ProposalContract Documents for the Town of Wappinger Robinson Park Challenger Field Electrical n° ~~ _ _ ~~~~~ ~E~ ~ ~ 2013 TpWN ®F V~/q pp Town of Wappinger ~ ~~~1\1 ~1 ~~ ~ ER 20 Middlebush Road Wappingers Falls, NY 12590 December 2013 ~~ Ciarlc Patterson Lee ~~ ~~" DESIGN PROFESSIONALS Table Of Contents Division 0 - Bidding Reauirements And Contract Forms PAGE Bidding Requirements Advertisement For Bids ..... ......... Instructions To Bidders ...... .............. ........ • ................................................................... 00020-1 Bid ..........................•.. .................................... ............................................................... 00100-1 . Basis of Payment ........•........ ....•.........................•............•...............00310-1 ••••••••••••••••••••••• Bid Bond.........• .................. . ..................................................................................•............... 00420-1 Contract Requirements Agreement ..................... ..... Supplemental Conditions of ............ ...................................................................................... 00510-1 the Contract for Construction Performance Bond .......... ......................................... •••••••••• ••••••••••• .... Payment Bond .................... .................................................................................................. C-610-1 . General Conditions .............. ............................................................................................... C-615A-1 . Supplementary Conditions .. ............. .......................................................... ..... 00700-1 """••"•••••••••• ............ Wage Rates ...... ..................................................................................... 00810-1 .............................. ................................................................................................... Federal Labor Standards Provisions .................. ............................................. .................... Division 1 -General Requirements Project Completion Procedures ...... Modification Procedures ...................................................................................... 01027-1 ....... Surveys And Permits. .•........•• .............•............................•................ ••••••••••••••••••••••••. 01028-1 Codes And Standards .......... .......... ........................................................•....................................... 01052-1 .. Substitutions ............ .............................................................................................. 01060-1 .. ........... Submittals ................. ................................................................................................ 01140-1 ............. Final Inspection ................. .... ............................................................... •.......... •........... •........ 01300-1 .. .......................................................................... 01420-1 Protection Of Existing Utilities And Adjacent Structures Security And Protection ......... ....................................................... 01530-1 .. Cleanin U g p ........................... .................................................................................. ••••.•.....01540-1 ....... ................................. .... 01710-1 ................................................... Division 2 -Site Work Site Preparation.....• ................ ... Erosion Control.....• ...... ...........................•.......................................... ........•....•....... 02100-1 ........... Earthwork .................... ....................................................................... •••••••••••••••...•....02270-1 ........... Turf and Grasses ......... .............................................................................. ••••••••••••.... 02300-1 ..•..•.... ......•.......•..........•..•............•....•....•......•............•..•....•••............ 02920-1 Division 16 -Site Work Site Preparation.•....•........•..•.... • rosion Control.........•... ..•..•..•.••..•.......•..•.....•,•.•..•..•....... .....•..•....• ..............•...........•.. 02100-1 ......•...• ........................•.........•..........•.......•.•..... ....... • ......... • .............. 02270-1 TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 ADVERTISEMENT FOR BIDS 00020-1 The Town of Wappinger invites bids for the "Robinson Lane Baseball Field" located in the Town of Wappinger, Dutchess County, New York. This project is funded in part by a Community Development Block Grant administered by the Dutchess County Department of Planning. Separate sealed bids will be received by the Town of Wappinger Town Clerk Office at the Town Hall located at 20 Middlebush Road, Wappingers Falls, NY 12590 until 2:OOpm. (local time) January 30, 2014 at which time they will be publicly opened and read aloud. Bids received after that time will not be accepted. The Work of the project will be let for the following Contracts: Contract 1 Robinson Lane Baseball Field -Electrical Service The Work of the project shall be completed within Apri118, 2014. Copies of the Bidding Documents will be available starting, January 13, 2014, at A Copy A Second, Inc., Route 82, Hopewell Junction, NY 12533, phone 845-226-4153, upon deposit of Fifty Dollars ($50.00) per set (Drawings and Project Manual). Checks shall be made payable to the Town of Wappinger. Partial sets will not be distributed. A Bidder, upon 1) making the deposit required for the Bid Documents, 2) submitting a Proposal accompanied by a certified check or other security in accordance with the requirements contained in the plans and specifications and public advertisement for bids, and 3) returning the plans and specifications used by such Bidder in good condition within thirty (30) days following the award of the Contract, or rejection of the Bid, shall have returned to them the full amount of the deposit for one copy of the plans and specifications. Prospective bidders may request clarifications of the Bid Documents by contacting Greg Bolner, at (phone 845-567-2011 fax 845-567-9614). All requests for clarifications shall be submitted in writing on the Clarification Form provided. Prospective bidders are strongly encouraged to attend apre-bid conference for the Project conducted by the Greg Bolner on Monday, January 20, 2014 at 9:OOam at the Robinson Lane Baseball Complex located on Robinson Lane in the Town of Wappinger. Attention of the Bidder is particularly called to the Owner's sales tax exemption, the requirements as to conditions of employment to be observed, and the prevailing wage rates to be paid under the Contract. In addition, the Bidding Documents contain detailed requirements for the qualification of Bidders. These include, among other things, insurance requirements, financial statements, bank references, lists of lawsuits, arbitrations or other proceedings in which the Bidder has been named as a party, and a description of other projects of similar size and scope completed by the Bidder. Bids shall be prepared as set forth in INSTRUCTIONS TO BIDDERS", enclosed in a sealed envelope bearing on its face the name and address of the Bidder and the title of the Work to which the bid enclosed relates. No Bidder may withdraw his bid within forty-five (45) days after the actual bid opening. The Owner reserves the right to waive any and all informalities in, or to reject, any or all bids. The Owner further reserves the right to disqualify Bidders for any material failure to comply with the "INSTRUCTIONS TO BIDDERS" and "SUPPLEMENTARY INSTRUCTIONS TO BIDDERS." BY ORDER OF THE TOWN BOARD: AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER END OF SECT{ON TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 INSTRUCTIONS TO BIDDERS 00100-1 INSTRUCTION TO BIDDERS 1. DEFINED TERMS 1.1 Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Contract Documents have the meanings assigned to them in the Gen- eral Conditions. The term "Bidder" means one who submits a Bid directly to the Owner, as distinct from asub-bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest, qualified, responsible, and responsive Bidder to whom Owner (on the basis of the Owner's evaluation as hereinafter provided) makes an award. The term "Bid- ding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 2. COPIES OF BIDDING DOCUMENTS 2.1 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement or Invitation to Bid may be obtained from the Owner and/or Engineer as stated in the Advertisement or Invitation to Bid. The deposit may or may not be refunded as outlined in the Invitation to Bid. 2.2 Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3 The Owner and Engineer in making copies of Bidding Documents available on the above terms does so only for the purpose of obtaining Bids on the Work and does not confer a li- cense or grant for any other use. 3. QUALIFICATION OF BIDDERS 3.1 To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit at the Owner's request written evidence, such as financial data, previous experi- ence, present commitments and other such data as may be called for below (or in the Supplementary Instructions). Each bid must contain evidence of Bidder's qualification to do business in the state where the project is located or covenant to obtain such qualifica- tion prior to award of the contract. 4. EXAMINATION OF CONTRACT DOCUMENTS OTHER RELATED DATA AND SITE 4.1 Site information A. Subsurface and Physical Conditions TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 INSTRUCTIONS TO BIDDERS 00100-2 1. The Supplementary Conditions identify, those reports of explorations and tests of subsurface conditions at or contiguous to the site that Engineer has used in preparing the Bidding Documents, if any 2. Those reports are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in paragraph 4.02 of the General Conditions has been identified and estab- lished in paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions or information contained in such reports or shown or indicated in such drawings. 4.2 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and underground facilities, and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in paragraphs 4.02, 4.03,and 4.04 of the General Conditions. 4.3 Hazardous Environmental Condition A. The Supplementary Conditions identify those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that ENGINEER has used in preparing the Bidding Documents. B. Copies of reports and drawings referenced in paragraph 4.03.A will be made available by OWNER to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in paragraph 4.06 of the Gen- eral Conditions has been identified and established in paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclu- sion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.4 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and Under- ground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in paragraphs 4.02, 4.03, and 4.04 of the General Con- ditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environ- mental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work appear in paragraph 4.06 of the General Conditions. 4.5 On request, OWNER will provide Bidder access to the Site to conduct such examina- tions, investigations, explorations, tests, and studies as Bidder deems necessary for TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 INSTRUCTIONS TO BIDDERS 00100-3 submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and stud- ies. 4.6 Reference is made to Article 7 of the Supplementary Conditions for the identification of the general nature of other work that is to be performed at the Site by OWNER or others (such as utilities and other prime contractors) that relates to the Work for which a Bid is to be submitted. On request, OWNER will provide to each Bidder for examination ac- cess to or copies of Contract Documents (other than portions thereof related to price) for such other work. 4.7 it is responsibility of each Bidder before submitting a Bid to: A. Examine and carefully study the Bidding Documents, including any Addenda and the other related data identified in the Bidding Documents; B. Visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work; C. Become familiar with and satisfy Bidder as to all Federal, State, and local Laws and Regulations that may affect cost, progress, or performance of the Work; D. Carefully study all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to ex- isting surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Condi- tions as provided in paragraph 4.02 of the General Conditions, and carefully study all reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions; E. Obtain and carefully study (or assume responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and da- ta concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, se- quences, and procedures of construction to be employed by Bidder, including any specific means, methods, techniques, sequences, and procedures of con- struction expressly required by the Bidding Documents, and safety precautions and programs incident thereto; F. Agree at the time of submitting its Bid that no further examinations, investiga- tions, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times and in accordance with the other terms and conditions of the Bidding Documents; TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 INSTRUCTIONS TO BIDDERS 00100-4 G. Become aware of the general nature of the work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Docu- ments; H. Correlate the information known to Bidder, information and observations ob- tained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents; Promptly give ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by ENGINEER is acceptable to Bidder; and J. Determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. 4.8 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Doc- uments and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given ENGINEER written notice of all conflicts, er- rors, ambiguities, and discrepancies that Bidder has discovered in Bidding Documents and the written resolutions thereof by ENGINEER are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. 4.9 Information and data reflected in the Contract Documents with respect to underground fa- cilities at or contiguous to the site is based upon information and data furnished to the Owner and Engineer by owners of such underground facilities or others, and the Owner does not assume responsibility for the accuracy or completeness thereof unless it is ex- pressly provided otherwise in the Supplementary Conditions. 4.10 Before submitting a Bid, each Bidder will, at the Bidder's expense, make or obtain any ad- ditional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsur- face, and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the work and which Bidder deems necessary to determine its Bid for performing and furnishing the work in accordance with the time, price, an other terms and conditions of the Contract Documents. 4.11 On request in advance, Owner will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up, and restore the site to its former condition upon completion of TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 INSTRUCTIONS TO BIDDERS 00100-5 such explorations. Any soil investigations made on state property or adjacent to pave- ments shall be carried on under the supervision of NYSDOT regional traffic engineer. 4.12 The lands upon which the work is to be performed, rights-of-way and easements for ac- cess thereto and other lands designated for use by the Contractor in performing any work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be pro- vided by the Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by the Owner unless otherwise provided in the Contract Documents. 5. PRE-BID CONFERENCE 5.1 A pre-Bid conference may be held at a time and place discussed in the Invitation to Bid. If held, representatives of OWNER and ENGINEER will be present to discuss the Pro- ject. Bidders are encouraged to attend and participate in the conference. ENGINEER will transmit to all prospective Bidders of record such Addenda as ENGINEER considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. 6. SITE AND OTHER AREAS 6.1 The Site is identified in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of ma- terials and equipment to be incorporated in the Work are to be obtained and paid for by CONTRACTOR. Easement for permanent structures or permanent changes in existing facilities are to be obtained and paid for by OWNER unless otherwise provided in the Bidding Documents. 7. INTERPRETATIONS AND ADDENDA 7.1 All questions about the meaning or intent of the Contract Documents are to be directed to the Engineer in writing. Interpretations or clarifications considered necessary by the Engi- neer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by the Engineer as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other inter- pretations or clarifications will be without legal effect. 7.2 Addenda may also be issued to clarify or modify the Bidding Documents as deemed ad- visable by the Owner or Engineer. 8. BID SECURITY 8.1 Each Bid must be accompanied by Bid security made payable to the Owner in an amount of 5% percent of the Bidder's maximum Bid price and in the form of a Bid Bond (on form TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 INSTRUCTIONS TO BIDDERS 00100-6 attached, if a form is prescribed) issued by a surety meeting the requirements of Para- graph 5.01 of the General Conditions. 8.2 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bid- der fails to execute and deliver the Agreement and furnish the required contract security within fifteen days after the Notice of Award, the Owner may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom the Owner believes to have a reasonable chance of receiving the award may be retained by the Owner until the earlier of the seventh day after the effective date of the Agreement or the forty-sixth day after the Bid opening, whereupon Bid security furnished by such Bid- ders will be returned. Bid security with Bids which are not competitive will be returned within seven days after the Bid opening. 9. CONTRACT TIME 9.1 The numbers of days within which, or the dates by which, the Work is to be substantially completed and also completed and ready for final payment (the Contract time) are set forth in the Bid Form and the Agreement. 10. LIQUIDATED DAMAGES 10.1 Provisions for liquidated damages, if any, are set forth in the Agreement. 11. SUBSTITUTE OR "OR EQUAL" ITEMS 11.1 The Contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. For both the base bid and non-base bid items (if used in the Contract) whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or equal" item of material or equipment may be furnished or used by the Contractor if acceptable to the Engineer, application for such acceptance will not be considered by the Engineer until after the Effective Date of the Agreement. The procedure for submission of any such application by the Contractor and consideration by the Engineer is set forth in Paragraphs 6.05A and 6.05C of the General Requirements. 12. SUBCONTRACTORS, SUPPLIERS AND OTHERS 12.1 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers and other persons and organizations (including those who are to furnish the principal items of material and equipment) to be submitted to the Owner in advance of the specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any oth- er Bidder so requested, shall within seven days after the Bid opening submit to the Owner a list of all such Subcontractor, Suppliers, and other persons and organizations proposed for those portions of the work for which such identification is required. Such fist shall be TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 INSTRUCTIONS TO BIDDERS 00100-7 accompanied by an experience statement with pertinent information regarding similar pro- jects and other evidence of qualification for each such Subcontractor, Supplier, person or organization, if requested by the Owner. If the Owner or Engineer after due investigation has reasonable objection to any proposed Subcontractor, Supplier, other person or organ- ization, may before the Notice of Award is given request the apparent Successful Bidder to submit an acceptable substitute without an increase in Bid price. 12.2 If apparent Successful Bidder declines to make any such substitution, Owner may award the contract to the next lowest Bidder that proposes to use acceptable Subcontractor, Suppliers, and other persons and organizations. The declining to make requested substi- tutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Suppliers, other person or organization listed and to whom the Owner or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to the Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06.6 of the General Conditions. 12.3 In contracts where the Contract Price is on the basis of Cost of the Work Plus a Fee, the apparent Successful Bidder, prior to the Notice of Award, shall identify in writing to the Owner those portions of the Work that such Bidder proposes to subcontract and after the Notice of Award may only subcontract other portions of the work with the Owner`s written consent. 12.4 No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor has reasonable objection. 13. BID FORM 13.1 Unit Price A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule. B. The total of all estimated prices will be determined as the sum of the products of the estimated quantity of each item and the unit price Bid for the item. The final quantities and Contract Price will be determined in accordance with paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. 13.2 The Bid Form is included with the Bidding Documents; additional copies may be obtained from the Engineer (or the issuing office). TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 INSTRUCTIONS TO BIDDERS 00100-8 13.3 All blanks on the Bid Form must be completed by printing in ink or by typewriter and the Bid signed. 13.4 Bids by corporations must be executed in the corporate name by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. 13.5 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 13.6 All names must be typed or printed below the signature. 13.7 The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 13.8 The address and telephone number for communications regarding the Bid must be shown. 14. SUBMISSION OF BIDS 14.1 Bids shall be submitted at the time and place indicated in the Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed envelope, marked with the Project title and name and address of the Bidder and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed enve- lope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 14.2 Prospective Bidders are furnished one copy of the Bidding Documents with one separate unbound copy each of the Bid Form. The Bidding Documents may be retained by the Bid- der. The separate unbound copy of the Bid Form is to be completed and submitted with the Bid security and the following data: Non-Collusive Bidding Certification 14.3 A Bid by a limited liability company shall be executed in the name of the firm by a mem- ber and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown below the signature. 14.4 A Bid by an individual shall show the Bidder's Warne and official address. 14.5 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid form. The official address of the joint venture must be shown below the sig- nature. TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 INSTRUCTIONS TO BIDDERS 00100-9 14.6 The Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the Contract. Bidder's state contractor license number for the state of the Pro- ject, if any, shall also be shown on the Bid form. 15. MODIFICATION AND WITHDRAWAL OF BIDS 15.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 15.2 If, within twenty-four hours after Bids are opened, any Bidder files a duly signed, written notice with the Owner and promptly thereafter demonstrates to the reasonable satisfaction of the Owner that there was a material and substantial mistake in the preparation of its Bid, and that section 103(11) of the General Municipal Law of the State of New York is ap- plicable, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, that Bidder will be disqualified from further bidding on the work to be provided under the Contract Documents. 16. OPENING OF BIDS 16.1 Bids will be opened and (unless obviously non-responsive) read aloud publicly. An abstract of the amounts of the base Bids and major Alternates (if any) will be made available to Bidders after the opening of Bids. 17. BIDS TO REMAIN SUBJECT TO ACCEPTANCE 17.1 All bids will remain subject to acceptance for forty-five (45) days after the day of the Bid opening, but the Owner may, in its sole discretion, release any Bid and return the Bid se- curity prior to that date. 18. AWARD OF CONTRACT 18.1 The Owner reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time, or changes in the work and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbal- anced, or conditional Bids. Also, the Owner reserves the right to reject the Bid of any Bidder if the Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the bid is not responsive or the Bidder is un- qualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by the Owner. Discrepancies in the multiplication of units of work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 INSTRUCTIONS TO BIDDERS 00100-10 18.2 In evaluating Bids, the Owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such Alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 18.3 The Owner may consider as irregular any Bid on which there is an addition to, alteration of, or departure from the Bid Form hereto attached, and at its option, may reject same. 18.4 The Owner may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions. The Owner also may consider the operating costs, maintenance requirements, performance data, and guarantees of major items of materials and equipment to be submitted prior to the Notice of Award. 18.5 The Owner may conduct such investigations as the Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organiza- tions to perform and furnish the work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time. 18.6 The Owner reserves the right to award this project to the lowest responsible bidder on the basis of the Base Bid and any combination of the Alternates. 18.7 If the contract is to be awarded, the Owner will give the Successful Bidder a Notice of Award within forty-five (45) days after the day of the Bid opening. 18.8 If the Contract is to be awarded, the cost must be within the monies set aside for the work including receipt of loans or funding available. Therefore, award of the Contract cannot be made without assurance that these funds are in place. 18.9 The Owner reserves the right to award any one or all improvements included in this Bid Document dependent upon available funding. 18.10 More than one Bid for the same Work from an individual or entity under the same or dif- ferent names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 19. CONTRACT SECURITY 19.1 Paragraph 5.01 of the General Conditions and the Supplementary Conditions set forth with the Owner's requirements as to performance and payment bonds. When the Suc- cessful Bidder delivers the executed Agreement to the Owner, it must be accompanied by the required performance and payment bonds. All bonds shall be written by a firm licensed in New York State. TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 INSTRUCTIONS TO BIDDERS 00100-11 20. SIGNING OF AGREEMENT 20.1 When the Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within seven days thereafter, the Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to the Owner with the required Bonds. Within five days thereafter, the Owner shall deliver one fully signed counterpart to the Contractor. Each counterpart is to be accompanied by a complete set of the Contract Documents with appropriate identification. 21. SALES AND USE TAXES 21.1 Owner is exempt from New York State Sales Tax and Use Taxes on materials and equip- ment to be incorporated in the work. Said taxes shall not be included in the Contract Price. Refer to General Conditions 6.10A for additional information. 22. RETAINAGE 22.1 Provisions concerning retainage and Contractor's rights to deposit securities in lieu of re- tainage are set forth in the Agreement. TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 BID FORM 00310-1 Bid BIDDER Name Address Phone and Fax Date PROJECT: Town of Wappinger Robinson Lane Baseball Field Community Development Block Grant OWNER: Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 1.01 The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with the OWNER in the form included in the Contract Documents to perform and furnish all work as specified or indicated in the Contract Documents for the Contract price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2.01 BIDDER accepts all of the terms and conditions of the Invitation to Bid and Instructions to BIDDERs. This Bid will remain subject to acceptance for sixty (60) days after the day of Bid opening. BIDDER will sign and submit the Agreement and other documents required by the Bidding Requirements within seven days after the date of the OWNER's Notice of Award. 