDER Welder To be paid the rate of the mechanic performing the work ti OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY and BUILDING SCHEDULES Print 33 IB-10 PREVAILING RATE SCHEDULE State of New York Case Number Bureau of Department of Labor Public Work 8102904 NASSAU AND SUFFOLK COUNTIES Prev- SUPPLEMENTAL BENEFIT PAYMENTS ailing OCCUPATIONS wage health basic and pen- suppi . other supplements hourly welfare sion vnemp. rate (A) (B) (C) (D) through (M) CARPENTER Carpenter (H/H) 13. 35 1. 85 1. 03 G-. 9S. H-. OS, I-. 75 Helper 11. 15 1. 8S 1. 03 G-. 95, H-. 05. I-. 75 Appr. 1st term 7. 34 1. 85 1. 03 G-. 95, H-. 05, 1- 7S Nassau Co. (South of So. State Pkwy. a West of Seaford Creek) ------------------------------ Carpenter CH/H) 13. 40 1. 50 1. 49 G-. 95, H-. 06 Appr. 1st term 6. 70 1. 50 1. 49 G-. 95, H-. 06 Nassau Co. Remainder of County ------------------------------ CarpenterCH/H) 13. 45 1. 33 1. 71 G-. 90, H-. 06 1. Appr. 1st term 6. 70 1. 33 1. 71 G-. 90, H-. 06 Suffolk Co. ------------------------------ Pi ledriver/Dockbui lder 13. 25 1. 8S 1. 03 G-1. 01, H-. 05, I-. 75 Appr. 1st term 7. 34 1. 85 1. 03 G-1. 01, H-. O5, I-. 75 ------------------------------ Ti mberman 12. 31 1. 85 1. 03 G-. 95, H-. 05, I-. 75 Helper 10. 80 1. 115 1. 03 G-. 95, H-. OS, I-. 75 ELECTRICIAN-HIGHWAY MAINTENANCE Applicable on traffic signals and street IIghting only. Mai nt. ElectrI clan 12. 30 8'/. 4 1/2'/. G & L-6 1/2*/., I-7'/. H-5/13%, J-3% Appr. 1st term 4. 57 8% 4 1/2'/. G B L-6 1/2%, 1-7% • H-5/8'/., J-3'/• LABORER(HVY/HWY) Laborer CH%H) Basic. Concrete, Jackhammer 8. 90 10 % 13 V. G- 75 Pipelayer. Land- Scape, Trackman 8. 90 10 V. 13 V. G-. 75 Power Tool 8. 90 10 % 13 V. G-. 75 Asphalt Raker, Form Setter 9. SD 10 Y. 13 Y. G-. 75 Asphalt Shoveler and Tamper 9. 30 10 Y. 13 V. G-. 75 MASON Cement FI ni sher 12. 60 2. 19 2. 02 H-. 01 Appr. 1st term 6. 30 2. 19 2. 02 H-. 01 SIGN ERECTOR Sign Erector 11. 70 82 1. 11 H-. 02, I-. 43 M-Emp S. S. STRIPER Striping Mach. Oper 9. 90 59 70 G-7% Linerman 10. 40 62 72 G-7% TREE TRIMMING Tree Trimmer 8. 43 . 34 . 2S 1st 6mo S. 51 34 2S Groundman. Driver 1st 6mo 6. 07 34 25 Driver 2nd 6mo 6. 36 . 34 . 2S Driver after 1 yr. 6. 95 34 25 TREE REMOVAL & LANDSCAPING Landscape Laborer a. 90 10% 13'/. G-. 75 Mulching Machine Oper. 11. 99S 9/ of 2. 25 G-1. 00, H-. 15, M-. 10 rate+vac. Stump Chipper Mach. 10. 97 9'/. of 2. 25 G-1. 00, H-. 1S, M-. 10 rate+vac. Truck Driver 9. 32S 1. 6125 2. 50 WELL DRILLER, We I I Dri I I er 10. 55 8'/. 2. 2S G- 40 Helper 8. SS 8% 2. 25 G- 40 n OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY SCHEDULES Pri nt 33 IB-11 PREVAILING RATE SCHEDULE State of New York Case Number Bureau of Department of Labor Public Work 8102904 NASSAU AND SUFFOLK COUNTIES Prev- SUPPLEMENTAL BENEFIT PAYMENTS ailing OCCUPATIONS wage health basic and pen- suppl . other supplements hourly welfare Sion unemp. rate (A) (B) (C) (D) through (M) SURVEY CREW (HIGHWAY 8 HEAVY) Party Chief 12. 16 . 90 . 70 F-. 05. G-. 70. I-1. 50 Instrument Man 10. 21 . 90 . 70 F-. 05. G-. 70. I-1. S0 Rodman/Chat nman 8. 91 . 90 . 70 F-. OS. G-. 70. I-1. 50 Survey Rates apply to those workmen employed on HIGHWAY and HEAVY contracts let on or after July 2. 1979 POWER EQUIPMENT OPERATOR (H/H) Asphalt Spreader 13. 18 9'/. of 2. 25 . 20 H-. 1S, G-1. 00, M-. 10 Backhoe 13. 55 hourly Boring Machine 13. 12 rate + Bulldozer 12. 37 vac. Compressor-Single 11. 995 Compressor-2 or more in battery 12. 60 Concrete Pump 12. 64 Concrete Spreader 13. 18 Concrete Breaker 11. 28 Conveyor 12. 37 Crane 13. 18 Location, Effective Date and Dragline 13. SS Supplemental Benefit Payments Finishing Machine 12. 37 are the same for all Power Equipment Fireman 12. 37 Operators. Generator 12. 29 Grade-All Oper. 13. 55 • Grader 12. 585 Front End Loader 12. 905 Mai nt. Eng. 12. 37 Mul chi ng Machine 11. 99S Oi I er 10. 97 Piledriver 13. 55 Post Driver CGuard Rail ) 13. 12 Power Broom 11. 425 Pump (Under 4") 11. 995 Pump (Over 4") 12. 38 Ridge Cutter 11. 28 Roller - 5T & Under 12. 37 Roller - Over 5 Ton 12. 72 Scraper 12. 37 Shovel 13. 55 Stump Chipper 10. 97 Tractor-Caterpillar or Wheel 10. 755 Track Tamper 10. 97 Trenching Machine 13. 395 OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY SCHEDULES Print 33 IB-12 HOI,ZMA0HM MdAMM i WMPA 1,P.C./ N2M OW PROPOSAL - BIDDER'S DECLARATION TO THE TOWN BOARD of the TOWN OF SOUTHOLD, SUFFOLK COUNTY, STATE OF NEW YORK: BIDDER'S DECLARATION: The undersigned, as Bidder, declares that the only person or persons interested in this Bid or Proposal. as principal or principals is or are named herein and that no other person than herein named has any interest in this Proposal or in the Contract proposed to be taken; that this Bid or Proposal is made without any connection with any other person or persons making a Bid or Proposal for the same purpose; the Bid or Proposal is in all respects without fraud or collusion, that he has examined the site of the work, the Form of Contract and Specifications, and the Drawings therein referred to, and has read the Notice to Bidders, Information for Bidders and General Conditions hereto attached and fully understands all the same; that he proposes and agrees, if this Proposal is accepted, that he will contract with the TOWN BOARD of the TOWN OF SOUTHOLD,. in the Form of Contract accompanying this Bid, to perform all the work required in accordance with the Plans and as mentioned in said Form of Contract, Specifications, Notice to Bidders, Information for Bidders and Gen eral ,Conditions, and he will accept in full payment , therefore, the following sums to wit : ?/7 p-A RT BID BOND R Approved by The American Institute of Architects, A.I.A. Document No. A-310 (Feb. 1970 Edition) humhuruUnce KNOW ALL MEN BY THESE PRESENTS, Lyon & Reboli Inc. , 56 Comsewogue Roo, tea* cat-a">re ,__NY That we — as Principal, hereinafter called the Principal, -- ---- New �omnoany of ark, New Jersey ---- Firemen's Insuraj- gg John Street New York, NY a corporation duly organized under the laws of the State of New Jersey__ , as Surety, hereinafter called the Surety, are held and firmly bound unto Town Of Southolm LI, New York as Obligee, hereinafter called the Obligee, 1 Five Percent o AmounB Dollars --_--- ---"-- in the sum of bind our --------- for the payment of which sum well and truly to be made, the said Princip al and the said Surety, selves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Placing Asphalt Concrete on New Suffolk NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if.the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 24th day of September q D. 81 _ Lyon & Rebo1i Inc. __--. tincipal) ---- -- (Witness) Chief Engineer (Title) Firemen's Insur is Company of Newark, NJ _(Seal) urety) -- — (witness) Robert A. Bauer (Title) Attorney t ,y4 PRINTED IN U.S ,D 43920 ( NO •FARIAL ACKNOWLEDGMr NT ) INDIVIDUAL ACKNOWLEDGMENT ~tote of-- - ------ -- -- - ss.: Coouty of- ---------- ------- On this---------- -- -------- __- day of in the year 19 before me personally came ---- --- --- --.--- __-_---_..._-.-- to me known and known to me to be the person described in and who executed the foregoing instrument, and acknowledged to me that he executed the same. PARTNERSHIP ACKNOWLEDGMENT ~tate of -- - — ------- ss.: County of--_- in the year 19-- On 9 On this-- --------day of - ----- --- -. ---- _-- - a member of the before me personally came ___ -__-------- ---- --- -- "- - npartnership o(__- ----- - ----- -- ---- to me known and known to me to lie the person described in and who executed the foregoing instrument, and acknowledged to me that he ex- rcuted the same as and for the act and deed of the said copartnership. CORPORATE ACKNOWLEDGMENT (:aunt) of .S'dJ/�/-O��l' -- On this -- ---day of-- -`"l�T---------- ._ . ._-, in the year 19�- 7r Z- __._.--�- - l•efore me personally came to me known, who, being by me duly sworn, did depose and say that lie resides in _ ,� 'd• ✓�f�t�t�f��/ - IVr coat he is the iyilrl�____Ae040AM".l' _. �sr -`` "f the -__--- Vo AND RF�ntt �the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of the .,cid , orporation; that the seal affixed to the said inshument is such corfivate seal; and that it was so affixed h% order of the hoard of Directors of the -,aid corporation, and that he signed his name thereto by like order. PHOEBE SPALDING --- Notary Public, State of New York No. 62-4613626, Suffolk County Term Expires March 30, 19 21 Printed In U.S.A. Pond H3A =' em�rl'�, Js�suxc�ncornr , �n_t o? �'vZ�try � � y •IIO Maider-1 1_alie, New York,.Nevj York 10033 GEq�Ef�AL POWER OF ATTORNEY I�no%vaall nice by'these PresentS'th a' p-ash;fs Groes Inst e V4AN titEil COM apY O NEWAFW. NE4V ma:IC. conslitute.-f and IPPOinic:;. , e Stepll�a t ;'. und or }-.obert A. 7?auer, )path o* New York, New York ,IS !rt,c !:)'I lar:ful attorney for.it and in its n3rrn'. , and stead tj execute on behalf of the said Company, as surety,bonds. uncle:talci;u;, and contracts of suretyship to bo all abli. ees i)rvvi,rec, treat no bond or undertaking or contract of suretysh,p executed under this authority shall exceed in amount the sum t`f • One Trillion ($1,000,000. ) Dollars. autho hi:; I-;)'odr of Attorney is granted and Is of F114-10EWS 1I`:,;(IRANCCICOMPANY OF NEWARK.NEW JERSEY at a ity of the following n eet- lution (u',�.i'�-d by the Board of l)ircctor,,of Ihc. ing duly; llyd and held on the 20th day of February. 1975. V :O. Ilial the Chairman of the Board.thv:' a Chaivman of the[bard•fhe President.an Executive Vice President or a Senior Vice Pres- ident Pr (i[ the COrnpany, be. and III;,, C;+cn ur any of lht,m htn•q y 13..l+ilrlUrizet)tD execute f'ow@rs of/attorney ou0lityin,,the attor- 11-.y n.,,, c +n IhC q+vr.n.Pb.ver of Attorney to ere cufr. in (.nl+i;l nt (IFiEt•1ENnCfet UfLAt'CL=.CCstant Sec eta NEWARK.Y OF bef and that a each any Of thom heee- t�Min,<,:nd j':conlracc;of suretyship;and that an hssisfan;V+r.0 President.a Y 1)y,s ;lut!:.>n:err to attest the exeCULun it .fly such['ower of Atlurncy.and to attach the rr::o lt;u seal cl the Company. E; o SOLVED.that til::v•)niuuc;of::u�r,nff+�ers and the a:•:+i u!:Ih(:Crinlll•r,;may be afhre!d 10 any such Power of Al:orney or to any r.:relatinr thereto by tacs�^pit,:.a::d any su(_h P.,..er ut Atrorr.oy or �erh}+cate Leming ;uch la:�+rn,le sf,yl�!uofs or ty s ip t s hi Shill a ach- a.-Id " + J aid !,;;„�.:,.; upon the ComNany,vl:Cn �� altlx,:d and in ;hC lof Alt•r,ith r,aPc:; to any bund,undCrtak+ng or Con:reel of 5urctyship to which it Is atlae Cel,* Ill 1`ri!f,css 11'/hereof, the FlFicfv�EN'S INS�R„�JCF COMPANY OF NE�'J/�ftK, NE1r”/JERSEY has caused its ofticiaf seal to be hc!fcunlo affixed and these presents to I>rJ signed by one c! its Vice Presidents and attested by one of its Asislant Vice Presid:rets this 3q] day of January. 19 INSURANCE_ COMPANY OF fJEV✓ARK. NEW JERSEY � M L ford. V,Ce-Prc f,daM / T H Slephens,As!oStanl Vice PrerAcnt . . ;TA OF NEW YORK. ,. (,OU •!T`( ()F 1-14r:v11 YORK, On thi:, 3rd day of January, 1979. before me personally cariw M.L. Feud, to me known, who being by me duty sworn. did crcUt�s•r and say filet hi resides in Strtnrnit, in Elle County of Fssex, State of New Jersey. at 768 Springfield Avenue; that he is a `sic',.-F'rc-sldectr f t e FIRovoENAIG umc'nt�lhatr\hc t nCOMPAN"I' OF the NEWARK, corpo`ation;Shat the seal affixed to theEY. the corporation i said in n,! ..hI h In$tfUr:1(..':1i L'; sUCh Corporate ser:I; that it r✓:�5 xCd by Uri1Cr Ot the SGZIrd of Directors of said corporation and that he ;;igne;! firs nwne thereto by litre order. W•1.111•.r,- /1z L-"•L.•/�� ETHEL 1ARM410 t.0rAff'f f'U8'JC Suint Of Nin TOlk flo Ouel !n Ynl,;Courty CERTIFICATE C,mr,,l,sc:•^•Clpfesf.t?ICn30 t9i2 I. !;;:� under signed. an As:;istant Secretary of the FI!;ErviF N S INSURANCE COMPANY OF NES^J�"1R1<. NEW JERSEY, ,1[�•::ay corp('ration, DO HLRFF3Y CER1lFY Inas the foregoing and attached Poi^ren of Attorney rcrnains in tett force an;! tl-, , I,()! twen fevoked. and furtherrnorp, that tflc: Resolution of the E3oard of Directors. set forth in the said Power of At- t�rncly. n0v'/ in force 24th September _ 1981 . 198]- . ;,rent:,r ;ind sealed Pt the City of Ney✓ York Dated the day of ' •• I,nu•c rl ICr.In, ASSICI?�I CrCr Clary . N w (-INANUAL 5IAIMr-IMIh Firemen s InsuranceCompcmy of Newark, New Jersey AS OF DEUMBER 31, 197.9 ASSETS LIAE3IUTIES,_CAPITAL&SURPLUS $ 2,373,473 Reserve for Uneamed Premiums... ... $ 222,430,616 Cash . . . . •• ••.•. . .'' ' .'' '.'' Reserve for Losses. ... .......... . . . 460,821,111 Bonds at id Stocks... . .. . .. . . . .. 1,013.38G,4G7 ... .... .. 60,185,572 Reserve for Loss Expenses.. Interest, Dividends& Reserve for Taxes&Expenses... . .... 20,575,509 Rents Accrued. . . . . ... . . .. . .. . . ... 11,836.521 Agents Balances Receivable.. . .. ..... 59,060,759• Reserve for Other Liabilities..... . .. . .. 26,984,548 25,114,000 Total Liabilities... .. ............ .. $ 790,997,356 Real Estate. ........... ..... ........ 9 15,000,000 Other Assets .. .... .. .. . .. .. . .. . .... 9,898.162 Capital 315,672,026 Surplus .. . . . .... ................... Policyholder Surplus. ............. 330,672,026 Totat Admitted Assets........... ..... 5 1, 621 1 69.382_ Total Liabilities, Capital&Surplus. $ 1,121,669,382 STATE OF NEW YORK COUNTY OF NEW YORK SS' CITY OF NEW YORK F.M. Colalucci, being duly sworn says: That he re.;ides in Glen Head, New York and that he is Secretary d FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, that said Company is a Corporation duly organized.existing,and engaged in business as a Surety by virtue of the Laws of the State of New Jersey and has applicable compiled o � P y' requirements of the Laws of said State and the Law!;of the State of New York and is duly qualified to act as Surety under such laws;that said Company has also complied with and is duly qualified to act as Surety under the Act of Congress approved July 30, 1947, G U.S.C. secs. 6-13 to qualify as sole surety on tecognaances, stipulations. Bonds and undertakings permitted or required by the laws of the United States, to be given with one or more sun;ties;and that the foregoing is a full,true and correct statement of the financial condition of said Company on the 31st day of December 1979 to the best of his knowledge and belief. Sworn to before me this 3rd .! day March 1980 � •.punR uJr CERTIFICATE _-.__ ETHEL TARANTO Secretary NOTARY PUBLIC.State of New York No 244663117 Qual.in Kings County Commission Expires March 30.1962 SURETY ACKNOWLEDGMENT State of County of __�_�Qns---------- ss.: City of _ N.g _ ------ day of , in the year 19 _ 1. On this before me per-sonalty came _----- ~—A- Bauer - - to me known,who,being by me duly swum, did depose and say that lie resides in _; that he is the Attorney of Firemen's Insurance Company of Newark, New Jersey, tfte corporation described in and which executed the attached instrument;that he knows the corporate seal of the said corporation;that the seal affixed to the said instrument is such corporate seal;and that it vats so affixed by order of the'Board of Directors of the said corporation, and that he signed his name thereto by like order. ----- - Notary Public KAREN QROHL Notary Public, State of New Yofk No. 41-4660961 Qualified in Queens Go" Commission Expires March 30, 19104.1.1 PmM n W.A. Mx40 M4 HOLZMACHER,WLENDON i MURRELL,P.C.I HZM CORP. WNSULTMIG EN01NE'EAS AND awm4NMEwAL$CIEN nsu PROPOSAL (CONT'D) PLACING BINDER, TOP, AND NEW SUFFOLK AVENUE SHOULDER COURSE ASPHALT CONCRETE TOWN OF SOUTHOLD PROJECT NO. SOHT-81-06-B SUFFOLK COUNTY, NEW YORK BID DATE: SEPT. 24, 1931 E 10:00 A.M. ITEM 51F Place and Construct a Two-Course Asphalt Concrete Pavement, Type lA Top and Binder Approximately 800 Tons Price per Ton. Dollars TOTAL. . . . . . . . . . . . . . . ($ /�iI►® ) Dollars ITEM 51Y Place and Construct Asphalt Concrete Shoulder Pavement Approximately 500 Tons Price per Ton7 �✓. �(/O 6A/71' Dollars TOTAL. . . . . . . . Doll. ars NOTE: IT IS HEREBY BROUGHT TO THE BIDDER'S ATTENTION THAT BIDS FOR THIS CONTRACT ARE BEING RECEIVED BY THE TOWN OF SOUTHOLD CONCURRENTLY WITH BIDS FOR CONTRACT NO. 'SOHT-81-06-A, "FURNISH AND DELIVER BINDER, TOP, AND SHOULDER ASPHALT CONCRETE TO NEW SUFFOLK AVENUE. " THE BIDDER IS OFFERED THE OPPORTUNITY TO COMPLETE AN ALTERNATE BID FOR THIS CONTRACT (NO. SOHT-81-06-B) WHICH WILL APPLY ONLY IF IT I THE SUCCESSFUL BIDDER ON CONTRACT NO. SORT-81-06-A. T DDER, BY COMPLETING AND SUBMITTING THIS ALTERNATE BID, UNDERSTANDS AND AGREES- THAT THIS ALTERNATE BID WILL BE CONSIDERED AS ITS PROPOSAL FOR WORK UNDER THIS CONTRACT IF AND*ONLY IF ITIS THE SUCCESSFUL BIDDER ON CONTRACT NO. SOHT-81-06-A AND AWARDED BOTH CONTRACTS. PB-1 HOLZMACHER,MCLENDON i MURRELL,P.C.l H2M CORP. CONSULTING ENGINEERS AND ENVIRONNE:NTA4 SCIENTISTS PROPOSAL (CONT-D) PLACING BINDER, TOP AND NEW SUFFOLK AVENUE SHOULDER COURSE ASPHALT CONCRETE TOWN OF SOUTHOLD PROJECT NO. SOHT-81-06-B SUFFOLK COUNTY, NEW YORK BID DATE: SEPT. 24, 1981 10:00 A.N. AN Alternate Item A-51F (Applies only to Successful Bidder for Contract No. SOHT-81-06-A) Place and Construct a Two-Course Asphalt Concrete Pavement , Type 1A Top and Binder Approximately 800 Tons ` rr Price per Ton. � .�. "� Dollars TOTAL. . . . . . . . . . . . . . . .D61lats. . ($ Alternate Item A-51Y (Applies only to Successful Bidder for Contract No. SOHT-81-06-A) Place and Construct Asphalt Concrete Shoulder Pavement Approximately 500 Tons` e, Price per Ton.114J? • ($�•�� ) Dollars TOTAL. . . . . . . . . . . . ($ IZSO.OQ) Dollars PB-2 HOLZMACHER,McLENDON&MURRELL,P.C.!H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS PROPOSAL CONT'D PLACING BINDER, TOP, AND NEW SUFFOLK AVENUE SHOULDER CONCRETE ASPHALT CONCRETE TOWN OF SOUTHOLD PROJECT NO. SOHT-81-06-B SUFFOLK COUNTY, NEW YORK BID DATE: SEPT. 24, 1981 10:00 A.M. TOTAL BID (SUM OF ITEM 51F AND ITEM 51Y) TOTAL. IGO -44I!7S ($ /Q 604.1043 Dollars *ALTERNATE TOTAL BID (SUM OF ALTERNATE ITEM A-51F AND ALTERNATE ITEM A-51Y) TOTAL. TNS T/'V4UlA90 Awe 4 AA*Or/ J"'. �/�/Q ,L.i6i�/�, ($ .?j 1cro"000Dollars COMPLETION DATE SHALL BE 30 CALENDAR DAYS AFTER SIGNING THE CONTRACT LIQUIDATED DAMAGES SHALL BE $50.00 PER DAY BIDDER'S NAME: MR mv R30A *C LYON AND REB00, INC, BIDDER' S ADDRESS: 56 COMSEWOGUEROAD E. SETAUKET, N.Y. 11733 SIGNED BY: Jem,y -,t &Z#VdAW,,L TITLE Randall Woodard, P.E. Chief Engineer DATE: ?--.z'/- R/ *Applies only if Bidder is the Successful Bidder on Contract No. SOHT-81-06-A and Awarded Both Contracts r PB-3 HOi iEA.MdEMM a WAVALL F.C. / MIM 000. COM sm"em onwan Am woo ria ICHN" 'A ` PROPOSAL - (CONT'D.) Enclose certified check or bid bond for five percent (5x) of the total bid, as stipulated in the foregoing Information for Bidders. ~ The Bidder hereby agrees to enter into a contract within 'seven (7) days after due notice from the Town of Southold that the contract has been awarded to him and is ready for signature, such notice to be given in writing within forty-five (45) days of the date o opening of the bids, and on the signing of such contract by him to furnish the indemnifying bonds as provided in the Contract. And, the Bidder hereby further agrees that in the event of his failure or refusal, to enter into a contract in accordance with this bid within seven (7) days after due notice from the said Town Board as given in accordance with the Information for Bidders, and/or his failure to execute and deliver the bond for the full amount of the contract price as provided in said Information for Bidders, that the bidder's check which is herewith deposited with the Town shall, • at the option of said Town,. become due and payable an ascertained and liquidated damages for such default, otherwise the said check shall be returned to the undersigned. The full name and .residences of all persons and parties interested in the foregoing bid as principals are as follows: NAME ADDRESS J. /Lvd OV ,..� #07m ode ' j aj tiX P� c� Ca w,�,Q.,� h�•i�,toe� �,,� ar. �l ' wy EM WND RMOU, WQ NAME OF BIDDER: -- - VON AND REZOLI, INC. BUSINESS ADDRESS OF BIDDER: 3¢ COMSEWOQUE ROAD -E. SETAUKETO N.Y, 11733 DATED AT: Ire• J'0r*u18er-- My TIM&Y_DAY OF JAf gT'• P--C aW&MIN" Q Me WWWONMOM !GIMa» PROPOSAL - (CONT'D. ) NON-COLLUSIVE BIDDING CERTIFICATE By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief; 1. The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition as to any matter relating to such prices with' any other bidder or with any competitor; and 2. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor; and 3. No attempt has been made or .will be made by the bidder to ,. induce any other person, partnership or corporation to submit or not • to submit a bid for the purpose of restricting competition. Dated: 'y" .RWU, INC. Randall Woodard,.P.E. Chief Engineer This bidder cannot make the foregoing certification and a statement signed by the bidder is attached setting forth in detail the reasons therefor: P-D HOLiMACHER, MCMDON a MURR" P.C. / N2M CORP. G MSULTINO sH1010199Rs AND RNVIIWMMWTAL sClamsn INDEMNITY, LIMITATION OF LIABILITY 1 . INDEMNITY The Contractor and all sub-contractors performing work in connection with this contract shall HOLD - HARMLESS, INDEMNIFY and defend the OWNER and ENGINEER, their consultants, and each of their officers, agents and employees from any liability, claims, losses or damage including reason- able costs of defense arising out of or alleged to arise frdm the Con- tractor's or sub-contractor's negligence in the performance of the work described in the Contract documents, but not including liability that may be due to the sole negligence of the OWNER, ENGINEER or their officers, agents and employees. 2. LIMITATION OF LIABILITY The Contractor and all sub-contractors agree to limit the liability of the OWNER and ENGINEER due to the Engineer's professional negligent errors or omissions such that the total aggregate liability of the engineer to those named shall not exceed fifty thousand ($50,000. ) dollars, or 5% of the contract award amount, whichever is greater. 10/80 ILL 1 of 1 HOIZMACHER,MCIFNDON A MURRELL. P.C. i HZM CORP. CON:UL"mC ENOINUAS ANO ENVIM MMENTAL SCIENTIM CONTRACT CONTRACT IN QUADRUPLICATE FOR PLACING BINDER, TOP ANn SHOULDER ` COURSE ASPHALT CONCRETE ON NEW SUFFOLK AVENUE AT TOWN OF SOUTHOLD, SUFFOLK COUNTY , NEW YORK , dated 19 , BY AND BETWEEN THE 'TOWN BOARD OF THE TOWN OF SOUTHOLD . SUFFOLK COUNTY , NEW YORK , (herein ca1led the "Town, " and (herein called the "Contractor" ) . WITNESSETH , that the Town and the Contractor, in consideration of the premises and of the mutual covenants, considerations and agreements herein contained , agree as follows: This Contract is hereby awarded to the Contractor for the work and material called for under his bid in the Proposal section of the Contract and designated as Items: and if required by the Consulting Engineer, Items: for the sum of: Dollars for the unit and/or lump-sum price(s) as listed in the Proposal herein. C-1 HOLZMACHER, MCLENDON 6 MURRELL. P.C. I H2M CORP! CMSULn"a VOIN"" AND ENVIQONMCWAL MOMS" CONTRACT - CONT'D. 1. CONTRACT DOCUMENTS AND DEFINITIONS r The Notice to Bidders, Information for Bidders, Proposal , General Conditions, Contract , Specifications and Plans, together with any Addenda , shall form part of this Contract , and the pro- visions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. The titles, headings, head- lines and marginal notes contained herein are solely to facilitate reference to various provisions of the Contract Documents and in no way affect , limit oi• cast light upon the interpretation of the provisions to which they refer. Whenever the term "Contract Docu- ments" is used, it shall mean and include this Contract , the Plans, Specifications, any Addenda , and the Notice to Bidders, Information for Siddersl General Conditions and Proposal . In cave of any con- flict or inconsistency between the provisions of the Contract and those of the Specifications, the provisions of the Contract shall govern. WORK: The ' term "Work" , as used herein, refers to all of the work proposed to be accomplished at the. site of the project and all such other work as is in any manner required to accomplish the completed project , and includes all plant , labor, materials, supplies, equipment and other facilities and acts necessary or proper for or incidental to the carrying out and completion of the terms of this Contract . The term "work performed" shall be construed to include material delivered to and suitably stored at the site of the project. EXTRA WORK: The term "Extra Work" , as used herein, refers to and includes all work required by the Town which, in the judgment of the Engineer, involves changes in or additions to work required by the Plans, Specifications and any Addenda in their present form. SUBCONTRACTOR: The term "Subcontractor" , as used herein, shall mean any person, firm or corporation applying labor and material for work at the site of the project , but not including the parties to this Contract. ENGINEER: In the performance of the work, the Town shall be represented by its Consulting Engineer HOLZMACHER, McLENDON & MURRELL$ P.C. , (herein called the "Engineer") . SUPPLY CONTRACTOR: The terms, "Supplier" , or "Supply Contractor" , as used herein, shall mean any person, firm or corporation involved in the manufacture, transport, and delivery of the asphalt concrete materials to be placed under this Contract. C-2 HOLZMACHER, MtLENDON 6 MURRELL. P.C. I NZM CORP. CONSULMO M811JUM AND ENVIMMMENTAL OCIE1MS" CONTRACT - CONT'D. NOTICE - The term "Notice" , as used herein , shall mean and _ include written notice. Written notice shall be deemed to have been duly served when delivered to, or at the last known business address of , the person, firm or corporation for whom intended or ' to his, their, or its duly authorized agents, representatives or officers, or when enclosed in a postage prepaid wrapper or enve- lope addressed to such person, firm or corporation at his , their, or its last known business address and deposited in a United States Mail Box. DIRECTED„_R11U 14 RED„ APPROVED, ACCEPTABLE - Whenever they refer to the work, or its performance, "directed" , "required" , "permitted" , "ordered", "designated" , ,presc•ribcd" , and wovtls of like import shall imply they direction , requirement , perniissic>n , order, designa- tion or prescription of the Engineer, and "approved", "satisfied" , or "satisfactory" , "in the judgment of" , and words of like import, shall mean approved or acceptable to, or satisfactory to, in the judgment of the Engineer. 2. SCOPE OF THE WORK The Contractor will furnish all plant , Labor , material , supplies, equipment and other facilities and things necessary or proper for or incidental to, the work contemplated by this Contract as required by, and in strict accordance with, the applicable Plans, Specifications and Addenda prepared by the Engineer and/or required by and in strict accordance with, such changes as are ordered and approved pursuant to this Contract, and will perform all other obligations imposed on him by the Contract . 3. COMPENSATION TO BE PAID TO THE CONTRACTOR (a) Agreed Prices : It is understood and agreed that the Con- tractor will accept as payment in full the summation of products, of the actual quantities in place upon the completion of the work, as determined by the Engineer 's measurements by the unit prices bid, no allowance being made for anticipated profit or for reason of variations from the estimated quantities set forth in the Proposal. (b) Extra Work and/or Changes: The Town may, at any time, by a written order, and without notice to the sureties, require the performance of such extra work or changes in the work as it may find necessary or desirable. The amount of 'compensation to be paid to the Contractor for any extra work, as so ordered, shall be determined as follows : C-3 HOLZ MACHER. MCU09M i MURK" RC. / HZM CORP. coNwLTIma ownups Mo ENVISMU AL SCIUMM CONTRACT - CONT'D. (1) By such applicable unit prices, if any, as set forth in the contract, or (2) If no such unit prices are set forth , then by unit prices or by a lump sum mutually agreed upon by the Town and the Con- tractor, or (3) If no such unit prices are set forth, and if the parties cannot agree upon unit prices or a lump sum, then by actual net cost in money to the Contractor of the materials, permits, wages, or applied labor, premiums for Workmen's Compensation Insurance, payroll taxes required by law, rental for plant and equipment used (excluding small tools) to which total cost will be added twenty percent (20%) as full compensation for all other items of profit , costs and expenses, including administration, overhead, superintendence, insurance, insurance other than Workmen 's Compen- sation Insurance, material used in temporary structures, . allowances made by the Contractor to subcontractors, additional premiums upon the Performance Bond of the Contractor and the use of small tools. 4 . TIME OF ESSENCE Inasmuch as the provisions of this Contract relating to the time for performance and completion of the work are for the purpose of enabling the Town to proceed with the construction of a public improvement, in accordance with a predetermined program, such pro- visions are of the essence of this Contract. 5. COMMENCEMENT OF WORK The Contractor agrees that he will commence work within ten (10) consecutive calendar days after signing this Contract , and that the day he commences work shall constitute the first of the consecutive calendar days allowed for completion of the work. C-4 HOLMACHER, MCLENOON MURR" P.C. 1 HZM Cllr. COMWIn"@ 6Mo1Ngals AND 9MVIMMA AL SCIUMM CONTRACT - CONT'D. 6. TIME FOR COMPLETION The time for completion of this Contract shall be within the number of calendar days stated in the Bid Proposal and the date of such completion shall be the date of the certificate of com- pletion hereinafter specified. The Town reserves the right to order the Contractor to suspend operations when, in the opinion of the Engineers impro- per weather conditions make such action advisable, and to order the Contractor to resume operations when weather and ground con- ditions permit. The days during which such suspension of work is in force are not chargeable against the specified completion time. 7. LIQUIDATED DAMAGES FOR DELAY The time limit being essential to and of the essence of this Contract, the Contractor hereby agrees that the Town 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 fifty dollars ($50.00) 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 Town 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, provided, however, that the Town 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 with- out his fault, or negligence, including but not restricted to Acts of God or of any public enemy, acts or neglect of the Town , acts or neglect of any other Contractor, fires, floods, epidemics, quarantine restrictions, strikes, riots, civil commotion 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 Town. No such extension of time shall be considered a waiver by the Town 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 obliga- tions hereunder. C-5 HOLZMACHER, MtLENDON i MURR" P.C. I HZM CORP. CONSULnHO M01HU" AND ENVIMMMONTAL 90UMS" CON'T'RACT - CUNT"D. 9. CONTRACT SECURITY (a) The Contractor shall furnish a Performance Bond in an amount equal to one hundred percent ( 100` ) of the total contract price as security for the faithful performance of this contract , and for the payment of all persons performing labor or furnishing mater- ials in connection with this Contract . (b) Additional or Substitute Bond : if , at any time , the Town shall be or become dissatisfied with any surety or sureties , then upon the Performance Bond, or if , for any other reason , such bond shall cease to be adequate security to the Town , the Contractor shall , within five (5) days after notice from the Town , substitute an acceptable bond in such .form and sum, and signed by such other surety as may be satisfactory to tile. Town . The premiums on :such bonds shall be paid by the Contractor. No further payments shall be deemed due , nor shall be made until the new surety shall have been qualified. (c) Prior to release of the Performance Bond , the Contractor shall deliver ' to the Town a Maintenance Bond equal to one hundred percent (100%) of the total Contract price , including all extras. This Maintenance Bond shall remain in full force and effect for a • period of one (1 ) year after the date of the final certificate and such bond, which shall be executed by the Contractor and issued by a reliable, solvent surety company authorized to do business inthe State of New York shall guarantee to the Town that the Contractor shall promptly remedy any defects or faults that may occur within twelve (12) months after completion and acceptance of the work performed by the Contractor pursuant to this Contract . 10. CONTRACTOR 'S INSURANCE The Contractor shall not commence any work until he has obtained and had approved by the Town all of the insurance required under this Contract , as enumerated herein : Compensation Insurance Public Liability and Property Damage Insurance Contractor's Protective Liability and Property Damage Insurance Owner' s (Town of Southold) and Engineer's Pro- tective Public Liability and Property Damage Insurance . . Automobile Public Liability and Property Damage Insurance C-b HOLZMACHER, McMDON i MURR" P.C. MSM C00- CONSWINO adal" " AND INVISOMMORAL 11C1ENTIM CONTRACT - CONV D. The Contractor shall not permit any subcontractor to commence any operation on the site until satisfactory proof of carriage of the above required insurance has been posted with, and approved by, the Town. (a) Compensation Insurance: The Contractor shall take out and maintain, during the life of this Contract , Workmen's Compensation Insurance for all of his employees employed at the site of file pro- ject , and in any case of any of the work being sublet, the Contractor shall require the subcontractor similarly to provide Workmen's Com- peu5ation Insurance for all of the latter's employees, unless such employees are covered by the protection affordad by the Contractor. (b) Public Liability and Property Damage Insurance: The Con- tractor shall take out and maintain during the life of this Contract such Public Liability and Property Damage Insurance as shall pro- tect him and any subcontractor performing work covered by this Contract for claims for damages for personal injury, including accidental death, as well as from claims for property damage which may arise from operations under this Contract , whether such opera- tions be by himself or by any subcontractor, or by anyone directly or indirectly employed by either of them, and the amounts of such insurance shall be as follows: Public Liability Insurance in the amount not less than Five Hundred Thousand Dollars ($500,000. ) for bodily injuries, including wrongful death to any one person, and subject to the same limit for each person in an amount not less than One Million Dollars ($1,000,000. ) on account of one accident . Property Damage Insurance in an amount not less than One Hundred Thousand Dollars ($500,000. ) for damages on account of any one accident and in an amount of not less than Two Hundred Thousand Dollars ($1 ,000,000 . ) for damages on account of all accidents . (c) Liability and Property Damage Insurance: The above policies for public liability and property damage insurance must be so written as to include Contractor's Protective Liability and Property Damage Insurance to protect the Contractor against claims arising from the operations of any subcontractor. C-7 HOLLMACHER. IMcLENDON d MURRELL. P.C. / H2M coat. CONAULTINO INGINEEN& AND ENVIRONMENTAL ECIENTIi'1'E CONTRACT - CONT'D. (d) Owner's and/or Engineers Protective Public Liability and Property Damage Insurance: (Town and/or Town Board, Town of Southold and/or Holzmacher, McLendon & Murrell, P.C. ) The Con- tractor shall furnish to the Town with respect to the operations he or any of his subcontractors perform, a regular Protective Public Liability Insurance Policy for and in behalf of the Town and/or Town Board, Town of Southold and/or llolzmacher, McLendon & Murrell, P.C. , providing for a limit of not less than $500,000. for all damages arising out of bodily injuries to, or death bf one person and slbject to that limit for each person, a total limit of $1,000,000. for all damages arising out of bodily inju- ries to, or death of, two or more persons in any one accident ; and regular Protective Property Damage Insurance. providing for a limit of not less than $500,000. for all damages arising out of injury to, or destruction of, property in any one accident and subject to that limit per accident a total (or aggregate) limit of $1 , 000,000 . for all damages arising out of injury to, or des- truction of property during the policy period. The insurance must fully cover the legal liability of the Town and/or Town Board, Town of Southold as owner and/or Holzmacher , McLendon & Murrell, P.C. The coverage provided under this policy must not be affected if • the Town and/or Engineer performs work in connection with the project ' either for, or in cooperation with, the Contractor or as an aid there- to, whether the same be a part of the Contract or separate there- from, by means of its own employees or agents, or if the Town and/or Engineer directs or supervises the work to be performed by the Contractor. (e) Automobile Public Liability and Property Damage Insurance: The Contractor shall take out and maintain during the life of the Contract such automobile public liability and property damage insurance as shall protect him and any subcontractor performing work covered by this contract from claims for damages for personal injury, including accidental death as well as from claims for property damage which may arise from operations under this Con- tract , whether such operations be by himself or by any subcontractor, or by anyone directly or indirectly employed by either of them and the amounts of such insurance shall be as follows: C-8 HOLzmACHER. MCLENOON 6 MURR" ►.C. I H2M CORP. CONSULTING EIMINMMG AND ENVIRONMMNTAL SCIUMSTS CONTRACT - CUNT'D. Automobile Public Liability Insurance in an amount not less • than Five hundred Thousand Dollars ($500,000. ) for bodily injuries, including wrongful death by any one person, and subject to the same limit for each person in an amount not less than One Million Dollars ($10000)000. ) on account of one accident . Automobile Property Damage Insurance in an amount of not less than One Hundred Thousand Dollars ($100, 000. ) for damages on account of any one accident and in an amount of not less 'than Two hundred Thousand Dollars ($200,000. ) for damages on account of all accidents. 11 . PROOF OF CARRIAGE OF INSURANCE The Contractor shall furnish the Town with certificates of each insurer insuring the Contractor or any subcontractor under this Contract , except with respect to subdivision (d) of Paragraph 10. In respect to this paragraph, the Contractor shall furnish the Town with the original insurance policy and a copy • to the Engineer. Both certificates, as furnished, and the insurance policy, as required, shall bear the policy numbers, the expiration date of the policy and the limit or limits of liability thereunder. Both the certificates and the policy shall be further endorsed to provide the Town and Engineer with any notice of cancellation at least five (5) days prior to the actual date of such cancellation. C-9 NOLZMACHER, MCLENDON d MURRELL. P.C. I H2M CORP. coNsuLnma a4muu" Amt tmviamma+TAL eciWnm CONTRACT - CONV D. 12. COMPLIANCE WITH LABOR AND PENAL LAWS The Contractor hereby expressly agrees to comply with all the • provisions of the Labor Law and any and all amendments thereto, insofar as the same are applicable to this Contract . The Labor Laws, as amended, provide that no laborer, workman or mechanic: in the employ of the Contractor, subcontractor or other person doing or contracting to do the whole or a part of the work con- templated by this Contract, shall be permitted or required to work more than eight (8) hours in any one calendar day , except in cases of extraordinary emergency caused by fire, flood, or danger to life or property; that no such person shall be employed more than eight (s) hours in any day or more than t'ive (5) days in any week, except in such emergency; that the wages to be paid for a legal day's work as hereinbefore defined, to laborers, workmen, or mechanics upon the work called for under this Con- tract , or for any materials used upon or in connection therewith, shall not be less than the prevailing rate for a day 's work in the same trade' or occupation in the locality within the State where such work is to be done and each laborer, workman or mechanic employed by the Contractor, subcontractor, or other • person about or upon the work shall be paid the wages herein provided ; that employees engaged in the construction outside the limits of cities and villages are no longer exempt from the pro- visions of the Labor Law which required the payment of the pre- vailing rate of wages and the eight (8) hour day. Section 222 of the Labor Law, as amended by Chapters 556 and 557 of the Laws of 1933, provides that preference in employ- ment shall be given to citizens of the State of New York who have been residents of Suffolk County for at least six (6) consecutive months immediately prior to the commencement of their employment. Each person so employed shall furnish satis- factory proof of residence, in accordance with rules adopted by the Industrial Commissioner. Persons other than citizens of the State of New York shall be employed only when such citizens are not available. Section 222 further provides that upon the demand of the State Industrial Commissioner, the Con- tractor shall furnish a list of names and addresses of all his subcontractors and further provides that a violation of this section shall constitute a misdemeanor and shall be punishable by a fine of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00) or by imprisonment for not less than thirty (30) days nor more than ninety (90) days, or both fine and imprisonment . C-10 WUgACHER, MdANDON i MURRUA. P.C. t H2M CORP. coNiuLnNo 0601M RI AND amwmasTAL WOMM CONTRACT - CONT'D. Section 220A of the Labor Law, as amended by Chapter 472 of the Laws of 1932, provides that before payment is made by or on behalf of the State or any City, County, Town or Village or other civil deviation of the State, of any sums due on account of a contract for a public improvement , it is the duty of the Comptroller or the financial officer of the Municipal Corporation to require the Contractor and each and every sub- contractor to file a certified statement in writing, in satis- factory form, certifying to the amounts then due and owing to any and all laborers for daily or weekly wages on account of labor performed upon the work of the Contract , setting forth therein the names of the persons whose wages are unpaid and the amount due each, respectively. Section 220-B of the Labor Law, as so amended, provides that any interested person who shall have previously filed a protest in writing objecting to the payment to any Contractor or subcontractor to the extent of the amount or amounts due or to become due to him for daily or weekly wages for labor performed on the public improvement for which the Conti-act was entered into, or if, fu,• any other reason, it may be deemed advisable, the Comptroller of the State or other financial officer of the Municipal Corporation may deduct from the whole amount of any payment on account thereof the sum or sums admitted by any Contractor or subcontractor in such statement or statements so filed to be due and owing by him on account of labor per- formed and may withhold the amount so deducted for the benefit of the laborers for daily or weekly wages, whose wages are unpaid as shown by the verified statements filed by any Con- tractor or subcontractor and may pay directly to any person the amount or amounts so shown to be due for such wages. Section 220-C of the Labor Law, as so amended, provides .the penalty for making of a false oath or verification. Section 220-D of the Labor Law provides that the advertised specifications for every Contract for the construction, recon- struction, maintenance and/or repair of highways to which the State, County, Town and/or Village is a party shall contain the provision stating the minimum rate of hourly wage that can be paid, as shall be designated by the Industrial Commissioner, to the laborers employed in the performance of the Contract , either by the Contractor, subcontractor or other person doing or contracting to do the whole or part of the work contemplated by the Contract, and the Contract shall contain a stipulation that such laborers shall be paid not less than such hourly minimum rate of wage. Any person or corporatbn that willfully pays C-11 HOLZMACHER. MdZIDON&MURRELI.. P.C. / H2M CORP. CONSUMNO Wal"U" AND 1"W"MmaSTAL SCIUMST1 CONTRACT - CONT'D. after entering into such contract less than such stipulated minimum hourly wage scale shall be guilty of a misdemeanor and, upon conviction, shall be punished for a first offense by a fine of Five Hundred Dollars ($500.00) or by imprisonment for not more than thirty (30) days, or by both fine and imprisonment for a second offense by a fine of One Thousand Dollars ($1,000. 00) and, in addition thereto, the Contract on which the violation has occurred shall be forfeited ; and no such person or corporation shall be entitled to receive any sum or nor shall any officer, agent or employee of the State pay the same or authorize its payment from the funds under his charge or control to any person or corporation for work done upon any contract , oil 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 Com- missioner, State of New York, for this Contract , are as set forth in the Information for bidders. Section 1918 of the Penal Law, as. amended, provides that no person shall discharge explosives in the ground, nor shall any person other than a state or county employee regularly engaged in the maintenance and repair thereof excavate in any then existing street, highway, or public place, unless notice thereof in writing shall have been given at least seventy-two hours in advance to the person, corporation or municipality engaged in the distribution of gas in such territory. The person having direction or control of such work shall give such notice and further, he shall ascertain whether there is within one hundred feet of such street, highway or public place, or in the case of a proposed discharge of explosives within a radius of two hundred feet of such discharge, any pipe of any person, corporation or municipality conveying combustible gas, and if any emergency involving danger to life, health or property, it shall be lawful to excavate without using explosives if the notices prescribed herein are given as soon as reasonably possible, and to disharge explosives to protect a person or persons from an immediate and substantial danger of death or serious personal in- jury if such notices are given before any such discharge is under- taken. Any such work shall be performed in such manner as to avoid damage to pipe conveying combustible gas. Any violation of the provisions of this Section shall be a misdemeanor. C-12 HOtZMACHER. Md.ENDON&MURR" P.C. I H2M CORP. CONOULTINO a4a,"U" AND ENV1WWmC VITAL SCIENT1M CONTRACT - CONT' D. 13 (QUALIFICATIONS I''OR 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 suche th to make his employment dangerous to his health or safety , or health and safety of others, shall be employed to perform any work on this project ; provided, however, that such restriction shall not operate against the employment of physically handi- capped persons, otherwise employable, where each person may be safely assigned to work which they can ably perform. 14 . NON-DISCRIMINATION There shall be no discrimination because of race, creed or color in the employment of persons for work under this Contract , whether performed by the Contractor or any subcontractor. Neither shall the Contractor or any subcontractor discriminate in any manner against or intimidate any employee hired for the perform- ', ante of work under this Contract on account of race, creed or color. There may be deducted from the amount payable to the Con- tractor by the Town under this Contract a penalty of Five Dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of this paragraph; provided that for a second or any subsequent violation of the terms of this paragraph, this Con- tract may be canceled or terminated by the Town and all monies due or to become due hereunder may be forfeited. 15. PAYMENT O1' EMPLOYEES The Contractor and each of his subcontractors shall pay each of his employees engaged in work on this project under this Contract in full ( less deductions made mandatory by law) in cash and riot less often than once each week. C-13 HOLZMACHER, MCLENDON 6 MURRELL, P.C. / H2M CORP. CONSUMNO E N01NW4 AND Q MMMMQNTAI $00915" CONTRACT - CONT'D 16 . ESTIMATES AND PAYMENTS 4 (a) Final Certificate: Thirty (30) days after the Contractor shall have substantially completed the work required of it under the Contractor the Engineer will prepare a final certificate of the re- maining amount of the Contract balance less a sum equal to two (2) times the value of any remaining items to be completed and less an amount necessary to satisfy any claims, liens or judgements against the items of work are satisfactorily completed or corrected, the Town shall promptly pay, upon receipt of a requisition for these items less an amount necessary to satisfy any claims, liens or judgements against the Contractor which have not been suitably discharged. Any claims, liens and judgements referred to in this seciton shall pertain to the project and shall be filed in accordance with the terms of the applicable Contract and/or applicable laws. (b) In order to secure the performance of the convenant of the Contractor, prior to release of the Performance Bond, the Contractor shall deliver to the Town a Maintenance Bond equal to one hunderd percent (100%) of the total Contract price, including all extras. This maintenance bond shall remain in the full force and effect for a period of one (1) year after the date of the final certificate and such bond, which shall be executed by the Contractor and issued by a reliable, solvent surety company authorized to do business in the State of New York shall guarantee to the Town that the Contractor shall promptly remedy any defects or faults that may occur within twelve (12) months after completion and acceptance of the work per- formed by the Contractor pursuant to this Contract. (c) The cost of the work performed under this Contract is. being reimbursed to the Town by New York State. Payment to this Contractor shall be made by the Town. within five (5) calendar days after receipt by the Town of State reimbursement for the work. C-14 MUMACHER, MCIENDON 6 MURRELL. P.C. I H2M CORP. crosulrnw maijo RS AND 9xvi"MORAI OCIOMS l CONTRACT - CONT'D. (d) Measurements for Payment : The Engineer shall make due measurement of the 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 the 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 be proved, be paid for by the Contractor. 17. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES Rl-,LEASE The acceptance by the Contractor of the final payment shall be, and shall operate as a release to the Town from all claims and all liabilities to the Contractor for all things done or furnished in connection with this work and for every act and neglect of the Town and other relating to, or arising out of , this work, excepting the Contractor 's claims for interest upon the final payment , if this payments 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. 18. CONSTRUCTION REPORTS The Contractor shall submit to the Engineer prior to the commencing of any work under this Contract a detailed schedule and plan of operation, indicating the manner in which the Contractor proposes to prosecute the work , and a time schedule therefore. 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 Contractor shall furnish the Engineer with periodic esti- mates 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 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 other than the Town as may be required by such existing laws or regulations. C-15 HOLZMACHER, McLENDON 6 MURRELL, P.C. i H2M CORP. CONSULTING M0116URS AND 1 WRONMOML lCIUMSM CONTRACT - CONT'D. 19. INSPECTION AND TESTS All material and workmanship shall be subject to inspection, examination and test by the Engineer and other representatives of the Town at any time during the construction and at any and all places where manufacturing of materials used and/or construct- tion is carried on. Without additional charge, the Contractor shall furnish promptly all reasonable facilities, labor and materials neces- sary to make tests so required safe and convenient . If, at any time, before final acceptance of the entire work, the Engineer considers necessary or advisable an examin- ation of any portion of the work already completed, by removing or tearing out the same, the Contractor shall , upon request , furnish promptly all necessary facilities, labor and materials for such examination. If such work is found to be defective in any material respect , due to the fault of the Contractor or any subcontractor, or if any work shall be covered over without the approval or consent of the Engineer, whether or not the same shall be defective, the Contractor shall be liable for the expenses of or such examination and of satisfactory reconstruction. If, however, such approval and consent shall have been given, and such work is found to meet the requirements of this Contract , the Contractor shall be recompensed for the expense of such examin- ation and reconstruction in the manner herein provided for the payment of costs of extra work. The selection of laboratories and/or agencies for the in- spection and tests of supplies, materials or equipment shall be subject to the approval of the Engineer. Satisfactory documen- tary evidence that the material has passed the required inspec- tion and test must be furnished the Engineer prior to the incor- poration of the material in the work. Any rejected work shall be removed from the site of the project completely at the expense of the Contractor. C-16 HOLZMACHER, MdMDON i MURRELI, P.C. / HZM CORP. CONSULTING DIOINIMAS AND LNVOMMMUffAL I1C#VM Tf CONTRACT - CONT'D. 20. PLANS AND SPECIFICATIONS - INTERPRETATIONS The Contractor shall keep at the site of the work one copy of the flans 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 on the Plans shall have the same effect as if shown or mentioned respectively in both. In case of any conflict or inconsistency between the Plans and Specifications , the Plans shall govern. Any discrepancy between the figures and specifications shall be submitted to the Engineer, whose decision therein shall be conclusive. 21 . SUBSURFACE CONDITIONS FOUND DIFFERENT Should the Contractor encounter subsurface conditions at the site materially differing from those shown on the Plans or indi- cated 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 , lie 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 . 22. CONTRACTOR'S TITLE TO MATERIALS No material or supplies for the work shall be purchased by the Contractor or by 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. 23. SUPERINTENDENCE BY CONTRACTOR At the site of the work the Contractor shall employ a Con- struction Superintendent or foreman who shall have full authority to act for the Contractor. It is understood that such represen- tative 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. C-17 HOLZMACHER, WINDON i MURK" P.C. I HZM CORP. coaluLnmo anew FA AND EWOMMOHAL 9009IS" CONTRACT - CONT'D. 24. PROTECTION OF WORK, PERSONS AND PROPERTY Precaution shall be exercised at all times for the proper protection of all persons , property and work. The safety pro- visions 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 Town or its Engineer to adequately safeguard the traveling public. The Contractor shall give notice to the owners of all utilities which may serve the area and request their assistance in pre- determining the location and depth of the various pipes , conducts, manholes and other underground facilities . 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 Town 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 Town might be liable. The Contractor shall be liable for all injury or damage caused by his act or neglect, or that of his employees . 25. PATENT RIGHTS As part of his obligation hereunder and without any ad- ditional compensation, the Contractor will pay for any patent fees or royalties required in respect to the work or any part thereof and will fully indemnify the Town for any loss on account of any infringement of any patent rights , unless prior to his use in the work of a particular process or a product of a particular manufacturer, he notifies the Town in writing that such process or product is an infringement of a patent. C-18 H UAWNER. McLENOON 6 MURRELL. P.C. / H2M CORP. CONlULTIma 0441NELAA AND 9NVIWNMORAL OCIENTIM CONTRACT - CONV I). 26. REPRESENTATIONS OF CONTRACTOR The Contractor represents and warrants : (a) That he is financially solvent and that he is experienced in and competent to perfrom the type of work involved under this Contract and able to furnish the plant materials , supplies and/or equipment to be furnished for the work; and (b) that he is familiar with all Federal , State and Municipal Laws , ordinances and regulations which may in any way affect the work of those employed hereunder, including; but not limited to any special acts relating to the work ; and (c) that such work required by these Contract Documents as is to be done by him can be satisfactorily constructed and used for the purpose for which it is intended and that such construc- tion will not injure any person or damage any property; and (d) that lie has carefully examined the Plans , Specifications , and the site of the work, and that from his own investigation 1►e has satisfied himself as to the nature and location of the work, the character, location, quality and quantity of surface and sub- surface materials , structures and utilities likely to be encountered, the character of equipment, and other facilities needed for the performance of the work, the general local conditions which may in any way affect the work or its performance. 27. AUTHORITY OF THE ENGINEER In the performance of the work, the Contractor shall abide by all orders and directions and requirements of the Engineer and shall perform all work to the satisfaction of the Engineer, at such time and places , by such methods , and in such manner and sequence as he may require. The Engineer shall determine the amount, quality, acceptability and fitness of all parts of the work, shall interpret the plans, specifications, contract documents and any extra work orders and shall decide all d her questions in connection with the work. Upon request , the Engineer shall confirm in writing any oral orders, directions , requirements or determinations. The enumerati.arn herein or elsewhere in the contract documents of particular instances in which the opinion, ,judgment, discretion or determination of the Engineer shall control, or in which work shall be performed to his satisfaction or subject to his approval , or inspection, shall not imply that only matters similar to those enumerated shall be so governed and so performed, but without exception all the work shall be governed aniso performed. C-19 HOLZMACHER, MCI ENOON`MURREUL, P.C. I H2M CORP. CONSULTING V40IM99M AND 9XVIMOMM00tAt SClarr M CONTRACT - CONT'D. 28. SURVEYS The Engineer will furnish to the Contractor all layouts , measurements and lines and grades necessary for the execution of the work. When and as requested, the Contractor will fur- nish the necessary stakes and spikes for laying out such lines and grades and the unskilled labor necessary to place same. 29. CHANGES ANT) ALTERATIONS The Town reserves the right to make alterations in the location, line, grade, plans , form or dimensions of the work, or any part thereof , either before or after the commencement of the 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 . 