TITLE PAGE

A - NOTICE TO BIDDERS (ADVERTISEMENT) 1 PROJECT, TIME & PLACE A-1 Bid Fee A-2 Bid Bond A-3 Location of Documents A-4 Federal Equal Opp. and Labor Standards A-5 Note BI - INSTRUCTIONS TO BIDDERS

BI-6 Project Identification 2 BI-7 Bid Documents 2 BI-8 Form 2 BI-9 Delivery of Proposals 2 BI-10 Bid Bond Deposit 2 BI-11 Fee for Bid Documents 3 BI-12 Qualifications of Bidders 3 BI-13 Examination of Bid Documents and Familiarity of Site 3 BI-14 Interpretation of Documents 3 BI-15 Addendum 3 BI-16 Modifications 3 BI-17 Corrections 4 BI-18 Withdrawals 4 BI-19 Contractor’s Work Capability 4 BI-20 Multiple Proposals 4 BI-21 Collusive Agreements 4 BI-22 Performance Bond and Labor and Materials Bond 4 BI-23 Agreement 4 BI-24 Guarantee (See TF-10) 5 BI-25 Note 5

GC - GENERAL CONDITIONS GC-31 Definitions 6, 7 GC-32 Materials and Workmanship 7, 8 GC-33 Inspection and Testing of Materials 8 GC-34 “Or Equal” Clause 9 GC-35 Changes in Work 9 GC-36 Claims for Extra Cost 9 GC-37 Suspension of Work 10 GC-38 Right of the Owner to Terminate & Liquidated Damages 10 GC-39 Extension of Time: No Waiver 11 GC-40 Protection of Work and Property 11 GC-41 Power of Contractor to Act in an Emergency 11 GC-42 Engineer Authority 11 GC-43 Commence of Work (See TF-9) 12 GC-44 Surveys and Permits 12 GC-45 Drawings, Specifications and Related Data 12, 13 GC-46 Uses of Premises 14 GC-47 Security 14 Rev. 01/2016

TITLE PAGE GC-48 Removal of Debris 14 GC-49 Partial Completion and Acceptance 14 GC-50 Certificate of Completion (TF-11) 15 GC-51 Compensation to be Paid to Contractor1 5 GC-52 Separate Contracts 15 GC-53 Mutual Responsibility of Contractors 15 GC-54 Construction Schedule and Periodical Estimates 16 GC-55 Payments to Contractors 16, 17 GC-56 Assignments 17 GC-57 Subcontracting - Work By Others 17, 18 GC-58 Superintendence By Contractor 18 GC-59 Additional Instructions and Detail Drawings 18 GC-60 Stated Allowances 18 GC-61 Maintenance Bond 19 GC-62 Communications 19 GC-63 Live Utilities 19 GC-64 Other Prohibited Interests 20 GC-65 Risk of Loss 20 GC-66 Laws, Ordinances and Regulations 21 GC-67 Insurances & Indemnity 21, 22, 23 GC-68 Labor, Wages and Equal Employment 23, 24, 25 GC-69 Affirmative Action Clause for the Physically and Mentally Handicapped 26 GC-70 Standard Federal Equal Employment Opportunity Construction Contract 27, 28, 29 Specifications (Executive Order 11246) 30 GC-71 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246) 31 GC-72 Affirmative Action Clause for Covered Veteran 32, 33 GC-73 Equal Opportunity Clause for Females and Minorities (Construction) 34 GC-74 Sales Tax 35 TF - TOWN FORMS TF-1 Proposal TF-1-A Bidder Acknowledgement TF-1-B Disclosure Statement TF-2 Qualification Statement TF-3 Non-Collusive Bidding Certificate TF-4 Bid Bond TF-5 Notice of Award TF-6 Performance Bond TF-7 Labor and Material Payment Bond TF-8 Agreement TF-9 Notice to Proceed TF-10 Maintenance Bond TF-11 Signature page TF-12 Certificate of Completion TF-13 W-9 Taxpayer Identification Number and Certification TF-14 Apprenticeship Training Requirements TF-15 Labor and Materials Payment Affidavit

TABLE OF CONTENTS

LAURA A. GILLEN Supervisor

Council Members

DOROTHY L. GOOSBY EDWARD A. AMBROSINO

BRUCE A. BLAKEMAN ERIN KING SWEENEY

ANTHONY P. D’ESPOSITO DENNIS DUNNE, JR.

SYLVIA A. CABANA

Town Clerk

DONALD X. CLAVIN, JR Receiver of Taxes

Town of Hempstead Department

Of General Services

350 FRONT STREET, HEMPSTEAD, N.Y. 11550-4037 (516) 489-5000 • FAX# (516) 489-0794

GERALD C. MARINO Commissioner

ANDREW MASTROMARINO Deputy Commissioner ANTHONY LoBELLO

Deputy Commissioner Felice Guarnieri

Deputy Commissioner

A - NOTICE TO BIDDERS

SEALED PROPOSALS WILL BE RECEIVED by the Commissioner of General Services, c/o Division

of Public Works, Town of Hempstead, Town Hall, Room 222, 350 Front St., Hempstead, New York,

until 11:00 A.M. prevailing time on _________________________at which time they shall be publicly

opened and read aloud and the contract awarded as soon thereafter as may be practicable for:

A - 1 A fee of $________________________________(Check only) will be required for all bidders for

a copy of the Proposed Contract Documents.

A - 2 Each proposal must be accompanied by a Certified Check or Bid Bond payable to the Town of

Hempstead for not less than 5% of the estimated amount of the bid.

A - 3 Bid documents may be OBTAINED IN PERSON ONLY AT THE OFFICE OF THE COMMIS-

SIONER OF GENERAL SERVICES, c/o DIVISION OF PUBLIC WORKS, TOWN HALL, ROOM 211,

HEMPSTEAD, N.Y. AND MAY BE SEEN AT THE SAME OFFICE.

A - 4 Federal Equal Opportunity and Labor Standards are applicable for all work performed under this

contract.

________________________________________________________________________________

A - 5 The Town of Hempstead reserves the right to reject any or all bids.

Dated: _____________________ HEMPSTEAD, NEW YORK LAURA A. GILLEN Supervisor SYLVIA A. CABANA GERALD C. MARINO Town Clerk Commissioner Department of General Services

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BI - INSTRUCTIONS TO BIDDERS BI - 6 PROJECT IDENTIFICATION These instructions are relative to Town of Hempstead Public Works Project: _________________________________________________________________________________________________ BI - 7 BID DOCUMENTS A. Notice to Bidders (Advertisement) B. Instructions to Bidders C. General Conditions D. Special Conditions (When applicable) E. Specifications F. Drawings G. Modifications (When applicable) H. Addenda (When applicable) I. Proposal (TF-1) J. Qualifications of Bidder (TF-2) K. Bid Bond (TF-4) L. Agreement Form (TF-8) M. Non-Collusion Affidavit (TF-3) Failure to comply with any of the following instructions shall constitute cause for which the bid may be rejected. BI - 8 FORM

Each proposal shall be made on the “Proposal Form” (See TF-1) attached hereto and shall remain attached hereto as one of the bid documents and shall be submitted in a sealed envelope bearing the title of the work and the name of the bidder. The proposal shall include a sum to cover the cost of all items included in the bid documents and shall be identified by the name of the person, firm or corporation, with the authorized signature thereto.

BI - 9 DELIVERY OF PROPOSALS

Proposals shall be delivered by the time and to the place stipulated in the advertisement. It is the sole responsibility of the bidder to see that his proposal is received in the proper time. Any proposal received after the scheduled closing time for receipt of proposals shall be returned to the bidder unopened.

BI - 10 BID BOND (SEE TF-4)

Each proposal must be accompanied by a certified check or bid bond payable to the Owner for not less than 5% of the amount of the bid. All such checks, except those of the three lowest bidders will be returned as soon as practicable after bid opening. Checks of the three lowest bidders will be returned as soon as practicable after signing of the Contract, but the Owner shall not retain them more than sixty (60) days after opening of bids, except by mutual agreement.

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BI – 11 FEES FOR BID DOCUMENTS

Fees for bid documents will be returnable to non-bidders until 4:00 P.M. of the day before the bid opening, provided plans and specifications have been returned in good condition. In cases of re-bids on the same project, original bidders will not be charged an extra fee for bid documents.

BI - 12 QUALIFICATIONS OF BIDDERS

Bidder’s Qualification Statement is required. The form attached hereto (See TF-2) indicates essentially all information required. Each Bidder is responsible for assuring that (his/her) current organizational and financial status as of the date of (his/her) proposal Qualification Statement is on file with the Department of General Services, Town of Hempstead, or (he/she) shall provide a current certificate with his proposal, which will become a part of the Contract documents. Certificates received by the Department of General Services with the proposal will be filed as the current certificate of qualification. If a certificate is on file for less than one year, Addenda thereto will be acceptable for updating such certificate. Certificates that are on file for one year or more shall be declared obsolete and must be renewed.

BI - 13 EXAMINATIONS OF BID DOCUMENTS AND FAMILIARITY OF SITE

Before submitting a proposal all bidders shall carefully examine the drawings, specifications and other bid documents, shall visit the site of the proposed work, and shall become fully informed of conditions and limitations associated with fulfilling the requirements of the Contract. No plea of ignorance or misunderstanding of conditions that exist or that may hereafter exist, or of conditions or difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary examinations and investigations as may be expected of a reasonably prudent bidder, will be accepted as an excuse for any failure or omission on the part of a Contractor to fulfill in every detail all of the requirements of the bid documents, or will be accepted as a basis for any claims whatsoever for extra compensation, or for an extension of time.

BI - 14 INTERPRETATIONS OF DOCUMENTS

If any prospective bidder is in doubt as to the true meaning of any of the bid documents or finds discrepancies therein or omissions there from, he may submit to the Commissioner of General Services written request for an interpretation thereof. The requester is responsible for timely communication. Any interpretation or correction of the documents will be made only by addendum duly issued, and a copy of the addendum will be mailed by Certified Mail (Return Receipt), or delivered to each person receiving a set of the bid documents. Neither the Owner, the Commissioner of General Services, nor the Engineer will be responsible for any other explanations or interpretation of these bid documents.

BI - 15 ADDENDUM

Any addendum issued during the time of bidding, or forming a part of the bid documents for preparation of proposals, shall be covered in the proposal, and shall be made a part of the proposal. Receipt of each addendum shall be acknowledged in the proposal by entering the title, date, and signature of person signing the proposal.

BI - 16 MODIFICATIONS

Proposals shall not contain any recapitulation of the work to be done. Modifications, exceptions or oral proposals will not be considered.

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BI - 17 CORRECTIONS

Erasures or other corrections in the bid proposal must be initialed by the person signing the bid proposal.

BI - 18 WITHDRAWAL

Any bidder may withdraw (his/her) proposal, either personally or by telegraphic or written request, (if such request is received by the Commissioner of General Services) at any time prior to 1 minute before the scheduled closing time for receipt of proposals. If a contract is not awarded within 45 days after opening of the bids, all bidders may withdraw their proposals by written notice.

BI - 19 CONTRACTOR’S WORK CAPABILITY

The bidder, firm or corporation must be capable of performing the work required in the Contract and shall perform a substantial portion thereof with his own resources.

Before executing any subcontract, the successful bidder shall submit the name and qualifications of any proposed subcontractor for prior approval by the Commissioner of Public Works. (GC-57).

BI - 20 MULTIPLE PROPOSALS

No person, firm or corporation shall be allowed to make more than one proposal for the same work, unless alternate proposals are called for. A person, firm or corporation who has submitted a proposal to a bidder, or who has quoted prices on materials to a bidder, is not hereby disqualified from submitting a proposal or quoting prices to other bidders.

BI - 21 COLLUSIVE AGREEMENTS

Each bidder submitting a bid to the Owner for any portion of the work contemplated by the bid documents on which bidding is based shall execute and attach thereto an affidavit substantially in the form herein provided, to the effect that he has not colluded with any other person, firm, or corporation in regard to any bid submitted. (See TF-3)

BI - 22 PERFORMANCE BOND & LABOR & MATERIALS BOND

The successful bidder, simultaneously with the execution of the Contract will be required to furnish a faithful performance bond in an amount not less than one hundred percent (100%) of the Contract amount and a labor and materials payment bond (for payment of all persons performing labor of furnishing materials in connection therewith) for not less than one hundred percent (100%) of the Contract amount. Said bonds to be issued by a Surety Company acceptable to the Owner or securities approved by the Owner and in a form satisfactory to the Owner and covering all points in this agreement, bearing the date herewith and forming part of this Contract. All bonds shall be issued by a Surety Company listed as a New York State Admitted Surety Company. (See TF-6 & TF-7)

BI - 23 AGREEMENT

The bidder whose proposal has been accepted will be required to appear at the Office of the Town Attorney with required executed Surety Company bonds & insurance coverage; and execute the Contract within ten (10) days from the date of the service of a notice (See TF-5) delivered to him in person or mailed to the address given in the proposal, that the Contract has been awarded to him. In case of failure to execute the contract (including the required bonds and insurance) within the time stated, the bidder shall be deemed to have abandoned the Contract, and the amount of the bid deposit made by the bidder will be forfeited and retained by the Owner as liquidated damages. The Agreement Form is attached. (See TF-8)

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BI - 24 GUARANTEE (SEE TF-10)

The successful bidder will be required to guarantee the work for a period of one year from the date of final acceptance, against any and all omissions and defects, which may develop or require attention as a result of his/her performance of the Contract.

BI - 25 NOTE

The Town Board reserves the right to reject any and all bids and to waive any informality in the bids received, and to accept the bid most favorable to the interest of the Owner, after all bids have been examined and checked.

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GC - GENERAL CONDITIONS

GC - 31 DEFINITIONS A. CONTRACT DOCUMENTS 1. Notice to Bidders (Advertisement) 2. Instructions to Bidders 3. General Conditions 4. Special Conditions (When applicable) 5. Specifications 6. Drawings - See GC-45 7. Modifications 8. Addenda 9. Proposal (TF-1) 10. Agreement (TF-8) 11. Performance Bond (TF-6) 12. Labor and Material Bond (TF-7) 13. Non-Collusion Affidavit of Prime Bidder (TF-3) 14. Insurance Policies 15. Maintenance Bond (TF-10) 16. Qualifications of Bidder (TF-2) 17. Notice of Award (TF-5) 18. Notice to Proceed (TF-9) B. ENGINEER: is the Engineer named in the Contract Documents or his representative duly authorized in writing to act for the Owner. C. OWNER: is Town of Hempstead, New York.