3.01 In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: A. BIDDER has examined and carefully studied copies of all the Bidding Documents, the other related data identified in the Bidding Documents, and the following Ad- denda (receipt of all which is hereby acknowledged): Date Number Date Number Date Number Date Number B. BIDDER has familiarized itself with the nature and extent. of the Contract Docu- ments, work site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance, or finishing of the work. 00310-1 TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 BID FORM 00310-2 C. BIDDER has obtained and carefully studied (or assumes responsibility for obtain- ing and carefully studying) all such examinations, investigations, explorations, tests and studies which pertain to the physical conditions at the site or otherwise may af- fect the cost, progress, performance or furnishing of the work as BIDDER considers necessary for the performance or furnishing of the work at the Contract Price, within the Contract Time, and in accordance with the other terms and condi- tions of the Contract Documents, including specifically the provisions of Paragraph 4.02 of the General Conditions (and reports or drawings of Hazardous Environ- mental Conditions, if any, as provided in paragraph 4.06 of the General Conditions); and no additional examinations, investigations, explorations, tests, re- ports, or similar information or data are or will be required by BIDDER for such purposes. D. Contract Time and Liquidated Damages The Contract Time commences to run as provided in paragraph 2.03 of the Gen- eral Conditions and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions as specified in the Agreement. CONTRACTOR shall pay OWNER as specrfied in the Agreement for each calen- dar day that expires after the time specified in Agreement for milestones and for completion and readiness for final payment. E. BIDDER has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or con- tiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, or similar information or data in respect of said Underground Facili- ties are or will be required by BIDDER in order to perform and furnish the work at the Contract Price, within the Contract Time, and in accordance with the other terms and conditions of the Contract Documents, including specifically the provi- sions of Paragraph 4.04 of the General Conditions. F. BIDDER has correlated the results of all such observations, examinations, investi- gations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. G. BIDDER has given ENGINEER written notice of all conflicts, errors, or discrepan- cies that it has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER. H. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; BIDDER has not di- rectly or indirectly induced or solicited any other BIDDER to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm, or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any ad- vantage over any other BIDDER or over OWNER. 00310-2 TOWN OF WAPPINGER ROBINSON LANE BASEBALL. FIELD 11412.07 BID FORM 00310-3 Non-Payment Of Contract Items BIDDER understands and agrees to provisions for non-payment of monies as out- lined in the Special Conditions for failure to complete a temporary erosion control measures, dust control, and/or maintenance and protection of traffic. This non- payment will be a permanent deduction from the total monies paid under this con- tract. J. BIDDER understands and agrees to pay OWNER one hundred dollars ($100) for each calendar day that expires after the notification and time specified in the Agreement for completion of restoration and/or, temporary erosion control measures. 4.01 The BIDDER understands and agrees that the estimated quantities for unit Bid prices, if any, are to be considered as approximate only. The OWNER does not expressly or by im- plication agree that the actual quantities will correspond therewith and reserves the right to increase or decrease any quantity or to eliminate any quantity as he may deem necessary. Neither the OWNER nor the BIDDER will be entitled to any adjustments in a unit Bid price as a result of any change in quantity unless that change exceeds 15% of the estimated quantity and equals or exceeds $25,000, and BIDDER agrees to accept the aforesaid unit Bid prices as complete and total compensation for any additions or deductions caused by a variation in quantities as a result of more accurate measurement, or by any changes or alterations in the Work ordered by the OWNER, and for use in computing the value of the Work performed for progress payments for changes that vary within the adjustment limits stated above. The undersigned further understands that there will be a review and negotiation of the unit Bid price whenever the actual quantity for that particular unit price Item varies by more than 15% from the Bid quantity, or by $25,000 or greater. 5.01 BIDDER further agrees that the OWNER has the right to delete Bid items and/or Bid Sec- tions and may add Alternate(s) prior to or after award if the OWNER deems this to be in the OWNER'S best interest. 6.01 BIDDER agrees to entire dollar amount, even if it is zero ($0), for each Alternate. (Do not leave an alternate bid amount blank.) 7.01 BIDDER also agrees that the OWNER reserves the right to award this project to the lowest responsible BIDDER on the basis of the sum of the Base Bid, and any, all, or none of the Alternates listed in the Bid (if Alternates are applicable). The Town has ap- proximately $25,000 available to fund this project and intends to award the base bid and as many of the alternates in the order listed totaling less than the available funds. 8.01 BIDDER will complete the work for the following price(s) as stated in the attached Bid Pro- posal. 00310-3 TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 BID FORM 00310-4 9.01 The Town of Wappinger has been and will continue to be an equal opportunity organiza- tion. All qualified Minority and Women-Owned Business Enterprises (MWBE) suppliers, contractors and/or businesses will be afforded equal opportunity without discrimination be- cause of race, color, religion, national origin, sex, age, disability, sexual preference or Vietnam Era Veterans status. The BIDDER shall comply with the material specifications and the Standard Clauses for NYS Contracts, Clauses Required by Office of Parks, Rec- reation and Historic Preservation and Equal Employment Opportunity Policy Statement appended to the specifications. 10.01 The project is in part funded by a Community Development Block Grant administered by the Dutchess County Department of Planning. 00310-4 v a~ m Y ~ 3 ~Z ~ ~ c c o ~ a~ ~ ~ o ~~ 0 F~- N U .` d C N ~ y ~ y y ~ ~ ~ Ll ~ LL ~ ~ jy G1 LL LA LL EA . C G t~? C ~. to c G Ef-} C ~ G fH C d d y N VJ ~ N d ~ LL m Il ~ ~ lL ~ ~ ll ~ LL Et? C G ~} C C. ER c `. fA C G lfl C G y t0 ~ c ` N N c ` ~ ~ C V ~ ~ c L ~ Y C ~ U ~ U ~ U ~ U ~ V ~ ~ ~ ~ ~ o ~ ~ ~ ~ ~ ~ c c c c ~ c~ c ~ c t0 c c0 c c0 r r r ~ J J J J ~ ~ ~v ~ ~' ~ C °~ °'~ E N~ °- K C i ~ c • ~~ ~ C X p O ~~ ~ Q d ~ C~ N :t x~ C E $'v az ~~~ E c c ~~i $~g~~ cog c o~ a~~ ~', ~~'"'aw ,n D m .B o c •r3 Q = ~ CV E 3 ~O ~ = O a y c 'p y p r0.r ~ ~ r'=., rL.~ 1° to a !• _ ~p N ;~,LL ~~ oo,o ~"'*' ~..~~a~g>c~ ~~°• r cEai tdxc~= ~ m ~ocv~~ ~•ag~~ - _ `-° ~' ~•c ~a_:t y ~Y~, o ~a ~ ~ c- vac a ~ ~ ~ ~ ~ a° ~ R3aH~ o ` n ~ a~~m ° ~ c v c i a. w ., ic ~ a 3. c ~ r Q r N M to O C`7 O Non-Collusive Bidding Certificate In accordance with the provisions of Section 103-d of the General Municipal Law as amended, the following "Non-Collusive Bidding Certificate" is and shall become a part of this proposal: (a) 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 organizations under penalty of perjury, that to the best of his 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 other BIDDER or to any competitor; and (3) no attempt has been made or will be made by the BIDDER to induce any other person, partner- ship, or corporation to submit or not to submit a bid for the purpose of restriction of competition." Signature and Title In accordance with the provisions of Section 103-a of the General Municipal Law the following clause is hereby inserted to provide: "That upon the refusal of a person, when called before a grand jury to testify concerning any transaction or contract had with the State, any political subdivision thereof, a public authority or with any pubic department, agency, or official of the State or of a public authority, to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant question concern- ing such transaction or contract, (a) such person, and any firm, partnership, or corporation of which he is a member, partner, director or officer shall be disqualified from thereafter selling to or submitting bids to or receiving awards from or entering into any contracts with any municipal cor- poration or any public department, agency, or official thereof, for goods, work, or services, for a period of five years after such refusal, and to provide also that (b) any and all contracts made with any municipal corporation or any public department, agency, or official thereof, since the effective date of this law, by such person,` and by any firm, partnership, or corporation of which he is a member, partner, director, or officer may be canceled or terminated by the municipal corporation without incurring any penalty or damages on account of such cancellation or termination, but any monies owing by the municipal corporation for goods delivered or work done prior to the cancella- tion or termination, but any monies owing by the municipal corporation for goods delivered or work done prior to cancellation or termination shall be paid." 00310-6 If BIDDER is: An Individual gy (SEAL) (Individual's Name) doing business as Business Address: Phone Number: A Partnership gy (SEAL) (Firm's Name) (general partner) Business Address: Phone Number: A Corporation gy (SEAL) (Corporation Name) (State of Incorporation} (Name of Person Authorized to Sign) (Title) (Corporate Seal) Business Address: Phone Number: A Joint Venture By By (Secretary) (Name) (Address) (Name) (Address) (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above). 00310-7 TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 BASIS FOR PAYMENT 00410-1 ' Basis of Payment Base Bid Item 1 -Mobilization/Demobilization 1. Method of Measurement a. The quantity paid for this item will be made on a lump sum basis. The lump sum price bid shall include the costs of furnishing all labor, materials, and equipment necessary to complete the work in its entirety and as described in the contract documents. b. Progress payments will be made on a percentage of the bid amount based upon the actual percent of work complete at the time of each request of payment. Final payment will not be complete until the OWNER is satisfied that project is complete and the site is free from all CONTRACTOR's equipment and supplies. 2. Basis of Payment: The bid prices shall include but not be limited to: a. The amount bid for mobilization shall not exceed three percent (5%) of the total contract base bid price excluding the bid price for mobilization. Should the bidder exceed the foregoing three percent (5%), the OWNER will make the necessary adjustment to determine the subtotal for each section and total amount bid based on the arithmetically correct proposal. b. The amount bid shall include the furnishing and maintaining of services and facilities noted in the Contract Documents, and necessary for successful start-up and demobilization of the construction. c. The cost of required insurance and bonds, guarantee of the work for a period of one year, and management of the contract work may be included in this bid item. Base Bid Item 2 -PVC Conduit 1. Method of Measurement: a. Payment for this item will be made on a lump sum basis. Progress payments will be made based upon the approved schedule of values furnished to ENGINEER by CONTRACTOR prior to the start of work. 2. Basis of Payment: The bid prices shall include but not be limited to: a. Locate existing underground electrical utilities. b. Excavation of trench and location of existing conduit under asphalt. c. Furnish and install Sch 40 PVC conduit and bedding. d. Furnish and backfill and compact trench excavation. e. Restore disturbed areas with topsoil, seed, and mulch. Base Bid Item 3 -Electrical Components and Wireing 1. Method of Measurement: a. Payment for this item will be made on a lump sum basis. Progress payments will be made based upon the approved schedule of values furnished to ENGINEER by CONTRACTOR prior to the start of work. 00410-1 TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 BASIS FOR PAYMENT 00410-2 2. Basis of Payment: The bid prices shall include but not be limited to: a. Furnish and install 50 amp breaker in existing panel. b. Furnish and install PVC conduit from panel to existing PVC stub in floor. c. Furnish and install pedestal power outlet box. d. Furnish and install 3-#3 wire and 1-#8 from panel to pedestal box and make all final connections. Alternate Bid Item A-1 -Pull Box 1. Method of Measurement: a. Payment for this item will be made on a lump sum basis. Progress payments will be made based upon the approved schedule of values furnished to ENGINEER by CONTRACTOR prior to the start of work. 2. Basis of Payment: The bid prices shall include but not be limited to: a. Locate existing underground electrical utilities. b. Excavation and install pull box over existing electric utility conduits. c. Cut spare conduit to pull wires. d. Furnish and backfill excavation. e. Restore disturbed areas with topsoil, seed, and mulch. 00410-2 o Document A310° -1970 Bid Bond ItNOW ALL MEN BY THESE PRESENTS, that we (Here insert full name and address or legal title of Contractor) ADDITIONS AND DELETIONS: The author of this document has added information neederi for its completion. The author Wray also have revised the text of the originai as Principal, hereinafter called the Principal, and AIA standard form. An Addit/ons and (Here insert full name and addressor legal title of Surety) De/etions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left a corporation duly organized under the laws of the State of as Surety, hereinafter margin of this document indicates called the Surety, are held and firmly bound unto where the author has added (Here insert full name and address or legal title of Owner) necessary information and where the author has added 20 or deleted from the originai AiA text. This document has important legal consequences, Consultation with an attorney is encouraged with respect as Obligee, hereinafter called the Obligee, in the sum of ($ ), for the payment of to its completion or modification. which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally; firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here insertfull name, address and description of project) NOW, TFiEI2EFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, of in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obliget; may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. AtA Document A310Ty -1970. Copyright ~ 1983 and 1970 by'the American Institute of Archftects. All rights rosa'ved. WARNING: This AIA Document is protected by U.S. Copyright law and Mternattonal Trestles. Unauthorized reproduction or dtstrihulion of this AIAa Document, or any portion of it, mray resuN in seven:civ8 and crtminst penaftEes, end wUl be prosecuted to the maxhnum extent passible under the taw. This document was produced by AIA software at t 1:32:'13 on 10I30r2006 under drder Nal00024078~ t which expires on 5~30/2007, end is not for resale. User NOtes: (2A44403059) Signed and sealed this day of (Wirness) (Witness) (Principal) (Seal) (Title) (Surety) (Title) (Seal) A1A Document A310TM -1810. Copyright di 1903 and 1970 by The American insBNte of Architects. Atl rights reseru~ed. WAtiNtNCi; 7hts AtA° Document is protected by U.8. Copyright Law and international Treaties. Unauthorized reproduction ar dtatribution of this AIA' Document, ar any portion of it, e2 may result in severe eivfl and crtminal penalties, and will be prosecuted to the maximum extern possBte under the taw. This document wax produced by AIA soRware at 11:32: t3 on 10/30/2006 under Order No.1000240782_i which expires on 5130/2007, and is not for resale. User Notes: (2A44403059) TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 AGREEMENT FORM 00510-1 This Agreement is dated the _ day of September, in the year 2011, by and between the TOW N OF WAPPINGER (hereinafter called the OWNER), and . (hereinafter called the CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK 1.01 CONTRACTOR shall complete all WORK as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only a part is titled as follows: TOWN OF WAPPINGER. ROBINSON LANE BASEBALL FIELD Article 2. ENGINEER 2.01 The Project has been designed by Clark Patterson Lee, 900 Corporate Blvd., Newburgh New York; who is hereinafter called ENGINEER and who is to act as OWNER'S representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIMES 3.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 3.02 Days to Achieve Substantial Completion and Final Payment A. The Work will be completed by August 31, 2011. The Signing of the Contract will function as the Notice to Proceed. Article 4. CONTRACT PRICE OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.01 below: 4.01 For all Unit price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price work times the estimated quantity of that item as indicated in this paragraph 4.01 (see attached BID section for specific items). TOTAL OF ALL UNIT PRICES ( $.00 ) TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 AGREEMENT FORM 00510-2 The Owner Reserves the right to select the lowest responsible Bidder AND which technology is to be used for completing the work. The Owner also reserves the right to reject any and all bids. Article 5. PAYMENT PROCEDURES 5.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment to the ENGINEER. Applications for Payment will be processed by ENGINEER. 5.02 Progress Payments: Retainage A. CONTRACTOR shall submit Application for payments (AIA Document G702-1992 and AIA Document 703-1992) for portions of the work completed under the contract on or about the 20th day of each month during performance of the Work provided in paragraphs 5.02.A.1 and 5.02.A.2 below. All such payments will be measured by the schedule of values established (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values: Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but in each case, less the aggregate of payments previously made and less such amounts as ENGINEER may determine, or OWNER may withhold. a. 95% of Work completed (with the balance being retainage). b. 50% (with the balance being retainage) of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to Owner) 2. Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 95% of the Work completed, less such amounts as ENGINEER shall determine and less ENGINEER'S estimate of the value of the Work to be completed or corrected. 5.03 Final Payment A. Upon final completion and acceptance of the Work the OWNER shall pay the remainder of the Contract Price, less 5% retainage as recommended by ENGINEER. B. Retainage shall be released to the CONTRACTOR six (6) months after Final Payment and after all conditions of the contract have been met. TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 AGREEMENT FORM 00510-3 Article 6. INTEREST 6.01 All moneys not paid within 45 days, following submittal of engineer-approved application for payment, shall bear interest at a point above the current prime rate. Article 7. CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda) and the other related data identified in the Bidding Documents including "technical data." B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, performance or furnishing of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. D. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to underground facilities at or contiguous to the Site. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface and underground facilities) at or contiguous to the Site or otherwise which may affect cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by the CONTRACTOR, and safety precautions and programs incident thereto. F. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 AGREEMENT FORM 00510-4 H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. K. CONTRACTOR shall, upon written notice from the Engineer, remedy any defects in the Work which shall appear within a period of one (1) year from date of final payment for completed Work. Article 8. CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 1. This Agreement, 2. Contract Documents with each document or sheet bearing the following general title: TOWN OF WAPPINGER - ROBINSON LANE BASEBALL FIELD. 3. Addenda number _. 4. CONTRACTOR'S Bid. 5. Documentation submitted by CONTRACTOR prior to Notice of Award. 6. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: B. All Written Amendments and other documents amending, modifying or supplementing the Contract Documents. C. The documents listed in paragraphs 8.01 et seq. above are attached to this Agreement (except as expressly noted otherwise above). D. There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented in writing. TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 AGREEMENT FORM 00510-5 Article 9. MISCELLANEOUS 9.01 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.02 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 9.03 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.05 OTHER PROVISIONS. (If applicable) IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed, initialed or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf. TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 AGREEMENT FORM 00510-6 This Agreement will be effective on Agreement). OWNER : TOWN OF WAPPINGER By: (CORPORATE SEAL) [CORPORATE SEAL] (Acknowledgement of Officer or Owner Executing Agreement) State of NEW YORK ) SS: County of ) On this day of , 2009, before me personally came and appeared , to me known and known to me, being duly sworn, did depose and say that _he is the of the described in and which executed the foregoing instrument; that by virtue of the authority conferred on herby law _he subscribe h_ name to the foregoing instrument and that _he executed the same for the purpose therein mentioned. (Notary Public) (Acknowledgement of Contractor, if a Corporation) State of NEW YORK ) SS. County of ) On this day of , 2009, before me personally came and appeared , to me known and known to me, being duly sworn, did depose and say that _he resides at ;that _he is the of the the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that one of the seals affixed to said instrument is such seal; that it was so affixed by order of the directors of said corporation and that _he signed h_ name thereto by like order. (Notary Public) ,2009 (which is the Effective Date of the CONTRACTOR: END OF SECTION By: Supplementary Conditions of u•$• tiem aft tfoustnfjf OMB Approval No, a5o2-o470 the Contract for Construction o;dice ~notD,si~~Amertt {Expires 5131/2010) Federal Housi~ Commissioner Public reporting burden #or this collection of kmfanmatfon Is estimated to average 90 mMutes r r searching existing data sources, gathering and maimaining tlme data needed, and ~ espouse, including the igne !or reviewing tnstn,ctions, tion Is required to obtain benefits and voluntary. HUO may net cotiect this information' , and~you a~i~e nra~uired t ~e~ of information. This Intorma- acurrently valid OMB control number, eq mplete this form, unless it displays This information colection is necessary to ensuro that viable projects are developed. n is important to obtain information from applicants to assist HUD in determining H nonprofit organizations initially funded oontlnue to have the firtandaf and admirtfshati ve capadty needed to devebp a project and that the project design meats the needs of the residents. The Department wiH use this information to sets forth the obligations of the contractor or subcontractor perfomring under the covered contract. This information is required in ardor io obtain be ftt Th sensitive and no assurance of confkfantiaYty is -xovidecl. ne s. is Fnforrnation is cons~ered non- Article 1-t.atbor Standards requested is not pertormed by a classification in the instructions wage determination; and Whenever only FHA mortgage insurance is involved, use paragraph (A) and (C) of Article i -Labor Standards. Whenever any direct form construction sndfius#ry; and utilized in the area by the of assistance (Section $, Section 202/811 Gapltal Advance, grants (g) The proposed wage rate, inducting any bona fide etc.) is involved, use paragraphs (A) and {B) and (C) of Article 1 - fringe benefits, bears a reasonable relationship to the Labor Standards. wage rates contained in the wage determination. AppllcabNity (b) if the contractor and the laborers and mechanics to The Project or Program to which the construction work covered by this contract pertains fs being assisted or insured the United andeHUp add d dnssiflcation (if known), ortheir representatives, g agree i0n ~ dassificatton and wage rate States of America and the following Federal Labor Standards Provi- stone are included in this Contract or related instrurrtentpursuant to the (+~necfua,ing the amount designated forfringe benefits where appropri- sport cat the action taken shalt be sent by HUD or its designee l provisions appik~ble to such Federal assistance or insurance, to fi e Administrator ~ the Wage and Hour Division, Employrr>ent Standards Administration, U.S. Department of labor Washington A. 1. (t) Minttnum Wages. AN laborers and mechanics employed or working upon the site of the work (or under the United States , , D.C. 20210. 'the AdmiMstrator, or an authorized representative, will approve, modify. or disapprove every additional classifi ti Housing Act of 1987 or under the Housing Act of 1849 in the ca on action within 30 days of receipt and so advise HUD or its designee or will construction or development of the project), will be paid uncondition- ally and not less often than once a week, and wtthout subsequent notify HUD or its designee within the 30-day period that additional tune is necessary. (Approved ~ by the Office of Management and deduction or rebate on any account (except such payroll deductions Budget under OM8 control nummber 1215-0140.) as are permitted by regulations issued by the Secretary of Labor underthe Copeland Ad (28 GFR Part 3), the full amount of wages d b (c) In the event the contractor, the taborers or mechan- ice to be employed in the classification or their re resentati d an ona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in p ves, an HUD orfts designee do not agree on the proposed classification and the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, i l relationship which may be alleged to exist between the contractor and such laborers and mechanics Gontributions made or t nc udng the views of ail interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The . cos s reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanic Administrator, or an authorized representative, will issue a determi- nation within 30 days of receipt and so advise HUD or its designee s are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(i)(iv); also regular contributions or will notify HUD or its designee within the 30-day period that adiditionat tune is necessary. (Approved by the Office of Manage- , made or casts incurred for more than a weeldy period {but not less meet and Budget under OMB Control Number 1215-0140.) often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made (~ The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs A.1.(ii)(b) or (c) or Incurred during such weekly period, of this paragraph, shall be paid to all workers pertorming work in the Such laborers and mechanics shall be paid the appropriate wags classification under this contract from the first day on which work is pertormed in the classification rate and fringe benefits on the wage determination for the classifica- tion of work actually performed, without regard to skill, except as . (iii) Whenever the minimum wage rate prescribed in the provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics perform- ing work in more than one classification may be compensated at the contract for a class of laborers or mechanics includes a fringe benefit whrch is not expressed as an hourly rate, the contractor shall either rate specified for each efassificatign for the time actually worked therein: Provided, Thatthe employer's payroll records accurately set pay ~ benefit as stated in the wage determination or shall pay another bona fide fringe benefk or an hourly cash equivaienttftereaf. forth the time spent in each classification in which work is pertarmed. The wage determination (including any additional classification and (iv} It the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wa es wage rates conformed under 29 CFR Part 5.5(a)(1)(II) and the Davis- g of any laborer or mechanic the amount of any costs reasonably Bacon poster {WH-1321) shah be posted at ail times by the contractor anticipated in providing bona fide fringe benefits under a plan or and fts subcontractors at the efts of the worknn a prominent and Program, Provided, That the Secretary of Labor has found, upon tfie accessible place where It can be easily seen by the workers. written request of the oontrador, that the applicable standards of the (fi) (a) Any class of laborers or mechanics which is not fisted in the wage de#ermination and which is to be employed under Davis-13aeon Act have been met. The Secretary of Labor may require the contractorto set aside in a separate accourmt assets for time meeting the contract shall be classified in conformance with the wage determination. f-IU[3 shalt approve an additional classification and of obligations under the plan or program. (Approved by the Office of Managerrtertt and Budget ~~ ~$ Gotttrol Nunmi~er 1215-01.40.) wage rate and fringe benefits ttmerefore oMy when the following criteria have been n ~ W~~~9- titJD ar its designee snail Upon its own action o i me (1) The work io be pertomted by time classification r upon wr tten request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this cormtract or arty other Federal contract with the Replaces FHA-2554 which is obsolete. Page 1 of 4 form NRJD-2554 (1~'-12U~P005) ref. Handbook 4571.1 same prime contractor, or any other Federally-assisted contract subject to Davis-Baca prevailing wage requiremen#s, which is held by the same prune contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor ar any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, Ir>cluding any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 193? ar under the Housing Act of 1949 in the construction ar development of the project), aN or part of the wages required by the contract, HUD or Its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as maybe necessary to cause the suspension of any further payment, ad- vance, or guarantee of tundsuntil such violations have ceased. HUD or fts designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective ern frloyeas to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act corrtracts. 