30. CORRECTION OF WORK All work and all materials , whether incorporated into the work or not, all processes of manufacture and all methods of con- struction shall be, at all times and places , subject to the in- spection of the Engineer who shall be the final judge of quality, materials, processes of manufacture and methods of construction suitable for the purpose for which they are used. Should they fail to meet his approval they shall be forthwith reconstructed, made good and replaced and/or corrected as the case may be, by the Contractor at his own expense. Rejected materials shall im- mediately be removed from the site. If, in the opinion of the Engineer, it is not desirable to replace any defective or damaged materials or to reconstruct or correct any portion of the work injured or not performed in accordance with the Contract Documents , the compensation to be paid to the Contractor hereunder shall be reduced by such amount as, in the 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 , settlements, or shrinkages which may appear within one year following the date of the final certi- ficate. Neither the acceptance of the completed work nor C-20 HOLZMACHER, WAENDON 6 MURRELL, P.C. I H2M CORP. CONSULTING V40100UM AND LNVIWNMOHAL SCIENTISTS CONTRACT - CONT'D. payment therefor shall operate to release the Contractor or his sureties from any obligations under or upon this Contract or the Performance Bond. 31 . WEATHER CONDITIONS In the event of temporary suspension of the 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 materials shall have been damaged or injured by reason of the 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. 32. THE TOWN'S RIGHT TO WITHHOLD PAYMENTS The Town may withhold from the Contractor so much of any approved payments due him as may, in the judgment of the Town, be necessary : (a) To assure the payment of just claims then due and unpaid of any persons supplying labor or materials for the work; (b) To protect the Town from loss due to defec- tive work not remedied, or (c) To protect the Town from loss due to injury to persons or damage to the work or property of other contractors or subcontractors or others , caused by tie act or neglect of the Contractor or any of his subcontractors . The Town shall have the right, as agent for the Contractor, to apply any such amounts so withheld in such manner as the Town may deem proper to satisfy such claims or to secure such protection. Such application of such money shall be deemed payments for the account of the Contractor. C-21 HOLZMACHER, Md Ir d MURMA, P.C. / HZM CORP. CONSUIflNO DMINUM AND ENVIIIONMUML lCIENT M CONTRACT - CONT'h. 33. THE TOWN 'S RIGHT TO STOP WORK OR TERMINATE CONTRACT: il?, 1 (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 (r) The Contrac h)v shall rrl'use or i';li l , after not ice or warning 1'rom Lhe Engineer, to supply enoui,di p roper l y Skilled workmen or proper materials , or (d) The Contractor shall refuse or fail to prosecute the work or any part thereof with such diligence as will insure its completion within the period herein specified (or any duly authorized extens=ion thereof) or shall fail to complete: the work within said period, or (e) The Contractor shall fail to make prompt payment to persons supplying labor or materials for the work , or ( f) The Contractor shall fail or refuse to regard laws , ordinances, or the instructions of the Engineer or otherwise be guilty of a substantial violation of any provision of this Contract , then, and in any such event , the Town , without prejudice to any other rights or remedy it may have, may by seven (7) days notice to the Contractor, terminate the employ- ment of the Contractor and his rights to proceed either as to the entire work or ( at the option of the Town) as to any portion thereof as to which delay shall have occurred, and may take possession of the work and complete the work by contract or otherwise , as the Town may deem expedient . In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the compensation to be paid the Contractor hereunder shall exceed the expense of so completing the work ( including compensation for additional managerial , administrative and inspection services and any damages for delay) , such excess shall be paid to the Contractor. C-22 HOLZMACHER, MCMDON A MURRELL. P.C. / H2M CORP. WNGULTINO OWINUM4 AND ENVIMMMUHAL 9CIOfTIflifl CONTRACT - CONT'U. If such expense shall exceed the unpaid balance, the Contractor and his sureties shall be liable to the Town for such excess . If the right of the Contractor to proceed with the work is so terminated, the Town may take possession of and utilize in completing the work such materials, appliances , supplies , plant and equipment as may be on the site of the work and necessary thereof. If the Town does not so terminate the right of the Contractor to proceed, the Contractor shall continue the work. 34 . CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT If the work shall be stopped by order o[` the Court or any other public authority, for a period of three months without act or fault of the Contractor or of any of his agents, servants , em- ployees or subcontractors , the Contractor may, upon ten (10) days notice to the Town, discontinue his performance of the work and/or terminate the Contract , in which event the liability of the Town to the Contractor shall be determined as provided in the paragraphs immediately preceding, except that the Contractor shall not be obligated to pay to the Town any excess of the • expense of completing the work over the unpaid balance of the compensation to be paid to the Contractor hereunder. 35. RESPONSIBILITY OF WORK ' The Contractor agrees to be responsible for the entire work embraced in this Contract until its completion and final acceptance, and that any unfaithful or imperfect work that may become damaged from any cause, either by act of commission or omission to properly guard and protect the work that may be dis- covered at any time before- the completion and acceptance shall be removed and replaced by good and satisfactory work without any charge to the Town and that such removal and replacement will be performed immediately on the requirement of the Engineer, notwithstanding the fact that it may have been overlooked by the proper inspector, and partial payment made thereon. It is fully understood by the Contractor that the inspection of the work shall not relieve him of any obligation to do sound and reliable work as herein prescribed, and that any omission to disapprove of any work by the Engineer at or before the time of a partial payment or other estimate shall not be construed to be an acceptance of any defective work. C-23 HOLZMACHER,MCLENDON i MURR" P.C. / 142M CORP. CONSULTING MINUAS AND C WRONMCMTAL SCIUMIFTS CONTRACT - CONV D. 36. USES OF PREMISES AND REMOVAL OF DEBRIS The Contractor expressly undertakes at his own expense: (a) to take every precaution against injury to persons or damages to property ; (b) to store his apparatus , materials , supplies and equip- ment 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 ; or other contractors ; (c) to place upon any of the completed work only such super- imposed loads as are consistent with the safely of that portion of the work; (d) 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 and orderly and workmanlike appearance ; (e) before final certificate, to remove all surplus material, temporary structures , plant:; of any description and debris of any and every nature resulting from his operations and to put the site in a neat and orderly condition . 37. POWER OF THE CONTRACTOR TO ACT IN AN EMERGENCY In case of an emergency which threatens loss or injury to property and/or safety to life, t:he Contractor will be permitted to act as he sees fit without previous instructions from the En- gineer. He shall notify the Engineer thereof immediately there- after and any compensation claimed by the Contractor due to extra work made necessary because of his acts in such emergency shall be 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 in- structed 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. HOLZMACHER, McUNOON d MURR" P.C. I H2M CORP. CONIUMNO E MMURG AND LNVIRONMUITAL SCIUMM CONTRACT - CONT'I). 38. SUITS AT LAW 1 The Contractor shall indemnify and save harmless the Town from and against all suits , claims , demands or actions for any injury sustained or alleged to be sustained by any party or parties in connection with the construction of the work or any part thereof , or any commission or omission of the Contractor , his employees or agents or any subcontractors and in case any sLich action shall be brought against the Town, the Contractor shall immediately take care of and defend the same at his own cost and expense. 39. pROVISIONS 1JEOUIRED BY LAW DEEMED INSERTED Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein, and, if through mistake or otherwise, any such provision is not inserted or is not correctly inserted, then upon the application of either party, the Contract shall forthwith be physically amended to make such insertion. 40. SUBLETTING SUCCESSOR AND ASSIGNS The Contractor shall not sublet any part of the work under this Contract, nor assign any money due him hereunder without first obtain- ing the written consent of the Town. This Contract shall endure to the benefit of and shall be binding upon the parties hereunder and upon their respective successors and assigns, but neither party shall assign or transfer his interest herein in whole or in part without consent of the other. 41 . WAIVER OF IMMUNITY If any person, corporation, or body contracting with the Town, who when called before a grand jury, head of a city department , or other agency, which is empowered to compel the attendance of wit- ness and examine them under oath, to testify in an investigation concerning any transaction or contract had with the state, any polit- ical subdivision thereof, a public authority or with any public department , agency or official of the state or of any political sub- division thereof or of a public authority, refuses to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant question concerning such transaction or contract, then C-25 HOLZMACHER, MCLENDON i MURRELL, P.C. / H2M CORP. CONSULTM10 VMN"" AND LNVIN"MadrAL sCIENTIM CONTRACT - CONT'l). (a) such person, and any firm, partnership or corporal ion of which he is a member, partner, director or officer shall be disqual- ified from thereafter selling to or submitting bids to or receiving awards from or entering into any contracts with any municipal corp- oration or fire district , or any public department , agency or official thereof, for goods , work or services , for a period of five years after such refusal (b) any and all contracts made with the Town or any agbncy or official thereof, by such person, and by any firm, partnership, or corporation of which lie is a member, partner, director or officer may be cancelled or terminated by the Town without incurring any penalty or damages on account of such cancellation or termination, but any movies owing by the municipal corporation for goods delivered or work done prior to the cancellation or termination shall be paid. C-26 HOLZMACHER, McLENDON 6 MURRELL. P.C. / N2M CORP. CONSULTING CNINUM AND [NVINONMENTAI 60ENTISTS CONTRACT - CONT' D. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. TOWN OF SOUTHOLD BY: (TOWN SEAL) William R. Pell IlI , Supervisor _ (SEAL) Contractor BY: TITLE: STATE OF NEW YORK ) ) ss: COUNTY OF SUFFOLK ) On the day of 19 before me personally came William R. Pell III , to me known, who being by me duly sworn, did depose and say that he is the duly elected Supervisor of the Town of Southold, County of Suffolk, New York, and that at a meeting of the Town Board of the Town of Southold , duly held on the day of , 19 , the said Board, authorized the said Super- visor to execute all and any contracts on behalf of the Board; that he knows the seal of the said Town, that the Seal affixed to the foregoing instrument is its corporate seal ; that it was affixed thereto by order of the said Board, and that he signed his name thereto and executed the said instrument on behalf of the said Town by like order and authority. NOTARY PUBLIC C-27 HOLZMACHER, McMOON 3 MURR" P.C. / H2M CORP. CONSUL"HO DOGINURG AND ENVIXONMO+TAL 8CIU M CONTRACT — CONT'D. ACKNOWLEDGMENT OF CONTRACTOR, IF A CORPORATION STATE OF NEW YORK) ) SS: r COUNTY OF ) On this day of 19 before me personally came and appeared to me known, who by me being duly sworn, did depose and say that he resides at that he is the of , the Corporation described in and which executed the foregoing in- strument , that lie knows the seal of said corporation, that one of the seals affixed to said instrument is such seal , that it was so • affixed by order of the Directors of said corporation, and that he signed his name thereto by like order. NOTARY PUBLIC ACKNOWLEDGMENT OF CONTRACTOR, IF A PARTNERSHIP STATE OF NEW YORK) SS: COUNTY OF ) On this day of 19 before me personally came and appeared to me known, and known to me to be one of the members of the firm of described in and who executed the foregoing instrument , and he acknowledged to me that he ex- ecuted the same as and for the act and deed of said form. NOTARY PUBLIC C-28 HOLZMACHER, McMDON a MURRELL. P.C. / H2M CORP. CONSUMMo WGIU LAS AND EM OOMMUHAL SCIENTIST! GENERAL CONDITIONS 1. GENERAL CONDITIONS ` A. The "General Conditions" are hereby made a part of this Specification and are attached herein. . B. Where any article of the "General Conditions" is supplemented hereby, the provisions of such article shall remain in effect. All the supplemental provisions shall be considered as added thereto. Where any such article is amended, voided or superseded thereby, the provi- sions of such article not so specifically amended, voided or super- seded shall remain in effect. Work, materials, plant, labor and other requirements of the Gen- eral Conditions shall be furnished by the Contractor. No direct pay- ment shall be made for these General Conditions, and payment shall be deemed to be included in the contract price or various items of the entire contract. 2. CONTRACT DOCUMENTS The Contract Documents include, but are not limited to, the General Conditions, General Specifications, Detailed Specifications, Plans, Proposal Form, Contract and other sections as either cited on the index pages or actually included in the bound documents. Each section of the Contract Documents is intended to be comple- mentary to the other sections. It is intended that they include all items of labor and materials, and everything required and necessary to complete the work, even though some items of work or materials may not be particularly men- tioned in every section or may have been inadvertently omitted from the Drawings or Specifications, or both. 3. APPROVAL OF SUBCONTRACTORS AND MATERIALS 6 1 Prior to commencing any work under this Contract, the Contractor shall submit to the Engineer, for approval, a list of all the sub- contractors and material suppliers he proposes to use for this Con- tract. No subcontractor or material supplier will be permitted to de- liver materials or perform any work on this Contract until he has been approved by the Engineer in writing. GC-1 HOLZMACHER. MCLENDON a MURRELL. P.C. / HZM CORP. coNsulnma LNGINUM AND ENWAONMENTAL SCIENTISTS GENERAL CONDITIONS (CONT'D.) 4. INTERPRETATION OF DRAWINGS, ETC. A. In the event of discrepancies between the Drawings and the Specifications, the following order shall be given preference when making interpretations: 1. Addenda (later dates to take precedence over earlier dates) 2. Drawings (schedules or notes to take precedence over other data shown on Drawings) 3. Detailed Specifications 4. General Specifications 5. General Conditions B. On all plans, drawings, etc. , the figure dimensions shall govern in the case of discrepancy between the scales and figures. C. The Contractor shall take no advantage of any error or : omission in the Plans, or of any discrepancy between the Plans and Specifications, and the Engineer shall make such corrections and interpretations as may be deemed necessary for the fulfillment of the intent of the Specifications and of the Plans as construed by him, and his decision shall be final. D. All work that may be called for in the Specifications and not shown on the Plans, or shown on the Plans and not called for in the Specifications, shall be furnished and executed by the Contractor as if designated by both. Should any work or material be required which is not denoted in the Plans and Specifications, either directly 6 1 or indirectly, but which is, nevertheless, necessary for the proper carrying out of the intent thereof, it is understood and agreed that the same is implied and required, and that the Contractor shall per- form such work and furnish such materials as if they were completely delineated and described. 5. ADDITIONAL WORK Additional work, if required to be performed under this Contract, will be in accordance with the applicable paragraphs of the Contract. The Engineer shall be the sole judge as to whether such work was in- tended as part of the Contract or is in addition thereto. GC-2 HOLZMIICHER, MCLENDON d MURRELl. P.C. / HZM CORP. CDNSULTINO V40IMMS AND UMMONMENTAL SC1ENTIM GENERAL CONDITIONS (CONT'D.) 6. OCCUPATIONAL SAFETY AND HEALTH ACT The Contractor shall meet all standards of the Occupational Safety and Health Act of 1970 and subsequent revision. This shall include, but not be limited to, the following areas : Sanitation, noise, radiation, gases, vapors, fumes, mists, dust, illumination, ventilation, protective equipment, fire protection, waste disposal, electrical hazards, scaffolds and ladders, floor holes and wall openings, and heavy equipment . All specific require- ments of the Act shall be adhered to. 7. SAFETY PROVISIONS The Contractor shall take every precaution and shall provide such equipment and facilities as are necessary or required for the safety of his employees. In case of an accident, first aid shall be administered to any who may be injured in the progress of the work. In addition, the Contractor shall also be prepared for the removal, to the hospital for treatment, of any employee either seriously in- jured or ill. 8. SANITARY REGULATIONS A. In addition to compliance with the Occupational Safety and Health Act, the Contractor shall erect and maintain necessary sani- tary conveniences for the use of employees on the work. Such con- veniences shall be properly secluded from observation, and their use shall be strictly enforced. Such sanitary conveniences shall be constructed in compliance with all laws, ordinances or regulations governing these facilities. The contents of the same shall be re- moved, with sufficient frequency to prevent nuisance, and disposed of to the satisfaction of the Engineer. B. The Contractor shall obey and enforce such other sanitary 6 regulations and orders and shall take such precautions against in- t fectious diseases as may be deemed necessary. In case any infectious diseases occur among his employees, he shall arrange for the immediate removal of the patient from the work and his isolation from all per- sons connected with the work. C. The building of shanties or other structures for housing the men, tools, machinery or supplies will be permitted only at approved places, and the sanitary condition of the grounds in and at such shanties or other structures must , at all times, be maintained in a satisfactory manner. GC-3 HOLZMACHER. Md.ENDON 6 MURRELL. P.C. / HZM CORP. CONSULTING U40INUM AND ENVIRONMENTAL SCIE7rT M GENERAL CONDITIONS (CONT'D. ) 9. RESPONSIBILITY OF ENGINEER AND CONTRACTOR DURING CONSTRUCTION A. The Engineer is responsible solely for the general and/or detailed inspection of the work being performed. Such inspection will be periodic and strictly to assure conformance of the Contractor with the Plans and Specifications, such that the end product will conform to the Plans and Specifications. B. The Contractor is responsible for complete conformance to the Plans and Specifications, proper construction procedures; co- ordination with subcontractors, other contractors and utilities, and safe working conditions for his employees. 10. LABOR A. All contractors and subcontractors employed upon the work shall and will be required to conform to the Labor Laws of the State of New York and the various acts amendatory and supplementary there- to; and to all other laws, ordinances and legal requirements applicable thereto. B. All labor shall be performed in the best and most workman - like manner by mechanics skilled in their respective trades. The sta dards of the work required throughout shall be of such grade as will bring results of the first class only. 11. CONTRACTOR' S REPRESENTATIVE The Contractor, in case of his absence from the work, shall have a competent representative or foreman present, who shall follow with- out delay all instructions of the Engineer or his assistants in the prosecution and completion of the work, in conformity with this Con- tra t, and shall have full authority to supply labor and material immediately. The Contractor shall also have a competent representa- tive available to receive telephone messages and provide a reasonable 6 reply as soon as possible, but not later than twenty-four (24) hours. 1 GC-4 HOUMACHER. MCIENDON d MURR" P.C. / HZM CORP. CON UL"NO DMUNKRA AND DMACHMOIM 800MOS GENERAL CONDITIONS (CONT'D J 12. INCOMPETENT EMPLOYEES The Contractor shall employ only competent , skilled and faithful men to do the work. Upon request of the Engineer in writing, the Con- - tra for shall suspend or discharge from the work any disobedient, dis- orderly or incompetent person or persons employed thereon, and will not again employ any person so suspended or discharged without the congent of the Engineer. This requirement shall not be made on the basis of any claim for compensation or damages against the Town or any of its officers or agents. 13. CLAIMS OR PROTESTS If the Contractor considers any work required of him to be out- side the requirements of the Contract, or considers any record or ruling of the Engineers or Inspectors as unfair, he shall ask for • written instructions or decisions immediately, and then file a writ- ten protest with the Town against the same within five (5) days thereafter, or be considered as having accepted the record or ruling. 14. NOTIFICATION INTERFERENCE AND INJURY TO UTILITIES A. The Contractor shall cooperate in every way with the Utility Companies. B. The Utility Companies shall be notified in accordance with Section 1918 of the Penal Law of the State of New York, entitled "Construction or Blasting near Pipes Conveying Combustible Gas$" and with Article 200 Section 322-a of the New York State General Business Law, 6 C. All conduits, water mains and gas mains encountered in the 1 construction shall be properly and safely taken care of by the Con- tractor, who shall, upon encountering same, notify the public corpora- tion. to whom they belong, in order that they may be changed in such a manner as not to interfere with the final construction. D. In case any damage shall result to any service pipe for water or gas, or any private or public sewer or conduit by reason of negli- gence on the part of the Contractor, he shall, without delay and at his own expense, repair the same to the satisfaction of the Engineer, and in case such repairs are not made promptly or satisfactorily, the Towmay have the repairs made by another Contractor or otherwise, and ded ct the cost of same from any monies due or to become due the Con- tractor. GC-5 HOLZMACHER, Md.ENDW b MURRELL. '.C. / HZM CORP. cohsuLnmm 0+01MaRS AND UMWMMwrµ 800918" GENERAL CONDITIONS (CONT'D J 15. INFRINGEMENT OF PATENTS The Contractor further agrees to hold himself responsible for any claims made against the District for any infringement of patents by • the use of patented articles in any one phase of construction of the work and the completion of same, or any process connected with the work agreed to be performed under this Contract , or of any materials used upon the said work and to save harmless and indemnify the Town from all costs, expenses and damages which the Town shall be obliged to pay by reason of any infringement of patents used in the construc- tion and completion of the work. 16. DAMAGES All damage, direct or indirect, of whatever nature resulting from either the performance of, or resulting to the work under, this Con- tract during its progress from whatever cause, shall be borne and sus- tained by the Contractor, and all work shall be solely at his risk until the date of the final certificate. 17. GUARANTEE WARRANTY This Contractor shall guarantee and warrant his work and that of his subcontractors against defects in workmanship and/or material for a period of one (1) year from the date of final certificate by the Engineer except as otherwise specified. Upon written notification from the Engineer, the Contractor shall repair, replace or reconstruct such defects to the satisfaction of the Engineer at no cost to the Town. 18. STANDARDIZATION The DETAILED and General Specifications indicate specific manu- facturers and/or catalog numbers, etc. , for the purpose of standardiza- tion within the Town in order to minimize stockpiling of replacement parts. 19. DEFINITIONS 1 The words "or approved equal" as hereinafter used shall refer to the use of an equal product that has received prior approval by the Consulting Engineer for the Town. The word "Engineer" refers to HOLZMACHER, McLENDON & MURRELL, P.C. , Consulting Engineer for the Town of Southold. GC-6 HOLZMACHER. MCLENDON&MURRELL, P.C. / H2M CORP. CONSULTINO ENGINEERS ANO ENVIRONMENTAL SCIOMSTS - GENERAL CONDITIONS (CONTD. ) 20. CLAIMS ARISING FROM DELAY This Contractor shall not hold the Town, the Engineer or their officers, agents and employees responsible for any liability, claims, losses or damage arising out of the failure to perform, delay, or poor workmanship by another Contractor. Any claim by this Contractor arising out of the failure to perform, delay, or poor workmanship by any other contractor shall be filed against said other contractor which has failed to perform, caused a delay or utilized poor workmanship. GC-7 HOLZMACHER, McLENDON i MURRELL,P.C./H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS GENERAL SPECIFICATIONS r THE ITEMS HEREIN REFERRED TO ARE THE ITEMS OF THE SUFFOLK COUNTY DEPARTMENT OF PUBLIC WORKS SPECIFICA— TIONS ADOPTED NOVEMBER 1 , 1968 AS AMENDED. THESE SPECIFICATIONS SHALL BE INCORPORATED BY REFERENCE AND SHALL APPLY AS IF DETAILED IN FULL, UNLESS HEREIN MODIFIED. GS-1 HOLZMACHER,McLENDON& MURRELL,P.C.I H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS GENERAL SPECIFICATIONS (CONT'D. ) GENERAL REQUIREMENTS The successful bidder shall apply on the project asphaltic concrete of an approved quality which shall meet the requirements shown under its respective item for the kind of material furnished. For any item, the material furnished shall show uniform test . QUANTITIES OF BITUMINOUS MATERIALS The Contractor must furnish to the Engineer a certified copy of the weiqhts of the asphaltic concrete materials which he receives and applies under this Contract . CONSTRUCTION The successful bidder shall apply the asphalt concrete on the pro- ject in accordance with the materials and construction details for the respective itemsin the Suffolk County Department of Public Works Speci- fications, except as may be modified in the Technical Specifications of this Contract. MEASUREMENT AND PAYMENT The price bid shall be full compensation for receiving applying and rolling, and shall also include materials, labor, equip- ment and incidentals necessary to complete the work satisfactorily. GS-2 HOLZMACHER. MCLENOON &.MURRELL, P.C. / HZM CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIUMSTS TECHNICAL SPECIFICATIONS WXZMACHER. MCLEND©N&MURRELL. P.C. / H21A CORP. CONSULTING ENGINEERII AND I[XIMNMENYAI SCIENTISTII ITEM 51 F - PLACE ASPHALT CONCRETE TYPE lA (TWO-COURSE) 1.0 - SCOPE Under this item the Contractor shall unload from supply trucks and place binder course and wearing course asphalt concrete on New Suffolk Avenue and certain intersecting side streets, generally bet- ween Camp Mineola Road and Meadow Lane, as directed by and to the approval of the Engineer. 1. 1 - MATERIALS The asphaltic concrete materials shall be top course asphalt concrete type 1A, and binder course asphalt concrete, as specified under Item 51 F, "Asphalt Concrete Type 1A, (Two Courses) " , in the Suffolk County Department of Public Works Specifications of November 1 , 1968 as amended. 1.2 - CONSTRUCTION DETAIL Under this Contract the Contractor shall place bituminous concrete Type 1A in order to construct an asphalt concrete binder and top course having a material thickness of 2' inches after compaction (131 inches of binder course and 1 inch of top course) . A typical roadway section is included on Page TRS-1 of this Specification. 1.3 - METHOD OF CONSTRUCTION The method of construction shall be in accordance with the Suffolk County Department of Public Works Specification of 1968 as amended, "MATERIALS AND CONSTRUCTION DETAILS FOR ITEM 51 F, ASPHALT TYPE 1A. " It shall conform to all applicable requirements described under "BITUMINOUS PAVING CONSTRUCTION, PART II, SECTION 8" of the Suffolk County Department of Public Works Specifications of 1968, as amended. Work under this Contract shall include furnishing an acceptable self-propelled paving machine which shall be capable of recieving the asphalt concrete materials from the bed of the material supplier's truck, paving,and propelling the supplier's truck, in one single process. This Contractor is solely responsible for unloading the asphalt material from the supplier's trucks and constructing a finished, rolled, and compacted roadway surface to the line, grade and thickness shown on the typical roadway section (Page TRS-1) and as ordered by the Engineer. TS-1 HOLZMACHER, MCLENOON b MURRELL, P.C. / H2M CORP. CONSULTING ENOINUAS AND ENWRONMUffAL SCIENTISTS ITEM 51 F - PLACE ASPHALT CONCRETE TYPE lA (TWO-COURSE) - CONT'D. 1.4 - COORDINATION The bituminous concrete roadway surface shall be constructed when and as directed by and to the approval of the Engineer; the construc- tion of the bituminous concrete roadway shall be coordinated with the work being done by others on the project site. The work under this contract shall be intimately coordinated with the work of the Contractor which is manufacturing and delivering the asphalt concrete materials to the project site. The Contractor shall provide a paving schedule to the Engineer and Supply Contractor, -no less than 48 hours in advance of each day on which he intends to pave. This Contractor will be solely responsible for damages incurred to himself or others if he is unable to reasonably maintain his schedule. It is the intent of this 48 hour notice to insure a continuous paving operation, and minimize lay over of supplier vehicles at the job site. Asphalt concrete material which arrives at the job site on schedule, and at proper paving temperature, shall become the responsibility of this Contractor. 1.5 - METHOD OF MEASUREMENT The quantity to be paid for under this. Item shall be the number of tons of material placed and compacted in accordance with the Speci- fication, and as ordered by and to the approval of the Engineer. The quantity shall be measured using the certified weight of each load supplied to the site. Where under a fraction of a load is placed, the Engineer will determine what fraction of the load was placed, and adjust the certified weight accordingly. 1.6 - BASIS OF PAYMENT The unit price bid per ton for this item shall include the cost of furnishing all labor, materials, and equipment necessary to complete the work, including unloading, placing and rolling of the asphalt concrete. TS-2 HOLZMACHER, McLENCON b MURRELL, P.C. / H2M CORP. CONSULTING ENGIMMS AND ENI MNMENT4 SCIENTISTS ITEM 51 Y - PLACE ASPHALT CONCRETE SHOULDER PAVEMENT 2.0 - SCOPE Under this item the Contractor shall unload from supply trucks and place shoulder asphalt concrete on New Suffolk Avenue and certain intersecting side streets, generally between Camp Mineola Road and Meadow Lane, as directed by and to the approval of the Engineer. 2. 1 - MATERIALS The asphaltic concrete materials shall be shoulder course asphalt concrete, as specified under Item 51 Y, "ASPHALT CONCRETE FOR SHOULDERS" in the Suffolk County Department of Public Works Specifications of November 1, 1968 as amended. 2.2 - CONSTRUCTION DETAIL Under this Contract the Contractor shall place bituminous concrete in order to construct an asphalt concrete shoulder course having a material thickness of 3 inches after compaction . A typical roadway section is included on Page TRS-1 of this Specification. 2 .3 - METHOD OF CONSTRUCTION The method of construction shall be in accordance with the Suffolk County Department of Public Works Specifications of 1968 as amended, "MATERIALS AND CONSTRUCTION DETAILS FOR ITEM 51 Y, ASPHALT CONCRETE FOR SHOULDERS. " It shall conform to all applicable requirements described under "BITUMINOUS PAVING CONSTRUCTION, PART II, SECTION 8" of the Suf- folk County Department of Public Works Specifications of 1968, as amended. Work under this Contract shall include furnishing an acceptableself propelled paving machine which shall be capable of recieving the asphalt concrete materials from the bed of the material supplier's truck, paving, and propelling the supplier's truck, in one single process. This Contractor is solely responsible for unloading the asphalt material from the supplier's trucks and constructing a finished rolled, and compacted shoulder to the line, grade and thickness shown on the typical roadway section (Page TRS-1) and as ordered by the Engineer. 2 _4 - COORDINATION The bituminous concrete shoulders shall be constructed when and as directed by and to the approval of the Engineer; the construction TS-3 HOLZMACHER, Md ENDON 8 MURR" P.C. t HN CGRP. CONSULTING ENGINUM AND DM ONMUffAL ICIDITIM ITEM 51 Y - PLACE ASPHALT CONCRETE SHOULDER PAVEMENT - CONT'D. of the bituminbus concrete shoulder shall be coordinated with the work being done by others on the project site. The work under this contract shall be intimately coordinated with the work of the Contractor which is manufacturing and delivering the asphalt concrete materials to the project site. The Contractor shall provide a paving schedule to the Engineer and supply contractor no less than 48 hours in advance of each day on which he intends to pave. This Contractor will be solely responsible for damages incurred to. himself or others if he is unable to reasonably maintain his schedule. It is the intent of this 48 hour notice to insure a continuous paving operation, and minimize lay over of supplier vehicles at the job site. Asphalt concrete material which arrives at the job site on schedule, and at proper paving temperature, shall become the responsibility of this Contractor. 2.5 - METHOD OF MEASUREMENT The quantity to be paid for under this Contract shall be the number of tons of material placed and compacted in accordance with this Speci- fication, and as ordered by and to the approval of the Engineer. The quantity shall be measured using the certified weight of each load supplied to the site. Where only a fraction of a load is placed, the Engineer will determine what fraction of the load was placed, and adjust the certified weight accordingly. 2.6 - HASIS OF PAYMENT The unit price bid per ton for this item shall include the cost of furnishing all labor, materials, and equipment necessary to complete the work, including unloading, placing, rolling and compacting of the asphalt concrete. TS-4 •Theo�e t:ca/ Gr-a�Q 6" 6 6 S O ca D r S M m; Zn y flr .'� m m y 0 I-+ i 2 020 m; Z <C O 2 r k D �I - r� A� j' y Ni.:dti+, t.:isi,� `fi: f !�`i .• ±`.'9.%Y:• yY:.�: •rYf:'ri;}:jx�r.• fn ic / , oo cov�s�os osphc,�f coi�cref� /A- If�rr�.5/F (fh�s contract)SPOO "...... .. ,. /%13irx�/�r Coc/�se os�?�io/�COxi-�f� /meq_If�ir�5/F �fhis confrQct � �• ♦Si'�7 �f J' f ::o:'/':': :i5:' •9'1 •'i'. •J r-!,.•FF t'v`•+}'li `.i'£wY` '.:?ir,'r!..:;n::::}:.:,rp.:,!�+. ;.<:;�'s:r Mfr •_�: � v�c�cfF fog shvc�/d��s - Ifcfi ..5i y �fi5/s contact) 011 Cd9e of shoo/der,to 6e lrarrd com�act�d as rewired;It�n, 3�Y(f1.,s coafi+:cf) TYPICAL ROADWAY SECTION HOLZMACHER,McLENDON i MURRELL,P.C.1 H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS LOCATION MAP 5. :Sf• SOUTHOLD TOWN HALL �I tib r. •�+'• Lot AVE f :+_, i,•. '/ � ,►. s •. •fit„� ,' '�s J.. PROJECT'�� \�o LOCATION LM-1 Jp s HOLZMACHER,McLENDON and MURRELL,P.C. Consulting Engineers. Environmental Scientists and Planners Melville,N.Y. Farmingdale,N.Y. Riverhead,N.Y. TOWN OF SOUTHOLD SUFFOLK COUNTY NEW YORK CONTRACT AND SPECIFICATIONS FOR PLACING BINDER, TOP, AND SHOULDER COURSE ASPHALT CONCRETE ON NEW SUFFOLK AVENUE PROJECT NO. SOHT 81-06-B r TOWN BOARD i Supervisor William R. Pell III Councilmen Henry W. Drum Francis T. Murphy Larry W. Murdock John J. Nickles Justice Francis T. Doyen SUPT. OF HIGHWAYS TOWN CLERK Raymond C. Dean Judith T. Terry ti SEPTEMBER 1981 HOLZMACHER,McLENDON andMURRELLY.C. Consulting Engineers. Environmental Scientists and Planners Melville,N.Y. Farmingdale,N.Y. Riverhead,N.Y. HOLZMACHER. MCLENDON d.MURREU, P.C. / H2M CORP. CGNSULTING ENGINEERS ANC ENYIWMMMTAI SCIENTISTS INDEX V TOWN OF SOUTHOLD PLACING BINDER, TOP AND SHOULDER COURSE ASPHALT CONCRETE ON NEW SUFFOLK AVENUE PAGE Index I - 1 page Notice to Bidders NB - 1 page Information for Bidders IB - 12 pages - Proposal P-A thru P-D Indemnity, Limitation of Liability ILL - l page Contract C - 28 pages General Conditions GC - 7 pages General Specifications GS - 2 pages Technical Specifications TS - 4 pages Typical Roadway Section TRS - 1 page Location Map LM - 1 page Y I-1 HOLZMACHER,McLENDON&MURRELL,P.C.I H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN that SEALED BIDS will be received by the Town Clerk of the Town of Southold at the Town Hall, Main Road, Southold, New York, until 10 :00 A.M. prevailing time, on Thursday, Sept. 24, 1981 at which time and place they will be publicly opened and read for the followinq contract: • PLACING BINDER, TOP, AND SHOULDER COURSE ASPHALT CONCRETE ON NEW SUFFOLK AVENUE The above item must conform to the Specifications of the Suffolk Countv Department of Public Works for Item 51-F - Asphalt Type IA (Two- Courses) and Item 51Y - Asphalt Concrete for Shoulders. _ Specifications may be obtained on or after Sept. 17 , 1981 at the Town Hall and offices of the Consulting Engineers, HOLZMACHER, McLENDON & MURRELL, P.C. , 209 West Main Street, Riverhead, New York, 11901, and 125 Baylis Road, Melville, New York, 11747 , upon deposit of twenty-five dollars ($25. 00) for each set furnished. Deposits for Specifications will be refunded to bidders who return Specifications within ten (10) days in good condition; other deposits will either be partially or not refunded if the Specifications have not been returned in good condition within thirty (30) days after bids have been opened. Each Proposal must be accompanied by a certified check or bid bond in the amount of five percent (5%) of the total bid, made payable to William R. Pell, III , Supervisor, Town of Southold, as set forth in the Information to Bidders. The Town reserves the right to reject any or all bids, to waive any informalities and to accept such alternate bid which, in the opinion of the Town Board, will be in the best interests of the Town. BY ORDER OF THE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK JUDITH T. TERRY, TOWN CLERK TOWN OF SOUTHOLD • SOUTHOLD, NEW YORK 11971 DATED: SEPTEMBER 8, 1981 NB-1 HOIZMACHER, MclENOON 6 MURREU, P.C. / NZM CORP. QMSUITING MOWERS AND UMMMMOH" OCIpMM INFORMATION FOR BIDDERS BIDS FOR PROJECT The Town of Southold will receive SEALED PROPOSALS for Placinq Binder, Top, and Shoulder Course Asphalt Concrete on New Suffolk Avenue. TIME AND PLACE OF BID Bids are to be submitted in opaque envelopes and will be received by the Town of Southold at the Town Hall, Main Road, Southold, New York, not later than 10: 00 A.M.l Prevailing Time, Thursday, Sept. 24 . 19x1 at which time and place they will be publicly opened and read aloud. fise of the mails shall be at the Bidder 's own risk, and the Bidder shall be responsible for physical delivery of the Bid at the time and place set for opening of Bids. BID ENVELOPE All proposals and either the certified check or bid bond must be placed in a sealed envelope bearing the Bidder' s firm name and address marked, "Project No. SOHT 81-'06-B Proposal for Placinq _Binder, Top, and Shoulder Course Asphalt Concrete on New Suffolk Avenue, Town of Southold. Suffolk County, New York" , but otherwise unmarked. If mailed, this envelope shall be placed in another envelope addressed to Town Clerk Judith T. Terry, Town of Southold, Town Hall, Main Road, Southold, New York 11971. Use of the mails is at the Bidder ' s risk. IB-1 HOLZMACHER.MCLENDON i MURRELI. t.C. / H2M CORP' CopiSULnN0 aaN9M AND UMNONwtNtAL SCIENTISTS INFORMATION FOR BIDDERS (CONT'D. ) SPECIFICATION DEPOSITS (a) Deposits for specifications will be coinpletely refunded to Bidders who return same in good condition within ten (10) days after r-ceipt of bids. Bidders will receive one-half of the deposit amount tur specfications returned after ten (10) days and before thirty (30) days following the bid date. (b) Deposits for specifications will be completely refunded to non-bidders who return same in good condition within 48 hours of receipt of said specifications. Non-bidders will receive one-half the deposit amount for specifications returned in good condition within ten (10) days followingbidderthe �sdafter.teno(10)deposit daysfor i following tion:; will be refunded to non bid date. r IB-2 HOLZMACHER,MCLENDON A MURRELL,P.C./H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS INFORMATION FOR BIDDERS '(CONT'D. ) SPECIFICATIONS Complete sets of specifications for the inspection of prospective bidders will be found on file with the Town Clerk, Town of Southold, Town Hall, Main Road, Southold, New York, and at the office of Holz- macher, McLendon & Murrell, P.C. , Consulting Engineers, 209 West Main Street, Riverhead, New York, or 125 Baylis Road, Melville, New York. All contractors must leave their names, phone numbers and correct mailing addresses upon receipt of the specifications. VERBAL ANSWERS The Town, its agents, servants or employees, or the Engineer, will not be responsible in any manner for verbal answers to any in- quiries regarding the meaning of the contract specifications given prior to the awarding of the contract. ti EXAMINATION OF SITE Bidders must satisfy themselves by personal examination of the location of the proposed work and of the actual conditions and require- ments of the work, and shall not, at any time after the submission of a proposal, dispute or complain of such estimate or assert there was any misunderstanding in regard to the scope of the work. The Contractor shall inspect the site and existing conditions be- fore submitting his bid. PROPOSAL The Form of Proposal contained herein shall be used in making out bids. Any proposal not in accordance with these instructions, or con- taining bids not asked for, may be rejected. IB-3 HOLZAVXHFA, McLgNOON&MNAA" P.C. I HSM MP. oo�u�nl+o WGINUG Iwo tlrtvu MMonAL $$CIMS I NFORMA'1'I UN FOR 11111DIMS (CONT ' D. ) As the estimates 0f tlusintitics of items stated in the I►roi►usal _ are ai►I►roximutc uraY .l 1) i�tdurs .r re required to srrl+mit their I�r�►110s;rl u1►0n and in the hollowing ex1)ress conditions , whish shall a1�1►Jy ;1nd I1ecoU1C a I►art c►f every prol►us;rl received . Each bidder shall till out , in ink , in boil1 words ;Ind figures , in the spaces pruvide�J , Ii is unit or lump sural bid , as the ;Ise 111;1), hc , for each item in said I:01-111 of I'ropas;i for whish lie is ::I1hluittill}; a bid . No bid w_i11 be considered which does nut include bids fol- 'Tit or all •-- — —_ items in tale 111-opaaal;- ncI iim:�of i�ui►iilet on . If the contract is not executed by the 'Town within forty- five ( 151 da)'s :Ifte1. file receil►t of I► ids , t11c 0hl it;;It ion of the bidder under this 1)1.01)oS.il 111:Iy terminaa te t his o1►t iou and lie shall there- 111)0n he entitled to a rel:und of his certified check or release 01' 11is IIiJ bond furnished by 11i111 as security with his proposal . fill) BOND illi t:l:lt'I'I 111.1► CHECK Bach propusa i from a contractor $11.111 be accompanied by a bid bond or certified check on a solvent hank of the state of New fork , in the ;Imoulit of five 1101-cent ( Sid ) of the total bid . $1icil Toan`liec of slialld, be made I)ayahle to William R. Pell III, Supervisor, Now York, and the amount thereof shall be the measure of I iqui>,tuted damages which the Town will sustain by the fsriluro , neglect or refusal of the bidderto execute and deliver the centract , should the contract cks of all unsuccessful bidders wi t t lie be awarded to 11im. Tho che returned upon the rejection of bids and the execution of the contract by the I)artiess ; also, the shack of the successful bidder will be returned upon t11e execution of the contract and tile furnishing of the raelu i red bond. NAME OF BIDDER Bach bidder must st:Ite in his proposal , his full name and busi - ness address , a11d the full na111e of every l►erson , firm or corl►oration interested in the sa111e' and the :address of every person or f i rn1 or president and secretary of every c0rl)oration interested with hint. If Ili-4 HU MACHEA,MdANOON A MUMU P.C. 1 HZM COAD• oo�au�n� as mo tNwoopmonAL MUMM I N I-ORMAT I ON FOR li l 1)1)1:11 (CONT '1). ) no other person be so interested , he must distinctly st:lte that fact , Ill- also that his proposal is made without any connection directly ar' ili- directly with any other bidder for the work pill-ticularly mentioned in his proposal ; that it is ill all remillotedwbyl,otit tile Towndisrdiro ectlyor and that no person acting I Y indirectly interested thereofgthe jroshectilvclproflies itswl�ich it thereof. relates, or in any portion p h QUALTFTCATIONS OF BIDDERS (1 ) The Town reserves the right to waive any informalities or reject any and all bids . The Town reserves the right to re- ject any and all bids which do not conform to the proposals , or upon which the bidders do not comply with the requirements of the Town as to their qualifications . (2) All bidders must prove to the satisfaction of the Town that they are racy gbal ificatit)ns toreliable dsuccepssful ly , Mld del ivelr,►tilel1pioposed os- secs the necessary t equipment , and that they have performed and completed successfully similar work to an extent which , in the opinion of the Town , will quality them by experience to perform the work which is proposed. (3) In determining the qualifications of a bidder, tale Town will consider his record in the performance of any contracts entered into by him for the work contemplated or of similar nature may make such investigation as it deems )rands the bidderto terinine the shall furnishrto y of rile bidder to perform the work, the Town all such information and data for this purpose as the Town _ may request . (4) The Town shall be the sole judge of the qualifications of the bidders and of the merits thereof and reserves the right to reject in tieany bid if the recmeeting the bidderof gatiolnspto£subcontractors ,erormance ofrmaterial - acts payment of bills nd men or employees is not satisfactory to the Town , or if the evidence submitted by or the investigation of such bidders fails to si►tisfy the Town that he is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. GUARANTEE BOND The successful bidder shall be required to furnish at. the execu- tion of the contOct all executed bond of a surety company authorized .Ib- S HOLZMACHFA. MdANDON A MURR" ►.C. I HZM CW- CMIULn"s O4em"As AND tMV$MWMa#TAL IC1EtMM INFORMATION FOR BIDDER (CONT. I)) r to do business in the State of Now York and apl►ruved by the T0"ll in an amount equal to one hundred percent ( 100% ) of the total amo►►nt of the contract , guaranteeing to the Town the faithful perforn►;-Ince of the contract , .1n.l payment of all claims for materials , labor and wages in connection therewith . SIGNATURE OF CONTRACTOR The bidder to whom a contract may be awar.led shall attend at the office of the `Town , with the sureties offered by him, ►., ithin seven (7) days , Sundi►y excepted, after the date of 110t i fication by u►'► i 1 of thy` acceptance of his proposal , and there sign the contract in quadrupli - cate for the work and f►►rnish approved security 1•or its perforu►ance . In case of failure to do so, the bidde► shall he as having abandoned the same , and the check accompanying his proposal ` 511.111 he forfeited to the Town , or the penalty of the bid bund shall be invoked. CONTRACTOR'S INSURANCE The contractor shall not continence any work ►►ntil he has obtained and had approved by the 'Town all of the insurance specified and required in the contract . WAIVER OF 1141I11siITY Attention of the bidder is hereby directed to the requirements of the General Municipal Law of. the State of New York and in particular to Section 103-a of the General Municipal Law regarding "1Vaiver of Immut►ity", as indicated on Page C-8 of the contract . 1JESPONSIBILITY FOR BIDDER Attention is hereby particularly directed to tl►e provisions of the contract whereby the contractor will be responsible for any loss or damage that may happen to the material or any part thereof during its delivery ; and also whereby the contractor shall make good any defects or faults due to materials or workmanship within twelve (12) months after its delivery, placement , and acceptance. r 111-6 HowuAcH01. soar&Baal,F.C. H2MI 0W- ooM.u�rwo o+a«um AND IMM"" TAT WAUM r. INFORMATION FOR BIDDERS (CONT'D. ) . In order to secure the performance of the covenant of the con- tractor, the Town shall retain the Guarantee Bond during the period of one (1) year from the date of the Engineer ' s final certificat.e. Work is required to be completed to the satisfaction of the Engineer and irl :substantial accordance with the specifications hereunto annexed. TOWN OF SOUTHOI.D SUFFOLK COUNTY, NEW YORK IB-7 State of New York Bureau of Public Work Department of Labor A State Office Building Campus Albany,N.Y. 12240 CONTRACT REQUIREMENTS Each public work contract to which the State,a public benefit corporation,a municipal corporation or a commission is a party and which may involve the employment of laborers,workmen or mechanics,shall comply with the requirements of Article 8 of the New York State Labor Law: 1. 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 the contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week except in the extraordinary emergencies set forth in the Labor Law or where a dispensation is granted by the Industrial Commissioner. (See Section 220.2) 2. Each laborer, workman or mechanic employed by the contractor or subcontractor shall be paid not less than the prevailing rate of wages at the time the work is performed,and shall be paid or provided not less than the prevailing supplements at the time the work is performed, as determined by the fiscal officer. If the prevailing rate of wages or the prevailing supplements change after the prevailing rate schedule is issued,each workman,laborer or mechanic shall be paid or provided not less than the new rates. (See Section 220.3) 3. The contractor and every subcontractor shall post in a prominent and accessible place at the work site a statement of the current wage rates and supplements specified by the contract for the various classes of mechanics,workmen or laborers. (See Section 220.3-a) 4. Apprentices must be registered,individually,under a bona fide program registered with the New York State Department of Labor. The allowable ratio of apprentices to journeymen in any craft classifica- tion shall not be greater than the ratio permitted to the contractor as to his work force on any job under the registered program. Any employee who is not registered as above, shall be paid the pre- vailing wage rate for the classification of work he actually performed. The contractor or subcontrac- tor will be required to furnish written evidence of the registration of his program and apprentices as well as of the appropriate ratios and wage rates for the area of construction, prior to using any apprentices on the contract work. (See Section 220.3-e) 5. (a) No contractor, subcontractor,nor any person acting on his behalf,shall by reason of race,creed, color, sex or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates.(See Section 220-e (a) ) (b) No contractor, subcontractor, nor any person acting on his behalf shall,in any manner,discrimi- nate against or intimidate any employee on account of race,creed,color,sex or national origin. (See Section 220-e (b) ) NOTE: The Human Rights Law also prohibits discrimination in employment because of age,disability or marital status. (c) There may be deducted from the amount payable to the contractor under the contract a penalty of five dollars for each calendar day during which such person was discriminated against or intim- idated in violation of the provisions of the contract. (See Section 220-e(c) ) (d) The contract may be cancelled or terminated by the State or municipality,and all moneys due or to become due thereunder may be forfeited, for a second or any subsequent violation of the terms or condition of the anti-discrimination sections of the contract. (See Section 220-e (d) ) (e) These provisions shall be limited to'operations performed within the State of New York. (See Section 220-e(e) ) PW-3(5.80) IB-8 STATE OF NEN YORK DEPARTMENT OF LABOR BUREAU OF PUDLIC WORK STATE OFFICE BUILDING CAMPUS ALBANY, N. Y. 12240 Schedule Type-HVY / HWY 33 Date 07/08/81 Refer to: PREVAILING RATE CASE NO. T/O Southold PRC 8102904 NAS/SUF 01 to: William H. Spitz, Engineer Location and Type of Project Holzmacher, McLendon & Murrell Install asphalt concrete 125 Baylis Road pavement-SORT 81-06, Now Melville, NY Suffolk Ave, T/O Southold 1171h7 Mattituck, NY Suffolk Co. In response to your request, enclosed are schedules of the prevailing hourly wage rates and the prevailing hourly supplements for the above project, togetherwith copies of the Notice of Contract Let (PW-16) for your use. The schedules must be annexed to and form a part of the specifications for this project when it is advertised for bids. These schedules have been prepared and forwarded in accordance with Section 220 of the Labor Law, which provides that it shall be the duty of the fiscal officer to ascertain and determine the schedules of supplements to be provided and wages to be paid to workers, laborers and mechanics employed on public work projects, and to file such schedules with the department having jurisdiction. These wage rates and supplemental benefits are subject to change, and you will be periodically notified of such changes. The wage rates and supplemental benefits to be paid and provided must be those prevailing at the time the work is being performed. r Supplemental Benefits Legend used in the "other supplements" column of the Prevailing Rate Schedule: A. Health & Welfare ( includes hospital C. Supp. Unemployment Benefits I. Annuity Fund surgical or medical insurance or D. Scholarship Fund J. Benefit Fund benefits, life insurance or death E. Paid Holidays K. Security Savings benefits, accidental death or dis- F. Education Fund memberment insurance). G. Vacation L. Holiday Pay B. Ponsi on H. Apprentice Training M. Other Very truly yours, Nicholas Valentine, Jr. DIRECTOR WHEN ANY PROJECT IS COMPLETED OR CANCELLED, NOTIFY THE NEAREST DISTRICT OFFICE OF THE BUREAU OF PUBLIC WORK. ( see addresses below) State Office Bldg. Campus, A I bang N. Y. 12240 65 Court St. , Buf fa 1 o N. Y. 14202 155 Main Street West, Rochester N. Y. 14614 , 44 Hawley St. , Bi nghamton N. Y. 13901 175 Fulton Ave— Hempstead N. Y. 11550 333 East Washington St— Syracuse N. Y. 13202 207 Genesee St. , Utica N. Y. 13501 30 Glenn St. White Plains N. Y. 10603 PW-200 (6-79) IB-9 PREVAILING RATE SCHEDULE E:-tate of New York Case Number Bureau of Public Work Department of Labor 8102904 NASSAU AND SUFFOLK COUNTIES Prev- SUPPLEMENTAL BENEFIT PAYMENTS ai i i ng • OCCUPATIONS wage health basic and pen- suppl . other supplements hourly welfare Sion unemp. rate (A) (B) (C) (D) through (M) CORk DRILLER Core Dri I ler 10. 605 1. 00 74 G-. 19 Helper 9. 245 1. 00 74 G-. 19 EL1CTRTC:IAN Llectrician 15. 10 7%+. 35 5 1/2'/. . 25 G&L- 8 1/2%, H-5/8%, I-9'/., J-31A Appr. 1st term 6. 04 7'/.+. 35 5 1/2% . 25 G&L- 8 1/2%, H-5/8'/., I-9%, J-3'/. IRONWORKI:AR Ironworker-Structural 12. 95 1. 86 2. 30 Appr. 1st term 7. 28 1. 86 2. 30 G-1. 85, H-. 11, I-2. 1S Rei of orci ng-(Lather) 13. 54 1. 325 985 D-. 02, G-. 7S, H-. O1, I-1. 10 Appr. 1st Term 3. 85 1. 325 985 D-. 02, H-. O1 Ironworker-Ornamental 12. 62 1. 21 1. 55 G-1. 00, H-. 10, I-2. 00 -Cheri n Li nk 12. 62 1. 21 1. 55 G-1. 00, H-. 10, I-2. 00 Fence "Appr. 1st term 7. 57 1. 21 1. 55 G-1. 00, H-. 10, I-2. 00 MASON Or i ck I ager 12. 49 1. 33 1. 93 H-. 03, I-2. 05 Appr. 1st term 6. 25 1. 33 1. 93 H-. 03, I-. 50 PAINTER Peri rater-Brush 10. 92 1. 04 1. 04 G-. 9f3, I-. 71 Scaffold/Spray 1'3. 26 1. 26 1. 26 G-. 405, I-. 71 Appr. 1st term 6. 55 . 62 . 62 G 20, 1- 25 a Nassau Co. (N of L. I. E. to Pt. Wash BI vd. . S. of Sunrise Hwy. E. to Long Beach Rd. ) ------------------------ ------ Pai nter-Brush 10. 82 1. 29 2. 30 G-. 70, H-. OS Appr. 1st term S. 41 1. 29 1. 15 G-. 35. H-. 05 Scaffold/Spray 12. 37 1. 29 2. 30 G-. 70. H-. O5 Nassau Co. Remainder of County ------------------------------ Painter-Steel 14. 28 1. 86 2. 00 H-. 07 Power Tool , Spray 15. 28 1. 99 2. 14 H-. 08 Sandblaster(steel ) 15. 28 1. 99 2. 14 H-. 08 Appr. lst term 7. 00 . 91 . 9a H-. 03S Nassau Co. -Entire County Painter- Brush ainterBrush 12. 39 3. 22 1. 00 G-. 50, H-. 21 Steel /Bridge 15. 30 3. 22 1. 00 G-. 50, H-. 21 Spray 13. 88 3. 22 1. 00 G-. 50, H-. 21 •' Appr. 1st term 6. 42 1. 97 1. 00 G-. 25, H-. 21 Suffolk Co. PLUMBER Plumber 13. 65 1. 00 2. 0S Appr. 1st term S. 46 . 60 1. 31 G-. 70, H-. 24, I-. 29 Suffolk Co. ------------------------------ Pl umber 12. 7S 1. 10 1. 54 G-1. 10, H-. 25 Appr. 1st term 5. 10 . 44 . 616 G-. 44, H-. 10 Nassau Co. TEAMSTER Truck Driver Excavation 10. 125 1. 612S 2. 852S 1- 40 Euclid 10. 525 1. 6125 2. 852S 1- 40 Other 9. 325 1. 6125 2. 50 WELDER Welder To be paid the rate of the mechanic performing the work OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY and BUILDING SCHEDULES Print 33 IB-10 PREVAILING RATE SCHEDULE State of New York Case Number Bureau or Department of Labor Public Work 8102904 NASSAU AND SUFFOLK COUNTIES Prev- SUPPLEMENTAL BENEFIT PAYMENTS a I i ng OCCUPATIONS wage health basic and pen- suppl . other supplements hourly welfare Sion unemp. rate (A) (B) (C) (D) through (M) CARPENTER Carpenter (H/H) 13. 35 1. 85 1. 03 Helper 11. 15 1. 85 1. 03 G-. 95, H-. 05, I-. 75 Appr. 1st term 7. 3't 1. 85 1. 03 G-. 95, H-. O5. I-. 75 Nassau Co. (South of So. State Pkwy. & West of Seaford Creek ) ---------------------- -------- Carpenter CH/H) 13. 40 1. 50 1. 49 G-. 95, H-. 06 Appr. 1st term 6. 70 1. 50 1. 49 Nassau Co. Remainder Of County ------------------------------ Carpenter(H/H) 13 45 1. 