_________________________________________________________________________________________________

D. CONTRACTOR is the Contractor named in the Contract Documents. E. SUBCONTRACTOR is any person, firm or corporation with a direct contract with the Contractor who acts for or in behalf of the Contractor in executing any part of the Contract, but does not include one who merely furnishes material. F. PROPOSAL: The offer of a Bidder to perform the work described by the Bid Documents when made out and submitted on the prescribed Proposal Form, properly signed and guaranteed. G. PROPOSAL GUARANTY: The certified check or Bidder’s bond accompanying the Proposal submitted by the Bidder, as a guaranty that the Bidder will enter into a Contract with the Owner for the construction of the work, if the Contract is awarded to him.

H. CONTRACT is the agreement covering the performance of the work described in the Contract Documents including all supplemental agreements thereto. I. SURETY is the person, firm or corporation who executes the Contractor’s Bonds.

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J. SPECIFICATIONS shall mean the Legal and Procedural Documents, General Conditions, together with the modifications thereof, the worded details on drawings, specifications and all addenda thereto. K. WRITTEN NOTICE: Written notice shall be considered as served when delivered in person or sent by registered mail to the individual, firm or corporation at the last business address of such known to him who serves the notice.

a. Change of Address: It shall be the duty of each party to advise the other parties to the Contract as to any change in his business address until completion of all Contract obligations.

L. ACT OF GOD means an earthquake, flood, cyclone or other cataclysmic phenomenon of nature. Rain, wind or other natural phenomenon of normal intensity for the locality shall not be construed as an Act of God. M. WORK: The term “Work” as used herein, refers to work at the site of the project, that is normally done at the locations of the project, and includes all plant, labor, materials, supplies, equipment and other facilities and things necessary or proper for, or incidental to, the carrying out and completion of this Contract. N. ESTIMATED AMOUNT: The estimated unit quantities as compiled and shown on the Proposal sheet are subject to field determination and measure, and may either be more or less than the estimated amount. The amounts to be paid for shall be an amount computed by multiplying the prices bid for each unit by the number of actual units used or installed, as certified by the Engineer.

GC – 32 MATERIALS AND WORKMANSHIP A. MATERIALS FURNISHED BY THE CONTRACTOR: All materials used in the work shall meet the requirements of the respective Specifications. All materials not specifically indicated to be furnished to the Contractor should be furnished by the Contractor. B. STORAGE OF MATERIALS: Materials shall be so stored as to insure the preservation of their quality and fitness for the work. When considered necessary, they shall be placed on wooden platforms or other hard, clean surfaces and not on the ground. They shall be placed under secure cover at locations approved by the Engineer. Stored materials shall be located so as to facilitate prompt inspection. Said materials and damages resulting there from shall at all times be the responsibility of the Contractor. Private property shall not be used for storage purposes without the written permission of said property owner. C. CHARACTER OF WORKMEN: The Contractor shall at all times be responsible for the conduct and discipline of his employees and/or any subcontractor or persons employed by subcontractors. All workmen must have sufficient knowledge, skill, and experience to perform properly the work assigned to them. D. REJECTED WORK AND MATERIALS: All materials, which do not conform to the requirements of the Contract documents, or are not equal to samples approved by the Engineer, or are in any way unsatisfactory or unsuited to the purpose for which they are intended, shall be rejected. Any defective work whether the result of poor workmanship, use of defective materials, damage through carelessness or any other cause shall be removed within ten (10) days after written notice is given by the Engineer, and the work shall be re-executed by the Contractor. The fact that the Engineer may have previously overlooked such defective work shall not constitute an acceptance of any part of it. Should the Contractor fail to remove rejected work or materials within ten (10) days after written notice to do so, the Owner may remove them and may store the materials, all at the Contractor’s expense.

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E. CORRECTION OF WORK: All work, all materials, whether incorporated in the work or not, all processes of manufacture, and all methods of construction shall be at all times and places subject to the inspection and approval of the Engineer. Should they fail to meet the Engineer’s approval, they shall be forthwith reconstructed, made good, replaced and/or corrected, as the case may be, by the Contractor at his own expense. The Commissioner of General Services shall be the final judge of the quality and suitability of the work, materials, processes and methods of construction for the purposes for which they are used. If, in the opinion of the Engineer, it is undesirable 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 Commissioner of General Services shall be equitable. F. CONTRACTOR’S PERFORMANCE: The Contractor shall provide and pay for all materials, communications, Engineer’s office, fees, labor, tool, permits, equipment, water, light, power, transportation, superintendence, surveying and stakeout, special insurance, utility inspector, flagman conductor, temporary construction of every nature, and all other services such as signs, barricades, specialty personnel, security, watchmen and sanitary facilities and other facilities of every nature whatsoever necessary to execute, complete and deliver the work according to the Contract Documents. Any work necessary to be performed after regular working hours, on Sundays, or legal holidays, shall be performed without additional expense to the Owner and with the approval of the Engineer. G. CUTTING AND PATCHING: The Contractor shall do all necessary cutting and patching of the work that may be required to properly receive the work of the various trades or as required by the Drawings and Specifications to complete the structure. He shall restore all such cut or patched work as directed by the Engineer. Cutting of existing structure that shall endanger the work, adjacent property, workmen or the public shall not be done unless approved by the Engineer and under his direction.

H. CLEANING UP: The Contractor shall remove from the Owner’s property, and from all public and private property, all temporary structures, rubbish, waste materials resulting from his operation or caused by his employees, and shall remove all surplus materials leaving the site smooth, safe and clean, as approved and directed by the Engineer.

GC – 33 INSPECTION AND TESTING OF MATERIALS

All materials, equipment and workmanship (if not otherwise designated by the Specifications) may be subject to inspection, examination and testing by the Engineer and other representatives of the Owner, at any and all such times during manufacture and/or construction are carried on. Further and more specific clauses on the inspection and testing of materials are included in the Detailed Specifications.

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GC – 34 “OR EQUAL” CLAUSE

Whenever a material, article or piece of equipment is identified on the plans or in the specifications by reference to manufacturers’ or vendors’ names, trade names, catalogue numbers, etc., it is intended merely to establish a minimum standard; and, any material, article, or equipment of other manufacturers and vendors which will perform adequately the duties imposed by the general design will be considered equally acceptable provided the material, article, or equipment so proposed, is, in the opinion of the Engineer, of equal substance and function. It shall not be purchased or installed by the Contractor without the Engineer’s written approval.

GC – 35 CHANGES IN WORK The Town reserves the right to make changes in the Plans and Specifications or to increase or decrease the amount or quantity of the work at any time, before or after construction has commenced. Except as hereinafter provided, no such change shall be binding upon the Contractor nor require the payment of additional compensation to the Contractor, unless it has been made in writing and signed by the Engineer. Except as hereinafter provided, no oral agreement, conversation, or understanding between the Contractor and the Engineer, or any Inspector before or after the execution of the Contract shall affect or modify any of the terms or obligations of the Contract Documents or excuse the performance of any work in any manner contrary to the terms of the Contract Documents. A. UNIT PRICE: The Contractor shall, however, obey any oral instructions of the Engineer, which require no more than a change in the location, line, or grade of pipes, manholes, or other appurtenances, or an increase or decrease in the quantities of those items, which are covered by the unit prices in the Proposal. For any work performed by the Contractor pursuant to such oral instructions, payment will be made under the unit prices applicable to the work actually done and in accordance with the actual amount of such work done. If such oral instructions decrease the quantities or amount of work, no payments will be made to the Contractor to compensate for any loss of anticipated profit on the work omitted. B. LUMP SUM: All changes, as determined by the Engineer, shall be by properly executed “Change Order.” For desired changes the Owner shall request the Contractor to submit a written Proposal for the specific work. After reviewing the Proposal, and accepting same as reasonable, the Owner shall issue to the Contractor an approved written Change Order accepting the Contractor’s Proposal which then becomes an amendment to and a part of the Contract Documents.

GC – 36 CLAIMS FOR EXTRA COST

If the Contractor claims that any instructions by drawings or otherwise, involve extra cost or an extension of time, he shall so notify the Engineer in writing within the (10) days after the receipt of such instructions, and in any event, before proceeding to execute the work. Thereafter, the procedure shall be same as that described in GC - 35.

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GC – 37 SUSPENSION OF WORK

The Engineer shall have the authority to suspend the work, wholly or in part, for such period or periods, as he may deem necessary, due to unsuitable weather, or such conditions as are considered unfavorable for prosecution of the work, or failure on the part of the Contractor to carry out the provisions of the Contract or to supply materials meeting requirements of the Specifications, or as directed by the Owner. The Contractor shall not suspend operation without the Engineer’s permission.

GC – 38 RIGHT OF THE OWNER TO TERMINATE & LIQUIDATE DAMAGES a) If the Owner shall be of the opinion that the work or any part thereof is unnecessarily delayed, or that the

Contractor is willfully violating any of the conditions or covenants of this Contract, or is executing the same in bad faith, or, if the work be not fully completed within the time mentioned in this Contract for its completion, then the Owner shall have the right to notify the Contractor to discontinue all work or any part thereof under this Contract. A written notice shall be served upon the Contractor either personally or by leaving said notice at the Contractor’s residence or with his agent in charge of the work, and by certified mail upon the Surety. The Contractor shall discontinue said work or such part thereof and the Owner shall have the right to call upon the Surety to complete the Contract, or the Owner may complete the Contract, or such part thereof, and use such materials, equipment and tools for the completion of the same, and to charge the total expenses incurred to the Contractor. In case of such discontinuance of the employment of the Contractor, he shall not be entitled to receive any further payment under this Contract until the said work shall be wholly finished. If the unpaid balance of the amount to be paid under this Contract shall exceed the expense incurred by the Owner in finishing the work, such excess shall be paid by the Owner to the Contractor, and if such expense shall exceed such unpaid balance, the Contractor or his Surety shall pay the difference to the Owner. The Contractor shall have no claim for damages or otherwise whatsoever against the Owner by reason of any exercise of the right granted by this section, and this provision shall be a complete defense to any action or proceeding which may be instituted by the Contractor against the Owner arising out of or based upon any exercise by the Owner of the right hereby granted. If the right of the Contractor to proceed with the work is so terminated, the Owner may take possession of and utilize in completing the work such materials, appliances, supplies, plant and equipment as may be on the site of the work. None of the above may be removed by anyone without the consent of the Owner.

b) Any assignment for benefit of creditors or voluntary or involuntary bankruptcy proceedings against the Contractor

shall constitute a default of the Contract and the Owner may call upon the Surety to complete the Contract in accordance with its performance and labor and materials bond.

LIQUIDATED DAMAGES In case the Contractor shall have failed to complete the work hereunder in accordance with the Plans and Specifications of this Contract to the full and complete satisfaction of the Engineer and the Owner, and where the Contractor has been so notified in writing by the Owner, the Contractor shall pay to the Owner the sum of $_______ for each calendar day thereafter (excluding Sundays and Legal Holidays) that the said work shall remain so unfinished. Which said sum, in view of the difficulty of ascertaining the loss and expense which the Owner will suffer by reason of delays in the performance of the work hereunder, is hereby agreed upon, fixed and determined by the parties hereto as the liquidated damages that the Owner will suffer by reason of such failures and default and not as a penalty, unless such failure shall have been caused by some act or omission on the part of said Owner or for some other reason entirely beyond the control of the Contractor. The Owner shall have the right and is hereby authorized to deduct and retain the amount or amounts of such liquidated damages as may accrue hereunder out of the monies which may be due or become due to the Contractor under this agreement, or if such monies are not sufficient to meet said expense, the amount of the deficiency shall be paid to the Owner by the Contractor or his Surety.

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GC – 39 EXTENSION OF TIME: NO WAIVER If the Contractor, in concurrence with the Owner, shall be delayed in the completion of his work by reason of unforeseeable causes, beyond his control and without his fault or negligence, including, but not restricted to acts of God, or of the public enemy, floods, epidemics, quarantine, restrictions, strikes, riots, civil commotions, freight embargoes or priority regulations, the period hereinafter specified for completion of his work may be extended by such time as shall be fixed by the Owner. The Owner of any other provisions of Contract shall not deem such extension of time a waiver.

GC – 40 PROTECTION OF WORK AND PROPERTY

The Contractor shall at all times safely guard the Owner’s property from injury or loss in connection with this Contract. He shall at all times safely guard and protect his own work and that of adjacent property from damage, loss, or injury. All passageways, guard fences, lights, and other facilities required for protection by all authorities or local conditions must be provided and maintained. It is further understood and agreed that loss or damage arising out of the nature of the work to be done under this Contract or from any unforeseen obstruction or difficulties which may be encountered in the performance of the same or from the action of the elements or from encumbrances on the line of work or from any injury done in consequence of acts or omissions on the part of the Contractor, Subcontractor, their employees, or agents in carrying out any of the provisions or requirements of this Contract shall be borne and assumed by the Contractor.

GC - 41POWER OF CONTRACTOR TO ACT IN AN EMERGENCY

In case of an emergency, which threatens loss or injury of property and/or safety of life, the Contractor shall act without previous instructions from the Engineer as he sees fit. He shall notify the Engineer and any affected authorities thereof immediately thereafter. The amount of reimbursement claimed by the Contractor on account of any such action shall be determined in the manner provided in Section GC -36 hereof.

GC – 42 ENGINEER AUTHORITY

In the performance of the work, the Contractor shall abide by all orders, directives and requirements of the Engineer and shall perform all work to the satisfaction of the Engineer. The Engineer shall determine the amount, quality, acceptability and fitness of all parts of the work, shall interpret the Plans, Specifications, Contract Documents and shall decide all other questions in connection with the work. The Contractor shall not employ plant, equipment, materials, methods or personnel to which the Engineer objects, and shall not remove plant, personnel, materials, equipment or other facilities from the site of the work without the Engineer’s written permission. Upon request, the Engineer shall confirm in writing any oral order, direction, requirements or determination.

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GC – 43 COMMENCEMENT OF WORK (SEE TF - 9)

Each Contractor will commence work on the date to be ordered by the Owner as the date of such commencement, and shall fully complete the work within the number of consecutive calendar days from said date hereinafter specified as the period for completion of his Contract, unless the Owner shall extend the time limit.