9. {i) Payrolls and bash reCOrds. Payrolls and bask: records relating thereto shalt be maintained by the contractor during the course of the work and preserved for a period of tt-ree years thereafter for all laborers and mechanics working at the site of the wor[c (or under the United States Housing Act of 1937, ar urxler the Housing Act of 1949, in the construction ar development of the project). Such records shall c~r>tain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions ar costs antrapated for bona fide fringe benefits ar cash equivalents thereof of the types described to Section 1(b)(2)(B) of the Davis-Bacon Act}, daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of t.abarhasfound under29 CFR5.5(a)(1)(iv~ thatthe wages of arty laborer ar mechanic incNude the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shah maintain records which show that the commitment to provide such benerrts is enforceable, that tine plan ar program is financially responsible, and that the plan or program has been communicated in wrfting to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employ- ing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates presebed in the applicable . OrMB Cont ~umber~1215-0 and 1215-001 M}~ budget under {ii) (a) The contractarshall submit weekly for each week in which any contract work is pertom~red a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmis- sion to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(t}. This Information may be submitted in anyform desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005.00014-1); U.S. Gov- ernment Printing Office, Washington, D.C. 20402. The prime con- tractor is responsible for the submrssion of copies of payrolls by aN subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215.0149.) (b) Each payroll submitted shall ire accompanied by a °Statement of -Compliance," signed by the contractor or subcontrac- tor or his or her agent who pays or supervises the payment of the persons employed under the contract and shat l certify the fotiowing: {f } Thai file payroll for the payroN period contains the information required to txs maintained under 29 CFR Part 5.5{a)(3}{i) and that such infonnation is correct and complete; . (2) mat each laborer or mechanic (including earn helper, apprentice, and trainee) employed on the con- tract during the payroll period has been paid the full weekly wages earned, without rebate, either directly ar indirectly, and that no deductions have been made either directly or indirectly from the lull wages earned, other than permissabie deductions asset forth in 29 CFR Part 3; {S) That each taborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work per- formed, as specified in the applicable wage determina- tion incorporated into the contrail. (c) The weakly submission ~of a properly executed certification set forth on the reverse side of Optional Form WH-347 shalt satisfy the requirement for submission of the °Statement of Compliance" required by paragraph A.3.(il)(b) of this section. {d) The falsification of any of the above certifications may subject the contractor or subcontractor to dull or criminal prosecution under Section 1001 of Title f 8 and Section 231 of Tithe 31 of the United States Code. (iii) ~ The contractor or subcontractor shah make the records required under paragraph A,3.(i} of this section available for inspec- tion, copying., or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview err~rioyees during working hours on the job. if the contractor or subcartractor falls to submit the required records or to make them available, HUD or its designee may, after written notice to the conractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request ar to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. 4. (1) Apprentices end Trainees. Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program regis- tered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or If a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenttcesh~ and Training or a State Apprenticeship Agency (where appropriate) to be eligible for proba- tionary employment as an apprentice, The allowable ratio of appren-. bees to journeymen on the job site in any craft classffication shat) not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payrol(at an apprentice wage rate, who is not registered arotherwlse employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. in addition, any apprentice performing work on the job site in excess of the ratio permitted .under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a con- tractor isperforming construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) sped- fied inthe contractor's or subcontractor`s registered program shall be observed. Every apprentice must be paid at not tees than the rate specified in the registered program for fire apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the appren- ticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe beneffts listed cn the wage determination for the applicable classifi- cation. if the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with chat determination. In the event the &,treau Replaces FHA•2b54 which is obsolete. form HtIQ-2664 {17J2012~0(?b) Pam 2 of 4 ref. Ha~td6oak 4571.1 of Apprenticeshq~ and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program the co t t i ineNgible to be awarded Government contracts by virtue of Section 8(a) of the Davis-Bacon Act or 29 CFR 5 12 , n rac or w U no longer be permittedto utilize appren- tires at less than the applicable predetermined rate for the w k . (a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR or pertormed until an acceptable program is approved. part 24. (g1 7•rainees. Except as provided in 29 CFR 5.i8, trainees will not be permitted to work at less than the predetem~ined rat f ~~ No part of this cornrad shalt be subcorrtraded to any ~8 ~ ( ) p t em p o n ~ t b e or the work performed unless they are employed pursuant to and individually registered in a program which has i of ec •tion 3 a o t h e avis-Bacon Act or 29 C R 5.1 2 o ~ ordo be awarded HUD contracts or participate in HUD programs pursuant t rece ved prior ap- proval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of train- o 24 CFR Part 24. (tl~ Tt~e penalty for making false statements is resc ib d ees to Journeymen on the job she shall not be greater than permitted under the plan approved by the Employment and Training Adminis• p r e in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1010, Title 18, U.S.C., "Federal Housing Admfnistra- tration. Every trainee moat be paid at not less than the rate specified ~ transactions", provides In part: "VNhoever, for the purpose of in the approved program for the trainee's level of progress, ex- pressed as a percentage of the journeyman's hourly rate specified fn . , • influencing In any way the action of such Administration .. ,makes, utters or publishes any statement, knowing the same to be false the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trai . . • shall be tined not more than $5,000 s irr~risoned not more than two years, or both. nee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determf- B• Contract Work Hours and Safety Standards Act. As used in this paragraph, the terms "laborers" and "mechanics" incl d nation unless the Administrator of the Wage and Hour Division detarrranes that there is an apprenticeship program associat d ith u e watch- men and guards. 1 e w the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits f . Overtime requtrsments. No contractor or subcontractor contracting for any part of the contract work which may require a or apprentices. Any employee fisted on the payroll at a trainee rate who is not registered and participating in a training plan approved b the E l involve the employment of laborers a mechanics shag require s permit any such laborer or mechanic in any workweek In which he a y mp oymern and Training Adminishation shall be paid not less than the applicable she Is employed on each work to work in excess of forty hours in such workweek unless such laborer or mech i c wage rate on the wage determination for the classification of work actually performed. to addition, any trainee performin work o th an c re eives compensation at a rate not less than one and one-hall Times the basic rate of pay f i[ g. n e job site in excess of the ratio permitted underthe registered program or a hours waked in excess of forty hours in such workweek. shall be paid not less than the applicable wage rate on the wage Z• y~~. ~„ ~8' In ~ U'~ ~ t S g ~ a determination for the work actually performed. 1n the evern the Employment and Training Administration withdraws a l f the event of any viola t of t u eo rtl~In up a s of this ra ny p graph (1) ~ grePh, the cor+tracta and a subcontractor res onsibl pprova o a training program, the contractor will no longer be permitted~to utilize trainees at less than the applicable predeterrr~ned rate for the wo k p e therefore shall be IiabGe for the unpaid wages. In addition, such contracts and subeontrada shalt tie liable to the United States (in r perormed until an acceptable program is approved the case of work done under contract #or the District of Columbia or (itt) Equal employment opportunity The utilization of apprentices, trainees and journeymen under thi rt~ h a territory, to such District or to such territory), for liquidated dam- ages. Such liquidated damages shall be computed with respect to s pa s afl be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended and 29 CFR P t 30 eachindlviduallaborerormechanigincludingwatchmenandguards, employed in violation of the clause set forth fn subparagraph (1) of thi , ar . 5. Compliance with Copeland Act Requirements, The con- tractor shall comply wfth the re uirement f 29 CF s paragraph, in the sum of $10 for each calendar day on which such individual was required s permitted to worfc in excess of the standard work k f f q s o R Part 3 which are incorporated by reference in this contract. wee o orty hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this B. Subcontracts. The contractor or subcontractor will Insert in paragraph. any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (t 0j and such other clauses as HUD or its designee may be 3• Wfthhoiding for unpaid wages and liquidated damages, HUD or its designee shall upon its own action or upon written re t appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcon- ~ ques of an authorized representative of the Department of Labor withhold s' cause to be withheld, from any moneys pa able on t trails. The prime contractor shall be responsible for the compliance by any subooritracta or lower tier subcontractor with all the contract y accoun of wO~ performed by the contractor or subcontractor under any such contract or any other Federal contract with the sam i clauses in 29 CFR Part 5.5. e pr me contrac- tor, or any other Federally-assisted contract sut~ect to the Contract 7. Contract termlrmtion; debarment. A breach of the contract W°rk Hours and Safety Standards Act, which is held by the same clauses in 29 CFR 5.5 may be grounds fortermination of the contract prime contractor such sums as may be determined to be necessary , and for debarment as a contracts and a subcontractor as provided to satisfy any liabilities of such contractor or subcontractor for unpaid in 29 CFR 5.12. wages and liquidated damages as provided in the clause set forth in 8. Compliance with Davis-B~n and Related Act Require- subparagraph (2) of this paragraph. menu. All rulings and interpretations of the Davis-Bacon and 4. SubcbMraots.Thecontractororsubcontractorshallinsertin Related Ads contained in 28 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. any subcopntra9satphe clauses se# forth in subp 9 graph (1) through (4) of this era r hand also a clause requirn the subcontractors 9. Oisputes concerning labor standards. Disputes arising out at the labor standards provisions of this contract shalt t b to include these Clauses in any lower tier subcontrac#s, The prime contractor shaft tie responsible for compliance by any subcontractor no e subject tothegeneral dispu#es clause ofthis contract. Such disputes shalt be resolved in accordance with the procedures of the Depart- or tower tier subcontradar with the clauses set f©rth in subpara- graphs (i) through (4) of this paragraph. thenmeanin~ of this c sus ~ clods des uses be weenDtt a contr g p th G. The Contractor will be required to execute FHA Form Igo. 2403- A~ Contractor's Prevailing Wage Cer#ificate as a condition re - ac or (or any of its subcontractors) and HUD or its designee the U.S , p ce dent to insurance by the Federal Housing Administration of that , , De artment of labor, or the em p ployees or their representatives certain mortgage loan, a an advance thereof, made or to be made . ig• 44 GaritfiCatta-ofENgfbititit. By entering into thiscontract by the nwrtgagee fn connection with the construction of the protect. the contractor certifies neither it (nor he s she) nor any person orfirm ~~ 2 ` EquaAl Erttploytnen; Opporhxlity who has an interest in the contractor's firm is a person or firm The applicant hereby agrees that it will incorporate or cause to be ReplBCes RiA-2554 which is obsolete. PBye 3 of 4 form l~Ill?-2554 (12/2012005) ref. Handbook 45T1,1 incorporated into any contrail for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFA Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Govemment or borrowed on the credit of the Federal Govemment pursuant to a grant, contract, loan Insur- ance, or guarantee, or undertaken pursuant to any Federal program irnalving such grant, contrail, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the Contractor agrees as follows: A. 'The Contractor wiA 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 shat( include, but not be timtted to the following: Err~loyment, upgrading, demotion, or transfer; reCrutt- ment orrecruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training irrduding apprenticeship. The Contractor agrees to post fn conspicuous places available to employees and applicants for employment notices to be provided setting forth the provisions of this nondiscrimination clause. B. The Contractor will, in aH solicitations or advertisements for employees placed by or on behalf of the Contractor state that ail qualified applicants wiH receive consideration for employment with- out regard to race, c:otor, religion, sax, or national origin. C. The Contractor will send to each labor union or representative of workers with which it has a colleilive bargaining agreement or other contract or understanding a noticae to tie provided advising the said labor union or workers representathres of the Contractor's commit- ments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. D. The Contractor will comply with ail provisions of Executive Order 11248 of September 24, 1965 and of the rules, regulations, and relevant orders of the Secretary of Labor. E, The Contractor will furnish ail Information and reports required by Executive Orcier i 1246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will pemtft access to its books, records, and accounts by the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. F. in the event of the Contractor's noncompliance with the nondis- crimination clauses of this contract or with any of the said rules, regulations, or orders, this contract maybe canceled, terminated, or suspended in whole or in part and the Contractor may be declared Ineligible for further government contracts or federaly assisted construction contracts in accordance with procedures authorized in Executive Order 11248 of September 24, 1965, and such other sanilians may be imposed and remedies invoked as provided in Execuutive Order 11246 of September 24,1965, or by rule, regulations or order of the Secretary of labor, or as otherwise provided by law. Q. The Contractor will include the portion of the sentence immedi- ately preceding paragraph A and the provisions of paragraphs A through Q 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 subcontrac- tororvendor, The Contractor viii take such action with respectto any subcontract or purchase order as the Secretary of Housing and Urban Development orthe Secretary of Labor may directas a means of enforcing such provisions, including sanctions far noncompli- ance. Provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Secretary of dousing and Urban Development or the Secretary of Lobar, the Conhactor may request the United States to ever into such litigation to protect the interests of flee United States. H. The applicant further agrees that it wilt be bound by the above equal opportunity clause with respect to its own empbyment prac- tices when it partidpates in federally assisted construction work• Provided, That ti the applicant so participating is a State or local govemment, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contrail. L The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal oppor- tunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that ft will fumish the administering agency and the Secretary of Labor such Enformaiion as they may require for the supervision of such compliance, and that it wilt otherwise assist the administerng agency in the discharge of the agency's primary responsibility for securing compliance. . J. The applicant further agrees that it wilt refrain from entering into any contract or contract modification subject to Executive Order 11248 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eiigibitity for, Govemment contrails and federally assisted construe#ion contrails pursuant to the Executive order and will carry out such sanctions and penalties for oblation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part 11, Subpart D of the Executive order. In addition, the applkant agrees that ti it fails or refuses to comply with these undertakings, the administering agency may take any or ail of the fdlowing actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee}; refrain from extending any further assistance to the applicant under the program with reaped to which the failure ar refund occurred unt#i satisfactory assurance of future compliance has been received from such appli- cant; and refer the case to the Department of Justice for appropriate legal proceedings. Article 3 - Equaf Opportunity for Businesses and Lower Income Persons Located Within the Project Area (Applicable to Section 236 projects, where the estimated replace- ment cost of the project as detemvned by the Secretary of dousing and Urban Development exceeds $500,000, and to all projects, including Section 238 regardless of estimated replacement cost,. receiving rent supplement assistance under Title I, Section 101 of the Housing and Urban Development Ad of 1985.) A. The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assis- tance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, l2 U.S.C. 1701 u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the unit ct local government or the metropditan area (or nonmetropolitan county) as determined by the Secretary of Housing and Urban Development in which the projects located and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the same metropoli- tan area (or nonmetropoiitan county) as the project. Article 4 -Health end Safety A. No laborer or mechanic shall be required to work in surroundingss or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of tabor by regulation. B. The Contractor shall comply with ail regulations issued by the Secre#ary of Labor pursuant to Title 29 Part 1826 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract Work nouns and SafetyStandards Act(Pub~ic Law 91- 54, 83 Stet. 96}. C. The Contractor shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcon- tractor. The Contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Developrrrertt of the Secretary of Labor shall direct as a means of enforcing such provisions, Replact;s FHA 2554 which is ot-soiete. fomt fftK)-2b54 (12/24/2446} rage 4 of 4 re#. Handbook 4571.1 AlA Document A312TM -1984 Performance Bond CONTRACTOR (Name at:d Address): OWNER (Name and Address): CONSTRUCTION CONTRACT Date: Amount: Description (Nome-arrd-I~vcation j:- SURETY (Name and Principal Place of Business): ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions RepoKthat notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. BOND Date (Not eardier than Construction Contract Dare): Amount: r~ Modifications to this Bond: i ~ l None ~~ See Last Page CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Sea]) Signature: Signature: Name and Name and Title: Title: (Any additional signatures appear an the last page) (FOR 1NFORMATTON ONLY -Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other parry): This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contract, Surety, Owner or other parry shall be considered plural where applicable. AIA Document A3t 2rM -1884. Copyright ®1984 by Ths American Institute of Architects. All rights reserved. WARNING: This AfA• Document is protected by U.S. Copyright taw and International Treaties. Unauthorized reproductbn or dialrNtution of thts AtAs Document, or any portion of it, j may nsmth in severe chrt! and crNntnal panellise, and will be prosecuted to the maximum ardent possible under the law. Tips document was produced by AIA software at 11:93:24 on i 0/30/2006 under Order No.1000240782_,1 which expires on Sf30t2007, and s not for resale. User Nnfes: (213&396770) 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incotporated herein by reference. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Section 3.1. § 3 if there is no Owner Default, the Surety's obligation under this Bond shall arise after; § 3.1 The Owner has notified the Contractor and the Surety at its address described in Section I0 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to beheld not later than fifteen days after receipt of such notice to discuss methods of perfomung the Construction Contxact. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed areasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and § 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Section 3.1; and § 3.3 The Owner' has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. § 4 When the Owner has satisfied the conditions of Section 3, the Surety shat] promptly and at the Surety's expense take one of the following actions: § 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or § 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or § 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concutzence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 6 in excess of the Balance of the Contract Price incun'ed by the Owner resulting from the Contractor's default; or § 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liablt to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. § 5If the Surety does not proceed as provided in Section 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be erttitlcd to enforce any remedy available to the Owner. § 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Section 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. 'I'o the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to tnitigatian of costs and damages on the Construction Contract, the Surety is obligated without duplication flu: AIA Document A312Y'" -1984. Copyright 61 1984 by The American Instltuta of Architects. AH rights reserved. WARNlt4G: This AIAa Document is protected by U.S. Copyright Law and lntematiana! Treaties. Unauthorized reproduction or distribution of this A1A~ Document, or any portion of it, 2 may rssuh In severe civg and criminal penalties, and wig be prosecuted to the maximum exterrt possible underthe taw. This document was produced by AIA soilware at 11:33:24 on t0/30/2006 under Order No.7000240782_t which expires on 51302007, and is not for resets. User Notes: (2t3839GI70) § 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; § 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 4; and § 6,3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. § 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. § 8 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working ar within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Pazagraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be agplicable. § 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. § 11 When this Bond has been famished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond sha[I be construed as a statutory bond and not as a common law bond. § 12 DEFINRIONS § 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. § 12.3 Contractor Default: Failure of the Contractor, which has neither been rer~died nor waived, to perform or otherwise to comply with the terms of the Construction Contract. § 12.4 Owner Default; Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Constntction Contract or to perform and complete or comply with the other terms thereof. AIA Document A392TM -1984. Copyrtgiat ~ 7954 by The American Institute of Architects. All rights reservod. WARNING: This AIAa Document to protected by U.S. Copyright taw and h-temationai Treaties. tinauttwrfzed reproduction or dlstrihuNon of this AIA' Document, or any portion of it, 3 may result In savers civil and crimir~a! pernkks, and will be prosecuted to the maximum extert posaibk under the taw. This document was produced by A!A software at 1133:24 on 10/30/200Fi under Order No.1a00240752_,1 which expires on 5/30/2Un7, and is not for resale. User Notes: {2135396770) § 13 MODIFICATIONS TO THIS BOND AREAS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR A5 PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title. Name and Tit]e: Address: Address: A!A Document A312'~ - 1884. Copyright ®1984 by The American Institute of Architects. All rights reserved. WARNING: Thia A!A° Document Is protected by U.S. Copyright Law artd infematbnal Treatise. Unauthorized r~roduction or distribution of this AtA° Document, ar any portlon of it, 4 may result in severe ctvfl snd criminal penalties, and wi116e prosecuted to the maxirnurn extent passible under the law. TAis document was produced by AIA soitvuare at 11:33:24 on 1 0 /3 012 006 under Ardor Na.1000240782_1 which expires on 5190/2007, and is not for rosafe. User Notes: (2136396770) Payment Bond CONTRACTOR2 (Name and Address): OWNER (Name and Address): CONSTRUCTION CONTRACT Date: Amount; Description (Name andT.ocataon): BOND Date (Not earlier than Construction Contract Date): Amount: Modifications to ties Bond: ~~ None CONTRACTOR AS PRlNCfPAL Company: (Corporate Sead) Signature: Signature: Name and Title: Name and Title: (Any additional signatures appear on the last page) (FOR INFORMATION ONLY -Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): SURETY (Name and Principal Place of Business): See Last Page SURETY Company; (Corporate Sead) AIA Document A3t 2~N -1980. Copyright da 1984 by The American institute of Architects. Ail rights reserved. WARNING: This AiAe Dooument is protected by U.S. Copyright t.aw and tntmnatlonal Treaties. Unauthorized reproduction or disb~i6ution of this AIA° Document, or any portion of tt, may result In severe ehrtl and criminal penalties, and watt he prosecuted to the mezhmaa extent possible under the law. This document was produced by AIR sokware at t t :3324 on Y tY30/2006 wdor Order No.100024D792 1 which expires on 513tY20o7, arrd Is net for resale. user Notes: (2i 30396770 § 1 The Contractor and the Surety, jointly and severally bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. § 2 With respect to the Owner, this obligation shall be null and void if the Contractor; § 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and § 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Section 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. § 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. § 4 The Surety shall have no obligation to Claimants under this Bond until: § 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Section 12) and sent a copy, or notice thereof, to the Owner, staling that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. § 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Section 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. § 3 If a notice required by Section 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. § 6 When the Claimant has satisfied the conditions of Section 4, the Surety shall promptly and at the Surety's expense take the following actions: § 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are >.mdisputed and the basis for challenging any amounts that are disputed. § 6.2 Pay or strange for payment of any undisputed amounts. § 7 The Surety's total obligation shall not exceed the amount of this Band, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 6 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the perfnrrnance of the Coastructiort Contract and to satisfy claims, if any, under any Constmction Performance Band. By the Contractor furnishing slid the Owner accepting this Solid, they agree that all funds earned by the Contractor in the performance of the ConstnJCtion Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of tht; work. § 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of say Claimant under this Bond, and shat] have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have ob'ligatiotts to Claimants nnder this Bond. AtA Document A3t2r~ -1984. Copyright ®1884 by'iha American tnsdtute of Architects. Ail rights reserved. WARNING: This AlA~ Document le protected by U.S. Copyrlpht tew end hrtemetiottal Tn;etles. Unauthorized reproduction or dlatributton of this IUA° Document, or eny portion of it & may tessk fn severe eiv8 and criminal penattles, end will be prosecuted tc the mexlmtmt extent posaibfe under the law. Tttis documeirt was produced (ry A!A saRware at i 1 X324 on i 0/36/2006 under Order No.10002d0782_1 which expires on 5/3tU20n7, antl is not for resale. User Notes: (2 t 36386770) § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contractor to related subcontracts, purchase orders and other obligations. § 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Section 4.1 or Section 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (]) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of ]imitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be trailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the