33 1. 71 G-. 90, H-. 06 Appr. 1st term 6. 70 1. 33 1. 71 G-. 90, H-. 06 Suffolk Co. ------------------------------ Pi ledri ver/Dockbui Ider 13. 25 1. 8S 1. 03 G-1. 01, H-. ns. I-. 75 Appr. 1st term 7. 34 1. 8S 1. 03 G-1. 01, H-. O5, I-. 7S ------------------------------ TI mberman 12. 31 1. 85 1. 03 G-. 95. tl-. OS, I-. 75 Helper 10. 80 1. 85 1. 03 G-. 95, H-. 05, I-. 7S ELECTRICIAN-HIGHWAY MAINTFNANCE Applicable on traffic signals and street lighting only. Maj nt. Electri cian 12. 30 8% 4 1/2'/. G & 'L-6 1/2%. I-7'/. Appr. 1st terra 4. 57 aY. , H-5/8%, J-3% ` H-5/8'/., J-3% LABORER(HVY/HWY) Laborer (H%H) Basic. Concrete, Jackhammer 8. 90 10 % 13 '/• G- 75 Pipelayer, Land- Scape, Trackman 8. 90 10 % 13 % G-. 75 Power Tool 8. 90 10 % 13 V. G-. 75 Asphalt Raker, Form Setter 9. 50 10 Y. 13 % G-. 75 Asphalt Shoveler and Tamper 9. 30 10 Y. 13 V. G-. 75 MASON Coment Fi ni sher 12. 60 2. 19 2. 02 H-. 01 Appr. 1st term S. 30 2. 19 2. 02 H-. 01 SIGN ERECTOR n Erector 11. 70 82 1. 11 H- 02, 1- 43 M-Emp S. S. STRIPER Striping Mach. Oper 9. 90 . 59 . 7a G-7% Li nerman 10. 40 62 72 G-7'/. TRUE TRIMMING 'Tree Trimmer 8. 43 34 25 1st 6mo 5. 51 . 34 . 25 Groundman, OrIver Ist 6mo 6. 07 34 25 Driver 2nd 6mo 6. 36 34 25 Driver after 1 yr. 6. 95 34 25 TREE REMOVAL & LANDSCAPING Landscape Laborer 8. 90 10% 131/. G-. 75 Mulching Machine Oper. 11. 995 9% of 2. 25 G-1. 00, H-. 15. M-. 10 rate+vac. Stump Chipper Mach. 10. 97 9/. of 2. 25 G-1. 00, H-. 15, M-. 10 rate+vac. Truck Driver 9. 32S 1. 6125 2. 50 WELL DRILLER We 1 1 Dri I 1 er 10. 55 8% 2. 25 G-. 40 Helper 8. 55 8'/. 2. 25 G-. 40 OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY SCHEDULES Print 33 IB-11 PREVAILING RATE SCHEDULE State of New York Case Number Bureau of Department of Labor Public Work 8102904 NASSAU AND SUFFOLK COUNTIES Prov- SUPPLEMENTAL BENEFIT PAYMENTS • ailing OCCUPATIONS wage health basic and pen- suppl . other supplements hourly welfare sion unemp. rate (A) (B) (C) (D) through (M) SURVEY CREW (HIGHWAY & HEAVY) Party Chief 12. 16 . 90 . 70 F-. 05, G-. 70, I-1. 50 Instrument Man 10. 21 . 90 . 70 F-. O5, G-. 70, I-1. 50 Rodman/Chat nman 8. 91 . 90 . 70 F-. 05, G-. 70, I-1. 50 Survey Rates apply to those workmen employed on HIGHWAY and HEAVY contracts let on or after July 2, 1979 POWER EQUIPMENT OPERATOR (H/N) Asphalt Spreader 13. 18 9% of 2. 2S . 20 H-. 15, G-1. 00, M-. 10 Backhoe 13. 55 hourly Boring Machine 13. 12 rate + Bulldozer 12. 37 vac. Compressor-Single 11. 995 Compressor-2 or more in battery 12. 60 Concrete Pump 12. 64 Concrete Spreader 13. 18 Concrete Breaker 11. 28 Conveyor 12. 37 Crane 13. 18 Location, Effective Date and Dragline 13. 55 Supplemental Benefit Payments Finishing Machine 12. 37 are the same for all Powgr Equipment Fireman 12. 37 Operators. Generator 12. 29 Grade-All Oper. 13. 55 Grader 12. 585 Front End Loader 12. 905 Mai nt. Eng. 12. 37 Mulching Machine 11. 995 Oiler 10. 97 Piledriver 13. 55 Post Driver (Guard Rail ) 13. 12 Power- Broom 11. 425 Pump (Under 4") 11. 995 Pump (Over 4") 12. 38 Ridge Cutter 11. 28 Roller - 5T & Under 12. 37 Roller - Over 5 Ton 12. 72 Scraper 12. 37 Shovel 13. 5s Stump Chipper 10. 97 Tractor-Caterpiller or Wheel 10. 755 Track Tamper 10. 97 Trenching Machine 13. 395 OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY SCHEDULES Print 33 IB-12 HOL=MACHM MoLEN M&1►IlJR14Lt.RC.I HVA CARR. ODIN1KfNN 0410 MfM AMO OrMA ADWAL 800aw" [ PROPOSAL - BIDDER'S DECLARATION TO THE TOWN BOARD of the TOWN OF SOUTHOLD, SUFFOLK COUNTY, STATE OF NEW YORK: BIDDER'S DECLARATION: The undersigned, as Bidder, declares that the only person or persons interested in this Bid or Proposal. as principal or principals is or are named herein and that no other person than herein named has any interest in this Proposal or in the Contract proposed to be taken; that this Bid or Proposal is made without any connection with any other person or persons making r, a Bid or Proposal for the same purpose; the Bid or Proposal is in all respects without fraud or collusion, that he has examined the site of the work, the Form of Contract and Specifications, and the Drawings therein referred to, and has read the Notice to Bidders, Information for Bidders and General Conditions hereto attached and fully understands all the same; that he proposes and agrees, if this Proposal is accepted, that he will contract with the TOWN BOARD of the TOWN OF SOUTHOLD.. in the Form of Contract accompanying this Bid, to perform all the work required in accordance with the Plans and as mentioned in said Form of Contract, Specifications, Notice to Bidders, Information for Bidders and General Conditions, and he will accept in full payment , therefore, the following sums to wit : 7/7 P-A RT HOIZMACNER,MCLENDON&MURRELL,P.C.1 NZM CORP. CONSULTWO ENGINEERS AND OWP ONWNTAL SCIENTISTS PROPOSAL (CONT'D) PLACING BINDER, TOP, AND NEW SUFFOLK AVENUE SHOULDER COURSE ASPHALT CONCRETE TOWN OF SOUTHOLD PROJECT NO. SOHT-81-06-B SUFFOLK COUNTY, NEW YORK BID DATE: SEPT. 24, 1931 10:00 A.M. ITEM 51F Place and Construct a Two-Course Asphalt Concrete Pavement, Type lA Top and Binder Approximately 800 Tons Price per Ton. . gee. C�ol�c�XS . ($ rtio ) Dollars TOTAL. &_C tjoj_s Dollars ITEM 51Y Place and Construct Asphalt Concrete Shoulder Pavement Approximately 500 Tons Price per Ton. Dollars TOTAL. _ . . . . . u�r��!e y l?ZAc�S . . . . . . Dollars NOTE: IT IS HEREBY BROUGHT TO THE BIDDER'S ATTENTION THAT BIDS FOR THIS CONTRACT ARE BEING RECEIVED BY THE TOWN OF SOUTHOLD CONCURRENTLY WITH BIDS FOR CONTRACT NO. SOHT-81-06-A, "FURNISH AND DELIVER BINDER, TOP, AND SHOULDER ASPHALT CONCRETE TO NEW SUFFOLK AVENUE. " THE BIDDER IS OFFERED THE OPPORTUNITY TO COMPLETE AN ALTERNATE BID FOR THIS CONTRACT (NO. SOHT-81-06-B) WHICH WILL APPLY IF IT I THE SUCCESSFUL BIDDER ON CONTRACT NO. SORT-81-06-A. THE BIDDER, BY COMPLETING AND SUBMITTING THIS ALTERNATE BID, UNDERSTANDS AND AGREES. THAT THIS ALTERNATE BID WILL BE CONSIDERED AS ITS PROPOSAL FOR WORK UNDER THIS CONTRACT IF AND ONLY IF IT IS THE SUCCESSFUL BIDDER ON CONTRACT NO. SOHT-81-06-A AND AWARDED BOTH CONTRACTS. PB-1 HOLZMACHER,MCLENDON i MURRELL,P.C.1 H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS PROPOSAL (CONT-D) PLACING BINDER, TOP AND NEW SUFFOLK AVENUE SHOULDER COURSE ASPHALT CONCRETE TOWN OF SOUTHOLD PROJECT NO. SOHT-81-06-B SUFFOLK COUNTY, NEW YORK BID DATE: SEPT. 24, 1981 10:00 A.M. Alternate Item A-51F (Applies only to Successful Bidder for Contract No. SOHT-81-06-A) Place and Construct a Two-Course Asphalt Concrete Pavement , Type 1A Top and Binder Approximately 800 Tons Price per Ton. �I;f�c ��s ($ •O ) r Dollars TOTAL. D611 ats. ($ �.;� •`� ) i Alternate Item A-51Y (Applies only to Successful Bidder for Contract No. SOHT-81-06-A) Place and Construct Asphalt Concrete Shoulder Pavement Approximately 500 Tons `\ Price per Ton. t�G.�f��A�' S . {$��9 ) Dollars ollars TOTAL. r �1�.���alt�. �p��C►l S . . . . . . . . . . ($ 5 0O ) Dollars PB-2 HOLZMACHER,MCLENDON&MURRELL,P.C.l H2M CORP. . CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS PROPOSAL CONT'D Wk PLACING BINDER, TOP, AND NEW SUFFOLK AVENUE SHOULDER CONCRETE ASPHALT CONCRETE TOWN OF SOUTHOLD PROJECT NO. SOHT-81-06-B SUFFOLK COUNTY, NEW YORK BID DATE: SEPT. 24, 1981 10:00 A.M. TOTAL BID (SUM OF ITEM 51F ANDITEM5n1Y) TOTAL. �`.�,, ,T1..ks�►�T �Ihe. ,h �J�t, o�a�lcw.5 . f . . . ($ 3 900 ) Dollars *ALTERNATE TOTAL BID (SUM OF ALTERNATE ITEM A-51F AND ALTERNATE ITEM A-51Y) TOTAL. �e' T'�a� U�1,4, VwA&- , �p�Ia�S , ($ `t00.'0 ) . . Dollars COMPLETION DATE SHALL BE 30 CALENDAR DAYS AFTER SIGNING THE CONTRACT LIQUIDATED DAMAGES SHALL BE $50.00 PER DAY BIDDER'S NAME: _T BIDDER' S ADDRES 1 SIGNED BY: ITLE U--L QtCAILLA DATE: °11a��81 *Applies only if Bidder is the Successful Bidder on Contract No. SOHT-81-06-A and Awarded Both Contracts PB-3 &Mum"LL.Pt- I "am OW. OOIiW1.TIMM1 OIOMIaM Al10 bIMMONMORA4 1GEE#1►N'A PROPOSAL - (CONTD.) Ilk Enclose certified check or bid bond for five percent (5x) of the total bid, as stipulated in the foregoing Information for Bidders. The Bidder hereby agrees to enter into a contract within seven (7) days after due notice from the Town of Southold that the contract has been awarded to him and is ready for signature, such • notice to be given in writing within forty-five (45) days of the date o opening of the bids, and on the signing of such contract by him to furnish the indemnifying bonds as provided in the Contract. And, the Bidder hereby further agrees that in the event of his failure or refusal, to enter into a contract in accordance with this bid within seven (7) days after due notice from the said Town Board as given in accordance with the Information for Bidders, and/or his failure to execute and deliver the bond for the full amount of the contract price as provided in said Information for Bidders, that 1-he bidder's check which is herewith deposited with the Town shall, at the option of said Town, . become due and payable as ascertained and liquidated damages for such default, otherwise the said check shall be returned to the undersigned. The full name and residences of all persons and parties interested in the foregoing bid as principals are as follows: NAME ADDRESS NAME OF BIDDER: a.1y PtWj 1. BUSINESS ADDRESS OF BIDDER: DATED AT: °I:4Q R"• TfiE_k_DAY OF P-C HOLMACHM MdXkWH& mal,P.C. I HIMtom. a�w�nso DOOM s AND WWWAMMOMU !ao+►srs PIkOFO:AL - (CONT'D. 1 Ngfi-GOLLUSI F BIDDING CFRTIF_ICATE By submission of this bid, each bidder and each person signing on 'behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: 1. The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with/ any other bidder or with any competitor; and 2, Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor: and 3. No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition. Dated: -4q� . By. This bidder cannot make the foregoing certification and a statement signed by the bidder is attached setting forth in detail the reasons therefor: w i P-D HQLZMUCHER, Mc4E m i MURRELL, P.c. / H2M CORP. CONSULTING 0101HURi AND W WAIMOITAL SCIENTIST! INDEMNITY, LIMITATION OF LIABILITY 1. INDEMNITY The Contractor and all sub-contractors performing work in connection with this contract shall HOLD - HARMLESS, INDEMNIFY and defend the OWNER and ENGINEER, their consultants, and each of their officers, agents and employees from any liability, claims, losses or damage including reason- able costs of defense arising out of or alleged to arise frdm the Con- tractor's or sub-contractor's negligence in the performance of the work described in the Contract documents, but not including liability that may be due to the sole negligence of the OWNER, ENGINEER or their officers, agents and employees. 2. LIMITATION OF LIABILITY The Contractor and all sub-contractors agree to limit the liability of the OWNER and ENGINEER due to the Engineer's professional negligent errors or omissions such that the total aggregate liability of the engineer to those named shall not exceed fifty thousand ($50,000. ) dollars, or 5% of the contract award amount, whichever is greater. 10/80 ILL 1 of 1 HOLZMACHER, MCLENDON d MURREtl. P.C. I HZM CORP. CONSULTING VMINUA& AND JmVIMNMQ/TAL MENTIm CONTRACT a*TTS SHO LDER CONTRACT IN QUADRUPLICATE FOR PLACING BINDER,, TOP. - COURSE ASPHALT CONCRETE ON NEW SUFFOLK AVENUE AT TOWN OF SOUTHOLD , SUFFOLK COUNTY , NEW YORK , elated 1:1 , BY AND BETWEEN THE TOWN BOARD OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY , NEW YORK , (herein called the "Town , " and (herein called the "Contractor" ) . WITNESSETH , that the Town and the Contractor, in consideration of the premises and of the mutual covenants, considerations and agreements herein contained , agree as follows: This Contract is hereby awarded to the Contractor for the work and material called for under his bid in the Proposal section of the Contract and designated as Items: and if required by the Consulting Engineer, Items: for the sum of: Dollars for the unit and/or lump-sum price(s) as listed in the Proposal herein. C-1 W ZMACHER, McLENDON i"MURRELL. P.C. I H2M CORP. crosuLint o aNaimuRs AND ENVII40NUGHAL sCiEflT M CONTRACT - CONT'D. 1 . CONTRACT DOCUMENTS AND DEFINIT[ONS The Notice to Bidders, Information for Bidders, Proposal , General Conditions, Contract , Specifications and Plans, together with any Addenda , shall form part of this Contract , and the pro- visions thereof shall be as binding; upon tale parties hereto as if they were herein fully set J'orth. The titles , headings, head- lines and marginal notes contained herein are solely to facilitate reference to various provisions of the Contract. Documents and in no way affect , limit or cast light upon the interpretation of the provisions to which they refer. Whenever the term "Contract Docu- ments" is used, it shall mean alld include tills Contract , the Plans, Specifieatious, any Addenda , and the Notice to Bidders, Information for Bidders, General Conditions and Proposal . In case of any con- flict or inconsistency between the provisions of the Contract and those of the Specifications, the provisions of the Contract shall govern. WORK: The ' terin "Work" , as used herein, refers to all of the work proposed to be accomplished at the site of the project and all such other work as is in any manner required to accomplish the completed project , and includes all plant , labor, materials, supplies, equipment and other facilities and acts necessary or proper for or incidental to the carrying out and completion of the terms of this Contract . The term "work performed" shall be construed to include material delivered to and suitably stored at the site of the project . EXTRA WORK: The term "Extra Work" , as used herein, refers to and includes all work required by the Town which, in the judgment of the Engineer , involves changes in or additions to work required by the Plans, Specifications and any Addenda in their present form. SUBCONTRACTOR: The term "Subcontractor" , as used herein, shall mean any person, firm or corporation applying labor and material for work at the site of the project , but not including the parties to this Contract. ENGINEER: In the performance of the work, the Town shall be represented by its Consulting; Engineer HOLZMACHER, McLENDON & MURRELL, P.C. , (herein called the "Engineer") . SUPPLY CONTRACTOR: The terms, "Supplier" , or "Supply Contractor" , as used herein, shall mean any person, firm or corporation involved in the manufacture, transport, and delivery of the asphalt concrete materials to be placed under this Contract. C-2 HOLZMACHER. MCUNWN&MURR" F.C. / HAI COR'. CONSUMNO MUM" ANO LNVIOONMENTAL SCIENTISTS CONTRACT - CONT'D. NOTICE - The term "Notice:" y as used herein , shall mean and 4 include written notice. Written notice shall he deemed to have been duly served when delivered to, or at the last known business address of , the person, firm or corporation for whom intended or to his, their, or its duly authorized agents, representatives or officers, or when enclosed in a postale prepaid wrapper or enve- lope addressed to such person, firm or corporation at his , their, or its last known business address and deposited in a United States Mail Box. DIRECTED, REQUIRED, APPROVED, ACCEPTABLE - Whenever they refer to the work, or its performance, "directed" , "required" , "permitted" , "ordered", "designated" , "presevibed" , anti words of like impart shall imply the direction , requirement , carder , designa- tion or prescription of the Engineer, and "approved", "satisfied" , or "satisfactory" , "in the judgment of" , and words of like import , shall mean approved or acceptable to, or satisfactory to, in the judgment of tile Engineer. 2. SCOPE OF THE WORK The Contractor will furnish all plant , .labor, material , supplies, equipment and other facilities and things necessary or proper for or incidental to, the work contemplated by this Contract as required by, and in strict accordance with, the applicable Plana, Specifications and Addenda prepared by the Engineer and/or required by and in strict accordance with, such changes as are ordered and approved pursuant to this Contract, and will perform all other obligations imposed on him by the Contract . 3. COMPENSATION TO BE PAID TO THE CONTRACTOR (a) Agreed Prices : It is understood and agreed that the Con- tractor will accept as payment in full the summation of products, of the actual quantities in place upon the completion of the work, as determined by the Engineer 's measurements by the unit prices bid, no allowance being made for anticipated profit or for reason ' of variations from the estimated quantities sept forth in the Proposal. (b) Extra Work and/or Changes : The Town may, at any time, by a written order, and without notice to the sureties, require the performance of such extra work or changes in the work as it may find necessary or desirable. The amount of 'compensation to be paid to the Contractor for any extra work, as sea ordered, shall be determined as follows : C-3 BID BOND o The Approved by The American tnstitute of Architects, C,=,i;J1e11W [rums =ice A.I.A. Document No. A-310 (Feb. 1970 Edition) compw1e, KNOW ALL MEN BY THESE PRESENTS, That we- Central- Suffolk Pasri nrr T_ _lD Rogers Avenue, Westhampton Beach,NY as Principal, hereinafter called the Principal, Firemens' Insurance Company of Newark, and-----__^ — _ , of �-�_-�IQl].n.�trae-t-,-N�--��'}4-,--AT-Y._._.—____ --- - --- ---" — r as Surety, hereinafter called the Surety, are held a corporation duty organized under the laws of the State of �To_�,o,�_?eY9o`r---- and firmly bound unto --- _ ___, as Obligee, hereinafter called the Obligee, — - ---- — ------------------------------ Dollars in the SLIM of Five Pgrcent (59s) of and the said Surety bind our --), for the payment of which sum well and truly to be made, the said Principal y� selves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. t P1 ac�i ast�halt c �t.�' on NPw C" '-folkAvP__rL e WHEREAS, the Principal has submitted a bid for g--=---- • 4 e bid of the Principal and the Principal shall enter into a contract with the Obligee NOW, THEREFORE, if the Obligee shall accept th in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if.the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. 24th September –A. G. 19__81 Signed and sealed this day of Central Suffolk Paving Inc, — — (Seal) -- -------- - (P -7-b b) (Title) (Witness) Vi ramPn' s Insu ance __TP an of Newar , NJ Seat) (Surety) - - --- —.-����-1A.�4-.-- -- --------- Title) ---- -- (Witness) Attorney Robert A. Bauer t �a rDn PRINTED IN U.S +O 4392C NOTARIAL ALKNOWL-ED-GMFNT ) INDIVIDUAL ACKNOWLEDGMENT State or—-- --- s (:oonty oi- -------- ---- On thio-__- day of-__-_-_ ____-- --- in the year 19 before me personally came --- --------- ------ - --- ---- to me known and known to me to be the person described in and who executed the foregoing instrument, and acknowledged to me that he executed the same. PARTNERSHIP ACKNOWLEDGMENT titate of - ss.: County of-- in the year 19 thio---- --- -----day of ----- -` On . a member of the before me personally came _______--- ----- to me known and known to me %,opartnership of- -- ---- ----to be the person described in and who executed the foregoing instrument, and acknowledged to me that he ex- rcuted the some as and for the act and deed of the said copartnership. r CORPORATE ACKNOWLEDGMENT titate of-__Nwol'G.K-- -- -------- s s. County or -- �,. S£P `<✓hai in the year 19--- (7n this----- -- _'.-f.------ - .. -- ------ y herore me personally came to me known, who, being by me duly sworn, did depose and say that he resides in - E:: S E7Auki Yoe < that he is they. F StOF Ai? ------ ur the ___9:tf S � �v,n,6, -- the corporation described in and which executed the foregoing instrument; that he knows the corporate seal ( the .aid rorpuration; that the seal affixed to the raid instrument is such corporate seal; end that it was so affixr l b, order of the Board of Directors of the said corporation, and that he signed his name thereto by like order. z S0ZmTt+.. .-i:)Vt ltvir 1VoTl�rZy�ut3t ICS S7HT�aP- IU£uJYo/�I` Printed In V,S.A. Bond 643A No, 4r7y�lIII SuFFouc &O#VTy I�Rrn ��tJs 3-30- $-3 _. HNANt iAL 51A1 tMtN 1 _ Firemen's InsurcmCe a!om1pc[ny of Newark, New Jersey AS OF DFUMBER 31, 1179 i ASSETS LIABILITIES CAPITAL& SURPLUS $ 2.,373,473 Reserve for Uneamed Premiums.. . .. . 5 222,430,616 Cash .... . . . 460,821,111 .,,, 1,013,386,467 Reserve for Losses..... ... . .. .... . . . Bunds ai Id Stocks. ... .. . . . . . . .. . 60,185,57? lnten;st, Dividends& Reserve for Loss Expenses. ... . . . . . . . 11,836.521 Reserve for Taxes&Expenses.. . . .. .. 20,575,509 Rents Accrued. .. . . . ... . .. . .. 5 Reserve for Other Liabilities. .... . .. . . . 26,984,548 Agents Balances Receivable. . . .. .. .. 11459,060,000 25, ,000 Total Liabilities.. . .. . .... . .... . . .. $ 790,397,356 Real Estate. ..... ....... ... . .. ..... . Capital 15,000,000 Other Assets . . . . .... . . . . ... . . .. ... . 9,898,t 62 315,672,026 Surplus .. . . . . . .. ..... .... . . ...... .. Policj,holderJ Surplus. ......... . ... 330,672,026 Total Admitted Assets. .......... .. ... S 1,12.1,669,38?_ Total Liabilities. Capital&Surplus... . .. S 1,121, 669,382 STATE OF NEW YORK COUNTY OF NEW Yoni< SS: CITY OF NEW YORK F.M. Colalucci, being duly swom says, That he resides in Glen Head, New York and that he is Secretary of FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, that said Company is a Corporation duly organized.existing, and engaged in business as a Surety by virtue of the Laws of the State of New Jersey and has duty complied with all the requirements of the taws of said State and the Laws of the Slatu of New York applicable to said Company, and is duly qualified to act as Surety under such laws;that said Company has also complied with and is duly qualified to act as Surety under the Act of Congress approved July 30, 1947, 6 U.S.C. secs. 6-13 to qualify as sole surety on recognizances, stipulations, Bonds and undertakings permitted or required by the laws of the United States, to be given with one or more sureties;and that the foregoing is a full,true and correct statement of the financial condition of said Company on the 31st day of December 1979 to the best of his knowledge and belief. Sworn to before me this 3rd clay March 1980 •P Jtlt 1.: CERTIFICATE ----- — ETHEL TARANTO Secretary NOTARY PUBLIC.State of New York No 24.46631t7 Qual.in Kings county Comm;sston Expires March 30.1962 SURETY ACKNOWLEDGMENT State of New York ---- County of _ New York ss.: City of _ New York _ On this 24th __ day of _.SP Pt PmhA r in the year 19 81 before me personally came Robe A_ Rauer to me known,who, being by me duly sworn, did depose and say that he resides in Flushing__. that tie is the Attorney of Firemen's Insurance Company of Newark, New Jersey, the corporation described in and which executefl the attached instrument;that he knows the corporate seal of the said corporation;that the seal affixed to the said instrument is such corporate seal; and that it vas so affixed by order of the'Board of Directors of the said corporation, and that he signed his name thereto by like order. - --- s Notary Public NMY Public, State of New Ywk No. 41-4660961 Qualified in Queens County Commission Expires March 30, 197A PmW n U.L.A. ra C,. L,ox?z�-��� 1'J O jy(�Vr'Llt its jn t=W j- 8o Maider-1 L�°.tt::, (�r`c'W YOr E<, Ne\m Yc)rk 10038 GE,ME4,AL POWER UF ATTORNEY hrlUwlClll 111Cfl by 'IhCSC F>rE'.SCflls,ttheft,?,rt'.htltsndcirS't�la�jCCOfrlllutC�inld appoOr: fJEwnf31K, NEW a I)C) 1 ,.r _ t ji-;,. . rat C.O:) iIl1IQ<1 gird gip( St.eptt%�rl r'. h'lulc'- �r }Zolx YL' A. In•��ucr, Ix,t?: o* New Yc�rJ;, f7e4/ York , rTt ? ' . ,tnd st(��1d t..l execute on behalf of the said Company. as surely,bonds. ;a,.ful attorney for.it and in itS n3 Heli;:tr:l•• :l c'. awd contracts of surch/51ip to _ �tll chy� ees . provi 'e ; ttla.t no Fond or undertaking or caneract of ep.uretysh executed un(Jer this authority shall exceed in amount the One J•fillioit ($1,000,000. ) Do11:trs. f'r,: i r Of Attorney i;granted and i^ tii9i": I ;utd s(::alc:1 by fi:c�imlli: under and by the.uthority of the following Reso- luli('[1 t:,y lh(:Board of DircclOrS Of III(' i _h.1CiJ C ,. I(,"t.;f;l•�a17 CO;\,1PANY OF NEWARK.NFW JERSEY at a rneel- my truly !!ed :Inc; ricId on the 20th (fay of February. 1975. EKecutive-: V (). that the Ctlairman of the(3oand.Ilh.,t `�,r;n stir any n ct t le't'' �•/M e.�1(:!Ad of IBJ Cr Cule r'o'C s oce rf Attorney ouyCfyiin0 the atlonior Vice s- i::er; <,rt.: f'rc:nl2oi of the company. bo. ;nCtet'r• or;,:,,'.;t tsars 5eerelary be.and that each or any of Thom here- „-,::,..•, �n site nr�nn Pourer o1 Att:xney to c•tcc•.,tr. n, t•r�lra;f of FIREt.1t.t;`.: u�liUl(AtJC.t_ CCih/�ANY Or NEY/A{{K•NKV!JC:Ft"LY,bons)..under. CUntra::C:of surehysh,p,and that an l i i�l�,r c(rl..:urrr su y�arrf to:,�:Bch tt,erc,:u tt'.'.:teal cf the Company. . by n� :.,..'"...>n;,•::h.lttCsl the e►ecutwn t'f.ny GvG 0 any such v r f At:orn(, or to an SOLVCO.Ihat V,e!'i InaturC5 p!':nr.h M.,:ws an(I Ihct S:••n u!Urt:Crr�++lt•�'�I m'y be D'^n,s�S tilizWrCS Of f i sC+Oo scat!.rlall to Valid CCrI,'," '. :r:�•it�::`) Ihi:tf::0 by fats+^ tilts.and,in-/such r',,...•r of Allumoy rtr,,('M tate L.c.t,,n- .,rGh Ia..s J �;n ;!+e C^mpany when _:: alr+z,:J r•'+J r•^• :`+' luhur::.ilh r.a-pre; to any bunt!.undeltak,ng or Con:raU or l:uretysh,p to which it,s attach- .ad tr. ..: :• , :�;.. cd Whereof, the FIREMCN'S IN;t.ift^t''.CF COPED/+NY OF NEWARK, NES"!JERSEY has caused its oflicia( seal h�� i,r:;c .u310 aIfixed d the es -) o tit resents t ' signed by oil(! c! its Vice rresidents and attested by one of its Asisfant Vice t0 M Presirl, .t:s this ircf day o1 January. 1979 Et'.^L;J .; ltdSUCo mf iN�iy OF fJEWARK. NEW JERSEY By / I / atVIN 1:•t'/l'swent Prc:ct,rn, 'i htL Port. / T H $ICOhCnS.As'•'SWnt V,CC , OF IJEbV YORI<. COU'! if= NF:Y`! YORK. Inc who being b me duly sworn, n M.L. F(lr(1, to knot n, g Y O;1 tiu . 3r.1 tray of January, 1079. before n ;r pelsona,.y can., r ria- field Avenue. that (fid rlctr and say that h( re ,ides in Surnrn,t, in the! County of i�ssex, Slate o. ldevv Jersey. at 1613 S;• 0 ;Ind sid,nt t the f IR(, ill ti IfJSUi��t` COIAF'/.i.,i, OF NEWARK. NFlq Ji!RSEY, the corporation described , . IPseal dto ttaid lt '` olsaid corporati0n; that in ;if; v>.tcutad tho ibo`oi strunio by ofthefioDirectors of said coportionand hahe instrUInt':;t I; ccporaC > ifii:c _ h;,i tizone !h(:reto by fi{:c order. ) /" •`. :r• LIHEL 1ARM410 t:OfAiN PUW,IC State of t:ay Tota Na 24 11 Ot:el to rttl;;Courn CE f?T I r I GAT E CSnrt; r; 1 tpuCS U:tt.)30 I3a PANY OF: NEWARK. ! unrter;i0ncd. an As:ast(tnt Socrelaf y'T'! lf 010 Fit i�fr 1\4"hcoinJ and off,to t•heCE d Po Power O Attorney rerna ns,in fLJERSEY. y F t „rl tl,a, ..1.. t s3.1 Power of Al t N�•:: J('"•iry crr.lxtratton. U(U Iii. f{_:E3Y CC an,I i, , , „t,! ltt en IC'vokCCf, Anti furtht�rmorr t'li,t tn(: ftesot(,tion Of the Board of Director:. et forth in the ti' tcrrn���,• ,•: Hilus ut force 1!61 , ;:rrilr .i ;snit �ect rt the City York n,,(C`d llu, 24th ddy ()I September r art Kr.lnp AS'•'st?^1 Gn�r Ct.try MCLZMACHEA, MCUN0ON&MURR" F.C. / HM CORP. CMSULTING V*Wpi " ANO u+VIMMMo+TAI 8CIUMUf CONTRACT - CONT'D. (1) By such applicable unit prices, if any, as set forth in the contract , or (2) If no such unit prices are set forth, then by unit prices or by a lump sum mutually agreed upon by the Town and the Con- tractor, or (3) If no such unit prices are set forth, and if the parties cannot agree upon unit prices or a lump sum, then by actual net cost in money to the Contractor of the materials, permits, wages, or applied labor, premiums for Workmen's Compensation Insurance, payroll taxes required by law, rental for plant and equipue nt used (excluding small tools) to which total cost will be added twenty percent (20%) as full compensation for all other items of profit , costs and expenses, including administration, overhead, superintendence, insurance, insurance other than Workmen 's Compen- cation Insurance, material used in temporary structures, allowances made by the Contractor to subcontractors, additional premiums upon the Performance Bond of the Contractor and the use of small tools. 4 . TIME OF ESSENCE Inasmuch as the provisions of this Contract relating to the time for performance and completion of the work are for the purpose of enabling the Town to proceed with the construction of a public improvement, in accordance with a predetermined program, such pro- visions are of the essence of this Contract . 5. COMMENCEMENT OF WORK The Contractor agrees that he will commence work within ten (1.0) consecutive calendar days after signing this Contract, and that the day he commences work shall constitute the first of the consecutive calendar days allowed for completion of the work. C-4 HOLZMACHER, McLENOW y MURR" P.C. 1 H2M CORP. CONauunme v#eow " AND LMVIMMMUITAL SCIUMM CONTRACT - CONT'D. 6. TIME FOR COMPLETION The time for completion of this Contract shall be within the number of calendar days stated in the Bid Proposal and the date of such completion shall be the date of the certificate of com- pletion hereinafter specified. The Town reserves the right to order the Contractor to suspend operations when, in the opinion of the Engineer, impro- per weather conditions make such action advisable, and to order the Contractor to resume operations when weather and ground con- ditions permit. The days during which such suspension of work is in force are not chargeable against the specified completion time. 7. LIQUIDATED DAMAGES FOR DELAY b The time limit being essential to and of the essence of this Contract, the Contractor hereby agrees that the Town shall be, and is hereby authorized to deduct and retain out of the money which may be due or may become due tosaidContractor under this agreement , the sum of fifty dollars ($50.00) 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 Town 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, provided, however, that the Town 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 with- out his fault, or negligence, including but not restricted to Acts of God or of any public enemy, acts or neglect of the Town , acts or neglect of any other Contractor, fires, floods, epidemics, quarantine restrictions, strikes, riots, civil commotion 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 Town. No such extension of time shall be considered a waiver by the Town 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 obliga- tions hereunder. C-5 HOIZMACHER, McLENDON d MURRELL, P.C. / H2M CORP. CON>IULTINO ENOINUM AND ENVIAMMUHAL KIENT M CONTRACT - CONT"1). 9. CONTRACT SECURITY (a) 'Phe Contractor shall furnish a Pert'ormance Bond in an amount equal to one hundred percent ( 100` ) of the total contract price as security for the faithful performance of this contract , and for the payment of all persons performing labor or furnishing mater- ials in connection with this Contract . (b) Additional or Substitute Bond : 11' , at any time , the Town shall be or become dissatisfied with any surety or sureties , then upon the Performance Bond, or if , for any other reason , such bond shall cease to be adequate security to the Town , the Contractor shall. , within five (5) days after notice from the Town , substitute an acceptable bond in such form and sum, and signed by such other surety as may bei satisfactory to the Town . The premiums on suc91 bonds shall be paid by the Contractor. No t'urt.her payments shall be deemed due , nor shall be made: until the new .surety shall have been qualified. (c ) Prior to release of the Performance Bond , the Contractor shall deliver ' to the 'Town a Maintenance Bond equal to one hundred percent (100`0) of the total Contract price, l.ncludinb all extras. This Maintenance Bond shall remain in full force and effect for a period of one (1 ) year after the date of the final certificate and such bond, which shall be executed by the Contractor and issued by a reliable, solvent surety company authorized to do business inthe State of New York shall guarantee to the Town that the Contractor shall promptly remedy any defects or faults that may occur within twelve (12) months after completion and acceptance of the work performed by the Contractor pursuant to this Contract. 10. CONTRACTOR 'S INSURANCE The Contractor shall not commence any work until he has obtained and had approved by the Town all of the insurance required under this Contract , as enumerated herein : Compensation Insurance Public Liability and Property Damage Insurance Contractor's Protective Liability and Property Damage Insurance Owner' s (Town of Southold) and Engineer's Pro- tective Public Liability and Property Damage Insurance Automobile Public Liability and Property Damage Insurance C-6 HOLZMACHL% MCMDON i MURRELI., P.C. / KW CORP. cohsuilnmo Ororwxm Amo rxvowmMO1Tµ so utTi m CONTRACT - CON1" D. t The Contractor shall not permit any subcontractor to commence any operation on the site until satisfactory proof of carriage of the above required insurance has been posted with, and approved by, the Town. (a) Compensation Insurance: The Contractor shall take out and maintain, during the life of this Contract , Workmen's Compensation Insurance for all of his employees employed at the site of the pro- ject , and in any case of any of the work being sublet, the Contractor shall require the subcontractor similarly to provide Workmen' s Com- pensation Insurance for all of the latter's employees, unless such employees are covered by the protection afforded by the Contractor. (b) Public Liability and Property Damage Insurance: The Con- tractor shall take out and maintain during tlo life of this Contract such Public Liability and Property Damage Insurance as shall pro- tect him and any subcontractor performing work covered by this Contract for claims for damages for personal injury, including accidental death, as well as from claims for property damage which may arise from operations under this Contract , whether such opera- tions be by himself or by any subcontractor, or by anyone directly or indirectly employed by either of them, and the amounts of such insurance shall be as follows: Public Liability Insurance in the amount not less than Five Hundred Thousand Dollars ($500,000. ) for bodily injuries, including wrongful death to any one person, and subject to the same limit for each person in an amount not less than One Million Dollars ($1,000,000. ) on account of one accident . Property Damage Insurance in an amount not less than One Hundred Thousand Dollars ($500,000. ) for damages on account of any one accident and in an amount of not less than Two Hundred Thousand Dollars ($1 ,000,000. ) for damages on account of all accidents . (c) Liability and Property Damage Insurance: The above policies for public liability and property damage insurance must be so written as to include Contractor 's Protective Liability and Property Damage Insurance to protect the Contractor against claims arising from the operations of any subcontractor. C-7 HOLZMACHER, MCIENDON a MURR" P.C. / H2M CORP. CONSULTING WGINUM AND ENVIft"Me"T" SC1ENTIM CONTRACT - CONT'D. (d) Owner's and/or Engineers Protective Public Liability and Property Damage Insurance: (Town and/or Town Board, Town of Southold and/or Iiolzmacher, McLendon & Murrell , P.C. ) The Con- tractor shall furnish to the Town with respect to the operations he or any of his subcontractors perform, a regular Protective Public Liability Insurance Policy for and in behalf of the Town and/or Town Board, Town of Southold and/or }lolzmacher, McLendon & Murrell, P.C. , providing for a limit of not Less than $500,000. for all damages arising out of bodily injuries to, or death of one person and subject to that limit for each person, a total limit of $1,000,000. for all damages arising out of bodily inju- ries to, or death of, two or more persons in any one accident ; and regular Protective Property Damage Insurance providing for a limit of not less than $500,000. for all damages arising out of injury to, or destruction of, property in any one accident and subject to that limit per accident a total (or aggregate) limit " of $1 ,000,000. for all damages arising out of injury to, or des- truction of property during the policy period. The insurance must fully cover the legal liability of the Town and/or Town Board, Town of Southold as owner and/or Holzmacher, McLendon & Murrell, P.C. The coverage provided under this policy must not be affected if the Town and/or Engineer performs work in colillection with the project either for, or in cooperation with, the Contractor or as an aid there- to, whether the same be a part of the Contract or separate there- from, by means of its own employees or agents, or if the Town and/or Engineer directs or supervises the work to be performed by the Contractor. (e) Automobile Public Liability and Property Damage Insurance: The Contractor shall take out and maintain during the life of the Contract such automobile public liability and property damage insurance as shall protect him and any subcontractor performing work covered by this contract from claims for damages for personal injury, including accidental death as well as from claims for property damage which may arise from operations under this Con- tract, whether such operations be by himself or by any subcontractor, or by anyone directly or indirectly employed by either of them and the amounts of such insurance shall be as follows: C-S HOLZMACHER. MCUNOON b MURRELL. P.C. / HZM CORP. CONOULInNO 101101mu" AND ENVIRONMEXTAL MOM" CONTRACT - CONT'D. Automobile Public Liability Insurance in an amount not less than Five Hundred 'Thousand Dollars ($500,000. ) for bodily injuries, including wrongful death by any one person, and subject to the same limit for each person in an amount not less than One Million Dollars ($1,000,000. ) on account of one accident . Automobile Property Damage Insurance in an amount of not less than One Hundred Thousand Dollars ($100, 000. ) for damages on account of any one accident, and in an amount of not less 'than Two Hundred Thousand Dollars ($200,000. ) for damages on account of all accidents. 1.1 . PROOF OF CARRIAGE OF INSURANCE The Contractor shall furnish the Town with certificates of each insurer insuring the Contractor or any subcontractor under this Contract , except with respect to subdivision (d) of Paragraph 10. In respect to this paragraph, the Contractor shall furnish the Town with the original insurance policy and a copy to the Engineer. Both certificates, as furnished, aid the insurance policy, as required, shall bear the policy numbers, the expiration date of the policy and the limit or limits of liability thereunder. Both the certificates and the policy shall be further endorsed to provide the Town and Engineer with any notice of cancellation at least five (5) days prior to the actual date of such cancellation. C-9 HOIZMACHER, MCLENDON 8 MURRELL, P.C. / N2M CORP. CONSULTING DMINUAG AND LMVIROMMWTAL SCIWTIM CONTRACT - CONV D. 12. COMPLIANCE WITH LABOR AND PENAL LAWS The Contractor hereby expressly agrees to comply with all the provisions of the Labor Law and any and all amendments thereto, insofar as the same are applicable to this Contract . The Labor Laws, as amended, provide that no laborer, workman or mechanic in the employ of the Contractor, subcontractor or other person doing or contracting to do the whole or a part of the work con- templated by this Contract , shall be permitted or required to work more than eight (8) hours in any one calendar day, except in cases of extraordinary emergency caused by fire, flood, or danger to life or property; that no such person shall be employed more than eight (8) hours in aI►y day or more than five (5) days in any week, except in such emergency; that the wages to be paid for a legal day 's work as hereinbefore defined, to laborers, workmen, or mechanics upon the work called for under this Con- tract, or for any materials used upon or in connection therewith, shall not be less than the prevailing rate for a day's work in the same trade or occupation in the locality within the State where such work is to be done and each laborer, workman or mechanic employed by the Contractor, sUbcontractor, or other person about or upon the work shall be paid the wages herein provided ; that employees engaged in the construction outside the limits of cities and villages are no longer exempt from the pro- visions of the Labor Law which required the payment of the pre- vailing rate of wages and the eight (8) hour day. Section 222 of the Labor Law, as amended by Chapters 556 and 557 of the Laws of 1933, provides that preference in employ- ment shall be given to citizens of the State of New York who have been residents of Suffolk County for at least six (6) consecutive months immediately prior to the commencement of their employment. Each person so employed shall furnish satis- factory proof of residence, in accordance with rules adopted by the Industrial Commissioner. Persons other than citizens of the State of New York shall be employed only when such citizens are not available. Section 222 further provides that upon the demand of the State Industrial Commissioner, the Con- tractor shall furnish a list of names and addresses of all his subcontractors and further provides that a violation of this section shall constitute a misdemeanor and shall be punishable by a fine of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00) or by imprisonment for not less than thirty (30) days nor more than ninety (90) days, or both fine and imprisonment. C-10 HOUTAACHER. McMO N 6 MURR" P.C. / HN ColtP. CONTRACT — CONT'D. Section 220A of the Labor Law, as amended by Chapter 472 of the Laws of 1932, provides that before payment is made by or on behalf of the State or any City, County, Town or Village or other civil deviation of the State, of any sums due on account of a contract for a public improvement, it is the duty of the Comptroller or the financial officer of the Municipal Corporation to require the Contractor and each and every sub- contractor to file a certified statement in writing, in satis- factory form, certifying to the amounts then due and owing to any and all laborers for daily or weekly wages on account of labor performed upon the work of the Contract, setting forth therein the names of the persons whose wages are unpaid and the amount due each, respectively. Section 220-B of the Labor Law, as so amended, provides that any interested person who shall have previously filed a protest in writing objecting to the payment to any Contractor or subcontractor to the extent of the amount or amounts due or to become due to him for daily or weekly wages for labor performed on the public improvement for which the Contract was entered into, or if, fur any other reason, it may be deemed advisable, the Comptroller of the State or other financial officer of the Municipal Corporation may deduct from the whole amount of any payment on account thereof the sum or sums admitted by any Contractor or subcontractor in such statement or statements so filed to be due and owing by him on account of labor per- formed and may withhold the amount so deducted for the benefit of the laborers for daily or weekly wages, whose wages are unpaid as shown by the verified statements filed by any Con- tractor or subcontractor and may pay directly to any person the amount or amounts so shown to be due for such wages. Section 220-C of the Labor Law, as so amended, provides .the penalty for making of a false oath or verification. Section 220-D of the Labor Law provides that the advertised specifications for every Contract for the construction, recon- struction, maintenance and/or repair of highways to which the State, County, Town and/or Village is a party shall contain the provision stating the minimum rate of hourly wage that can be paid, as shall be designated by the Industrial Commissioner, to the laborers employed in the performance of the Contract either by the Contractor, subcontractor or other person doing or contracting to do the whole or part of the work contemplated by the Contract, and the Contract shall contain a stipulation that such laborers shall be paid not less than such hourly minimum rate of wage. Any person or corporation that willfully pays C-11 HOIZMACHER. MdMDON A MURREL . P.C. / H2M CORP. C"ULTING CMOIMUM AND ENVIMNMWTAI WC100'11 s CONTRACT - CONT'D. after entering into such contract less than such stipulated minimum hourly wage scale shall be guilty of a misdemeanor and, upon conviction, shall be punished for a first offense by a fine of Five Hundred Dollars (: 500.00) or by imprisonment for not more than thirty (30) days, or by both fine and imprisonment for a second offense by a fine of One Thousand Dollars ($1,000. 00) and, in addition thereto, the Contract on which the violation has occurred shall be forfeited ; and no such person or corporation shall be entitled to receive any sum or nor shall any officer, agent or employee of the State pay the same or authorize its payment from the funds under his charge or control to any person or corporation for work done upon any contract , on which the Contractor has been convicted of second offense in violation of the provisions of this Section. The minimum wage rates established by the Industrial Com- missioner, State of New York, for this Contract , are as set forth in the Information for Bidders. Section 1918 of the Penal Law, as amended, provides that no person shall discharge explosives in the ground, nor shall any person other than a state or county employee regularly engaged in the maintenance and repair thereof excavate in any then existing street , highway, or public place, unless notice thereof in writing shall have been given at least seventy-two hours in advance to the person, corporation or municipality engaged in the distribution of gas in such territory. The person having direction or control of such work shall give such notice and further, he shall ascertain whether there is within one hundred feet of such street, highway or public place, or in the case of a proposed discharge of explosives within a radius of two hundred feet of such discharge, any pipe of any person, corporation or municipality conveying combustible gas, and if any emergency involving danger to life, health or property, it shall be lawful to excavate without using explosives if the notices prescribed herein are given as soon as reasonably possible, and to disharge explosives to protect a person or persons from an immediate and substantial danger of death or serious personal in- jury if such notices are given before any such discharge is under- taken. Any such work shall be performed in such manner as to avoid damage to pipe conveying combustible gas. Any violation of the provisions of this Section shall be a misdemeanor. C-12 HOLZMACHER, MoIENOON 3 MURR" P.C. / H2M CORP. coNsulnma v4atsdUM AND INwRONMUIrµ aiENnsn CONTRACT - CONT"D. 13. QUALIFICATIONS FOR EMPLOYMENT No person under the age of sixteen ( 16) years, and no person currently serving sentence in a penal or correctional institution shall be employed to perform any work on the project under this Contract . No person whose age or physical condition is such as to make his employment dangerous to his health or safety , or the health and safety of othors, shall be employed to perform any work on this project ; provided , however, that such restriction shall not operate against the employment of physically handi- capped persons, otherwise employable, where each person may be safely assigned to work which they can ably perform. 14 . NON-DISCRIMINATION There shall be no discrimination because of race, creed or color in the employment of persons for work under this Contract , whether performed by the Contractor or any subcontractor. Neither shall the Contractor or any subcontractor discriminate in any manner against or intimidate any employee hired for the perform- ance of work under this Contract on account of race, creed or color. There may be deducted from the amount payable to the Con- tractor by the Town under this Contract a penalty of Five Dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of this paragraph ; provided that for a second or any subsequent violation of the terms of this paragraph, this Con- tract may be canceled or terminated by the Town and all monies due or to become due hereunder may be forfeited. 15. PAYMENT OF EMPLOYEES The Contractor and each of his subcontractors shall pay each of his employees engaged in work on this project under this Contract in full ( less deductions made mandatory by law) in cash and not less often than once each week. C-13 HOUMACHER. McLENDON 6 MURR" P.C. / H2M CORP. CONSULnNO E7#0INURS AND EWWWMLW" SCIUMSU CONTRACT — CONT'D 16. ESTIMATES AND PAYMENTS (a) Final Certificate: Thirty (30) days after the Contractor shall have substantially completed the work required of it under the Contractor the Engineer will prepare a final certificate of the re- maining amount of the Contract balance less a sum equal to two (2) times the value of any remaining items to be completed and less an amount necessary to satisfy any claims, liens or judgements against the items of work are satisfactorily completed or corrected, the Town shall promptly pay, upon receipt of a requisition for these items less an amount necessary to satisfy any claims, liens or judgements against the Contractor which have not been suitably discharged. Any claims, liens and judgements referred to in this seciton shall pertain to the project and shall be filed in accordance with the terms of the applicable Contract and/or applicable laws. (b) In order to secure the performance of the convenant of the Contractor, prior to release of the Performance Bond, the Contractor shall deliver to the Town a Maintenance Bond equal to one hunderd percent (100%) of the total Contract price, including all extras. This maintenance bond shall remain in the full force and effect for a period of one (1) year after the date of the final certificate and such bond, which shall be executed by the Contractor and issued by a reliable, solvent surety company authorized to do business in the State of New York shall guarantee to the Town that the Contractor shall promptly remedy any defects or faults that may occur within twelve (12) months after completion and acceptance of the work per- formed by the Contractor pursuant to this Contract. (c) The cost of the work performed under this Contract is. being reimbursed to the Town by New York State. Payment to this Contractor shall be made by the Town within five (5) calendar days after receipt by the Town of State reimbursement for the work. C-14 HOLZMACHER, McLENDON 6 MURK" P.C. I H2M CORP. CONSULTING VMINMO AND EXV1110NMUffAL SCIENTIST" CONTRACT - CONT'D. (d) Measurements for Payment : The Engineer shall make due measurement of the 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 the 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 be proved, be paid for by the Contractor. 17. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE The acceptance by the Contractor of the final payment shall be, and shall operate as a release to the Town from all claims and all liabilities to the Contractor for all things done or furnished in connection with this work and for every act and neglect of the Town and other relating to, or arising out of , this work, excepting the Contractor 's claims for interest upon the final payment , if this payments 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. 18. CONSTRUCTION REPORTS The Contractor shall submit to the Engineer prior to the commencing of any work under this Contract a detailed schedule and plan of operation, indicating the manner in which the Contractor proposes to prosecute the work, and a time schedule therefore. 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 Contractor shall furnish the Engineer with periodic esti- mates 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 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 other than the Town as may be required by such existing laws or regulations. C-15 HOLZMACHER, MCLENDON d MURREU. P.C. / H2M CORD. CONSULTIM MOINUAS AND JINVIIIONMWTAL W11D m CONTRACT - CONT'D. 19. INSPECTION AND TESTS All material and workmanship shall be subject to inspection, examination and test by the Engineer and other representatives of the Town at any time during the construction and at any and all places where manufacturing of materials used and/or construct- tion is carried on. Without additional charge, the Contractor shall furnish promptly all reasonable facilities, labor and materials neces- sary 'to make tests so required safe and convenient . If, at any time, before final acceptance of the entire work, the Engineer considers necessary or advisable an examin- ation of any portion of the work already completed, by removing or tearing out the same, the Contractor shall , upon request , furnish promptly all necessary facilities, labor and materials for such examination . If such work is found to be defective in any material respect , due to the fault of the Contractor or any subcontractor, or if any work shall be covered over without the approval or consent of the Engineer, whether or not the same shall be defective, the Contractor shall be liable for the expenses of or such examination and of satisfactory reconstruction. If, however, such approval and consent shall have been given, and such work is found to meet the requirements of this Contract , the Contractor shall be recompensed for the expense of such examin- ation and reconstruction in the manner herein provided for the payment of costs of extra work. The selection of laboratories and/or agencies for the in- spection and tests of supplies, materials or equipment shall be subject to the approval of the Engineer. Satisfactory documen- tary evidence that the material has passed the required inspec- tion and test must be furnished the Engineer prior to the incor- poration of the material in the work. Any rejected work shall be removed from the site of the project completely at the expense of the Contractor. C-16 HCUMACHER. WENOON i MURR" P.C. / HZM CORP. WNwLTINO WGINwu AND [NVJMMMa4ff L 9COURISM CONTRACT - CONT'D. 20. 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 on the Plans shall have the same effect as if shown or mentioned respectively in both. In case of any conflict or inconsistency between the Plans and Specifications , the Plans shall govern. Any discrepancy between the figures and specifications shall be submitted to the Engineer, whose decision therein shall be conclusive. 21 . SUBSURFACE CONDITIONS FOUND DIFFERENT Should the Contractor encounter subsurface conditions at the site materially differing from those shown on the Plans or indi- cated in the Specifications , he shall immediately give notice to the Engineer of such conditions before they are disturbed; the Engineer small thereupon promptly investigate the conditions and if he finds that they materially differ from those shown on the Plans or indicated on the Specifications , tie 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 . 22. CONTRACTOR'S TITLE TO MATERIALS No material or supplies for the work shall be purchased by the Contractor or by 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. 23. SUPERINTENDENCE BY CONTRACTOR At the site of the work the Contractor shall employ a Con- struction Superintendent or foreman who shall have full authority to act for the Contractor. It is understood that such represen- tative 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. C-17 HOl2MACHER, McLENDON 3 MURRELL P.C. / HZM CORP. coNsuLnmo Ciao mun AND ENVIIIOI+MMAI WIMIS" CONTRACT - CONT'D. 24 PROTECTION OF WORK, PERSONS AND PROPERTY Precaution shall be exercised at all times for the proper protection of all persons , property and work. The safety pro- visions 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 Town or its Engineer to adequately safeguard the traveling public. Tile Contractor shall give notice to the owners of all utilities which may serve the area and request their assistance in pro- determining the location and depth of the various pipes, conducts, manholes and other underground facilities . 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 Town 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 Town might be liable. The Contractor shall be liable for all injury or damage caused by his act or neglect, or that of his employees . 25. PATENT RIGHTS As part of his obligation hereunder and without any ad- ditional compensation, the Contractor will pay for any patent fees or royalties required in respect to the work or any part thereof and will fully indemnify the Town for any loss on account of any infringement of any patent rights , unless prior to his use in the work of a particular process or a product of a particular manufacturer, he notifies the Town in writing that such process or product is an infringement of a patent. C-18 HOLZMACHER, McUNOON&MURREL.L, P.C. / H2M CORP. coNSuLnma cwowuRs Amo 9xvMONMOITAL 'c1ENTlsn CONTRACT - CONV D. 26. REPRESENTATIONS OF CONTRACTOR The Contractor represents and warrants : (a) That he is financially solvent and that he is experienced in and competent to perfrom the type of work involved tinder this Contract and able to furnish the plant materials , supplies and/or equipment to be furnished for the work; and (b) that he is familiar with all Federal. , State and Municipal Laws , ordinances and regulations which may in any way affect the work of those employed hereunder. including but not limited to any special acts relat.Ing to the work; and (c) that such work required by these Contract Documents as is to be done by him can be satisfactorily constructed and used for the purpose for which it is intended and that such construc- tion will not injure any person or damage any property ; and • (d) that he has carefully examined the Plans , Specifications , and the site of the work, and that from his own investigation he has satisfied himself as to the nature and location of the work, the character, location, quality and quantity of surface and sub- surface materials , structures and utilities likely to be encountered, the character of equipment, and other facilities needed for the performance of the work, the general local conditions which may in any way affect the work or its performance. 27. AUTHORITY OF THE ENGINEER In the performance of the work, the Contractor shall abide by all orders and directions and requirements of the Engineer and shall perform all work to the satisfaction of the Engineer, at such time and places, by such methods , and in such manner and sequence as he may require. The Engineer shall determine the amount, quality , acceptability and fitness of all parts of the work, shall interpret the plans, specifications, contract documents and any extra work orders and shall decide all other questions in connection with the work. Upon request , the Engineer shall confirm in writing any oral orders, directions, requirements or determinations . The enumeratirn herein or elsewhere in the contract documents of particular instances in which the opinion, judgment, discretion or determination of the Engineer shall control, or in which work shall be performed to his satisfaction or subject to his approval, or inspection, shall not imply that only matters similar to those enumerated shall be so governed and so performed, but without exception all the work shall be governed and so performed. C-19 HOLZMACHER. Me'EN00N d MURRELL. F.C. I H2M CORS. WNSULTINO V48101"Ra AND EMVIMNMOOTAL SCIE?IT M CONTRACT - CONT'D. 28. SURVEYS The Engineer will furnish to the Contractor all layouts , measurements and lines and grades necessary for the execution of the work. When and as requested, the Contractor will fur- nish the necessary stakes and spikes for layi,ig out such lines and grades and the unskilled labor necessary to place same. 29. CHANCES ANT) ALTERATIONS The Town reserves the right to make alterations in the location, line, grade, plans , form or dimensions of the work, or any part thereof , either before or after the commencement of the 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 . 