GC – 44 SURVEYS AND PERMITS Unless otherwise expressly provided for in the Specifications, the Contractor will perform all surveys necessary or the execution of the work. The Contractor shall procure and pay for all permits and licenses necessary for the execution of his work.

GC – 45 DRAWINGS, SPECIFICATIONS AND RELATED DATA

A. ACCURACY OF PLANS AND SPECIFICATIONS: The detail Plans and Specifications for the Contract have been prepared with care and are intended to show as clearly as is practicable the work required to be done. The Contractor must realize, however, that construction details cannot always be accurately anticipated and that in executing the work, field conditions may require reasonable modifications in the details of plans and quantities of work involved. Work under all items in the Contract must be carried out to meet these field conditions to the satisfaction of the Engineer and in accordance with his instructions and the Contract Specifications. B. CONFLICT: If there be conflicting variance between the Drawings and the Specifications, the provisions of the Specifications shall control. In case of conflict between the General Conditions of the Contract or any modifications thereof and the Detailed Specification Requirements, the Detailed Specification Requirements shall control. Where finish dimensions affect the work of the Contractor, the Contractor at the site shall determine these, and he shall assume the responsibility for notifying the Engineer and effecting coordination with other Contractors or Suppliers. C. DISCREPANCIES IN DRAWINGS: Any discrepancies found between the Drawings and Specifications and site conditions or any errors or omissions in the Drawings or Specifications shall be immediately reported to the Engineer, who shall as soon as practicable correct such error or omission in writing. Any work done by the Contractor after his discovery of such discrepancies, errors or omissions shall be done at the Contractor’s risk. D. COPIES OF DRAWINGS AND SPECIFICATIONS FURNISHED: Except as provided for otherwise, all required copies of Drawings and Specifications necessary for the execution of the work shall be furnished to the Contractor without charge.

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E. DRAWINGS AND SPECIFICATIONS AT THE JOB SITE: One complete set of all Drawings and Specifications shall be maintained by the Contractor at the job site and shall be available to the Engineer at all times. These Drawings shall be the “As Built” set and should be currently marked up to reflect the exact in place construction. F. OWNERSHIP OF DRAWINGS AND SPECIFICATIONS: All original or duplicated Drawings and Specifications and other data prepared by the Engineer for the Owner shall remain the property of the Owner. G. DIMENSIONS: Figured dimensions on the plans are to be used in preference to scaling the Drawings. H. MODELS: All models prepared for this work become the property of the Owner at the completion of the work. I. SAMPLES: All samples called for in the Specifications or required by the Engineer shall be furnished by the Contractor, at his expense, and shall be submitted to the Engineer for his approval. Samples shall be furnished so as not to delay fabrication, allowing the Engineer reasonable time for the consideration of the samples submitted.

1. Samples for Tests: Contractor shall furnish such samples of materials as may be required for examination and test. All materials and workmanship shall be in accordance with approved samples. All samples of materials for tests shall be taken according to methods provided in the Detailed Specifications. Recoverable samples and test residue remain the property of the Contractor.

J. SHOP DRAWINGS: The Contractor shall provide shop drawings, settings, schedules and such other drawings as may be necessary for the prosecution of the work in the shop and in the field as required by the Drawings, Specifications or Engineer’s instructions. Deviations from the Drawings and Specifications shall be called to the attention of the Engineer at the time of the first submission of drawings and subsequent drawings for approval. The Engineer’s approval of any drawings shall not release the Contractor from responsibility for such deviations. Shop drawings shall be submitted according to the following schedule:

1. Five (5) copies shall be submitted at least thirty (30) days before the materials indicated thereon are to be needed, or earlier if required to prevent delay of the work. 2. The Engineer shall as soon as possible but in no case more than fourteen (14) days of the submittal of any shop drawings, return one copy to the Contractor marked approved subject to indicated corrections and changes, or disapproved. 3. The Contractor shall then correct the shop drawings to conform to the corrections and changes requested by the Engineer. 4. Following completion of such corrections and changes, the Contractor shall furnish the Engineer three (3) copies of the shop drawings conforming to the required corrections and changes for final approval.

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GC – 46 USES OF PREMISES: The Contractor expressly undertakes at his own expense:

a) to take every precaution against injuries to all persons or damages to all property;

b) To store his apparatus, materials, supplies and equipment in such orderly fashion at the site of

the work as will not interfere with the progress of his work, the work of any other contractors or the owner’s normal plant operations;

c) To place upon the work or any part thereof only such loads as are consistent with the safety of

that portion of the work.

GC – 47 SECURITY: The Contractor shall be responsible at all times for the protection and safety of the general public and of persons and employees who may for any reason enter within the limits of his work. When required by the Contract, the Contractor shall employ one or more uniformed watchmen within the Contract limits. Watchmen shall be uniformed and equipped with a badge, whistle and flashlight; watchmen shall have access to communication and sanitary facilities.

GC – 48 REMOVAL OF DEBRIS: The Contractor expressly undertakes at his own expense:

a) to frequently clean up all refuse, rubbish, scrap, materials, and debris caused by his

operations, to the end that at all times the site of the work shall present a neat, safe, orderly and workmanlike appearance;

b) Before final payment, to remove all surplus materials, falsework, temporary structures,

including foundations thereof, plant of any description and debris of every nature resulting from his operations and to put the site in a neat, safe, orderly condition;

c) the disposal of such debris shall be according to the approval of the Engineer.

GC – 49 PARTIAL COMPLETION AND ACCEPTANCE:

If at any time prior to the issuance of the final certificate referred to in Section GC - 50 hereinafter, any portion of the permanent construction has been satisfactorily completed, and if the Engineer determines that such portion of the permanent construction is not required for the operations of the Contractor but is needed by the Owner, the Engineer shall issue to the Contractor a certificate of partial completion, and thereupon or at any time thereafter the Owner may take over and use the portion of the permanent construction described in such certificate, and may exclude the Contractor there from. The issuance of a certificate of partial completion shall not be construed to constitute an extension of the Contractor’s time to complete the portion of the permanent construction to which it relates if he has failed to complete it in accordance with the terms of this Contract. The issuance of such a certificate shall not operate to release the Contractor or his Sureties from any obligations under this Contract or the performance bond.

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GC – 50 CERTIFICATE OF COMPLETION (SEE TF -11) When, in the opinion of the Contractor, the work is complete and ready for final inspections, he shall so notify the Engineer in writing and the Engineer will arrange to give the work a minute and thorough inspection. The results of such inspection (Punch List) shall be completed and corrected before a final certificate of completion may be issued. Upon completion of all work whatsoever required, the Engineer shall file a written certificate with the Owner and with the Contractor as the entire amount of work performed and compensation therefore. The acceptance by the Contractor of final payment shall be and shall operate as a release to the Owner of all claims and all liability to the Contractor for all things done or furnished in connection with this work and for every act and neglect of the Owner and others relating to and arising out of this work. No payment however, final or otherwise, shall operate to release the Contractor or his Sureties from any obligations under this contract.

GC – 51 COMPENSATION TO BE PAID BY CONTRACTOR The Contractor will be paid the bid unit and/or lump sum prices for the quantities of work which he performs under the items of work included in the Contract. The sum total for these items shall constitute full payment for the job completed, tested and ready for use. The price stipulated herein shall include not only the materials and work specifically belonging under the various items, but also all other materials, work and expenses which are necessary to complete as a whole the work contemplated by this Contract and which are specified, shown on the drawings or implied in such manner as to enable the Contractor to know the need of such materials, work or expenses.

GC – 52 SEPARATE CONTRACTS Should the Owner plan to award other Contracts, the work under which may proceed simultaneously with the execution of this Contract; the Contractor shall coordinate his operation with those of other contractors. Should a conflict arise, the decision of the Engineer shall prevail. Cooperation will be required in the arrangement for the storage of materials and in detailed execution of the work. The Contractor, including his Subcontractors, shall keep himself informed of the progress and the detail work of other contractors and shall notify the Engineer immediately of lack of progress or defective workmanship on the part of other contractors, where such lack of progress or defective workmanship will interfere with his own operations. Failure of the Contractor to keep informed of the work progressing on the site and failure to give notice of lack of progress or defective workmanship by others shall be construed as acceptance by him of the status of the work as being satisfactory for proper coordination with his own work, except as to defects which may develop in the other contractor’s work after the execution of his own work.

GC – 53 MUTUAL RESPONSIBILITIES OF CONTRACTORS

If through acts of neglect on the part of the Contractor, any other contractor, or any Subcontractor who shall suffer loss or damage on the work, the one who is responsible for such loss or damage agrees to settle with such other contractors or Subcontractors. If such other contractors or Subcontractors shall assert any claim against the Owner on account of any damage alleged to have been so sustained, the Owner shall notify the Contractor who shall defend, indemnify and save harmless the Owner against any such claim.

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GC – 54 CONSTRUCTION SCHEDULE AND PERIODICAL ESTIMATES

Immediately after execution and delivery of the Contract, and before commencement of work, the Contractor shall deliver to the Engineer for approval a construction progress schedule in form satisfactory to the Owner, showing the proposed dates of commencement and completion of each of the various subdivisions of work required under the Contract Documents. The Contractor shall also furnish on forms to be supplied by the Owner for the Engineer’s approval:

a) A detailed estimate giving a complete breakdown of the Contract price, and

b) Periodical itemized estimates of work done for the purpose of making partial

payments thereon. The values employed in making up any of these schedules will be used only for determining the basis of partial deduction from the Contract price.

The Contractor shall submit, at such times as may be reasonably requested by the Engineer, schedules which shall show the order in which the Contractor proposes to carry on the work, with dates at which the Contractor will start the several parts of the work, and estimated dates of completion of the several parts. The Contractor and each of his Subcontractors shall submit to the Engineer upon request, such schedules of quantities and costs, progress schedules, payrolls, reports, estimates, records, and other data as the Engineer may request in writing concerning work performed or to be performed under this Contract.

GC – 55 PAYMENTS TO CONTRACTORS:

Unless otherwise provided herein:

a) Not later than the 15th day of each calendar month the Owner shall make a progress payment to the Contractor on the basis of a duly certified estimate by the Contractor and approved by the Engineer of the work performed during the preceding calendar month under this Contract; but, to insure the proper performance of this Contract, the Owner shall retain five (5%) of the amount of each estimate plus an amount necessary to satisfy any claims, liens or judgments against the Contractor, which have not been discharged, until final completion and acceptance of all work covered by this Contract; provided, that the Contractor shall submit his estimate not later than the first day of the month; provided, further, that the Owner at any time after fifty percent (50%) of the work has been completed, if it finds that satisfactory progress is being made, may make any of the remaining progress payments in full; provided, further, that when the work or major portions thereof as contemplated by the terms of the contract are substantially completed, the Contractor shall submit to the Owner a requisition for payment of the remaining amount of the contract balance; the Owner shall approve and promptly pay the remaining amount of the contract balance less two times the value of any remaining items to be completed and an amount necessary to satisfy any claims, liens or judgments against the Contractor which have not been discharged. As the remaining items of work are satisfactorily completed or corrected, the Owner 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 discharged; provided, further, that on completion and acceptance of each separate building, public work or other division of the Contract on which the price is stated separately in the Contract, payment may be made in full, including retained percentage thereon, less authorized deductions.

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b) In preparing estimates, the materials delivered on the site and preparatory work done may be taken into consideration. The Owner shall pay, upon requisition from the Contractor, for materials delivered to the site or off-site by the Contractor and/or Sub-contractor and suitably stored and secured as required by the Owner and the Contractor provided; the Owner may limit such payment to materials in short and/or critical supply and materials specially fabricated for the Contract each as defined in the Contract.

c) All material and work covered by partial payments made shall thereupon become the sole property of the Owner, but this provision shall not be construed as relieving the Contractor from the sole responsibility for the care and protection of materials and work upon which payments have been made or the restoration of any damaged work, or as a waiver of the right of the Owner to require the fulfillment of all of the terms of the Contract.

d) Owner’s Right to Withhold Certain Amount and Make Application Thereof:

The Contractor agrees that he will defend, indemnify and save the Owner harmless from any claims growing out of the demands of Subcontractors, laborers, workmen, mechanics, material men, and furnishers of machinery and parts thereof, equipment, power tools and all supplies, including commissary, incurred in the furtherance of the performance of this Contract. The Contractor shall at the Owner’s request, furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged, or waived. If the Contractor fails to do so, then the Owner may, after having served written notice on the Contractor and his Surety, either pay unpaid bills, of which the Owner has written notice, direct, or withhold from the Contractor’s unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such claims untill satisfactory evidence is furnished that all liabilities have been fully discharged, whereupon payment to the Contractor shall be resumed, in accordance with the terms of this Contract, but in no event shall the provisions of this paragraph be construed to impose any obligations upon the Owner to either the Contractor or his Surety. In paying any unpaid bills of the Contractor, such payment shall be considered as a payment made under the Contract by the Owner to the Contractor and the Owner shall not be liable to the Contractor or Surety for any such payments made in good faith.

GC – 56 ASSIGNMENTS

The Contractor shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of the Owner. In case the Owner consents, and the Contractor assigns all or any part of any monies due or to become due under this Contract, the instrument or assignment shall contain a clause substantially to the effect that it is agreed that the right of the assignee in and to any monies due or to become due to the Contractor shall be subject to prior liens of all persons, firms and corporations for services rendered or materials supplied for the performance of the work called for in this Contract.

GC – 57 SUBCONTRACTING -WORK BY OTHERS The Contractor may utilize the services of specialty Subcontractors on those parts of the work, which, under normal contracting practices, are performed, by specialty Subcontractors. The Contractor shall not award any work to any Subcontractor without prior written approval of the Commissioner of the Department of General Services, which approval will not be given until the Contractor submits to the Commissioner of General Services a written statement concerning the proposed award to the Subcontractor, which statement shall contain information as the Commissioner of General Services may require. The Contractor shall be fully responsible to the Owner for the acts and omissions of his Subcontractors, and of persons either directly or indirectly employed by them.

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The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind Subcontractors to the Contractor by the terms of the General Conditions and other Contract Documents insofar as applicable to the work of Subcontractors and to give the Contractor the same power as regards terminating any subcontract that the Owner may exercise over the Contractor under any provision of the Contract. Nothing contained in this Contract shall create any contractual relation between any Subcontractor and the Owner.