Iocation where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 151}EFINITIONS § 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oii, gasoline, telephone service or rental equipment used in the Construction Contract, azchitectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. § 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. § 16 MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: ~~~~ i`lame and Title: Name and Title: Address: Address: AIA Document A31271" -1984. Copyright ®1964 by The American Institute of Architects. Alt rights reserved. WARNING: This AIA~ Document is protected by U.S. Copyright Law and intemationat Treaties. Unauthorized raproductton or distribution of this AJAR Document, or any portion of it, 7 may result in severe civA and criminai penalties, and wiN He prosecuted to the maximum extent possitNe under the law. This doctmrent was produced by AIA sattware at 11:33:24 on 10/30/2006 under Order Nc.100024078~i which expires on 5r30/200T. and is not for resale. User Notes: (2f 3633fi7T01 Supplementary Conditions These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract and other provisions of the Contract Documents as indicated below. All pro- visions, which are not so amended or supplemented, remain in full force and effect. SC-2.03 Section 2 03 -Commencement Of Contract Times; Notice To Proceed Delete paragraph 2.03.A of the Standard General Conditions in its entirety and insert the following in its place: A. The Contract Times will commence to run on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. SC-4.02 Section 4.02 -Subsurface And Physical Conditions Add the following paragraphs to Standard General Conditions Section 4.02: C. The logs of any available soundings, borings, rock cores, and other subsurface data, if secured in behalf of the OWNER, are for the convenience of the CONTRACTOR. Such data (1) are made available in good faith solely for the purpose of supplementing the CONTRACTOR's own investigation, (2) have been utilized for general design purposes only and may not be indicative of all subsurface conditions that may be encountered, (3) may be inadequate for purpose of preparing a bid, and (4) are in no event to be contractually considered a part of the Contract Documents. The making available of these subsurface data to Bidders is not intended to relieve them from their responsibility to familiarize themselves with the subsurface conditions in accordance with the requirements of Article 4 of the Instruction to Bidders. The boring logs, soil samples, and other subsurface information will not be interpreted by the OWNER or the ENGINEER, or the boring CONTRACTOR. The CONTRACTOR's interpretation of such data will be solely according to his own judgment, and he acknowledges that he is not to rely upon the same as accurately describing the subsurface conditions which may be found to exist. D. The CONTRACTOR shall perform such borings, soundings, test pits excava- tions, seismic and geotechnical investigations as may be required to become informed as to surface and subsurface water conditions, rock and other materials which may be encountered, prior to submitting a bid. The CONTRACTOR acknowledges that he assumes all risk contingent upon the nature of the subsur- face conditions to be actually encountered in performing the work covered by the contract, even though such actual conditions may be of an unusual nature, differ- ing materially from those ordinarily encountered or may result in the CONTRACTOR performing more or less work than he originally anticipated. E. Should the CONTRACTOR encounter subsurface and/or latent conditions at the site materially differing from those shown on the Plans and indicated in the Specifications, written notice of such conditions shall be immediately given to the ENGINEER and, before they are disturbed, the ENGINEER shall promptly inves- tigate the conditions and if he finds that a change in design andlor specifications 00810-1 is necessary and such change is implemented, any increase or decrease of cost resulting from such changes are to be adjusted in the manner provided herein for adjustments as to extra and/or additional work and changes. The provisions of this Section are not to be construed as an indication that, where rock excavation is not a pay item but is included in the unit bid prices for pipe and structures, there would be additional payment for rock excavation be- cause of subsoil conditions found to be different. Where the unit bid prices for pipe and structures include the cost of rock excavation, there will be no deduction in payments or additional payments to the Contract for rock levels found to vary from the depths indicated or implied. SC 4.04 Section 4.04 -Underground Facilities Add the following paragraphs to Standard General Conditions Section 4.04: C. The CONTRACTOR shall be required to fully inform himself concerning the loca- tion of public or private facilities and structures on, under, or over the project, which may interfere with proposed operations. It shall be assumed that the Bid was prepared and the Contract entered into with the CONTRACTOR's full under- standing of the conditions to be encountered, and responsibilities in connection therewith. From investigations and field surveys, the location of such facilities and structures as have been brought to the attention of the ENGINEER are indi- cated on the Drawings, but the location of water, electric, gas, sewer, telephone lines, etc., and the nature of materials is not guaranteed. The indication on the Drawings of such facilities shall not be assumed to relieve the CONTRACTOR of any responsibility with respect thereto; neither shall the OWNER or the ENGI- NEER be held responsible for any omission or failure to give notice to the CONTRACTOR of any other facility or structure, on, under, or over the project, or the presence of rock or unsuitable material. D. The CONTRACTOR shall notify all utilities through the Dig Safely New York at (800) 962-7962 at least two days prior to any excavation so that each utility can mark or locate their respective lines for the CONTRACTOR. E. The CONTRACTOR shall indicate that he has notified all utilities by supplying to the ENGINEER the serial or code numbers received from the respective utility. SC 5.03 Section 5.03 -Certificates Of Insurance Add the following paragraph to Standard General Conditions Section 5.03: F. The limits of liability for the insurance required by paragraph 5.03 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations. 1. Workmen's Compensation and Employers Liability -Statutory 2. Comprehensive General Liability A. Bodily Injury (including completed operations and products liability). $2,000,000 Each Person $2,000,000 Each Occurrence 00810-2 B. Property Damage (including explosion, collapse, and underground coverages) $2,000,000 Each Occurrence $2,000,000 Annual Aggregate C. Personal Inju ry (with employment exclusion deleted) $2,000,000 Annual Aggregate 3. Comprehensive Automobile Liability -Bodily Injury $1,000,000 Each Person $1,000,000 Each Occurrence 4. Property Damage $1,000,000 Each Occurrence 5. Umbrella Liability $2,000,000 Each Occurrence C. The CONTRACTOR shall provide liability coverage covering the obligations of the OWNER and ENGINEER. This may be accomplished by an endorsement of the CONTRACTOR's comprehensive liability policy including the above as additional insureds or by providing a separate protective liability policy. SC 5.05 Section 5.05 -Owner's Liability Insurance Delete subparagraph A of section 5.05 of the Standard General Conditions in its entirety and insert the following in its place: A. The CONTRACTOR shall provide liability coverage covering the obligations of the OWNER and ENGINEER. This may be accomplished by an endorsement of the CONTRACTOR's Comprehensive Liability Policy naming the parties above as "additional insured" or by providing a separate Protective Liability Policy. SC 6.02 Labor; Working Hours Add the following paragraph to Standard General Conditions Section 6.02: C. Unless otherwise especially permitted, no work shall be done between the hours of 8:00 p.m. and 6:00 a.m,. nor on Sunday or a legal holiday, except as necessary for the proper care and protection of work already performed. If it shall become absolutely necessary to perform work at night or on Sunday or a legal holiday, the ENGINEER shall be informed at least 24 hours in advance of the beginning of performance of such work. Only such work shall be done at night as can be done satisfactorily as determined by the ENGINEER and in a first-class manner. Good lighting and all other necessary facilities for carrying out and inspecting the work shall be provided and maintained at all points where such work is being done. SC 6.06 Concerning Subcontractors. Suppliers, and Others Add the following paragraph to Standard General Conditions Section 6.06 H. The CONTRACTOR shall perform with his own organization, contract work amount- ing #o not less than 50 percent (50%) of the original total contract price. His own organization shalt be construed to be only workmen employed and paid directly by 00810-3 the CONTRACTOR and equipment owned or rented by him without or without op- erators. SC 6.08 Permits Delete subparagraph A of Section 6.08 of the General Conditions in its entirety and insert the fol- lowing in its place: A. Attention is called to the fact that construction along, across, or beneath State, County, and municipal highway rights-of-way is subject to approval by the State, County, and Municipality and the work must be carried out in accordance with the rules, permits, regulations, and requirements of those parties having jurisdiction. SC 6.10 Taxes Delete paragraph 6.1 D A of the Standard General Conditions in its entirety and insert the following paragraphs in its place: A. The CONTRACTOR shall pay all sales, consumer, use, and other similar taxes required by the law of the jurisdiction whether the work is performed pursuant to the changes made in Section 1115 of the Tax Law by Chapters 513 and 514 of the Laws of 1974. 6. The OWNER is exempt from payment of all state and local sales and compensat- ing use taxes of the State of New York and of cities and counties on the purchase of all materials and supplies to be incorporated in and becoming an in- tegral component part of the work, structures, buildings, or real property, pursuant to the provisions of this agreement. Such taxes shall not be included in the contract price, bid, or costs to be reimbursed, as the case may be. This ex- emption does not, however, apply to tools, machinery, equipment, or other property purchased by or leased to the CONTRACTOR or a subcontractor, or to supplies, machinery, equipment and materials which, even though they are con- sumed in the performance of the Agreement, are not incorporated into the completed work. The CONTRACTOR and his subcontractor(s) shall be responsi- ble far and pay any and all applicable taxes, including sales and compensating use taxes, on such tools, machinery, equipment, or other property and upon all such unincorporated supplies and materials. C. The OWNER will furnish the required certificates of tax exemption to the CON- TRACTOR for use in the purchase of supplies and materials to be incorporated into the work. D. The CONTRACTOR, subcontractor(s) and material suppliers shah be solely re- sponsible for obtaining or delivering any and all exemption or other certificates and for furnishing a CONTRACTOR Exempt Purchase Certificate or other appro- priate certificates to al! persons, firms, or corporations #rom whom they purchase supplies, materials, and equipment for the performance of the work covered by this Agreement. 40$10-4 SC 6.12 Section 6.12 -Record Documents Add the following paragraphs to Standard General Conditions Section 6.12 B. The CONTRACTOR shall obtain from the ENGINEER one set of Contract Drawings in non-reproducible prints for the purpose of documenting "record" conditions. C. It shall be the responsibility of the CONTRACTOR to mark each sheet of the non- reproducible "Record Drawings" in red and to record thereon in a neat form, any and all approved field changes and conditions as they may occur. A complete file of record field sketches, diagrams, and other changes, as may become necessary during the progress of the work, shall also be maintained and attached to the "Record" set of Contract Drawings. At completion of the work, each sheet of "Record" prints, plus all record field sketches and diagrams shall be submitted to the ENGINEER for his review and use in establishing a basis for final payment. D. If additional drawings are required to document "record" conditions, they shall be prepared on mylar of the same size as the Contract Drawings and submitted as outlined above. SC 6.13 Safety And Protection Add the following paragraphs to Standard General Conditio~zs Section 6.13: G. The CONTRACTOR shall comply with the Department of Labor Safety and Health Regulations for construction promulgated under the Occupational Safety and Health Act of 1970 (PL 91-596) and under Section 107 of the Contract Work Hours and Safety Standards Act (PL 91-54). H. The attention of the CONTRACTOR is directed to the provisions of Section 4(b) (4) of the Occupational Safety and Health Act of 1970, as follows: "Nothing in this Act shall be construed to supersede or in any manner affect any workman's compensation law or to enlarge or diminish or affect any manner the common law or statutory rights, duties, or liabilities of employers and employees under any law with respect to injuries, diseases, or death of employees arising out of, or in the course of, employment." The CONTRACTOR shall at all times, comply with the latest applicable State Laws pertaining to the Safety of Workers in the construction field. SC-14.02 Progress Payments Add the following paragraphs to Standard Getaeral Conditions Section 14.02. E. Non-Payment for Failure to Comply with Contract Requirements OWNER and CONTRACTOR recognize the importance of completing tem- porary and permanent surface restorations in a timely manner. 008 i 0-5 2. The CONTRACTOR shall complete permanent restoration of field/lawn are- as within 30 calendar days of the initial disturbance. 3. If the CONTRACTOR does not comply with the above contract require- ments, NON-PAYMENT by the OWNER will be assessed under the appropriate bid item requiring restoration for each calendar day or part thereof after the above time frames have expired during which the tempo- rary or permanent surface restoration remains incomplete or deficient to the as determined by the ENGINEER. 4. The non-payment amount shall be Five Hundred Dollars ($500) per calen- darday and shall be deducted from the appropriate bid item. Each separate occurrence each day will be considered a separate violation and subject to a separate non-payment deduction by the OWNER. This non-payment will be a permanent deduction from the total monies paid under this contract. New Article -Provisions Required By Law Add new Article 18 -PROVISIONS REQUIRED BY LAW to the General Conditions to read as follows: ARTICLE 18 -PROVISIONS REQUIRED BY LAW 18.01 Provisions Deemed Inserted A. Each and every provision required by law to be inserted in the Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein and in the event any such provisions are not inserted or are not correctly inserted then, upon the application of either party, this Contract shall forthwith be physically amended to make such insertion or correction. 18.02 Worker's Compensation and Disability Insurance A. The CONTRACTOR will secure worker's compensation and disability benefit insur- ance for the benefit of, and keep insured during the life of the Contract, such employees as are required to be insured by the provisions of Chapter 41 of the Laws of 1914, as amended, known as the Workmen's Compensation Law, and the Disability Benefits Law, as amended. The Contract shall be void and of no effect unless the CONTRACTOR complies with the provisions of this subdivision of the Contract. 18.03 No Assignment A. The CONTRACTOR is prohibited from assigning, transferring, conveying, sublet- ting, or otherwise disposing of the Contract, or his right, title or interest therein, or his power to execute the Contract to any other person, company, or corporation without the prior consent, in writing, of the OWNER. B. If the provisions of this Section are violated, the OWNER shall revoke and annul the Contract and the OWNER shall be relieved of any and all liability and obligation 00810-6 thereunder to the CONTRACTOR or to the person, company or corporation to whom the CONTRACTOR shall assign, transfer, convey, sublet or otherwise dis- pose of the Contract, and the CONTRACTOR and such transferee shall forfeit and lose all monies theretofore earned under this Contract, except so much as may be required to pay the CONTRACTOR's employees. 18.04 Maintenance and Inspection of Records A. The CONTRACTOR shall maintain books, records, documents, and other evidence in accordance with appropriate accounting procedures and practices, directly perti- nent to the performance of the work under this Contract until the expiration of three years from the date of final payment. The OWNER, the Comptroller General of the United States, the New York State Department of Health, or any other of their duly authorized representatives shall have access to any such books, documents, pa- pers, and records for the purpose of making audit, examination, excerpts, and transcriptions. The CONTRACTOR shall preserve and make such records available during said three-year period. The CONTRACTOR's facilities and records shall also be subject to all reasonable times to inspection and audit by said agencies or repre- sentatives during the period of performances of the Contract work. 18.05 Contract Deemed Executory A. The CONTRACTOR agrees that the Contract shall be deemed executory to the ex- tent of the monies available and that no liability shall be incurred by the OWNER beyond the monies available therefor. 18.06 Non-Discrimination in Employment A. During the performance of this Contract, the CONTRACTOR agrees as follows: The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin and will take affirmative action to ensure that they are afforded equal employment opportunities without discrimination because of race, creed, color or national origin. Such action shall be taken with reference but not limited to: recruit- ment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay or other forms of compensation, and selection for training or retraining, including apprenticeship and on-the- jobtraining. 2. The CONTRACTOR will send to each labor union or representative or workers with which he has or is bound by a collective bargaining or other agreement or understanding, a notice, to be provided by the State Commis- sion for Human Rights, advising such labor union or representative of the CONTRACTOR's agreement under paragraphs A through H hereinafter called "non-discrimination clauses." If the CONTRACTOR was directed to do so by the OWNER as part of the bid or negotiation of this contract, the CONTRACTOR shall request labor union or representative to furnish him with a written statement that such labor union or representative will not dis- criminate because of race, creed, color or national origin and that such labor union or representative either will affirmatively cooperate within the limits of its legal and contractual authority, in the implementation of the policy and 00810-7 provisions of these non-discrimination clauses or that it consents and agrees that recruitment, employment, and the terms and conditions of em- ployment under this contract shall be in accordance with the purposes and provisions of these non-discrimination clauses. If such labor union or repre- sentative fails or refuses to comply with such request, that it furnishes such a statement, the CONTRACTOR shall promptly notify the State Commission of Human Rights of such failure or refusal. 3. The CONTRACTOR will post and keep posted in conspicuous places, available to employees and applicants for employment, notices to be pro- vided by the State Commission for Human Rights setting forth the substance of the provisions of Paragraph s A through B and such provisions of the State's Laws against discrimination as the State Commission for Hu- man Rights shall determine. 4. The CONTRACTOR will state, in all solicitations or advertisements for em- ployees placed by or on behalf of the CONTRACTOR, that all qualified applicants will be afforded equal employment opportunities without discrimi- nation because of race, creed, color or national origin. 5. The CONTRACTOR will comply with the provisions of the Executive Law, Human Rights Law, Article 15, will furnish all information and reports deemed necessary by the State Commission for Human Rights under these non-discrimination clauses and such sections of the Executive Law, and will permit access to his books, records, and accounts by the State Commission for Human Rights, the Attorney General, District Commissioner of Housing and Community Renewal and the Industrial Commission for Purposes of in- vestigation to ascertain compliance with these non-discrimination clauses of the Executive Law, Human Rights Law, Article 15. 6. This contract may be forthwith canceled, terminated, or suspended, in whole or in part, by the OWNER upon the basis of a finding made by the State Commission for Human Rights that the CONTRACTOR has not complied with these non-discrimination clauses, and the CONTRACTOR may be de- clared ineligible for future contracts made by or on behalf of the State of a public authority or agency of the State or housing authority, or an urban re- newal agency, or contracts requiring the approval of the Commissioner of Housing and Community Renewal; until he has satisfied the State Commis- sion for Human Rights after conciliation efforts by the Commission have failed to achieve compliance with these non-discrimination clauses and after a verified complaint has been filed with the Commission, notice thereof has been given to the CONTRACTOR and an opportunity has been afforded him to be heard publicly before three members of the Commission. Such sanctions may be imposed and remedies invoked independently of or in ad- dition to actions and remedies otherwise provided by law. 7. If this contract is canceled or terminated under paragraph F, in addition to other rights of the OWNER provided in this contract upon its breach by the CONTRACTOR, the CONTRACTOR will hold the OWNER harmless against any additional expenses or costs incurred by the OWNER in com- pleting the work or in purchasing the surfaces, materials, equipment, or supplies contemplated by this contract, and the OWNER may withhold 00810-8 payments from the CONTRACTOR in an amount sufficient for this purpose and recourse may be had against the surety on the Performance Bond if necessary. 8. The CONTRACTOR will include the provisions of paragraphs A through G in every subcontract or purchase order altered only to reflect the property identity of the parties in such a manner that such provisions will be binding upon each subcontractor or vendor as to operations to be performed within the State of New York. The CONTRACTOR will take such actions in enforc- ing such provisions of such subcontract or purchase order as the OWNER may direct; including sanctions or remedies for non-compliance. If the CONTRACTOR becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of such direction by the OWNER, the CONTRACTOR shall promptly so notify the attorney general, requesting him to intervene and to protect the interest of the State of New York. NEW ARTICLE -ATTACHMENTS TO CONTRACT CONDITIONS Add new Article 19 -ATTACHMENTS TO CONTRACT DOCUMENTS to the General Conditions to read as follows: ARTICLE 19 -ATTACHMENTS TO CONTRACT DOCUMENTS 19.01 Schedules of Minimum Wage Rates A. Included at the end of these Supplementary Conditions (as Exhibit 19.01 A) is a set of minimum wage rates from the New York State Department of Labor covering work performed under this project. The CONTRACTOR is responsible to review these wage rates and will be responsible to pay the wages listed for each task em- ployed. Refer to the end of these supplementary conditions for the schedule of federal wage rates. In the case of a conflict between the two wage rate schedules, payment shall be made at the higher rate. B. The labor on this contract shall be performed in all respects in full accordance with the Labor Law of the State of New York. In accordance with Section 220, Subdivi- sion 3, and Section 220-D, of the Labor Law, the Industrial Commissioner has designated as the minimum hourly rates to be paid to paid to employees on this work the rates shown on the schedule included in these Supplementary Conditions, which shall be posted in a prominent and convenient place for the inspection of the CONTRACTOR's employees. C. Article 8, Section 220 of the Labor Law, as amended by Chapter 750 of the Laws of 1956, provides, among other things, that it shall be the duty of the fiscal officer to make a determination of the schedule of wages and supplements to be paid to al! laborers, workmen, and mechanics employed on public work projects. the amount of supplements listed on the enclosed schedule does not necessarily include all types of prevailing supplements. D. The CONTRACTOR shall make provisions for disability benefits, workmen's com- pensation, unemployment insurance, and social security as required by law. 00810-9 E. Article 8 of the New York State Labor Law was amended on July 15, 1983 to pro- vide that wages for public projects are to be paid pursuant to the existing bargaining agreement in the area where work is to be performed. Wages are to be paid on this project as herein set forth or pursuant to the collective bargaining agreement in ef- fect and the federal wage rates, whichever is higher. 19.02A Standard Clauses for New York State Contracts A. Included at the end of these Supplementary Conditions (as Exhibit 19.02A) is the Standard Clause for all New York State Contracts which defines the additional re- quirements for Contracts developed for this Project. 19.03A Clause Required by Office of Parks, Recreation and Historic Preservation A. Included at the end of these Supplementary Conditions (as Exhibit 19.03A) is the Clause Required by Office of Parks, Recreation and Historic Preservation which de- fines the additional requirements for Contracts developed for this Project. 19.048 Equal Employment Opportunity Policy Statement A. Included at the end of these Supplementary Conditions (as Exhibit 19.04A) is the Equal Employment Opportunity Policy Statement which defines the EEO policy for this Project. The CONTRACTOR will be required to sign this Statement as part of the Contract requirements. 19.05 Minority & Women-Owned Business Enterprise Utilization Program A. Included at the end of these Supplementary Conditions (as Exhibit 19.05A) is a list- ing of the MWBE Utilization Program List of Subcontractors and Suppliers. In addition, a listing of State-certified MWBEs is provided. 19.06 Stormwater Pollution Prevention Plan A. The Stormwater Pollution Prevention Plan (SWPPP) has been prepared for this project and is included as part of the Contract Documents as Exhibit 19.06A. The CONTRACTOR shall be required to sign the SWPPP and conform to its require- ments. 00810-10 TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 PROJECT COMPLETION PROCEDURES 01027-1 PART 1 -GENERAL 1.1 SUMMARY A. Section Includes: 1. Completion procedures. 1.2 CONTRACT CONDITIONS A. See the conditions of the contract for additional requirements. B. Payments may be withheld if the CONTRACTOR fails to make dated submittals within the time periods specified. 1.3 DEFINITIONS A. Final Completion: The stage at which all incomplete and incorrect work has been completed or corrected in accordance with the contract documents. B. List of Incomplete and/or Unacceptable Work: A comprehensive list of items prepared by the CONTRACTOR and reviewed by the ENGINEER, to be completed or corrected, by the CONTRACTOR prior to obtaining certification of substantial completion. This list is also referred to as a "punchlist." 1. The ENGINEER will not inspect the work until receiving and reviewing the list of incomplete and/or unacceptable work from the CONTRACTOR. C. Substantial Completion: The time at which the work, or a portion of the work which the OWNER agrees to accept separately, is sufficiently complete in accordance with the contract documents so that the OWNER can occupy or use the work for its intended purpose. PART 2 -PRODUCTS (NOT USED) PART 3 -EXECUTION 3.1 SUBSTANTIAL COMPLETION PROCEDURES A. Request for inspection and application for payment may coincide. B. The ENGINEER will perform inspection for substantial completion, upon request of the CONTRACTOR. 1. When issuance of several certificates of substantial completion for portions of a single prime contract is authorized by the OWNER, the above provisions apply separately to each separate portion. C. Do not submit request for inspection for substantial completion until the following activities have been completed: 1. Delivery of maintenance materials and tools. 2. Demonstration of all equipment and systems. 3. Removal of temporary facilities. 4. Changeover to permanent locking systems. 5. The OWNER has been informed of necessary procedures for changing over insurance coverages. TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 PROJECT COMPLETION PROCEDURES 01027-2 6. The OWNER has been informed of procedures for changing over operation, maintenance, security, etc. 7. The OWNER has received occupancy and operating permits from authorities having jurisdiction. 8. All activities specified to occur prior to substantial completion. D. Do not submit request for inspection for substantial completion until the following submittals have been completed: 1. List of incomplete work. 2. Warranties. 3. Maintenance agreements. 4. Operation and maintenance data. 5. All submittals specified to occur prior to substantial completion. E. Submit the following with application for payment at substantial completion: 1. CONTRACTOR's affidavit of release of liens. 2. Request for reduction or release of retainage. 3. Consent of surety to reduction in or partial release of retainage. 4. Other data required by the contract documents. 