30. CORRECTION OF WORK All work and all materials , whether incorporated into the work or not, all processes of manufacture and all methods of con- struction shall be, at all times and places , subject to the in- spection of the Engineer who shall be the final judge of quality, materials, processes of manufacture and methods of construction suitable for the purpose for which they are used. Should they fail to meet his approval they shall be forthwith reconstructed, made good and replaced and/or corrected as the case may be, by the Contractor at his own expense. Rejected materials shall im- mediately be removed from the site. If, in the opinion of the Engineer, it is not desirable to replace any defective or damaged materials or to reconstruct or correct any portion of the work injured or not performed in accordance with the Contract Documents, the compensation to be paid to the Contractor hereunder shall be reduced by such amount as , in the 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 , settlements, or shrinkages which may appear within one year following the date of the final certi- ficate. Neither the acceptance of the completed work nor C-20 HOLZMACHER, McLENOON&MURR" P.C. I H2M CORP. CONSUL"NO 0401MUM AND ENVIMMMOiTAL •MUMOM CONTRACT - CONT'D. payment therefor shall operate to release the Contractor or his sureties from any obligations under or upon this Contract or ` the Performance Bond. 31 . WEATHER CONDITIONS In the event of temporary suspension of the 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 materials shall have been damaged or injured by reason of the 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. 32. THE TOWN'S RIGHT TO WITHHOLD PAYMENTS The Town may withhold from the Contractor so much of any approved payments due him as may, in the judgment of the Town, be necessary: (a) To assure the payment of just claims then due and unpaid of any persons supplying labor or materials for the work; (b) To protect the Town from loss due to defec- tive work not remedied, or (c) To protect the Town from loss due to injury to persons or damage to the work or property of other contractors or subcontractors or others, caused by tte act or neglect of the Contractor or any of his subcontractors . The Town shall have the right , as agent for the Contractor, to apply any such amounts so withheld in such manner as the Town may deem proper to satisfy such claims or to secure such protection. Such application of such money shall be deemed payments for the account of the Contractor. C-21 HOLZMACHER, MCLENDON 6 MURREII, P.C. I H2M CORP. COMSULTINO 041MURG AND 9MVIMMMWTAL $Cloffl Tf CONTRACT - CONT'D. 33. THE TOWN 'S R T GHT TO STOP WORK OR TERM I NA'Z'I-: CONTRACT: I li', (a ) The Contractor shall be adjudged bankrupt or make an assignment for tho 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 lingineer, to supply enough properly skilled workmen or proper materials, or ( d) The Contractor shall refuse or fail to prosecute the work or any part thereof with such diligence as will insure its completion within the period herein specified (or any duly authorized extension thereof) or shall fail to complete the work within said period, or (e) The Contractor shall fail to make prompt payment to persons supplying labor or materials for the work , or ( f) The Contractor shall fail or refuse to regard laws , ordinances , or the instructions of the Engineer or otherwise be guilty of a substantial violation of any provision of this Contract , then, and in any such event , the Town, without prejudice to any other rights or remedy it may have, may by seven (7) days notice to the Contractor, terminate the employ- ment of the Contractor and his rights to proceed either as to the entire work or (at the option of the Town) as to any portion thereof as to which delay shall have occurred, and may take possession of the work and complete the work by contract or otherwise, as the Town may deem expedient . In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the compensation to be paid the Contractor hereunder shall exceed the expense of so completing the work (including compensation for additional managerial , administrative and inspection services and any damages for delay) , such excess shall be paid to the Contractor. C-22 HOLZMACHER, MCUNDON 6 MURRELL, F.C. / H2M CORP. WNSUMNO V40114WS ANO JNVIRONMWTAL gCICWIM CONTRACT - CONT'U. If such expense shall exceed the unpaid balance, the Contractor and his sureties shall be liable to the Town fox• such excess . If the right of the Contractor to proceed with the work is so terminated, the Town may take possession of and utilize in completing the work such materials, appliances , supplies , plant and equipment as may be on the site of the work and necessary thereof. If the Town does not so terminate the right of the Contractor to proceed, the Contractor shall continue the work. 34 . CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT If the work shall be stopped by order of the Court or any other public authority, for a period of three months without act or fault of the Contractor or of any of his agents , servants , em- ployees or subcontractors , the Contractor may, upon ten (10) days notice to the Town. discontinue his performance of the work and/or terminate the Contract , in which event the liability of the Town to the Contractor shall be determined as provided in the paragraphs immediately preceding, except that the Contractor shall not be obligated to pay to the Town any excess of the expense of completing the work over the unpaid balance of the compensation to be paid to the Contractor hereunder. 35. RESPONSIBILITY OF WORK The Contractor agrees to be responsible :for the entire work embraced in this Contract until its completion and final acceptance, and that any unfaithful or imperfect work that may become damaged from any cause, either by act of commission or omission to properly guard and protect the work that may be dis- covered at any time before- the completion and acceptance shall be removed and replaced by good and satisfactory work without any charge to the Town and that such removal and replacement will be performed immediately on the requirement of the Engineer, notwithstanding the fact that it may have been overlooked by the proper inspector, and partial payment made thereon. It is fully understood by the Contractor that the inspection of the work shall not relieve him of any obligation to do sound and reliable work as herein prescribed, and that any omission to disapprove of any work by the Engineer at or before the time of a partial payment or other estimate shall not be construed to be an acceptance of any defective work. C-23 NOLZMACHER. MCLENDON b MURRELL. P.C. / N2M CORP. CONluunwa ENOINUM AND ENVIMONMWTAL OCIENTIM CONTRACT - CONTID. 36. USES OF PREMISES AND REMOVAL OF DEBRIS The Contractor expressly undertakes at his own expense: (a) to take every precaution against injury to persons or damages to property ; (b) to store his apparatus , materials , supplies and equip- ment 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 ; or other contractors ; (c) to place upon any of the completed work only such super- imposed loads as are consistent with the sareLy of that portion of the work; ~ (d) 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 and orderly and workmanlike appearance ; (e) before final certificate, to remove all surplus material, temporary structures , planter of any description and debris of any and every nature resulting from his operations and to put the site in a neat and orderly condition . 37. POWER OF THE CONTRACTOR TO ACT IN AN EMERGENCY In case of an emergency which threatens loss or injury to property and/or safety to life, t:he Contractor will be permitted to act as he sees fit without previous instructions from the En- gineer. He shall notify the Engineer thereof immediately there- after and any compensation claimed by the Contractor due to extra work made necessary because of his acts in such emergency shall be 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, tie shall act as in- structed 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. HOLZMACHER. MCLENDON 6 MURRELL. P.C. / HZM CORP. comsu4nma 0401HURS Ano LNVIRONMWTAL SCIENTIm CONTRACT - CONT'I). 1 38. SUITS AT LAW The Contractor shall indemnify and save harmless the Town from and against all suits , claims , demands or actions for any injury sustained or alleged to be sustained by any party or parties in connection with the construction of the work or any part thereof, or any commission or omission of the Contractor , his employees or agents or any suhcontract.ors and in case ally Suc-h action shall be brought against the TOW11, the Contractor shall immediately take care of and defend the same at his own cost and expense. 3;). PROVISIONS RI QtTIRED BY LAW DEINL1) INSERTED Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein, and, if through mistake or otherwise, any such provision is not inserted or is not correctly inserted, then upon the application of either party , the Contract shall forthwith be physically amended to make such insertion. 40. SUBLETTING SUCCESSOR AND ASSIGNS The Contractor shall not sublet any part of the work under this Contract, nor assign any money due him hereunder without first obtain- ing the written consent of the Town. This Contract shall endure to the benefit of and shall be binding upon the parties hereunder and upon their respective successors and assigns , but neither party shall assign or transfer his interest herein in whole or in part without consent of the other. 41 . WAIVER OF IMMUNITY If any person, corporation, or body contracting with the Town, who when called before a grand ,jury, head of a city department , or other agency, which is empowered to compel the attendance of wit- ness and examine them under oath, to testify in an investigation concerning any transaction or contract had with the state, any polit- ical subdivision thereof, a public authority or with any public department, agency or official of the state or of any political sub- division thereof or of a public authority, refuses to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant question concerning such transaction or contract, then C-25 HOLZMACHER, MdMWN i MURRELL. RC. / HZM CORP. CONONLTINO ENOIN"M AND (NVIIIONMtNTAL SCIENTIST$ CONTRACT - CONT'D. (a) such person, and any firm, partnership or corporal ion of which lie is a member, partner, director or officer shall be disqual- ified from thereafter selling to or submitting; bids to or receiving awards from or entering into any contracts wish any municipal corp- oration or fire district, or any public department , agency or official thereof, for goods , work or services , for a period of five years after such refusal (b) any and all contracts made with the Town or any agency or official thereof, by such person, and by any firm, partnership, or corporation of which lie is a member, partner, director or officer may be cancelled or terminated by the Town without incurring any penalty or damages on account of such cancellation or termination, but any monies owing by the municipal corporation for goods delivered or work done prior to the cancellation or termination shall be paid. C-26 HOLZMACHER, McLENDON 6 MURRELL. P.C. / H2M CORP. CONSULTING CHOINUM AND ENVIRONMENTAL SCIENTIS" CONTRACT - CONT' D. F IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. TOWN OF SOUTHOLD BY: (TOWN SEAL) William R. Pell IlI , Supervisor _ (SEAL) Contractor BY: TITLE: STATE OF NEW YORK ) ,. ) s s: • COUNTY OF SUFFOLK ) On the day of_ 19__, before me personally came William R. Pell III , to me known, who being by me duly sworn, did depose and say that he is the duly elected Supervisor of the Town of Southold, County of Suffolk, New York , and that at a meeting of the Town Board of the Town of Southold, duly held on the day of , 19 , the said Board, authorized the said Super- visor to execute all and any contracts on behalf of the Board; that he knows the seal of the said Town, that the Seal affixed to the foregoing instrument is its corporate seal ; that it was affixed thereto by order of the said Board, and that he signed his name thereto and executed the said instrument on behalf of the said Town by like order and authority. NOTARY PUBLIC C-27 HOI.ZMACHER, McLENDON a MURRELL, P.C. / H2M CORP. CONSULTING MINIM" AND wVIROMMUHAI SCIENTIST! CONTRACT - CONT'D. ACKNOWLEDGMENT OF CONTRACTOR, IF A CORPORATION ` STATE OF NEW YORK) ) SS: COUNTY OF ) On this day of 19 before me personally came and appeared to me known, who by me being duly sworn, did depose and say that he resides at that lie is the of the Corporation described in and which executed the foregoing in- strument , that he knows the seal of said corporation, that one of the seals affixed to said instrument is such seal , that it was so affixed by order of the Directors of said corporation, and that he signed his name thereto by like order. NOTARY PUBLIC ACKNOWLEDGMENT OF CONTRACTOR, IF A PARTNERSHIP STATE OF NEW YORK) SS: COUNTY OF ) On this day of 19 before me personally came and appeared , to me known, and known to me to be one of the members of the firm of described in and who executed the foregoing instrument, and lie acknowledged to me that he ex- ecuted the same as and for the act and deed of said form. NOTARY PUBLIC C-28 HOLZMACHER. Md.ENDON 6 MURRELL. P.C. / H2M CORP. coNsuLnma o+GINUM AND FXVIMMMOiMAL 9C10"lnsn GENERAL CONDITIONS 1. GENERAL CONDITIONS A. The "General Conditions" are hereby made a part of this Specification and are attached herein. B. Where any article of the "General Conditions" is supplemented hereby, the provisions of such article shall remain in effect. All the supplemental provisions shall be considered as added thereto. Where any such article is amended, voided or superseded thereby, the provi- sions of such article not so specifically amended, voided or super- seded shall remain in effect. Work, materials, plant, labor and other requirements of the Gen- eral Conditions shall be furnished by the Contractor. No direct pay- ment shall be made for these General Conditions, and payment shall be deemed to be included in the contract price or various items of the entire contract . 4. 2. CONTRACT DOCUMENTS The Contract Documents include, but are not limited to, the General Conditions, General Specifications, Detailed Specifications, Plans, Proposal Form, Contract and other sections as either cited on the index pages or actually included in the bound documents. Each section of the Contract Documents is intended to be comple- mentary to the other sections. It is intended that they include all items of labor and materials, and everything required and necessary to complete the work, even though some items of work or materials may not be particularly men- tioned in every section or may have been inadvertently omitted from the Drawings or Specifications, or both. 3. APPROVAL OF SUBCONTRACTORS AND MATERIALS 6 l Prior to commencing any work under this Contract, the Contractor shall submit to the Engineer, for approval, a list of all the sub- contractors and material suppliers he proposes to use for this Con- tract. No subcontractor or material supplier will be permitted to de- liver materials or perform any work on this Contract until he has r been approved by the Engineer in writing. GC-1 HOLZMACHER. MCLENDON 6 MURRELL. P.C. / H2M CORP. CONSUL"NO OIOINB M ANO E MMMMWMAL SCIENT M GENERAL CONDITIONS (CONT'D.) S 4. INTERPRETATION OF DRAWINGS. ETC. A. In the event of discrepancies between the Drawings and the Specifications, the following order shall be given preference when making interpretations: 1. Addenda (later dates to take precedence over earlier dates) 2. Drawings (schedules or notes to take precedence over other data shown on Drawings) 3. Detailed Specifications 4. General Specifications 5. General Conditions B. On all plans, drawings, etc. , the figure dimensions shall govern in the case of discrepancy between the scales and figures. C. The Contractor shall take no advantage of any error or omission in the Plans, or of any discrepancy between the Plans and Specifications, and the Engineer shall make such corrections and interpretations as may be deemed necessary for the fulfillment 'of the intent of the Specifications and of the Plans as construed by him, and his decision shall be final. D. All work that may be called for in the Specifications and not shown on the Plans, or shown on the Plans and not called for in the Specifications, shall be furnished and executed by the Contractor as if designated by both. Should any work or material be required 6 which is not denoted in the Plans and Specifications, either directly 1 or indirectly, but which is, nevertheless, necessary for the proper carrying out of the intent thereof, it is understood and agreed that the same is implied and required, and that the Contractor shall per- form such work and furnish such materials as if they were completely delineated and described. 5. ADDITIONAL WORK t Additional work, if required to be performed under this Contract, will be in accordance with the applicable paragraphs of the Contract. The Engineer shall be the sole judge as to whether such work was in- tended as part of the Contract or is in addition thereto. GC-2 HOLZMACHER. MCLENOON 8 MURRELL. P.C. / HZM CORP. coNsuLnma o+atmuRs ANO EN1nommuff" 900471M GENERAL CONDITIONS (CONT'D.) 6. OCCUPATIONAL SAFETY AND HEALTH ACT The Contractor shall meet all standards of the Occupational Safety and Health Act of 1970 and subsequent revision. This shall include, but not be limited to, the following areas : Sanitation, noise, radiation, gases, vapors, fumes, mists, dust, illumination, ventilation, protective equipment, fire protection, waste disposal, electrical hazards, scaffolds and ladders, floor holes and wall openings, and heavy equipment . All specific require- ments of the Act shall be adhered to. 7. SAFETY PROVISIONS The Contractor shall take every precaution and shall provide . such equipment and facilities as are necessary or required for the safety of his employees. In case of an accident, first aid shall be administered to any who may be injured in the progress of the work. In addition, the Contractor shall also be prepared for the removal, to the hospital for treatment , of any employee either seriously in- jured or ill. 8. SANITARY REGULATIONS A. In addition to compliance with the Occupational Safety and Health Act, the Contractor shall erect and maintain necessary sani- tary conveniences for the use of employees on the work. Such con- veniences shall be properly secluded from observation, and their use shall be strictly enforced. Such sanitary conveniences shall be constructed in compliance with all laws, ordinances or regulations governing these facilities. The contents of the same shall be re- moved, with sufficient frequency to prevent nuisance, and disposed of to the satisfaction of the Engineer. B. The Contractor shall obey and enforce such other sanitary 6 regulations and orders and shall take such precautions against in- t fectious diseases as may be deemed necessary. In case any infectious diseases occur among his employees, he shall arrange for the immediate removal of the patient from the work and his isolation from all per- sons connected with the work. 1 C. The building of shanties or other structures for housing the men, tools, machinery or supplies will be permitted only at approved places, and the sanitary condition of the grounds in and at such shanties or other structures must, at all times, be maintained in a satisfactory manner. GC-3 HOLZMACHER. McLENDON b MURREId,. P.C. / HZM CORP. coNsuLnNa ENam ms AND ENVIMMMUffAL sCIVMS" GENERAL CONDITIONS (CONY D. ) 9. RESPONSIBILITY OF ENGINEER AND CONTRACTOR DURING CONSTRUCTION A. The Engineer is responsible solely for the general and/or detailed inspection of the work being performed. Such inspection will be periodic and strictly to assure conformance of the Contractor with the Plans and Specifications, such that the end product will conform to the Plans and Specifications. B. The Contractor is responsible for complete conformance to the Plans and Specifications$ proper construction procedures; co- ordination with subcontractors, other contractors and utilities, and safe working conditions for his employees. 10. LABOR A. All contractors and subcontractors employed upon the work shall and will be required to conform to the Labor Laws of the State of New York and the various acts amendatory and supplementary there- to; and to all other laws, ordinances and legal requirements applicable thereto. B. All labor shall be performed in the best and most workman- like 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. 11. CONTRACTOR' S REPRESENTATIVE The Contractor, in case of his absence from the work, shall have a competent representative or foreman present, who shall follow with- out delay all instructions of the Engineer or his assistants in the prosecution and completion of the work, in conformity with this Con- tract, and shall have full authority to supply labor and material immediately. The Contractor shall also have a competent representa- tive available to receive telephone messages and provide a reasonable 6 reply as soon as possible, but not later than twenty-four (24) hours. 1 1 GC-4 HOLZMACHER. MCIENDON 6 MURR" P.C. / HZM CORP. CONSULTING VIGINUAS AND LOMA004MC AL SCISNT M GENERAL CONDITIONS (CONT'D j 12. INCOMPETENT EMPLOYEES The Contractor shall employ only competent , skilled and faithful men to do the work. Upon request of the Engineer in writing, the Con- tractor shall suspend or discharge from the work any disobedient, dis- orderly or incompetent person or persons employed thereon, and will not again employ any person so suspended or discharged without the consent of the Engineer. This requirement shall not be made on the basis of any claim for compensation or damages against the Town or any of its officers or agents. 13. CLAIMS OR PROTESTS If the Contractor considers any work required of him to be out- side the requirements of the Contract, or considers any record or ruling of the Engineers or Inspectors as unfair, he shall ask for written instructions or decisions immediately, and then file a writ- ten protest with the Town against the same within five (5) days thereafter, or be considered as having accepted the record or ruling. 14. NOTIFICATION, INTERFERENCE AND INJURY TO UTILITIES A. The Contractor shall cooperate in every way with the Utility Companies. B. The Utility Companies shall be notified in accordance with Section 1918 of the Penal Law of the State of New York, entitled "Construction or Blasting near Pipes Conveying Combustible Gas," and with Article 20, Section 322-a of the New York State General Business Law. 6 C. All conduits, water mains and gas mains encountered in the 1 construction shall be properly and safely taken care of by the Con- tractor, who shall, upon encountering same, notify the public corpora- tion to whom they belong, in order that they may be changed in such a manner as not to interfere with the final construction. D. In case any damage shall result to any service pipe for water '> or gas, or any private or public sewer or conduit by reason of negli- gence on the part of the Contractor, he shall, without delay and at his own expense, repair the same to the satisfaction of the Engineer, and in case such repairs are not made promptly or satisfactorily, the Town may have the repairs made by another Contractor or otherwise, and deduct the cost of same from any monies due or to become due the Con- tractor. GC-5 W ZMACHER. MCLENDON a MURRELL. P.C. / HZM CORP. WNSUL"NO OWNUAG AND UMMMMUITAL SCID91M GENERAL CONDITIONS (CONT'D.) 15. INFRINGEMENT OF PATENTS The Contractor further agrees to hold himself responsible for any claims made against the District for any infringement of patents by the use of patented articles in any one phase of construction of the work and the completion of same, or any process connected with the work agreed to be performed under this Contract, or of any materials used upon the said work and to save harmless and indemnify the Town from all costs, expenses and damages which the Town shall be obliged to pay by reason of any infringement of patents used in the construc- tion and completion of the work. 16. DAMAGES All damage, direct or indirect, of whatever nature resulting from either the performance of, or resulting to the work under, this Con- tract during its progress from whatever cause, shall be borne and sus- tained by the Contractor, and all work shall be solely at his risk until the date of the final certificate. 17. GUARANTEE WARRANTY This Contractor shall guarantee and warrant his work and that of his subcontractors against defects in workmanship and/or material for a period of one (1) year from the date of final certificate by the Engineer except as otherwise specified. Upon written notification from the Engineer, the Contractor shall repair, replace or reconstruct such defects to the satisfaction of the Engineer at no cost to the Town. 18. STANDARDIZATION The DETAILED and General Specifications indicate specific manu- facturers and/or catalog numbers, etc. , for the purpose of standardiza- tion within the Town in order to minimize stockpiling of replacement parts. 19. DEFINITIONS The words "or approved equal" as hereinafter used shall refer 1 to the use of an equal product that has received prior approval by the Consulting Engineer for the Town. The word "Engineer" refers to HOLZMACHER, McLENDON & MURRELL# P.C. $ Consulting Engineer for the Town of Southold. GC-6 HOLZMACHER. MCLENDON b MURRELL. P.C. / H2M CORP. CONSULTING EMINUM AND UMPONMfNTAL SCIENTISTS NERAL CONDITIONS (CONT'D. ) 20. CLAIMS ARISING FROM DELAY This Contractor shall not hold the Town, the Engineer or their officers, agents and employees responsible for any liability, claims, losses or damage arising out of the failure to perform, delay, or poor workmanship by another Contractor. Any claim by this Contractor arising out of the failure to perform, delay, or poor workmanship by any other contractor shall be filed against said other contractor which has failed to perform, caused a delay or utilized poor workmanship. GC-7 HOLZMACHER,McLENDON i MURRELL,P.C.I H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS GENERAL SPECIFICATIONS a pe THE ITEMS HEREIN REFERRED TO ARE THE ITEMS OF THE SUFFOLK COUNTY DEPARTMENT OF PUBLIC WORKS SPECIFICA— TIONS ADOPTED NOVEMBER 1, 1968 AS AMENDED. THESE SPECIFICATIONS SHALL BE INCORPORATED BY REFERENCE AND SHALL APPLY AS IF DETAILED IN FULL, UNLESS HEREIN MODIFIED. GS-1 HOLZMACHER, McLENDON i MURRELL,P.C.I H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS GENERAL SPECIFICATIONS (CONT'D. ) v GENERAL REQUIREMENTS The successful bidder shall apply on the project asphaltic concrete of an approved quality which shall meet the requirements shown under its respective item for the kind of material furnished. For any item, the material furnished shall show uniform test . QUANTITIES OF BITUMINOUS MATERIALS The Contractor must furnish to the Engineer a certified copy of the weights of the asphaltic concrete materials which he receives and applies under this Contract . CONSTRUCTION The successful bidder shall apply the asphalt concrete on the pro- ject in accordance with the materials and construction details for the respective itemsin the Suffolk County Department of Public Works Speci- fications, except as may be modified in the Technical Specifications of this Contract. MEASUREMENT AND PAYMENT The price bid shall be full compensation for receiving applying and rolling, and shall also include materials, labor, equip- ment and incidentals necessary to complete the work satisfactorily. M GS-2 HOLZMACHER, McLENOON&MURRELL, P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTIST! w TECHNICAL SPECIFICATIONS HOLZMACHER, MCLENDCN 6 MURRELL, P.C. / H2M CORP. CONISULTINO 0401HURS AND ENVIRONMENTAL SCIENTIIm ITEM 51 F - PLACE ASPHALT CONCRETE TYPE lA (TWO-COURSE) a 1.0 - SCOPE Under this item the Contractor shall unload from supply trucks and place binder course and wearing course asphalt concrete on New Suffolk Avenue and certain intersecting side streets, generally bet- ween Camp Mineola Road and Meadow Lane, as directed by and to the approval of the Engineer. 1. 1 - MATERIALS The asphaltic concrete materials shall be top course asphalt concrete type 1A, and binder course asphalt concrete, as specified under Item 51 F, "Asphalt Concrete Type 1A, (Two Courses) " , in the Suffolk County Department of Public Works Specifications of November 1 , 1968 as amended. 1.2 - CONSTRUCTION DETAIL w Under this Contract the Contractor shall place bituminous concrete Type lA in order to construct an asphalt concrete binder and top course having a material thickness of 2' inches after compaction (1�2, inches of binder course and 1 inch of top course) . A typical roadway section is included on Page TRS-1 of this Specification. 1. 3 - METHOD OF CONSTRUCTION The method of construction shall be in accordance with the Suffolk County Department of Public Works Specification of 1968 as amended, "MATERIALS AND CONSTRUCTION DETAILS FOR ITEM 51 F, ASPHALT TYPE 1A. " It shall conform to all applicable requirements described under "BITUMINOUS PAVING CONSTRUCTION, PART II, SECTION 8" of the Suffolk County Department of Public Works Specifications of 1968, as amended. Work under this Contract shall include furnishing an acceptable self-propelled paving machine which shall be capable of recieving the asphalt concrete materials from the bed of the material supplier's truck, paving, and propelling the supplier's truck, in one single process. This Contractor is solely responsible for unloading the asphalt material from the supplier's trucks and constructing a finished, rolled, and compacted roadway surface to the line, grade and thickness shown on the typical roadway section (Page TRS-1) and as ordered by the Engineer. TS-1 WXZMACHER. MCLEND©N&MURRELL. P.C. / H2M CORP. CONSULTINO ENOINMA AND ENVIRONMWTAL SCIENTIST! ITEM 51 F - PLACE ASPHALT CONCRETE TYPE 1A (TWO-COURSE) - CONT'D. 1.4 - COORDINATION The bituminous concrete roadway surface shall be constructed when and as directed by and to the approval of the Engineer; the construc- tion of the bituminous concrete roadway shall be coordinated with the work being done by others on the project site. The work under this contract shall be intimately coordinated with the work of the Contractor which is manufacturing and delivering the asphalt concrete materials to the project site. The Contractor shall provide a paving schedule to the Engineer and Supply Contractor, 'no less than 48 hours in advance of each day on which he intends to pave. This Contractor will be solely responsible for damages incurred to himself or others if he is unable to reasonably maintain his schedule. It is the intent of this 48 hour notice to insure a continuous paving operation, and minimize lay over of supplier vehicles at the job site. Asphalt concrete material which arrives at the job site on schedule, i and at proper paving temperature, shall become the responsibility of this Contractor. w 1.5 - METHOD OF MEASUREMENT The quantity to be paid for under this. Item shall be the number of tons of material placed and compacted in accordance with the Speci- fication, and as ordered by and to the approval of the Engineer. The quantity shall be measured using the certified weight of each load supplied to the site. Where under a fraction of a load is placed, the Engineer will determine what fraction of the load was placed, and adjust the certified weight accordingly. 1.6 - BASIS OF PAYMENT The unit price bid per ton for this item shall include the cost of furnishing all labor, materials, and equipment necessary to complete the work, including unloading, placing and rolling of the asphalt concrete. TS-2 HOLZMACHER. MCLENDON &MURRELL. P.C. / H2M CORP. CONSUMNO ENGINEERS AND ENVIRONMENTAL SCIENTISTS ITEM 51 Y - PLACE ASPHALT CONCRETE SHOULDER PAVEMENT a 2.0 - SCOPE Under this item the Contractor shall unload from supply trucks and place shoulder asphalt concrete on New Suffolk Avenue and certain intersecting side streets, generally between Camp Mineola Road and Meadow Lane, as directed by and to the approval of the Engineer. 2. 1 - MATERIALS The asphaltic concrete materials shall be shoulder course asphalt concrete, as specified under Item 51 Y, "ASPHALT CONCRETE FOR SHOULDERS" in the Suffolk County Department of Public Works Specifications of November 1, 1968 as amended. r 2.2 - CONSTRUCTION DETAIL Under this Contract the Contractor shall place bituminous concrete in order to construct an asphalt concrete shoulder course having a material thickness of 3 inches after compaction . A typical roadway section is included on Page TRS-1 of this Specification. 2 .3 - METHOD OF CONSTRUCTION The method of construction shall be in accordance with the Suffolk County Department of Public Works Specifications of 1968 as amended, "MATERIALS AND CONSTRUCTION DETAILS FOR ITEM 51 Y, ASPHALT CONCRETE FOR SHOULDERS. " It shall conform to all applicable requirements described under "BITUMINOUS PAVING CONSTRUCTION, PART II, SECTION 8" of the Suf- folk County Department of Public Works Specifications of 1968, as amended. Work under this Contract shall include furnishing an acceptableself propelled paving machine which shall be capable of recieving the asphalt concrete materials from the bed of the material supplier's truck, paving, and propelling the supplier's truck, in one single process. This Contractor is solely responsible for unloading the asphalt material from the supplier's trucks and constructing a finished rolled, and compacted shoulder to the line, grade and thickness shown on the typical roadway section (Page TRS-1) and as ordered by the Engineer. 2.4 - COORDINATION The bituminous concrete shoulders shall be constructed when and as directed by and to the approval of the Engineer; the construction TS-3 WUMACHER, McMWN &MURR" P.C. / HN CARP. COMULTING ENGINUM AND ENVIRONMOVAI •CIENTIM ITEM 51 Y — PLACE ASPHALT CONCRETE SHOULDER PAVEMENT — CONT'D. 1 of the bituminbus concrete shoulder shall be coordinated with the work being done by others on the project site. The work under this contract shall be intimately coordinated with the work of the Contractor which is manufacturing and delivering the asphalt concrete materials to the project site. The Contractor shall provide a paving schedule to the Engineer and supply contractor no less than 48 hours in advance of each day on which he intends to pave. This Contractor will be solely responsible for damages incurred to. himself or others if he is unable to reasonably maintain his schedule. It is the intent of this 48 hour notice to insure a continuous paving operation, and minimize lay over of supplier vehicles at the job site. Asphalt concrete material which arrives at the job site on schedule, and at proper paving temperature, shall become the responsibility of this Contractor. 2.5 - METHOD OF MEASUREMENT The quantity to be paid for under this Contract shall be the number of tons of material placed and compacted in accordance with this Speci- fication, and as ordered by and to the approval of the Engineer. The quantity shall be measured using the certified weight of each load supplied to the site. Where only a fraction of a load is placed, the Engineer will determine what fraction of the load was placed, and adjust the certified weight accordingly. 2.6 - BASIS OF PAYMENT The unit price bid per ton for this item shall include the cost of furnishing all labor, materials, and equipment necessary to complete the work, including unloading, placing, rolling and compacting of the asphalt concrete. 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SOUTHOLD TOWN HALL .r: �'000 r NEW •,'•t' �� N Y.s f�EK y.., .�•. 4 do t•.•• .'t, .e ••,t \ / lopti . PROJECT' \•o LOCATION LM-1 HOLZMACHER,McLENDON andMURRELL,P.C. Consulting Engineers. Environmental Scientists and Planners Melville,N.Y. Farmingdale.N.Y. Riverhead.N.Y. TOWN OF SOUTHOLD SUFFOLK COUNTY NEW YORK CONTRACT AND SPECIFICATIONS FOR PLACING BINDER, TOP, AND SHOULDER COURSE ASPHALT CONCRETE ON NEW SUFFOLK AVENUE PROJECT NO. SOHT 81-06-B TOWN BOARD Supervisor William R. Pell III Councilmen Henry W. Drum Francis T. Murphy Larry W. Murdock John J. Nickles Justice Francis T. Doyen SUPT. OF HIGHWAYS TOWN CLERK Raymond C. Dean Judith T. Terry w SEPTEMBER 1981 HOLZMACHER,McLENDON andMURRELL,P.C. consulting Engineers. Environmental Scientists and Planners Melville,N.Y. Farmingdale,N.Y. Riverhead.N.Y. HOLZMACHER, MCLENDON 6 MURRELL, P.C. / H2M CORP. CONSULTING 040INEE49 AND ENVIRONMENTAL SCIENTIST! INDEX TOWN OF SOUTHOLD PLACING BINDER, TOP AND SHOULDER COURSE ASPHALT CONCRETE ON NEW SUFFOLK AVENUE PAGE Index I - 1 page Notice to Bidders NB - 1 page Information for Bidders IB - 12 pages Proposal P-A thru P-D Indemnity, Limitation of Liability ILL - 1 page Contract C - 28 pages General Conditions GC - 7 pages General Specifications GS - 2 pages Technical Specifications TS - 4 pages Typical Roadway Section TRS - 1 page Location Map LM - 1 page I-1 HOLZMACHER, McLENDON&MURRELL,P.C.I H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN that SEALED BIDS will be received by the Town Clerk of the Town of Southold at the Town Hall, Main Road, Southold, New York, until 10: 00 A.N. prevailing time# on Thursday, Sept. 24, 1951 at which time and place they will be publicly opened and read for the following contract: PLACING BINDER, TOP, AND SHOULDER COURSE ASPHALT CONCRETE ON NEW SUFFOLK AVENUE The above item must conform to the Specifications of the Suffolk Countv Department of Public Works for Item 51-F - Asphalt Type lA (Two- Courses) and Item 51Y - Asphalt Concrete for Shoulders. Specifications may be obtained on or after Sept. 17, 1981 at the Town Hall and offices of the Consulting Engineers, HOLZMACHER, McLENDON & MURRELL, P.C. , 209 West Main Street, Riverhead, New York, 11901, and 125 Baylis Road, Melville, New York, 11747 , upon deposit of twenty-five dollars ($25 . 00) for each set furnished. • Deposits for Specifications will be refunded to bidders who return Specifications within ten (10) days in good condition; other deposits will either be partially or not refunded if the Specifications have not been returned in good condition within thirty (30) days after bids have been opened. Each Proposal must be accompanied by a certified check or bid bond in the amount of five percent (5%) of the total bid, made payable to William R. Pell, III , Supervisor, Town of Southold, as set forth in the Information to Bidders. The Town reserves the right to reject any or all bids, to waive any informalities and to accept such alternate bid which, in the opinion of the Town Board, will be in the best interests of the Town. BY ORDER OF THE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK JUDITH T. TERRY, TOWN CLERK TOWN OF SOUTHOLD SOUTHOLD, NEW YORK 11971 DATED: SEPTEMBER 8, 1981 NB-1 HMZMACHER, MCLENOON d MURRELL. P.C. / H2M CORP. CONSULTING ENGINUM AND 9XVIMMMIENTAL SCIDMSTi INFORMATION FOR BIDDERS BIDS FOR PROJECT The Town of Southold will receive SEALED PROPOSALS for Placinq Binder, Top, and Shoulder course Asphalt Concrete on New Suffolk Avenue. TIME AND PLACE OF BID Bids are to be submitted in opaque envelopes and will be received by the Town of Southold at the Town Hall, Main Road, Southold, New York, not later than 10: 00 A.M.J, Prevailing Time, Thursday, Sept. 24, 1951 at which time and place they will be publicly opened and read aloud. fise of the mails shall be at the Bidder 's own risk, and the Bidder shall be responsible for physical delivery of the Bid at the time and place set for opening of Bids. • BID ENVELOPE All proposals and either the certified check or bid bond must be placed in a sealed envelope bearing the Bidder's firm name and address marked, "Project No. SOHT 81-'06-B Proposal for Placinq Binder, Top, and Shoulder Course Asphalt Concrete on New Suffolk Avenue, Town of Southold. Suffolk County, New York" , but otherwise unmarked. If mailed, this envelope shall be placed in another envelope addressed to Town Clerk Judith T. Terry, Town of Southold, Town Hall, Main Road, Southold, New York 11971. Use of the mails is at the Bidder ' s risk. IB-1 HOLZMACHER,MCLENOON A MURK" P.C. / 142M CORP. C"ULTINO V461"Ung ANo UMMMMWTAL ICIPAT1516 INFORMATION FOR BIDDERS (CONT'D. ) SPECIFICATION DEPOSITS (a) Deposits for specifications will be completely refunded to Bidders who return same in good condition within ten (10) days after receipt of bids. Bidders will receive one-half of the deposit amount tor specfications returned after ten (10) days and before thirty (30) days following the bid date. (b) Deposits for specifications will be completely refunded to non-bidders who return same in good condition within 48 hours of receipt of said specifications. Non-bidders will receive one-half the deposit amount for specifications returned in good condition within ten (10) days following the bid date. No deposit for specifica- tions will be refunded to non-bidders after ten (10) days following the bid date. IB-2 HOLZMACHER,MCLENDON i MURRELL,P.C.!HZM CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS INFORMATION FOR BIDDERS '(CONT'D. ) SPECIFICATIONS Complete sets of specifications for the inspection of prospective bidders will be found on file with the Town Clerk, Town of Southold, Town Hall, Main Road, Southold, New York, and at the office of Holz- macher, McLendon & Murrell, P.C. , Consulting Engineers, 209 West Main Street, Riverhead, New York, or 125 Baylis Road, Melville, New York. All contractors must leave their names, phone numbers and correct mailing addresses upon receipt of the specifications. VERBAL ANSWERS The Town, its agents, servants or employees, or the Engineer, will not be responsible in any manner for verbal answers to any in- quiries regarding the meaning of the contract specifications given prior to the awarding of the contract. EXAMINATION OF SITE Bidders must satisfy themselves by personal examination of the location of the proposed work and of the actual conditions and require- ments of the work, and shall not, at any time after the submission of a proposal, dispute or complain of such estimate or assert there was any misunderstanding in regard to the scope of the work. The Contractor shall inspect the site and existing conditions be- fore submitting his bid. PROPOSAL The Form of Proposal contained herein shall be used in making out bids. Any proposal not in accordance with these instructions, or con- taining bids not asked for, may be rejected. R • IB-3 HOLT AACMER.M"NOON i YURULL. P.C. 1 142M QW. C"SULM4 0141MLM AND 9XV111"MOIFTK SCIUMM INFORMA•11ON FOR 111111111115 (ta1N'I' ' U, ) As the est imates Of tlu:llltl t tcs Of 1 "n's stilted 111 the hl't)l)utial are al►l)roximatc unly , 11idders arc requircd to sull"'it their l�rul)usal ul)on and in the 1'0110wilig exl)ress canditiuns , which shall ;ll�l)ly :Incl become a I►art of every prol)usal received . Bach hidden sha11 fill out . in ink , in ljoil, wards and 1' i };ures , in the s1mce�s l)ruvide�d , his unit ur lural) curl bid , as the Case 111.1), Ile , fur each item in said Fol-l" or I'rol)usa l for which lie is suhul i t t i fig . a bid. No bid will be considered which does not include kids for all items n'tTic:~i)i ol)ciy:l 1 , 1c l u I t i Ic o lrc�u i t ri .ion . — -- -�if the c:ontr;lct is not executed by the Town within forty- five (•15) days after tl►e receipt of bids , the obl itiat ion of* the bidder under this 1)I-ol)oSaI may tCvilliIla IC .It Iris oil tioil and lie shall tlie rc- u1)un 1)e crit i t led to .I refund of his cct•t i f ied check or release of hisl) id bond furnished by Ilius as security with leis proposal . R 13111 BOND Olt (:I:R'1'I I I I. I:IIIiGK liIch l)�t•ul)osal from a contractor :.I1a11 be accunll)anied 1►y a I► id • . bond or certified chick /)t a54)loflltile�ltotal I)i�d .St5uchochleck shall4ew York , in the amount of five 11el cen R. Pell III , Supervisor, Town of Southold, be Made payable to William New York, and the aull)unt then•eot` shall be the measure of liquidated fusal damages which the Town will sustain by the fslilllt'c►slloulecthcicontract da the bidder• to execute Ind deliver the contract , be awarded to him. "'Ile Checks of all unsuccessful bidders ►�i t t be returned upon the t'e.joc `ochor bofstanJsuccessfultbiJJer will le cl,etrnct by the parties ; also , tile returned upon tile execution of the contract and the furnishing of tie reclu i reed bond. NA�Ifi ON I311JI11iR -- usi - Each bidder must state iu �his propos person ,y firm orfull lllcorl)urutiun ness address , and the full nau,e of every Jerson or t i rm or interested in the ::aide? ; and the address of evcrY t !.)resident and sccret :lry of every corporation interested with I► irl. If 113-4 HOLZMACNEA,Md ENOON A MWMR L.P.C. I HN a". aoNsutTlNo aaNcw Mo ww%oNwonK WOMM PT N I-ORI-IAT I ON FOR lit 1ME R (CONT'h. ) no other person be so interested , lie mint distinctly state that fact , also that his proposal is made without any connection directly or in- directly with any other bidder for ti►e work particularly mentioned in his proposal . that it is in all respects without fraud or collu:iion, and that no person acting for or employed by the Town is di ►'ectly or indirectly interested therein, or in the supplies of work to which it relates , or in any portion of the prosrective profits thereof. QUALTFTCATIONS OF 11IDDERS (l ) The Town reserves the right to waive any informalities in, or reject any and all bids . The Town reserves the rigi►t to re- ject any ebidderslidoynoticiomplynot withconform requirc� entsl�ofathe Town 01.which the as to their qualifications . (2) All kidders must prove to the satisfaction of the Town that they are nary qualifications tole dsuccepssfully ,del ivelr�,thei►proposed Pos- sess the I1dCe5Sary q • equipment , and that they have performed and comifleted successfully similar work to an extent which , in the opinion of the TOw" , will qualify them by experience to perform the work which is proposed. (3) In determining the qualifications of a bidder , the Town will consider his record in the performance of any contracts entered into by him for the work contemplated or of similar nature may make such investigation as it dee► necessary 1 andto theermine the shall furnish to of the bidder to perform the work, Purpose n the Town the Town all such information and data for this Purl may request . (4) The Town shall be the sole judge of the qualifications of the bidders and of the merpslileereof bidderand inreserves perfothe rmancel�ofto "eject contracts # any bid if the record of t payment of bills and meeting of obligations townubcontraor if therevidenceial - men or employees is not satisfactory • submitted by or the invesrigatinaifiedsuch o carrybidders outatie obligations the Town that lie is properly q of the contract and to complete the work contemplated therein. GUARANTEE BOND The successful bidder shall he regi►ired to furnish at. the execu- tion of the contract an executed bond of a surety company authorized 13-5 HOLIMACHER,MdODON A MURREI.L„ F.C. / H2M CORP. CMIUL G 044W96M AND 9MV00MUMAL WJIMMtt INFORMATION FOR BIDDER (CONT. 1)) to do business in the State of New York and approved by the TOWII in an amount equal to one hundred percent (100'6) of the t0t:11 amo►►►►t of the contract , g1lara►►teeink to the Town the fa i thl'ul perfMAIMnce of the cuntract , uud payment of all claims for materials , 1111)01and wages in connection therewith . S I GNA`I'l1111. OF CONTRACTOR The bidder to whom a contract may be awarded shall att0nd at the office of the 'Town , with the surctics offered by 1►iu►, tai thin seven (7) days , Sunday excepted , after the date: of nutificatia►i by mai ) of the acceptance ;. s his proposal , and there sign► the co►►t ►•act in quadrupli - cate for the wurk and furnish approved security f01• its perfuru►ance . In case of failure to do so, the bidde►• shall be cc►nsidered as having abandoned the same , and the check accompanying; his prol►osal shall be forfeited to the 'town , or the penalty of the bid hoiid shall be invoked. CONTRACTOR'S INSURANCE The contractor shall not commence any work ►►ntil he has obtained and had approved by the 'Town all of the insurance specified and required in the cont►•act . WAIVER OF 114111NITy Attention of the bidder is hereby directed to the requirements of the General Municipal Law of the State of New York and in particular to Section 103-a of the General Municipal l.aw regarding "IVaiver of Immunity,,, as indicated on Page C-8 of the contract . IIESPONS 1131I.ITY FOR BIDDER Attention is hereby particularly directed to the provisions of the contract whereby the contractor will be resl►unsible for any loss or damage that may happen to the material or any part thereof during its delivery ; and also whereby the contractor shall make good any defects or faults due to materials or workmanship within twelve (12) months after its delivery, placement , and acceptance. R Ill-6 HOLIMACHER,UdM OLMI i MLIRRELL. P.C. / H2M COAD. Con"MMA WOMBS AND UMMM"WTAL W40MOU INFORMATION FOR BIDDERS (CONT'D. ) In order to secure the performance of the covenant of the con- tractor, the Town shall retain the Guarantee Eiond during the period of one (1) year from the date of the Engineer ' s final certificate. Work is required to be completed to the satisfaction of the Engineer and in :substantial accordance with the specifications hereunto annexed. TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK IB-7 State of New York U Bureau of Public Work Department of Labor A State Office Building Campus Albany,N.Y. 12240 CONTRACT REQUIREMENTS Each public work contract to which the State,a public benefit corporation,a municipal corporation or a commission is a party and which may involve the employment of laborers,workmen or mechanics,shall comply with the requirements of Article 8 of the New York State Labor Law: 1. 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 the contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week except in the extraordinary emergencies set forth in the Labor Law or where a dispensation is granted by the Industrial Commissioner. (See Section 220.2) 2. Each laborer, workman or mechanic employed by the contractor or subcontractor shall be paid not less than the prevailing rate of wages at the time the work is performed,and shall be paid or provided not less than the prevailing supplements at the time the work is-performed, as determined by the fiscal officer. If the prevailing rate of wages or the prevailing supplements change after the prevailing rate schedule is issued,each workman,laborer or mechanic shall be paid or provided not less than the new rates. (See Section 220.3) 3. The contractor and every subcontractor shall post in a prominent and accessible place at the work site a statement of the current wage rates and supplements specified by the contract for the various classes of mechanics,workmen or laborers. (See Section 220.3-a) 4. Apprentices must be registered,individually,under a bona fide program registered with the New York State Department of Labor. The allowable ratio of apprentices to journeymen in any craft classifica- tion shall not be greater than the ratio permitted to the contractor as to his work force on any job under the registered program. Any employee who is not registered as above, shall be paid the pre- vailing wage rate for the classification of work he actually performed. The contractor or subcontrac- tor will be required to furnish written evidence of the registration of his program and apprentices as well as of the appropriate ratios and wage rates for the area of construction, prior to using any apprentices on the contract work. (See Section 220.3-e) 5. (a) No contractor, subcontractor, nor any person acting on his behalf,shall by reason of race,creed, color, sex or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates.(See Section 220-e (a) ) (b) No contractor, subcontractor, nor any person acting on his behalf shall,in any manner,discrimi- nate against or intimidate any employee on account of race,creed,color,sex or national origin. (See Section 220-e (b) ) NOTE: The Human Rights Law also prohibits discrimination in employment because of age,disability or marital status. (c) There may be deducted from the amount payable to the contractor under the contract a penalty of five dollars for each calendar day during which such person was discriminated against or intim- idated in violation of the provisions of the contract. (See Section 220-e(c) ) (d) The contract may be cancelled or terminated by the State or municipality,and all moneys due or to become due thereunder may be forfeited, for a second or any subsequent violation of the terms or condition of the anti-discrimination sections of the contract. (See Section 220-e (d) ) (e) These provisions shall be limited to'operations performed within the State of New York. (See Section 220-e(e) ) PW-3(5.80) 113-8 STATE OF NEW YORK DEPARTMENT OF LABOR BUREAU OF PUBLIC WORK STATE OFFICE BUILDING CAMPUS ALBANY, N. Y. 12240 Schedule Type-HVY / HWY 33 Date 07/08/81 Refer to: PREVAILING RATE CASE NO. T/O Southnid PRG 810290`t NAS/SUF 01 to: William H. Spitz, Engineer Location and Type of Project Holzmacher, McLendon & Murrell Install asphalt concrete 0 125 Baylis Road pavement-SOFIT 81-06, New Melville, NY Suffolk Ave, T/O Southold 11747 Mattituck, NY Suffolk Co. In response to your request, enclosed are schedules of the prevailing hourly wage rates and the prevailing hourly supplements for the above project, together with copies of the Notice of Contract Let (PW-16) for your use. The schedules must be annexed to and form a part of the specifications for this project when it is advertised for bids. These schedules have been prepared and forwarded in accordance with Section 220 of the Labor Law, which provides that it shall be the duty of the fiscal officer to ascertain and determine the schedules of supplements to be provided and wages to be paid to workers, laborers and mechanics employed on public work projects, and to file such schedules with the department having jurisdiction. These wage rates and supplemental benefits are subject to change, and you will be periodically notified of such changes. The wage rates and supplemental benefits to be paid and provided must be those prevailing at the time the work is being performed. Supplemental Benefits Legend used in the "other supplements" column of the Prevailing Rate Schedule: A. Health & Welfare ( includes hospital C. Supp. Unemployment Benefits I. Annuity Fund surgical or medical insurance or D. Scholarship Fund J. Benefit Fund benefits, life insurance or death E. Paid Holidays K. Security Savings benefits, accidental death or dis- F. Education Fund memberment insurance). G. Vacation L. Hol i day Pay B. Pension H. Apprentice Training M. Other M1 Very truly yours, Nicholas Valentine, Jr. DIRECTOR WHEN ANY PROJECT IS COMPLETED OR CANCELLED, NOTIFY THE NEAREST DISTRICT OFFICE OF THE BUREAU OF PUBLIC WORK. ( see addresses below) ^ State Office Bldg. Campus, A I bang N. Y. 12240 65 Court St— Buffalo N. Y. 14202 155 Main Street West, Rochester N. Y. 14614 - 44 Hawl ey St. , Bi n9ham-ton N. Y. 13901 175 Fulton Ave— Hempstead Hempstead N. Y. 11550 333 East Washington St— Syracuse Syracuse N. Y. 13202 207 Genesee St. , Uti ca N. Y. 13501 30 Glenn St. Whi to Plai ns N. Y. 10603 PW-200 (6-79) IB-9 PREVAILING RATE SCHEDULE C-tate of New York Case Number Bureau of Department of Labor Public Work 8102904 NASSAU AND SUFFOLK COUNTIES Prev- SUPPLEMENTAL BENEFIT PAYMENTS ailing OCCUPATIONS wage health basic and pen- suppl . other supplements hourly welfare sion unemp. rate (A) (B) (C) (D) through (M) CORL DRILLER Core Dri I ler 10. 605 1. 00 . 74 G-. 19 Helper 9. 245 1. 00 74 G-. 19 LLFCTIi_[CIAN Llectrician 15. 10 77•+. 35 5 1/2'/. 25 GSL- 8 1/2V.., hi-5/8%, I-9'/•, J-3'/. Appr. 1st term 6. 011- 7'/.+. 35 5 1/2% 25 G&L- 8 1/2'/., H-5/8%, I-9'/., J-3% IRONWORKI'R Ironworker-Struc-tura I 12. 95 1. 86 2. 30 •' Appr. 1st term 7. 28 1. 86 2. 30 G-1. 85, H-. 111 I-2. 15 Reinforcing-(Lather) 13. 511- 1. 325 . 985 D-. 02, G-. 75, H-. O1, I-1. 10 Appr. 1st Term 3. 85 1. 325 . 985 D-. 02, H-. 01 Ironworker-Ornamental 12. 62 1. 21 1. 55 G-1. 00, H-. 10, I-2. 00 -Cheri n L i nk 12. 62 1. 21 1. 55 G-1. 00, H-. 10, I-2. 00 Fence "Appr. 1st term 7. 57 1. 21 1. 55 G-1. 00, Il-. 10, I-2. 00 MASON Br i ck I ayer 12. 't9 1. 33 1. 93 H-. 03, I-2. 05 Appr. lst term 6. 25 1. 33 1. 93 H- 03, 1- 50 11AINILK Hai liter-Brush 10. 92 1. 0`t 1. 0`t G-. 33, I-. 71 Scaffold/Spray 13. 2G 1. 26 1. 26 G-. 'F05, I- . 71 Appr. 1st term 6. S5 62 62 G- 20, 1- 25 Nassau Co. (N of L. I. E. to Pt. Wash BI vd. , S. of Sunrise Flwy. E. to Long Beach Rd. ) --------------------- --- -- ---- Pai n-ter-Brush 10- 82 1. 29 2. 30 G-. 70, H- 05 Appr. 1st term S. It 1. 29 1. 15 G-. 35. H-. 05 ^ Scaffold/Spray 12. 37 1. 29 2. 30 G-. 70, H-. 05 Nassau Co. Remainder of County ------------------------------ Painter-Steel 14. 28 1. 86 2. 00 H-. 07 Power Tool , Sproy 15. 28 1. 99 2. 1`t H-. 08 Sandblaster( steel ) 15. 28 1. 99 2. 14 H- 08 Appr. 1st term 7. 00 . 91 . 98 H-. 035 Nassau Co. -Entire County Pai n-ter Brush 12. 39 3. 22 1. 00 G-. SO, H-. 21 Steel /Br i dge 15. 30 3. 22 1. 00 G-. 50, H- . 21 Spray 13. 88 3. 22 1. 00 G-. 50, H-. 21 Appr. 1st term 6. 42 1. 97 1. 00 11- 25, 1-1- 21 Suffolk Co. PLUMFIFR P I umuer 13. 6S 1. 00 2. 05 - Appr. 1st term S. 46 60 1. 31 G-. 70, H-. 21t, I 29 Suffolk Co. ------------------------------ PI umber 12. 75 1. 10 1. 54 G-1. 10, H-. 25 I. Appr. 1st term 5. 10 . 44 616 G-. 44, H-. 10 Nassau Co. TEAMSTER Truck Driver Excavation 10. 12S 1. 6125 2. 852S I-. 40 Euc I i d 10. 525 1. 6125 2. 8525 1- 40 Other 9. 325 1. 6125 2. 50 w WELDER Welder To be paid the rate of the mechanic performing the work n OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY and BUILDING SCHEDULES Print 33 IB-10 PREVAILING RATE SCHEDULE State of New York Case Number Bureau of Department of Labor flub IIc Work 8102904 NASSAU AND SUFFOLK COUNTIES Prev- SUPPLEMENTAL BENEFIT PAYMENTS ai I i ng OCCUPATIONS wage health basic and pen- suppl . other supplements hourly welfare sion unemp. rate (A) (B) (C) (D) through (M) CARPENTER Carpenter (H/H) 13. 3S 1. 85 1. 03 G-. 95, H-. OS, I-. 7S Helper 11. 15 1. 85 1. 03 G-. 95, H-. O5, I-. 7S Appr. 1st term 7. 34 1. 85 1. 03 G-. 95, H-. O5. I-. 75 Nassau Co. (South of So. State Pkwy. & West of Seaford Creek) ---------------------- -------- Carpenter (H/H) 13. 40 1. 50 1. 49 G-. 95, FI-. 06 Appr. 1st term 6. 70 1. 50 1. 49 G-. 95, 11-. 06 Nassau Co. Remainder of County ------------------------------ Carpenter(H/H) 13. 4S 1. 33 1. 71 Appr. 1st term 6. 70 1. 33 1. 71 G-. 90, H-. 06 Suffolk Co. ------------------------------ Pi ledri ver/Dockbui Ider 13. 25 1. 85 1. 03 Appr. is t term 7. 34 1. 85 1. 03 G-1. 01, H-. OS, I-. 75 ------------------------------ TI mberman 12. 31 1. 85 1. 03 G-. 95. H-. 05. I-. 75 Helper 10. 80 1. 85 1. 03 G-. 95, H-. 05, I-. 7S ELECTRICIAN-HIGHWAY MAINTENANCE Applicable on traffic signals and street lighting only. Mai nt. Electrician 12. 30 8'/. 4 1/2'/. G & L-6 1/2V... I-7'/. H-5/8%, J-3% Appr. 1st term 4. S7 8% 4 1/2% G & L-6 1/2%, 1-7% H-5/8%, J-3% LABORER(HVY/HWY) Laborer (H/H) Basic. Concrete, n Jackhammer 8. 90 10 V. 13 V. G-. 75 Pipelayer, Land- Scape, Trackman 8. 90 10 % 13 '/. G-. 75 Power Tool S. 90 10 % 13 V. G-. 75 Asphalt Raker, Form Setter 9. 50 10 % 13 V. G-. 75 Asphalt Shoveler and Tamper 9. 30 10 Y. 13 V. G-. 75 MASON Cement Finisher 12. 60 2. 