GC – 58 SUPERINTENDENCE BY CONTRACTOR At the site of the work, the Contractor shall employ a Construction Superintendent or Foreman who shall have full authority to act for the Contractor. It is understood that such representative shall be acceptable to the Engineer and shall be one who can be continued in the capacity for the particular job involved unless he ceases to be on the Contractor’s payroll. Whenever the Contractor is not present on any part of the work, where it may be necessary to give directions, orders may be given by the Engineer, or his Assistant, to be received and obeyed by the Construction Superintendent or Foreman, who has charge of the men on this particular work in relation to which orders are given. In general, the Engineer’s instructions shall be confirmed in writing, and always upon written request from the Contractor.

GC – 59 ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS The Contractor may be furnished additional instructions and detail drawings to carry out the work included in the Contract. The additional drawings and instructions thus supplied to the Contractor, will be coordinated with the Contract Documents and will be so prepared that they can be reasonably interpreted as part thereof. The Contractor shall carry out the work in accordance with the revised or amended detail drawings and instructions. The Contractor and the Engineer will prepare jointly (a) a schedule fixing the dates at which special detail drawings will be required and by whom they will be made, such drawings, if any, to be furnished by the Engineer in accordance with said schedule, and (b) a schedule fixing the respective dates for the submission of shop drawings, the beginning of manufacture, testing and installation of materials, supplies and equipment, and the completion of the various parts of the work.

GC – 60 STATED ALLOWANCES The Contractor shall include in his proposal any cash allowances stated in the Supplemental General Conditions. The Contractor shall purchase the “Allowed Materials” as directed and approved by the Owner on the basis of the lowest and best bid of at least three competitive bids. If the actual price for purchasing the “Allowed Materials” is more or less than the “Cash Allowance,” the contract price shall be adjusted accordingly. The adjustment in the contract price shall be made on the basis of the purchase price without additional charges for overhead, profit, insurance or any other incidental expenses. The cost of installation of the “Allowed Materials” shall be included in the applicable sections of the Contract Specifications covering this work.

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GC – 61 MAINTENANCE BOND The Contractor shall furnish a Maintenance Bond to the Owner, executed by the Contractor as principal, and having as surety thereon a Surety Company acceptable to the Owner, guaranteeing that the Contractor shall maintain the work for a period of one year from the date of issue of the Certificate of Completion without cost to the Owner. Such maintenance shall cover restoration of the work and all of its appurtenances, including, but not limited to, disturbed equipment and/or utilities, and properties, which have been a part of or have resulted from work under this Contract. The Maintenance Bond shall be in the sum of one hundred percent (100%) of the final Contract Price.

GC – 62 COMMUNICATIONS The Contractor shall provide adequate communication facilities for instant communications at all times,as directed by the Engineer.

GC – 63 LIVE UTILITIES The Contractor is specifically directed to familiarize himself with the existence of aerial, surface or subsurface structures of municipal and other public service corporations within and surrounding the construction site. A careful search has been made, in good faith, and all known public or private utilities and other such installations within or adjacent to the Contract area are shown in their approximate locations on the Contract Plans. However, there is no guarantee that all existing utilities have been found. The Contractor’s attention is also directed to the fact that during the life of this Contract utilities may make changes in their facilities. The Contractor will be required to determine the exact locations and elevations of all pertinent structures, utilities and facilities, before construction work and new installations are started, so that there will be no interference with the work. Conflict between existing structures, utilities and facilities and new work shall be ascertained by the Contractor and called to the attention of the Engineer. The Contractor shall have taken these conditions into consideration in making up his bid. The Engineer will direct the public utility corporations to shift or remove those utility structures that interfere with the work. The Contractor shall not remove any structure or part of a structure owned by a public utility corporation without the approval of the Engineer. The Contractor shall cooperate with the public utility corporations whose structures (aerial, surface or subsurface) are within the limits of or along the outside of the right-of-way, to make it possible for them to maintain uninterrupted service. The Contractor shall conduct his operations in such a way as to delay or interfere as little as practicable with the work of the utility corporations. The Contractor shall give the utility corporations involved, reasonable notice, but not less than 48 hours in advance of all operations, which may or will affect their structures, including jacking, blasting and excavating. The Contractor shall protect in a suitable manner, all utilities encountered and shall repair at his cost any damage to structures, utilities and facilities caused by his operations to the satisfaction of the utility owner. If the nature of the damage is such, as to endanger the satisfactory functioning of the utilities and the necessary repairs are not immediately made by the Contractor; the respective owning companies may do the work and the cost thereof charged to the Contractor. It is understood and agreed that the Contractor has considered in his bid all of the permanent and temporary utility appurtenances in their present or relocated positions as shown on the Plans, and that no additional compensation will be allowed for any delays, inconveniences, or damage sustained by him due to any interference from the utility appurtenances or from the operation of moving them.

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GC – 64 OTHER PROHIBITED INTERESTS No officer, employee, or consultant of the Owner who is authorized in such capacity and on behalf of the Owner to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting or approving any architectural, engineering, inspection, construction or material supply contract, or any subcontract in connection with the construction of the project, shall become directly or indirectly interested personally in this Contract, or in any part hereof. No officer, employee, architect, attorney, engineer, consultant, or inspector of or for the Owner who is authorized in such capacity and on behalf of the Owner to exercise any legislative, executive, supervisory or other similar functions in connection with construction of the project shall become directly or indirectly interested personally in this Contract, or in any part hereof, any material supply contract, subcontract, insurance contract, or any other contract pertaining to the project.

GC – 65 RISK OF LOSS It is further understood and agreed that all loss or damage arising out of the nature of the work to be done under this agreement, or from any unforeseen obstructions or difficulties which may be encountered in the performance of the same, or from the action of the elements or from encumbrances on the line of work, or from any injury done in consequence of acts or omissions on the part of the Contractor, his employees or agents, in carrying out any of the provisions or requirements of this Contract, shall be borne and assumed by the said Contractor.

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GC – 66 LAWS, ORDINANCES AND REGULATIONS Each and every provision of the law 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. The Contractor shall keep himself fully informed of all Federal, State, and Local laws and municipal ordinances and regulations in any manner affecting those engaged or employed in the work, or in any way affecting the conduct of the work, and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. If any discrepancy or inconsistency, should be discovered in this Contract, in relation to any such law, ordinance, regulation, order or decree, the Contractor shall forthwith report the same in writing to the Engineer. The Contractor shall at all times himself observe and comply with, and shall cause all his agents, subcontractors, and employees to observe and comply with all such existing laws, ordinances, regulations, orders and decrees; and shall protect, defend, indemnify and hold harmless the Owner, the Town Board or Board of Commissioners, or Trustees and their officers, and agents and employees against any claims or liability arising from or based on the violation of any such laws, ordinances, regulations, orders or decrees whether by himself, his agents, Subcontractors, or by his employees.

GC – 67 INSURANCES AND INDEMNITY 1. The Contractor shall procure and maintain at his own expense and without expense to the Owner, until final acceptance by the Owner of the work and terms covered by the Contract, Insurance for damages imposed by law, of the kinds and in amounts hereinafter provided, in Insurance Companies admitted to do such business in the State of New York, covering all operations under the Contract whether performed by him or his Subcontractors. Before commencing the work, the Contractor shall furnish to the Owner certified copies of the original policies and such numbers of certificates of insurance in form satisfactory to the Owner showing that the Contractor has complied with this Section, which certificates shall provide that the policies shall not be changed or cancelled until thirty (30) days written notice has been given to the Owner. 2. The Contractor shall take and assume all responsibility for the work, and take all precautions for the prevention of injuries to persons and property in or about the work; he shall bear all losses resulting to him on account of, the amount, or character, or upon which the work is done different from that which was estimated or expected, or on account of the weather, elements or other causes and he and his Surety or Insurance Company shall assume the defense of, and indemnify and save harmless the Owner and its officers, employees, and agents, from any and all claims relating to labor, equipment or materials furnished for the work, and to inventions, patents, and patent rights used in doing the work, and to injuries or damages to persons, corporations or property caused by or in any way arising out of the work performed by the Contractor, Subcontractor and the employees under this Contract.

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3. The Contractor shall provide insurance coverage as follows: a. Worker’s Compensation and Disability Benefits Insurance

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b. Liability and Property Damage Insurance

There is a required $5,000,000.00 dollar limit Umbrella Policy

Unless otherwise specifically required by the Detailed Specifications Liability and Property Damage Insurance with limits of not less than:

Property Damage Liability Bodily Injury - Liability Each Occurrence Aggregate

$1,000,000 each occurrence $1,000,000 $2,000,000

For all damages arising during the policy period, shall be furnished in types specified, viz: limits for the following insurance shall be the same as above.

c. Coverage 1. Contractor’s Comprehensive General Liability Insurance issued to and covering the liability for damages

imposed by law upon the Contractor for bodily injuries and property damage with respect to all work performed by him (before, during, and after acceptance of work) under this Contract, such policy to be endorsed to cover the defense, indemnification and hold harmless agreement contained in Paragraph 5.

d. Coverage 2. Contractor’s Protective Comprehensive General Liability Insurance issued to and covering the Liability for

damages imposed by law upon the Contractor for bodily injuries and property damage with respect to all work under this Contract performed for the Contractor by Subcontractors, if any, such policy to be endorsed to cover the defense, indemnification and hold harmless agreement contained in Paragraph 5.

e. Coverage 3. Owner’s Protective Comprehensive General Liability Insurance issued to and covering the liability for

damages imposed by law upon the Owner for bodily injuries and property damage with respect to all operations under this Contract by the Contractor or by his Subcontractors, including omissions and supervisory acts of the Owner and of the agents and employees of the Owner. Such insurance shall name as an additional insured or insured, the agents, inspectors and employees of the Owner.

f. Coverage A policy of automobile insurance covering bodily injury and property damage and insuring the Contractor

for his operation of all motor vehicles and mobile equipment.

The Owner may consider Contract to be void and of no effect unless the person or corporation making or executing the same shall secure and keep in effect the above coverage during the life of said Contract which includes the period of the maintenance bond. The Commissioner of General Services reserves the right to reject all insurances and bonds.

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4. BUILDERS RISK The Contractor shall effect and maintain insurance against loss by fire and theft (including Builder’s Risk Special Extended Coverage Endorsement) upon all the work in place and all materials stored at the site of the work, whether or not covered by partial payments made by the Owner. This insurance shall be in an amount equal to the full insurable value thereof at all times and shall be for the benefit of the Owner, the Contractor and such Subcontractors as their interests may respectively appear. The full insurable amount shall be indicated to the Commissioner of General Services prior to the commencement of the project. The Commissioner of General Services reserves the right to reject the amount and require higher limits. Certificates and policies shall provide that coverage may not be cancelled or changed without thirty (30) days prior notice to the Owner.

5. HOLD HARMLESS (INDEMNITY)

The Contractor shall defend, indemnify and hold harmless, the Owner, its agents, servants and employees from any and all damages or claims whatsoever, occasioned by or caused to any person, partnership, association or corporation, or occasioned by or caused to any property arising out of the performance of this Contract or from any defective condition of the materials furnished or supplied or contemplated to be furnished or supplied under this Contract, provided, however, that any liability arising out of or in connection with this Contract was not caused by or resulting from the sole negligence of the Owner. This to include inventions, royalties, patents and patent rights.

GC – 68 LABOR,WAGES AND EQUAL EMPLOYMENT The Contractor agrees that no laborers, workmen or mechanics in the employ of the Contractor, Subcontractor or other persons doing or contracting to do the whole or part of the work contemplated by this Contract, shall be permitted or required to work normally more than eight (8) hours in any one calendar day or more than five (5) days in any one week, except in cases where the Owner determines that there is an extraordinary emergency caused by an Act of God or danger to life or property. The Contractor further agrees that the wages to be paid for a legal day’s work, as defined in Section 220 of the Labor Law, shall not be less than the prevailing rate of wage for a day’s work in the same trade or occupation in the locality where the public work under this Contract is to be performed. In accordance with Section 220-D of the Labor Law, the Contractor agrees that the laborers, workmen and/or mechanics to be employed on the work to be performed hereunder, shall be paid not less than the hourly minimum rate of wage as determined by the Industrial Commissioner of the Department of Labor of the State of New York. Attention is called to the fact that there are minimum rates as provided by law, and should the Contractor be compelled or desire to pay higher rates, no claim against the Owner will be entertained therefore. In accordance with the provisions of Section 220-E of the Labor Law, the Contractor agrees as follows: a) That in the hiring of employees for the performance of work under this Contract or any subcontract hereunder, no Contractor, Subcontractor, nor any person acting on behalf of such Contractor or Subcontractor, 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; b) That no Contractor, Subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this Contract on account of race, creed, color, sex, or national origin; c) That there may be deducted from the amount payable to the Contractor by the owner under this Contract a penalty of five dollars for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the Contract; and

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d) That this Contract may be cancelled or terminated by the Owner, and all monies due, or to become due, hereunder may be forfeited; for a second or any subsequent violation of the terms or conditions of the Contract.

This Contract shall be void unless Section 222 of the Labor Law; Sections 291 through 299 of the Executive Law and the Civil Rights Law is complied with. The Contractor will also comply with all findings and requests of the State Commission for Human Rights.