3.2 FINAL COMPLETION PROCEDURES A. Request for final inspection and final application for payment may coincide. B. The ENGINEER will perform inspection for final completion, upon request of the CONTRACTOR. 1. Submit the following with request for inspection: a. Previous inspection lists indicating completion of all items. b. If any items cannot be completed, obtain prior approval of such delay. C. Submit the following with the final application for payment: 1. Certified copy of the previous list of items to be completed or corrected, stating that each has been completed or otherwise resolved for acceptance. 2. Updated final statement, accounting for final changes to the contract sum. 3. Consent of surety to final payment. 4. CONTRACTOR's affidavit of payment of debts and claims. 5. Description of unsettled claims. 6. Project record documents. 7. Other data required by the contract documents. END OF SECTION TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 MODIFICATION PROCEDURES 01028-1 PART 1 -GENERAL 1.1 SECTION INCLUDES A. Administrative and procedural requirements for handling and processing Contract modifications. 1.2 MINOR CHANGES IN THE WORK A. Supplemental instructions authorizing minor changes or clarifications of the Work, not involving an adjustment to the Contract Sum or Contract Time, will be issued by the ENGINEER. 1.3 CHANGE ORDER PROPOSAL REQUESTS A. Owner-Initiated Proposal Request: Proposed changes in the Work that will require adjustment to the Contract Sum or Contract Time will be issued by the ENGINEER, with a detailed description of the proposed change and supplemental or revised Drawings and Specifications, if necessary. 1. Proposal requests issued by the ENGINEER are for information only. Do not consider them an instruction either to stop work in progress, or to execute the proposed change. 2. Unless otherwise indicated in the proposal request, within 10 days of receipt of the proposal request, submit to the ENGINEER for the OWNER's review an estimate of cost necessary to execute the proposed change. The response shall include the following items as a minimum. a. The amount of change in the Contract Sum. b. The amount of change in the Contract Time. c. Quantities and unit costs of products, labor, and equipment. d. Applicable delivery charges, equipment rental, trade discounts, taxes, insurance and bonds. e. Overhead and profit. f. The period of time within which the proposed changes in the Contract Sum or Contract Time will be valid. g. A statement describing the effect the change may have on the work of other prime contractors. B. Contractor-Initiated Change Order Proposal Request: When latent or other unforeseen conditions require modifications to the Contract, the CONTRACTOR may propose changes by submitting a request for a change to the ENGINEER. 1. Include a statement outlining the reasons for the change and the effect of the change on the Work. Provide a complete description of the proposed change. Indicate the effect of the proposed change on the Contract Sum and the Contract Time. 2. Provide all the information required for the CONTRACTOR's response to an Owner-Initiated Proposal Request. TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 MODIFICATION PROCEDURES 01028-2 1.4 CONSTRUCTION CHANGE DIRECTIVE A. When the OWNER and CONTRACTOR are not in total agreement on the terms of a Change Order Proposal Request, the ENGINEER may issue a Construction Change Directive instructing the CONTRACTOR to proceed with a change in the Work, for subsequent inclusion in a Change Order. B. The Construction Change Directive will contain a complete description of the change in the Work and designate the method to be followed to determine change in the Contract Sum or Time. C. CONTRACTOR shall maintain detailed records on a time and material basis of work required by the Construction Change Directive. After completion of the change, submit an itemized ac-count and supporting data necessary to substantiate cost and time adjustments to the Contract. 1.5 CHANGE ORDER PROCEDURES A. Upon the OWNER's approval of a Change Order Proposal Request, the ENGINEER will issue a Change Order for signatures of the OWNER and CONTRACTOR. END OF SECTION TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 SURVEYS AND PERMITS 01052-1 PART 1 -GENERAL 1.1 SURVEYS A. From the information provided on the Contract Drawings, the CONTRACTOR shall verify benchmarks and develop and make all detail surveys needed for construction. B. The CONTRACTOR shall set and maintain all intermediate points, lines, grades, and elevations and provide slope stakes, offset stakes, batter boards, stakes for pipe locations and other such items as required, all at his own expense. The CONTRACTOR shall prepare grade letters and cut sheets for sewer lines and shall furnish copies to the ENGINEER in advance of construction of the sections of the sewer for which such grade letters and cut sheets are prepared. The accuracy of the CONTRACTOR's survey and paper work is the sole responsibility of the CONTRACTOR, and the furnishing of data to the ENGINEER does not constitute a transfer or responsibility for checking. 1.2 PERMITS A. The CONTRACTOR shall secure all necessary permits in connection with the performance of its work including all building and temporary construction permits required of his equipment, work force, or particular operation and shall pay all municipal and other fees in connection therewith, and shall furnish at its expense any and all bonds and cash or other deposits required by law or required by any lawful body having the right to make demand therefor. END OF SECTION TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 CODES AND STANDARDS 01060-1 PART 1 -GENERAL 1.1 CODES, STANDARDS, AND SPECIFICATIONS A. Whenever reference is made to any published standards, codes, or standard specifications, it shall mean the latest standard code, specification, or tentative specification of the technical society, organization or body referred to, which is in effect on the date shown on the Drawings, except where a specific date of a standard or code is specified. Where specified articles, sections, paragraphs, or other subdivisions of the referenced publications are not stated, the referenced publication shall apply in full, except where specifically noted otherwise. 1.2 ABBREVIATIONS -ORGANIZATIONS The following is a partial list of abbreviations which may be used in the specifications and the organizations to which they refer: AAN AMERICAN ASSOCIATION OF NURSERYMEN AASHTO AMERICAN ASSOCIATION OF STATE HIGHWAY AND TRANS- PORTATION OFFICIALS ACI AMERICAN CONCRETE INSTITUTE AGA AMERICAN GAS ASSOCIATION AIA AMERICAN INSTITUTE OF ARCHITECTS AISC AMERICAN INSTITUTE OF STEEL CONSTRUCTION AISI AMERICAN IRON AND STEEL INSTITUTE ANSI AMERICAN NATIONAL STANDARDS INSTITUTE ASA AMERICAN STANDARDS ASSOCIATION ASCE AMERICAN SOCIETY OF CIVIL ENGINEERS ASHRAE AMERICAN SOCIETY OF HEATING, REFRIGERATING AND AIR CONDITIONING ENGINEERS ASTM AMERICAN SOCIETY FOR TESTING AND MATERIALS AWPA AMERICAN WOOD PRESERVERS' ASSOCIATION AWS AMERICAN WELDING SOCIETY AWWA AMERICAN WATER WORKS ASSOCIATION CMB CERTIFIED BALLAST MANUFACTURERS DEC NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION EPA U.S. ENVIRONMENTAL PROTECTION AGENCY (USEPA) ETL ELECTRICAL TESTING LABORATORIES, INC. FM FACTORY MUTUAL LABORATORIES FmHA FARMERS HOME ADMINISTRATION, U.S. DEPARTMENT OF AGRICULTURE IEEE INSTITUTE OF ELECTRICAL AND ELECTRONICS ENGINEERS MBFU NATIONAL BOARD OF FIRE UNDERWRITERS NEC NATIONAL ELECTRICAL CODE NEMA NATIONAL ELECTRICAL MANUFACTURERS ASSOCIATION NFPA NATIONAL FIRE PROTECTION ASSOCIATION OSHA U.S. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION SCS U.S. SOIL CONSERVATION SERVICE UL UNDERWRITERS LABORATORIES, INC WWPA WESTERN WOOD PRODUCTS ASSOCIATION TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 CODES AND STANDARDS 01060-2 END OF SECTION TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 SUBSTITUTIONS 01140-1 PART 1 -GENERAL 1.1 SUBSTITUTIONS A. Reference: Instruction to Bidders. B. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment or construction method (non-base bid items), he shall make written application to the OWNER within thirty (30) days after execution of the Contract, certifying that the proposed substitute will perform adequately the functions called for by the general design, be similar and of equal substance to that specified and be suited to the same use and capable of performing the same function as that specified. Requests for review of substitute items of material and equipment will not be accepted by the OWNER from anyone other than the CONTRACTOR. C. The CONTRACTOR shall submit six (6) copies of requests for substitution, including base bid items. Include in the request the following: 1. Complete data substantiating compliance of proposed substitution with Contract documents. 2. Indication whether or not incorporation or use of the substitute in connection with the work is subject to payment of any license fee or royalty. 3. For products: a. Product identification, including manufacturer's name and address. b. Manufacturer's literature with product description, performance and test data, and reference standards. c. Samples. d. Name and address of similar projects on which product was used, date of installation, and product performance and maintenance records. e. For Construction Methods: f. Detailed description of proposed method. g. Drawings illustrating methods. 4. Itemized comparison of proposed substitution with product or method specified. 5. Data relating to changes in construction schedule. 6. Relation to separate contracts, if any. 7. Accurate cost data on proposed substitution in comparison with product or method specified. D. In making request for substitution, CONTRACTOR represents: 1. He has personally investigated proposed product or method, and determined that it is equal or superior in all respects to that specified. 2. He will provide the same or better guarantee for substitution as for product or method specified. 3. He will coordinate installation of accepted substitution into work, making such changes as required in all respects. 4. He waives all claims for additional costs related to substitution that consequently become apparent. 5. Cost data is complete and includes ail related costs under this Contract. E. Substitutions will not be accepted if: 1. They are only shown or implied on Shop Drawings. 2. Acceptance will require substantial revision of Contract Documents. 3. Substitutions would change design concepts or specifications. 4. Substitutions would delay completion of the work. TOWN OF WAPP-NGER ROBINSON LANE BASEBALL FIELD 11412.07 SUBSTITUTIONS 01140-2 5. Substitutions involve items for which a manufacturer was declared at time of bidding. F. The OWNER will determine whether substitute brands or products are equal to those specified in the Contract Documents. No substitute will be ordered or installed without the OWNER's prior written acceptance. G. The OWNER may require the CONTRACTOR to furnish at the CONTRACTOR's expense a special performance guarantee or other surety with respect to any substitute. H. If the OWNER determines that a substitute is not equal to that named in the Specifications, the CONTRACTOR shall furnish one of the brands or products specified, at no additional cost to the OWNER. Engineering Costs 1. The OWNER will record all time required in evaluating substitutions proposed by CONTRACTOR and in making any change in the drawings or specifications occasioned thereby. Whether or not the OWNER accepts a proposed substitute, the CONTRACTOR will reimburse the OWNER for the actual costs of the OWNER for evaluating any proposed substitute which either does not meet the requirements of the drawings and specifications, or the acceptance of which would require changes to other portions of the work. 2. CONTRACTOR shall reimburse OWNER for all associated engineering costs, including redesign, additional shop drawing reviews, investigations, consultant fees and revision of the Contract Documents required because of the substitution. J. The time required by the OWNER to evaluate and either accept or reject proposed substitutes is included in the contract time and no extension of contract time shall be allowed therefor. END OF SECTION TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 SUBMITTALS 01300-1 PART 1 -GENERAL 1.1 DESCRIPTION A. This section generally describes the types of submittals required during construction procedures for making submittals, the preparation of submittals and the times submittals are required. B. Additional submissions are required by the Instructions to Bidders and the General Conditions. Such submittals generally include such things as Bids and Bidding Documents, insurance policies, certification of bond and insurance coverage, Applications for Payment, requests for Change Orders, guarantees, permits, certifications and documents required by federal, state, and local authorities, submissions required by utility companies and other persons, firms, or organizations and other such submittals. C. The requirements of this Section are general in nature and basically apply to all Sections of the Specifications. Additional submissions and more specific requirements on submissions are contained in the various Specification Sections. In each individual Section, no attempt was made to cover or repeat the submissions contained in this Section and, therefore, the total of all submissions required are the combination of those described in this Section plus those specified in the various other Sections. 1.2 IDENTIFICATION OF SUBMITTALS A. Completely identify each submittal and resubmittal by providing at least the following information denoted on the cover sheet at the end of this section. 1. Name of Project 2. Name, address, and telephone number of CONTRACTOR and CONTRACTOR's stamp of approval, indicating that the submission has been thoroughly checked by CONTRACTOR for conformance and fit. 3. Name, address, and telephone number of individual, firm, or organization who will be doing the fabrication, supplying or manufacturing of equipment and materials and the name of the individual who may be contacted for further information. 4. Drawing number and Specification Section number to which submittal applies. 5. The location, service, equipment designation and other information to specifically indicate the item for which approval is requested. 6. Whether it is an original submittal (first submission) or a resubmittal (second, third, etc., submission). Submissions not containing the above will be returned to CONTRACTOR, unreviewed by ENGINEER. 1.3 COORDINATION OF SUBMITTALS A. Prior to submitting to ENGINEER, fully coordinate all inter-related work. As a minimum, do the following: TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 SUBMITTALS 01300-2 Determine and verify all field dimensions and conditions, materials, catalog numbers and similar data. 2. Coordinate with all trades, subcontractors, other contractors, public agencies, and utility companies and secure all necessary approvals, in writing. 3. Clearly indicate any deviations from the Contract Documents. B. Make submittals in groups containing all associated items which in some way depend upon each other. This also applies to color charts, as one color may not be able to be selected without the selection of other colors so as to form color coordinated group. ENGINEER may elect not to review partial, incomplete submissions, whereupon he will notify CONTRACTOR of the additional submissions which are required before a review can be made. 1.4 TIMING OF SUBMITTALS A. Make submittals far enough in advance of scheduled dates of installation to provide time for reviews, for securing necessary approvals, for possible revisions and resubmittals, and for placing orders and securing delivery. The ENGINEER will review submittals in a manner as expedient as possible, however, no representation is made as to the amount of time which will be utilized far review. B. Submissions may be returned unreviewed, rejected for several reasons, approved conditioned upon submission of related items or for other reasons set forth in the Contract Documents. C. Make submissions well in advance as the returning, rejecting, or disapproval of submissions or other similar circumstances are possible and are deemed "avoidable delays" as defined in the General Conditions. Costs for these delays or those attributed to CONTRACTORSs tardiness is making submittals shall be borne by the CONTRACTOR. 1.5 DESTINATION OF SUBMITTALS A. Unless otherwise specified, six (6) copies of every submission shall be sent to the ENGINEER's office as follows: Clark Patterson Lee 186 North Water Street Rochester, New York 14604 1.6 CLARITY OF SUBMITTALS A. All printed materials shall be neat, clean, clear, and legible, and of such quality that they can be easily reproduced by normal photocopying or blueprinting machines. Copies not conforming to this paragraph may be returned to the CONTRACTOR, unreviewed. 1.7 CONTRACTOR'S REPRESENTATION A. By making a submission, CONTRACTOR represents that he has determined and verified all field measurements, field construction criteria, materials, catalog numbers, and similar data, and that he has checked and coordinated each submission with other contracts at or TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 SUBMITTALS 01300-3 adjacent to the project site and with the requirements of the Contract Documents. CONTRACTOR wilt sign and date each submittal certifying that it complies with the requirements of the Contract Documents. 1.8 ENGINEER'S REVIEW A. ENGINEER will review and comment on each submission conforming to the requirements of this Section. ENGINEER's review and comments shall be considered as a gratuitous service, given as assistance in interpreting the requirements of the Contract, and in no way shall it relieve CONTRACTOR of any of his responsibilities under the Contract. ENGINEER's review will be only for conformance with the design concept of the project and will be confined to general arrangement and compliance with the Contract Document only, and will not be for the purpose of checking dimensions, weights, clearances, fitting, tolerances, interferences, or coordination of trades or contractors. The approval of a separate item does not represent approval of an assembly in which the item functions. B. Submittals will be marked as follows: NO EXCEPTION TAKEN: The content of this submittal has been reviewed by the ENGINEER and then found to be in general compliance with the Contract Documents. No further submission of this submittal is required, and the information contained in the submittal may be built into the work in accordance with the terms and conditions of the Contract Documents. FURNISH AS CORRECTED: The content of this submittal has been reviewed by the ENGINEER and has been found in general to be in compliance with the Contract Documents. The notations made on the submittal, by the ENGINEER, shall be incorporated into the work in accordance with the terms and conditions of the Contract Documents. No further submission of this submittal is required. REVISE AND RESUBMIT: The content of this submittal has been reviewed by the ENGINEER, and this review has indicated that additional data and/or modifications to the submitted data or other changes are required to bring the work represented in this submittal into compliance with the Contract Documents. This submittal shall be reviewed and marked in accordance with the ENGINEER's comments, by the CONTRACTOR, and resubmitted to the ENGINEER for another review. The information contained on the resubmittal shall not be incorporated into the work until the drawing is returned to the CONTRACTOR with a "No Exception Taken" or "Furnish as Corrected" stamp. REJECTED -SEE REMARKS: The content of this submittal has been reviewed by the ENGINEER, and this review has indicated that the work displayed in the submittal is not in compliance with the Contract Documents. The CONTRACTOR shall submit another submittal for this portion of the work, which complies with the Contract Documents. RECEIVED: This submittal is accepted on the Project and filed for record purposes only, in accordance with the terms and conditions of the Contract Documents. C. No payment will be made on any item for which a submission is required if such submission: 1. Has not been made, 2. Has been made but not stamped "No Exception Taken" by ENGINEER, TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 SUBMITTALS 01300-4 3. Has been made and stamped "Furnish As Corrected", but CONTRACTOR has not complied with ENGINEER's notes marked on the submittal, 4. Has been made and stamped "No Exception Taken", but actual item provided does not conform to the shop drawing nor to the Contract Documents. 1.9 RESUBMISSIONS A. Prepare new and additional submissions, make required corrections, and resubmit corrected copies until approved. On or with resubmittals, clearly describe revisions and changes made, other than the corrections requested by ENGINEER, which did not appear on the previous submissions. 1.10 CONTRACTOR'S RESPONSIBILITIES A. ENGINEER's approval of submittals shall not relieve CONTRACTOR of responsibility for any deviation from the requirements of the Contract Documents unless CONTRACTOR has informed ENGINEER, in writing, of such deviation at the time of submission and ENGINEER has given written approval to the specific deviation, nor shall ENGINEER's approval relieve CONTRACTOR from responsibility for errors or omissions in the submittals. B. No portion of the work requiring a submission shall be commenced until the submission has been approved by ENGINEER. PART 2 -PRODUCTS AND MATERIALS - If Applicable 2.1 SCHEDULE OF VALUES A. At least fifteen days prior to the first Application for Payment, submit to ENGINEER a schedule of values for various portions of the work, including quantities aggregating the to- tal Contract Price, and supported by such data to substantiate its correctness as ENGINEER may require. Each item in the schedule of values shall include its proper share of overhead and profit. This schedule, when approved by ENGINEER, shall only be used as a basis for CONTRACTOR's Applications for Payment. No payments will be made to CONTRACTOR until such Schedule has been submitted and approved by ENGINEER. B. On "unit price" items, the schedule of values shall contain unit prices for various stages of work, such as restoration of surfaces broken down into paved, unpaved, and other types of areas to be restored. C. On "per each" ar "lump sum" items, break prices down sufficiently to provide a convenient and realistic means for determining the amount of work done during various stages of progress. D. Where prices are not broken down sufficiently to accurately determine the value of work completed, ENGINEER will estimate the value of the work completed and will deduct some amount so as to arrive at a conservative value which will allow OWNER to easily complete the work with the unpaid balance. When the required detail in the Schedule of Values is not provided by CONTRACTOR, CONTRACTOR agrees to accept ENGINEER's determina- tions. TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 SUBMITTALS 01300-5 2.2 CERTIFICATIONS A. Submit certifications of compliance whenever required by the Specifications or ENGINEER. Certifications shall be complete and exact, they shall be properly authenticated by the written signature, in ink, of an owner, officer, or duly authorized representative of the person, firm, or organization issuing such certification, and they shall guarantee that the materials or equipment are in complete conformance with the requirements of these Specifications. Submit the "Certificate of Compliance" attached hereto, or a reasonable facsimile. 2.3 CONSTRUCTION SCHEDULE A. Within ten days after the signing of the Agreement, submit for ENGINEER's and OWNER's information, a bar chart type construction schedule showing, in detail, the proposed sequence of the work and the estimated date of starting and completing each stage of the work in order to complete the Project within the contract time. Prepare the schedule in a manner so that the actual progress of the work can be recorded and compared with the expected progress. Coordinate the construction schedule with the proposed schedules of other contractors, if any, engaged in work at, or adjacent to, the project site. B. Coordinate the work and make every effort to maintain the construction schedule. In the event actual progress begins to lag the schedule, promptly employ additional means or methods of construction to make up the lost time. C. Notity the ENGINEER in writing (1} 72 hours before commencing any work at the site, (2) at least 48 hours before resuming in the case of a temporary suspension of work. D. Keep the construction schedule current and revise and resubmit as often as necessary to accurately reflect the conditions of the work, past progress, and anticipated future progress. 2.4 SHOP DRAWINGS A. Submit shop drawings for all fabricated work, for all manufactured items and for all other items specifically required by the Specifications. Submit each shop and layout drawing to ENGINEER in the form of a reproducible transparency accompanied by a black and white print. B. After the submittal has been reviewed and the transparency annotated, ENGINEER will have three blueprints made and will keep these for his records. ENGINEER will return transparency to the CONTRACTOR. C. Submit at least six (6) copies of each standard drawing, catalog cut, or other material for which no transparency is available. If a resubmission is not required, ENGINEER will retain three copies and return the remaining three (3) copies to CONTRACTOR. D. Subcontractors must submit shop drawings directly to CONTRACTOR for checking. Thoroughly check subcontractors' shop drawings for measurements, sizes of members, details, materials, and conformance with the Contract Documents. Submittals which are found to be inaccurate or in error will be returned. Do not submit to ENGINEER until corrections have been made. TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 SUBMITTALS 01300-6 E. Clearly show the relation of the various parts, and, where the work depends upon field measurements, make measurements and include them on the shop drawings before submitting to ENGINEER. F. Provide a copy of each specific specification section for each submittal, along with ad- dendum updates included, and a{I referenced and applicable sections, with addendum updates included, with each paragraph check-marked to indicate specification compli- ance or marked to indicate requested deviations from specification requirements. Check marks (/) shall denote full compliance with a paragraph as a whole. If deviations from the specifications are indicated and, therefore requested by the CONTRACTOR, each deviation shall be underlined and denoted by a number in the margin to the right of the identified paragraph, referenced to a detailed written explanation of the reasons for re- questing the deviation. The ENGINEER shall be the final authority for determining acceptability of requested deviations. The remaining portions of the paragraph not un- derlined will signify compliance on the part of the CONTRACTOR with the specifications. Failure to include a copy of the marked-up specification sections, along with justifica- tion(s) for any requested deviations to the specification requirements, with the submittal shall be sufficient cause for rejection of the entire submittal with no further consideration. G. Reference all submissions to clearly indicate the specification section, location, service and function of each particular item. Submissions for a single item, or group of related items, shall be complete. When submitting manufacturer's catalogs, pamphlets or other data sheets, in lieu of prepared shop drawings, specifically identify in ink the items for which approval is being sought. H. If the shop drawings contain any departures from the contract requirements, specifically describe them in CONTRACTOR's letter of transmittal. Where such departures require revisions to layouts or structural changes to the work as shown, CONTRACTOR shall, at his own expense, prepare and submit revised layout and structural drawings. Make drawings the same size as the Contract Drawings. 2.5 SAMPLES A. Where required, submit sample or test specimens of materials to be used or offered for use. Samples shall be representative, in all respects, of the material offered or intended, shall be supplied in such quantities and sizes as may be required for proper examination and tests, and shall be delivered to ENGINEER, prepaid, along with identification as to their sources and types or grades. Submit samples well in advance of anticipated use to permit the making of tests or examinations. B. Samples will be checked with reasonable promptness only for conformance with the design and for compliance with the information given in the Contract Documents. C. The work shall be in accordance with the approved sample. The use of materials or equipment for which samples are required to be submitted for approval is not permitted until such approva! has been given by ENGINEER. 2.6 OPERATION AND MAINTENANCE DATA A. Submit complete operation and maintenance manuals for valves, hydrants, pumps, motors, all power or electrically-driven equipment, and for other items for which routine operation and maintenance wi!! be required. TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 SUBMITTALS 01300-7 B. Suitably bind O&M Manuals and data sheets into volumes for specific systems, structures, and the like. C. Submit three copies of the bound and indexed O&M Manual Volume to the OWNER, and one copy to the ENGINEER, prior to the 75% completion point of the work. Further, submit individual O&M Manuals and data sheets, as required, for sub-systems and portions of the work, along with other submittals and shop drawings relating thereto. D. Operation and maintenance manuals, shall include, as a minimum, installation, adjustment, operation and maintenance instructions, lubrication schedules, trouble shooting guides and the manufacturer's and service representative's name, address, and telephone number. Submit manuals in duplicate, before the equipment is delivered to the Project site. E. Complete and bind O&M Manual copies of the attached "Equipment Record Sheet" for each piece of equipment. 