19 2. 02 H-. 01 Appr. 1st term S. 30 2. 19 2. 02 H- 01 SIGN E=RECTOR Sign Erector 11. 70 82 1. 11 H- 02, 1- 43 M-Emp S. S. SSTRTPER Striping Mach. Oper 9. 90 59 70 G-7% Li nerman 10. 40 . 62 . 72 G-7'/. TREE TRIMMING Tree Trimmer 8. 43 . 34 . 25 1st 6mo 5. 51 . 34 . 25 Groundman, Driver 1st 6mo S. 07 . 34 . 2S Driver 2nd 6mo 6. 36 . 34 . 25 Driver after 1 yr. S. 95 . 34 . 25 TREE REMOVAL & LANDSCAPING_ Landscape Laborer $. 90 10% 13% G-. 75 Mulching Machine Oper. 11. 995 9'/. of 2. 25 G-1. 00, H-. 15. M-. 10 rate+vac. Stump Chipper Mach. 10. 97 9'/. of 2. 25 G-1. 00, H-. 15, M-. 10 rate+vac. 1 Truck Driver 9. 32S 1. 6125 2. SO WELL DRILLER We I I Dri I 1 er 10. SS 8% 2. 25 G- 40 He'l per 8. S5 8'/. 2. 2S G-. 40 OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY SCHEDULES Pri nt 33 IB-11 PREVAILING RATE SCHEDULE State of New York Case Number Burenu of Department of Labor 8102904 Public Work NASSAU AND SUFFOLK COUNTIES Prev- SUPPLEMENTAL BENEFIT PAYMENTS ai I i ng OCCUPATIONS wage health basic and pen- suppl . other supplements hourly welfare Sion unemp. rate (A) (B) (C) (D) through (M) SURVEY CREW (HIGHWAY 8 HEAVY) Party Chief 12. 16 . 90 . 70 F-. OS, G-. 70, I-1. 50 ► Instrument Man 30. 21 . 90 . 70 F-. 05, G-. 70. I-1. 50 Rodman/Chas nman 8. 91 . 90 . 70 Survey Rates apply to those workmen employed on HIGHWAY and HEAVY contracts let on or after July 2, 1979 POWER EQUIPMENT OPERATOR (H/H) Alpha I t Spreader 13. 18 9/ of 2. 25 . 20 H- 15, 13-1. 00- M- 10 Backhoe 13. 55 hourly Boring Machine 13. 12 rate + Bulldozer 12. 37 vac. Compressor-Single 11. 995 Compressor-2 or more in battery 12. 60 Concrete Pump 12. 64 Concrete Spreader 13. 18 Concrete Breaker 11. 28 Conveyor 12. 37 Crane 13. 18 Location, Effective Date and Dragline 13. 55 Supplemental Benefit Payments Finishing Machine 12. 37 are the same for all Power Equipment Fireman 12. 37 Operators. Generator 12. 29 Grade-All Oper. 13. 55 Grader 12. 585 Front End Loader 12. 905 Mai nt. En9. 12. 37 Mulching Machine 11. 995 Oiler 10. 97 Piledriver 13. 55 Post Driver (Guard Rail ) 13. 12 Power Broom 11. 425 Pump (Under 4") 11. 995 Pump (Over 4") 12. 38 Ridge Cutter 11. 28 Roller - 5T 8 Under 12. 37 Roller - Over S Ton 12. 72 Scraper 12. 37 Shovel 13. 5s Stump Chipper 10. 97 Tractor-Caterpiller or Wheel 10. 755 Track Tamper 10. 97 Trenching Machine 13. 395 OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY SCHEDULES Print 33 IB-12 HOL=ACFiM MdXM M i MURMLL-RC. 1 N2M CW PROPOSAL, - BIDDER'S DECLARATION TO THE TOWN BOARD of the TOWN OF SOUTHOLD, SUFFOLK COUNTY, STATE OF NEW YORK: r BIDDER'S DECLARATION: The undersigned, as Bidder, declares that the only person or persons interested in this Bid or Proposal• as principal or principals is or are named herein and that no other person than herein named has any interest in this Proposal or in the Contract proposed to be taken ; that this Bid or Proposal is made without any connection with any other person or persons making a BidorProposal for the same purpose; the Bid or Proposal is in all respects without fraud or collusion, that he has examined the site of the work, the Form of Contract and Specifications, and the Drawings therein referred to, and has read the Notice to Bidders, Information for Bidders and General Conditions hereto attached and fully understands all the same; that he proposes and agrees, if this Proposal is accepted, that he will contract with the TOWN BOARD of the TOWN OF `SOUTHOLD.. in the Form of Contract accompanying this Bid, to perform all the work required in accordance with the Plans and as mentioned in said Form of Contract, Specifications, Notice to Bidders, Information for Bidders and General Conditions, and he will accept in full payment, therefore, the following sums to wit : 1 7/79 P-A RT HOLZMACHER, McLENDON&MURRELL,P.C.I H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS PROPOSAL (CONT'D) PLACING BINDER, TOP, AND NEW SUFFOLK AVENUE SHOULDER COURSE ASPHALT CONCRETE TOWN OF SOUTHOLD PROJECT NO. SOHT-81-06-B SUFFOLK COUNTY, NEW YORK i BID DATE: SEPT. 24 , 19 +1 10:00 A.M. ITEM 51F Place and Construct a Two-Course Asphalt Concrete Pavement, Type 1A Top and Binder Approximately 800 Tons EIC,1W OOLLAA.3 ASD Price per Ton.WPJ."►. 11* CAA.j1V. , ($ S-UP ) S1* 1110u sk-w 0 Sly. D 1w j 044 �16 ALT TOTAL. .PJ UL"S +uo MO C EFTS . G� Dollars ITEM 51Y Place and Construct Asphalt Concrete Shoulder Pavement Approximately 500 Tons MtCauir 00LLAA3 r J)p Price per Ton. '[ 1 . S1X.DC.10T�S. ($ 8.Z/0 ) �O V A_ '['µOUB-LN O OJ E 11�w�I�i 94 'T Lk Xr ! TOTAL. .OQ 4A0 ,.jj 0 . NO . C�i'R . . . . : ($ 4 13 O Dollars NOTE: IT IS HEREBY BROUGHT TO THE BIDDER'S ATTENTION THAT BIDS FOR THIS CONTRACT ARE BEING RECEIVED BY THE TOWN OF SOUTHOLD CONCURRENTLY WITH BIDS FOR CONTRACT NO. SORT-81-06-A, "FURNISH AND DELIVER BINDER, TOP, AND SHOULDER ASPHALT CONCRETE TO NEW SUFFOLK AVENUE." THE BIDDER IS OFFERED THE OPPORTUNITY TO COMPLETE AN ALTERNATE BID FOR THIS CONTRACT. (NO. SOHT-81-06-B) WHICH WILL APPLY ONLY IF IT I THE SUCCESSFUL BIDDER ON CONTRACT NO. SOHT-81-06-A. TIDDER, BY COMPLETING AND SUBMITTING THIS ALTERNATE BID, UNDERSTANDS AND AGREES. THAT THIS ALTERNATE BID WILL BE CONSIDERED AS ITS PROPOSAL FOR WORK UNDER THIS CONTRACT IF AND ONLY IF IT IS THE SUCCESSFUL BIDDER ON CONTRACT NO. SOHT-81-06-A AND AWARDED BOTH CONTRACTS. PB-l HOLZMACHER,MCLENDON m MURRELL,P.C.1 H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS PROPOSAL (CONT'D) PLACING BINDER, TOP AND NEW SUFFOLK AVENUE SHOULDER COURSE ASPHALT CONCRETE TOWN OF SOUTHOLD PROJECT NO. SOHT-81-06-B SUFFOLK COUNTY, NEW YORK BID DATE: SEPT. 24, 1981 10:00 A.M. Alternate Item A-51F (Applies only to Successful Bidder for Contract No. SOHT-81-06-A) Place and Construct a Two-Course Asphalt Concrete Pavement , Type 1A Top and Binder Approximately 800 Tons Er'w POLL4,tz 4WD Price per Ton.SWOrME0 , tPjVw.. . , . ($ St Jr T"LX.A A0 PWC. VANOA" 1 ar VOW Ob TOTAL. QO c tpn.S. A.�l 4, .IVO , u1 is, . . (s G� ar`28. ) 'DbllaPs' A Alternate Item A-51Y (Applies only to Successful Bidder for Contract No. SOHT-81-06-A) Place and Construct Asphalt Concrete Shoulder Pavement Approximately 500 Tons t %C,W.T GOt%A" .A^V Price per Ton. SIITvw . .'3. . . . ($ Dollars POO& 'T"%)S A.ND f tt~"%� POLt"S � TOTAL. *0 . . . . . . . i . . . . . ($ Dollars PB-2 HOLZMACHER,MCLENDON&MURRELL,P.C.!H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS PROPOSAL CONT'D PLACING BINDER, TOP, AND NEW SUFFOLK AVENUE SHOULDER CONCRETE ASPHALT CONCRETE TOWN OF SOUTHOLD PROJECT NO. SOHT-81-06-B SUFFOLK COUNTY, NEW YORK BID DATE : SEPT. 24, 1981 10:00 A.M. TOTAL BID (SUM OF ITEM 51F AND ITEM 511) Ar4 TOTAL. E,1Q*4; ,t L,40 .4YO. No ,tk'#j % . . . . . . . ($ .1 r 731a• ) Dollars *ALTERNATE TOTAL BID (SUM OF ALTERNATE ITEM A-51F AND ALTERNATE ITEM A-51Y) TOTAL. gL444 . AWP PO .CXAJ1*>. . . . . . ($ 14 (008.4 ) Dollars COMPLETION DATE SHALL BE 30 CALENDAR DAYS AFTER SIGNING THE CONTRACT LIQUIDATED DAMAGES SHALL BE $50.00 PER DAY BIDDER' S NAME: MUERFIELD CONTRACTING, 1RCo lb HLATR—F= BIDDER'S ADS: GARDEN CITY .N Y 1 -530 SIGNED BY:-17A(-,�� T I TLE JOSEPH H. FA,R,LEY, PREF DENT DATE: -SEP 211981 *Applies only if Bidder is the Successful Bidder on Contract No. SOHT-81-06-A and Awarded Both Contracts PB-3 WLVAACHi L Mei i IiNAUlt PA- i HIM COMP. PROPOSAL - (CONT'D.) Enclose certified check or bid bond for five percent (5x) of the total bid, as stipulated in the foregoing Information for Bidders. F The Bidder hereby agrees to enter into a contract within seven (7) days after due notice from the Town of Southold that the contract has been awarded to him and is ready for signature, such • notice to be given in writing within forty-five (45) days of the date of opening of the bids, and on the signing of such contract by him to furnish the indemnifying bonds as provided in the Contract. And, the Bidder hereby further agrees that in the event of his failure or refusal, to enter into a contract in accordance with this bidwithinseven (7) days after due notice from the said Town Board as given in accordance with the Information for Bidders, and/or his failure to execute and deliver the bond for the full amount of the contract price as provided in said Information for Biddees, that the bidder's `eheek which is herewith deposited with the Town shall, at the option of said Town, . become due and payable as ascertained and liquidated damages for such default, otherwise the said check shall be .returned to the undersigned. The full name and residences of all persons and parties interested in the foregoing bid as principals are as follows: NAME ADDRESS JOSWH H. FARLEYA pRESIGFAT,-rCAA►S 16 death PI.Garden City,N.Y. 3AMES H. FARLEY /ICE PRESIDENT 16 Heath PI.Garden MY,N.Y. GREGORY H. FARLEY - SECRETARY 16 Heath PL Garden City N,Y. NAME OF BIDDER: MUIRFIELD CONTRACTING, INC. lb HEATH PLACL. BUSINESS ADDRESS OF BIDDER: GARQEN CITY N.Y_ DATED AT: <:!AlaWJ'_"� - THE DAY OF P-C NotZMA"m mdxwo i Mu UL.P.C. / HVA CARP. oaut+ wanu�i m+o wh�oaMcwn►� .aomns PltOPO;AL (CONT'D. NQN COLLUSF BIDDING CERTIFICATE By submission of this bid, each bidder and each person signing behalf of any bidder der certifies, and in the case of a joint bid, each party thereto certifies as to its own knowledgeZandobelief under penalty of perjury, that to the best 1. The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, the purpose of restricting competition, as to any matter relating to such prices with' any Other bidder or with any competitor: and 2. Unless otherwise required by w tlgial, the y dissclos®dsbyhich have the bidder t been kno quoted in this bid have no i not knowingly be disclosed by the bidder prior to opening, and will her badder or to any competitor; and directly or indirectly, to any ot 3. No attempt has been madeor will be made bytohsubmiteOrtnot induce any other person, partners p to submit a bid for the purpose of restricting competition. c Dated: 'SEP 2 41981 liuirfield Contraotin8.& By: Fq,RLEY, PRESS This bidder cannot make the foregoing settingcforth ination ddetail statement signed by the bidder is attache the reasons therefor: 1 P-D HOIZMACHER, MdANDON i MURRELL, P.C. / HZM CORP. emsumme o+simuns Amo awvwnoNMonµ sciumsn INDEMNITY, LIMITATION OF LIABILITY 1. INDEMNITY The Contractor and all sub-contractors performing work in connection with this contract shall HOLD - HARMLESS, INDEMNIFY and defend the OWNER and ENGINEER, their consultants, and each of their officers, agents and employees from any liability, claims, losses or damage including reason- able costs of defense arising out of or alleged to arise frdm the Con- tractor's or sub-contractor's negligence in the performance of the work described in the Contract documents, but not including liability that may be due to the sole negligence of the OWNER, ENGINEER or their officers, agents and employees. 2. LIMITATION OF LIABILITY The Contractor and all sub-contractors agree to limit the liability of the OWNER and ENGINEER due to the Engineer's professional negligent errors or omissions such that the total aggregate liability of the engineer to those named shall not exceed fifty thousand ($50,000. ) dollars, or 5% of the contract award amount, whichever is greater. 1 10/80 ILL 1 of 1 HOLZMACHER, MCLENDON d MURRELL, P.C. / HZM CORP. CONSULnNO ENOINUtRS ANG Emv1ROMMENTAL SCIENTIM CONTRACT CONTRACT IN QUADRUPLICATE FOR PLACING BINDER, TOP AND SHOULDER " COURSE ASPHALT CONCRETE ON NEW SUFFOLK AVENUE AT TOWN OF SOUTHOLD, SUI•FOL,K COUNTY , NEW YORK , dated , 19 , BY AND BETWEEN THE TOWN BOARD OF THE TOWN OF SOUTHOLD, SU I.FOLIC MINTY , NEW YORK , (herein va l l ed the "Town , " and (herein called the "Contractor" ) . WITNESSETH , that the Town and the Contractor, in consideration of the premises and of the mutual covenants , considerations and agreements herein contained , agree as follows: This Contract is hereby awarded to the Contractor for the work and material called for under his bid in the Proposal section of the Contract and designated as Items: and if required by the Consulting Engineer, Items: for the sum of• Dollars r for the unit and/or lump-sum price(s) as listed in the Proposal herein. C-1 HOLZMACHER. McLENDON 6 MURRELL. P.C. / H2M CORP. CONSULTING ENGINEER& AND ENVIRONMENTAL SCIENTIST! CONTRACT - CONT'D. 1 . CONTRACT DOCUMENTS AND DLFINITIONS The Notice to Bidders, Information for Bidders, Proposal , General Conditions, Contract , Specifications and Plans , together with any Addenda , shall form part of this Contract , and the pro- visions thereof shall be as binding upon the pal-ties hereto as it they were herein fully set forth. The titles , headings, head- lines and marginal notes contained herein are solely to facilitate reference to various provisions of the Contract Documents and in no way affect , limit or cast light, upon the interpretation of the provisionm to which they refer. Whenever the term "Contract Docu- Iiients" is used, it. shall mean and include this Contract , the Plans, Specifications, any Addenda , and the Nottce to Bidders, Information for Bidders, General. Conditions and Proposal . Iu cane of any cun- flict or inconsistency between tale provisions of the Contract and those of the Spec:ificationsg the provisions of the Contract shall govern. WORK: The ' term "Work" , as used herein, refers to all of the work proposed to be accomplished at the site of the project and all such other work as is in any manner required to accomplish the completed project , and includes all plant , labor, materials, supplies, equipment and other facilities and acts necessary or proper for or incidental to the carrying out and completion of the terms of this Contract . The term "work performed" shall be construed to include material delivered to and suitably stored at the site of the project. EXTRA WORK: The term "Extra Work" , as used herein, refers to and includes all work required by the Town which, in the judgment of the Engineer , involves changes in or additions to work required by the Plans, Specifications and any Addenda in their present form. SUBCONTRACTOR: The term "Subcontractor" , as used herein, shall mean any person, firm or corporation applying labor and material for work at the site of the project , but not including the parties to this Contract. ENGINEER: In the performance of the work, the Town shall be represented by its Consulting Engineer HOLZMACHER, McLENDON & MURRELL, P.C. , (herein called the "Engineer") . SUPPLY CONTRACTOR: The terms, "Supplier" , or "Supply Contractor" , as used herein, shall mean any person, firm or corporation involved in + the manufacture, transport, and delivery of the asphalt concrete materials to be placed under this Contract. C-2 HOL.ZMACHER, McLENDON i MURRELL, P.C. / HZM CORP. CONSULTINO OWNURG ANO ENVOW NUDITA<L 80001M CONTRACT - CONT'D. NOTICE - The term "Notice" , as used herein , shall mean and include written notice. Written notice shall be deemed to have been duly served when delivered to, or at the last known business address of, the person, firm or corporation for whom intended or to his, their, or its duly authorized agents, representatives or officers, or when enclosed in a postage prepaid wrapper or enve- lope addressed to such person, firm or corporation at his , their, or its last known business address and deposited in a United States Mail Box. DIRECTED, RF: IJIQ RED. APPROVED, ACCEPTABLE - Whenever they refer to the work, or its performance, "directed" , "required" , "permitted" , "ordered", "des i R•na t ed" , "prescribed" , and words of like import shall imply the direction , requirement , Permission , order, designa- tion or prescription of the Engineer, and "approved"„ "satisfied" , or "satisfactory" , "in the judgment of" , and words of like import, shall mean approved or acceptable to, or satisfactory to, in the judgment of the Engineer. 2. SCOPIC: OF THE WORK The Contractor will furnish all plant , .labor, material , supplies, equipment and other facilities and things necessary or proper for or incidental to, the work contemplated by this Contract as required by, and in strict accordance with, the applicable Plans, Specifications and Addenda prepared by the Engineer and/or required by and in strict accordance with, such changes as are ordered and approved pursuant to this Contract , and will perform all other obligations imposed on him by the Contract . 3. COMPENSATION TO BE PAID TO THE CONTRACTOR (a) Agreed Prices : It is understood and agreed that the Con- tractor will accept as payment in full the summation of products, of the actual quantities in place upon the completion of the work, as determined by the Engineer's measurements by the unit prices bid, no allowance being made for anticipated profit or for reason of variations from the estimated quantities scat forth in the Proposal. (b) Extra Work and/or Changes : The Town may, at any time, by a written order, and without notice to the sureties, require the performance of such extra work or changes in the work as it may find necessary or desirable. The amount of 'compensation to be paid to the Contractor for any extra work, as so ordered, shall lie determined as follows : C-3 WUMACHER,McLENDON i MURRELL. F.C. / HZM CORP. CON&ULTINO 944INUM ANO 9MVINNU MAL NC1U1T M CONTRACT - CONT'D. (1) By such applicable unit prices , if any, as set forth in the contract , or 4 (2) If no such unit prices are set forth, then by unit prices or by a lump sum mutually agreed upon by the Town and the Con- tractor, or (3) If no such unit prices are set forth, and if the parties cannot agree upon unit prices or a lump sum, then by actual net cost in money to the Contractor of the materials, permits, wages, or applied labor, premiums for Workmen's Cumpensation Insurance, payroll taxes required by law, rental for plant and equipment used (excluding small tools) to which total cost will be added twenty percent (20%) as full compensation for all other items of profit , costs and expenses, including administration, overhead, superintendence, insurance, insurance other than Workmen 's Compen- sation Insurance, material used in temporary structures, allowances made by the Contractor to subcontractors, additional premiums upon the Performance Bond of the Contractor and the use of small tools. 4 . TIME OF ESSENCE Inasmuch as the provisions of this Contract relating to the time for performance and completion of the work are for the purpose of enabling the Town to proceed with the construction of a public improvement, in accordance with a predetermined program, such pro- visions are of the essence of this Contract . 5. COMMENCEMENT OF WORK The Contractor agrees that he will commence work within ten 00) consecutive calendar days after signing this Contract , and that the day he commences work shall constitute the first of the consecutive calendar days allowed for completion of the work. C-4 Fidelity anCompanyd De osit p HOME OFFICE OF MARYLAND BALTIMORE,MD.21203 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned,._._Mui-rfeld_-Contraetijig---Inc_,___________________________________________________________ ------------------- 16__Heath__Place,___Garden City, New York 11530 ----------------------------------------------------------- Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND as Surety, are hereby held and firmly bound unto Town of Southold --------------------------------------------------------------------------------------------•---------------------------------------------------------------------------------------------- in the penal sum of-- --- Five Percent (5%) Amount Bid--------------------------------------------------------------- for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. 24th ..da of September 81 Signed this ------ - Y ----------------------------------------------------19 CONDITION OF THE ABOVE OBLIGATION IS SUCH, That, WHEREAS the Principal has submitted to-___.............. own__af__Southold---------------------------------__ a certain Bid, attached hereto and hereby made a part hereof, to enter into a contract in writing, for the _-_- - --- Pro,ject_ SOHT 81-068 Placing Binder Top and Shoulder Course - --------- ---- ------------------------------------------------------------- ---------------------------------Aa P h7.t... n... ew__Suffolk__Avenue--------------------------- --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------- ---------------- --------------------------------------------------------------------------------------------------------------------------- NOW, THEREFORE, (a) If said Bid shall be rejected, or, in the alternate (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said Contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, Then, this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Obligee may accept such bid; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. IRFIELD CONTRACTING INC. ---------- ------------------------------------------------------------------------------------ Principal BY------------- ` ----- ---------------- -----------•----------- "SEP' . FARLEY, PRESIDiE. FIDELITY AND DEPOSIT COMPANY OF MARYLAND BY ----•- ----- -------- ----------- C2424(N7)-2M,8-81 213491 Robert G. Tynan, Attorney—In—Fact Now York STATE OF--------------....... - - ..._------•--l Wassau Ji ss: Is 0> On this - - ...._ - _._...---�:=T .day of - - -.....— - 1�'., before me personally appeared.........----..-_...._�0Slil?h FI Farley — _•.�.- ----- ---- _ _ - ........................ .................................. with whom I am personally acquainted,who,being by me duly sworn,did depose and say: 16 Heath PI.Garden City, N. Y. president That he resides at.......................-......-I— - - - - - - - - -- - --- ---_ that he is the..................................................-......... Muirfield Contracting, Inc. ofthe.__--_.__—------------------------- the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of said corporation; that the seal thereto affixed is such corporate seal; that it is so affixed by order of the Board of Directors,and that he signed his name thereto by like order. JOHN J. PARR Notary Public, State of New York No. 01 PA3022648 Qualified in Ulster County _ - ------..-....... Commission Expires March 30,19$ Notary Public BR(112)23 213289 County STATE OF-New_York COUNTY Ojr--.X9JJL__y_QX*_ S * On this.. 0�-// 0 ---------- ------day of - ------------ -----------------------19.. ..... before me personally -- ----- --- appeared ------------------—Ratilmr-t-G.-lynan I with whom I awn personally acquainted, who, being by me duly sworn,did depose and say: That he resides at-------New.-Yark.---maw-yark—---------- ----_ --__________that he is the.Att,0-rjaay.!-!3n,.rjmt of the corporation descrihed in and which executed the foregoing instrument;- t;that he knows the corporate seal of sai that the seal thereto affixed is such corporate seal:that it was so affixed by order of the Board of Directors,and thatd he signedcorporation;his name thereto by like order. PAULA MORELLD WTMy KWIC STATE OF NEW YORK - ------------------ Ik 41-4W44 0WIffled In Ousons county --- e2-7—� --- CKtMW hi NOM York County >7 -------- BR(112)23 206037 / County 08MAka"[X*w March 30, " Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: BALTIMORE,MD. KNOw ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora- tion of the State of Maryland, by C. M. PECOT, JR. , Vice-President, and C. W. ROBBINS , Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Com- pany, which reads as follows: SEc.2.The President,or any Executive Vice-President,or any of the Senior Vice-Presidents or Vice-Presidents specially author- ized so to do by the Board of Directors or by the Executive Committee,shall have power,by and with the concurrence of the Secre- tary or any one of the Assistant Secretaries,to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require,or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings,recognizances,stipulations,policies,contracts,agreements,deeds,and releases and assignments of judgments,decrees, mortgages and instruments in the nature of mortgages,and also all other instruments and documents which the business of the Com- pany may require,and to affix the seal of the Company thereto. does hereby nominate, constitute and appointWilliam F. Tynan, III and Robert G. Tynan, both of New York, 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. . . . . . . . . . . . . . . . . . . . n the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Company,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 Company at its office in Baltimore, Md., in their own proper persons. This power of attorney revokes those issued on behalf of William F. Tynan, III, dated, September 27, 1978 and on behalf of Robert G. Tynan, dated, July 15, 1976. The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI,Section 2,of the By-Laws of said Company,and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this ---------------------11th-----------------------------day of-----------------------N.[ar-011------------------------ A.D. 19.8.1---- ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND D a Mo � n SEAI. ---en 7 B l: 1� • .y,.w Assistant Secretary Vice-President STATE OF MARYLANDl SS: CITY OF BALTIMORE J On this 11th day of March A.D. 19 81before the subscriber, a Notary Public of the State of Maryland,in and for the City of Baltimore,duly commissioned and qualified ,came the above-named Vice-President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and they each acknowledged the execution of the same,and being by me duly sworn, severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal,at the City of Baltimore,the day and year first above written. �,re{pOTAgyy'�f _____________________________ ____ _______ ____ __- ____ Notary Public C_ mmission x ' s July 1_1----- ... CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original Power of Attorney of which the foregoing is a full,true and correct copy,is in full force and effect on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents spe- cially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI,Section 2 of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day Of July, 1969. RESOLVED: `That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF I have hereunto s scribed my name and affixje, the corporate seal of the said Company, this ..._..........-............................... ....day of 'e 19.A., L1428Ctf.-1M,5-80 210737-112-2764ASSZSt6nt Sec ry ' L1458a-45M,8-8t 213630 a, FIDELITY AND DEPOSIT COMPANY OF MARYLAND Statement of Financial Condition AS OF JUNE 30, 1981 (a ASSETS *Bonds. . . . . . . . . . . .. . . . . . . . .. . . . . . . . . . .. . . . . .. . . . . . . . . . . . . . . . . . $93,030,643.18 *Stocks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . .. . . . . .. . . . 114,260,390.92 Real Estate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . 3,227,516.85 Cash in Banks and Offices... . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4,471,163.33 Premiums in Course of Collection (less than 90 days old).... . . . . . . . . . 13,062,314.46 Reinsurance and Other Accounts Receivable.. . . . . . . . . . . . . . . . . . . . . . 6,528,004.97 TOTAL ADMITTED ASSETS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $234,580,033.71 LIABILITIES, SURPLUS AND OTHER FUNDS Reserve for Unearned Premiums. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $69,040,531.27 Reserve for Claims and Claim Expenses.... . . . . . . . . . . .. . . . . . . . . . . . 41,920,031.40 Reserve for Taxes and Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2,374,684.13 Miscellaneous Reserves and other Liabilities. . . . . . . . . . . . . . . . . . . . . .. 19,706,522.45 TOTAL LIABILITIES.. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . $133,041,769.25 Capital Stock, Paid Up. . . . . . . . . . . . . . . . . . . . . . . . . . . . $5,000,000.00 Surplus. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96,538,264.46 Surplus as Regards Policyholders.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101,538,264.46 TOTAL. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $234,580,033.71 Securities carried at $3,458,875.00 in the above statement are deposited as required by law. *Securities carried on the basis prescribed by the National Association of Insurance Commissioners. On the basis of June 30, 1981 market quotations for all bonds and stocks owned, this Company's total admitted assets would be $210,071,091.62 and surplus as regards policyholders $77,029,322.37. I,WILLIAM R. Amos, Treasurer of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing statement is a correct exhibit of the assets and liabilities of the said Company,on the 30th day of June, 1981, according to the best of my information, knowledge and belief. William R. Amos ------------ William Treasurer STATE OF MARYLAND 1SS: CITY OF BALTIMORE 11J Subscribed and sworn to, before me, a Notary Public of the State of Maryland in the City of Baltimore, r. this 31st day of July, 1981. -- Stephanie A.-Mason Notarial -------- ----- ------- Notary Public Seal My commission expires July 1, 1982 HOLZMACHER, MCLENDON a MURR" P.C. / H2M CORP. CONSULTING OWINUM AND CNVIWNMCWAL OCIUMSTt CONTRACT - CONT'D. 6. TIME FOR COMPLETION R The time for completion of this Contract shall be within the number of calendar days stated in the Bid Proposal and the date 90 of such completion shall be the date of the certificate of com- pletion hereinafter specified. The Town reserves the right to order the Contractor to suspend operations when, in the opinion of the Engineer, impro- per weather conditions make such action advisable, and to order the Contractor to resume operations when weather and ground con- ditions permit. The days during which such suspension of work is in force are not chargeable against the specified completion time. 7. LIQUIDATED DAMAGES FOR DELAY The time limit being essential to and of the essence of this Contract, the Contractor hereby agrees that the Town 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 fifty dollars ($50.00) 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 Town 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, provided, however, that the Town 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 with- out his fault, or negligence, including but not restricted to Acts of God or of any public enemy, acts or neglect of the Town , acts or neglect of any other Contractor, fires, floods, epidemics, quarantine restrictions, strikes, riots, civil commotion 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 Town. No such extension of time shall be considered a waiver by the Town 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 obliga- tions hereunder. C-5 HOLZMACHER, MCLENDON i MURREI.I. P.C. I H2M CORP. CeNNeJL'nNO V401MU" AND ENVU MUIDOTAL SCIENTISU CONTRACT - CUNT'1). 9. CONTRACT SECURITY (a) The Contractor shall furnish a Performance Bend in an amount equal to one hundred percent ( 100`,0) of the total ce�ntract price as security for the faithful performances of this contract , and for the payment of all persons performing labor or furnishing mater- ials in connection with this Contract . (b) Additional or Substitute Bond : 11' , at any time , the Town shall be or become dissatisfied with any surety or sureties , then upon the Performance Bond, or if , for any other reason , such bond shall cease to be adequate security to the Town , the Contractor shall , within fi.ve (5) days after notice from the Town, substitute an acceptable band in such .form and sum, and signed by such other surety as may be satisfactory to they Town . Tho premiums On Sue:h bonds shall be paid by the Contractor. No further payments shall be deemed due, nur shall be made; until the:' new surety shall have been qualified. (c) Prior to release of the Performance Bund , the Contractor shall deli.ver ' to the 'Town a Maintu-nance Bond equal to one hundred percent (100` ) of the total Contract price, lnc.ludinb all extras. This Maintenance Bond shall remain in full force and effect for a period of one (1 ) year after the date of the final certificate and such bond, which shall be executed by the Contractor and issued by a reliable, solvent surety company authorized to do business inthe State of New York shall guarantee to the Town that the Contractor shall promptly remedy any defects or faults that may occur within twelve ( 12) montlis after completion and acceptance of the work performed by the Contractor pursuant to this Contract . 10. CONTRACTOR 'S INSURANCE The Contract:or shall not commence any work until he has obtained and had approved by the Town all of the insurance required under this Contract , as enumerated herein : Compensation Insurance Public Liability and Property Damage Insurance Contractor' s Protective Liability and Property Damage Insurance Owner' s (Town of Southold) and Engineer's Pro- tective Public Liability and Property Damage Insurance Automobile Public Liability andProperty Damage Insurance C-6 HOLZMACHER, MdMOON a MURR" P.C. I H2M CORP. CONSIKTING aNal"U" AND aNVIWNMCMTAL SC1ENTIM CONTRACT - CONT' D. The Contractor shall not permit any subcontractor to commence any operation on the site until satisfactory proof of carriage of the above required insurance has been posted with, and approved by, the Town. (a) Compensation Insurance: The Contractor shall take out and maintain, during the life of this Contract , Workmen's compensation Insurance for all of his employees employed at the site of tile pro- ject , and in any case of any of the work being sublet, the Contractor shall require the subcontractor similarly to provide Workmen's Com- pensation Insurance for all of the latter':i employees, unless such employees are covered by the protection afforded by the contractor. (b) Public Liability and Property Damage Insurance: The Con- tractor shall take out and maintain during the life of this Contract such Public Liability and Property Damage Insurance as shall pro- tect him and ally subcontractor performing work covered by this Contract for claims for damages for personal injury, including accidental death, as well as from claims for property damage which may arise from operations under this Contract , whether such opera- tions be by himself or by any subcontractor, or by anyone directly or indirectly employed by either of them, and the amounts of such insurance shall be as follows: Public Liability Insurance in the amount not less tlian Five Hundred Thousand Dollars ($500,000. ) for bodily injuries, including wrongful death to any one person, and subject to the same limit for each person in an amount not less than One Million Dollars ($1,000,000. ) on account of one accident . Property Damage Insurance in an amount not less than One Hundred Thousand Dollars ($500,000 . ) for damages on account of any one accident and in an amount of not less than Two Hundred Thousand Dollars ($1 ,000,000 . ) for damages on account of all accidents . (c) Liability and Property Damage Insurance: The above policies for public liability and property damage insurance must be so written as to include Contractor 's Protective Liability and Property Damage Insurance to protect the Contractor against • claims arising from the operations of any subcontractor. C-7 HOLZMACHER,McUNOON d MURRELL, P.C. / HZM CORP. CONSULTING 040INUM AND ENVIRONMENTAL SCIENTISTS CONTRACT - CONT'D. (d) Owner' s and/or Engineers Protective Public Liability and Property Damage Insurance: (Town and/or Town Board, Town of Southold and/or Holzmacher, McLendon & Murrell, P.C. ) The Con- io tractor shall furnish to the Town with respect to the operations he or any of his subcontractors perform, a regular Protective Public Liability Insurance Policy for and in behalf of the Town and/or Town Board, Town of Southold and/or Holzmacher, McLendon & Murrell, P.C. , providing for a limit of not Less than $500,000. for all damages arising out of bodily injuries to, or death of one person and subject to that limit for each person, a total limit of $1,000,000, for all damages arising out of bodily inju- ries to, or death of, two or more persons in any one accident ; and regular Protective Property Damage Insurance providing for a limit of not less than $500,000. for all damages arising out of injury to, or destruction of, property in any one accident and subject to that limit per accident a total (or aggregate) limit of $1 ,000,000. for all damages arising out of injury to, or des- truction of property during the policy period. The insurance must fully cover the legal liability of the Town and/or Town Board, Town of Southold as owner and/or Holzmacher, McLendon & Murrell, P.C. The coverage provided under this policy must not be affected if the Town and/or Engineer performs work in connection with the project either for, or in cooperation with, the Contractor or as an aid there- to, whether the same be a part of the Contract or separate there- from, by means of its own employees or agents, or if the Town and/or Engineer directs or supervises the work to be performed by the Contractor. (e) Automobile Public Liability and Property Damage Insurance: The Contractor shall take out and maintain during the life of the Contract such automobile public liability and property damage insurance as shall protect him and any subcontractor performing work covered by this contract from claims for damages for personal injury, including accidental death as well as from claims for property damage which may arise from operations under this Con- tract , whether such operations be by himself or by any subcontractor, or by anyone directly or indirectly employed by either of them and the amounts of such insurance shall be as follows : C-t3 HOLZMACHER. MCLENDON 6 MURRELL. P.C. / H2M CORP. CONSULTING WGINE111111 AND ENVISONUIENTAL SCItM STS CONTRACT - CONT'1). Automobile Public Liability Insurance in an amount not less than Five Hundred 'Thousand Dollars ($500,000. ) for bodily injuries, including wrongful death by any one person, and subject to the same limit for each person in an amount not less than One Million Dollars ($1,000,000. ) on account of one accident. Automobile Property Damage Lnsurance in an amount of not less than One Hundred Thousand Dollars ($100, 000. ) for damages on account of any one accident. and in an amount of not less 'than Two Hundred Thousand Dollars ($200,000. ) for damages on account of all accidents . 11 . PROOF OF CARRIAGE OF INSURANCE The Contractor shall furnish the Town with certificates of each insurer insuring the Contractor or any subcontractor under this Contract , except with respect to subdivision (d) of Paragraph 10. In respect to this paragraph, the Contractor shall furnish the Town with the original insurance policy and a copy to the Engineer. Both certificates, as furnished, aid the insurance policy, as required, shall bear the policy numbers, the expiration date of the policy and the limit or limits of liability thereunder. Both the certificates and the policy shall be further endorsed to provide the Town and Engineer with any notice of cancellation at least five (5) days prior to the actual date of such cancellation. C-9 NOIZMACHER, MCUN00N 6 MURK" P.C. / N2M CORP. COMauLnno 0+01NE " AND INVIRONMWTAL 11CiEN7I11" CONTRACT - CONV D. ti 12. COMPLIANCE WITH LABOR AND PENAL LAWS The Contractor hereby expressly agrees to comply with all the provisions of the Labor Law and any and all amendments thereto, insofar as the same are applicable to this Contract . The Labor Laws, as amended, provide that no laborer, workman or mechanic in the employ of the Contractor, subcontractor or other person doing or contracting to do the whole or a part of the work con- templated by this Contract , shall be permitted or required to work more than eight (8) hours in any one calendar day, except in cases of extraordinary emergency caused by fire, flood, or danger to life or property; that no such person shall be employed more than eight (8) hours in any day or more than 1'ive (5) days in any week, except in such emergency; that the wages to be paid for a legal day 's work as hereinbefore defined, to laborers, workmen, or mechanics upon the work called for under this Con- tract , or for any materials used upon or in connection therewith, shall not be less than the prevailing rate for a day's work in the same trade' or occupation in the locality within the State where such work is to be done and each laborer, workman or mechanic employed by the Contractor, subcontractor, or other person about or upon the work shall be paid the wages herein provided; that employees engaged in the construction outside the limits of cities and villages are no longer exempt from the pro- visions of the Labor Law which required the payment of the pre- vailing rate of wages and the eight (8) hour day. Section 222 of the Labor Law, as amended by Chapters 556 and 557 of the Laws of 1933, provides that preference in employ- ment shall be given to citizens of the State of New York who have been residents of Suffolk County for at least six (6) consecutive months immediately prior to the commencement of their employment. Each person so employed shall furnish satis- factory proof of residence, in accordance with rules adopted by the Industrial Commissioner. Persons other than citizens of the State of New York shall be employed only when such citizens are not available. Section 222 further provides that upon the demand of the State Industrial .Commissioner, the Con- tractor shall furnish a list of names and addresses of all his subcontractors and further provides that a violation of this section shall constitute a misdemeanor and shall be punishable by a fine of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00) or by imprisonment for not less than thirty (30) days nor more than ninety (90) days, or both fine and imprisonment. C-10 WXZ9ACH0. Md.ENDM i MURRnA. F.C. / HZM COM. crosu ,nNO OW 119VW AND WVIQONMWTAL WENT M CONTRACT - CONT'D. Section 220A of the Labor Law, as amended by Chapter 472 of the Laws of 1932, provides that before payment is made by or on behalf of the State or any City, County, Town or Village or other civil deviation of the State, of any sums due on account of a contract for a public improvement , it is the duty of the Comptroller or the financial officer of the Municipal Corporation to require the Contractor and each and every sub- contractor to file a certified statement in writing, in satis- factory form, certifying to the amounts then due and owing to any and all laborers for daily or weekly wages on account of labor performed upon the work of the Contract , setting forth therein the names of the persons whose wages are unpaid and the amount due each, respectively. Section 220-B of the Labor Law, as so amended, provides that any interested person who shall have previously filed a protest in writing objecting to the payment to any Contractor or subcontractor to the extent of the amount or amounts due or to become due to him for daily or weekly wages for labor performed on the public improvement for which the Contract was entered into, or if, foo, any other reason, it may be deemed advisable, the Comptroller of the State or other financial officer of the Municipal Corporation may deduct from the whole amount of any payment on account thereof the sum or sums admitted by any Contractor or subcontractor in such statement or statements so filed to be due and owing by him on account of labor per- formed and may withhold the amount so deducted for the benefit of the laborers for daily or weekly wages, whose wages are unpaid as shown by the verified statements filed by any Con- tractor or subcontractor and may pay directly to any person the amount or amounts so shown to be due for such wages. Section 220-C of the Labor Law, as so amended, provides .the penalty for making of a false oath or verification. Section 220-D of the Labor Law provides that the advertised specifications for every Contract for the construction, recon- struction, maintenance and/or repair of highways to which the State, County, Town and/or Village is a party shall contain the provision stating the minimum rate of hourly wage that can be paid, as shall be designated by the Industrial Commissioner, to the laborers employed in the performance of the Contract , either by the Contractor, subcontractor or other person doing or contracting to do the whole or part of the work contemplated by the Contract , and the Contract shall contain a stipulation that such laborers shall be paid not less than such hourly minimum rate of wage. Any person or corporatbn that willfully pays C-11 HOLZMACHER.MCMDON&MURR" P.C. / H2M CORP. CONSULTING DOMMEERS AND ENVIMMM01TAL •CIUMSTS CONTRACT - CONT'D. after entering into such contract less than such stipulated minimum hourly wage scale shall be guilty of a misdemeanor and, upon conviction, shall be punished for a first offense by a y fine of Five Hundred Dollars ($500.00) or by imprisonment for not more than thirty (30) days, or by both fine: and imprisonment for a second offense by a fine of One Thousand Dollars ($19000. 00) and, in addition thereto, the Contract on which the violation has occurred shall be forfeited ; and no such person or corporation shall be entitled to receive any sum or nor shall any officer, agent or employee of the State pay the same or authorize its payment from the funds under his charge or control to any person or corporation for work done upon any contract'. , on which the Contractor has been convicted of second offense ill violation of the provisions of this Section. The minimum wage rates established by the Industrial Com- missioner, State of New York, for this Contract , are as set forth in the Information for [udders. Section 1918 of the Penal Law, as amended, provides that no person shall discharge explosives in the ground, nor shall any person other than a state or county employee regularly engaged in the maintenance and repair thereof excavate in any then existing street , highway, or public place, unless notice thereof in writing shall have been given at least seventy-two hours in advance to the person, corporation or municipality engaged in the distribution of gas in such territory. The person having direction or control of such work shall give such notice and further, he shall ascertain whether there is within one hundred feet of such street, highway or public place, or in the case of a proposed discharge of explosives within a radius of two hundred feet of such discharge, any pipe of any person, corporation or municipality conveying combustible gas, and if any emergency involving danger to life, health or property, it shall be lawful to excavate without using explosives if the notices prescribed herein are given as soon as reasonably possible, and to disharge explosives to protect a person or persons from an immediate and substantial danger of death or serious personal in- jury if such notices are given before any such discharge is under- taken. Any such work shall be performed in such manner as to avoid damage to pipe conveying combustible gas. Any violation of the provisions of this Section shall be a misdemeanor. y C-12 HOLZMACHER, MCLENDON&MURRELL, P.C. 1 H2M CORF. COMSULTIMO 64a1MM4 AND Fxv1W MMLMTAL 10E4TIS" CONTRACT - CON`1 I D. 13 QUALIFICATIONS FOR EMPLOYMENT ti No person under the age of sixteen (16) years , and no person currently serving sentence in a penal or corrcactional institution shall be employed to perform any work on the project under this Contract . No person whose age or physical condition is such the to make his employment dangerous to his health or safety , or health and safety of othors, shall be employed to perform any work on this project ; provided , however, that such restriction shall not operate against the employment of physically thandi- capped persons, otherwise employable, where each person may be safely assigned to work which they can ably perform. 14 . NON-DISCRIMINATION There shall be no discrimination because of race, creed or color in the employment of persons for work under this Contract , whether performed by the Contractor or any subcontractor. Neither shall the Contractor or any subcontractor discriminate in any manner against or intimidate any employee hired for the perform- ance of work under this Contract on account of race, creed or color. There may be deducted from the amount payable to the Con- tractor by the Town under this Contract a penalty of Five Dollars ) for each personfor against orintimidated in eflendar day unviolationwhich uof ch personersonwas discriminated the provisions of this paragraph ; provided that for a second or any subsequent violation of the terms of this paragraph, this Con- tract may becanceled hereunderterminated beythe Town forfeited ,and all monies due or to become 15. PAYMENT 01- EMPLOYEES The Contractor and each of his subcontractors shall pay each of his employees engaged in work on this project under this cash Contract in full ( less deductions made mandatory by y and not less often than once each week. C-13 HOLZMACHER, MCLENDON&MURRELL, P.C. i H2M CORP. CONSUMNO E NGINURi AND 1MVIRONMENTAL SCI04TISU CONTRACT - CONT'D 16 . ESTIMATES AND PAYMENTS (a) Final Certificate: Thirty (30) days after the Contractor shall have substantially completed the work required of it under the " Contractor the Engineer will prepare a final certificate of the re- maining amount of the Contract balance less a sum equal to two (2) times the value of any remaining items to be completed and less an amount necessary to satisfy any claims, liens or judgements against the items of work are satisfactorily completed or corrected, the' Town shall promptly pay, upon receipt of a requisition for these items less an amount necessary to satisfy any claims, liens or judgements against the Contractor which have not been suitably discharged. Any claims, liens and judgements referred to in this seciton shall pertain to the project and shall be filed in accordance with the terms of the applicable Contract and/or applicable laws. (b) In order to secure the performance of the convenant of the Contractor, prior to release of the Performance Bond, the Contractor shall deliver to the Town a Maintenance Bond equal to one hunderd percent (100%) of the total Contract price, including all extras. This maintenance bond shall remain in the full force and effect for a period of one (1) year after the date of the final certificate and such bond, which shall be executed by the Contractor and issued by a reliable, solvent surety company authorized to do business in the State of New York shall guarantee to the Town that the Contractor shall promptly remedy any defects or faults that may occur within twelve (12) months after completion and acceptance of the work per- formed by the Contractor pursuant to this Contract (c) The cost of the work performed under this Contract is. being reimbursed to the Town by New York State. Payment to this Contractor shall be made by the Town. within five (5) calendar days after receipt by the Town of State reimbursement for the work. C-14 HOLZMACHER, McLENDON 6 MURK" P.C. i HM COR!►. CONSULTINO Mo►NMS AND CXVIMNMUM" SCIEriT M CONTRACT - CONT 1 D. • (d) Measurements for Payment : The Engineer shall make due measurement of the 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 the 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 be proved, be paid for by the Contractor. 17. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES R1,JXASE The acceptance by the Contractor of the final. payment shall be, and shall operate as a release to the Town from all claims and all liabilities to the Contractor for all things done or furnished in connection with this work and for every act and neglect of the Town and other relating to, or arising out of , this work, excepting the Contractor 's claims for interest upon the final payment , if this payments 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. 18. CONSTRUCTION REPORTS The Contractor shall submit to the Engineer prior to the commencing of any work under this Contract a detailed schedule and plan of operation, indicating the manner in which the Contractor proposes to prosecute the work, and a time schedule therefore. 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 Contractor shall furnish the Engineer with periodic esti- mates 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 final payment under this Contract , the Contractor shall furnish the Engineer with substantial proof that all bills for M 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 other than the Town as may be required by such existing laws or regulations. C-15 HOUMACHER, McLENDON d MURR" P.C. / H2M CORP. CON3ULTINO WGIMURS AND VMWMMEMTAL 1CIQ/T M CONTRACT - CONT'D. 19. INSPECTION AND TESTS All material and workmanship shall be subject to inspection, examination and test by the Engineer and other representatives of the Town at any time during the construction and at any and all places where manufacturing of materials used and/or construct- tion is carried on. Without additional charge, the Contractor shall furnish promptly all reasonable facilities, labor and materials neces- sary to make tests so required safe and convenient . If, at any time, before final acceptance of the entire work, the Engineer considers necessary or advisable an examin- ation of any portion of the work already completed, by removing or tearing out the same, the Contractor shall , upon request , furnish promptly all necessary facilities, labor and materials for such examination . If such work is found to be defective in any material respect , due to the fault of the Contractor or any subcontractor, or if any work shall be covered over without the approval or consent of the Engineer, whether or not the same shall be defective , the Contractor shall be liable for the expenses of or such examination and of satisfactory reconstruction. If, however, such approval and consent shall have been given, and such work is found to meet the requirements of this Contract, the Contractor shall be recompensed for the expense of such examin- ation and reconstruction in the manner herein provided for the payment of costs of extra work. The selection of laboratories and/or agencies for the in- spection and tests of supplies, materials or equipment shall be subject to the approval of the Engineer. Satisfactory documen- tary evidence that the material has passed the required inspec- tion and test must be furnished the Engineer prior to the incor- poration of the material in the work. Any rejected work shall be removed from the site of the project completely at the expense of the Contractor. C-16 MOLZMACHER,Mc SXM i MURRELL. P.C. / HZM CORP. CONSULTING VNINURS AND CHVIR #AUITAL BCIQMM CONTRACT - CONT'D. 20. 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 on the Plans shall have the same effect as if shown or mentioned respectively in both. In case of any conflict or inconsistency between the Plans and Specifications , the Plans shall govern. Any discrepancy between the figures and specifications shall be submitted to the Engineer, whose decision therein shall be conclusive. 21 . SUBSURFACE CONDITIONS FOUNT) DIFFERENT Should the Contractor encounter subsurface conditions at the site materially differing from those shown on the Plans or indi- cated 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 , tie 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 . 22. CONTRACTOR'S TITLE TO MATERIALS No material or supplies for the work shall be purchased by the Contractor or by 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. 23. SUPERINTENDENCE BY CONTRACTOR At the site of the work the Contractor shall employ a Con- struction Superintendent or foreman who shall have full authority to act for the Contractor. It is understood that such represen- tative 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. C-17 HOIZMACHER, McLENDON a MURR" F.C. i HZM CORP. CONSULTING ENOINE U AND ENVIWNMU#TAL DOWTIM CONTRACT - CONT'D. 24. PROTECTION OF WORK PERSONS AND PROPERTY Precaution shall be exercised at all times for the proper protection of all persons , property and work. The safety pro- visions 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 Town or i.ts Engineer to adequately safeguard the traveling public. The Contractor shall give notice to the owners of all utilities which may serve the area and request their assistance in pre- determining the location and depth of the various pipes , conducts , manholes and other underground facilities . 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 Town 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 Town might be liable. The Contractor shall be liable for all injury or damage caused by his act or neglect, or that of his employees. 25. PATENT RIGHTS As part of his obligation hereunder and without any ad- ditional compensation, the Contractor will pay for any patent fees or royalties required in respect to the work or any part thereof and will fully indemnify the Town for any loss on account of any infringement of any patent rights , unless prior to his use in the work of a particular process or a product of a particular manufacturer, he notifies the Town in writing • that such process or product is an infringement of a patent. C-18 HOLZMACHER. MCLENNOON&MURRELL. P.C. / HxM CORP. CONSULTING ENa1Nu" AND ENVIWNMENTAL SGENTIM CONTRACT - CONT'l). 26. REPRESENTATIONS OF CONTRACTOR The Contractor represents and warrants : (a) That he is financially solvent and that he is experienced in and competent to perfrom the type of work involved under this Contract and able t;o furnish the plant materials , supplies and/or equipment to be furnished for the work; and (b) that he is familiar with all Federal , State and Municipal Laws, ordinances and regulations which may in any way affect the work of those employed hereunder, including but not limited to any special acts relating to the work ; and (c) that such work required by these Contract Documents as is to be done by him can be satisfactorily constructed and used for the purpose for which it is intended and that such construc- tion will not injure any person or damage any property , and (d) that he has carefully examined the Plans , Specifications , and the site of the work, and that from his own investigation lie has satisfied himself as to the nature and location of the work, the character, location, quality and quantity of surface and sub- surface materials , structures and utilities likely to be encountered, tine 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. 27. AUTHORITY OF THE ENGINEER In the performance of the work, the Contractor shall abide by all orders and directions and requirements of the Engineer and shall perform all work to the satisfaction of the Engineer, at such time and places , by such methods , and in such manner and sequence as he may require. The Engineer shall determine the amount, quality , acceptability and fitness of all parts of the work, shall interpret the plans, specifications , contract documents and any extra work orders and shall decide all d her questions in connection with the work. Upon request, the Engineer shall confirm in writing any oral orders, directions , requirements or determinations. The enumeration herein or elsewhere in the contract documents of particular instances in which the opinion, judgment, discretion or determination of the Engineer shall control, or in which work shall be performed to his satisfaction or subject to his approval , or inspection, shall not imply that only matters similar to those enumerated shall be so governed and so performed, but without exception all the work shall be governed aniso performed. C-19 HOL MACHER,MCLENOON i WAR" P.C. I H2M CORP. CONSULTING IMMUMEM ANO WwQONM0ITAL SC1WTISTf CONTRACT - CONT'D. 28. SURVEYS The Engineer will furnish to the Contractor all layouts , measurements and lines and grades necessary for the execution of the work. When and as requested, the Contractor will fur- nish the necessary stakes and spikes for laying out such lines and grades and the unskilled labor necessary to place same. 29. CHANGES AND ALTERATIONS The Town reserves the right to make alterations in the location, line, grade, plans , form or dimensions of the work, or any part thereof, either before or after the commencement of the 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 . 