It shall be required that (a) in the employment of laborers and mechanics for work on the project, preference shall be given to qualified local residents; b) no person under the age of eighteen (18) years shall be employed on the project; (c) no person currently serving a sentence in a penal or correctional institution and no inmate of an institution of mental defective shall be employed on the project; and (d) no person whose age, mental, or physical condition is such as to make his/her employment dangerous to his/her health or safety or to the health or safety of others shall be employed on the project; Provided that this shall not operate against the employment of mentally or physically handicapped persons, otherwise employable, where such persons may be safely assigned to work which they can ably perform. There shall be paid each laborer or mechanic of the Contractor or Subcontractor engaged in work on the project under this Contract in trade or occupation listed in the Specifications, not less than the hourly wage rate set opposite the same, regardless of any contractual relationship which may be alleged to exist between the Contractor or any Subcontractor and such laborers and mechanics. All disputes in regard to the payment of wages in excess of those specified in this Contract shall be adjusted by the Contractor. Any laborer or mechanic employed to perform work on the project under this Contract, which work is not covered by any of the foregoing classifications, shall be paid not less than the minimum rate of wages specified herein for the classification which most nearly corresponds to the work to be performed by him/her, and such minimum wage rate shall be retroactive to the time of initial employment of such person in such classification. The minimum wage rates for apprentices shall apply only to persons working with the tools of the trade they are learning under the direct supervision of journeyman mechanics. Except as otherwise required by law, the number of apprentices in each trade or occupation employed by the Contractor or any Subcontractor shall not exceed the number permitted by the applicable standards of the New York State Department of Labor, or in the absence of such standards, the number permitted under the usual practice prevailing between unions and the employer’s associations of the respective trade or occupations. The Contractor agrees that, in case of underpayment of wages to any worker on the project under this Contract by the Contractor or any Subcontractor, the Owner may withhold from the Contractor out of payments due, an amount sufficient to pay such worker the difference between the wages required to be paid under this Contract and the wages actually paid such worker for the total number of hours worked and that the Owner may disburse such amount so withheld by it for and on account of the Contractor to the employee to whom such amount is due. The Contractor further agrees that the amounts to be withheld pursuant to this Section may be in addition to the percentages to be retained by the Owner pursuant to other provisions of this Contract. The Contractor shall post on appropriate conspicuous bulletin boards at the site of the project a schedule showing all determined minimum wage rates for the various classes of laborers and mechanics to be engaged in the work on the project under this Contract and all deductions, if any, required by law to be made from unpaid wages actually earned by the laborers and mechanics so engaged. The Contractor and each of his Subcontractors shall pay each of his employees engaged in the work on the project in full in cash and not less often than once each week, less legally required deductions: Provided that when circumstances render payment in cash infeasible or impracticable, payment by check may be effected upon consideration that funds are made available in a local bank and checks may be cashed without charge, trade requirements or inconvenience to the worker; this by approval of the Owner.

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The Contractor and his Subcontractors shall not employ any labor, materials or means whose employment, or utilization during the course of this contract, may tend to or in any way cause or result in strikes, work stoppages, delays, suspension of work or similar troubles by workmen employed by the Contractor or his Subcontractor, or by any of the trades working in or about the jobsite where work is being performed under this contract, or any other contract, or by other contractors or other subcontractors pursuant to other Contracts, or on any other building or premises or jobsite owned or operated by the Town of Hempstead. Any violation of this requirement by the Contractor may, upon certification of the Commissioner of the Department of General Services, be considered as proper and sufficient cause for canceling and terminating this contract. Supplements to employees paid by the Contractor are to be paid to a federally qualified pension, health or welfare program and a New York State registered apprentice-training program. Direct payments in cash for supplements will not be allowed. Where the work performed under this Contract involves a trade or occupation licensed by the Town of Hempstead, the Contractor shall be required to have such a license.

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GC-69

AFFIRMATIVE ACTION CLAUSE FOR THE PHYSICALLY AND MENTALLY HANDICAPPED

(a) The Contractor will not discriminate against any employee or applicant for employment because of

physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination nationally based upon their physical or mental handicap in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.

(b) The Contractor agrees to comply with the rules, regulations, and relevant order of the Secretary of

Labor issued pursuant to the Act.

(c) In the event of the Contractor’s noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with the rules, regulations and relevant orders of the Secretary of Labor issued pursuant to the Act.

(d) The Contractor agrees to post in conspicuous places, available to employees and applicants for

employment, notices in a form to be prescribed by the Director, provided by or through the contracting officer. Such notices shall state the Contractor’s obligation under the law to take affirmative action to employ and advance in employment qualified handicapped employees and applicants for employment, and the rights of applicants and employees.

(e) The Contractor will notify each labor union or representative of workers with which it has a collective

bargaining agreement or other contract understanding, that the Contractor is bound by the terms of Section 503 of the Rehabilitation Act of 1973, and is committed to take affirmative action to employ and advance in employment physically and mentally handicapped individuals.

(f) The Contractor will include the provisions of this clause in every subcontract or purchase order of

$2,500 or more unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 503 of the Act, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any Subcontractor purchase order as the Director or the Office of Federal Contract Compliance Programs may direct to enforce such provisions, including action for noncompliance."

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GC-70

STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY

CONSTRUCTION CONTRACT SPECIFICATIONS

(EXECUTIVE ORDER 11246) 1. As used in these specifications:

a. “Covered area” means the geographical area described in the solicitation from which this Contract resulted;

b. “Director” means Director, Office of Federal Contract Compliance Programs, United States Department

of Labor, or any person to whom the Director delegates authority;

1 c. “Employer Identification Number” means the Federal Social Security number used on the Employer’s Quarterly Federal Tax Return, U.S. Treasury Department Form 941.

d. “Minority” includes:

(i) Black (all persons having origins in any of the Black African racial groups not of Hispanic

origin);

(ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race);

(iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far

East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands) and

(iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification).

2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any

construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this Contract resulted.

3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S.

Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor or Subcontractor’s failure to take good faith efforts to achieve the Plan goals and timetables.

4. The Contractor shall implement the specific Affirmative action standards provided in Paragraphs 7a through p

of these specifications. The goals set forth in the solicitation from which this Contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The Contractor is expected to make substantially uniform progress toward its goals in each craft during the period specified.

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5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor’s obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto.

6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, the

Contractor must employ such apprentices and trainees during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U. S. Department of Labor.

7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation

of the Contractor’s compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following:

a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in

all facilities at which the Contractor’s employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the Contractor’s obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities.

b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources, and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations’ responses.

c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore; along with whatever additional actions the Contractor may have taken.

d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor’s efforts to meet its obligations.

e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above.

f. Disseminate the Contractor’s EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed.

g. Review, at least annually, the company’s EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with on-site supervisory personnel such as Superintendents, General Foremen, etc.; prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter.

h. Disseminate the Contractor’s EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor’s EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business.

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i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor’s recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process.

j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor’s work force.

k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3.

l. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities.

m. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not

have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor’s obligations under these specifications are being carried out.

n. Ensure that all facilities and company activities are no segregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes.

o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female

construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations.

p. Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor’s EEO policies and affirmative action obligations.

8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more of their

affirmative action obligations (7a through p). The efforts of a contractor association, joint contractor-union, contractor-community, or other similar group of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through p of these Specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor’s minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligations to comply, however, are the Contractor’s and failure of such a group to fulfill an obligation shall not be a defense for the Contractor’s noncompliance.

9. A single goal for minorities and a separate single goal for women have been established, The Contractor,

however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive order if a specific minority group of women is underutilized).

10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against

any person because of race, color, religion, sex, or national origin. 11. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government

contracts pursuant to Executive Order 11246.

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12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended.

13. The Contractor, in fulfilling its obligations under these specifications shall implement specific affirmative action

steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8.

14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that

the company's EEO policy is being carried out to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, Contractors shall not be required to maintain separate records.

15. Nothing herein provided should be construed as a limitation upon the application of other laws, which

establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Block Grant Program).

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GC-71

NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE

EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246)

1. The Offertory or Bidder’s attention is called to the “Equal Opportunity Clause” and the “Standard Federal Equal Employment Opportunity Construction Contract Specifications” set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor’s aggregate work force in each trade on all construction work in the covered area, are as follows: Goals for Minority Goals for Female Participation in Participation in

Timetables Each Trade Each Trade

Until Further Notice 5.8% 6.9% _________________________________________________________________________________________________

These goals are applicable to all the Contractor’s construction work (whether or not it is Federal or federally

assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and nonfederal involved construction.

The Contractor’s compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the Contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor’s goals shall be a violation of the Contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the Contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. 4. As used in this Notice, and in the Contract resulting from this solicitation, the “covered area” is the Town of Hempstead.

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AFFIRMATIVE ACTION CLAUSE FOR COVERED VETERANS

(a) The Contractor will not discriminate against any employee or applicant for employment because he or she is a

disabled veteran or veteran of the Vietnam Era in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified disabled veterans and veterans of the Vietnam Era without discrimination based upon their disability or veterans status in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.

(b) The Contractor agrees that all suitable employment openings of the Contractor which exist at the time of the

execution of this Contract and those which occur during the performance of this Contract, including those not generated by this Contract and including those occurring at an establishment of the Contractor other than the one wherein the Contract is being performed but excluding those of independently operated corporate affiliates, shall be listed at an appropriate local office of the State employment service system wherein the opening occurs. The Contractor further agrees to provide such reports to such local office regarding employment openings and hires as may be required.

State and local government agencies holding Federal contracts of $10,000 or more shall also list all their suitable openings with the appropriate office of the State employment service, but are not required to provide those reports set forth in paragraphs (d) and (e).

(c) Listing of employment openings with the employment service system pursuant to this clause shall be made at least concurrently with the use of any other recruitment source or effort and shall involve the normal obligations which attach to the placing of a bona fide job offer, including the acceptance of referrals of veterans and no veterans. The listing of employment does not require the hiring of any particular job applicant or from any particular group of job applicants, and nothing herein is intended to relieve the Contractor from any requirements in Executive Orders or regulations regarding nondiscrimination in employment.

(d) The reports required by Paragraph (b) of this clause shall include, but not be limited to, periodic reports which shall be filed at least quarterly with the appropriate local office or, where the Contractor has more than one hiring location in a State, with the central office of that State employment service. Such reports shall indicate for each hiring location (1) the number of individuals hired during the reporting period, (2) the number of no disabled veterans of the Vietnam Era hired,

(3) The number of disabled veterans of the Vietnam Era hired, and (4) the total number of disabled veterans hired. The reports should include covered veterans hired for on-the-job training under 38 U.S.C. 1787. The Contractor shall submit a report within 30 days after the end of each reporting period wherein any performance is made on the Contract identifying data for each hiring location. The Contractor shall maintain at each hiring location copies of the reports submitted until the expiration of one year after final payment under the Contract, during which time these reports and related documentation shall be made available, upon request, for examination by any authorized representatives of the contracting officer or of the Secretary of Labor. Documentation would include personnel records respecting job openings, recruitment and placement.

(e) Whenever the Contractor becomes contractually bound to the listing provisions of this clause, it shall advise the employment service system in each State where it has establishments of the name and location of each hiring location in the State. As long as the Contractor is contractually bound to these provisions and has so advised the State System, there is no need to advise the State System of subsequent contracts. The Contractor may advise the State System when it is no longer bound by this Contract clause.

(f) This clause does not apply to the listing of employment openings, which occur and are filled outside of the 50 States, the District of Columbia, Puerto Rico, Guam, and the Virgin Islands.

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(g) The provisions of Paragraphs (b), (c), (d), and (e) of this clause do not apply to openings which the Contractor proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer-union hiring arrangement. This exclusive does not apply to a particular opening once an employer decides to consider applicants outside of his own organization or employer-union arrangement for that opening.

(h) As used in this clause: (1) “All suitable employment openings” includes, but is not limited to, openings which occur in the following job categories: production, and no production; plant and office; laborers and mechanics; supervisory and no supervisory; technical; and executive, administrative, and professional openings as are compensated on a salary basis of less than $25,000 per year. This term includes full-time employment, temporary employment of more than 3 days’ duration, and part-time employment. It does not include openings, which the contractor proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer-union hiring arrangement, or openings in an educational institution, which are restricted to students of that institution. Under the most compelling circumstances an employment opening may not be suitable for listing, including such situations where the needs of the Government cannot reasonably be otherwise supplied, where listing would be contrary to national security, or where the requirement of listing would otherwise not be for the best interest of the Government.

(2) “Appropriate office of the State employment service system” means the local office of the Federal-State national system of public employment offices with assigned responsibilities for serving the area where the employment opening is to be filled, including the District of Columbia, Guam, Puerto Rico, and the Virgin Islands.

(3) “Openings which the Contractor proposes to fill from within his own organization” means employment openings for which no consideration will be given to persons outside the Contractor’s organization (including any affiliates, subsidiaries, and the parent companies) and includes any openings which the Contractor proposes to fill from regularly established “recall” lists.

(4) “Openings which the contractor proposes to fill pursuant to a customary and traditional employer-union hiring arrangement” means employment openings which the contractor proposes to fill from union halls, which is a part of the customary and traditional hiring relationships which exists between the Contractor and representatives of his employees.

(i) The Contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor

issued pursuant to the Act.

(j) In the event of the contractor’s noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with the rules, regulations and relevant orders of the Secretary of Labor issued pursuant to the Act.

(k) The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Director, provided by or through the contracting officer. Such notice shall state the contractor’s obligation under the law to take affirmative action to employ and advance in employment qualified disabled veterans and veterans of the Vietnam Era for employment, and the rights of applicants and employees.

(l) The Contractor will notify each labor union representative of workers with which it has a collective bargaining agreement or other contract understanding, that the Contractor is bound by the terms of the Vietnam Era Veterans Readjustment Act, and is committed to take affirmative action to employ and advance in employment qualified disabled veterans and veterans of the Vietnam Era.

(m) “The Contractor will include the provisions of this clause in every subcontract or purchase order of $10,000 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to the Act, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions, including action for noncompliance.”

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GC - 73

EQUAL OPPORTUNITY CLAUSE FOR FEMALES AND MINORITIES (CONSTRUCTION) “During the performance of this Contract the Contractor agrees as follows:

(1) The Contractor will not discriminate against any employee or applicant for employment because of race, color,

religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin, such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

(2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin.

(3) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other Contract understanding, notice to be provided advising the said labor union or workers’ representatives of the Contractor’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

(4) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

(5) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.

(6) In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be cancelled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

(7) The Contractor will include the portion of the sentence immediately proceeding Paragraph (1) and the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that, in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the Contractor may request the United States to enter into such litigations to protect the interests of the United States

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SALES TAX

The New York State Tax Law has been amended to exempt from sales and use taxes, imposed under article

twenty-eight and pursuant to article twenty-nine thereof, the sale or use of tangible personal property incorporated in

structures, buildings, or real property owned by exempt organizations.

The Town of Hempstead is an exempt organization and tangible personal property to become an integral

component part of this project is not subject to Sales Tax in accordance with paragraph fifteen of subdivision (a) of

Section eleven hundred fifteen of the Tax Law, amended February 20, 1974.

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CODE RULE 57 AND

EXTRACTS OF THE LABOR LAW

SECTION 202-h. High-voltage proximity. 1. This section may be known as the “high-voltage proximity act”. 2. Definitions. For the purpose of this section:

(a) “High-voltage lines” mean electrical conductors installed above ground and having a voltage differential in excess of six hundred volts between any pair of conductors or between any conductor and ground. In the case of alternating current, the voltage shall be measured in R.M.S. value. This definition shall not include approved armored cable used to supply power to portable equipment and insulated power cables enclosed in approved metallic raceways.