2.7 TEST RESULTS AND INSTALLATION A. Whenever tests are required on materials and equipment, such tests shall be performed and the test results submitted to ENGINEER. Do not deliver to the project or incorporate into the work any materials or equipment of which ENGINEER has not issued a written approval or acceptance of the required tests and test results. END OF SECTION Clark Patterson Lee 186 North Water Street Rochester, New York 14604 Phone: (585) 454 - 7600 Fax: (585) 454 - 7618 Contractor: Address: Phone /Fax: ( ) ( ) Submittal No. Contractor only Engineer Project Number: Contractors Number: Project Name: Town of North Dansville Recreational Park Date returned: 11285.00 (Check one) ^Product Data ^Shop Drawings ^Other Substitution See General Conditions ^Color Selection ^O&M Manual ^Sample ^ Record Document ^ YES Product Identification Specification Section No.: Contract Dwg. No.: Product Name: Part/Paragraph: Detail Reference: Manufacturer: ^NO DATE OF SUBMITTAL: RESUBMITTED: Number of Attached: Contractor Approval Identify that this submittal has been reviewed and ap- proved by the Contractor in accordance with the General Conditions By Date• Deviation from Contract Documents: Fox usesvCPA SHOP DRAWING Engineer's Comments: ^No Exception Taken ^Revise & Resubmit ^Furnish as Corrected ^Rejected Corrections or comments made nn the shop drawings during this review do not relieve the Contractor from compuatrce with the requirement of the drawings and specifications. This check is only far review of general conformance with the design concept of the project and general compliance with the information given the cantract documents. The Contractor is responsible for: confirming and correlating all yuantities and din>ensiotts; selecting fabrication processes and teciwiyues of Received Stanip etxtslruction: cooniiti<•ming his work with that oC afl other trades: and perCornting his work in sale satisfactory manner. Clark Patterson Lee Date: By: TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 FINAL INSPECTION 01420-1 PART 1 -GENERAL 1.1 DESCRIPTION A. Work covered by this section includes the requirements for meeting satisfactory conditions for final inspection of the work. B. Related work specified elsewhere includes the requirements of the entire Contract Documents, all conditions of which shall be met prior to final inspection of the work. 1.2 QUALITY ASSURANCE A. The CONTRACTOR shall turn the work over to the OWNER in good operating condition. Make such adjustments in the work, additional tests, and all else as may be necessary, in the opinion of the ENGINEER, in order that all parts of the project covered by such contract will operate together properly in accordance with the intent of the Contract Documents. B. Upon completion of the work and just prior to final inspection, remove from the premises all plant, machinery, equipment, surplus rock, lumber, forms, debris, and all other materials. The entire job site and the work shall be in a clean and finished state. 1.3 FINAL INSPECTION A. Upon receipt of written notice from the CONTRACTOR that the work under the contract is complete and all tests and adjustments in the work made, the ENGINEER will make a final inspection and will notify the CONTRACTOR of all instances in which the work fails to comply with the Drawings and Specifications as well as any defects which he may discover. The CONTRACTOR shall thereupon immediately rebuild, alter, or restore the work so that it will comply with the Drawings and Specifications and remedy all defects at his own cost and expense and to the satisfaction of the ENGINEER. B. Furnish all labor, equipment, and materials required by the ENGINEER to perform the various types of inspections, including communication equipment, vehicles, power winches, and all else required and as approved by the ENGINEER. C. All machinery, equipment, controls, systems, and sub-systems shall be in proper, clean, and adjusted operating conditions. D. Upon satisfactory completion of all alterations, repairs, or other work as directed by the ENGINEER, the Final Certificate will be issued. 1.4 PROJECT RECORD DOCUMENTS A. Maintain on-site, one separate set of the following record documents with actual revisions to the work recorded: 1. Contract drawings. 2. Specrficatians. 3. Addenda. 4. Change orders and other modifications to the contract. 5. Reviewed shop drawings, product data, and samples. 6. Survey field books. TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 FINAL INSPECTION 01420-2 B. Record changes concurrent with construction progress in red on record copy of Contract Documents. C. Specifications: legibly mark and record at each product section description of actual products installed, including the following: 1. Product substitutions or alternates utilized. 2. Changes made by addenda and modifications. D. Record documents and shop drawings: legibly mark each item to record actual construction including: 1. Measured horizontal and vertical locations of underground utilities and appurtenances referenced to permanent surface improvements. 2. Field changes of dimension and detail. 3. Details not on original Contract Drawings. 4. Submit documents to ENGINEER with claim for final Application for Payment. END OF SECTION TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD PROTECTION OF EXISTING UTILITIES AND 11412.07 ADJACENT STRUCTURES 01530-1 PART 1 -GENERAL 1.1 GENERAL A. Various underground and surface structures are shown on the Contract Drawings including water and gas pipes, sewers, electrical cables and conduits, drains, culverts, and miscellaneous structures. These structures are plotted on the Drawings from the best information available, but the locations and dimensions where shown do not purport to be absolutely correct, and the information given shall not be construed as representation that such structures will be found or encountered as plotted. Other structures or pipelines may also be encountered which are not shown on the Drawings. B. The CONTRACTOR shall be entirely responsible for all injuries to water pipes, electric conduits, or cables, drains, sewers, gas mains, poles, telephone and electrical lines, streets, pavements, sidewalks, curbs and gutters, fences, culverts, building foundations, retaining walls or other structures of any kind met with during the progress of the work and shall be liable for damages to public or private property resulting therefrom. C. The cost of protection, replacement in their original positions and conditions or payment of damages for injuries thereto of pipelines and structures called for on the Drawings or specified shall be deemed included in the bid price, if no specific item is provided therefor, as part of the overhead cost of the work, and no additional payment will be made therefor. If the CONTRACTOR, through negligence, disturbs or injures existing gas, water, electric, or telephone facilities not required for the performance of the work, the facilities will be repaired by the utility companies at the sole expense of the CONTRACTOR. For relocation of any existing utility to facilitate construction, the CONTRACTOR will make his own arrangements with the utility companies. D. The CONTRACTOR shall, at all times in performance of the work, employ approved methods and exercise reasonable care and skill so as to avoid unnecessary delay, injury, damage, or destruction of utility installations and structures; and shall, at all times in the performance of the work, avoid unnecessary interference with or interruption of utility services and shall cooperate fully with the Owners thereof to that end. E. Service to fire hydrants shall not be disturbed at any time without permission of the chief of the fire department of the area. F. All costs for protection and maintenance of the services and utilities shall be included by the appropriate CONTRACTOR in the Contract Sum and no separate payment will be made therefor. G. Wherever the structures to be built under this Contract pass under or near other structures, the CONTRACTOR shall exercise the utmost care to protect such structures from damage. H. The CONTRACTOR shall be liable for a!I damages to any of the existing structures and shall save and keep the OWNER and the ENGINEER harmless from any liability or expense for injuries, damages, or repairs to these structures. TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD PROTECTION OF EXISTING UTILITIES AND 11412.0 ADJACENT STRUCTURES 01530-2 I. Existing utilities damaged during construction through negligence on the part of the CONTRACTOR shall be repaired by personnel of the utility companies involved at the expense of the CONTRACTOR. 1.2 ADJACENT STRUCTURES A. The CONTRACTOR's attention is directed to the information shown on the Contract Drawings regarding the existing facilities and structures adjacent to the site. B. One week's notice shall be given by the CONTRACTOR to all Village, Town, District, or County Departments, public service corporations and property owners whose pipes, poles, tracks, wires, or conduits or other structures may be affected by the work that they may protect, adjust, remove, or rebuild them or take such measures as they may desire to minimize inconvenience. C. The CONTRACTOR shall maintain in service all water, gas, electric and sewer main connections and shall provide temporary service where necessary. D. Any fence or part thereof that is damaged or removed during the course of the work shall be replaced or repaired by the CONTRACTOR and shall be left in a satisfactory condition as before the starting of the work. The manner in which the fence is repaired or replaced and the materials used in such work shall be subject to the approval of the ENGINEER. The cost of all labor, materials, equipment, and work for the replacement and repair of any fences shall be included in the contract price or if no specific item is provided therefor, as part of the overhead cost of the work, and no additional payment will be made therefor. E. The CONTRACTOR shall temporarily cover all catch basins when working in the vicinity to prevent excavated material and debris from falling into the catch basins. Temporary covers shall be removed during times of precipitation in order to maintain storm runoff. Any damaged laterals shall be replaced immediately so runoff conditions are not interrupted. END OF SECTION TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 SECURITY AND PROTECTION 01540-1 PART 1 -GENERAL 1.1 PROTECTION OF WORK AND PROPERTY A. The CONTRACTOR shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work. He shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to all employees on the work who may be affected thereby, all the work and all the materials or equipment to be incorporated therein, whether in storage on or off the site, and other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction. B. Until such time as the work is completed and accepted by the OWNER, CONTRACTOR shall assume all liability for damage to, or loss or destruction of the work or such materials, or equipment, and CONTRACTOR shall, at its expense, repair or replace to the OWNER's satisfaction, all damage to, or loss or destruction of, the work or such materials or equipment which results from any cause whatsoever. C. The CONTRACTOR shall at all times consult with and obtain approval of the OWNER or his representative for the storage of material, operation of equipment, placing of temporary structures or dispositions of any surplus or waste materials upon property of the OWNER anywhere outside the limits of construction. D. Neither the materials excavated nor the materials or plants used in the construction of the work shall be so placed as to prevent free access to all fire hydrants, valves, or manholes. E. The CONTRACTOR shall so conduct the work that no equipment, material, or debris will be placed or allowed to fall upon private property in the vicinity of the work unless he shall have obtained the OW NER's written consent thereto and shall have shown his written consent to the ENGINEER. 1.2 PROTECTION OF GENERAL PUBLIC A. The CONTRACTOR shall at all times conduct and work in such a manner as to cause the least inconvenience and greatest protection to the general public. The CONTRACTOR shall furnish and maintain barricades, warning signs, red flags, lights, and temporary passageways as may be necessary to protect the work and to safeguard the public. The cost of furnishing and maintaining the above facilities shall be incidental to the contract and no extra compensation for it will be allowed. B. Throughout the performance of the work or in connection with this contract, the CONTRACTOR shall construct and adequately maintain suitable and safe crossings over trenches and such detours as are necessary to care for public and private traffic. The material excavated from trenches shall be compactly deposited along the sides of the trench or elsewhere in such a manner as shall give as little inconvenience as possible to the traveling public, to adjoining property owners, to other Contractors, or to the OWNER. C. The CONTRACTOR shall at alf times so conduct the work that the abutters shall have reasonable access to their property. TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 SECURITY AND PROTECTION 01540-2 1.3 EMERGENCIES A. In emergencies affecting the safety of persons or the work or property at the site or adjacent thereto, the CONTRACTOR, without special instruction or authorization, from the ENGINEER or OWNER, shall act to prevent threatened damage, injury, or loss. 1.4 APPLICABLE LAWS AND REGULATIONS A. The CONTRACTOR shall comply with all applicable laws, ordinances, rules, regulations, and orders of any public body having jurisdiction. He shall erect and maintain, as required by the conditions and progress of the work, all necessary safeguards for safety and protection. He shall notify owners of adjacent utilities when prosecution of the work may affect them. The CONTRACTOR shall remedy at his expense, all damage, injury, or loss to any property or person caused, directly or indirectly, in whole or in part, by the CONTRACTOR, any subcontractor, or anyone for whose acts any of them may be liable, except damage or loss attributable to the fault of the Contract Documents or to the act or omissions of the OWNER or the ENGINEER or anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of the CONTRACTOR. B. The CONTRACTOR shall observe all rules and regulations of the health department having jurisdiction and shall take precautions to avoid creating unsanitary conditions. END OF SECTION TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 CLEANING UP 01710-1 PART 1 -GENERAL 1.1 DESCRIPTION A. This section contains the general requirements for maintaining the site and the work in a neat, clean condition at all times. 1.2 CLEANING UP A. At all times, maintain the premises and the site free from accumulations of waste materials and rubbish and litter caused by the CONTRACTOR's employees or work, or the employees or work of any of the subcontractors. B. On or before completion of the work, thoroughly clean all pits, pipes, manholes, channels, tanks, chambers, conduits, and all other items of work and the premises entered upon, and dismantle and remove all temporary structures, tools, scaffolding, surplus materials, supplies, equipment, and rubbish. C. Should the CONTRACTOR fail to comply with the requirements of this paragraph within 24 hours after written notice from the ENGINEER, then the OWNER may perform whatever work is necessary by whatever means he may deem expedient and all expenses incurred by OWNER will be charged to and paid for by CONTRACTOR. D. Keep buildings, structures, and other enclosed areas free from unattended combustible material and leave the work "broom clean". E. All connections to public highways shall be kept clean of earth material or granular material daily. END OF SECTION TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 SITE PREPARATION 02100-1 SECTION 021.00 -SITE PREPARATION PART1-GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract including General and Supplementary Condi- tions and Division 1 Specification Sections, apply to work of this section. 1.2 SUMMARY A. This section specifies the basic requirements for Site Preparation and includes, but is not limited to the following: 1. Review of Existing Conditions 2. Layout of Work 3. Property and Utility Protection 4. Traffic Maintenance and Protection 1.3 QUALITY ASSURANCE A. Comply with all applicable local, state and federal requirements regarding materials, methods of work, and disposal of excess and waste materials. B. The Contractor is required to obtain and pay for all required permits and fees. 1.4 PROJECT CONDITIONS A. A copy of the most recent, available survey of the project site is included in the Contract Draw- ings for informational purposes only. B. Existing geotechnical information is included in this Contract Document. PART 2 -PRODUCTS (NOT USED) PART 3 -EXECUTION 3.1 SUBSURFACE SOIL CONDITIONS A. The Contractor may for his information, visit the site during the bidding period for the purpose of excavating test holes. If test holes are to be excavated by the Contractor, he shall seek approval from the Owner's Representative prior to moving onto the site with any equipment. The Contrac- tor shall use his own judgement in interpreting all such subsurface data obtained and acknowledg- es that he is not relying on this data as accurately describing the subsurface conditions that may be found during site improvement operations on the site. B. No responsibility is assumed by the Owner or Owner's Representative for subsoil quality or con- ditions. Claims for extra compensation, inability to perform work in accordance with the Contract Documents, or for an extension of time will not be considered due to the type or quality of subsoil unless written explanation and request for such consideration is submitted to, and written approv- al is received from the Owners Representative. The Owner's Representative may elect an alter- native method of accomplishing the desired result in the event that adverse subsurface conditions arise. 3.2 LAYOUT OF WORK A. Visit and carefully examine the site to become familiar with all existing conditions and to deter- mine the nature and extent of work required under this and other sections of the specifications TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 SITE PREPARATION 02100-2 B. Locate, protect, and maintain benchmarks, monuments, control points and project engineering reference points. Re-establish disturbed or destroyed items at Contractor's expense. C. Lines and Levels: Perform all layout work on the basis of benchmarks, and other monuments, in accordance with the lines, levels, elevations, and dimensions as indicated on the contract draw- ings. Spot grades where shown on the contract drawings, indicate precise grades to which the Contractor must adhere; contours are representative of the intent only of the proposed finished grade. D. Employ an independent professional engineer and/or licensed surveyor to perform all required layout and other fieldwork. Complete all rough layout work prior to the stripping of the topsoil, in order to verify the accuracy of topographic and property line information at building corners and all other areas to receive construction or site improvement elements. E. Discrepancies: Report immediately, and confirm in writing to the Owner's Representative any discrepancies found on the site between actual grades and actual locations of physical elements with those grades and elements as indicated on the contract drawings. F. Monuments: Maintain and protect existing established benchmarks, monuments, batter boards, and other reference points required for the project. Protect all reference points against movement, injury, and displacement and replace those that become disturbed as the result of any operations of this contract. G. Accuracy: The Contractor shall be responsible for all damages and expenses incurred due to the inaccuracy of his layout. He shall make any required changes in his work that are the result of such errors in layout. 3.3 PROTECTION AND COORDINATION A. Persons and Property 1. Obtain governing authority's written permission, when required, to close or obstruct streets, walks and adjacent facilities. Provide alternate routes around closed or obstructed traffic ways when required by governing authorities. 2. Barricades: Properly protect persons and property at all times against harm or damage of any kind during site construction and site improvement operations. Provide substantial barricades around all openings as soon as they are uncovered, to block access and afford protection to workmen and the public. 3. Signals: Provide lanterns or other signalization, as may be required by law or directed by the Owner's Representative, in the vicinity of any open excavations or unsafe areas, and be certain that such devices are operable at all times during hours of darkness, or when the work area is left unattended. 4. Maintain all barricades and signals for the duration of the contract. B. Utilities 1. Call underground utility locating service prior to commencing any excavation. Notify all utility companies, municipal engineer's office, and/or the respective water, sewer, gas, electric departments, and telecommunications, prior to the commencement of any opera- tions on the site. Locate and identify existing underground and overhead services and utilities within contract limit work areas. Provide adequate means of protection of utilities and services that are not designated for removal. Repair utilities damaged during site work operations at Contractor's expense. 2. Preserve Active Lines: Preserve in operating condition, all active utilities indicated on the contract drawings to remain. This applies to all utilities that traverse the project site, or exist in the immediate vicinity of the site, including, but not limited to mains, manholes, catch basins, valve boxes, poles, guys and appurtenances. Damage to any utility line or related appurtenance resulting from work under this contract shall be repaired or replaced TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 SITE PREPARATION 02100-3 by the Contractor to the satisfaction of the Owner's Representative, Owner, utility com- pany and/or local authority. All costs associated with this repair shall be paid by the Con- tractor at no additional cost to the Owner. 3. Arrange for disconnection, disconnect and seal or cap all utilities and services designated to be removed before start of site work operations. Perform all work in accordance with the requirements of the applicable utility company or agency involved. The Contractor shall pay all costs for all utility related work including coordination with and charges from the utility company for work they may require in order to accomplish the work shown or implied. 4. Damaged Utility Lines: If active utility lines are broken or damaged during any site im- provements operations, take all necessary steps immediately, to avoid endangering per- sons or property, and notify the Owner's Representative and the affected utility company and municipal engineer's office to obtain a decision regarding this treatment and/or assis- tance in the repair of the damaged line. 5. Should uncharted or incorrectly charted underground piping or other utilities and services be encountered during site work operations, notify the applicable utility company imme- diately to obtain utility company in maintaining active services in operation. The Con- tractor shall bear the cost of any and all repair work. 6. Water Damage: In the event that water, storm sewer, sanitary or other utility lines are broken, or that springs, ground water, or other sources of water are encountered take all necessary steps immediately to divert water away from construction, site improvement operations and storage areas to prevent erosion, undermining or other damage. If perma- nent coi7ective measures other than those indicated on the contract drawings become necessary, request a written decision from the Owner's Representative. 3.4 ADJACENT PROPERTIES A. Protection: Protect all adjacent properties and structures and use eveiy means possible to prevent erosion, flooding, undermining excessive excavation, dust, or other damage during any site work operations. Repair all damage in a manner specified by, and to the satisfaction of, the Owner's Representative. The Contractor shall pay the cost of any repairs necessary at no additional cost to the Owner. 3.5 MAINTAIN TRAFFIC A. Signals: Maintain traffic on all adjacent public streets and drives at all times and install and main- tain barricades, signs, flags, and lights as required by law, or directed by local officials or by the Owner's Representative. B. Traffic: Contractor shall obtain written approval from the Owner when required to close or ob- struct school traffic and parking. Provide alternate routes around closed or obstructed areas as re- quired. Contractor shall obtain written approval and pay for all permits from the governing high- way authority for work required in the public right-of-way. C. Protect and maintain streetlights, utility poles and services, traffic signal control boxes, curb box- es, valves and other services, except items designated for removal. Remove or coordinate the re- moval of traffic signs, parking meters, postal mailboxes, etc. with the applicable governmental agency. Provide for temporary relocation to maintain facilities and services in operation during construction work. D. Relocation of Signs: Within the public right-of-way -Signs designated to be relocated shall be removed and relocated in conformance with the requirements of NYSDOT Section 647 latest edi- tion. Care shall be taken in removing sign panels to prevent damage. Any damage shall be re- paired or replaced to the satisfaction of the Owner's Representative at the Contractor's expense. Existing signs shall be mounted on new posts at the location shown on the drawing or as other- TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 SITE PREPARATION 02100-4 wise directed by the Owner's Representative. Mounting of signs shall be in conformance with NYSDOT Section 645-3. 3.6 REMOVAL OF DEBRIS A. Perform site work operations and the removal of debris and waste materials to assure minimum interference with streets, walks, and other adjacent facilities. B. Upon completion of each stage of site work, clean areas within work limits and remove tools and equipment. Maintain the site clear, clean and free of materials and debris and suitable for site work operations. C. Stockpile, haul from site, and legally dispose of waste materials and debris. Accumulation of de- bris on-site is not permitted. D. Maintain disposal routes clear, clean and free of debris. E. On-site burning of combustible cleared materials is not permitted. 3.7 SALVAGED MATERIALS A. Remove, store, protect and reinstall all items indicated to be relocated. B. Remove and turn over to the owner all items indicated to be salvaged. Items shall be placed by the Contractor in a location designated by the Owner's Representative. C. Materials, items and equipment not scheduled for reinstallation or salvaged for the owner's use are the property of the Contractor. Remove cleared materials from the site as the work progresses. END OF SECTION 02100 TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 EROSION CONTROL 02270-1 SECTION 02270 -EROSION CONTROL PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification sections, apply to work of this section. B. SWPPP (Storm Water Pollution Prevention Plan). 1.2 WORK OF THIS SECTION A. Work covered in this section includes the control of erosion, siltation, and sedimentation pursuant to Section 402 of the Clean Water Act. The Contractor shall familiarize himself with the requirements set forth within the SWPPP. All costs associated with the temporary or permanent erosion control measures shall be included in the Contractor's bid. B. The contractor and subcontractors must agree to implement all applicable provisions of the SWPPP and are required to sign the plans prior to commencement of any construction activity. Any permit noncompliance constitutes a violation of the Clean Water Act and the Environmental Conservation Law and is grounds for an enforcement action. 1.3 QUALITY ASSURANCE A. Contractor shall comply with the SWPPP and Erosion Control Plans prepared for the site. All workers responsible for site work activities shall be familiar with these Plans. B. Contractor shall designate one individual responsible for implementing and maintaining site-wide erosion and sediment control measures who shall be thoroughly familiar with the types of materials being installed and the best methods for their installation. This individual shall conduct daily inspections of erosion and sediment control measures. C. Clear only what is required for immediate construction activities. Disturbed areas of the site that will not be re-disturbed for 21 days or more must be stabilized by the 14`h day following the last disturbance. D. Upstream storm water runoff should be diverted away from disturbed areas. Contractor shall provide and maintain temporary erosion and sediment control measures, such as berms, dikes, slope drains, silt stops, and sedimentation basins, until permanent drainage facilities and erosion control features have been completed and are operative. E. The limits of cleared areas shall be physically delineated to protect areas designated as undisturbed. F. Take every reasonable precaution and do whatever is necessary to avoid erosion and to prevent silting of rivers, streams, impoundments, and drainage ditches, swales, or any off-site water body. G. Continue erosion control measures until the permanent measures have been sufficiently established and are capable of controlling erosion on their own. PART 2 -PRODUCTS 2.1 MULCHING A. Hay and straw mulches shall be air-dried mowings (<15%n moisture content) of acceptable herbaceous growth reasonably free from swamp grass, weeds, twigs, debris, and other deleterious material, and free from rot, mold, primary noxious weed seeds, and rough or woody materials. TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 EROSION CONTROL 02270-2 Mulches containing mature seed of species which would volunteer and be detrimental to the permanent seeding, or would result in overseeding, or would produce growth which is aesthetically unpleasing, are not permitted. Materials may be baled, however, loose or broken bales are not acceptable. B. Temporary Type Mulch Nets: Lightweight, extruded photodegradable netting, with approximate openings of 11/z" x 3/a", with manufacturer recommended staples or anchoring method. C. Wood fiber mulch with tackifier (Terra Tack). Apply wood fibers at the rate of 500 lbs./acre and tackifier at the rate of 40-45 gallons/acre. D. Hardwood Stakes: Stakes shall be new hardwood, 1'/z" x 11/z ", minimum 3 feet long. 2.2 MATTING/BLANKETS A. Jute Matting: Undyed and unbleached jute yarn woven into a uniform open, plain weave mesh, furnished in rolled strip, with 78 warp ends per yard width of cloth, 41 weft ends per linear yard, weighing approximately 0.9 pounds per square yard of fabric. B. Erosion Condol Blanket: Blanket shall be machine-produced 100% biodegradable consisting of a 70% agricultural straw / 30% coconut fiber blend having a functional longevity of 18 months. Blanket shall covered top and bottom sides with 100% biodegradable woven natural organic fiber netting, with an approximate mesh of 0.5 x 1 inch. Blanket mesh and netting shall be sewn together on 1.5-inch centers. C. Staples: As specified by the manufacturer of the blanket/matting, constituting a complete system. 