30. CORRECTION OF WORK All work and all materials , whether incorporated into the work or not, all processes of manufacture and all methods of con- struction shall be, at all times and places , subject to the in- spection of the Engineer who shall be the final judge of quality, materials, processes of manufacture and methods of construction suitable for the purpose for which they are used. Should they fail to meet his approval they shall be forthwith reconstructed, made good and replaced and/or corrected as the case may be, by the Contractor at his own expense. Rejected materials shall im- mediately be removed from the site. If, in the opinion of the Engineer, it is not desirable to replace any defective or damaged materials or to reconstruct or correct any portion of the work injured or not performed in accordance with the Contract Documents , the compensation to be paid to the Contractor hereunder shall be reduced by such amount as, in the 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 , settlements, or shrinkages which may appear within one year following the date of the final certi- ficate. Neither the acceptance of the completed work nor C-20 HOLZMACHER, MaLENDON i MURRELL, P.C. / HZM CORP. CONOUtnNo WGINURO AND 9AVOWNMO+TALL sC1E*MM CONTRACT - CONT'D. payment therefor shall operate to release the Contractor or his sureties from any obligations under or upon this Contract or the Performance Bond, 31 . WEATHER CONDITIONS In the event of temporary suspension of the 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 materials shall have been damaged or injured by reason of the 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. 32. THE TOWN'S RIGHT TO WITHHOLD PAYMENTS The Town may withhold from the Contractor so much of any approved payments due him as may, in the judgment of the Town, be necessary: (a) To assure the payment of just claims then due and unpaid of any persons supplying labor or materials for the work; (b) To protect the Town from loss due to defec- tive work not remedied, or (c) To protect the Town from loss due to injury to persons or damage to the work or property of other contractors or subcontractors or others, caused by the act or neglect of the Contractor or any of his subcontractors . The Town shall have the right , as agent for the Contractor, to apply any such amounts so withheld in such manner as the Town may deem proper to satisfy such claims or to secure such protection. Such application of such money shall be deemed payments for the account of the Contractor. C-21 HOLZMACHER, McLENDON 6 MURRELL. P.C. / H2M CORP. CONSUITINO DOWNEEAS ANO ENVIAONMENTAL OCID91M CONTRACT - CONV D. 33. THE TOWN 'S 111611T TO STOP WORK OR WMMINA`I E CONTRACT: I1�', (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 (e) The Conl racto�r shallrol'usu or I'ai l , al'ter not.ive or warning from the E'nginoer, to supply enough propor.ly skilled worlunen or proper materials, or (d) The Contractor shall refuse: or fail to prosecute the work or any part thereof with such diligence as will insure its completion within the period herein specified (or any duly authorized extension thereof) or shall fail to complete the work within said period, or (e) The Cont rael.or shall fail to make prompt payment to persons supplying labor or materials for the work , or ( f) The Contractor shall. fail or refuse to regard laws , ordinances, or the instructions of the Engineer or otherwise be guilty of a substantial violation of any provision of this Contract , then, and in any such event , the Town , without prejudice to any other rights or remedy it may have, may by seven (7) days notice to the Contractor, terminate the employ- ment of the Contractor and his rights to proceed either as to the entire work or (at the option of the Town) as to any portion thereof as to which delay shall have occurred, and may take possession of the work and complete the work by contract or otherwise, as the Town may deem expedient . In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the compensation to be paid the Contractor hereunder shall exceed the expense of so completing the work ( .including compensation for additional managerial , administrative and inspection services and any damages for delay) , such excess shall be paid to the Contractor. C-22 HOIZMACHER, MCLEN0ON A MURR" P.C. / HZM CORP. CONOUITINO ENOINEiRS AND IMMONMLNTAL $CI[NTIf111 CONTRACT - CONT'U. If such expense shall exceed the unpaid balance, the Contractor t and his sureties shall be liable to the Town for such excess . If the right of the Contractor to proceed with the work is so terminated, tiv Town may take possession of and utilize in completing the work such materials, appliances , supplies , plant and equipment as may be on the site of the work and necessary thereof. If the Town does not so terminate the right of the Contractor to proceed, the Contractor shall continue the work, 34 . CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT If the work shall be stopped by order of the Court or any other public authority, for a period of three months without act or fault of the Contractor or of any of his agents , servants , em- ployees or subcontractors , the Contractor may, upon ten (10) days notice to the Town, discontinue his performance of the work and/or terminate the Contract , in which event the liability of ' the Town to the Contractor shall be determined as provided in the paragraphs immediately preceding, except that the Contractor shall not be obligated to pay to the Town any excess of the expense of completing the work over the unpaid balance of the compensation to be paid to the Contractor hereunder, 35. RESPONSIBILITY OF WORK The Contractor agrees to be responsible for the entire work embraced in this Contract until its completion and final acceptance, and that any unfaithful or imperfect work that may become damaged from any cause, either by act of commission or omission to properly guard and protect the work that may be dis- covered at any time before. the completion and acceptance shall be removed and replaced by good and satisfactory work without any charge to the Town and that such removal and replacement will be performed immediately on the requirement of the Engineer, notwithstanding the fact that it may have been overlooked by the proper inspector, and partial payment made thereon. It is fully understood by the Contractor that the inspection of the work shall not relieve him of any obligation to do sound and reliable work as herein prescribed, and that any omission to disapprove of any work by the Engineer at or before the time of a partial payment or other estimate shall not be construed to be an acceptance of any defective work. C-23 HOIZMACHER, MCLENDON 6 MURRELL. P.C. / H2M CORP. CONSULTINO V4011MUM AND ENVIRONMENTAL SCONTISTS CONTRACT - CONT'D. 36. USES OF PREMISES AND REMOVAL OF DEBRIS The Contractor expressly undertakes at his own expense: (a) to take every precaution against injury to persons or damages to property ; (b) to store his apparatus , materials , supplies and equip- ment 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 ; or other contractors ; (c) to place upon any of the completed work only such super- imposed loads as are consistent with the safety of that portion of the work; (d) 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 and ` orderly and workmanlike appearance ; (e) before final certificate, to remove all surplus material, temporary structures, plants of any description and debris of any and every nature resulting from his operations and to put the site in a neat and orderly condition . 37. POWER OF THE CONTRACTOR TO ACT IN AN EMERGENCY In case of an emergency which threatens loss or injury to property and/or safety to life, the Contractor will be permitted to act as he sees fit without previous instructions from the En- gineer. He shall notify the Engineer thereof immediately there- after and any compensation claimed by the Contractor due to extra work made necessary because of his acts in such emergency shall be 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 in- structed 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. HWMACHER, MCLENDON a MURRELL, !•.C. I H2M CORD. CONOULTINa 0401"U" AND 1XVIIIOMMURAL s civols" CONTRACT - CONT'1). 38. SUITS AT LAW The Contractor shall indemnify and save harmless the Town y 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 tale construction of the work or any part thereof, or any commission or omission of the Contractor , his employees or agents or any subcontractors and in case any such action shall be brought against the Town, the Contractor shall immediately take care of and defend the same at his own cost and expense. 39. pROVISIONS RI QUIREU BY LAW DEEMED INSE11'CED Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein, and, if through mistake or otherwise, ,any such provision is on not inserted or is not correctly inserted , then upon the app of either party, the Contract shall forthwith be physically amended r to make such insertion. 40. SUBLETTING SUCCESSOR AND ASSIGNS The Contractor shall not sublet any part of the work under this Contract, nor assign any money due him hereunder without first obtain- ing the written consent of the Town. This Contract shall endure to the benefit of and shall be binding upon the parties hereunder and upon igniorrtransferehiscinterestahereiniinswholet oriinepartrty shall assig without consent of the other. 41 . WAIVER OF IMMUNITY If any person, corporation, or body contracting with the Town, who when called before a grand ,jury, head of a city department , or other agency, which is empowered to compel the attendance of wit- ness and examine them under oath, to testify in an investigation concerning any transaction or contract had with the state, any polit- ical subdivision thereof, a public authority or with any public • department , agency or official of the state or of any political sub- division thereof or of a public authority, refuses to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant question concerning such transaction or contract, then C-25 HOLZMACHER. MCLENOON i MURRELL. P.C. / H2M CORP. QONAULTINO OWNUM AND ENVIn0NM0ITAL •CIeNT M CONTRACT - CONT'D. (a) such person, and any .firm, partnership or corporation of •: which he is a member, partner, director or officer shall be disqual- ified from thereafter selling to or submitting bids to or receiving awards from or entering into any contracts Willi any municipal corp- oration or fire district , or any public department , agency or official thereof, for goods , work or services , for a period of five years after such refusal (b) any and all contracts made with the Town or any agency or official thereof, by such person, and by ally firm, partnership, or corporation of which lie is a member, partner, director or officer may be cancelled or terminated by the Town without incurring any penalty or damages on account o.f 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. A C-26 HOLZMACHER, McLENDON 6 MURRELL. P.C. / H2M CORP. CONSULTING MNOINMM" AND MNVIRONMENTAL SCIENTIST! CONTRACT - CONT' D. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ir TOWN OF SOUTHOLD BY: (TOWN SEAL) William R. Pell IlI , Supervisor _ (SEAL) Contractor BY: TITLE: STATE OF NEW YORK) ) ss: COUNTY OF SUFFOLK ) " On the day of_ 19__, before me personally came William R. Pell III , to me known, who being by me duly sworn, did depose and say that he is the duly elected Supervisor of the Town of Southold, County of Suffolk, New York, and that at a meeting of the Town Board of the Town of Southold , duly held on the day of , 19 , the said Board, authorized the said Super- visor to execute all and any contracts on behalf of the Board; that he knows the seal of the said Town, that the Seal affixed to the foregoing instrument is its corporate seal ; that it was affixed thereto by order of the said Board, and that he signed his name thereto and executed the said instrument on behalf of the said Town by like order and authority. NOTARY PUBLIC C-27 HOLZMACHER, Md MOON&MURR" P.C. / H2M CORP. CONOULTINO ENOINUM ANO LNVIMMMMAI SCIMIGU CONTRACT - CONT'D. ACKNOWLEDGMENT OF CONTRACTOR, IF A CORPORATION STATE OF NEW YORK) ) SS: COUNTY OF ) On this day of 19 before me personally came and appeared to me known, who by me being duly sworn, did depose and say that he resides at that he is the of , the Corporation described in and which executed the foregoing in- strument , that lie knows the seal of said corporation, that one of the seals affixed to said instrument is such seal , that it was so • affixed by order of the Directors of said corporation, and that he signed his name thereto by like order. NOTARY PUBLIC ACKNOWLEDGMENT OF CONTRACTOR, IF A PARTNERSHIP STATE OF NEW YORK) SS: COUNTY OF ) On this day of 19 before me personally came and appeared to me known, and known to me to be one of the members of the firm of , described in and who executed the foregoing instrument , and lie acknowledged to me that he ex- ecuted the same as and for the act and deed of said form. NOTARY PUBLIC C-28 HOLZMACHER. McLENDON 6 MURRELL. P.C. / HZM CORP. cONsulnla 0401HUM AND iJmnowMa1r" •clamsn GENERAL CONDITIONS 1. GENERAL CONDITIONS A. The "General Conditions" are hereby made a part of this Specification and are attached herein. B. Where any article of the "General Conditions" is supplemented hereby, the provisions of such article shall remain in effect. All the supplemental provisions shall be considered as added thereto. Where any such article is amended, voided or superseded thereby, the provi- sions of such article not so specifically amended, voided or super- seded shall remain in effect. Work, materials, plant, labor and other requirements of the Gen- eral Conditions shall be furnished by the Contractor. No direct pay- ment shall be made for these General Conditions, and payment shall be deemed to be included in the contract price or various items of the entire contract . 2. CONTRACT DOCUMENTS The Contract Documents include, but are not limited to, the General Conditions, General Specifications, Detailed Specifications, Plans, Proposal Form, Contract and other sections as either cited on the index pages or actually included in the bound documents. Each section of the Contract Documents is intended to be comple- mentary to the other sections. It is intended that they include all items of labor and materials, and everything required and necessary to complete the work, even though some items of work or materials may not be particularly men- tioned in every section or may have been inadvertently omitted from the Drawings or Specifications, or both. 3. APPROVAL OF SUBCONTRACTORS AND MATERIALS 6 1 Prior to commencing any work under this Contract, the Contractor shall submit to the Engineer, for approval, a list of all the sub- contractors and material suppliers he proposes to use for this Con- tract. No subcontractor or material supplier will be permitted to de- liver materials or perform any work on this Contract until he has been approved by the Engineer in writing. GC-1 HOLZMACHER. McLENDON b MURRELL. P.C. / H2M CORP. CONSULTING ENOINURS AND ENVIRONMWTAL SCIENTISTS GENERAL CONDITIONS (CONT'D.) 4. INTERPRETATION OF DRAWINGS, ETC. ' A. In the event of discrepancies between the Drawings and the Specifications, the following order shall be given preference when making interpretations: 1. Addenda (later dates to take precedence over earlier dates) 2. Drawings (schedules or notes to take precedence over other data shown on Drawings) 3. Detailed Specifications 4. General Specifications 5. General Conditions B. On all plans, drawings, etc. , the figure dimensions shall govern in the case of discrepancy between the scales and figures. C. The Contractor shall take no advantage of any error or omission in the Plans, or of any discrepancy between the Plans and Specifications, and the Engineer shall make such corrections and interpretations as may be deemed necessary for the fulfillment of the intent of the Specifications and of the Plans as construed by him, and his decision shall be final. D. All work that may be called for in the Specifications and not shown on the Plans, or shown on the Plans and not called for in the Specifications, shall be furnished and executed by the Contractor as if designated by both. Should any work or material be required 6 which is not denoted in the Plans and Specifications, either directly 1 or indirectly, but which is, nevertheless, necessary for the proper carrying out of the intent thereof, it is understood and agreed that the same is implied and required, and that the Contractor shall per- form such work and furnish such materials as if they were completely delineated and described. 5. ADDITIONAL WORK Additional work, if required to be performed under this Contract, will be in accordance with the applicable paragraphs of the Contract. The Engineer shall be the sole judge as to whether such work was in- tended as part of the Contract or is in addition thereto. GC-2 HOLZMACHER. McLENDON 6 MURRELL. P.C. / HZM CORP. CONSULTING ENGINUM AND ENVIRONMENTAL SCIENTIST! GENERAL CONDITIONS (CONT'D. ) 6. OCCUPATIONAL SAFETY AND HEALTH ACT The Contractor shall meet all standards of the Occupational Safety and Health Act of 1970 and subsequent revision. This shall include, but not be limited to, the following areas: Sanitation, noise, radiation, gases, vapors, fumes, mists, dust, illumination, ventilation, protective equipment , fire protection, waste disposal, electrical hazards, scaffolds and ladders, floor holes and wall openings, and heavy equipment . All specific require- ments of the Act shall be adhered to. 7. SAFETY PROVISIONS The Contractor shall take every precaution and shall provide such equipment and facilities as are necessary or required for the safety of his employees. In case of an accident, first aid shall be administered to any who may be injured in the progress of the work. ` In addition, the Contractor shall also be prepared for the removal, to the hospital for treatment , of any employee either seriously in- jured or ill. 8. SANITARY REGULATIONS A. In addition to compliance with the Occupational Safety and Health Act, the Contractor shall erect and maintain necessary sani- tary conveniences for the use of employees on the work. Such con- veniences shall be properly secluded from observation, and their use shall be strictly enforced. Such sanitary conveniences shall be constructed in compliance with all laws, ordinances or regulations governing these facilities. The contents of the same shall be re- moved, with sufficient frequency to prevent nuisance, and disposed of to the satisfaction of the Engineer. B. The Contractor shall obey and enforce such other sanitary 6 regulations and orders and shall take such precautions against in- t fectious diseases as may be deemed necessary. In case any infectious diseases occur among his employees, he shall arrange for the immediate removal of the patient from the work and his isolation from all per- sons connected with the work. C. The building of shanties or other structures for housing the men, tools, machinery or supplies will be permitted only at approved places, and the sanitary condition of the grounds in and at such shanties or other structures must, at all times, be maintained in a satisfactory manner. GC-3 HOLZMACHER. McLENDON&MURR" P.C. / HZM CORP. OONsulnNa MINES AND ENVIRONMEM" 9CI M STs GENERAL CONDITIONS (CONT'D. ) 9. RESPONSIBILITY OF ENGINEER AND CONTRACTOR DURING CONSTRUCTION A. The Engineer is responsible solely for the general and/or detailed inspection of the work being performed. Such inspection will be periodic and strictly to assure conformance of the Contractor with the Plans and Specifications, such that the end product will conform to the Plans and Specifications. B. The Contractor is responsible for complete conformance to the Plans and Specifications, proper construction procedures; co- ordination with subcontractors, other contractors and utilities, and safe working conditions for his employees. 10. LABOR A. All contractors and subcontractors employed upon the work shall and will be required to conform to the Labor Laws of the State of New York and the various acts amendatory and supplementary there- to; and to all other laws, ordinances and legal requirements applicable thereto. B. All labor shall be performed in the best and most workman- like 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. 11. CONTRACTOR' S REPRESENTATIVE The Contractor, in case of his absence from the work, shall have a competent representative or foreman present, who shall follow with- out delay all instructions of the Engineer or his assistants in the prosecution and completion of the work, in conformity with this Con- tract, and shall have full authority to supply labor and material immediately. The Contractor shall also have a competent representa- tive available to receive telephone messages and provide a reasonable 6 reply as soon as possible, but not later than twenty-four (24) hours. 1 GC-4 HOLZMACHER. WINDON &MURR" P.C. / HZM COR'. cDNsuLnma O101WU" AND [N%nWNMENTAL SCIUMV8 GENERAL CONDITIONS (CONT'D J 12. INCOMPETENT EMPLOYEES T The Contractor shall employ only competent , skilled and faithful men to do the work. Upon request of the Engineer in writing, the Con- tractor shall suspend or discharge from the work any disobedient, dis- orderly or incompetent person or persons employed thereon, and will not again employ any person so suspended or discharged without the consent of the Engineer. This requirement shall not be made on the basis of any claim for compensation or damages against the Town or any of its officers or agents. 13. CLAIMS OR PROTESTS If the Contractor considers any work required of him to be out- side the requirements of the Contract, or considers any record or ruling of the Engineers or Inspectors as unfair, he shall ask for written instructions or decisions immediately, and then file a writ- ten protest with the Town against the same within five (5) days thereafter, or be considered as having accepted the record or ruling. 14. NOTIFICATION. INTERFERENCE AND INJURY TO UTILITIES A. The Contractor shall cooperate in every way with the Utility Companies. B. The Utility Companies shall be notified in accordance with Section 1918 of the Penal Law of the State of New York, entitled "Construction or Blasting near Pipes Conveying Combustible Gas$" and with Article 20, Section 322-a of the New York State General Business Law. 6 C. All conduits, water mains and gas mains encountered in the 1 construction shall be properly and safely taken care of by the Con- tractor, who shall, upon encountering same, notify the public corpora- tion to whom they belong, in order that they may be changed in such a manner as not to interfere with the final construction. D. In case any damage shall result to any service pipe for water or gas, or any private or public sewer or conduit by reason of negli- gence on the part of the Contractor, he shall, without delay and at his own expense, repair the same to the satisfaction of the Engineer, and in case such repairs are not made promptly or satisfactorily, the Town may have the repairs made by another Contractor or otherwise, and deduct the cost of same from any monies due or to become due the Con- tractor. GC-5 HOtZMACHER. McLENDON&WAR" P.C. / HZM CORP. CONSULTING OWNUM AND 6WRONMEWAL OC1ETMM GENERAL CONDITIONS (CONT'D.) 15. INFRINGEMENT OF PATENTS The Contractor further agrees to hold himself responsible for any claims made against the District for any infringement of patents by the use of patented articles in any one phase of construction of the work and the completion of same, or any process connected with the work agreed to be performed under this Contract , or of any materials used upon the said work and to save harmless and indemnify the Town from all costs, expenses and damages which the Town shall be obliged to pay by reason of any infringement of patents used in the construc- tion and completion of the work. 16. DAMAGES All damage, direct or indirect, of whatever nature resulting from either the performance of, or resulting to the work under, this Con- tract during its progress from whatever cause, shall be borne and sus- tained by the Contractor, and all work shall be solely at his risk until the date of the final certificate. r 17. GUARANTEE WARRANTY This Contractor shall guarantee and warrant his work and that of his subcontractors against defects in workmanship and/or material for a period of one (1) year from the date of final certificate by the Engineer except as otherwise specified. Upon written notification from the Engineer, the Contractor shall repair, replace or reconstruct such defects to the satisfaction of the Engineer at no cost to the Town. 18. STANDARDIZATION The DETAILED and General Specifications indicate specific manu- facturers and/or catalog numbers, etc. , for the purpose of standardiza- tion within the Town in order to minimize stockpiling of replacement parts. 19. DEFINITIONS 1 The words "or approved equal" as hereinafter used shall refer to the use of an equal product that has received prior approval by the Consulting Engineer for the Town. The word "Engineer" refers to HOLZMACHER, McLENDON & MURRELL, P.C. , Consulting Engineer for the Town of Southold. GC-6 HOLZMACHER. McLENDON &MURRELL. P.C. / H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS - GgNERAL CONDITIONS (CONT'D. ) 20 . CLAIMS ARISING FROM DELAY h This Contractor shall not hold the Town, the Engineer or their officers, agents and employees responsible for any liability, claims, losses or damage arising out of the failure to perform, delay, or poor workmanship by another Contractor. Any claim by this Contractor arising out of the failure to perform, delay, or poor workmanship by any other contractor shall be filed against said other contractor which has failed to perform, caused a delay or utilized poor workmanship. GC-7 HOLZMACHER,McLENDON&MURRELL,P.C.I H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS GENERAL SPECIFICATIONS J THE ITEMS HEREIN REFERRED TO ARE THE ITEMS OF THE SUFFOLK COUNTY DEPARTMENT OF PUBLIC WORKS SPECIFICA— TIONS ADOPTED NOVEMBER 1, 1968 AS AMENDED. THESE SPECIFICATIONS SHALL BE INCORPORATED BY REFERENCE AND SHALL APPLY AS IF DETAILED IN FULL, UNLESS HEREIN MODIFIED. Y GS-1 HOLZMACHER,MCLENDON i MURRELL,P.C.I H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS GENERAL SPECIFICATTONS (CONT'D. ) GENERAL REQUIREMENTS s � The successful bidder shall apply on the project asphaltic concrete of an approved quality which shall meet the requirements shown under its respective item for the kind of material furnished. For any item, the material furnished shall show uniform test . QUANTITIES OF BITUMINOUS MATERIALS The Contractor must furnish to the Engineer a certified copy of the weiqhts of the asphaltic concrete materials which he receives and applies under this Contract . CONSTRUCTION The successful bidder shall apply the asphalt concrete on the pro- ject in accordance with the materials and construction details for the respective itemsin the Suffolk County Department of Public Works Speci- fications, except as may be modified in the Technical Specifications of this Contract. MEASUREMENT AND PAYMENT The price bid shall be full compensation for receiving applying and rolling, and shall also include materials, labor, equip- ment and incidentals necessary to complete the work satisfactorily. GS-2 HOUMACHER. McUNDON&MURR" P.C. / HZM CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTIM A TECHNICAL SPECIFICATIONS HOLZMACHER, MCLEND©N &MURRELL. P.C. / HZM CORP. CONSULTING ENGINURB AND ENVIRONMENTAL SCIENTIlIT! ITEM 51 F - PLACE ASPHALT CONCRETE TYPE IA (TWO-COURSE) 1.0 - SCOPE Under this item the Contractor shall unload from supply trucks and place binder course and wearing course asphalt concrete on New Suffolk Avenue and certain intersecting side streets, generally bet- ween Camp Mineola Road and Meadow Lane, as directed by and to the approval of the Engineer. 1. 1 - MATERIALS The asphaltic concrete materials shall be top course asphalt concrete type IA, and binder course asphalt concrete, as specified under Item 51 F, "Asphalt Concrete Type 1A, (Two Courses) " , in the Suffolk County Department of Public Works Specifications of November 1 , 1968 as amended. 1. 2 - CONSTRUCTION DETAIL - — Under this Contract the Contractor shall place bituminous concrete Type 1A in order to construct an asphalt concrete binder and top course having a material thickness of 2� inches after compaction (1� inches of binder course and 1 inch of top course) . A typical roadway section is included on Page TRS-1 of this Specification. 1. 3 - METHOD OF CONSTRUCTION The method of construction shall be in accordance with the Suffolk County Department of Public Works Specification of 1968 as amended, "MATERIALS AND CONSTRUCTION DETAILS FOR ITEM 51 F, ASPHALT TYPE IA. " It shall conform to all applicable requirements described under "BITUMINOUS PAVING CONSTRUCTION, PART II, SECTION 8" of the Suffolk County Department of Public Works Specifications of 1968, as amended. Work under this Contract shall include furnishing an acceptable self-propelled paving machine which shall be capable of recieving the asphalt concrete materials from the bed of the material supplier's truck, paving, and propelling the supplier's truck, in one single process. This Contractor is solely responsible for unloading the asphalt material from the supplier's trucks and constructing a finished, rolled, and compacted roadway surface to the line, grade and thickness shown on the typical roadway section (Page TRS-1) and as ordered by the Engineer. TS-1 HOLZMACHER. MCLENO©N &MURRELL. P.C. / H2M CORP. CONSULTING E NGINUAS AND ENVIRONMENTAL SCIENTISTS ITEM 51 F - PLACE ASPHALT CONCRETE TYPE 1A (TWO-COURSE) - CONT'D. 1.4 - COORDINATION The bituminous concrete roadway surface shall be constructed when and as directed by and to the approval of the Engineer; the construc- tion of the bituminous concrete roadway shall be coordinated with the work being done by others on the project site. The work under this contract shall be intimately coordinated with the work of the Contractor which is manufacturing and delivering the asphalt concrete materials to the project site. The Contractor shall provide a paving schedule to the Engineer and Supply Contractor, no less than 48 hours in advance of each day on which he intends to pave. This Contractor will be solely responsible for damages incurred to himself or others if he is unable to reasonably maintain his schedule. It is the intent of this 48 hour notice to insure a continuous paving operation, and minimize lay over of supplier vehicles at the job site. Asphalt concrete material which arrives at the job site on schedule, and at proper paving temperature, shall become the responsibility of this Contractor. 1. 5 - METHOD OF MEASUREMENT The quantity to be paid for under this. Item shall be the number of tons of material placed and compacted in accordance with the Speci- fication, and as ordered by and to the approval of the Engineer. The quantity shall be measured using the certified weight of each load supplied to the site. Where under a fraction of a load is placed, the Engineer will determine what fraction of the load was placed, and adjust the certified weight accordingly. 1 .E - BASIS OF PAYMENT The unit price bid per ton for this item shall include the cost of furnishing all labor, materials, and equipment necessary to complete the work, including unloading, placing and rolling of the asphalt concrete. w' TS-2 HOLZMACHER, MCLEND©N b MURRELL. P.C. / H2M CORP. CONSULTING ENGINUM AND ENVIRONMENTAL SCIOMS" ITEM 51 Y - PLACE ASPHALT CONCRETE SHOULDER PAVEMENT 2.0 - SCOPE Under this item the Contractor shall unload from supply trucks and place shoulder asphalt concrete on New Suffolk Avenue and certain intersecting side streets, generally between Camp Mineola Road and Meadow Lane, as directed by and to the approval of the Engineer. 2. 1 - MATERIALS The asphaltic concrete materials shall be shoulder course asphalt concrete, as specified under Item 51 Y, "ASPHALT CONCRETE FOR SHOULDERS" in the Suffolk County Department of Public Works Specifications of November 1, 1968 as amended. 2.2 - CONSTRUCTION DETAIL _ Under this Contract the Contractor shall place bituminous concrete in order to construct an asphalt concrete shoulder course having a material thickness of 3 inches after compaction . A typical roadway section is included on Page TRS-1 of this Specification. 2 .3 - METHOD OF CONSTRUCTION The method of construction shall be in accordance with the Suffolk County Department of Public Works Specifications of 1968 as amended, "MATERIALS AND CONSTRUCTION DETAILS FOR ITEM 51 Y, ASPHALT CONCRETE FOR SHOULDERS. " It shall conform to all applicable requirements described under "BITUMINOUS PAVING CONSTRUCTION, PART II, SECTION 8" of the Suf- folk County Department of Public Works Specifications of 1968, as amended. Work under this Contract shall include furnishing an acceptable self propelled paving machine which shall be capable of recieving the asphalt concrete materials from the bed of the material supplier's truck, paving, and propelling the supplier's truck, in one single process. This Contractor is solely responsible for unloading the asphalt material from the supplier' s trucks and constructing a finished rolled, and compacted shoulder to the line, grade and thickness shown on the typical roadway section (Page TRS-1) and as ordered by the Engineer. 2.4 - COORDINATION The bituminous concrete shoulders shall be constructed when and as directed by and to the approval of the Engineer; the construction TS-3 HOLZMACHER, MCLENDON 6 MURRELL. P.C. / H2M CORP. CONSUVINQ CNQINURi AND ENVIRONMMAL SCIQRI>'IT>t ITEM 51 Y - PLACE ASPHALT CONCRETE SHOULDER PAVEMENT - CONT'D. of the bituminbus concrete shoulder shall be coordinated with the work being done by others on the project site. The work under this contract shall be intimately coordinated with . f the work of the Contractor which is manufacturing and delivering the asphalt concrete materials to the project site. The Contractor shall provide a paving schedule to the Engineer and supply contractor no less than 48 hours in advance of each day on which he intends to pave. This Contractor will be solely responsible for damages incurred to. himself or others if he is unable to reasonably maintain his schedule. It is the intent of this 48 hour notice to insure a continuous paving operation, and minimize lay over of supplier vehicles at the job site. Asphalt concrete material which arrives at the job site on schedule, and at proper paving temperature, shall become the responsibility of this Contractor. 2.5 - METHOD OF MEASUREMENT The quantity to be paid for under this Contract shall be the number of tons of material placed and compacted in accordance with this Speci- fication, and as ordered by and to the approval of the Engineer. ' The quantity shall be measured using the certified weight of each load supplied to the site. Where only a fraction of a load is placed, the Engineer will determine what fraction of the load was placed, and adjust the certified weight accordingly. 2.6 - BASIS OF PAYMENT The unit price bid per ton for this item shall include the cost of furnishing all labor, materials, and equipment necessary to complete the work, including unloading, placing, rolling and compacting of the asphalt concrete. TS-4 0 7-'O"t,Shvu/dc� it •Th¢or¢tics/ �rao�¢ � r i 6 � G P car �z'/Ff �f+ch '*�Ff ozo r H A i. ri= m; Z r T zM y m !!� w o z N o� z; z <C i Om r z.� In zr U)A 0. Fn— S r rr.....,I:;.:✓' %; 'nt•?+' .•-;�??:" .!.,y,^:• v;.g• •:•,�,.:::!:.:.!k: .: CA ..:.. : '\:+: .J}. :.:; •... f w + + 11 . Ir?f r}:•:i1 F � Gefpj y� •.}::{:' V :Fr' `nXv :f+` x. . I 1 ' i A. ��' 'N.•�.....•'�.',�i...,'`�.�J�.• %A• loa7lk.;� xSk % !.e.: +: ... ...v N CT' asvh�+'f co c�ef� /,4- 1 f�ri�5�F ({his cont�act� N /% 13�ix/�r cov�,s�e as,�ya/�Corere>`� /A-Item 5/F <fhis contract) ' /� %i.f.4+ «<,•++lSr , r :Y•Fi,����."y.� '+ ••.2 4.7f} �..J$: ..'ff Ii .� '• .'�•V.+..MI y .l�f+i+:'•'•. .• ,. .:.. ., .. r ! �.}. .jj ?�L`'�'e+': ""f' �'E 3".�IS,of�/�iC CO�c�cfF foi-ShUc�/tiers - Ifcfi .5/�' (fhis contact) t�P �P �° �d9e off' sham/der,to de !rand eom�act¢d as reQuired;Itcm 51 yrti's cone.-Wer) TYPICAL ROADWAY SECTION HOLZMACHER, McLENDON A MURRELL,P.C.I H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS LOCATION MAP •,•. ' .:: M.. SOUTHOLD TOWN HALL .I �Ot� tib .r.. •�'•' Fromm `►. ' ' AVE gat Je PROJECT' LOCATION LM-1 i a h t HOLZMACHER,McLENDON andMURRELL,P.C. Consulting Engineers. Environmental Scientists and Planners Melville,N.Y. Farmingdale,N.Y. Riverhead.N.Y. e0AfF0)?NJED eopy TO aApWAMAfT KD SUFFOLK COUNTY NEW YORK CONTRACT AND SPECIFICATIONS FOR PLACING BINDER, TOP, AND SHOULDER COURSE ASPHALT CONCRETE ON NEW SUFFOLK AVENUE PROJECT NO. SOIIT 81-06-B TOWN BOARD Supervisor William R. Pell III Councilmen Henry W. Druin Francis T. Murphy Larry W. Murdock John J. Nickles Justice Francis T. Doyen SUPT. OF HIGHWAYS TOWN CLERK Raymond C. Dean Judith T. Terry SEPTEMBER 1981 HOLZMACHER,McLENDON andMURRELL,P.C. Consulting Engineers. Environmental Scientists and Planners Melville,N.Y. Farmingdale,N.Y. Riverhead,N.Y. HOMWHER, MCLENOON b MURRELL. P.C. / H2M CORP. CONSUMNO ENGINEERS AND ENVIRONMENTAL SCIENTISTS INDEX TOWN OF SOUTHOLD PLACING BINDER, TOP AND SHOULDER COURSE ASPHALT CONCRETE ON NEW SUFFOLK AVENUE PAGE Index I - 1 page Notice to Bidders NB - 1 page Information for Bidders IB - 12 pages Proposal P-A thru P-D Indemnity, Limitation of Liability ILL - 1 page Contract C - 28 pages General Conditions GC - 7 pages General Specifications GS - 2 pages Technical Specifications TS - 4 pages Typical Roadway Section TRS - 1 page Location Map LM - 1 page .. I-1 HOLZMACHER,McLENDON&MURRELL,P.C.1 H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN that SEALED BIDS will be received by the Town Clerk of the Town of Southold at the Town Hall, Main Road, Southold, New York, until 10:00 A.M. prevailing time, on Thursday, Sept. 24, 1981 at which time and place they will be publicly opened and read for the following contract : PLACING BINDER, TOP, AND SHOULDER COURSE ASPHALT CONCRETE ON NEW SUFFOLK AVENUE The above item must conform to the Specifications of the Suffolk Countv Department of Public Works for Item 51-F - Asphalt Type 1A (Two- Courses) and Item 51Y - Asphalt Concrete for Shoulders. Specifications may be obtained on or after Sept. 17, 1981 at the Town Hall and offices of the Consulting Engineers , HOLZMACHER, McLENDON & MURRELL, P.C. , 209 West Main Street, Riverhead, New York, 11901, and 125 Baylis Road, Melville, New York, 11747 , upon deposit of twenty-five dollars ($25. 00) for each set furnished. Deposits for Specifications will be refunded to bidders who return Specifications within ten (10) days in good condition; other deposits will either be partially or not refunded if the Specifications have not been returned in good condition within thirty (30) days after bids have been opened. Each Proposal must be accompanied by a certified check or bid bond in the amount of five percent (5%) of the total bid, made payable to William R. Pell, III , Supervisor, Town of Southold, as set forth in the Information to Bidders. The Town reserves the right to reject any or all bids, to waive any informalities and to accept such alternate bid which, in the opinion of the Town Board, will be in the best interests of the Town. BY ORDER OF THE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK JUDITH T. TERRY, TOWN CLERK TOWN OF SOUTHOLD SOUTHOLD, NEW YORK 11971 DATED: SEPTEMBER 8, 1981 NB-1 HOLZMACHER,MCMDON a MURREU, F.C. / N2M CORP. CONSULTING VWNURG AND VMMNMOITAL SCIENTISTS INFORMATION FOR BIDDERS BIDS FOR PROJECT The Town of Southold will receive SEALED PROPOSALS for Placinq Binder, Top, and Shoulder Course Asphalt Concrete on New Suffolk Avenue. TIME AND PLACE OF BID Bids are to be submitted in opaque envelopes and will be received by the Town of Southold at the Town Hall, Main Road, Southold, New York, not later than 10: 00 A.M.A Prevailing Time, Thursday, Sept. 24, 1981 at which time and place they will be publicly opened and read aloud. fise of the mails shall be at the Bidder 's own risk, and the Bidder shall be responsible for physical delivery of the Bid at the time and place set for opening of Bids. BID ENVELOPE All proposals and either the certified check or bid bond must be placed in a sealed envelope bearing the Bidder's firm name and address marked, "Project No. SOHT 81-'06-B Proposal for Placinq Binder, Top, and Shoulder Course Asphalt Concrete on New Suffolk Avenue, Town of Southold. ` Suffolk County, New York" , but otherwise unmarked. If mailed, this envelope shall be placed in another envelope addressed to Town Clerk Judith T. Terry, Town of Southold, Town Hall, Main Road, Southold, New York 11971. Use of the mails is at the Bidder' s risk. IB-1 HOL=MACHER.MCLENDON 6 MURRELL. P.C. / HZM CORP. O wuLTm 04oly Its AND umU mmas1AL 800"1f11 :INFORMATION FOR BIDDERS (CONT'D. ) SpECIPICATION DEPOSITS (a) Deposits for specifications will be completely refunded to Bidders who return same in good condition within ten (10) days after r.-ceipt of bids. Bidders will receive one-half of the deposit amount fur specfications returned after ten (10) days and before thirty (30) days following the bid date. (b) Deposits for specifications will be completely refunded to non-bidders who return same in good condition within 48 hours of receipt of said specifications. Non-bidders will receive one-half the deposit amount for specifications returned in good condition within ten be0rdays ca- efundedotoonongbiddersthe dafter•ten o(10) odays sit for i following the tions will bid date. IB-2 HOLZMACHER,MCLENDON i MURRELL,P.C./H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS INFORMATION FOR BIDDERS (CONT'D. ) SPECIFICATIONS Complete sets of specifications for the inspection of prospective bidders will be found on file with the Town Clerk, Town of Southold, Town Hall, Main Road, Southold, New York, and at the office of Holz- macher, McLendon & Murrell, P.C. , Consulting Engineers, 209 West Main Street, Riverhead, New York, or 125 Baylis Road, Melville, New York. All contractors must leave their names, phone numbers and correct mailing addresses upon receipt of the specifications. VERBAL ANSWERS The Town, its agents, servants or employees, or the Engineer, will not be responsible in any manner for verbal answers to any in- quiries regarding the meaning of the contract specifications given prior to the awarding of the contract. EXAMINATION OF SITE Bidders must satisfy themselves by personal examination of the location of the proposed work and of the actual conditions and require- ments of the work, and shall not, at any time after the submission of a proposal, dispute or complain of such estimate or assert there was any misunderstanding in regard to the scope of the work. The Contractor shall inspect the site and existing conditions be- fore submitting his bid. PROPOSAL The Form of Proposal contained herein shall be used in making out bids. Any proposal not in accordance with these instructions, or con- taining bids not asked for, may be rejected. c IB-3 Npt,EMACNER, MctENCON&MURR" P.C. I HM OMP- . ooawtnNo aat/W� Mo wwoo"�'prµ �clt►!flm • INFORMA•1-ION FOR lill►liliRS (CON-I' D. ) As tile' estim�+tcs of (luanti iccs otnttu�sul►m�tttIiilir ��rt►l►usct1 are approximate Only , 1► iJJe.tsrequired wl►ich shall .11 ill and upon and in the following express con�litiuns , bccoute a 1►art of every hrol)usal received . Each bidder shall fill out , in ink , in I)otli words and figures , in tit space's I'ruvidt�J , hi , u►►'�1e�e►osaltnforstill' wlibill ,Iieits istile suhwitttit►g .;e fur each item in said norm of 1 bid . No bid will be considered %Aicl► does nut include bids for all r --- itcros in tfie�i��'uh'►' 1� ncluJ ► t i►nc af—�:ui!1� Iet ion. If the contr;let is not executed by the '1'01411 within forty- five l) , i .Iill of tile Iddcr (45) days after the receipt °�at�edat hits le �l►t iuntand lie sl►a 11)t there- under this proposal may te. tm cl !,,,,oil be entitled to ;+ refultiu►of IliscurityCert i f iej lieckhooposal.ty` of his bid bond furnisbed by 13111 BOND Olt_Clilt'1'1 I I I:I► Cl11:CK Ml;;tch proposal from a contractor shall betbccStat ctl itclaf by itl'bbid in bond or certified check on a solvent hunk o lite autou►► of five percent ( S t .) of ti►e total Biel . Such check shall be ►nacre I ay able to William R. Pell III , Supervisor, Town of Southold, uitlated New York, and the al"Ount thesustaiit by thetf iihe murcut•neglect e of I e101- refusal dum;tges wltiel► the, lawn will should the contract of the bidder to execute and deliver the contract. , 110 of t tile bid to 1►int. The checks of all unsuccessful oidJrrs a 11 contract returned upon the rcjoction of bids sof tand bile Cxeultbidder wil t byby the parties ; also, the. use returned upon the execution of the contract and rile furnishing of the retlu i red bond. NAME OF BIDDER Each bidder must state in bis l�roposafirm oilcorpor'ation Hess address , and the fuperson , ll nave of every i person or l'i rm or interested in the same , and the address of every t 1 intereste and secretary of every corporation interested with situ. If 113-4 MOL=MACNER. WAENOON i MMUMI. P.C. I HI1 COR ao�uuu�o o+aNaw rwo wvnrorrwo+*K kromrn INFORMATION FOR 1111MC.R (CONT ' D. ) no other person be so interested , he must distinctly state that facts also that his proposal is made without any connection directly or in- directly with any other bidder for the work particularly mentioned in his proposal ; that it is in all respects without fraud or C011u:. ion , and that no person acting for or employed by the Town is directly or indirectly interested therein, or in the supplies of work to which it relates , or in any portion of the prosrective profits thereof. QUALTFTCATIONS OF IIIDDERS (1 ) The Town reserves the right to waive :rny informalities in, or reject any and all bids . The Town reserves the right to re- ject any and all bids which do not conform to the proposals , or upon which the bidders do not comply with the requirements of the Town as to their qualifications . (2) All hidders must prove to the satisfaction of the Town that they are reputable, reliable and responsible , and that they pos- sess the necessary qualifications to successfully deliver the proposed equipment , and that they have performed and completed successfully siu1ilar work to an extent which , in the opinion of the Town , will qualify thein by experience to perform the work which is proposed. 3 In determining the qualifications or a bidder, the Town will consider his record in the performance of any contracts entered into by him for the work contemplated or of similar nature. maY make such investigation as it deems necessary to determine the ability of the perform the informationkandndataebier shall fordtthis purpose pose rs h to as the Town the 1 Town , may request . (4) The Town shall be the sole judge of the qualifications of the bidders and of the merits thereof and reserves the right to reject any bid if the record of the bidder in the performance of contracts , payment of bills and meeting sfactorobligations the TownU�orr�ifatherevidencetal - men or employees is not satisfactory submitted by or the investigation of such bidders fails to satisfy the Town that lie is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. GUARANTEE BOND The successful bidder shall be required to furnish at. the execu- tion of the contract an executed bond of a surety company authorized 16-5 HOLZMACHER. Md ENDON i MURULI. P.C. I H2M CORK OONs111lTIN0 QIOIN[iA� AND gXvj WlMUnAL WJUMS" R INFORMATION FOR 111I)DER (CONT. I)) to do business in and a > ►the State of New York 11roved by� the 'I'0`11 in an u1noullt equal to one hundred percent ( 100" ) Of the total auiollnt of the contract , guaranteeing t.o the Town the fa i thl'ul pert'c+rlu:lnce of the contract , and payment of all claims for materials , labor and wages in connection therewith- SIGNATURE herewith.SIGNA` URE OF CONTRACTOR The bidder to whom a contract may he awarded shall attend at the office of the Town , with the sureties offered by him, within seven (7) clays , Sunday excepted , of ter tIle d:lte of n" i ficat'011 by 11" 1 of the acceptance of his proposal , and there sign the contract in quadrupli - cate for the work :u►d furnish approved security for its performance . In case of failure to do so, the bidder shall be cansidered as huvinK abandoned the same , and the check acconlpanyillg his proposal shall he forfeited to the 'town , or the penalty of tl►e bid bona shall be invoked. CONTRACTOR'S INSURANCE The contractor shall not commence any work ►►ntil he has obtained and had approved by the 'Gown all of the insurance specified and required in the contract . WA111112 OF I AMIINITY Attention of the bidder is hereby directed to the requirements of the General IIullicipal Law of the State of IJewYork andl �in particular to Section 103-a of the General Municipal Law regarding er of Immullity" , as indicated on Page C-8 of the contract . 1JESPONSIBRITY I�OR BIDDER Attention is hereby particularly directed to the provisions of the contract whereby the contractor will be responsible for any loss or damage that may happen to the material or any part thereof during its delivery ; and also whereby the contractor shall make good any defects or faults clue to materials or workmanship within twelve (12) months after its delivery, placement , and acceptance. 113-6 HOLZMACHER,MdOOON A MURREIJ,. P.C. / HZM COAD. CON�W.TIMO 044" " Apo amnowaifAL WAMMS INFORMATION FOR BIDDERS (CONT'D. ) In order to secure the performance of the covenant of the r_on- tractor, the Town shall retain the Guarantee Bond during the period of one (1) year from the date of the Engineer ' s final certificate. Work is required to be completed to the satisfaction of the Engineer and in :substantial accordance with the specifications hereunto annexed. TOWN Or SOUTHOI,D SUFFOLK COUNTY, NEW YORK w e IB-7 State of New York Bureau of Public Work Department of Labor A State Office Building Campus R �r Albany, N.Y. 12240 R,I J `b �XCEL►O►Y P CONTRACT REQUIREMENTS Each public work contract to which the State,a public benefit corporation,a municipal corporation or a commission is a party and which may involve the employment of laborers,workmen or mechanics,shall comply with the requirements of Article 8 of the New York State Labor Law: 1. 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 the contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week except in the extraordinary emergencies set forth in the Labor Law or where a dispensation is granted by the Industrial Commissioner. (See Section 220.2) 2. Each laborer, workman or mechanic employed by the contractor or subcontractor shall be paid not less than the prevailing rate of wages at the time the work is performed,and shall be paid or provided not less than the prevailing supplements at the time the work is perfonned, as determined by the fiscal officer. If the prevailing rate of wages or the prevailing supplements change after the prevailing rate schedule is issued,each workman,laborer or mechanic shall be paid or provided not less than the new rates. (See Section 220.3) 3. The contractor and every subcontractor shall post in a prominent and accessible place at the work site a statement of the current wage rates and supplements specified by the contract for the various classes of mechanics,workmen or laborers. (See Section 220.3-a) • 4. Apprentices must be registered,individually,under a bona fide program registered with the New York State Department of Labor. The allowable ratio of apprentices to journeymen in any craft classifica- tion shall not be greater than the ratio permitted to the contractor as to his work force on any job under the registered program. Any employee who is not registered as above, shall be paid the pre- vailing wage rate for the classification of work he actually performed. The contractor or subcontrac- tor will be required to furnish written evidence of the registration of his program and apprentices as well as of the appropriate ratios and wage rates for the area of construction, prior to using any apprentices on the contract work. (See Section 220.3-e) 5. (a) No contractor, subcontractor, nor any person acting on his behalf,shall by reason of race,creed, color, sex or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates.(See Section 220-e (a) ) (b) No contractor, subcontractor, nor any person acting on his behalf shall,in any manner,discrimi- nate against or intimidate any employee on account of race,creed,color,sex or national origin. (See Section 220-e (b) ) NOTE: The Human Rights Law also prohibits discrimination in employment because of age,disability or marital status. (c) There may be deducted from the amount payable to the contractor under the contract a penalty of five dollars for each calendar day during which such person was discriminated against or intim- idated in violation of the provisions of the contract. (See Section 220-e(c) ) (d) The contract may be cancelled or terminated by the State or municipality,and all moneys due or to become due thereunder may be forfeited, for a second or any subsequent violation of the terms or condition of the anti-discrimination sections of the contract. (See Section 220-e (d) ) (e) These provisions shall be limited to'operations performed within the State of New York. (See Section 220-e(e) ) ► PW-3(5.80) IB-8 STATE OF NEN YORK . DEPARTMENT OF LABOR BUREAU OF PUBLIC WORK STATE OFFICE BUILDING CAMPUS ALBANY, N. Y. 12240 Schedule Type-HVY / HWY 33 Date 07/08/81 Refer to: PREVAILING RATE CASE NO. T/O Southold PRC 8102904 NAS/SUF 01 to: William H. Spitz, Engineer Location and Type of Project Holzmacher. McLendon & Murrell Install asphalt concrete 125 Baylis Road pavement-SOHT 81-06, New Melville, NY Suffolk Ave, T/O Southold 11747 Mattituck, NY Suffolk Co. In response to your request, enclosed are schedules of the prevailing hourly wage rates and the prevailing hourly supplements for the above project, together with copies of the Notice of Contract Let (PW-16) for your use. The schedules must be annexed to and form a part of the specifications for this project when it is advertised for bids. These schedules have been prepared and forwarded in accordance with Section 220 of the Labor Law, which provides that it shall be the duty of the fiscal officer to ascertain and determine the schedules of supplements to be provided and wages to be paid to workers, laborers and mechanics employed on public work projects, and to file such schedules with the department having jurisdiction. These wage rates and supplemental benefits are subject to change, and you will be periodically notified of such changes. The wage rates and supplemental benefits to be paid and provided must be those prevailing at the time the work is being performed. Supplemental Benefits Legend used in the "other supplements" column of the Prevailing Rate Schedule: A. Health & Welfare ( includes hospital C. Supp. Unemployment Benefits I. Annuity Fund surgical or medical insurance or D. Scholarship Fund J. Benefit Fund benefits, life insurance or death E. Paid Holidays K. Security Savings benefits, accidental death or dis- F. Education Fund memberment insurance). G. Vacation L. Holiday Pay B. Pension H. Apprentice Trai ni ng M. Other Very truly yours. Nicholas Valentino, Jr. DIRECTOR WHEN ANY PROJECT IS COMPLETED OR CANCELLED, NOTIFY THE NEAREST DISTRICT OFFICE OF THE BUREAU OF PUBLIC WORK. ( see addresses below) State Office Bldg. Campus. A 1 bang N. Y. 12240 65 Court St. , Buf fa I o N. Y. 14202 155 Main Street West, Rochester N. Y. 14614 • 44 Hawley St. . Binghamton N. Y. 13901 175 Fulton Ave. , Hempstead N. Y. 11550 333 East Washington St. . Syracuse N. Y. 13202 207 Genesee St. . Utica N. Y. 13501 30 Glenn St. . White Plains N. Y. 10603 PW-200 (6-79) IB-9 PREVAILING RATE SCHEDULE Ltate of New York Case Number Bureau of • Department of Labor Public Work 8102904 NASSAU AND SUFFOLK COUNTIES Prev- SUPPLEMENTAL BENEFIT PAYMENTS ailing OCCUPATIONS wage health basic and Pen- suppl . other supplements hourly welfare s on unomp. rate (A) (B) (C) (D) through (M) COLI DR11.LER_ Core Cr i I I er 10, 605 1. 00 711- G-. 19 Helper 9. 245 1. 00 74 G-. 19 LLF'Cfi�iCE_AN - --LIVCirici'an 15. 10 7'/+. 35 S. I /2'/• 25 G8L- II I-9'/., J-3'/. Appr. 1st term 6. 01t 7%+. 35 5 1/2% 25 GaL- 8 1/2'/., H-5/8'/., IRONWORI<f<f 13 , lronworker -Structural 12. 95 1. 86 2. 30 G-1. 85, H-. 11, I-2. 15 Appr. 1st term 7. 28 1. 86 2. 30 G-1. 85, H-. 11, I-2. 15 Reinforcing-(Lather ) 13. 511- 1. 325 . 985 I-1. 10 Appr. 1st Term 3. 85 1. 325 98, D-. 02, H-. 01 Ironworker-Ornamental 12. 62 1. 21 1. 55 G-1. 00, H-. 10, I-2. 00 -Cheri n L i nk 12. 62 1. 21 1. 55 G-1. 00, H-. 10, I-2. 00 Fence "Appr. 1st term 7. 57 1. 21 1. 55 G-1. 00, tl-. 10, I-2. 00 MA`3,OIJ Bricklayer 12. `t9 1. 33 1. 93 H-. 03, I-2. 05 I. Appr. 1st term 6. 21, 1. 33 1. 93 H-. 03, I-. 50 PAIN f lR Pai rater-Brush 10. 92 1. aIt 1. 04 G-. 33, I-. 71 Scaffold/Spray 1:5. 26 1. 26 1. 26 G- 405, 1- 71 Appr. 1st term 6. 55 . 62 . 62 G- 20, 1- 25 Nassau Co. (N of L. I. E. to Pt. Wash BI vd. , S. of Sunrise Hwy. E. to Long Beach Rd. ) --------------------- - -- -- ---- Pai nter-Brush 10. 82 1. 29 2. 30 G-. 70, H-. OS Appr. 1st term S. 41 1. 29 1. 15 G-. 35, H-. US Scaffold/Spray 12. 37 1. 29 2. 30 G-. 70, H-. 05 Nassau Co. Remainder of County ----------------------------- - Pai rater-Steel 14. 28 1. 86 2. 00 H- 07 Power Tool , Spray 15. 28 1. 99 2. lit H-. 08 Sandblaster(steel ) 15. 28 1. 99 2. 14 H- 08 Appr. lst term 7. 00 . 91 . 98 H-. 035 Nassau Co. -Entire County ------------------------------ Pai rater Brush 12. 39 3. 22 1. 00 G-. 50, H-. 21 Stee I /Br i dye 15. 30 3. 22 1. 00 G-. 50, H- . 21 Spray 13. 88 3. 22 1. 00 G-. 50, H-. 21 Appr. 1st term 6. 42 1. 97 1. 00 G- 25- 1-1- 21 Suffolk Co. PLUMPFR F'1 umber 13. 65 1. 00 2. 05 G-1. 30, H-. 37, I-. 57 Appr. 1st term 5. 46 . 60 1. 31 G-. 70, H-. 24, I-. 29 Suffolk Co. ------------------------------ P 1 umber 12. 75 1. 10 1. 54 G-1. 10, H-. 25 Appr. 1st term 5. 10 . 44 616 G-. 41t, H-. 10 Nassau Co. TEAMSTER Truck Driver Excavation 10. 125 1. 6125 2. 8525 1- 40 Euc 1 i d 10. 52S 1. 6125 2. 8525 1- 40 Other 9. 32S 1. 6125 2. S0 WELDER Welder To be paid the rate of the mechanic performing the work OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY and BUILDING SCHEDULES Print 33 IB-10 PREVAILING RATE SCHEDULE Bureau of State of New York Case Number Public Work Department of Labor 8102904 NASSAU AND SUFFOLK COUNTIES Prev- SUPPLEMENTAL BENEFIT PAYMENTS ai I i ng OCCUPATIONS wage health basic and pan- suppl • other sUPPlements hourly welfare sion unemp. rate (A) (0) (C) (D) through (M) CARPENFER Carpenter (H/H) 13. 35 1. 85 1. 03 G-. 95, H 05, I-. 75 Helper 11. 15 1. 85 1. 03 Appr. 1st term 7. 34 1. 85 1. 03 G-. 95, H-. O5, 1- 75 Nassau Co. (South of So. State Pkwy. & West of Seaford Creek) ---------------------- -------- Carpenter (H/H) 13. 40 1. 50 1. 49 G- 95, 1-1- 06 Appr. 1st term 6. 70 1. 50 1. 49 G-. 95, H-. 06 Nassau Co. Remainder of County ------------------------ ----- Carpenter(H/H) 13. 45 1. 33 1. 71 71 G-. 90, H-. 06 Appr. 1st term 6. 70 1. 33 1. 71 G- 90, 1-1- 06 Suffolk Co. ------------------------------ Pi ledri ver/Dockbui Ider 13. 25 1. 85 1. 03 G-1. O1. H-. O5, I-. 75 Appr. 1st term 7. 34 1. 8s 1. 03 G-1. 01, H-. OS, I-. 