(b) “Dangerous proximity” means a distance within ten feet of high-voltage lines, or within such greater distances as are set forth in the current editions and any subsequent revisions of the regulations of the United States Occupational Safety and Health Administration (29 CFR parts 1910 and 1926), the New York industrial code (12 NYCRR part 23) and the national electrical safety code.

3. Prohibited activity.

a) No employer or supervising agent of an employer shall require or permit an employee to, and no self-employed individual, independent contractor having no employees or homeowner shall, participate in the operation, erection, transportation, handling, or storage of any tools, machinery, equipment, supplies, materials or apparatus, or the moving of any building, if in the course of such operation, erection, transportation, handling, storage or moving it is possible for such tools, machinery, equipment, supplies, materials, apparatus or building, to come within dangerous proximity of a high-voltage line; or participate in any activity which would cause the employee, self-employed individual, independent contractor or homeowner to come within dangerous proximity of a high-voltage line; unless precautionary action has been taken to protect against the danger from contact with such high-voltage line, either by de-energizing such high-voltage line and grounding it where necessary, or other effective methods or devices which have been approved in advance by the owner or person in charge of such high-voltage lines for the particular case and for the particular location.

(b) Employers whose employees operate, erect, transport, handle or store any tools, machinery, equipment, supplies, materials or apparatus, or move any building, which in the course of such operation, erection, transportation, handling, storing or moving might come within dangerous proximity of a high-voltage line, shall advise such employees of the dangers inherent in such work, highlight precautions which are to be taken under such circumstances and encourage employees to communicate with and advise employers or their supervising agents of conditions which would require precautionary action by the employer as required by paragraph (a) of this subdivision.

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(c) In no case shall the required clearance be provided by moving or displacing any conductor, except where the same is temporarily relocated pursuant to arrangements made with the owner or person in charge of the high-voltage line, and such owner or person in charge performs such actions.

(d) All high-voltage lines shall be considered as energized high-voltage lines until assurance has been given that they are otherwise by qualified representatives of the owners or persons in charge of such lines.

4. Warning sign required.

(a) The owner, agent, lessee, bailee, user, or employer responsible for the operation of equipment capable of coming within dangerous proximity of a high-voltage line in the course of its operation, shall post and maintain in plain view of the operator on each piece of such equipment, an approved durable warning sign legible at a distance of twelve feet reading “Danger Unlawful To Operate Any Part Of This Equipment Within 10 Feet of High-Voltage Lines”. Additional warning signs shall be placed on various parts of the equipment providing similar warnings to others in the vicinity of the high-voltage lines.

Notwithstanding the foregoing, all such posted warnings shall specify the actual distance by which the term “dangerous proximity” is defined by paragraph (b) of subdivision two of this section. The owner, agent, lessee, bailee, user, or employer responsible for the operations of equipment shall provide such other warning signs on equipment or at the work site as may be required by regulations promulgated hereunder. The requirement that warning signs be posted shall not apply to railway equipment operating on railway right-of-way in relation to high-voltage conductors of such railway system under conditions for which exemption is granted under subdivision eight of this section.

(b) If for any reason and for any time period, the operator of the equipment is unable to assess visually theclearance of the equipment from overhead high-voltage lines, a second person shall be designated to observe the clearance and provide timely warning to the equipment operator.

5. Notification to power company and responsibility for safeguards. Whenever any activity is to be performed requiring precautionary action under this section, the employer, contractor or other person responsible for the activity shall promptly notify the owner or person in charge of the high-voltage line of the intended activity, such notification to be submitted at least five normal work days before the activity is to be performed. The owner or person responsible for the high-voltage line shall perform all necessary precautionary actions, and the employer, contractor or other person responsible for the activity shall be responsible for all costs of such precautionary actions. Under no circumstances shall activities requiring precautionary actions be undertaken before such precautionary actions have been completed. 6. Enforcement. The commissioner shall administer and enforce the provisions of this section and is hereby empowered to prescribe and promulgate rules and regulations consistent herewith. Such regulations shall include a requirement that clearances greater than the dangerous proximity distance must be maintained where, in the judgment of the board, safety so requires.

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7. Civil Penalty. (a) Any person violating any of the provisions of this section shall be liable for a penalty of not less than one hundred dollars nor more than one thousand dollars to be collected in a civil action by a summary proceeding. Any violation of this section by an officer, agent or employee shall be a violation by the employer if such employer had knowledge of and actual control over the cause of such violation. Where the violation is of a continuing nature, each day during which it continues shall constitute an additional, separate and distinct offense. (b) The commissioner is hereby authorized and empowered to compromise and settle any claim for a penalty under this section in such amount in the discretion of the commissioner as may appear appropriate and equitable under the circumstances.

8. Exceptions.

(a) This section shall not be construed as applying to, shall not apply to, and is not intended to apply to, the construction, reconstruction, operations, and maintenance of overhead electrical conductors and their supporting structures and associated equipment by authorized and qualified electrical workers; nor to the authorized and qualified employees of any person engaged in the construction, reconstruction, operation, and maintenance of overhead electrical circuits or conductors and their supporting structures and associated equipment of rail transportation systems, or electrical generating, transmission, distribution, and communication systems. This exception when applied to railway systems shall not be construed as permitting operation of standard rail equipment, which is normally used in the transportation of freight or passengers or both and the operation of relief trains, or other equipment in emergencies, or in maintenance of way service, within dangerous proximity of and high-voltage conductor of such railway system; but this section shall be construed as prohibiting normal repair or construction operations within dangerous proximity of any high-voltage conductor by other than qualified and authorized persons or employees under the direct supervision of an authorized person who is familiar with the hazards involved, unless there has been compliance with the safety provisions hereof. (b) This section shall not be construed as applying to motor vehicle transportation across or along a publicroad or highway where the combined vehicle and load shall not be in excess of thirteen and one-half feet high and thirteen feet wide. Nevertheless, this section shall apply to motor vehicle transportation across or along a public road or highway during such time as the combined vehicle and load shall for any reason and for any period of time be in excess of thirteen and one-half feet high and thirteen feet wide.

9. Severability. In case any provisions of this section shall be adjudged unconstitutional or void for any reason, such adjudication shall not affect any of the other provisions of this section. PART 57 HIGH VOLTAGE PROXIMITY (Statutory authority: Labor Law, § 202-h) Sec. 57.1 Title and citation 57.2 Purpose and intent of Part (rule)

~38~

57.3 Application 57.4 Definitions 57.5 Precautionary action 57.6 Employee information 57.7 High-voltage line proximity procedure 57.8 Warning signs 57.9 Civil penalty 57.10 Severability

Historical Note

Part (§§57.1-57.10) filed Sept. 15, 1992 eff. Sept. 30, 1992. § 57.1 Title and citation. Within and for the purposes of the Department of Labor, this Part (rule) may be known as Industrial Code Rule No. 57, relating to hazards to untrained persons working or moving materials or equipment in proximity to high-voltage power lines. It may be cited as Code Rule 57 High Voltage Proximity as an alternative and without prejudice to its designation and citation established by the Secretary of State.

Historical Note

Sec. filed Sept. 15, 1992 eff. Sept. 30, 1992. §57.2 Purpose and intent of Part (rule). (a) Legislative findings. The Legislature has found that untrained persons working or moving materials or equipment in proximity to high-voltage power lines are endangered in the absence of suitable precautions, and that the quality of electrical service is likewise endangered by the absence of such precautions. (b) Purpose and intent. It is the purpose and intent of this Part (rule) to reduce the risks to untrained persons working or moving materials or equipment in proximity to high-voltage power lines, and to help insure the quality of electrical service by requiring compliance by said persons with certain procedures that will insure reasonable protection to said persons and to the high-voltage power lines in proximity to work locations or where materials or equipment are moved.

Historical Note

Sec. filed Sept. 15, 1992 eff. Sept. 30, 1992.

§ 57.3 Application. (a) This Part (rule) shall apply throughout the State of New York to any employer, any agent of an employer who supervises employees, self-employed individuals, independent contractors having no employees and homeowners, subject to the exceptions set forth in subdivision (b) of this section. (b) The provisions of this Part (rule) shall not apply to:

(1) the construction, reconstruction, operations, and maintenance of overhead electrical conductors and their supporting structures and associated equipment by authorized and qualified electrical workers;

(2) the authorized and qualified employees of any person engaged in the construction, reconstruction, operation, and maintenance of overhead electrical circuits or conductors and their supporting structures and associated equipment of rail transportation systems or electrical generating, transmission, distribution, and communication systems; and

~39~

(3) Motor vehicle transportation across or along a public road or highway where the combined vehicle and load is not at such time in excess of 13½ feet high and 13 feet wide.

Note: The exception set forth in paragraph (b)(2) of this section, when applied to railway systems, shall be construed as permitting operation of standard rail equipment, which is normally used in the transportation of freight or passengers or both and the operation of relief trains, or other equipment in emergencies, or in maintenance of way service, within dangerous proximity of any high-voltage conductor of such railway system. Normal repair or construction operations within dangerous proximity of any high-voltage conductor shall be prohibited under this Part unless performed by properly qualified and authorized persons or employees under the direct supervision of an authorized person familiar with the hazards involved, unless there has been compliance with the safety provisions set forth in this Part.

Historical Note

Sec. filed Sept. 15, 1992 eff. Sept. 30, 1992. § 57.4 Definitions. As used in or in connection with this Part (rule) the following terms shall mean: (a) High-voltage lines. Electrical conductors installed aboveground and having a voltage differential in excess of 600 volts between any pair of conductors or between any conductor and ground. In the case of alternating current, the voltage shall be measured in R.M.S. value. All high voltage lines shall be considered as energized high-voltage lines until assurance has been given that they are otherwise by qualified representatives of the owners or persons in charge of such lines.

Exception: This definition shall not include approved armored cable used to supply power to portable equipment and insulated power cables enclosed in approved metallic raceways.

(b) Dangerous proximity. As defined in Labor Law, section 202-h, dangerous proximity shall be the distance within 10 feet of high-voltage lines, or within such greater distances as are set forth in the 1990 edition of the regulations of the United States Occupational Safety and Health Administration (29 CFR parts 1910 and 1926), the New York Industrial Code (12 NYCRR Part 23) and the National Electrical Safety Code, 1990 edition, published by the American National Standards Institute, 11 West 42nd Street, New York, NY 10036. (c) R.M.S. value. The greatest effective difference of potential between any two conductors of the circuit concerned. (d) Prohibited activity. The operation, erection, transportation, handling, or storage of any tools, machinery, equipment, supplies, material or apparatus, or the moving of any building, if in the course of such operation, erection, transportation, handling, storage or moving of such objects it is possible to come within dangerous proximity of a high-voltage line.

Historical Note

Sec. filed Sept. 15, 1992 eff. Sept. 30, 1992. § 57.5 Precautionary action. No individual covered by the provisions of this Part (rule) shall engage in, or require a person employed by him/her to engage in any prohibited activity unless precautionary action has been taken to protect against the danger from contact with a high-voltage line, either by de-energizing such high-voltage line and grounding it where necessary, or by other effective methods or device s

~40~

which have been approved in advance for the particular case and for the particular location by the owner or persons in charge of such high-voltage lines.

Historical Note

Sec. filed Sept. 15, 1992 eff. Sept. 30, 1992. § 57.6 Employee information. (a) Before allowing any employee to engage in prohibited activity, employers subject to the provisions of this Part (rule) shall:

(1) advise such employee of the dangers inherent in the operation, erection, transportation, handling, storage or moving of any tools, machinery, equipment, supplies, materials, apparatus or building in dangerous proximity to high-voltage lines;

(2) highlight precautions which are to be taken prior to or in conjunction with engaging in such prohibited activity;

(3) encourage employees to communicate with and advise employers or their supervising agents of conditions which would involve precautionary action by the employer as required under section 57.5 of this Part (rule).

(b) The information required under paragraphs (a)(1) and (3) of this section shall be provided to the employee in writing and shall be clear, concise and easily understood. Such written information shall contain the location and phone number where the employer or his/her supervising agent may be reached for the purpose of reporting conditions, which would involve precautionary action. (c) The information required under paragraph (a)(2) of this section shall be provided to the employee verbally or in writing and shall be related to the specific circumstances of the prohibited activity involved.

Historical Note Sec. filed Sept. 15, 1992 eff. Sept. 30, 1992.

§ 57.7 High-voltage line proximity procedure. (a) At any site where any person or equipment may possibly come within dangerous proximity of a high-voltage line, such approach shall not be made until the following procedure has been complied with:

(1) The employer, contractor or other person making such approach or who is responsible for such activity, shall promptly notify the owner or person in charge of such high-voltage line in writing at least five normal work days before such approach is to be made. If the notification is made by regular mail, three extra days notice shall be given.

Exception: In any emergency situation involving imminent danger to the life, health or safety of any person, the person responsible for such activity is not required to comply with this provision.

(2) Within three normal working days following the receipt of such written notice, the owner or person in charge of the high-voltage line shall respond to the person making such approach or who is responsible for such activity of the procedure to be followed prior to performing any work in dangerous proximity to such high-voltage line.

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(3) The owner or person responsible for the high-voltage line shall perform all necessary precautionary actions to be taken to protect against the danger from contact with such high-voltage line, either by de-energizing such high-voltage line and grounding it where necessary, or by approving in advance other effective methods or devices for the particular cases and for the particular locations.

(4) The employer, contractor or other person responsible for the activity within dangerous proximity of such high-voltage line shall be responsible for all costs incurred in connection with such precautionary action including determining what precautionary measures are necessary and preparations for implementing them whether or not such precautionary measures are actually implemented.

Historical Note Sec. filed Sept. 15, 1992 eff. Sept. 30, 1992.

§ 57.8 Warning signs. (a) The owner, agent, lessee, bailee, user, or employer responsible for the operations of equipment capable of coming within dangerous proximity of a high-voltage line in the course of its operation, shall post and maintain in plain view of the operator on each piece of such equipment, an approved durable warning sign legible at a distance of 12 feet. Every such warning sign shall bear the following legend in black letters on a yellow background: DANGER Unlawful To Operate Any Part Of This Equipment Within 10 Feet Of High-Voltage Lines (b) All posted warning signs shall specify the actual distance by which the term “dangerous proximity” is defined for the particular case and location to which this Part (rule) applies. (c) Additional warning signs shall be placed on various parts of the equipment and at the work site providing similar warnings to others in the vicinity of the high-voltage lines. (d) If for any reason and for any time period, the operator of the equipment is unable to assess visually the clearance of the equipment from overhead high-voltage lines, a second person shall be designated to observe the clearance and provide timely warning to the equipment operator.