2.3 SEED AND SOD FOR EROSION CONTROL A. For temporary seeding in spring, summer, or early fall, seed the area with ryegrass, (annual or perennial) or approved equal at 30 Ibs per acre. For temporary seeding in late fall or early winter, seed the area with Certified winter rye (cereal rye) or approved equal at 100 lbs per acre. Mulch area with hay or straw at 2 tons per acre. Mulch anchoring may be required where wind or areas of concentrated water are a concern. B. For permanent seeding on slopes, provide a seed according to the following or as shown on the Contract Drawings 1. TYPE A: Erosion control areas are to be seeded at a rate of: 50 pounds per acre with a mix consisting of 70% Ernst Best Snip Mine Mix (ERNMX-101) and 30% Ernst Shaded Roadside Mix (ERNMX-140), as supplied by Ernst Conservation Seeds, or as approved by Owner. 2. TYPE B: Erosion control areas are to be seeded at a rate of: 50 pounds per acre with a mix consisting of 70% Ernst Best Strip Mine Mix (ERNMX-101) and 30% Ernst Showy Northeast Native Wildflower Mix (ERNMX-153-1), as supplied by Ernst Conservation Seeds, or as approved by Owner. 2.4 SILT FENCES A. Prefabricated silt fencing with UV-stabilised geotextile fabric, with hardwood or steel posts, mesh reinforced backing and appropriate fasteners. Fabric shall be 48" minimum width. 2.5 STABILIZED CONSTRUCTION ENTRANCE A. Material shall be clean, sound, subbase stone of uniform quality. B. Geotextile filter cloth (Mirafi 500X, or equal) designed for heavy-duty haul road use. TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 EROSION CONTROL 02270-3 2.6 CHECK DAMS A. Light Stone Fill -Material shall be graded stone NYSDOT 620.03. The gradation of materials furnished will be accepted or rejected based upon a visual. examination of the material by the Owner's Representative. B. Geotextile -Filter fabric /bedding from the NYSDOT-approved List of materials. 2.7 TEMPORARY STRUCTURAL MEASURES A. Temporary structural measures for erosion control include, but a1•e not limited to, earth dikes, temporary swales, perimeter swales, sediment traps, and sediment basins. B. Each measure shall be designed in accordance with New York State Guidelines for Urban Erosion and Sediment Control. Materials and consriuction measures shall be consistent with these measures. PART 3 -EXECUTION 3.1 HAY AND STRAW MULCHING A. Install hay or straw mulch immediately after each area has been properly prepared. Place at a rate of 2 tons per acre (approximately 100 to 120 bales per acre). Mulching shall be applied to a uniform thickness of 2 to 3 inches (loose, uncompacted) by hand or broadcast. No clumping, matting, bale fragments, or excessive thickness shall be permitted. The intent is to allow 20% to 40% of the ground surface to be seen in a uniform coverage. B. Place mulch on seeded areas within 24 hours after seeding. C. Where winds may blow the mulch, or when ground slopes exceed 10%, or when otherwise required to maintain the mulch firmly in place. Apply temporary netting, chemical bonding, or other anchoring devices, or use mechanical crimping, punching, or rolling, to anchor the mulch. Unless otherwise directed, remove netting or other acceptable anchoring system prior to the acceptance of the work. 3.2 MATTING/BLANKETS -GENERAL (if required) A. Prepare surfaces of ditches and slopes to conform to the grades, contours and cross sections as shown on the Drawings and finish to a smooth and even condition with all debris, roots, stone, and lumps raked out and removed. Loosen the soil surface to permit bedding of the matting. Unless otherwise noted, seed prior to the placement of the matting. B. Unroll matting parallel to the direction of flow of water and loosely drape, without folds or stretching, so that continuous ground contact is maintained. C. The ditches and swales, and on slopes, each upslope and each downslope end of each piece of matting shall be placed in a 6" trench, stapled at 12" on center, backfilled, and tamped. Similarly, bury edges of matting along the edges of catch basins and other structures. Owner's Representative may require that any other edge, exposed to more than normal flow of water, be buried in a similar fashion. D. Tightly secure matting to the soil by staples driven approximately vertically into the ground, flush with the su~•face of the matting. In driving the staples, take care not to form depressions or bulges in the surface of the matting. E. Decrease the specified spacing of staples when varying factors, such as the season of the year or the amount of water encountered or anticipated, requires additional anchoring. TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 EROSION CONTROL 02270-4 3.3 SEED FOR EROSION CONTROL A. Sow seed when soils are moderately dry and when wind does not exceed five miles per hour or as directed by the Owner's Representative. B. Areas that will be regarded or otherwise disturbed later during construction may be seeded as directed by the Owner's Representative to obtain temporary control. 3.4 HAY BALES AND SILT FENCES A. Provide hay bales or silt fences, as required, for the temporary control of erosion and to stop silt and sediment from reaching surface waters, adjacent properties, or entering catch basins, or damaging the work. B. Stake the hay bales to hold them firmly in place. Use a sufficient number of bales to accommodate runoff without causing any flooding and to adequately store any silt, sediment, and debris reaching them. C. Erect silt fences and bury bottom edge in accordance with the manufacturer's recommended installation instructions. Provide a sufficient length of fence to accommodate runoff without causing any flooding and to adequately store any silt, sediment, and debris reaching it. D. Maintain and leave hay bales and silt fences in place until permanent erosion control measures have been established. 3.5 STABILIZED CONSTRUCTION ENTRANCES A. Stabilized pads of aggregate underlain with filter cloth shall be constructed as shown on the Contract Drawings. B. Geotextile fabric shall be placed over the entire area to be covered with aggregate prior to placing of the stone. 3.6 CHECK DAM5 A. Stone filling shall be placed in a manner that will produce a reasonable well-graded mass of stone with smaller fragments filling the space between the larger ones, so as to result in the minimum practicable percentage of voids. B. Inspect the check dams after each runoff event. Correct all damage immediately. Replace stones as needed to maintain cross sections of the structure. C. Remove sediment accumulated behind the dam as needed to allow swale/channel to drain through the stone check dam and prevent large flows from carrying sediment over the dams. D. Removed sediment shall be properly disposed of. 3.7 TEMPORARY STRUCTURAL MEASURES A. Temporary structural measures shall be maintained until the drainage area has been properly stabilized as approved by the Owner's Representative. B. Temporary sediment basins are to be installed in any drainage location where more than 10 acres in the upstream drainage al•ea are disturbed at one time C. Temporary sediment basins must provide at least 3,600 cubic feet of storage for every acre of drainage area. D. Sediment shall be removed and trap restored to its original dimensions when sediment has accumulated to 1/2 the design depth of the trap. E. Removed sediment shall be properly disposed of. TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 EROSION CONTROL 02270-5 F. Inspect all erosion control measures following each rainfall event exceeding 1/2" in a 24- hour period. Correct all damage immediately. 3.8 MAINTENANCE A. If any staples become loosened or raised, or if any matting becomes loose, torn, or undermined, or if any temporary erosion and sediment control measures are disturbed, repair them immediately. B. If the seed is washed out before germination, repair any damage, refertilize, and reseed. C. Maintain mulched and matted areas, silt stops, and other temporary control measures until the permanent control measures are established and no further erosion is likely. D. All sediment spilled, dropped, or washed onto the driveway or public right-of-way shall be removed immediately. E. Maintain ditches and swales at all times so that they effectively drain. Refill, reshape, and re- compactwhere ruts or erosion occurs. F. Maintain areas temporarily seeded including repair of all damages. G. Take special precautions in the use of construction equipment to minimize erosion. Do not leave wheel tracks where erosion might begin. Prevent direct discharge from dewatering pumps and surface runoff from the construction sites to storm sewers, culverts, streams or ditches. Intercept and conduct surface runoff and discharge from dewatering pumps to siltation ponds before discharging to natural drainage channels. END OF SECTION 02270 TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 EARTHWORK 02300 - 1 SECTION 02300 -EARTHWORK GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification sections, apply to work of this section. 1.2 SUMMARY A. Extent of earthwork is indicated on drawings and includes, but is not limited to: 1. Stripping and stockpiling of topsoil. 2. Preparation of subgrade for buildings, walks and pavements. 3. All other associated earthwork as necessary to perform the work under this contract in conformance with the alignments, grades and detailed sections provided. B. Excavation for work specified in other Divisions shall be done in accordance with the requirements of this section but shall be the responsibility of the Contractor supplying the work of other Divisions. 1.3 QUALITY ASSURANCE A. Contractor shall prepare subgrade elevations with the intent of achieving finished grades as shown on the Contract Drawings or as specified by the Owner's Representative, accounting for subbase requirements, slab thickness, trench depths etc., as shown on the Contract Drawings or specified elsewhere in the Contract Documents. 1.4 STORAGE AND HANDLING A. Stockpiling of earth spoil or excess earth material on the site or storage of excavated materials for reuse shall be done in a manner which will not hinder the progress of the work; cause any nuisance; or cause spillage or tracking of materials from the transporting vehicle onto public highways or cause an inconvenience to adjacent property owners. B. Obstruction of roads, driveways, sidewalks, or interference with drainage along gutters, ditches, or drainage channels with stored material is not permitted. C. Promptly remove materials not specified for storage or reused (i.e. excavated asphalt). Burning or burial of materials at the site is not perrrritted. Such materials shall be disposed of off-site in conformance with applicable legal requirements. D. Earth excavation shall include the satisfactory removal and disposal of all materials encountered, regardless of the nature of the materials, or the manner in which they were excavated, except materials classified as rock excavation. Should the excavation requirements exceed the fill requirements on-site, the Contractor shall remove and dispose of the excavated material off-site. The ConU•actor shall pay all costs for this removal and disposal. E. Topsoil suitable for final placement and grading shall be excavated and stockpiled on-site for future use. The stockpile shall be well-shaped and graded in order to shed water and to avoid contamination by other granular or earth materials temporarily stockpiled on-site. TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 EARTHWORK 02300 - 2 1.5 JOB CONDITIONS A. Contractor shall verify that survey benchmark and intended elevations for the work are as indicated. Contractor shall verify existing site conditions. B. Utilities shown on the Contract Drawings are for the convenience of the Contractor, exact locations are not guaranteed. The Contractor shall verify existing utilities with the proper authorities. C. Keep graded surfaces well drained, but avoid erosion. Do not place earth fill on wet grade, in water, or over ice or snow. Excavations shall be maintained free of water. D. Filling with frozen materials or when materials already in place are frozen, is not permitted. E. Provide and maintain suitable temporary crossings over open ditches when required to maintain access. F. Do not backfill against concrete elements until bearing surfaces have reached design strength or are properly braced and backfilling operations are approved. G. The Contractor shall take precautions to protect from harm the work of other contractors on site, existing facilities, as well as adjacent property. The Contractor shall be responsible for all damage or injury done to pipes, structures, pavement, property or person as a result of excavations required to complete the work and shall repair or replace such property or item to the satisfaction of the property owner, public agency having jurisdiction and/or Owner's Representative at no additional cost to the Owner. H. The existing ground elevations as shown on the Contract Drawings are believed to be reasonably correct. The Contractor shall satisfy himself, by actual examination of the site of the work, as to the existing elevations and the amount of work required under this section. No claim shall be made by the Contractor for additional compensation by the reason of the fact that conditions are other than as shown. I. When excavating in or adjacent to the traveled portion of highways or driveways, take whatever measures are necessary to protect the road surfaces from becoming undermined. Responsibility for cleaning private and public roads of any material carried onto these roads by trucks or other equipment shall be the Contractor's and his Bid for the Work shall include any costs to complete the work. K. The Owner and Owner's Representative do not guarantee that all required excavation could be executed by use of machinery. In some cases, it may be necessary to revise proposed alignments, which may preclude the use of machinery. In this event, the Contractor shall be required to perform this work by any method at the same unit prices bid in the Proposal, with no additional compensation due to the inability to use machinery. PRODUCTS 1.6 NATURAL MATERIALS DEFINED A. Topsoil -shall be the surface layer of soil with no admixtures or material toxic to plant growth. Care should be taken to limit the amounts of subsoil refuse, roots, branches, stones, clay lumps, similar objects larger than. one-inch, and other debris mixed with the topsoil during stripping and stockpiling. Sod and herbaceous growth such as grass and weeds need not be removed but shall be thoroughly broken up du~•ing the pulverizing process. TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 EARTHWORK 02300 - 3 1. Imported topsoil shall meet the following requirements: a. The pH of the material shall be between 5.5 and 7.6. b. The organic content shall be not less than 2% or more than 20%. c. Gradation requirements (by weight) shall be 100% passing the 2" sieve, 85-100% passing the 1" sieve (100% for athletic fields), and 20-80% passing the #200 sieve. 2. The Contractor shall be responsible for amending imported topsoil with approved materials and by approved methods to meet the above specifications, at no additional cost to the Owner. The material shall be stockpiled and tested prior to use on the project. The processed topsoil is subject to approval by the Owner's Representative. B. Rock -shall comprise solid rock in the original bed or in well-defined ledges, and which can only be removed by blasting, ramming and/or jack hammering. It shall include boulders or detached pieces of rock two cubic yards or greater in size. C. Unsuitable soils - (if encountered) are defined as materials for which optimum moisture content cannot be achieved and which, as a result, cannot be properly placed and compacted in accordance with the Contract Drawings for the intended purpose of the location of placement. The costs associated with the removal of unstable soil shall be paid as a Change Order if approved by the Owner's Representative in writing prior to this work being done. D. Mass Fill (Not under Building Footprint) -Soil or other materials used to raise site grades. Acceptance of all types of fill shall be based on the above requirements, and the Owner's Representative shall make final acceptance. Such acceptance or rejection of materials shall be binding upon the Contractor. Unless otherwise specified, shown on the Contract Drawings, or directed by the Owner's Representative, trench and utility fill material may consist of suitable, excavated material. To the extent it is available, fill material shall consist of approved on-site materials. When there are insufficient approved materials on-site, import additional material from off-site at no additional cost to the Owner. The Contractor shall obtain all permits necessary to furnish off-site borrow. EXECUTION 1.7 MANNER OF EXECUTION A. The work shall be performed by methods acceptable to the Owner's Representative. Excess excavated earthen materials shall be stockpiled on site in a manner and location acceptable to the Owner's Representative. Material such as excavated asphalt shall be disposed of off-site in conformance with applicable legal requirements and in a manner acceptable to the Owner's Representative. Materials for reuse on the project shall be stockpiled in an approved designated area adjacent to the work site. B. Provide adequate temporary crossovers for pedestrian and vehicular traffic, including temporary gravel drives, guardrails, lamps, flags; remove it when necessity for such protection ceases. C. Protect trees indicated to remain in place by means of wrapping, banding, guys, or other methods, as required. D. When work is in public right-of-way, the Contractor shall make necessary arrangement for permits, as required, at no extra cost to the Owner. E. Pipe trenching, building foundations, and structural undercuts: under normal conditions, the excavation shall be vertical open cut from the ground surface. TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 EARTHWORK 02300 - 4 F. Bottom of excavations shall be finish graded by hand methods to receive bedding. The stone bedding shall be placed, compacted, and trimmed by hand to ensure the grade as necessary or as detailed. 1.8 METHODS OF CONTROL FOR EXCAVATIONS AND GRADING A. The Contractor shall employ at the site a licensed surveyor responsible for the proper layout of utilities, structures, and drainage. He shall maintain adequate stakeout control for inspection of the work and to accurately complete construction. B. The alignment and depth of subgrades of all pipe trenches shall be determined by overhead grade lines or laser at Contractor's option, installed and maintained by his surveyor. C. In the event that rock is encountered, the Contractor will take cross sections of the rock uncovered. No removal shall begin until adequate time has been given the Owner's Representative for inspection and to verify the measurement of rock material. 1.9 LIMIT OF EXCAVATION AND STOCKPILING OF TOPSOIL A. Prior to any excavation or embankment or as directed by the Owner's Representative, topsoil shall be removed. Avoid mixture with subsoil when stripping topsoil. Topsoil work, such as stripping, stockpiling and similar work shall not be carried out when soil is wet so that filth of soil will be destroyed. B. Topsoil shall be cleaned of any major roots, boulder, etc. and stockpiled as previously described within designated on-site areas as approved by the Owner's Representative. Stockpiled topsoil shall be free from trash, brush, stones over 2" in diameter, and other extraneous matter. Proper drainage and erosion control measures shall be in place around the stockpiles. C. Stockpiled topsoil will be used in finish grading and preparation of lawns and planting beds. No topsoil shall be removed from the site without the prior approval of the Owner's Representative. All topsoil used in athletic field grading shall be screened to remove any materials larger than f - inch in diameter. D. If the Contractor fails to strip and stockpile all available topsoil within the limits of areas disturbed by his work, the Contractor shall at no cost to the Owner, import adequate topsoil to cover the disturbed areas to a minimum depth of 6 inches. E. If topsoil does not exist, in sufficient quantity, on the site, the Contractor shall deliver, place and spread a sufficient quantity of acceptable topsoil necessary to achieve a depth of 6" over the entire area of the site indicated on the contract drawings to receive lawns and planting. Secure all topsoil from an approved source and submit a mechanical and chemical analysis to the Owner's Representative for any topsoil that is to be delivered. F. If excess quantities of topsoil exist, the Contractor shall notify the Owner's Representative immediately. The Owner's Representative will determine whether the Contractor shall screen and spread the excess topsoil on-site in designated areas, leave the excess topsoil properly stockpiled on-site, and/or remove and dispose of the excess topsoil from the site. Contractor's price bid shall include the costs to complete any one or a combination of these alternatives. 1.1Q ROUGH GRADING A. The Contractor shall be responsible for providing all necessary fill materials. TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 EARTHWORK 02300 - 5 B. Temporary Ditches, Swales: Install temporary or permanent diversion ditches and/or temporary pumps and take other steps as may be required to effectively eliminate potential water damage in accordance with the Contractor's best judgment or instructions received from the Owner's Representative. C. Grade Elevations 1. Unauthorized Excavation: Do not perform excavation work for any purposes other than those indicated on the contract drawings, unless so directed by the Owner's Representative. 2. Tolerances: Rough grading of all areas within the property lines including excavated and filled sections and adjacent transition areas, shall be reasonably smooth, compact and free from irregular surface changes. The degree of finish shall be that ordinarily obtainable from either blade, grader or scraper operations as follows: a. Lawns and Planted Areas - Establish a 6" subgrade over all lawn and planted areas to permit the installation of the required topsoil thickness. The finish subgrade in areas to receive lawns or planting shall be no more than 0.25 feet above or below the required grade or approved cross section as indicated on the contract drawings. b. Pavement and Buildings: In all areas to receive paved surfaces, the compacted rough elevation shall be measured at the surface of the pavement subgrade. The tolerance for subgrade surfaces within and to a point 10 feet outside the building areas and in all areas to receive pavement surfaces shall not exceed 0.125 feet above or below the established subgrade elevation with due allowance for pavement materials. D. Slopes: All swales shall be finished to drain readily. Unless otherwise indicated, the surface of the subgrade in areas to receive lawns shall have a minimum slope of 2%. E. Round tops and bottoms of alI slopes and drainage swales. Adjust slopes at intersections of cuts and fills and warp to flow into each other or• into the natural ground surface without noticeable break. Establish earth at tops and bottoms of rock ledges in accordance with instructions received from the Owner's Representative and in a manner that will prevent erosion. F. Following stripping, the subgrade shall be compacted sufficiently to develop required compaction to a depth of at least 12". No fill shall be placed until the subgrade has been proof rolled, and approved by the Owner's Representative. 1.11 LIMIT OF EXCAVATION FOR PII'ELINES A. Trenches shall be excavated to the extent necessary to complete the installation and provide a safe working environment. 1.12 LIMIT OF EXCAVATION FOR STRUCTURES A. Excavations for structures and facilities shall be of sufficient size to give suitable room for proper construction procedures and no larger, or as shown on the Contract Drawings. B. Excavations for structure foundations or footings shall be to solid rock or approved undisturbed bearing soil. Remove loose materials and debris from excavation so that all footings rest on solid rock or approved undisturbed bearing soil. C. If unsuitable bearing soil is encountered, the Contractor shall notify the Owner's Representative and shall not proceed further until direction is given. D. Ensure that movement of equipment in excavation does not cause working or pumping of underlying soil that is not to be excavated. Should equipment cause the soil to work or pump, use other methods of excavation to maintain the design bearing capacity of the soil. TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 EARTHWORK 02300 - 6 E. Provide clearance sufficient for formwork. Banks and sides shall be at angle of repose of recline or sheathed, sheeted, shored and braced as required for safety, and conforming to all applicable laws, rules, regulations and codes. Remove shoring prior to backfilling. 1.13 EXCAVATIONS BELOW SUBGRADE A. Whenever excavations are carried beyond or below the lines and grade shown on the Plans, or as given or directed by the Owner's Representative, all such over excavation shall be backfilled with subbase course stone, concrete or other materials as directed by the Owner's Representative. Over excavations at footings, whether directed by the Owner's Representative or unauthorized shall be backfilled with 2,000-psi concrete. B. In the event earth materials encountered at subgrades are unsuitable, the Contractor shall immediately notify the Owner's Representative and shall excavate from the limiting subgrades shown or specified, to such new lines and grades, as directed. Excavation below subgrade shall be done only upon express orders of the Owner's Representative. C. Backfill materials as a result of over excavation by the Contractor without prior approval from the Owner's Representative shall be provided by the Contractor at no additional cost to the Owner. D. All material which slides, fails, or caves into the established limits of excavations due to any cause whatsoever, shall be removed and disposed of at the Contractor's own expense and no extra compensation shall be paid the Contractor for any materials ordered for backfilling the void areas left by the slide, fall, or cave-in. It is the Contractor's responsibility to make all excavations safe for ongoing construction. 1.14 SITE GRADING A. Prior to start of work, the Contractor's surveyor shall verify that all boundaries of temporary and permanent easements and property lines are clearly marked in the field so that the work will not violate these boundaries. B. The Contractor and his surveyor shall verify the locations and character of structures, underground lines, and subsurface conditions and verify that the described work will not adversely affect them. C. The Contractor's Surveyor shall verify that grade stakes have been properly and accurately set.. D. The Contractor shall excavate, transport, place, compact and uniformly grade the site to the lines and grades shown on the Drawings. The Contractor shall be responsible to subtract from finished grades shown on the plans the depths indicated on the Contract Drawings to ensure that the proper subgrade elevations are established. E. The Contractor shall dispose of excess suitable excavated material on-site in locations as directed by the Owner's Representative. F. subgrade surfaces shall drain, be compacted, and well graded. 1.15 UNSUITABLE SOILS REMOVAL METHODS (if required) A. Methods of Removal: Prior to the start of excavation operations use every means possible to divert water away from work area and to create dry conditions. Through the use of dragline, clamshell, or any other equipment necessary to the removal of unstable soils, excavate and. legally dispose of all unacceptable material. TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 EARTHWORK 02300 - 7 B. Precautionary Measures: At all times during the course of removal of wet and unstable materials, use every means possible to divert the run-off of mud and water and to avoid adversely effecting adjacent construction or site improvement operations. Take every precaution at all times to barricade, rope off, or otherwise protect workmen and the public from open excavations, waterholes, and other hazards resulting from the work of this operation. C. Damage: The Contractor shall correct any damage to structures, foundations, site improvement work or adjacent property resulting from the work of this operation. D. Degree of Removal Required: Remove all unstable material to the point of stable earth or as directed by the Owner's Representative. 