75 ------------------------------ TI mberman 12. 31 1. 85 1. 03 G-. 95, H-. 05. I-. 75 I. Helper 10. 80 1. 8s 1. 03 G-. 95, H-. O5, I-. 75 ELECTRICIAN-HIGHWAY MAINTENANCE Applicable on traffic signals and street lighting only. Mai nt. Electri c an 12. 30 8'/. 4 1/2% H-5/8%6J132V.., I-7'/. V. Appr. 1st term 4. 57 8% 4 1/2% H-5/8%6J132'/., I-7'/, LAE3ORFR(HVV/HWY) Laborer (H%H) Basic, Concrete. Jackhammer 8. 90 10 V. 13 % G-. 75 Pipelayer, Land- Scape, Trackman 8. 90 10 Y. 13 % G-• 75 Power Tool 8. 90 10 % 13 V. G-. 75 Asphalt Raker, s Form Setter 9. 5D 10 % 13 '/. G-. 75 Asphalt Shoveler and Tamper 9. 30 10 '/• 13 % G- 75 MASON Cement Fl ni slier 12. 60 2. 19 2. 02 H-. 01 1. Appr. 1st term S. 30 2. 19 2. 02 H- 01 SIGN ERECTOR 5� gni Erector 11. 70 82 1. 11 H- 02, 1- 43 M-Emp S. S. STRTPER Striping Mach. Oper 9. 90 59 70 G-7V. Li nerman 10. 40 . 62 . 72 G-7% T-R-E E TRIMMING Tree Trimmer 8. 43 34 25 1st 6mo 5. 51 . 34 . 25 Groundman. Driver 1st 6mo 6. 07 . 34 . 25 Driver 2nd 6mo 6. 36 34 25 Driver after 1 yr. 6. 95 34 25 TREE REMOVAL & LANDSCAPING Landscape Laborer 8. 90 10% 13% G-. 75 Mul chi ng Machine Oper. 11. 995 9'/. of 2. 25 G-1. 00, H-. 15. M-. 10 rate+vac. Stump Chipper Mach. 10. 97 9'/. of 2. 25 G-1. 00, H-. 15. M-. 10 rate+vac. Truck Driver 9. 325 1. 6125 2. 50 WELL DRILLER We I I Dri I 1 er 10. 5s 8/ 2. 2S G- 40 Helper 8. 55 BV. 2. 2S G- 40 OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY SCHEDULES Print 33 IB-11 PREVAILING RATE SCHEDULE • State of New York Case Number Bureau of Department of Labor 81029011, Public Work • NASSAU AND SUFFOLK COUNTIES Prev- SUPPLEMENTAL BENEFIT PAYMENTS ai 1 i ng OCCUPATIONS wage health basic and pen- suppl . other supplements hourly welfare sion unemp. rate (A) (D) (C) (D) through (M) SURVEY CREW (HIGHWAY a HEAVY) Party Chief 12. 16 . 90 . 70 F- 05, 13- 70, I-1. 50 Instrument Mari 10. 21 . 90 . 70 F-. 05. G-. 70, I-1. 50 Rodman/Glial nman a. 91 . 90 . 70 F-. 05, G-. 70. I-1. 50 Survey Rates apply to those workmen employed on HIGHWAY and HEAVY contracts let on or after July 2, 1979 POWER EQUIPMENT OPERATOR (H/11) Asphalt Spreader 13. 1R 9% of 2. 2S . 20 H-. 11r, G-1. 00, M-. 10 Backhoe 13. 55 hourly Boring Machine 13. 12 rate + Bulldozer 12. 37 vac. Compressor-Single 11. 995 Compressor-2 or more In battery 12. 60 Concrete Pump 12. 64 Concrete Spreader 13. 18 Concrete Breaker 11. 28 Conveyor 12. 37 Crane 13. 18 Location, Effective Date and Dragline 13. 55 Supplemental Denefit Payments Finishing Machine 12. 37 are the same for all Power Equipment Fireman 12. 37 Operators. Generator 12. 29 Grade-A I 1 Opee. 13. 55 Grader 12. S8S Front End Loader 12. 905 Mai nt. Eng. 12. 37 Mulching Machine 11. 995 e Oi I er 10. 97 Piledriver 13. 55 Post Driver (Guard Rail ) 13. 12 Power Broom 11. 42S pump (Under 4") 11. 995 Pump (Over 4") 12. 38 Ridge Cutter 11. 28 Roller - 5T 8 Under 12. 37 Roller - Over 5 Ton 12. 72 Scraper 12. 37 Shovel 13. 55 Stump Chipper 10. 97 Tractor-Caterpiller or Wheel 10. 755 Track Tamper 10. 97 Trenching Machine 13. 395 OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY SCHEDULES Print 33 IB-12 The Continental Insurance Companies Bond No./(O/ PERFORMANCE BOND Approved by The American Institute of Architects A.I.A. Document No. A•311 (Feb. 1910 Edition) KNOW MEN BY THES NTS Tha t — (Here insert f nd ads ordle of Con or as Principal, hereinafter called Contractor, and—_ V3as Surety. �.�--( ereinsert full name a d or legal tle Sure 6,L,Xz hereinafter called Surety, are held and firmly bound unto /J %-24" msert full nd dress or legal titf of Owner) as Obligee, hereinafter called Owner, in the amount of Dollars($ for the payment whereof Contractor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and sever- ally, firmly by these presents. WHEREAS, Contractor has by written ---— . entered into a contract with Owner r M2�� — —- - --- —in ac nce Ith drawings a specificatepared�v ---- 2 JT`� (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof,and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that,if Contractor shall promptly and faithfully perform said contract,then this obligation shall be null and void;otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be,and declared by Owner to be in default under the Contract,the Owner having performed Owner's obligations thereunder,the Surety may promptly remedy the default,or shall promptly 1)Complete the Contract in accordance with its terms and conditions,or 2)Obtain a bid or bids for completing the Contract in accordance with its terms and conditions,and upon determination by Surety of the lowest responsible bidder,or, if the Owner elects,upon determination by the Owner and the Surety jointly of the lowest responsible bidder,arrange for a contract between such bidder and Owner,and make available as work progresses(even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price;but not exceeding,including other costs and damages for which the Surety may be liable hereunder,the amount set forth in the first paragraph hereof.The term"balance of the contract price,"as used in this paragraph,shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto,less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two(2)years from the date on which final payment under the contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs,executors,administrators or successors of the Owner. Signed and sealed this day of gle9_1� A. D. 19 (Sea I) wicroctaii 1 9 l n Z ie) �✓t SCJ. (Seal) C) ly�v✓tA! W 80 Mi aidert l_� n:;, New Y(�rk,.Nevj York 10033 GL NERAL POWER Ur' ATTORNEY t�tlo\vi all rlicrt by tllcse Presents,'rn,; lr,,_: rfri�rncr.l C; Ir`JSU;?ANCE COMPANY OF NEWARK. NEW r 1 �OirItC.1 :'•r, ! �'Y these prr:':enl$ (k)CS inn�•e:. CO:rSUlu1C end eppuinl CO:IsM0117:1 grcl a)t r c,rY r'�ew York StcpL'_l:, r'. R'un('- or ):o1x:7Ct A. itau .r, 1)oth o_ New Y t a n3rn•`. (',i;1, , • ::nd str.ad t..l execute on behalf of the said Company, as surely,bonds. .Jt:rl)1 attorney for.It and !n its and contracts Cf SurCtYShip to )+' �L11 c';1�Tees prOvi 1C ; t!:at no 1)ond or undertaking or cc'n;(;tct of eurctystup executed under this authority shall exceed in amount the One r•;illicib ($1,000,000. ) 1)011ar:s. Attorney is granted and is ic�i.i'i l ;!nd se j!e.j by facaimllr; under and by the authority of the following Reso- i of IN", I;1; ,.NCE C0 ,N,1i'ANY OF NEWARK. NEW JERSEY at a rneet- lulit t,y IIIc!f3oard of Directors of the i (i.i:(v1Liv my ul,l'y ; a!Ie'd :Inc! tleid on the 20th (lay of Februar%• 1975. tive ce :(Y V:i(1. that the Chauman Of IIIc f3oa^d.tlth.,t c:+enCtirr any olian ctfhr'm t',.,,.,�ythr.,,rtho,7cJ IJ C t cCnl.am CUc vo rC s of Attorney OuZllor a erfyiinr�Vthe alice rlos- Ccr•; C•r',: ...c r. ries.dant of the company• be. . n +hC n,vr.n Prr:rcr of Anorney to esc:an,. u, 1.•rylialf OI FIREGIE.(l^`iet iU1L/�1'C S(slanAti�cret, Y bc/Gild to t e chror any oof worn hdec- t,�kin�, .,"cr�ntr, c:cl Sur CtyS h,p•anr'that an/ f i�fi',r c I/,,j:urrr,uy. ar.1 to;,tach Tn(yhur r:u tY.r:oral of the Cort' an'. t ) by'. ..•.,"..,ri.r•: :o a:llr5t Thi,lACculwn iiCriC)LVED.Ihal ll.d 5i_1nak,ri•5(,1 �l,:'Ifr':4r5 end Ute s:••n u!:h::Cr)j-j ,•r'j/ rn;:y t)e allrr(vi 10 Jny SUCK r'O'•vCr Of AC i rtla Of 10 any i.;J any uch 'r'.�...•' of Attor n.ry nr,.rlrhlrC.ttC L.e.,nnry such IJ:;crin,l r)�nj n,�.!Urf.S o1 fdCS,r:nle seal'rlall Co valid (;ert�'� rr,!•,1'r'7 a:err;u 4•!laes,:•,iie / ,;nde,iak,n or con:racl of suretyship to which it,s attach. ; a;;:ln t!,e C%•m(11ny when SJ al',z,rJ..^.na in :'i' lull,n: h r�spt':; to any b:,nc/, U ull ;,t 4:rltl,css Y'lhercof, the' F1h N'rentslt0 her .igned yOun(rrc:t'its Ficte ('rc iJkn s and attest d by Onle Ofdits ASisfant Vice to bo 11 !loiinlo affixed find these 1 C 111is 3r(I day of January. 1979 !'I;;E P•�r-;j ;' I14SURANC% COQ r,,N�JY OF NE:VviARK, NEW JERSEY rrt L Ford. vr;rt•r•rr trocm r H Stephens,As!o SI-1nt%"Cc f"s<Icn! r (/•.i O! IgE%V YORK. YORK. me duly sworn, ,_ tl M.L. F"c)r(i, to me known, who being by Y r'� 3r:1 (1,3y of Janutlry. 1!3,19, before w,,, p:ls011 y c:+'►!i1 did cic't; ! ` 11ni1 so.,,, that he r;tiidc!s in Surnrnit. in 01; CotnllY ()f !-ssVx, ;.;t(lte of rdt'.vv Jersey, S Y. t ie corporation Avenue; that Ire i ;'Ir ' t'residr nt of the FIR R/EN'S ffd5!.1'��:11C� Coo 1r'/,i•, r' CF NEVll.lt}t, NF\rd JERSEY, the corporation described h �'>.r!cutc;i file above iastn,mi'nt; 11,.t; h.' I<no\;s Irrt: seal of the said corporation; that the seal affixed to 1ha said in ;it; , 1!tii•:C b r;rc,or of the Board of Directors of said corporation and that he in!.!rurl:'„l i; such corporate that i; ��•,`- Y h,,i f!;,Inc !h(,-roto by lila order. / t1HEL TARAI'410 Y.OfAil'r PUiI;IC Slalenf f,',0”Tou f1J '4 1r�5J I I 1 Ot:;:1 in Knl;.Cfluhlt CE11T1'rICATE Cnr,,Isv ^r.tc'res6l;IcaJO t3c2 wid(�r sinned. an Assis';!nt Sccfelary Crl'lltr,n ll,llr r l(Jrr c,yin anrdlt llaChe(10E OMFwer of Ilorney rerna ns�in full RSEc 9 cr)rJn�r:lhon. DU Ili"RE E3Y CGl raid Power of Al lrl;l III , Ii!,'. fu!l!Il I('VOISC(i, an(; ft.lf(ll;'.(IllUrc l!L:t ilii: ItCSUtUf1011 of file E3orlfd of l�lreclors, set lorlh in the in force Dat(�d the z/ day of 19 of ;u+'1 sc;+Ic(1 ?t the City (,I Nc'r! York ,,. r : .•. ,I., lot o t 1AY wv AS'.��I l•+t CrLr Cl.lry , • Firemen's InswranCe company of Newrsxk, New Jersey AS OF DECEMBER 31, 1979 — ,. + LIABILITIES CAPITAL&SURPWS ASSETS Reserve for Unearned Premiums:..... S 722,430.616 $ 2,373,473 460,52.1,111 Cash ... 1 013,386,467 Reserve for Losses...... 60.821,111 B572* onds and Stocks. . ..... .... . . Reserve for Loss Expenses..., . ...... interest, Dividends& Reserve for Taxes&Expenses.••. .••• 20,675,509 11,836,521 for Other Liabilities..... ...... 26,984.548 Rents Accrued.. . . .. ...... . ... .... 59,060,759 Reserve $ 790,997,356 Agentd Balances Receivable.. ........ 25,114,000 Total Liabilities . . ....• 15,000,000 Real Estate........ ........... ...... 898 9, ,162 Capital.......... Other'Assets .... ....... . . . . ..... Surplus ... .......... . .. .. ..... 315.672,026 Policyhoiderd Surplus.............. 39.672,026 Total Admitted Assets............... $ 1,121,669,382 Total Liabilities, Capital 8 Surplus..• 1,121,669, 3s2 STATE OF NEW YORK COUNTY OF NEW YORK SS: CITY OF NEW YORK F.M. Colalucci, being duly swum says: That he resides in Glen Head, New York and that he is Secretary of FIREMEN'S t said INSURANCE COMPANY OF NEWARK,NEW JERSEY. he Laws OftheStatCompany New Je sey and has duty complied w all the engaged to business as a Surety by virtue ofte4l !,[�/ applicable to said Company, requirements of the Laws of said State and the Laws of the Compe ofany alscoted with and is duly qualified to act as and is duly qualified to act as Surety under such laws;that P Y Surety under the Act of Congress approved July 30, 1947, 6 U.S.C. secs. 6-13 to qualify as sole surety On recognizances, stipulations, Bonds and undertakings pernutted or required by the laws of the United States,to be given with one or more sureties;and that the foregoing is a full,true and correct statement of the financial condition of said Company on the 31St day of December 1979 to the best of his knowledge and belief. Sworn to before me this 3rd M....,...,,, , day March 1980 •: CERTIFICATE _ -- Secretary ETHELTARANTO NOTARY,PUBLIC.State of New York No.24-(663117 Oual.in Kings County Commission Expires March 30.1962 SURETY ACKNOWLEDGMENT , State7of ss.; County of City of — y of in the year 19 On this % cL before me personally came to me known,who,being by me duly swom,did depose and say that he resides in Newkirk New Jersey, the co ration that he is the Attorney of Firemen's insurance Companyhat described in and which executed the attached instrument;al;and that that waw the by order of thte seal of tie Board of said Dir��ectors of the said , affixed to the said instrument is such corporate se corporation,and that he signed his name thereto by like order. Notary Public PHOEBE SPALDING Notary Public, State of New York No. 52-4512,626, buffo!k County Term Expires t1ar6 30. 19—CL Arno in U.S.A. 21 eONO 716E ,I' S , + r ��: t ti ♦ }_ y _ •,J 5 t , *V-.1S• Xv— *41 ~ , 9 INDIVIDUAL ACKNOWLEDGMENT State of _ as.: CotFaty of . On this — day of , in the year 19 before tee personally came — - to .me knows sad known to me to be the person described in and who executed the foregQiog iaetrument. and acknowledged to me that he executed the same. PARTNERSHIP ACKNOWLEDGMENT State of I ss.: �..'•�, spa dtt� �`~' day of .,f. T...'...�.ttd► �., .t.,--�,- -r-Za t6e ear 9u�' ,. 7 before me personally came a member of the copartnership of to me known and knows to me. t . .to. be the person described ill and who executed the foregoing instrument, and acknowledged to me that-be ex- tested the sante ea sad for the act and deed of the said copartnership: CORPORATE ACKNOWLEDGMENT State of a ss.: On this—d day of �T' _, in the year 192/ before me personally came "adAw"••D / to me known, who, being by me duly sworn, did depose and say that he resides in Z7zA Ae14i- �.i�+— that he is the of the ihr corpnration described in and which executed the foregoing instrument; that he known the corporate seal of the smil corporation; that the real affixed to the said instrument is such corpor„te seal; and that it was so effixcd h► onlei „f the Board of Directory of the raid corporation, and that he signed his name thereto by like order. Notary Public, State of New York No. 62-4618626, Suffolk Count Rand 641A Term Expires March 30, 19pristd Fw tF.s.A Bond No. LABOR AND MATERIAL PAYMENT BOND Approved by The American Institute of Architects A.I.A. Document No. A-311 (Feb. 1970 Edition) Note:This bond is issued simuhaneNsly h+th another bond in favor of t^.e ohner conditioned for the full a!Id faitlful porform3nce of the cont,3ct KNOW EN BY T HESE §E S: That--— ----—-- -- — — (Here insert full e a d addr or le le of gontracW as Principal, hereinafter called Principal, and s�Surety, Here insert full name add r legal lie Sur hereinafter called Surety,are held and firmly bound unto !MW me ass or legal t e v.n as Obligee, heeinafter called Owner, for the 46, efit of claimants as hereinbelow defined, i the amount of 0 0 Dollars (Here insert a sum eq i to ajorast one-half of the contract price) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and sever- ally, firmly by these presents. WHEREAS, Principal has by written dated -- entered into a contract wjth 00wyr tar -- in a ce drawings ands cifications p ?d by -- (Here insert full name.title and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION is such that if the Principal shall promptly make payment to all claimants as tiere natter defined. for all labor and material used or reasonably required for use in the performance of the Contract,then this obligation shall be void;otherwise it shall remail in full force and effect,subject,however,to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor,material.or both,used or reasonably required for use in the performance of the contract,labor and material being construed to include that part of water,gas,power,light,heat,oil,gasoline,telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined,who has not been paid in full before the expiration of a period of ninety(90)days after the date on which the last of such claim3nt's work or labor was done or performed,or materials were furnished by such claimant, may sue on this bond for the use of such claimant,prosecute the suit to final judgment for such sum or sums as may be justly due claimant,and have execution thereon.The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant,other than one having a direct contract with the Principal,shall have given written notice to any two of the following:The Principal,the Owner, or the Surety above named,within ninety(90)days after such claimant did or performed,the last of the work or labor,or furnished the last of the materials for which said claim is made,stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished,or for whom the work or labor Has done or performed.Such notice shall be served by mailing the same by registered mail or certified mail,postage prepaid,in an envelope addressed to the Principal,Owner or Surety, at any place where an office is regularly maintained for the transaction of business,or served in any manner in which legal process may be served in the state in which the aforesaid project is located,save that such service need not be made by a public officer. b) After the expiration of one(1)year following the date on which Principal ceased work on said Contract,it being understood,however,that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c)Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project,or any part thereof,is situated, or in the United States District Court for the district in which the project,or any part thereof,is situated,and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder,inclusive of the payment by Surety of mechanics'liens which may be filed of record against said improvement,whether or not claim for the amount of such lien be resen under and against this bond. Signed and sealed this ,�_/ day of D A. D. 19 / �,e_zz,- (Seal) —� � r nc" al Randall Woodard, R 1, �rtness) 1@ �@['(Title) (Surety) rCTI"1C., oz?zJ,�( a'J O� 1yC,'L'Jtaa!�, IVi:'W Ir✓�.:;.� New YorI<,.New YorF< 10038 GE��FRAL POWER OF ATTORNEY I,tfo%vlall men by these F)re5CI11S,'th,i; tt,•_ FIREMF_N fl,JSU';tANCf= COt%INANY Of: NEWARK. NEW s Ji-:. . . �. CitnSl;tutC:.f 8110 110001•`,ic2.1 :.n , :',v troC"e pn"•;Bats (k)(", rnioi•.t?. C0:15tIlutC and appC)int j StCply:rrl r'. {dung o7- l:ol)c,rt• A. lfauer, both oz New Ynrk, P:cw York , ;1,•.!ut itlufney for.It and in its narn•-'• ;:c,�; t . :Ind slr.;ld G.l execute on behalf of the said Company. as surely,bonds, nn0k:t1r:1. :1 and contracts of ;urefyship to 1- r;r ;! 10 al c';1ir-oe-s . j Iuc,vi ;c l!;at no t)ond or undertaking or con;rttct of ::urotyshlf) exuctlled under lhi; aulhority shall exceed in amount the I one Mi11i0h ($1,000,000. ) Po1laus. 'i lu:. r I '.;i r of M oroey is granted and in sic3i;o ! ;!nd sea!e,! by lac: imtFi: under and by the nulhority of Inc following Reso- fuhc !d by lht;Board of C)irccaors of the Flr'ti f.1cry ;; If�;;;l. f;nrJC( COi'\A 'At4Y OF NEVY'Afll<, NFW JERSEY at a rneel- mj u(, )• .!!+eJ ;Ind h^Id on the 201h Clay of Febru:tl y. 1975. Ihgl the Chairrymn of the Board. It)'; hairman ct the f!nArd.the Prt,e•,denl,an Ececuhve Vic,,Preswvnt or a„ejcnior Vice Pies. Cr.. c Prua J2;tr of the Company, be. .,ncj th.tl c:,r.:n or 21ny40f Ihrrn!+••r,•vy os.dnthbri7f tj la Cxucute flowers or Attorney auatifyin the allor. t,✓y n.t�:• :n +!tc n,•e.n Pb:vor of Attorney to C%t,culr' u, l•nl,alf of FINEt.1(.r!!; HISUHAW.I: COUP ANY OF NEV/AF(K,'NEV/JI:H,•LY,bonds,under. I,�Ni�i•, •• CVn I r;:;a,u sur et vs n,p•Ind thJt,n As s l Jr+:'✓,r t:Pr esidun 1.;,;;Cc re Nit<,r do A•,s'stanI Secretary bu,and 1ha1 each or Any o I11 orn here• It)a!t(%.1 the exeC.uhurt t.t;my such I'q+•. r(•f A;:urnuy. arh1 if,J.:,lch thurc•:u tf:t?Leal Cf the Cbrtrpany. . RCSOLVCO,Ih:II N,d '1+'alurCs of•a,r.f.:•!:r�crs Jn;}the s..,�t:!:1,;:(;Urn1,.:�;y rr„y t)e aIhr(rJ to any such Po-.ver of ABorney or to any C t•,I.'.. I'tr:;t ir.c:fr t,Y facs ^,uo,i::d any:,ur.h ..... • ut An:n r, n ,,rr t,I,ca le L.o.wn(I ;ucII I:I Cs,in de sn;,!ur es or-',I CS truce SCar sh;Ill t val,d and 'r• . . ,.:,n :!,e C^rnt,any whc:n sI:,.<cu a'ttl r.: :'t., fuhrr,: :,ith rCa pt'':: to any b:,nd, ,:oder taking or con;r act of suretyship to which it is allaeh• ctl is ti:':!ress bYhurcof, the F;RctvrCttl :, IN .t.ift,^,':CE COh:PANY OF NEVVAHK. NEW JE=RSEY has caused its official seal to h:' is sr unit affi::ed and Ihesc pre:;ents to he ;signed by on(,- c' its Vice ('res idents and attested by one of its Asislant Vice I>re%!,I r:I':, 111is 3W day of January, 1979 1.71 QE:f'r::id , IH0UknwcF C0�"f)i(�JY C)F NEVJAfiK. NEW JERSEY Ry r � . T H $tCOhens.nss,sla, l t•ir,c 1',c•,clan• I ht L Fo,d. Vr:.r•hfc Udcnl I.)1- HEVN YORK. COIL'•. & PJf:141V YORK, 3rd (lay of January, 1079, b^fore n:;, I)ei!;onally crlrra M.L. Feud, to Inc kno:vn, who being by me duty sworn. di.J r'(!( ;Irld s ", that he residct.5 in Summit, in th+: County of f-,sex, State of f••few Jersey. al 760 Springfield Avenue; that tic ;- V-- President of the FIF1l_MEfJ'S- IraS!.1COf,tPAN''I' OF NEV-/APK, NC-VJ JERSEY, the corporation described in ;n; . I h Uxr!c:l;ed the above instrumrnt, I'„t; he knov:s t?),,: s cal of the said corporation; that the seal affixed to the said in:ann,I:' t i s su;; co;I;orate stnt:I; that it w.tl . , cfir<C;1 by o,^;ser of the Eioiird of Directors of said cort;�)ration and that he n;,fnr! !1 (.ref0 by like order. i I:IMEL 1ARAN10 f-OfAil'I ruili IC $falC of t:%Ir lout C'f 13TlrIC.17E ho 24 45531110c;f Inrm;,Courir ( nnu;;r;'ClCtrlS L':ICS JO 13i�. ! wlilr:r;ioned. an Asstsl;!nt SM(Olaf/ of Ifie f--I!"EMJ;i"N INSURANCE COMPANY OF NEWARK. NEW JERSEY, : N. .: ,i< •.,•, t ,>rwn:ilion. UU lIi-RF:F3Y CER-1Pr' tr•.ri! Ihr! foro(joing ,rind attached Poivcr of Attorney retrains in full force lFi;1 ! I-on levol'od. anti htrlhortllUrr"' t!i;,I ;r is H01;04,1101) (Jt the Hoard of l)Lrecturs. set forth 1n the said Power of At- t u) lorce :;o:ticd Pt thn City t,f Noir York P,W f the 2-1 day Of D"�' 1��• ____-- •• J.,,,,,•c r t Kr.u,t• AS'.,g,»1 Sr•VC A•y • F iremen's Insurlmce Company of Newark. New Jersey AS OF DECEMBER 31, 1979 • LIABILITIES CAPITAL b SURPLUS ASSET Reserve for Unearned Premiums...... 5 222.430.616 $ 2,373,473 460,821,111 Cash . . . . . . . . . .. .. . . . . . .. ... • t 013.386,467 Reserve for Losses........ ......... Bonds and Stocks. . . . . . . . . . . . . . . . . .. Reserve for Loss Expenses..... .... .. 60,185,572 Interest, Dividends& Reserve for Taxes& Expenses... ..• .. 20,575,509 11,836,521 Rents Accrued.. . . . . .. . . . . . . . . . • 59,060,759 neserve for Other Liabilities.... .. ..... 26,984,E Agents Balances Receivable. . . . . . . . . 25 114,000 Total Liabilities .. .... .... ... ....... $ 790,997,356 Real Estate. .. . . . . . . . .. . . .. . . . . . ... . .. ... ... .. . ... ....... .. .... 15,000.000 9,898,t 62 C�t�• Other Assets . . . . . . . . .. . . . . . . . . . .. . Surplus ...... ....... . ........ ...... 315,672,026 —------ Poticyholder� Surplus. .. ..... . .. ... 330,672,026 . . . . .. . . . . ..... $ 1.121.669.362 Total Liabilities, Capital&Surplus... ... $ 1,121, Total Admitted Assets . 669. STATE OF NEW YORK COUNTY OF NEW YORK SS: • CITY OF NEW YORK F.M. Colalucci, tieing duly sworn says: That he resides in Glen Head, New York and that he is Secretary of FIREMEN'S and INSURANCE COMPANY OF NEWARK, NEW JERSEY, that said Company,is a C rpor ti h um or�mP existing1 the engaged in business as a Surety by virtue of the Laws of the St New eY y applicable to said Company, requirements of the Laws of said State and the Laws of the State of complied with and is du qualified to act as and is duly qualified to act as Surety under such laws;that said Company has 30, 19477, 6 U.S.0 secs. 6-13 t to as sole surety oil recognizances. Surety under the Act of Congress approved h' stipulations, Bonds and undertakings Permitted or required by the laws of the United States, to be given with one or more rue and correct statement of the financial condition of said Company on the 31St day of sureties;and that the foregoing is a full,t December 1979 to the best of his knowledge and belief. �.4 Swom to before me this 3rd , day March 1980 j•r:MOIa1r'.O: 4 l�'Tl�l CERTIFICATE Seery ETNELTARANTO NOTARY MMIC.Store of New York No.24-1663117 Ouel.in Kings Cantil rearm m Expres March 30.15162 SURETY ACKNOWLEDGMENT . State of County� ss.: �� city Of �s da f , in tf'1e year On this `- T f G/ before me personally pore b me du swum.did depose and say that he resides 1n _ '� �eC to me known,who,being Y N of Firemen's Insurance Company of Newailk, New jersey. the corporation that he is the Attorney that the seal described in and which exec uted the attached instrument;that he knows the corporate seal of the said corporation; affixed to the said instrument is such corporate seal;and that it was so affixed by order of the Bgard of Directors of the said corporation,and that he signed his name thereto by like order. Notary Public PHOEBE SPALDING Notary Public, State of New York No. 52-4613625, Suffolk County Term h.xnires March w. ty-563 p"nod,,,,s,, �,t• t r � r ,�_ i ,t rn t ..' �5♦ IC !; '�,� ! M1141 i4EXU^ ••• .4'.. ♦ I � rl {Y )��•f. ,• j - • . , L . INDIVIDUAL ACKNOWLEDGMENT State of ss.. County of na this day of , is the you 19 before sue personally casaeto .me known sad known to me to be the person described in and who executed the foregoing isstroment, and acknowledged to me that he executed the same. . � 1 PARTNERSHIP ACKNOWLEDGMENT , State of ss.: .. Vf 'Os this,., I day of �- r. ,„j ..t— •I ,To the year 19 before me personally came a member of the copartnership of• to me known and koowit to ms, t . to, bs that person described in and who executed the foregoing instrument, and acknowledged to me that he ex- ecatid the seise as and for the act and deed of the said copartnership: CORPORATE ACKNOWLEDGMENT titate of Ss.: County of-- `�'��•` k- ' * On this_ L/ day of T' —, in the year 19 hefore me personally carne •✓d.�►GG l(Ji•disco ISE to me kno who, being by me duly sworn, did depose andsay that he resides in that he is the 'r`�d-x �� +►ir�.rG•�•f of the LYON AND REBOU, INC. ihr corporation described in and which executed the foregoing instrument; that he knows the corporate seal 1►f the 4,,,11 corporation; that the reel affixed to the said instrument is such corporate meal; and that it was so affixrli h% or-ler' if the Board of Directors of the said corporation, and that he signed him name thereto by like order. PALDI G Notary Public, State of New York No. 62-4513625, Suffolk County Rand 942A Term Expires March 30, 19 3 PAMad In U.S.A 'la-iii«3Zil;�IjZ�t�:�•L"[: • _ _ . , .• • •. _ Z•Z.I:l;1�;1.3:[•7:7reZ:i�3�1;1i77i:►x<NxiZIiT•L•II�:[•]>1�7x:. acorao •• . • _ • • e1iT��•Ia1��7:Yii:1:l1�I�I•Il �[bYi �I:lil:_ NAME AND ADDRrjSS OF AGENCY I COMPANIES AFFORDING COVERAGES � COYMGE CORPORATION 7WO PRI040 TURNPIKE COMPANY A �VVIfX>aB W, k Y.�1 i IW7 LETTER A lers' Insurance._of Wausau B _-- ibi �i1 ��I7• COMPANY y > TTER NAME AND ADDRESS OF INSURED w COMPANY (V' Town and/or Town Board, Town of Southold and LETTER - - - - or Holmucher, McLendon & Murv&ll, P.C. ETTERNY D Town Hall, Main Road - Southold, N.Y. COMEARNY This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate may be issued or may pertain,the insurance afforded by the policies described herein is subject to all the terms,exclusions and conditions of such policies. _ - POLICY Limits of Liability in Thousands(0 0) COMPANY TYPE OF INSURANCE POLICY NUMBER EACH LETTER EXPIRATION DATE AGGREGATE OCCURRENCE GENERAL LIABILITY BODILY INJURY $ $ ❑COMPREHENSIVE FORM ❑PREMISES-OPERATIONS PROPERTY DAMAGE $ $ ❑EXPLOSION AND COLLAPSE HAZARD ❑ UNDERGROUND HAZARD PRODUCTS/COMPLETED OPERATIONS HAZARD BODILY INJURY AND ❑CONTRACTUAL INSURANCE PROPERTY DAMAGE $ $ ❑ BROAD FORM PROPERTY COMBINED DAMAGE ❑ INDEPENDENT CONTRACTORS --- ❑ PERSONAL INJURY PERSONAL INJURY $ AUTOMOBILE LIABILITY BODILY INJURY (EACH PERSON) $ ❑ COMPREHENSIVE FORM BODILY INJURY $ ❑ OWNED (EACH ACCIDENT) ❑ HIRED PROPERTY DAMAGE $ BODILY JURY ❑ NON-OWNED PROPERTY D DAMAGE 8 COMBINED EXCESS LIABILITY BODILY INJURY AND ❑ UMBRELLA FORM PROPERTY DAMAGE $ $ ❑ OTHER THAN UMBRELLA COMBINED FORM _ WORKERS'COMPENSATION STATUTORY and $ EMPLOYERS'LIABILITY (EACH ACCIDENT) OTHER A er's Protectivelyy Injury-1,004,000 Each occurr- ability Policy 2b Be Assigned 1 j2I/82 Pro rty 113 9191,N8,0 BacCrr to DESCRIPTION OF OPERATIONS&OCATIONSNEHICLES Designated Contractor: Lyon & Reboli, Znc., 56 Comewlague Road, Nast Setauket, N.Y. 1175 Project If SONTOI-06 B Placing binder, top & shoulder course asphalt concrete on Nov Suffolk Avenue, 211own of Southold, N.Y. Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail 30 days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER: October 21 1981 _ DATE ISSUED: � �eb� - - - Town and/or Town Board, Town of Southold and/or Holzmacher, McLendon & Murrell, P.0 Town Ma Hall, in Road &--- / - Southold, N.Y. AUTHORIZED R ACORD 25(1-79) - yaiL•�;�'��1��7iiT�il:b Mord ii:i6� i7i��7r�i�13FIIIli,7_�L�;,►3ii�:=�131�3e77,`,C�iT�I.1<YI:I�7_CFid�71��:b3�Ci7:7LeP.Yi3�I'Sat7.7i:1�a7.�iIfLN_�i�Li]t,I�:_ _'�����ii11Ld3ii•,Z�IY.'1I:L,]>_l,:I�:G7�:Q9:I,Z�1:7_ffi3:ii;li<d,I73:L7Niil�i�I77�,Tl�i:L�S1I�[,li�'�#T,�iiirZ]�[,P� NAME AND ADD SS OF AGENCY - [COMPANIES AFFORDING COVERAGES 760 IWJCW M COMPANY A !1NW. OL Y. I Im LETTER ^ Amlovers, z r of wauxam 5 _ M 1177 COMPANY +` LETTER NAME AND ADDRESS OF INSURED COMPANY C LETTER rOM *and/or rOM Board, 4' of SoutholdCOMPA or ftl , iETT,eadim mur"ll, P.C. LETTERNY D -_ - lbwn Ball, )Main A"d -_ *.Southold, N.Y. � COMPANY LETTER This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate may be issued or may pertain,the insurance afforded by the policies described herein is subject to all the terms,exclusions and conditions of such policies. COMPANY POLICY Limits of Liability in Thousands TYPE OF INSURANCE POLICY NUMBER EACH _ LETTER EXPIRATION DATE AGGREGATE ------- - ------ - - - - - _. - - OCCURRENCE GENERAL LIABILITY BODILY INJURY $ $ ❑COMPREHENSIVE FORM ❑PREMISES-OPERATIONS PROPERTY DAMAGE $ $ ❑ EXPLOSION AND COLLAPSE HAZARD ❑ UNDERGROUND HAZARD ❑PRODUCTS/COMPLETED OPERATIONS HAZARD BODILY INJURY AND ❑CONTRACTUAL INSURANCE PROPERTY DAMAGE $ $ ❑ BROAD FORM PROPERTY COMBINED DAMAGE ❑ INDEPENDENT CONTRACTORS PERSONAL INJURY - ❑ PERSONAL INJURY- $IL AUTOMOBILE LIABILITY BODILY INJURY $ (EACH PERSON) ❑ COMPREHENSIVE FORM BODILY INJURY $ ❑ OWNED (EACH ACCIDENT) --- ---i -- ❑ PROPr RTV DAMAGE q HIRED BODILY INJURY AND ❑ NON-OWNED PROPERTY DAMAGE $ COMBINED_ EXCESS LIABILITY BODILY INJURY AND ❑ UMBRELLA FORM PROPERTY DAMAGE $ $ ❑ OTHER THAN UMBRELLA COMBINED FORM WORKERS'COMPENSATION STATUTORY and EMPLOYERS'LIABILITY $ EA(HA( IDLNT) OTHER r A r 8 Protectiveyy 2n ury-1,ofM,OU>n Nacb l7ocarr- 3b Be Assigned 10/21/82 Pro rty Dia�ag�e- , S� O=Krr- abilfty Bblfcg 1„ - rega DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES Designated Contractors L*t & Rebol.i, Ziac-, M Cim"wlvgue, IlDed, Nast Setauhat, N.Y. 1175= Project / SORT81-06.8 Placing hinder, top & shoulder counm asp It concrete an Now Suffolk Avenue, 2bwn of Southold, N.Y. Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail J®— days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER: 1 DATE ISSUED: r 2i+ 1281p�1_.&W__----- A- _-__ ,..- rown and/or RYWn Board, Town of Southold and/or Ablzmcher, 1l ezandw & i irrell, P.C. TbWn Nall, 1Main Road1464�1a__000'_ Southold, 1I.Y. AUTHORIZED REPRES117VE ACORD 25(1-79) �oro♦� 311y7I:F)•it I:\iiy:a<�lll:Ii�I:7,',ISiI�I�t�l.9\'/:\:UIK�7:Iy�:b1:Ci7ICH:Yia�gS�72i�.I�Niailf[N3ii:Cil�1�;. a r� .� „9:I��aai�:IrZ.ai\iiiala�d�I7d:7:CHS:\id�7:7d9�ia'iL`li1�IIL�i>�3l�ri:7�Ci]1_ NAME AND ADDRESS OF AGENCY ' L COMPANIES AFFORDING COVERAGES ALLIED COVERAGE CORPORATION - - 7��W!JERKeW MCOMPANY A 6 V100DO����� , OI. Y. IIIKE LETTER. . „ Y .$�'I�..-Ol .Mamaffi COMPANY R ,t /�vr.,. LETTER V Bigma �. nds .rnsurance pany NAME AND ADDRESS OF INSURED COMPANY I _ Lyon & kaboli, Znc. LETTER 86 Comovogue Road ETTER"Y Bassi Setauket, New York 11755 - -- - __- - -- - LETTER V E LETTER This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate may be issued or may pertain,the insurance afforded by the policies described herein is subject to all the terms,exclusions and conditions of such policies. -—coMPANv IT POLICY �r Limits of Liability in Thousands(000) — LETTER TYPE OF INSURANCE - -- - - - -POLICY NUMBER-- I EXPIRATION DATE EACH OCCURRENCE AGGREGATE GENERAL LIABILITY - -- -- - — BODILY INJURY $ l,o0® $ 2,000A ®COMPREHENSIVE FORM 0522-00-095351 9/15/82 ®PREMISES-OPERATIONS PROPERTY DAMAGE $ 1,000 $ 1,000 ®EXPLOSION AND COLLAPSE HAZARD ®UNDERGROUND HAZARD - PRODUCTS/COMPLETED ® OPERATIONS HAZARD BODILY INJURY AND ®CONTRACTUAL INSURANCE PROPERTY DAMAGE $ $ ® BROAD FORM PROPERTY COMBINED ® GE INDEPENDENT CONTRACTORS ®PERSONAL INJURY PERSONAL INJURY $ - -- AUTOMOBILE LIABILITY BODILY INJURY $ t A (EACH PERSON) A ® COMPREHENSIVE FORM 0522-02-095351 9115182 BODILY INJURY $ ® OWNED (EACH HIRED ACCIDENT) ® PROPERTY DAMAGE $ ® BODILY INJURY D NON-OWNED PROPERTY DAMAGE $ 1,000 _.. -- --__------- - -- ---_ -------- --- COMBINED.- ---- EXCESS LIABILITY BODILY INJURY AND B ® UMBRELLA FORM XS 206 439 9115182 PROPERTY DAMAGE $10,000 $10,000 ❑ OTHER THAN UMBRELLA COMBINED FORM WORKERS'COMPENSATION STATUTORY ' A EanMPLOYERSauABILITY 0512-00-095351 9115182 - $ 100 (EACH A(,CIDENT) OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES Project IF SWT81-06-B Placing, Binder, rop & Shoulder Course Asphalt Concrete on Nev Suffolk Avenue Town of Southold, Suffolk County, Nov York Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail 39 days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER: Town and/©r 20= Dazad DATE ISSUED: OCtobar 21. 19816 1L=&L of Southold and/or Bolaeacher, McLendon & Murrell, P.C. Topn mall Main Roadloor AUTHORIZED RE S T I Southold, New York ACORD 25(1-79) - • S�.iZ�I��3��r;� 01:0r'c•> NAME AND ADDRESS OF AGENCY COMPANIES AFFORDING COVERAGES UO'�W' COMPANY INC A �' LETTER / OnerN'- ilsuraact_[?f Maa��ti ter, aff.*ry.�IrM R -- i ♦f'�• COMPANY LETTER V sigAy�. ands znmwa o company NAME AND ADDRESS OF INSURED C COMPANY 1l LETTER , +'�'Jm & Re+ol t J)c. COMPANY fiD " CO @ Raad �ETTER Seat Setauket, New York 21756 - - -- -- COMPANY E - - LETTER --- - I----- -- - -- ---- -_... ----- This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate may be issued or may pertain,the insurance afforded by the policies described herein is subject to all the terms,exclusions and conditions of such policies. COMPAPOLICY Limits of Liability in Thousands(000) NY TYPE OF INSURANCE POLICY NUMBER EACH LETTER EXPIRATION DATE AGGREGATE OCCURRENCE GENERAL LIABILITY BODILY INJURY $ 1,000 $ 1,000 A ®COMPREHENSIVE FORM 0522-00-095351 9/,15182 ff'®PREMISES-OPERATIONS PROPERTY DAMAGE $ 1,000 $ 1,000 EXPLOSION AND COLLAPSE HAZARD UNDERGROUND HAZARD PRODUCTS/COMPLETED OPERATIONS HAZARD BODILY INJURY AND CONTRACTUAL INSURANCE PROPERTY DAMAGE $ $ BROAD FORM PROPERTY COMBINED DAMAGE y� INDEPENDENT CONTRACTORS - PERSONAL INJURY PERSONAL INJURY $ AUTOMOBILE LIABILITY BODILY INJURY $ (EACH PERSON) A LJ COMPREHENSIVE FORM 0522-02-095352 9/15/82 BODILY INJURY $ OWNED (EACH ACCIDENT) PROPERTY DAMAGE $ HIRED BODILY INJURY AND A NON OWNED PROPERTY DAMAGE $ 1,Vii`v COMBINED --------- ------- — EXCESS LIABILITY BODILY INJURY AND B UMBRELLA FORM XS 206 439 9115182 PROPERTY DAMAGE $10,000 $10,000 ❑ OTHER THAN UMBRELLA COMBiNED FORM WORKERS'COMPENSATION STATUTORY and _©522-00-095351 100 - EMPLOYERS'LIABILITY 9115/82 $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES Project IF SOSr81-06-B Placing, 81nder, 31bp & Sboulder Course A.spbalt Concrete on New Suffolk Avenue 3bwn of Southold, Suffolk qty, New York Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail " days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER: and/or rown JbRad DATE ISSUED: 1981A LahLs — Tbwn of Southold and/or Bo r, NCZAndM & Murrell, P.C. HA M �,/..,. te� ani Road AUTHORIZED REP ATIVE7' Southold, New rork ACORD 25(1-79) HMXM1ACHM MclV*M i MW A A-P.C. I NSM CW aow+arn+o ow,niar� rwo�µ erns ` PPOPOSAL - BIDDER'S DECLARATION TO THE TOWN BOARD of the TOWN OF SOUTHOLD, SUFFOLK COUNTY, STATE OF NEW YORK; BIDDER'S DECLARATION: The undersigned, as Bidder, declares that the only person or persons interested in this Bid or Proposal as principal or principals is or are named herein and that no other person than herein named has any interest in this Proposal or in the Contract proposed to be taken; that this Bid or Proposal is made without any connection with any other person or persons making a Bid or Proposal for the same purpose; the Bid or Proposal is in allrespects without fraud or collusion, that he has examined the site of the work, the Form of Contract and Specifications, and the Drawings therein referred to, and has read the Notice to Bidders, Information for Bidders and General Conditions hereto attached and fully understands all the same; that he proposes and agrees, if this Proposal is accepted, that he will contract with the TOWN BOARD of the TOWN OF SOUTHOLD.. in the Form of Contract accompanying this Bid, to perform all the work required in accordance with the Plans and as mentioned in said Form of Contract, Specifications, Notice to Bidders, Information for Bidders and General Conditions, and he will accept in full payment, therefore, the following sums to wit : 7/7 P-A RT HOLZMACHER,McLENDON i MURRELL,P.C.I H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS ' PROPOSAL (CONT'D) PLACING BINDER, TOP, AND NEW SUFFOLK AVENUE SHOULDER COURSE ASPHALT CONCRETE TOWN OF SOUTHOLD PROJECT NO. SOHT-81-06-B SUFFOLK COUNTY, NEW YORK BID DATE: ,SEPT. 24. 1981 10:00 A.M. ITEM 51F Place and Construct a Two-Course Asphalt Concrete Pavement, Type 1A Top and Binder Approximately 800 Tons Seven and No Cents Price per Ton . . . . . . . . . . . . . . . . . . . . ($7 .00) Dollars TOTAL. Five.Thousand Six Hundred and No•Cents • , ($5,600.00 ) Dollars ITEM 51Y Place and Construct Asphalt Concrete Shoulder Pavement Approximately 500 Tons Ten and No Cents ($10.00) Price per Ton . . . - Dollars TOTAL. Five.Thousand and No• Cents• - . ($5,000.00 ) Dollars NOTE: IT IS HEREBY BROUGHT TO THE BIDDER'S ATTENTION THAT BIDS FOR THIS CONTRACT ARE BEING RECEIVED BY THE TOWN OF SOUTHOLD CONCURRENTLY WITH BIDS FOR CONTRACT NO. SOHT-81-06-A, "FURNISH AND DELIVER BINDER, TOP, AND SHOULDER ASPHALT CONCRETE TO NEW SUFFOLK AVENUE. " THE BIDDER IS OFFERED THE OPPORTUNITY TO COMPLETE AN ALTERNATE BID FOR THIS CONTRACT (NO. SORT-81-06-B) WHICH WILL APPLY ONLY IF IT I THE SUCCESSFUL BIDDER ON CONTRACT NO. SOHT-81-06-A. DDER, BY COMPLETING AND SUBMITTING THIS ALTERNATE BID, UNDERSTANDS AND AGREES- THAT THIS ALTERNATE BID WILL BE CONSIDERED AS ITS PROPOSAL FOR WORK UNDER THIS CONTRACT IF AND ONLY IF IT IS THE SUCCESSFUL BIDDER ON CONTRACT NO. SORT-81-06-A AND AWARDED BOTH CONTRACTS. • PB-1 HOLZMACHER,McLENDON i MURRELL,P.C.1 HM CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS PROPOSAL (CONT'D) PLACING BINDER, TOP AND NEW SUFFOLK AVENUE SHOULDER COURSE ASPHALT CONCRETE TOWN OF SOUTHOLD PROJECT NO. SOHT-81-06-B SUFFOLK COUNTY, NEW YORK BID DATE: 'SEPT.. 24, 1981 10:00 A.Y. Alternate Item A-51F (Applies only to Successful Bidder for Contract No. SOHT-81-06-A) Place and Construct a Two-Course Asphalt Concrete Pavement , Type lA Top and Binder Approximately, Rnn T-,,c One and Fifty Cents Price per Toni i. . . . . .. . . . . . . ($1.50 ) Dollars OneThousand Two Hundred and No Cents TOTAL. . ($1,200.00 ) . ' ' . .Ddllats' ' Alternate Item A-51Y (Applies only to Successful Bidder for Contract No. SORT-81-06-A) a Place and Construct Asphalt Concrete Shoulder Pavement Approximately 500 Tons Price per Ton.Two ,and .F$fty .Cgnts . , ($2.50 ) Dollars TOTAL. One Thousand .Two .Hundred.Fifty.and.No Cents ($1,250.00) Dollars r PB-2 HOLZMACHER,MCLENDON i MURRELL,P.C.I H2M CORP. CONSULTING ENGINEERS AND ENVIP"MENTAL SCIENTISTS PROPOSAL CONT'D PLACING BINDER, TOP, AND NEW SUFFOLK AVENUE SHOULDER CONCRETE ASPHALT CONCRETE TOWN OF SOUTHOLD PROJECT NO. SOHT-81-06-B SUFFOLK COUNTY, NEW YORK BID DATE: SEPT. 24, 1981 10:00 A.M. TOTAL BID (SUM OF ITEM 51F AND ITEM 51Y) TOTAL.Ten, Thousand Six Hundred a_ nd No, Cents. _ . ($ 10,600.00 ) • Dollars *ALTERNATE TOTAL BID (SUM OF ALTERNATE ITEM A-51F AND ALTERNATE ITEM A-51Y) TOTAL. Two. Thousand Four. Hundred. Fifty, and_ No Cents . . . . . ($2,450.00 ) • Dollars COMPLETION DATE SHALL BE 30 CALENDAR DAYS AFTER SIGNING THE CONTRACT LIQUIDATED DAMAGES SHALL BE $50.00 PER DAY w BIDDER'S NAME: LYON AND REBOLI, INC. BIDDER'S ADDRESS: 56 COMSEWOGUE ROAD, EAST SETAUKET, NEW YORK 11733 SIGNED BY: RANDALL WOODARD TITLE CHIEF ENGINEER DATE: SEPTEMBER 24, 1981 *Applies only if Bidder is the Successful Bidder on Contract No. SOHT-81-06-A and Awarded Both Contracts • PB-3 HO ZMACHek Md ANOW i WAULL.I.C. / NMM OW. CONVA M 062114M MO WARO M Mit IaonaN PROPOSAL - (CONT'D.) Enclose certified check or bid bond for five percent (5%) of the total bid, as stipulated in the foregoing Information for Bidders. The Bidder hereby agrees to enter into a contract within seven (7) days after due notice from the Town of Southold that the contract has been awarded to him and is ready for signature, such notice to be given in writing within forty-five (45) days of the date of opening of the bids, and on the signing of such contract by him to furnish the indemnifying bonds as provided in the Contract. And, the Bidder hereby further agrees that in the event of his failure or refusal, to enter into a contract in accordance with this bid within seven (7) days after due notice from the said Town Board as given in accordance with the Information for Bidders, and/or his failure to execute and deliver the bond for the full amount of the contract price as provided in said Information for Bidders, that the bidder's check which is herewith deposited with the Town shall, at the option of said Town, . become due and payable as ascertained and liquidated damages for such default, otherwise the said check shall be returned to the undersigned. The full name and residences of all persons and parties interested in the foregoing bid as principals are as follows: NAME ADDRESS GEORGE W. LYON MT. SINAI ROAD, CORAM, NY 11727 WILLIAM J. LYON PORT JEFFERSON, NY 11777 PHILIP COWARD HILLSIDE AVENUE, ST. JAMES, NY 1178n NAME OF BIDDER: LYON AND REBOLI, INC. BUSINESS ADDRESS OF BIDDER: 56 COMSEWOGUE ROAD EAST RETAUKETO NEW YORK 11733 DATED AT: EAST SETAUKET, NY THE 24 DAY OF SEPTEMBER, 198 P—C HOLZMACHEk Yd.E M i MtlfU L.F.C. / HZM COPD. CONSULT No aIOMws Iwo LWARON OMM Boo"" PROPOSAL - (CONT'D.) NONCOLLUSIVE BIDDING CERTIFICATE By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: 1. The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; and 2. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor: and 3. No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition. Dated: SEPTEMBER 24, 1981 LYON AND REBOLI, INC. By. RANDALL WOODARD, P.E. CHIEF ENGINEER . This bidder cannot make the isforegoing attached settingcertification forth inand detail statement signed by the bidder the reasons therefor: P-D HOLZMACHER, UdINDON 6 MURRELL. P.C. / NZM CORP. CONSULTING VAINURI AND W01PAWMAL SCIUMS" INDEMNITY, LIMITATION OF LIABILITY 1 . INDEMNITY The Contractor and all sub-contractors performing work in connection with this contract shall HOLD - HARMLESS, INDEMNIFY and defend the OWNER and ENGINEER, their consultants, and each of their officers, agents and employees from any liability, claims, losses or damage including reason- able costs of defense arising out of or alleged to arise from the Con- tractor' s or sub-contractor's negligence in the performance of the work described in the Contract documents, but not including liability that may be due to the sole negligence of the OWNER, ENGINEER or their officers, agents and employees. 2. LIMITATION OF LIABILITY The Contractor and all sub-contractors agree to limit the liability of the OWNER and ENGINEER due to the Engineer's professional negligent errors or omissions such that the total aggregate liability of the engineer to those named shall not exceed fifty thousand ($50,000. ) dollars, or 5% of the contract award amount, whichever is greater. 10/80 ILL 1 of 1 HOLZMACHER, MtLENDON A MURRELL. P.C. / H2M CORP. CONSULTING ENGINUM ANO tN MMUO1TAL 'CIENTISTS CONTRACT CONTRACT IN QUADRUPLICATE FOR PLACING BINDER, TOP AND SHOULDER COURSE ASPHALT CONCRETE ON NEW SUFFOLK AVENUE AT TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK , dated ^=Z12e�, 19&, BY AND BETWEEN THE TOWN BOARD OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK, (herein called the "Town, " and LYON AND REBOLI, INC. , 56 Comsewogue Road, East Setauket_. New York 11733 (herein called the "Contractor" ) . WITNESSETH , that the Town and the Contractor, in consideration of the premises and of the mutual covenants, considerations and agreements herein contained , agree as follows: f This Contract is hereby awarded to the Contractor for the work and material called for under his bid in the Proposal section of the Contract and designated as Items: A-51F and A-51Y and if required by the Consulting Engineer, Items: None for the sum of:; TWO THOUSAND FOUR HUNDRED FIFTY AND NO CENTS Dollars ($2,450.00 ) for the unit and/or lump-sum price(s) as listed in the Proposal herein. C-1 HOLZMACHER. McL.ENDON&MURREL.L. P.C. / H2M CORP. OONSULInNa Walft"" ANO 1XV140NMa " ACluffle" CONTRACT - CONT'D. 1 . CONTRACT DOCUMENTS AND DEFINITIONS The Notice to Bidders, Information for Bidders, Proposal , General Conditions, Contract , Specifications and Plans, together with any Addenda , shall form part of this Contract , and the pro- visions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. The titles, headings, head- lines and marginal notes contained herein are solely to facilitate reference to various provisions of the Contract. Documents and in no way affect , limit or cast light upon the interpretation of the provisions to which they refer. Whenever the term "Contract DoCU- ments" is used, it shall meati and include this Contract , the Plans, Specifications, any Addenda, and the Notice it.) Bidders , Information for Bidders, General Conditions and Proposal . In case of any con- flict or inconsistency between the provisions of the Contract and those of tine Specifications, the provisions of the Contract shall govern. WORK: The ' term "Work" , as used herein, refers to all of the work proposed to be accomplished at the- site of the project and all such other work as is in any manner required to accomplish the completed project , and includes all plant , labor, materials, supplies, equipment and other facilities and acts necessary or proper for or incidental to the carrying out and completion of the terms of this Contract . The term "work performed" shall be construed to include material delivered to and suitably stored at the site of the project. EXTRA WORK: The term "Extra Work" , as used herein, refers to and includes all work required by the Town which, in the judgment of the Engineer, involves changes in or additions to work required by the Plans, Specifications and any Addenda in their present form. SUBCONTRACTOR: The term "Subcontractor" , as used herein, shall mean any person, firm or corporation applying labor and material for work at the site of the project , but not including tt,e parties to this Contract. ENGINEER: In the performance of the work, the Town shall be represented by its Consulting Engineer HOLZMACHER9 McLENDON & MURRELL, P.C. , (herein called the "Engineer") . SUPPLY CONTRACTOR: The terms, "Supplier" , or "Supply Contractor" , as used herein, shall mean any person, firm or corporation involved in the manufacture, transport, and delivery of the asphalt concrete materials to be placed under this Contract. C-2 HOLZMACHER. MtLENDON i MURRELL. P.C. / H2M CORP. CONSULTINO ENOINEEIIM AND ENVIRONMENTAL •CIE1MS" CONTRACT - CONT'D. NOTICE - The term "Notice" , as used herein , shall mean and include written notice. Written notice shall he deemed to have been duly served when delivered to, or at the last known business address of , the person, firm or corporation for whom intended or to his, their, or its duly authorized agents, representatives or officers, or when enclosed in a postage prepaid wrapper or enve- lope addressed to such person, firm or corporation at his , their, or its last known business address and deposited in a United States Mail Box . DIRECTED, RE iIIQ RED, APPROVED. ACCEPTABLE - Whenever they refer to the work, or its performance, "directed" , "required", "permitted" , "ordered", "designated" , "prescribed" , and words of like import shall imply the direction , requirement , permission , order , designa- tion or prescription of the Engineer, and "approved"„ "satisfied" , or "satisfactory" , "in the judgment of" , and words of like import , shall mean approved or acceptable to, or satisfactory to, in the judgment of the Engineer. 2. SCOPE. OF THE WORK The Contractor will furnish all plant , labor, material , supplies, equipment and other facilities and things necessary or proper for or incidental to, the work contemplated by this Contract as required by, and in strict accordance with, the applicable Plans, Specifications and Addenda prepared by the Engineer and/or required by and in strict accordance with, such changes as are ordered and approved pursuant to this Contract , and will perform all other obligations imposed on him by the Contract . 3. COMPENSATION TO BE PAID TO THE CONTRACTOR (a) Agreed Prices : It is understood and agreed that the Con- tractor will accept as payment in full the summation of products, of the actual quantities in place upon the completion of the work, as determined by the Engineer's measurements by the unit prices bid, no allowance being made for anticipated profit or for reason of variations from the estimated quantities set forth in the Proposal. (b) Extra Work and/or Changes : The Town may, at any time, by a written order, and without notice to the sureties, require the performance of such extra work or changes in the work as it may find necessary or desirable. The amount of 'compensation to be paid to the Contractor for any extra work, as so ordered, shall be determined as follows : C-3 H&MIACHER.MCIENDON i MURRELL. P.C. / HZM CORD. coroutnNe omums Amo sxvow mma*TAt sciamm CONTRACT - CONT'D. (1) By such applicable unit prices, if any, as set forth in the contract, or (2) If no such unit prices are set forth, then by unit prices or by a lump sum mutually agreed upon by the Town and the Con- tractor, or (3) If no such unit prices are set forth, and if the parties cannot agree upon unit prices or a lump sum, then by actual net cost in money to the Contractor of the materials, permits, wages, or applied labor, premiums for Workmen's Compensation Insurance, payroll taxes required by law, rental for plant and equipne nt used (excluding small tools) to which total cost will be added twenty percent (20%) as full compensation for all other items of profit, costs and expenses, including administration, overhead, superintendence, insurance, insurance other than Workmen 's Compen- sation Insurance, material used in temporary structures, allowances made by the Contractor to subcontractors, additional premiums upon the Performance Bond of the Contractor and the use of small tools. 4 . TIME OF ESSENCE Inasmuch as the provisions of this Contract relating to the time for performance and completion of the work are for the purpose of enabling the Town to proceed with the construction of a public improvement, in accordance with a predetermined program, such pro- visions rovisions are of the essence of this Contract. 5. COMMENCEMENT OF WORK The Contractor agrees that he will commence work within ten (10) consecutive calendar days after signing this Contract, and that the day he commences work shall constitute the first of the consecutive calendar days allowed for completion of the work. C-4 HOLZMACHER, McLENDON&MURRELL. P.C. / HZM CORP COWLTiNO 0101NE[" AND LNWAONMURAL •C1UMM CONTRACT - CONT'D. 6. TIME FOR COMPLETION The time for completion of this Contract shall be within the number of calendar days stated in the Bid Proposal and the date of such completion shall be the date of the certificate of com- pletion hereinafter specified. The Town reserves the right to order the Contractor to suspend operations when, in the opinion of the Engineer, impro- per weather conditions make such action advisable, and to order the Contractor to resume operations when weather and ground con- ditions permit . The days during which such suspension of work is in force are not chargeable against the specified completion time. 7 LIQUIDATED DAMAGES FOR DELAY The time limit being essential to and of the essence of this Contract , the Contractor hereby agrees that the Town shall be, and is hereby authorized to deduct and retain out of the money which may be due or may become due tosaidContractor under this agreement, the sum of fifty dollars ($50.00) 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 Town 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, provided, however, that the Town 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 with- out his fault, or negligence, including but not restricted to Acts of God or of any public enemy, acts or neglect of the Town , acts or neglect of any other Contractor, fires, floods, epidemics, quarantine restrictions, strikes, riots, civil commotion 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 Town. No such extension of time shall be considered a waiver by the Town 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 obliga- tions hereunder. C-5 HOLZMACHER, McLENOON i MURRELL P.C. / H2M CORP. WNSULTING DWINUM AND ENVOMMMWTAL SCIENT111" CONTRACT - CONT'1). 9. CONTRACT SECURITY (a) The Contractor shall furnish a Performance Bond in an amount equal to one hundred percent ( 100`,0) u1' the total contract price as security for the faithful performance of this contract , and for the payment of all persons performing labor or furnishing mater- ials in connection with this Contract . (b) Additional or Substitute Bond : If , at any time , the Town shall be or become dissatisfied with any surety or sureties , then upon the Performance Bond , or if , for any other reason , such bond shall cease to be adequate security to the Town , the Contractor shall , within five (5) days after notice from the Town, substitute an acceptable bond in such form and sum, and signed by such other surety as may be satisfactory to they Town . Tho premiums ern such bunds shall be paid by the Contractor. No further payments shall be deemed due, nor shall be made until the: new :surety shall have been qualified. (c) Prior to release of the Performance Bund , the Contractor shall deliver to the 'Town a Maintenance Bund equal to one hundred percent (100%) of the total Contract price , l.ncluding all extras. This Maintenance Bond shall remain in full force and effect for a period of one (1 ) year after the date of the final certificate and such bond,, which shall be executed by the Contractor and issued by a reliable, solvent surety company authorized to do business inthe State of New York shall guarantee to the Town that the Contractor shall promptly remedy any defects or faults that may occur within twelve (12) months after completion and acceptance of the work performed by the Contractor pursuant to this Contract . 10. CONTRACTOR 'S INSURANCE The Contractor shall not commence any work until he has obtained and had approved by the Town all of the insurance required under this Contract , as enumerated herein : Compensation Insurance Public Liability and Property Damage Insurance Contractor's Protective Liability and Property Damage Insurance Owner's (Town of Southold) and Engineer's Pro- tective Public Liability and Property Damage Insurance . Automobile Public Liability and Property Damage Insurance C-6 HOLZMACHER, MdLENDON i MURRELL. P.C. / HZM CORP. GONSULTINO 04010UPA AND tNVISONUMAL BCICM'n f CONTRACT - CONT'D. The Contractor shall not permit any subcontractor to commence any operation on the site until satisfactory proof of carriage of the above required insurance has been posted with, and approved by, the Town. (a) Compensation Insurance: The Contractor shall take out and maintain, during the life of this Contract , Workmen's Compensation Insurance for all of his employees employed at the site of the pro- ject , and in any case of any of the work being sublet, the Contractor shall require the subcontractor similarly to provide Workmen's Com- pensation Insurance for all of the latter's employees, unless such employees are covered by the protection afforded by the Contractor. (b) Public Liability and Property Damage Insurance: The Con- tractor shall take out and maintain during the life of this Contract such Public Liability and Property Damage Insurance as shall pro- tect him and any subcontractor performing work covered by this Contract for claims for damages for personal injury, including accidental death, as well as from claims for property damage which may arise from operations under this Contract , whether such opera- tions be by himself or by any subcontractor, or by anyone directly or indirectly employed by either of them, and the amounts of such insurance shall be as follows: Public Liability Insurance in the amount not less titan Five Hundred Thousand Dollars ($500,000. ) for bodily injuries, including wrongful death to any one person, and subject to the same limit for each person in an amount not less than One Million Dollars ($1,000,000. ) on account of one accident. Property Damage Insurance in an amount not less than One Hundred Thousand Dollars ($500,000. ) for damages on account of any one accident and in an amount of not less than Two Hundred Thousand Dollars ($1 ,000,000. ) for damages on account of all accidents . (c) Liability and Property Damage Insurance: The above policies for public liability and property damage insurance must be so written as to include Contractor 's Protective Liability and Property Damage Insurance to protect the Contractor against claims arising from the operations of any subcontractor. C-7 HODUACHER, McMDON 6 MURRELL. P.C. / H2M CORP. CONSULnNQ 04GINUM AND 904VIMNIAWAL •ua+ntTs CONTRACT - CONT'D. (d) Owner's and/or Engineers Protective Public Liability and Property Damage Insurance: (Town and/or Town Board, Town of Southold and/or 11olzmacher, McLendon & Murrell, P.C. ) The Con- tractor shall furnish to the Town with respect to the operations he or any of his subcontractors perform, a regular Protective Public Liability Insurance Policy for and in behalf of the Town and/or Town Board, Town of Southold and/or Holzmacher, McLendon & Murrell, P.C. , providing for a limit of not less than $500,000. for all damages arising out of bodily injuries to, or death bf one person and subject to that limit for each person, a total limit of $1,000,000. for all damages arising out of bodily inju- ries to, or death of, two or more persons in any one accident ; and regular Protective Property Damage Insurance providing for a limit of not less than $500,000. for all damages arising out of injury to, or destruction of, property in any one accident and subject to that limit per accident a total (or aggregate) limit of $1 , 000,000. for all damages arising out of injury to, or des- truction of property during the policy period. The insurance must fully cover the legal liability of the Town and/or Town Board, Town of Southold as owner and/or Holzmacher, McLendon & Murrell, P.C. The coverage provided under this policy must not be affected if the Town and/or Engineer performs work in connection with the project either for, or ill cooperation with, the Contractor or as an aid there- to, whether the same be a part of the Contract or separate there- from, by means of its own employees or agents, or if the Town and/or Engineer directs or supervises the work to be performed by the Contractor. (e) Automobile Public Liability and Property Damage Insurance: The Contractor shall take out and maintain during the life of the Contract such automobile public liability and property damage insurance as shall protect him and any subcontractor performing work covered by this contract from claims for damages for personal injury, including accidental death as well as from claims for property damage which may arise from operations under this Con- tract, whether such operations be by himself or by any subcontractor, or by anyone directly or indirectly employed by either of them and the amounts of such insurance shall be as follows: C-S HOLZMACHER, MCLENOON 6 MURR" ►.C. I H2M CORP. CONSULTINO U401MURS AND ENVIROMMLNTAL OCIENT M CONTRACT - CONT'D. Automobile Public Liability Insurance in an amount not less than Five Hundred Thousand Dollars ($500,000. ) for bodily injuries, including wrongful death by any one person, and subject to the same limit for cacti person in an amount not less than One Million Dollars ($1,000,000. ) on account of one accident . Automobile Property Damage Lnsurance in an amount of not less than One Hundred Thousand Dollars ($100, 000. ) for damages oil account of any one accident. and in an amount of not less than Two Hundred Thousand Dollars ($200,000. ) for damages on account of all accidents. 