Historical Note Sec. filed Sept. 15, 1992 eff. Sept. 30, 1992.

§ 57.9 Civil penalty. Any person violating any of the provisions of this section shall be liable for a penalty of not less than $100 nor more than $1,000 to be collected in a civil action by a summary proceeding. Any violation of this section by an officer, agent or employee shall be a violation by the employer if such employer had knowledge of and actual control over the cause of such violation. Where the violation is of a continuing nature, each day during which it continues shall constitute an additional, separate and distinct offense.

Historical Note Sec. filed Sept. 15, 1992 eff. Sept. 30, 1992.

§57.10 Severability. If any provision of this Part (rule) or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Part (rule) which can be given effect without the invalid provisions or applications and to this end the provisions of this Part (rule) are declared to be severable.

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PROPOSAL

PLACE ___________________ DATE ____________________ PROJECT NO. _____________

Proposal of _______________________________________________________________________________________

(Hereinafter called “Bidder”) (a __________________________________ corporation/ (State)

a partnership/ an individual doing business as____________________________________________________________

_________________________________________________________________________________________________

To the ______________________________________________ (hereinafter called Owner)________________________

_________________________________________________________________________________________________

Gentlemen: The Bidder, in compliance with your invitation for bids to perform

_________________________________________________________________________________________________

_________________________________________________________________________________________________

_________________________________________________________________________________________________

_________________________________________________________________________________________________

_________________________________________________________________________________________________

Having examined the Bid Documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies and to construct the project in accordance with the Bid Documents, within the time set forth therein, and at the prices stated below. These prices are to cover all expenses incurred in performing the work required under the Bid Documents, of which this proposal becomes a part thereof. Bidder hereby agrees to commence work under this contract, when written, “Notice to Proceed”, contractor has received specifying commencement data.

TF-1.

PROPOSAL

PLACE __________________ DATE ___________________ PROJECT NO. ____________

Proposal of _______________________________________________________________________________________

(Hereinafter called “Bidder”) (a ______________________________________________ corporation\ (State)

a partnership/ an individual doing business as____________________________________________________________

________________________________________________________________________________________________)

To the __________________________________________ (hereinafter called Owner)___________________________

_________________________________________________________________________________________________

Gentlemen: The Bidder, in compliance with your invitation for bids for the construction of

_________________________________________________________________________________________________

_________________________________________________________________________________________________

_________________________________________________________________________________________________

_________________________________________________________________________________________________

_________________________________________________________________________________________________

_________________________________________________________________________________________________

Having examined the Bid Documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies and to construct the project in accordance with the Bid Documents, within the time set forth therein, and at the prices stated below. These prices are to cover all expenses incurred in performing the work required under the Bid Documents, of which this proposal becomes a part thereof.

Bidder hereby agrees to commence work under this contractor within____days after written, “Notice to Proceed” of the Owner and to fully complete the project within____consecutive calendar days thereafter as stipulated in the Bid Documents. Bidder further agrees to pay as liquidated damages, the sum of $________for each consecutive calendar day thereafter that the work is not completed as hereinafter provided in Paragraph GC-38 of the General Conditions. TF-1

BIDDER ACKNOWLEDGEMENT

BIDDER ACKNOWLEDGES RECEIPT OF THE FOLLOWING ADDENDUM (LIST ALL):

ADDENDUM DATE SIGNATURE OF PERSON SIGNING PROPOSAL

1._____________________

______________________

_____________________________ 2._____________________

______________________

_____________________________

3._____________________

______________________

_____________________________

4._____________________

______________________

_____________________________

5._____________________

______________________

_____________________________

LUMP-SUM PROPOSAL: Bidder agrees to perform all of the

__________________________________________

_____________________________________________________________________________________________work

described in the Bid Documents for the sum of` ___________________________________________________________

__________________ ($ ___________________) (Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words will govern.)

Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informality in the bidding.

The Bidder agrees that this bid shall be good and may not be withdrawn for a period of 45 calendar days after the scheduled closing time for receiving bids.

Upon receipt of written notice of the acceptance of this bid, Bidder will execute a formal Contract with the Owner and deliver the required Insurance Coverage and Surety Bonds within ten (10) days thereafter. The bid security attached in the sum of _______________________________ __________________________________

________________________________________________($ __________________________________________ ) is to

become the property of the Owner in the event the required Bonds and Insurance are not provided and the Contract is not

executed within the time above set forth, as liquidated damages for the delay and additional expense to the Owner

caused thereby.

Respectfully Submitted By: (SEAL - if bid is by a corporation) ________________________________________ (Signature)

________________________________________ (Title)

________________________________________ Business Address)

TF-1-A

Council Members DOROTHY L. GOOSBY

EDWARD A. AMBROSINO BRUCE A. BLAKEMAN ERIN KING SWEENEY

ANTHONY P. D’ESPOSITO DENNIS DUNNE, JR.

NASRIN G. AHMAD

Town Clerk

DONALD X. CLAVIN, JR Receiver of Taxes

GERALD C. MARINO

Commissioner

ANDREW MASTROMARINO Deputy Commissioner

ANTHONY LoBELLO

Deputy Commissioner

FELICE GUARINERI Deputy Commissioner

Town of Hempstead

Department Of

General Services

350 FRONT STREET, HEMPSTEAD, N.Y. 11550-4037 (516) 489-5000 • FAX# (516) 489-0794

LAURA A. GILLEN Supervisor

VENDOR’S PUBLIC DISCLOSURE STATEMENT

Contract or Formal Bid# __________________

1. Contractor’s /Vendor’s Name: ___________________________________________________________

Address: ________________________ City: __________________State: _______ Zip Code:________ Phone Number: ___________________________ Fax Number: _______________________________

2. Contacting Department’s Name: ________________________________________________________ Address: __________________________________________________________________________ 3. Payee Identification or SS # ________________________ Fed. I.D. # __________________________ 4. Type of Business: ___ Individual ___ Corporation ___ Partnership ___ LLC: 5. Table of Organization. List names and addresses of all principals, such as, all individuals serving on the Board

of Directors or comparable body, all partners, all corporate officers or all LLC officers: (Attach additional paper if required)

NAME ADDRESS __________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________ __________________________________________________________________________________

6. List all names and addresses of those individual shareholders, holding more than five percent (5%) interest in the firm and state percentage (%) for each individual. (Attach additional paper if required)

NAME ADDRESS

__________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________ __________________________________________________________________________________ 7. Signature: _________________________________________________________________________ Title: _______________________________________________ Date: _________________________ Revised 1/2016 TF-1-B

CONTRACTOR’S QUALIFICATION STATEMENT

The signatory of this questionnaire certifies under oath the truth and correctness of all statements and of all answers to interrogatories hereinafter made.

SUBMITTED TO: Commissioner of General Services Town of Hempstead, New York

SUBMITTED BY: __________________________________________________________________________________

PRINCIPALOFFICE: ________________________________________________________________________________

NAMES & ADDRESSES OF OWNERS, CORPORATE OFFICERS, PARTNERS

Check one of the following:

Sub-chapter “S” Corp. _____ Public Corporation _____ Closely Held Corporation _____ Partnership _____ Individually Owned Business _____

PRINCIPAL OFFICERS

BACKGROUND PROFESSION TITLE NAME ADDRESS OR TRADE

PRESIDENT

VICE PRESIDENT

SECRETARY TREASURER

STOCKHOLDERS (Not required if publically held, however, disclosure is required if more than 10% of stock is held by one person)

NAME ADDRESS INDIVIDUAL OWNERSHIP OR PARTNERSHIP (List all names and addresses)

NAME ADDRESS FAILURE TO SUPPLY ABOVE INFORMATION PRIOR TO OR AT BID OPENING WILL CAUSE AN INFORMAL BID THAT WILL BE DISQUALIFIED TF-2

Persons or firms submitting bids must be engaged in the lines of work required in these specifications, or shall be able to refer to work of similar character performed by them. Proposers must present satisfactory evidence of experience, ability and financial standing, and also a statement as to their plant and machinery.

1. How many years has your organization been in business as a General Contractor under its present business name? 2. We normally perform ________________ % of the work with our own forces. List trades below: 3. Have you ever failed to complete any work awarded to you? _______________________________ If so, note where and why. 4. List the major construction projects your organization has under way on this d ate:

PROJECT

OWNER

ARCHITECT

CONTRACT AMOUNT

PERCENT COMPLETE

SCHEDULED COMPLETION

5.List five major projects your organization has completed in the past five years:

PROTECT

OWNER

ARCHITECT CONTRACT

AMOUNT DATE OF

COMPLETE

WORK DONE WITH OWN FORCES

%OFWORKTRADES

6. List the construction experience of the principal individuals of your organization (Particularly the Anticipated Project Supervisors):

TF-2

INDIVIDUAL’S NAME

PRESENT POSITION

OR OFFICE

YEARS OF

EXPERIENCE

TYPE OF WORK FOR WHICH

RESPONSIBLE IN WHAT

CAPACITY

7. Itemized list of Bidder’s major plant and equipment:

8. Bank References:

9. Trade Association Membership:

10. Attach State of Financial Conditions, including Contractor’s latest regular dated financial statement or balance sheet.

Date of current statement or balance sheet: ______________________________________________________________

Name of firm preparing statement: _____________________________________________________________________

Dated at _____________________________________ this _____________________________

day of _______________________________________ 20______________________________.

Name of Organization: By: Title:

STATE OF } COUNTY OF }

M ______________________________________________ being duly sworn deposes and says that he/she is

the _____________________________________ of ______________________________ Contractor and that answers

to the foregoing questions and all statements therein contained are true and correct.

Sworn to before me this ________________________________________________ day of _____________ 20 _______

Notary Public: ________________________________

My Commission Expires: ________________________

TF-2

CERTIFICATION OF CONTRACTOR’S QUALIFICATION STATEMENT

CURRENT

I certify that (our) (my) Qualification Statement

dated _______________________________________ , as on file with the Department of General Services,

Town of Hempstead, is current and that it reflects (our) (my) organization, operations, and financial

status as of this __________________________________________________________________ day of

_________________________________________________________________________ ; with the

following exceptions:

STATE OF }

COUNTY OF }

M _______________________________________________________ being duly sworn deposes

and says that he/she is the _______________________________of__________________________

Contractor and that answers to the foregoing and all statements therein contained are true and correct.

Sworn to before me this ___________________________________ day of ____________ 20 _____

Notary Public: __________________________

My Commission Expires: __________________

TF-2

NON-COLLUSIVE BIDDING CERTIFICATION (REQUIRED BY SECTION 103-D OF THE GENERAL MUNICIPAL LAW)

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;

(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 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 ________________________________ 20 _____

___________________________________ Legal name of person, firm or corporation

BY________________________________

THE FOLLOWING RESOLUTION FORM MUST BE COMPLETED IF THE BIDDER IS A CORPORATION: Resolved

that______________________________________________________________________________________________

(Name and title of Signator and Name of Corporation)

be authorized to sign and submit the Bid or Proposal of this corporation for the following project:

and to include in such Bid the certificate as to non-collusion required by Section 103-D of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or misstatement in such certificate this corporate Bidder shall be liable under the penalties of perjury.

The foregoing is a true and correct copy of the resolution adopted by _________________________________________

_________________________________________________________________________________________________ (Name of the Corporation)

Corporation at a meeting of its board of directors held on the________________________________________________

day of ________________________________ 20 ______ . (SEAL OF THE CORPORATION)

___________________________

(Secretary) TF-3

BID BOND

KNOW ALL MEN BY THESE PRESENTS:

That we, the undersigned........................................................................................................................................................

..............................................................................................................................................................................as Principal,

and as Surety, are hereby held and firmly bound unto

..................................................................................................................................................................................................

..................................................................................................................................................................................................

in the penal sum of................................................................................................................................................................... for the payment of which, well and truly to be made, we hereby jointly and severally bind heirs, our executors, administrators, successors, assigns and ourselves. Signed this............................................................day of...............................................................................20.......................

THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That, WHEREAS the Principal has submitted

to.............................................................................................................................................................................................

a certain Bid, attached hereto and hereby made a part hereof, to enter into a Contract in writing, for the.............................

................................................................................................................................................................................................

................................................................................................................................................................................................

NOW, THEREFORE,

(a)

If said Bid shall be rejected, or in the alternate 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,

(b)

Then, this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated.

The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Obligee may accept such Bid; and said Surety does hereby waive notice of any such extension.

IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above.

.....................................................................................

Principal

By..................................................................................... TF-4

NOTICE OF AWARD

TO: _______________________________________________

BY RESOLUTION # REGARDING__________________________________________

_________________________________________________________________________________________________

PASSED ON _____________________________________________________________ BY THE TOWN BOARD, YOU

ARE HEREBY NOTIFIED TO BE THE SUCCESSFUL BIDDER. PLEASE ARRANGE FOR REQUIRED BONDS AND

INSURANCE AND CONTACT MR./MS.______________________________ AT THE TOWN ATTORNEY’S OFFICE

IMMEDIATELY TO SECURE ALL NECESSARY INFORMATION FOR FORMAL SIGNING OF CONTRACT WHICH

MUST BE ACCOMPLISHED WITHIN TEN (10) DAYS OF THIS NOTICE OF AWARD.

GERALD C. MARINO COMMISSIONER DEPT. OF GENERAL SERVICES

TF-5

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS:

That

_____________________________________________________________________________________________

_________________________________________________________________________________________________

(Here insert the name and address or legal title of the Contractor)

as Principal, hereinafter called Contractor, and

a Corporation of the

with its home office in the ,U.S.A.,

as Surety, hereinafter called Surety, are held and firmly bound unto ___________________________________________

_________________________________________________________________________________________________

(Here insert the name and address or legal title of the Owner)

as Obligee, hereinafter called Owner, in the amount of _____________________________________________________

_________________________________________________ Dollars ($ _______________________________________

for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and

assigns, jointly and severally, firmly by these presents.

WHEREAS, Contractor has by written agreement dated ____________________________________ 20_______

entered into a Contract with the Owner for ______________________________________________________________

_________________________________________________________________________________________________

_____________________________________________________________________________________in accordance

with drawings and specifications prepared by ____________________________________________________________

_________________________________________________________________________________________________ (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 obligation there under, 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 submission to Owner for completing the Contract in accordance with its terms and

conditions, and upon determination by Owner and Surety of the lowest responsible Bidder, arrange for a Contract between such Bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the "balance of the contract price" but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. TF-6

The term “Balance of the Contract price” as used in this paragraph, shall mean the total amount payable by Owner to Contractor and any amendments thereto, less the amount properly paid by Owner to Contractor.

Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of Owner.

Signed and sealed this _______________________________ day of ______________________ A.D. 20____

in the presence of:

_________________________(Seal) Principal ___________________________________________________ ____________________________ Title ___________________________________________________ By ____________________________(Seal) Title

TF-6

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 ___________________________________________________________________________________________ (Here insert the name and address or legal title of the Contractor)

_________________________________________________________________________________________________ as Principal, hereinafter called Principal, and a Corporation of the with its home office in the

, U.S.A., as Surety, hereinafter

called Surety, and held and firmly bound unto ____________________________________________________________

_________________________________________________________________________________________________(Here insert the name and address or legal title of the Owner)

as Obligee, hereinafter called Owner, for the use and benefit of claimants as herein below

defined, in the amount of ____________________________________________________________________________ (Here insert a sum equal to at least one-half of the Contract price)

____________________________________________________ Dollars ($ ___________________________________

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 ___________________________________ 20 _________

entered into a Contract with Owner for __________________________________________________________________

_________________________________________________________________________________________________

_________________________________________________________________________________________________

in accordance with drawings and specifications prepared by _________________________________________________

_________________________________________________________________________________________________ (Here insert full name, title and address)

which Contract is by reference made a part hereof, and is hereinafter referred to as the Contract.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonable 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 forlabor, material, or both, used or reasonable 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 by claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. TF-7

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 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 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 presented under and against this bond.

Signed and sealed this_________________________ day of____________________________ A.D. 20_____

In the presence of:

____________________________(Seal)

Principal __________________________________________________ _________________________________

Title __________________________________________________ By _________________________ (Seal) Title TF-7

AGREEMENT

THIS AGREEMENT, made on the ______________________________ day of_______________________ 20’________

by and between the Town of Hempstead ________________________________________________________________

party of the first part, hereinafter called the OWNER, and ___________________________________________________

_________________________________________________________________________________________________

hereinafter called the CONTRACTOR, in accordance with the Plans, Specifications, and all Contract Documents

for______________________________________________________________________________________________

________________________________________________________________________________________________

_________________________________________________________________________________________________

_________________________________________________________________________________________________

_________________________________________________________________________________________________

________________________________________________________________________, hereinafter called the Project.

NOW, THEREFORE, the OWNER and CONTRACTOR for the consideration hereinafter set forth, agree as follows: THE CONTRACTOR AGREES to perform and complete in a workmanlike manner, all work required for the

servicing of this Project, in strict compliance with the Contract Documents, which are hereby made a part of this Agreement. Work under this Agreement shall be commenced upon written notice to proceed, and shall be completed within _____ calendar days of the commencement of the Contract Time as defined in the General Conditions of the Contract.

THE OWNER AGREES to pay, and the Contractor agrees to accept, in full payment for the performance of this Contract, the Contract amount of ___________________________________________________________________________________________Dollars

($ ____________________________________________ ) in accordance with the provisions of the Contract Documents.

IN WITNESS WHEREOF the parties have duly executed this agreement in duplicate originals the date and year first above written. TOWN OF HEMPSTEAD, NEW YORK

BY ___________________________________________ ______________________________________________ Supervisor Contractor Dated__________20_______ Dated__________20_______ ______________________________________________ BY____________________________________________ ` Town Comptroller (Title) Dated__________20_______ ______________________________________________ ______________________________________________ Commissioner of General Services (Address)

Dated__________20_______ ______________________________________________ ______________________________________________

Town Attorney Commissioner of Highways Dated__________20_______ Dated__________20_______

TF-8

AGREEMENT

THIS AGREEMENT, made on the _______________________________ day of_________________________ 20 _____

by and between the Town of Hempstead ________________________________________________________________

party of the first part, hereinafter called the OWNER, and ___________________________________________________

_________________________________________________________________________________________________

hereinafter called the CONTRACTOR, in accordance with the Plans, Specifications, and all Contract Documents

for______________________________________________________________________________________________

_________________________________________________________________________________________________

_________________________________________________________________________________________________

_________________________________________________________________________________________________

________________________________________________________________________, hereinafter called the Project.

NOW, THEREFORE, the OWNER and CONTRACTOR for the consideration hereinafter set forth, agree as follows: THE CONTRACTOR AGREES to perform and complete in a workmanlike manner, all work required for the

servicing of this Project, in strict compliance with the Contract Documents, which are hereby made a part of this Agreement. Work under this Agreement shall be commenced upon written notice to proceed, and shall be completed within _____ calendar days of the commencement of the Contract Time as defined in the General Conditions of the Contract.

THE OWNER AGREES to pay, and the Contractor agrees to accept, in full payment for the performance of this Contract, the Contract amount of

___________________________________________________________________________________________Dollars

($ ____________________________________________ ) in accordance with the provisions of the Contract Documents.

IN WITNESS WHEREOF the parties have duly executed this agreement in duplicate originals the date and year first above written. TOWN OF HEMPSTEAD, NEW YORK

BY ___________________________________________ ______________________________________________ Supervisor Contractor Dated__________20_______ Dated__________20_______ ______________________________________________ BY____________________________________________

Town Comtroller (Title) Dated__________20_______ ______________________________________________ _____________________________________________ Commissioner of General Services (Address)

Dated__________20_______ ______________________________________________ ______________________________________________

Town Attorney Commissioner of Highways Dated__________20_______ Dated__________20_______

TF-8

NOTICE TO PROCEED

________________________________________

________________________________________

________________________________________

RE: PROJECT # __________________________

CONSTRUCTION CONTRACT # _____________

TYPE OF CONTRACT______________________

AMOUNT OF CONTRACT $ ________________

YOU ARE HEREBY NOTIFIED TO COMMENCE WORK ON THE REFERENCED CONTRACT ON OR

BEFORE _____________________________________ AND ARE TO FULLY COMPLETE THE WORK ON

OR BEFORE _________________________________ (WITHIN 1) _________________________________

CONSECUTIVE CALENDAR DAYS THEREAFTER. YOUR CONTRACT COMPLETION DATE IS

THEREFORE 2) ________________________________________. )

____________________________________

____________________________________

DATE

1) THE DATE SPECIFIED IN THE CONTRACT.

2) USE THE APPROPRIATE PHRASE.

TF-9

MAINTENANCE BOND NO............

KNOW ALL MEN BY THESE PRESENTS:

That We,.........................................................................................................................................................

...................................................................................................................................(hereinafter called the Principal) as

Principal and the , a Corporation with an office and place of business for the State of New York at , New York (hereinafter called the Surety) as Surety, are held and firmly bound unto the

....................................................................................................................................................................................(hereinaf

ter called the Obligee) as Obligee in the sum of .....................................…………………………….........................................

......................................................................................................($.....................................................................) DOLLARS

lawful money of the United States of America, for the payment whereof the Principal and Surety bind themselves, their

successors and assigns, jointly and severally, firmly by these presents.

Signed, sealed and dated this..........…........................................…………….day of..................................20.............

WHEREAS, the Principal heretofore entered into a written contract with the Obligee

for..............................................................................................................................................................................................

..................................................................................................................................................................................................

..................................................................................................................................................................................................

WHEREAS, said Contract provides that the Principal shall

guarantee...........................................……………..

.............................…….......……................................................................................................................................

................................................................................................................................................................................... NOW, THEREFORE, the condition of this obligation is such, that if the above Principal shall indemnify the

Obligee against loss by reason of his failure to make good at his own expense any defects or deficiencies in materials or workmanship which may appear in the work under said Contract with the period of.......................................... year(s) from the date of acceptance of the work, then this obligation shall be void; otherwise to remain in full force and effect.

.............................................................................. Pincipal BY: .......................................................................

BY: ...................................................................... STATE OF..........................................}

SS: COUNTY OF......................................}

On this...............................................................................day of...................................................20.......................... before me personally appeared the within named.................................................................................................................... to me known, and known to me to be..................................................................................................................the individual described in and who executed the within bond, and .......................................................................................acknowledged to me that he/she...................................................................................executed the same. ………………………………………………

Notary Public, Nassau County TF-10

STATE OF NEW YORK } SS:

COUNTY OF NASSAU

ON THIS ___________________________________ DAY OF ____________________ 20 ____, BEFORE ME PERSONALLY CAME ________________________________________________________ TO ME KNOWN AND KNOWN TO ME TO BE THE INDIVIDUAL DESCRIBED IN AND WHO EXECUTED THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT (S) HE EXECUTED THE SAME

________________________________________ NOTARY PUBLIC, NASSAU COUNTY

STATE OF NEW YORK

} SS: COUNTY OF NASSAU

ON THIS ___________________________________ DAY OF ____________________ 20 __________ , BEFORE ME PERSONALLY CAME _______________________________________________________ TO ME KNOWN AND KNOWN TO ME, WHO, BEING BY ME DULY SWORN, DID DEPOSE AND SAY THAT

(S) HE RESIDES AT AND THAT (S) HE IS THE OF THE CORPORATION DESCRIBED IN AND WHICH EXECUTED THE

FOREGOING INSTRUMENT; THAT HE/SHE KNOWS THE SEAL OF SAID CORPORATION; THAT THE SEAL AFFIXED TO SAID INSTRUMENT IS SUCH CORPORATE SEAL; THAT IT WAS SO AFFIXED BY ORDER OF THE BOARD OF DIRECTORS OF SAID CORPORATION; AND THAT HE/SHE SIGNED HIS/ HER NAME THERETO BY LIKE ORDER.

_________________________________________

NOTARY PUBLIC, NASSAU COUNTY

STATE OF NEW YORK } SS: COUNTY OF NASSAU ON THE ______ DAYOF ________________ IN THE YEAR 20____ BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED LAURA A. GILLEN, SUPERVISOR OF THE TOWN OF HEMPSTEAD, PERSONALLY KNOWN TO ME OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE INDIVIDUAL WHOSE NAME IS SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT SHE EXECUTED THE SAME IN HER CAPACITY, AND THAT BY HER SIGNATURE ON THE INSTRUMENT, THE INDIVIDUAL, OR THE PERSON UPON BEHALF OF WHICH THE INDIVIDUAL ACTED, EXECUTED THE INSTRUMENT.

_________________________________________ NOTARY PUBLIC, NASSAU COUNTY

TF-11

TO:..........................................................................................................................DATE........................................

(Contractor) the undersigned certifies that...................................................................................................................

(The Contractor) has completed the physical work for: DPW CONTRACT#.....................................................................

................................................................................................................................................................................

................................................................................................................................................................................As required by the Contract Document with the following exceptions:

1. Items that must be completed or corrected before the facility can be beneficially occupied. (Certificate cannot be issued with more than three (3) items under this sub-paragraph.)

A.

B.

C.

2. Items that may be accomplished after beneficial occupancy but must be completed to the satisfaction of the Engineer prior to .................................. weeks from the date of this Certificate.

Approval of this Certificate does not release the Contractor of any responsibility set forth in the Contract Documents. Final payment will not be made until all deficiencies are eliminated and the Acceptable Guarantee is provided.

Certified by.......................................................................... Project Engineer

............................................................................... Approved by......................................................................... Contractor Gerald C. Marino,

Commissioner of General Services

TF-12

Council Members DOROTHY L. GOOSBY

EDWARD A. AMBROSINO BRUCE A. BLAKEMAN ERIN KING SWEENEY

ANTHONY P. D’ESPOSITO DENNIS DUNNE, SR.

SYLVIA A. CABANA

Town Clerk

DONALD X. CLAVIN, JR Receiver of Taxes

GERALD C. MARINO

Commissioner

ANDREW MASTROMARINO Deputy Commissioner

ANTHONY LoBELLO

Deputy Commissioner

FELICE GUARINERI Deputy Commissioner

Town of Hempstead

Department Of

General Services

350 FRONT STREET, HEMPSTEAD, N.Y. 11550-4037 (516) 489-5000 • FAX# (516) 489-0794

LAURA A. GILLEN Supervisor

LABOR AND MATERIALS PAYMENT AFFIDAVIT STATE OF NEW YORK

} COUNTY OF NASSAU

SS: ______________________________, BEING DULY SWORN, DEPOSES AND SAYS THAT HE/SHE IS THE ________________________ OF _____________________________________.

(NAME OF COMPANY)

WHICH COMPANY HAS A CONTRACT WITH TOWN BEARING THE DATE OF _________________________ COVERING THE _______________________________. (TYPE OF WORK) ___________________________________ FOR ______________________________________. (LOCATION) TOWN OF HEMPSTEAD, NASSAU COUNTY, NEW YORK DEPONENT FURTHER SWEARS THAT SAID ______________________________________,

(NAME OF COMPANY) HAS PAID IN FULL AND THE PREVAILING RECOGNIZED RATE AND IN ACCORDANCE WITH THE SPECIFICATIONS AND CONTRACT OBLIGATIONS FOR ALL LABOR SUPPLIED OR PERFORMED AND MATERIALS FURNISHED IN CONNECTION WITH THE PERFORMANCE OF SAID WORK, INCLUDING ALL SOCIAL SECURITY, UNEMPLOYMENT INSURANCE, AND SALES TAXES APPLICABLE THERETO AND OWES NO ONE FOR ANY LABOR OR MATERIAL IN CONNECTION WITH THE PERFORMANCE OF SAID WORK OR ANY OF THE SAID TAXES, NOR HAVE ANY CLAIMS BEEN MADE AGAINST THE SAID CONTRACTOR FOR ANY UNPAID MATERIAL OR LABOR WITH THE EXCEPTION OF THE FOLLOWING: THIS AFFIDAVIT IS MADE FOR THE PURPOSE OF INDUCING THE TOWN TO MAKE PAYMENT UNDER THE TERMS OF ITS CONTRACT RELYING ON THE TRUTH OF THE STATEMENTS CONTAINED HEREIN. DATED____________________ __________________________ SUBSCRIBED AND SWORN BEFORE ME THIS __________ DAY OF _______________ TF-15