11 . PROOF OF CARRIAGE OF INSURANCE The Contractor shall furnish the Town with certificates of each insurer insuring the Contractor or any subcontractor under this Contract , except with respect to subdivision (d) of Paragraph 10. In respect to this paragraph, the Contractor shall furnish the Town with the original insurance policy and a copy to the Engineer. Both certificates, as furnished, and the insurance policy, as required, shall bear the policy numbers, the expiration date of the policy and the limit or limits of liability thereunder. Both the certificates and the policy shall be further endorsed to provide the Town and Engineer with any notice of cancellation at least five (5) days prior to the actual date of such cancellation. r C-9 WUMACHER, MCUN00N 6 MURK" P.C. / H2M COAD. CONSULTING 04OI14U" AND ENVIRONMENTAL SCILNTIS" CONTRACT - CONT' D. 12. COMPLIANCE WITH LABOR AND PENAL LAWS The Contractor hereby expressly agrees to comply with all the provisions of the Labor Law and any and 'all. amendments thereto, insofar as the same are applicable to this Contract . The Labor Laws, as amended, provide that no laborer, workman or mechanic: in the employ of the Contractor, subcontractor or other person doing or contracting to do the whole or a part of the work con- templated by this Contract , shall be permitted or required to work more than eight (8) hours in any one calendar day, except in cases of extraordinary emergency caused by fire, flood, or danger to life or property; that ,io such person shall be employed more than eight (8) hours in any clay or more than five (5) days in any week, except in such emergency; that the wages to be paid for a legal day's work as hereinbefore defined, to laborers, workmen, or mechanics upon the work called for under this Con- tract, or for any materials used upon or in connection therewith, shall not be less than the prevailing rate fog• a day 's work in the same trade or occupation in the locality within the State where such work is to be done and each laborer, workman or mechanic employed by the Contractor, subcontractor, or other person about or upon the work shall be paid the wages Herein provided; that employees engaged in the construction outside the limits of cities and villages are no longer exempt from the pro- visions of the Labor Law which required the payment of the pre- vailing rate of wages and the eight (8) hour day. Section 222 of the Labor Law, as amended by Chapters 556 and 557 of the Laws of 1933, provides that preference in employ- ment shall be given to citizens of the State of New York who have been residents of Suffolk County for at least six (6) consecutive months immediately prior to the commencement of their employment. Each person so employed shall furnish satis- factory proof of residence, in accordance with rules adopted by the Industrial Commissioner. Persons other than citizens of the State of New York shall be employed only when such citizens are not available. Section 222 further provides that upon the demand of the State Industrial .Commissioner, the Con- tractor shall furnish a list of names and addresses of all his subcontractors and further provides that a violation of this section shall constitute a misdemeanor and shall be punishable by a fine of not less than Fifty Dollars ($50. 00) nor more than Five Hundred Dollars ($500.00) or by imprisonment for not less than thirty (30) days nor more than ninety (90) days, or both fine and imprisonment. C-10 M29ACWA. MCUN00N A MURUL, F.C. / H2M CORP. WNP&"NO OWNtW AND UMNOMMO/TAt 900MM CONTRACT - CONT'D. Section 220A of the Labor Law, as amended by Chapter 472 of the Laws of 1932, provides that before payment is made by or on behalf of the State or any City, County, Town or Village or other civil deviation of the State, of any sums due on account of a contract for a public improvement , it is the duty of the Comptroller or the financial officer of the Municipal Corporation to require the Contractor and each and every sub- contractor to file a certified statement in writing, in satis- factory form, certifying to the amounts then due and owing to any and all laborers for daily or weekly wages on account of labor performed upon the work of the Contract , setting forth therein the names of the persons whose wages are unpaid and the amount due each, respectively. Section 220-8 of the Labor Law, as so amended, provides that any interested person who shall have previously filed a protest in writing objecting to the payment to any Contractor or subcontractor to the extent of the amount or amounts due or to become due to him for daily or weekly wages for labor performed on the public improvement for which the Contract was entered into, or if, fu,• any other reason, it may be deemed advisable, the Comptroller of the State or other financial officer of the Municipal Corporation may deduct from the whole amount of any payment on account thereof the sum or sums admitted by any Contractor or subcontractor in such statement or statements so filed to be due and owing by him on account of labor per- formed and may withhold the amount so deducted for the benefit of the laborers for daily or weekly wages, whose wages are unpaid as shown by the verified statements filed by any Con- tractor or subcontractor and may pay directly to any person the amount or amounts so shown to be due for such wages. Section 220-C of the Labor Law, as so amended, provides .the penalty for making of a false oath or verification. Section 220-D of the Labor Law provides that the advertised specifications for every Contract for the construction, recon- struction, maintenance and/or repair of highways to which the State, County, Town and/or Village is a party shall contain the provision stating the minimum rate of hourly wage that can be paid, as shall be designated by the Industrial Commissioner, to the laborers employed in the performance of the Contract , either by the Contractor, subcontractor or other person doing or contracting to do the whole or part of the work contemplated by the Contract, and the Contract shall contain a stipulation that such laborers shall be paid not less than such hourly minimum rate of wage. Any person or corporatbn that willfully pays C-11 HOLZMACHER, WINDON 3 MURREU, P.C. / H2M CORP. cONauLinNe VMUXURI AND awmNmanAL wupmsn CONTRACT - CONT'D. R after entering into such contract less than such stipulated minimum hourly wage scale shall be guilty of a misdemeanor and, upon conviction, shall be punished for a first offense by a fine of Five Hundred Dollars ($500.00) or by imprisonment for not more than thirty (30) days, or by both fine and imprisonment for a second offense by a rine of One Thousand Dollars ($1,000. 00) and, in addition thereto, the Contract on which the violation has occurred shall be forfeited ; and no such person or corporation shall be entitled to receive any sum or nor shall any officer, agent or employee of the State pay the same or authorize its payment from the funds under his charge or control to any person or corporation for work done upon any contract , on which the Contractor has been convicted of second offense in violation of the provisions of this Section. The minimum wage rates established by the Industrial Com- missioner, State of New York, for this Contract , are as set forth in the Information for Bidders. Section 1918 of the Penal Law, as. amended, provides that no person shall discharge explosives in the ground, nor shall any person other than a state or county employee regularly • engaged in the maintenance and repair thereof excavate in any then existing street, highway, or public place, unless notice thereof in writing shall have been given at least seventy-two hours in advance to the person, corporation or municipality engaged in the distribution of gas in such territory. The person having direction or control of such work shall give such notice and further, he shall ascertain whether there is within one hundred feet of such street, highway or public place, or in the case of a proposed discharge of explosives within a radius of two hundred feet of such discharge, any pipe of any person, corporation or municipality conveying combustible gas, and if any emergency involving danger to life, health or property, it shall be lawful to excavate without using explosives if the notices prescribed herein are given as soon as reasonably possible, and to disharge explosives to protect a person or persons from an immediate and substantial danger of death or serious personal in- jury if such notices are given before any such discharge is under- taken. Any such work shall be performed in such manner as to avoid damage to pipe conveying combustible gas. Any violation of the provisions of this Section shall be a misdemeanor. C-12 HOLZMACHER, McMDON&MURRELL. P.C. I HZM CORP. CoNBULTING 0401NEL" AND FXVIIkONMOOTAL SCAXTIM CONTRACT - CONT"I). 13 QUALIFICATIONS FOR EMPLOYMENT No person under the age of sixteen ( 16) years , and no person currently serving sentence in a penal or correctional institution shall be employed to perform any work on the project under this Contract . No person whose age or physical condition is such as to make his employment dangerous to his health or safety , or the ers, shall be employed to perform any health and safety of oth work on this project ; provided , however, that such restriction shall not operate against the employment of physically h:Indi- capped persons, otherwise employable, where each person may be safely assigned to work which they can ably perform. 14 . NON-DISCRIMINATION There shall be no discrimination because of race, creed or color in the employment of persons for work under this Contract , whether performed by the Contractor or any subcontractor. Neither shall the Contractor or any subcontractor discriminate in any manner against or intimidate any employee hired for the perform- ance of work under this Contract on account of race, creed or color. There may be deducted from the amount payable to the Con- tractor by the Town under this Contract a penalty of Five Dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of this paragraph ; provided that for a second or any subsequent violation of the Corms of this paragraph, this Con- tract may be canceled or terminated by the Town and all monies due or to become due hereunder may be forfeited. 15. PAYMENT OF EMPLOYEES The Contractor and each of his subcontractors shall pay each of his employees engaged in work on this project under his cash Contract in full ( less deductions made, mandatory by w and not less often than once each week. C-13 HOLZMACHER. McLENDON d MURR" P.C. / H2M CORP. CONSULTING ENOINUM AND EWWMMtNTAL SCIENT S" m CONTRACT - CONT'D 16. ESTIMATES AND PAYMENTS (a) Final Certificate: Thirty (30) days after the Contractor shall have substantially completed the work required of it under the Contractor the Engineer will prepare a final certificate of the re- maining amount of the Contract balance less a sum equal to two (2) times the value of any remaining items to be completed and less an amount necessary to satisfy any claims, liens or judgements against the items of work are satisfactorily completed or corrected, the Town shall promptly pay, upon receipt of a requisition for these items less an amount necessary to satisfy any claims, liens or judgements against the Contractor which have not been suitably discharged. Any claims, liens and judgements referred to in this seciton shall pertain to the project and shall be filed in accordance with the terms of the applicable Contract and/or applicable laws. (b) In order to secure the performance of the convenant of the Contractor, prior to release of the Performance Bond, the Contractor shall deliver to the Town a Maintenance Bond equal to one hunderd percent (100%) of the total Contract price, including all extras. This maintenance bond shall remain in the full force and effect for a period of one (1) year after the date of the final certificate and such bond, which shall be executed by the Contractor and issued by a reliable, solvent surety company authorized to do business in the State of New York shall guarantee to the Town that the Contractor shall promptly remedy any defects or faults that may occur within twelve (12) months after completion and acceptance of the work per- formed by the Contractor pursuant to this Contract. (c) The cost of the work performed under this Contract is. being reimbursed to the Town by New York State. Payment to this Contractor shall be made by the Town. within five (5) calendar days after receipt by the Town of State reimbursement for the work. C-14 HOLZMACHER, McLENOON 6 MURRELL. P.C. / H2M CORP. CONSULTINO WGIMMS AND ENVIRONM0/TAL •CIE MS" CON'T'RACT - CONT'D. (d) Measurements for Payment : The Engineer shall make due measurement of the 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 the 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 materiul error be proved , be paid for by the Contractor. 17. ACCEPTANCE OF FINAI, PAYMENT CONSTITUTES RELEASE The acceptance by the Contractor of the .final payment shall be, and shall operate as a release to the Town from all claims and all liabilities to the Contractor for all things done or furnished in connection with this work and for every act and neglect of the Town and other relating to, or arising out of , this work, excepting the Contractor's claims for interest upon the final payment , if this payments 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. 18. CONSTRUCTION REPORTS The Contractor shall submit to the Engineer prior to the commencing of any work under this Contract a detailed schedule and plan of operation, indicating the manner in which the Contractor proposes to prosecute the work , and a time schedule therefore. 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 Contractor shall furnish the Engineer with periodic esti- mates 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 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 other than the Town as may be required by such existing laws or regulations. C-15 HOIZMACHER, MCLENDON 6 MURRELL. P.C. / H2M CORP. WNiuLT1140 MOINUPA AND VCAWNMWTAL 9C1uMM R CONTRACT - CONT'D. 19. INSPECTION AND TESTS All material and workmanship shall be subject to inspection, examination and test by the Engineer and other representatives of the Town at any time during the construction and at any and all places where manufacturing of materials used and/or construct- tion is carried on. Without additional charge, the Contractor shall furnish promptly all reasonable facilities, labor and materials neces- sary to make tests so required safe and convenient . If, at any time, before final acceptance of the entire work, the Engineer considers necessary or advisable an examin- ation of any portion of the work already completed, by removing or tearing out the same, the Contractor shall , upon request , furnish promptly all necessary facilities, labor and materials for such examination. If such work is found to be defective in any material respect , due to the fault of the Contractor or any subcontractor, or if any work shall be covered over without the approval or consent of the Engineer, whether or not the same shall be defective, the Contractor shall be liable for the expenses of or such examination and of satisfactory reconstruction. If, however, such approval and consent shall have been given, and such work is found to meet the requirements of this Contract , the Contractor shall be recompensed for the expense of such examin- ation and reconstruction in the manner herein provided for the payment of costs of extra work. The selection of laboratories and/or agencies for the in- spection and tests of supplies, materials or equipment shall be subject to the approval of the Engineer. Satisfactory documen- tary evidence that the material has passed the required inspec- tion and test must be furnished the Engineer prior to the incor- poration of the material in the work. Any rejected work shall be removed from the site of the project completely at the expense of the Contractor. C-16 HOLZMACHER. MCMDON i MURRELLL, P.C. I H2M CORP. CONSULTING ENGINEERS AND LNYIGONMURAL SCIOMM CONTRACT - CONT'D. 20. 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 on the Plans shall have the same effect as if shown or mentioned respectively in both. In case of any conflict or inconsistency between the Plans and Specifications , the Plans shall govern. Any discrepancy between the figures and specifications shall be submitted to the Engineer, whose decision therein shall be conclusive. 21 . SUBSURFACE CONDITIONS FOUND DIFFERENT Should the Contractor encounter subsurface conditions at the site materially differing from those shown on the Plans or indi- cated 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 , tie 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 . 22. CONTRACTOR'S TITLE TO MATERIALS No material or supplies for the work shall be purchased by the Contractor or by 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. 23. SUPERINTENDENCE BY CONTRACTOR At the site of the work the Contractor shall employ a Con- struction Superintendent or foreman who shall have full authority to act for the Contractor. It is understood that such represen- tative 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. C-1'7 HOLZMACHER, MetENDON i MURRELL, P.C. / H2M CORK CONIIULTINO U400HUM AND EMVIMMMEMAL OCIENT S" a CONTRACT - CONT'D. 24. PROTECTION OF WORK PERSONS AND PROPERTY Precaution shall be exercised at all times for the proper protection of all persons , property and work. The safety pro- visions 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 Town or its Engineer to adequately safeguard the traveling public . The Contractor shall give notice to the owners of all utilities which may serve the area and request their assistance in pre- determining the location and depth of the various pipes, conducts , manholes and other underground facilities . 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 Town 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 Town might be liable. The Contractor shall be liable for all injury or damage caused by his act or neglect, or that of his employees. 25. PATENT RIGHTS As part of his obligation hereunder and without any ad- ditional compensation, the Contractor will pay for any patent fees or royalties required in respect to the work or any part thereof and will fully indemnify the Town for any loss on account of any infringement of any patent rights, unless prior to his use in the work of a particular process or a product of a particular manufacturer, he notifies the Town in writing that such process or product is an infringement of a patent . C C-18 HOLZMACHER, MCLENOON&MURRELL. F.C. / H2M CORP. CONSULTING MINUAS AND [NVIAONMENTAL OCIUMSTt CONTRACT - CONT'I). 26. REPRESENTATIONS OF CONTRACTOR The Contractor represents and warrants : (a) That he is financially solvent and that he is experienced in and competent to perfrom the type of work involved under this Contract and able t:o furnish the plant materials , supplies and/or equipment to be furnished for the work; and (b) that he is familiar with all Federal. , State and Municipal Laws , ordinances and regulations which may in any way affect the work of those employed hereunder, including; but not limited to any special acts relating; to the work ; and (c) that such work required by these Contract Documents as is to be done by him can be satisfactorily constructed and used for the purpose for which it is intended and that such construc- tion will not injure any person or damage any property ; and (d) that he has carefully examined the Plans , Specifications , and the site of the work, and that from his own investigation lie has satisfied himself as to the nature and location of the work, the character, location, quality and quantity of surface and sub- surface materials , structures and utilities likely to be encountered, the character of equipment, and other facilities needed for the performance of the work, the general local conditions which may in any way affect the work or its performance. 27. AUTHORITY OF THE ENGINEER In the performance of the work, the Contractor shall abide by all orders and directions and requirements of the Engineer and shall perform all work to the satisfaction of the Engineer, at such time and places , by such methods, and in such manner and sequence as he may require. The Engineer shall determine the amount, quality , acceptability and fitness of all parts of the work, shall interpret the plans, specifications , contract documents and any extra work orders and shall decide all d her questions in connection with the work. Upon request , the Engineer shall confirm in writing any oral orders, directions, requirements or determinations . The enumeration herein or elsewhere in the contract documents of particular instances in which the opinion, judgment , discretion or determination of the Engineer shall control, or in which work shall be performed to his satisfaction or subject to his approval, or inspection, shall not imply that only matters similar to those enumerated shall be so governed and so performed, but without exception all the work shall be governed ani so performed. C-19 HOLZMACHER, MCMDON d MURR" F.C. / H2M CORP. CON'ULTIMO VAIME M AND CHVIMMUMAL M MT M CONTRACT - CONT'D. 28. SURVEYS The Engineer will furnish to the Contractor all layouts , measurements and lines and grades necessary for the execution of the work. When and as requested, the Contractor will fur- nish the necessary stakes and spikes for laying out such lines and grades and the unskilled labor necessary to place same. 29. CHANCES AND ALTERATIONS The Town reserves the right to make alterations in the location, line, grade, plans , form or dimensions of the work, or any part thereof, either before or after the commencement of the 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 . 30. CORRECTION OF WORK All work and all materials , whether incorporated into the work or not, all processes of manufacture and all methods of con- struction shall be, at all times and places, subject to the in- spection of the Engineer who shall be the final judge of quality, materials, processes of manufacture and methods of construction suitable for the purpose for which they are used. Should they fail to meet his approval they shall be forthwith reconstructed, made good and replaced and/or corrected as the case may be, by the Contractor at his own expense. Rejected materials shall im- mediately be removed from the site. If, in the opinion of the Engineer, it is not desirable to replace any defective or damaged materials or to reconstruct or correct any portion of the work injured or not performed in accordance with the Contract Documents, the compensation to be paid to the Contractor hereunder shall be reduced by such amount as, in the 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, settlements, or shrinkages which may appear within one year following the date oX the final certi- ficate. Neither the acceptance of the completed work nor ~ C-20 HOLZMACHER. MdANDON A MURRELL. P.C. 1 HZM CORP. CONOULTINO WOINURG AND LNVIAMMOITAL OCIUMS" CONTRACT - CONT'D. payment therefor shall operate to release the Contractor or his sureties from any obligations under or upon this Contract or the Performance Bond, 31 . WEATHER CONDITIONS In the event of temporary suspension of the 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 materials shall have been damaged or injured by reason of the 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. 32. THE TOWN'S RIGHT TO WITHHOLD PAYMENTS The Town may withhold from the Contractor so much of any approved payments due him as may, in the judgment of the Town, be necessary: (a) To assure the payment of gust claims then due and unpaid of any persons supplying labor or materials for the work; (b) To protect the Town from loss due to defec- tive work not remedied, or (c) To protect the Town from loss due to injury to persons or damage to the work or property of other contractors or subcontractors or others , caused by tte act or neglect of the Contractor or any of his subcontractors . The Town stall have the right , as agent for the Contractor, to apply any such amounts so withheld in such manner as the Town may deem proper to satisfy such claims or to secure such protection. Such application of such money shall be deemed payments for the account of the Contractor, C-21 HOLZMACHER, MCLENDON 6 MURRELL. P.C. / H2M CORS. CON3ULTINO WOINELNS AND ENVIIIONMWTAL SCIENT M CONTRACT - CONT'D. 33. THE TOWN 'S II16I1T TO STOP WORK OR TEMMINA'I E CONTRAur: i j-,, (a) The Contractor shall be adjudged bankrupt or make ;in assignment for the benefit of creditors , or (b) A receives- or liquidator shall be appointed for the Contractor for any of his property and shall not be dismissed within 20 days alter such appointment , or the proceedings in connection therewith shall not be stayed on appeal within the said 20 days, or (c) The Contractor shall. rofust! or I';til , after notice or warning; from Lhe I;ng;i neer, to supply enough p t-opor l y skilled workmen or proper materials, or ( d) The Contractor shall refuse or fail to prosecute the work or any part thereof with such diligence as will insure its completion within the period herein specified (or any duly authorized extension thereof) or shall fail to complete the work within said period , or (e) The Contractor shall fail to make prompt payment to persons supplying labor or materials for the work, or ( f) The Contractor shall fail or refuse to regard laws , ordinances, or the instructions of the Engineer or otherwise be guilty of a substantial violation of any provision of this Contract , then, and in any such event , the 'Town , without prejudice to any other rights or remedy it may have, may by seven (7) days notice to the Contractor, terminate the employ- ment of the Contractor and his rights to proceed either as to the entire work or (at the option of the Town) as to any portion thereof as to which delay shall have occurred, and may take possessi.on of the work and complete the work by contract or otherwise, as the Town may deem expedient . In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the compensation to be paid the Contractor hereunder shall exceed the expense of so completing the work (including compensation for additional managerial , administrative and inspection services and any damages for delay) , such excess shall be paid to the Contractor. C-22 HOLZMACHER, MCUNOON&MURR" P.C. I H2M CORP. CONSULMO OMMUNG AND INVOMMA49MTAL SCU91M CONTRACT - CONT'U. If such expense shall exceed the unpaid balance, the Contractor and his sureties shall be liable to the Town for such excess . If the right of the Contractor to proceed with the work is so terminated, the Town may take possession of and utilize in completing the work such materials, appliances , supplies , plant and equipment as may be on the site of the work and necessary thereof. If the Town does not so terminate the right of the Contractor to proceed, the Contractor shall continue the work. 34 . CONTRACTOR' S RIGHT TO STOP WORK OR TERMTNATE CONTRACT If the work shall be stopped by order of the Court or any other public authority, for a period of three mouths without act or fault of the Contractor or of any of his agents , servants , em- ployees or subcontractors , the Contractor may, upon ten (10) days notice to . the Town, discontinue his performance of the work and/or terminate the Contract , in which event the liability of the Town to the Contractor shall be determined as provided in the paragraphs immediately preceding, except that the Contractor shall not be obligated to pay to the Town any excess of the expense of completing the work over the unpaid balance of the compensation to be paid to the Contractor hereunder. 35. RESPONSIBILITY OF WORK The Contractor agrees to be responsible .for the entire work embraced in this Contract until its completion and final acceptance, and that any unfaithful or imperfect work that may become damaged from any cause, either by act of commission or omission to properly guard and protect the work that may be dis- covered at any time before. the completion and acceptance shall be removed and replaced by good and satisfactory work without any charge to the Town and that such removal and replacement will be performed immediately on the requirement of the Engineer, notwithstanding the fact that it may have been overlooked by the proper inspector, and partial payment made thereon. It is fully understood by the Contractor that the inspection of the work shall not relieve him of any obligation to do sound and reliable work as herein prescribed, and that any omission to disapprove of any work by the Engineer at or before the time of a partial payment or other estimate shall not be construed to be an acceptance of any defective work. C-23 HOLZMACHER, MCLENDON 6 MURRELL. P.C. / HZM CORP. CONSULTING f7VGINW141 AND ENVIRONMENTAL SCIVOTIO S CONTRACT - CONT'D. 36. USES OF PREMISES AND REMOVAL OF DEBRIS The Contractor expressly undertakes at his own expense; (a) to take every precaution against injury to persons or damages to property ; (b) to store his apparatus , materials , supplies and equip- ment 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 ; or other contractors ; (c) to place upon any of the completed work only such super- imposed loads as are consistent with the safety of that portion of the work; (d) 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 and orderly and workmanlike appearance; (e) before final certificate, to remove all surplus material, temporary structures , plants of any description and debris of any and every nature resulting from his operations and to put the site in a neat and orderly condition . 37. POWER OF THE CONTRACTOR TO ACT IN AN EMERGENCY In case of an emergency which threatens loss or injury to property and/or safety to life, the Contractor will be permitted to act as he sees fit without previous instructions from the En- gineer. He shall notify the Engineer thereof immediately there- after and any compensation claimed by the Contractor due to extra work made necessary because of his acts in such emergency shall be 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 in- structed 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. HOL=MACHER, MCLENDON 6 MURRELL, P.C. I 112M CORP. CONSULTING V4a1NUM AND INVIROMMENTAL SCIENTISTS t CONTRACT - CONT,i). 38. SUITS AT LAW The Contractor shall indemnify and save harmless the Town from and against all suits , claims , demands or actions for any injury sustained or alleged to be sustained by any party or athereof, es in connection with the construction of the work or any pa rt or any commission or omission of the Contractor , tris employees or agents or any subcontractors and in case ally ;;uch action shall be brought against the Town, the Contractor shall immediately take care of and defend the same at his own cost and expense. 31). pROV I S I ONS RE,011I HED BY LAW DEEMED INSERTED Each and every provision of law and clause required by law to be inserted ill this Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein, and, if through mistake or otherwise, any such provision is not inserted or is not correctly inserted , then upon the application of either party , the Contract shall forthwith be physically amended to make such insertion. 40. SUBLETTING SUCCESSOR AND ASSIGNS The Contractor shall not sublet any part of the work under this Contract, nor assign any money due him hereunder without first obtain- ing the written consent of the Town. This Contract shall endure to the benefit of and shall be binding upon the parties hereunder and upon respective hissuccessors interestand hereiniinswhole oriinepartrty shall assignign or without consent of the other. 41 . WAIVER OF IMMUNITY If any person, corporation, or body contracting with the Town, who when called before a grand jury, head of a city department , or other agency, which is empowered to compel the attendance of wit- ness and examine them under oath, to testify in an investigation concerning any transaction or contract had with the state, any polit- ical subdivision thereof, a public authority or with any public department , agency or official of the state or of any political sub- division thereof or of a public authority, refuses t.o sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant question concerning such transaction or contract, then . C-25 HOLMACHER, MdMDON i MLMRELL. p.C. / H2M CORP. CO"YLTING MIN"" AND INVIAONMENTAL $CIENT,m S CONTRACT - CONT'1). (a) such person, and any firm, partnership or corporation of which he is a member, partner, director or officer shall be disqual- ified from thereafter selling to or submitting bids to or receiving awards from or entering into any contracts with any municipal corp- oration or fire district, or any public department , agency or official thereof, for goods , work or services , for a period of five years after such refusal (b) any and all contracts made with the Town or any agency or official thereof, by such person, and by any firm, partnership, or corporation of which he is a member, partner, director or officer may be cancelled or terminated by the Town without incurring any penalty or damages on account of such cancellation or termination, but any movies owing by the municipal corporation for goods delivered or work done prior to the cancellation or termination shall be paid. C-26 HOLZMACHER. MCLENDON 6 MURRELL. P.C. / H2M CORP. CONSULTING CNGINUR$ AND WVIRONMENTAL SCIENTIST'! n CONTRACT — CONT'D. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. TOWN OF SOU LD BY: (TOWN SEAL) pervisor �RAa/c,s u,,QpJ, epuf y LYON AND REBOLi, Wt. (SEAL) Contractor BY: TITLE: 4 ft"'e x �tili.t�E.�X STATE OF NEW YOM ) ) ss: COUNTY OF SUFFOLK ) On the ad �d day of__ (� 198/ , before me personally came , to me known, who being by me duly sworn, did depose and say that he is the 4u4y6-e+ee4Qd Super0isor of the Town of Southold, County of Suffolk, New York, and that at a meeting of the Town Board of the Town of Southold, duly held on the­jLt' day of 4OL-6212 19_'L, the said Board, authorized the said Super- visor to execute all and any contracts on behalf of the Board; that he knows the seal of the said Town, that the Seal affixed to the foregoing instrument is its corporate seal ; that it was affixed thereto by order of the said Board, and that he signed his name thereto and executed the said instrument on behalf of the said Town by like order and authority. NOTARY PUBLIC JL'D!TH T TERRY NOTARY F'J'�-`.. S?r;t:. cf N'ew York Count Commission Expires March 30, C-27 MOLZMACHER, Md ENOON d MURR" R.C. I HZM CORP. CONOULTINO MMMURA AND tM MONMOVAL OCIUMM F, ` CONTRACT - CONT'D. ACKNOWLEMMENT OF CONTRACTOR, IF A CORPORATION STATE OF NEW YORK) ) SS: COUNTY OF On this 44 day of 92e fp d to- 198/ before me personally came and appeared )Og9AICIALL w00414R L to me known, who by me being duly sworn, did depose and say that he resides at 2& Z/Q14,f 8k yOge- jVjA�/D2_)P 0;!rh,eRS01U,/1� �_ that he is the �° ,`P .�it/GI�`n/eerR of 4yo / �1Q�60�C/� Z*g . . the Corporation described in and which executed the foregoing in- strument , that he knows the seal of said corporation, that one of the seals affixed to said instrument is such seal , that it was so affixed by order of the Directors of said corporation, and that he signed his name ,thereto by like order, ''aw York :r} NOTA PUBLIC 63 ACKNOWLEDGMENT OF CONTRACTOR, IF A PARTNERSHIP STATE OF NEW YORK) SS: COUNTY OF ) On this day of 19 before me personally came and appeared , to me known, and known to me to be one of the members of the firm of described in and who executed the foregoing instrument , and lie acknowledged to me that he ex- ecuted the same as and for the act and deed of said form. NOTARY PUBLIC C-28 HOLZMACHER. Md V ON 6 MURRELL. P.C. / HZM CORP. CONSUMNO ENGINEERS AND UMMONMENTAL 900"12" GENERAL CONDITIONS 1. GENERAL CONDITIONS A. The "General Conditions" are hereby made a part of this Specification and are attached herein. B. Where any article of the "General Conditions" is supplemented hereby, the provisions of such article shall remain in effect. All the supplemental provisions shall be considered as added thereto. Where any such article is amended, voided or superseded thereby, the provi- sions of such article not so specifically amended, voided or super- seded shall remain in effect. Work, materials, plant, labor and other requirements of the Gen- eral Conditions shall be furnished by the Contractor. No direct pay- ment shall be made for these General Conditions, and payment shall be deemed to be included in the contract price or various items of the entire contract . 2. CONTRACT DOCUMENTS The Contract Documents include, but are not limited to, the General Conditions, General Specifications, Detailed Specifications, Plans, Proposal Form, Contract and other sections as either cited on the index pages or actually included in the bound documents. Each section of the Contract Documents is intended to be comple- mentary to the other sections. It is intended that they include all items of labor and materials, and everything required and necessary to complete the work, even though some items of work or materials may not be particularly men- tioned in every section or may have been inadvertently omitted from the Drawings or Specifications, or both. 3. APPROVAL OF SUBCONTRACTORS AND MATERIALS 6 1 Prior to commencing any work under this Contract, the Contractor shall submit to the Engineer, for approval, a list of all the sub- contractors and material suppliers he proposes to use for this Con- tract. No subcontractor or material supplier will be permitted to de- liver materials or perform any work on this Contract until he has been approved by the Engineer in writing. GC-1 HOLZMACHER, MCLENDON&MURRELL. P.C. / HZM CORP. ODNsuLnNO EJWINL s ANO fXVIMMMMAL ICIUMM GENERAL CONDITIONS (CONT'D.) 4. INTERPRETATION OF DRAWINGS. ETC. A. In the event of discrepancies between the Drawings and the Specifications, the following order shall be given preference when making interpretations: 1. Addenda (later dates to take precedence over earlier dates) 2. Drawings (schedules or notes to take precedence over other data shown on Drawings) 3. Detailed Specifications 4. General Specifications 5. General Conditions B. On all plans, drawings, etc. , the figure dimensions shall govern in the case of discrepancy between the scales and figures. C. The Contractor shall take no advantage of any error or omission in the Plans, or of any discrepancy between the Plans and Specifications, and the Engineer shall make such corrections and interpretations as may be deemed necessary for the fulfillment of the intent of the Specifications and of the Plans as construed by him, and his decision shall be final. D. All work that may be called for in the Specifications and not shown on the Plans, or shown on the Plans and not called for in the Specifications, shall be furnished and executed by the Contractor as if designated by both. Should any work or material be required 6 which is not denoted in the Plans and Specifications, either directly 1 or indirectly, but which is, nevertheless, necessary for the proper carrying out of the intent thereof, it is understood and agreed that the same is implied and required, and that the Contractor shall per- form such work and furnish such materials as if they were completely delineated and described. 5. ADDITIONAL WORK Additional work, if required to be performed under this Contract, will be in accordance with the applicable paragraphs of the Contract. The Engineer shall be the sole judge as to whether such work was in- tended as part of the Contract or is in addition thereto. r GC-2 HOLZMACHER. McL,ENOON a MURRELL. P.C. / HZM CORP. CONSULTING 0001MURS AND VMWNMORAL •CIENTIaTS GENERAL CONDITIONS (CONY D.) 6. OCCUPATIONAL SAFETY AND HEALTH ACT The Contractor shall meet all standards of the Occupational Safety and Health Act of 1970 and subsequent revision. This shall include, but not be limited to, the following areas: Sanitation, noise, radiation, gases, vapors, fumes, mists, dust, illumination, ventilation, protective equipment, fire protection, waste disposal, electrical hazards, scaffolds and ladders, floor holes and wall openings, and heavy equipment . All specific require- ments of the Act shall be adhered to. 7. SAFETY PROVISIONS The Contractor shall take every precaution and shall provide such equipment and facilities as are necessary or required for the safety of his employees. In case of an accident, first aid shall be administered to any who may be injured in the progress of the work. In addition, the Contractor shall also be prepared for the removal, to the hospital for treatment , of any employee either seriously in- jured or ill. 8. SANITARY REGULATIONS A. In addition to compliance with the Occupational Safety and Health Act, the Contractor shall erect and maintain necessary sani- tary conveniences for the use of employees on the work. Such con- veniences shall be properly secluded from observation, and their use shall be strictly enforced. Such sanitary conveniences shall be constructed in compliance with all laws, ordinances or regulations governing these facilities. The contents of the same shall be re- moved, with sufficient frequency to prevent nuisance, and disposed of to the satisfaction of the Engineer. B. The Contractor shall obey and enforce such other sanitary 6 regulations and orders and shall take such precautions against in- t fectious diseases as may be deemed necessary. In case any infectious diseases occur among his employees, he shall arrange for the immediate removal of the patient from the work and his isolation from all per- sons connected with the work. C. The building of shanties or other structures for housing the men, tools, machinery or supplies will be permitted only at approved places, and the sanitary condition of the grounds in and at such shanties or other structures must , at all times, be maintained in a satisfactory manner. GC-3 HOLZMACHER. McLENDON&MURREU, P.C. / H2M CORP. coNsulnNa VMHUM AND EWWNMUff" sC1ENnsn1 GENERAL CONDITIONS (CONT'D. ) 9. RESPONSIBILITY OF ENGINEER AND CONTRACTOR DURING CONSTRUCTION A. The Engineer is responsible solely for the general and/or detailed inspection of the work being performed. Such inspection will be periodic and strictly to assure conformance of the Contractor with the Plans and Specifications, such that the end product will conform to the Plans and Specifications. B. The Contractor is responsible for complete conformance to the Plans and Specifications, proper construction procedures; co- ordination with subcontractors, other contractors and utilities, and safe working conditions for his employees. 10. LABOR A. All contractors and subcontractors employed upon the work shall and will be required to conform to the Labor Laws of the State of New York and the various acts amendatory and supplementary there- to; and to all other laws, ordinances and legal requirements applicable thereto. B. All labor shall be performed in the best and most workman- like 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. 11. CONTRACTOR' S REPRESENTATIVE The Contractor, in case of his absence from the work, shall have a competent representative or foreman present, who shall follow with- out delay all instructions of the Engineer or his assistants in the prosecution and completion of the work, in conformity with this Con- tract, and shall have full authority to supply labor and material immediately. The Contractor shall also have a competent representa- tive available to receive telephone messages and provide a reasonable 6 reply as soon as possible, but not later than twenty-four (24) hours. 1 GC-4 HOIZMACHER. Md ANDON i MURR" P.C. / H2M CORP. coNiulnma moan mo amll Huaff" sclamM GENERAL CONDITIONS (CONT'D J 12. INCOMPETENT EMPLOYEES The Contractor shall employ only competent, skilled and faithful men to do the work. Upon request of the Engineer in writing, the Con- tractor shall suspend or discharge from the work any disobedient, dis- orderly or incompetent person or persons employed thereon, and will not again employ any person so suspended or discharged without the consent of the Engineer. This requirement shall not be made on the basis of any claim for compensation or damages against the Town or any of its officers or agents. 13. CLAIMS OR PROTESTS If the Contractor considers any work required of him to be out- side the requirements of the Contract, or considers any record or ruling of the Engineers or Inspectors as unfair, he shall ask for written instructions or decisions immediately, and then file a writ- ten protest with the Town against the same within five (5) days thereafter, or be considered as having accepted the record or ruling. 14. NOTIFICATION. INTERFERENCE AND INJURY TO UTILITIES A. The Contractor shall cooperate in every way with the Utility Companies. B. The Utility Companies shall be notified in accordance with Section 1918 of the Penal Law of the State of New York, entitled "Construction or Blasting near Pipes Conveying Combustible Gas$" and with Article 20, Section 322-a of the New York State General Business Law. 6 C. All conduits, water mains and gas mains encountered in the 1 construction shall be properly and safely taken care of by the Con- tractor, who shall, upon encountering same, notify the public corpora- tion to whom they belong, in order that they may be changed in such a manner as not to interfere with the final construction. D. In case any damage shall result to any service pipe for water or gas, or any private or public sewer or conduit by reason of negli- gence on the part of the Contractor, he shall, without delay and at his own expense, repair the same to the satisfaction of the Engineer, and in case such repairs are not made promptly or satisfactorily, the Town may have the repairs made by another Contractor or otherwise, and deduct the cost of same from any monies due or to become due the Con- tractor. GC-5 HOIZMACHER, Md ENDON a MURRELL, P.C. / H2M CORP. OONsuLnNO OmuuRs AND ammmMENTAI 800918T2 ., GENERAL CONDITIONS (CONT'D.) 15. INFRINGEMENT OF PATENTS The Contractor further agrees to hold himself responsible for any claims made against the District for any infringement of patents by the use of patented articles in any one phase of construction of the work and the completion of same, or any process connected with the work agreed to be performed under this Contract , or of any materials used upon the said work and to save harmless and indemnify the Town from all costs, expenses and damages which the Town shall be obliged to pay by reason of any infringement of patents used in the construc- tion and completion of the work. 16. DAMAGES All damage, direct or indirect, of whatever nature resulting from either the performance of, or resulting to the work under, this Con- tract during its progress from whatever cause, shall be borne and sus- tained by the Contractor, and all work shall be solely at his risk until the date of the final certificate. 17. GUARANTEE WARRANTY This Contractor shall guarantee and warrant his work and that of his subcontractors against defects in workmanship and/or material for a period of one (1) year from the date of final certificate by the Engineer except as otherwise specified. Upon written notification from the Engineer, the Contractor shall repair, replace or reconstruct such defects to the satisfaction of the Engineer at no cost to the Town. 18. STANDARDIZATION The DETAILED and General Specifications indicate specific manu- facturers and/or . catalog numbers, etc. , for the purpose of standardiza- tion within the Town in order to minimize stockpiling, of replacement parts. 19. DEFINITIONS 1 The words "or approved equal" as hereinafter used shall refer to the use of an equal product that has received prior approval by the Consulting Engineer for the Town. The word "Engineer" refers to HOLZMACHER, McLENDON & MURRELL, P.C. , Consulting Engineer for the Town of Southold. GC-6 HOLZMACHER. MCLENWN b MURRELL. P.C. / H2M CORP. CON3ULTINO ENGINUM AND UMPONMU"A1. QCIENTS" NERAL CONDITIONS CONT'D. ) 20. CLAIMS ARISING FROM DELAY This Contractor shall not hold the Town, the Engineer or their officers, agents and employees responsible for any liability, claims, losses or damage arising out of the failure to perform, delay, or poor workmanship by another Contractor. Any claim by this Contractor arising out of the failure to perform, delay, or poor workmanship by any other. contractor shall be filed against said other contractor which has failed to perform, caused a delay or utilized poor workmanship. GC-7 HOLZMACHER,McLENDON i MURRELL,P.C./H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS GENERAL SPECIFICATIONS Ar I THE ITEMS HEREIN REFERRED TO ARE THE ITEMS OF THE SUFFOLK COUNTY DEPARTMENT OF PUBLIC WORKS SPECIFICA— TIONS ADOPTED NOVEMBER 1, 1968 AS AMENDED. THESE SPECIFICATIONS SHALL BE INCORPORATED BY REFERENCE AND SHALL APPLY AS IF DETAILED IN FULL, UNLESS HEREIN MODIFIED. f 1 GS-1 HOLZMACHER,McLENDON&MURRELL,P.C.I H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS GENERAL SPECIFICATTONS (CONT'D. ) GENERAL REQUIREMENTS The successful bidder shall apply on the project asphaltic concrete of an approved quality which shall meet the requirements shown under its respective item for the kind of material furnished. For any item, the material furnished shall show uniform test . QUANTITIES OF BITUMINOUS MATERIALS The Contractor must furnish to the Engineer a certified copy of the weiqhts of the asphaltic concrete materials which he receives and applies under this Contract . CONSTRUCTION The successful bidder shall apply the asphalt concrete on the pro- ject in accordance with the materials and construction details for the respective items in the Suffolk County Department of Public Works Speci- fications, except as may be modified in the Technical Specifications of this Contract. MEASUREMENT AND PAYMENT The price bid shall be full compensation for receiving applying and rolling, and shall also include materials, labor, equip- ment and incidentals necessary to complete the work satisfactorily. GS-2 HOLZMACHER. MGLENDON&MURRELL. P.C. / HZM CORP. CONSULTING ENGINEERA ANO ENVIRONMENTAL SCIENTISTS TECHNICAL SPECIFICATIONS r HOLZMACHER, MCLENDON b MURRELL. P.C. / H2M CORP. CONSULTING ENGINEERS ANO ENVIRONMENTAL SCIENTISTS ITEM 51 F - PLACE ASPHALT CONCRETE TYPE lA (TWO-COURSE) 1.0 - SCOPE Under this item the Contractor shall unload from supply trucks and place binder course and wearing course asphalt concrete on New Suffolk Avenue and certain intersecting side streets, generally bet- ween Camp Mineola Road and Meadow Lane, as directed by and to the approval of the Engineer. 1. 1 - MATERIALS The asphaltic concrete materials shall be top course asphalt concrete type 1A, and binder course asphalt concrete, as specified under Item 51 F, "Asphalt Concrete Type 1A, (Two Courses) " , in the Suffolk County Department of Public Works Specifications of November 1 , 1968 as amended. 1.2 - CONSTRUCTION DETAIL Under this Contract the Contractor shall place bituminous concrete Type lA in order to construct an asphalt concrete binder and top course having a material thickness of 2� inches after compaction (1� inches of binder course and 1 inch of top course) . A typical roadway section is included on Page TRS-1 of this Specification. 1. 3 - METHOD OF CONSTRUCTION The method of construction shall be in accordance with the Suffolk County Department of Public Works Specification of 1968 as amended, "MATERIALS AND CONSTRUCTION DETAILS FOR ITEM 51 F, ASPHALT TYPE 1A. " It shall conform to all applicable requirements described under "BITUMINOUS PAVING CONSTRUCTION, PART II, SECTION 8" of the Suffolk County Department of Public Works Specifications of 1968, as. amended. Work under this Contract shall include furnishing an acceptable self-propelled paving machine which shall be capable of recieving the asphalt concrete materials from the bed of the material supplier' s truck, paving, and propelling the supplier's truck, in one single process. This Contractor is solely responsible for unloading the asphalt material from the supplier's trucks and constructing a finished, rolled, and compacted roadway surface to the line, grade and thickness shown on the typical roadway section (Page TRS-1) and as ordered by the Engineer. TS-1 WXZMACHER, MCLENDON 6 MURRELL, P.C. / M2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS c ITEM 51 F - PLACE ASPHALT CONCRETE TYPE lA (TWO-COURSE) - CONT'D. 1. 4 - COORDINATION The bituminous concrete roadway surface shall be constructed when and as directed by and to the approval of the Engineer; the construc- tion of the bituminous concrete roadway shall be coordinated with the work being done by others on the project site. The work under this contract shall be intimately coordinated with the work of the Contractor which is manufacturing and delivering the asphalt concrete materials to the project site. The Contractor shall provide a paving schedule to the Engineer and Supply Contractor, ,no less than 48 hours in advance of each day on which he intends to pave. This Contractor will be solely responsible for damages incurred to himself or others if he is unable to reasonably maintain his schedule. It is the intent of this 48 hour notice to insure a continuous paving operation, and minimize lay over of supplier vehicles at the job site. Asphalt concrete material which arrives at the job site on schedule, and at proper paving temperature, shall become the responsibility of this Contractor. 1.5 - METHOD OF MEASUREMENT The quantity to be paid for under this. Item shall be the number of tons of material placed and compacted in accordance with the Speci- fication, and as ordered by and to the approval of the Engineer. The quantity shall be measured using the certified weight of each load supplied to the site. Where under a fraction of a load is placed, the Engineer will determine what fraction of the load was placed, and adjust the certified weight accordingly. 1.6 - BASIS OF PAYMENT The unit price bid per ton for this item shall include the cost of furnishing all labor, materials, and equipment necessary to complete the work, including unloading, placing and rolling of the asphalt concrete. TS-2 HOLZMACHER, McLEND©N&MURRELL, P.C. / H2M CORP. CONSULTING ENGINURS AND ENVIRONMENTAL SCIENTISTS f ITEM 51 Y - PLACE ASPHALT CONCRETE SHOULDER PAVEMENT 2.0 - SCOPE Under this item the Contractor shall unload from supply trucks and place shoulder asphalt concrete on New Suffolk Avenue and certain intersecting side streets, generally between Camp Mineola Road and Meadow Lane, as directed by and to the approval of the Engineer. 2. 1 - MATERIALS The asphaltic concrete materials shall be shoulder course asphalt concrete, as specified under Item 51 Y, "ASPHALT CONCRETE FOR SHOULDERS" in the Suffolk County Department of Public Works Specifications of November 1, 1968 as amended. 2.2 - CONSTRUCTION DETAIL Under this Contract the Contractor shall place bituminous concrete in order to construct an asphalt concrete shoulder course having a material thickness of 3 inches after compaction . A typical roadway section is included on Page TRS-1 of this Specification. • 2.3 - METHOD OF CONSTRUCTION The method of construction shall be in accordance with the Suffolk County Department of Public Works Specifications of 1968 as amended, "MATERIALS AND CONSTRUCTION DETAILS FOR ITEM 51 Y, ASPHALT CONCRETE FOR SHOULDERS. " It shall conform to all applicable requirements described under "BITUMINOUS PAVING CONSTRUCTION, PART II, SECTION 8" of the Suf- folk County Department of Public Works Specifications of 1968, as amended. Work under this Contract shall include furnishing an acceptableself propelled paving machine which shall be capable of recieving the asphalt concrete materials from the bed of the material supplier's truck, paving, and propelling the supplier's truck, in one single process. This Contractor is solely responsible for unloading the asphalt material from the supplier' s trucks and constructing a finished rolled, and compacted shoulder to the line, grade and thickness shown on the typical roadway section (Page TRS-1) and as ordered by the Engineer. 2.4 - COORDINATION The bituminous concrete shoulders shall be constructed when and as directed by and to the approval of the Engineer; the construction TS-3 HMZMACHER, McLENQON &MURRELL, P.C. / H2M CORP. CONSULTING ENQINURII AND ENVIRONMENTAL WADNTISTt ITEM 51 Y — PLACE ASPHALT CONCRETE SHOULDER PAVEMENT — CONT'D. of the bituminbus concrete shoulder shall be coordinated with the work being done by others on the project site. The work under this contract shall be intimately coordinated with the work of the Contractor which is manufacturing and delivering the asphalt concrete materials to the project site. The Contractor shall provide a paving schedule to the Engineer and supply contractor no less than 48 hours in advance of each day on which he intends to pave. This Contractor will be solely responsible for damages incurred to- himself or others if he is unable to reasonably maintain his schedule. It is the intent of this 48 hour notice to insure a continuous paving operation, and minimize lay over of supplier vehicles at the job site. Asphalt concrete material which arrives at the job site on schedule, and at proper paving temperature, shall become the responsibility of this Contractor. 2.5 - METHOD OF MEASUREMENT The quantity to be paid for under this Contract shall be the number of tons of material placed and compacted in accordance with this Speci- fication, and as ordered by and to the approval of the Engineer. The quantity shall be measured using the certified weight of each load supplied to the site. Where only a fraction of a load is placed, the Engineer will determine what fraction of the load was placed, and adjust the certified weight accordingly. 2.6 - BASIS OF PAYMENT The unit price bid per ton for this item shall include the cost of furnishing all labor, materials, and equipment necessary to complete the work, including unloading, placing, rolling and compacting of the asphalt concrete. TS-4 4 > r J� � • •Theon-¢�'ica/ �r-a�¢ �j 6" o fcls '•�%f ONy N r �m z� m zn _r H z mo IA D Z 4e m z <C O m r zr ry vi A i� zX N ch j;. i:TXf".yfi; •,y,¢m. "1:?•�??' :;??;Yni:`.C�: /.. x`+' +;fi::�l1: `� ';fi:•T>:-- 'ri.>,•w•+;•.-��••i - tttr.TT:-'•f•'/. u,;tr"•>::::: � i ': 'kyr f!/-..:`. `.I•":; 'S Y N•,• 1 3 ..:..v. r. ::. ��nF�'l��l,%��`/.l`�r.+�f:Y�� .f M'�ii:::4Ji:iR:M.• [+ - >r/ �r +�f!� }�N���kN� ::.....v: A /"100 <ov�'se as asvh�,'f co 1 /,4- jf����F fh�s contract) (this contract) •.:..:.. r- .n .,..M1..y.: rn.• +r% .!..: "t:..: ,iwiff:;%T;:il.•T:�+sv;.w'l:- ,t;.y�;i.>i�`I-�%i:'f.•;••;; >;r . ::.l.r: Ap 3"�4sofx�/tic' cv.-�c�ct�' for'shvv/o'�rs - Ifc� .5/Y �fhis contact) tip u�o e�9e oores/der,to 6e fi4»d cornlooacas r�eQu1red;IteM 51Y('ef,a cootf wee TYPICAL ROADWAY SECTION HOLZMACHER,McLENQON i MURRELL,P.C.!H2M CORP. CONSULTING ENGINEERS AND ENVIRONMENTAL SCIENTISTS LOCATION MAP SOUTHOLD TOWN HALL r' so 44 lop Go, PROJECT' \gyp LOCATION LM-1 H O LZMAC H E R,Mc LE N D O N and M U R RE LL,P.C. \ } Consulting Engineers. Environmental Scientists and Planners Melville.N.Y. Farmingdale,N.Y. my @e¢N.Y. ©