1.16 EMBANKMENT CONSTRUCTION (if required) A. Prior to the placement of materials in fill sections, remove all debris and other deleterious material and stabilize all existing surfaces. B. Ground surfaces sloped steeper than 1 vertical on 4 horizontal shall be plowed, stepped, or broken up to permit bonding of the embankment with the existing surface. C. Uniformly place and spread fill in successive horizontal layers not more than 8" in compacted depth. Complete compaction to proper density and complete compaction testing prior to placing additional backfill material. D. Soil compaction requirements shall be met in successive lifts. E. The embankment shall be constructed primarily with suitable on-site materials. The Owner's Representative shall be the sole judge of what constitutes suitable and unsuitable material. When on-site material supplies are exhausted, additional imported material shall be used to complete the embankment. 1.17 COMPACTION OF SOIL BACKFILLS AND FILLS A. Place backfill and fill soil materials in layers not more than 8 inches in loose depth for material compacted by heavy compaction equipment, and not more than 4 inches in loose depth for material compacted by hand-operated tampers. B. Place backfill and fill soil materials evenly on all sides of structures to required elevations, and uniformly along the full length of each structure. C. Compact soil materials to not less than the following percentages of maximum dry unit weight according to ASTM D 1557: 1. Under structures, building slabs, steps, and pavements, scarify and recompact top 12 inches of existing subgrade and each layer of backfill or fill soil .material at 9S percent. 2. Under walkways, scarify and recompact top 6 inches below subgrade and compact each layer of backfill or fill soil material at 92 percent. 3. Under turf or unpaved areas, scarify and recompact top 6 inches below subgrade and compact each layer of backfill or fill soil material at 90 percent. 4. For utility trenches, compact each layer of initial and final backfill soil material at 90 percent. TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 EARTHWORK 02300 - 8 1.18 PREPARATION OF PAVEMENT SUBGRADES A. Prior to placement of fill, any embankment foundation shall be thoroughly inspected by the Owner's Representative. If in the opinion of the Owner's Representative, the embankment foundation is not adequate to support pavement, the embankment foundation shall be proof-rolled by a roller or loaded ten-wheeler to the satisfaction of the Owner's Representative. Any loose, soft, wet, frozen, organic or otherwise unsuitable material shall be removed. B. Shape the entire subgrade to the required line, grade, and cross slope. Remove any protruding stones larger in diameter than 5 inches and fill the resulting depressions with an approved material. C. Roll the subgrade surface with a roller weighing not less than 10 tons and achieve the required compaction densities specified. If during construction, the Contractor allows the subgrade to become wet and rutted, re-shape, aerate, recompact subgrade, as required. Compact the entire width of the area to receive pavement and shoulders. Where subgrade failures occur due to rolling, thoroughly roll and compact these areas until no further consolidation is apparent. D. When pavements cannot be placed immediately after the preparation of the subgrade, the entire subgrade area shall be restricted to construction traffic until subbase materials can be placed. E. After rolling, the finished subgrade shall not vary more than 0.05 feet from the established grade and cross slope. 1.19 FIELD QUALITY CONTROL A. Special Inspections: Owner will engage a qualified special inspections testing agency to perform tests and special inspections: Determine prior to placement of fill that site has been prepared in compliance with requirements. Determine that fill material and maximum lift thickness comply with requirements. Determine, at the required frequency, that in-place density of compacted fill complies with requirements. B. Contractor shall be responsible for scheduling testing agency to inspect and test subgrades and each fill or backfill layer. Proceed with subsequent earth moving only after test results for previously completed wor~ comply with requirements. C. Footing subgrade: At footing subgrades, at least one test of each soil stratum will be performed to verify design bearing capacities. Subsequent verification and approval of other footing subgrades may be based on a visual comparison of subgrade with tested subgrade when approved by Owner's Representative. 1. Paved and Building Slab Areas: At subgrade and at each compacted fill and backfill layer, at least one test for every 2,000 sq. ft. or less of building slab, 5,000 sq. ft in paved areas, but in no case fewer than three tests. 2. Foundation Wall Backfill: At each compacted backfill layer, at least one test for every l00 feet or less of wall length, but no fewer than two tests. 3. Trench Backfill: At each compacted initial and final backfill layer, at least one test for every 200 feet or less of trench length, but no fewer than two tests. D. When testing agency reports that subgrades, fills, or backfills have not achieved deg-•ee of compaction specified, scarify and moisten or aerate, or remove and replace soil materials to depth required; recompact and retest until specified compaction is obtained. TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 EARTHWORK 02300 - 9 1.20 STORAGE OF MATERIALS A. All excavated materials shall be stored in locations so as not to endanger the work, and so that easy access may be had at all times to all parts of the excavation. Stored materials shall be kept neatly piled and trimmed, so as to cause as little inconvenience as possible to other Contractors on site or to adjoining property owners. B. Topsoil suitable for final grading shall be removed and stored on-site separately from other excavated material. C. Any stockpiles created and not re-used within 14 days shall be seeded to prevent erosion. Silt fence shall be installed and maintained around stockpiles as appropriate. 1.21 SOIL STABILIZATION A. A geotextile layer shall be placed upon the completed subgrade of pavements, rip-rap, and drainage trenches as shown on the Contract Drawings. 1.22 SETTLEMENT A. Repair to proper grade any settlement of slab, pavement, utility structure, lawn, etc. adversely affected by settlement within one (1) year after final acceptance of building at no expense to Owner. END OF SECTION 02300 TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 TURF AND GRASSES 02920 - 1 SECTION 02920 -TURF AND GRASSES PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Condi- tions and Division 1 Specification sections, apply to work of this section. 1.2 SUMMARY OF WORK A. Installation of new lawns in non-athletic field areas. B. Restoration of lawn areas disturbed by construction. 1.3 QUALITY ASSURANCE A. Contractor shall retain for inspection the following items: 1. Product packaging label for all seed and fertilizer, bearing the analysis of the contents, and in sufficient quantities to meet the requirements of the project. 2. Topsoil receipts with material analysis (organic content). B. All work in conjunction with lawns and landscaping shall be performed under the direction of individuals experienced in the establishment of lawns. 1.4 WARRANTY A. Provide a uniform stand of grass by watering, mowing, and maintaining lawn areas until final acceptance by the Owner's Representative. Reseed seeded areas which fail to provide a uniform stand of grass, with specified materials until all affected areas are accepted by the Owner's Rep- resentative. PART 2 -PRODUCTS 2.1 FERTILIZER A. Granular, not less than 50% slow release, analysis: 1. Starter Fertilizer: 18-24-3. 2.2 LAWN SEED A. Grade A quality, fresh and recleaned and proven to produce satisfactory growth in the locality of the project. Seed Mix: Fresh, clean and from cui7•ent season's crop, delivered in original packag- es, unopened, bearing guaranteed analysis. Seed shall meet State standards of germination and purity and specific to the USDA plant hardiness zone for the project site. 1. Composed of the following varieties, mixed to the specified proportions by weight. 2. All lawnsare to be seeded at a rate of 4 pounds per 1,000 SF with mix consisting of: Common Names Parts Perennial r e 34% Kentuck blue ass 33% Cree in red fescue 33%r, TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 TURF AND GRASSES 02920 - 2 2.3 MULCH A. Straw Mulch: Clean oat or wheat straw well seasoned before baling, free from mature seed bear- ing stalks or roots of prohibited or noxious weeds. 2.4 WATER A. Free of substance harmful to plant growth. Hoses, pumps, sprinklers or other methods of distribu- tion furnished by Contractor. Water and traveling sprinkler shall be provided by the Owner. 2.5 TOPSOIL A. General Topsoil 1. Approved topsoil, obtained from excavation and grading work or if insufficient material (either quantity and/or quality) is available, it shall be imported. All topsoil shall be depth as indicated under Spreading Topsoil of this specification. 2. Topsoil -shall be the surface layer of soil with no admixtures or material toxic to plant growth. Care should be taken to limit the amounts of subsoil refuse, roots, branches, stones, clay lumps, similar objects larger than one-inch, and other debris mixed with the topsoil during stripping and stockpiling. Sod and herbaceous growth such as grass and weeds need not be removed but shall be thoroughly broken up during the pulverizing process. 3. Imported topsoil shall meet the following requirements: a. The pH of the material shall be between 5.5 and 7.6. b. The organic content shall be not less than 2% or more than 15%. c. Gradation requirements (by weight) shall be 100% passing the 2" sieve, 85-100% passing the 1" sieve (100% for athletic fields), and 20-80% passing the #200 sieve. All topsoil utilized for athletic field constiliction shall have a maximum particle diameter of 1". 4. The Contractor shall be responsible for amending imported topsoil with approved materi- als and by approved methods to meet the above specifications, at no additional cost to the Owner. The material shall be stockpiled and tested prior to use on the project. The pro- cessed topsoil is subject to approval by the Owner's Representative. 2.6 SEEDING ACCESSORIES A. Weed Killer 1. If necessary in the opinion of the Owner's Representative, an application of broadleaf weed killer may be required prior to final acceptance. B. Mulch Tackifier 1. Apply liquid tackifier uniformly at the rate of 60 gallons per acre, if needed, to keep straw mulch in place. C. Ground Limestone 1. Shall be applied at a rate sufficient to adjust pH to between 6.0 and 7.0 as determined by the testing laboratory. Rate of lime application not to exceed 50 pounds per 1000 sf. 2. Calcic or dolomitic ground limestone. 3. Shall contain not less than 85% of total carbonates. 4. Magnesium oxide - 10% minimum content for dolomitic and high magnesium limes. .5. Sieve Analysis - at least 50% will pass through a No. 100 mesh sieve and 90% will pass through a No. 20 mesh sieve. 6. Coarser material may be used providing the rates of application are increased as approved by the Owner's Representative. TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 TURF AND GRASSES 02920 - 3 PART 3 -EXECUTION 3.1 PREPARATION A. Verify that all underground and above ground work has been completed to the point where top- soiling, fertilizing, seeding and mulching operations may properly commence without unneces- sary disturbances at a later date. 3.2 SPREADING TOPSOIL A. In areas to be seeded or sodded, provide topsoil to a minimum compacted thickness of 6 inches. In the event that insufficient topsoil is not available from stripping the area to be excavated, the Contractor shall import enough additional topsoil to make up the deficit at no additional cost to the Owner. B. Loosen all ground surfaces to a minimum depth of 2" to facilitate bonding of the topsoil to the subgrade. Use discs, spike-toothed harrows or other approved means. C. Clean surface of subgrade of all stones, sticks and rubbish larger than 2" (1" in athletic field are- as) in size and all litter and detrimental. materials. Do not spread topsoil until the Owner's Repre- sentativehas approved the previously established subgrade. Spread topsoil evenly on the ap- proved prepared subgrade and lightly compact. D. Carry out spreading so that tu~ng operations can proceed with a minimum of soil preparation or tilling. Do not spread topsoil when the ground is frozen, excessively wet or otherwise in a condi- tion detrimental to the work in conformance with all legal requirements and in a manner accepta- ble to the Owner's Representative. E. Finished Grades: Shall be understood to be final spot grades and contours indicated on the Con- tract Drawings. Where final spot grades or new contours are not indicated, finished grades shall be uniformly level or sloping between points for which elevations are given or contours are shown or shall be graded to the elevations which previously existed. However, final surface grades shall afford positive drainage of all areas at all times. F. Tops and Bottoms of All Slopes: Round tops and bottoms of slopes and drainage swales. Adjust and warp slopes, at intersections of cuts and fills, to flow into each other or into the existing natu- ral ground surface without noticeable break. Cuts and fills shall have a maximum slope of 3' hori- zontally to 1' vertically, unless otherwise shown on the contract drawings. G. Fine Grading Lawn Areas: Bring the grade of areas to receive lawns to a uniform, level slope, as determined by the use of surveying instruments, by discing, harrowing and other methods ap- proved by the Owner's Representative. H. When establishing finish grades, remove and dispose of all clods, hard lumps, stones and rocks, roots, litter and other foreign matter not passing through the teeth of a hand iron rake. Tractor drawn raking equipment that compacts lawn areas will not be allowed. Dispose of alI such mate- rials off-site. I. Remove all topsoil spilled on highways, shoulders, sidewalks, driveways and other surfaces for which topsoil is not specified or required. TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 TURF AND GRASSES 02920 - 4 Settlement: Maintain ground surfaces to the finish grades shown on the Contract Drawings, and deposit whatever additional topsoil that may be required to correct any settlement or erosion that occurs prior to the date of issuance of the Certificate of Final Acceptance. The surface upon which additional topsoil is to be deposited shall be raked or otherwise satisfactorily prepared to ensure a proper bond. Fill hollows that develop from settling, to the finished elevations, with ap- proved topsoil. Finished lawn areas shall be left sufficiently high to meet all paved areas and catch basins after settlement. 3.3 SEEDING LAWNS AREAS A. Seeding Limits: All ground area within the indicated contract limit lines, or any additional area which has been disturbed in any way by the construction operations, shall be fine graded and planted with lawn seed mix unless otherwise indicated on the drawings to be covered with trees, shrubs, structure(s), walks, roads, or other surfaced areas. B. Responsibility: The Contractor shall utilize all such measures as may be necessary, including, but not limited to, protective fencing, sod, or erosion control netting to produce a finished continuous blanket of turf over all areas designated to receive lawns. C. Liming (used when required to adjust pH of topsoil): 1. Apply separately at a rate sufficient to bring the pH of the topsoil between 6.0 and 7.0 as determined by the testing lab, prior to fertilizing, seeding and sodding. Lime may be ap- plied dry by spreader or as an aqueous solution by spraying. Rate of lime application not to exceed SO lbs per 1000 sf. 2. After application, work lime into the top 3" of topsoil and redress surface to a smooth fin- ish. D. Fertilizer (Dry) 1. Apply fertilizer to indicated lawn areas at a rate equal to 1.0 pound of actual nitrogen per 1,000 square feet (430 pounds of fertilizer per acre). 2. Apply fertilizers by mechanical rotary or drop type distributor, thoroughly and evenly in- corporatedinto soil to a depth of 3", by discing or other approved method. Fertilize areas inaccessible to power equipment with hand tools and incorporate into soil. 3. Restore prepared areas to specified condition if eroded, settled, or otherwise disturbed, after fine grading and prior to seeding. E. Seeding Operations (Lawns Only) 1. Dry Seeding a. Seed immediately after preparation of bed. Spring seeding between April 1 (or thereafter when ground becomes workable) and June 1, and Fall seeding between August 15 and October 15, or at such other times acceptable to the Owner's Rep- resentative. b. Seed indicated areas, within contract limits and areas adjoining contract limits, dis- turbed as a result of construction operations. c. Perform seeding operations when the soil is dry and when winds do not exceed 5 .mites per hour velocity. d. Apply seed with a rotary or drop type distributor. Install seed evenly by sowing equal quantities in two directions, at right angles to each other. e. Sow grass seed at rate recommended by seed vendor and approved by the Owner's Representative. The total rate of seed application shall be based upon "new lawn" requirements. f. Apply starter fern izer (18-24-3) at a rate of 1 pound Nitrogen per 1,000 square feet. TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 TURF AND GRASSES 02920 - 5 g. After seeding, lightly rake or drag surface of soil to incorporate seed into top 1/8" of soil. Roll with light lawn roller. 2. Wet (Hydro) Seeding a. Contractor may apply seed and fertilizer by spraying them in the form of an aque- ous mixture. Water used shall be fresh water free from injurious chemicals and other toxic substances harmful to plant life. b. Equipment shall be of a type made specifically for this purpose and capable of maintaining a uniform mixture, even when not spraying. Use a hydromulcher (sprayer). c. Apply mixture(s) at the following rates. Mix in accordance with manufacturer's recommendations. Grass Seed: 100 pounds/acre (standard); 175 lbs./acre (athletic). Fertilizer: 430 pounds/acre. Tackifier: 60 gallonslacre. Wood Cellulose Fiber Mulch: 2,000 pounds/acre. d. Protect all paving, buildings, plantings and all nonseeded areas from over spraying of hydroseed mixture. Contractor shall clean up unwanted deposits at his ex- pense. e. Roll seeded surfaces if mulch is not used and only after soil has dried. Roll with light lawn roller. f. Anon-harmful color additive that colors the hydroseed mixture green shall be add- ed to the mixture to allow visual metering of its application. The hydroseed mix- ture shall be sprayed upgrade and uniformly on the surface of the soil to form an absorbent cover, allowing percolation of water to the underlying soil. F. Mulching of Lawn Areas (Lawns Only) 1. Place straw mulch on seeded areas within 24 hours after seeding. 2. Place straw mulch uniformly, in a continuous blanket, at the rate of 2-1/2 tons per acre or two 50 pound bales per 1,000 square feet of area. A mechanical blower may be used for straw mulch application, when acceptable to the Owner's Representative. 3. Anchor straw mulch with liquid tackifier, applied uniformly at a rate of 60 gallons per acre. 4. Protect all paving, buildings, plantings and all nonseeded areas from liquid tackifier over-spray. 5. Provide straw bales checking in ditches or problem swales at intervals required to ade- quately slow water velocity and impede soil loss. 3.4 LAWN MAINTENANCE A. Maintain seeded areas, including watering, spot weeding, mowing, applications of herbicides, fungicides, insecticides and reseeding until a full, uniform stand of grass free of weeds, undesira- ble grass species, disease and insects is achieved. The Contractor shall maintain all seeded areas for a minimum period of 60 days after completion and final acceptance of seeding operations by the Owner's Representative. B. Water daily to maintain adequate surface soil moisttue for proper seed germination. Owner to provide water and traveling sprinkler device. Continue daily watering for not less than 30 days. Thereafter, apply 1/2" of water twice weekly until final acceptance. C. Repair, rework, and reseed all areas where seed fails to germinate or where erosion, people, ve- hicular traffic, or other causes have damaged seeded areas. D. Mow lawn areas as soon as lawn top growth exceeds a 3" height. Cut back to 2-1/2" in height. Repeat mowing as required to maintain specified height of 2-i/2". TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 TURF AND GRASSES 02920 - 6 E. Apply fertiliser to lawns approximately 30 days after seeding, at a rate equal to 1.0 pounds of ac- tual niriogen per 1,000 square feet. Apply with mechanical rotary or drop type distributor. Thor- oughly water into soil. F. Maintain seeded banks, ditches, medians and fields. Regrade and reseed washed out or eroded areas as required, until a suitable cover is established. 3.5 FINAL ACCEPTANCE A. Inspection to determine final acceptance of lawn or sod areas will be made by the Owner's Rep- resentative upon Contractor's request. Provide notification at least 10 working days before re- questedinspection date. 1. Seeded areas will be acceptable provided all requirements, including maintenance, have been completed and a healthy, uniform, close stand of the specified grass is established, free of weeds, undesirable grass species, disease and insects. 2. In areas requested to be inspected, no individual seeded areas shall have bare spots or un- acceptablecover totaling more than 2% of the individual areas. B. Upon final acceptance of the seeding operations and completion of the maintenance period, the Owner will assume lawn maintenance. END OF SECTION 02920 TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 GENERAL PROVISIONS FOR ELECTRICAL WORK 260000 - 1 SECTION 260000 -GENERAL PROVISIONS FOR ELECTRICAL WORK PART 1 -GENERAL 1.1 SCOPE OF WORK A. The work included in this Contract is shown on the drawings and described in these specifications. It consists of furnishing all labor, material, services, supervision and connection of all systems shown and/or specified including the requirements of: DIVISION 0 - BIDDIlVG AND CONTRACT REQUIREMENTS DIVISION 1 - GENERAL REQUIREMENTS DIVISION 26 - ELECTRICAL DIVISION 27 - COMMUNICATIONS DIVISION 28 - ELECTRONIC SAFETY AND SECURITY B. Contractor is responsible to review and understand all drawings and all work of all trades to ensure a complete and thorough project. C. Provide all labor, tools, materials, equipment, coordination, and plans necessary for installation and proper operation of the electrical systems. D. Contract drawings and specifications are complementary and must be so used to ascertain all requirements of the work. 1.2 DEFINITIONS A. Provide, furnish, install, and furnish and install shall have the same meaning. That is, the Contractor shall purchase, transport to the site and install all required components of the work unless specifically stated otherwise in the contract documents. B. Wiring pertains to raceway, fittings, conductors, terminations, hangers, supports, etc. as required to form a complete system. 1.3 DRAWINGS AND SPECIFICATIONS A. The plans are diagrammatic and indicate only the sizes and general arrangement of conduit, devices, and equipment; exact locations of all elements shall be determined as work progresses, in cooperation with the work of other trades. It is not intended to show every item of work or minor piece of equipment, but every item shall be furnished and installed without additional remuneration as necessary to complete the system in accordance with the best practice of the trade. B. As previously stated, the exact locations of electrical devices and equipment is diagrammatic. The owner may request for any devices or equipment to be installed at different locations than what is inciicated on the drawings in a specific area or room. It is the responsibility of the Electrical Contractor to coordinate the locations of devices in all areas prior to installation. Clark Patterson lxe 12/20/2013 TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 GENERAL PROVISIONS FOR ELECTRICAL WORK 260000 - 2 1.4 APPLICABLE STANDARDS A. All equipment shall bear the UL label. B. The latest edition of the following minimum standards shall apply wherever applicable: ASA American Standards Association ASTM American Society for Testing Materials ETL Electrical Testing Laboratories, Inc. IEEE Institute of Electrical and Electronic Engineers IPCEA Insulated Power Cable for Engineers Association OSHA Occupational Safety and Health Act NEC National Electric Code NEMA National Electrical Manufacturers Association NESC National Electrical Safety Code NFPA National Fire Protection Association UL UnderwiYters Laboratories, Inc. Power company standards and regulations. Local and state codes. C. In the event there are conflicts between specifications and standards, standards shall govern unless specifications are in excess of standards. 1.5 PERMITS AND INSPECTIONS A. Permits: The Contractor shall apply for and pay the cost for any local permits necessary for the work of this contract. B. Inspections: The Contractor shall be responsible for obtaining inspection of and the certificate by a 3"~ party inspection agency for the entire electrical system. Turn over certificate of inspection to the architect. C. The undertaking of periodic inspections by the Owner or Engineer shall not be construed as supervision of actual construction. The Owner or Engineer is not responsible for providing a safe place of work for the Contractor, Contractor's employees, suppliers or subcontractors for access, visits, use, work, travel or occupancy by any person. 1.6 CODES AND REGULATIONS A. Comply with all applicable Hiles and regulations of the municipal laws and ordinances and latest revisions thereof. All work shall be done in full conformity with the requirements of all authorities having jurisdiction. Modifications required by the above authorities will be made without additional charges to the Owner. Where alterations to and/or deviations from the Contract Documents are required by the authorities, report the requirements to the Engineer and secure approval before work is started. B. Furnish and file with the proper authorities, all drawings required by them in connection with the work. Obtain ali permits, licenses, and inspections and pay all legal and proper fees and charges in this connection. C. Should any work shown or specified be of lighter or smaller material than Code requires, same shall be executed in strict accordance with the regulations. Clark Vatteisnn [xe f 2/20/2013 TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412 07 GENERAL PROVISIONS FOR ELECTRICAL WORK 260000 - 3 D. Heavier or larger size material than Code requires shall be furnished and installed, if required by the Plans and Specifications. E. This Contractor shall have the electrical work inspected from time to time by authorized inspectors and shall pay all expense incurred by same. At the completion of the work, the Contractor shall furnish a Certificate of Approval, in triplicate, indicating full approval of the work furnished and installed in this Contract from the local authority having jurisdiction. F. Equipment and components parts thereof shall bear manufacturer's name-plate, giving manufacturer's name, size, type and model number or serial number, electrical characteristic to facilitate maintenance and replacements. Name plates of distributors or contractors are not acceptable. G. Engineer will have privilege of stopping any work or use of any material that in his opinion is not being properly installed and each Contractor shall remove all materials delivered, or work erected, which does not comply with Contract Drawings and Specifications, and replace with proper materials, or correct such work as directed by the Engineer, at no additional cost to Owner. H. If equipment or materials are installed before proper approvals have been obtained, each Contractor shall be liable for their removal and replacement including work of other trades affected by such work, at no additional cost to Owner, if such items do not meet intent of the Drawings and Specifications. 1.7 RECORD DRAWINGS A. The Electrical Contractor shall keep an accurate location record of all underground and concealed piping, and of all changes from the original design. He is required to furnish this information to the Engineer prior to his application for final payment. 1. Submit prior to final acceptance inspection, one complete marked-up set of reproducible engineering design drawings. a. Fully illustrate all revisions made by all crafts in course of work. b. Include all field changes, adjustments, variances, substitutions and deletions, including all Change Orders. c. Exact location of raceways, equipment and devices. d. Exact size and location of underground and under floor raceways, grounding conductors and duct banks. 2. These drawings shall be for record purposes for Owner's use and are not considered shop drawings. B. At completion of the project, all changes and deviations from the Contract Documents shall be recorded by the Contractor. C. Two (2) hard copies of as-built drawings and (2) two sets of electronic copies-on disks shall be furnished to the owner D. Four (4) corrected sets of all operating and maintenance instructions and. complete parts lists bound in hard covers shall be furnished to the Owner. 1.8 CLEANING CONDUIT AND EQUIPMENT A. Conduit and e]ectrical equipment shall be thoroughly cleaned of dirt, cuttings, and other foreign substances. C'(ark Pattersrn~ Lee l2l2ol2Ut3 TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 GENERAL PROVISIONS FOR ELECTRICAL WORK 260000 - 4 1.9 BALANCED LOAD A. It is intended that design and features of the work as indicated will provide balanced load on the feeders and main service. Contractor shall provide material and installation to provide this balance load insofar as possible. B. Contractor shall take current and voltage measurements at all panels of at least 1/2 hour. Reconnections of loads shall be made when deemed necessary by the Engineers. 1.10 JOB CONDITIONS A. Examine site related work and surfaces before starting work of any Section. Failure to do so shall in no way relieve the Contractor of the responsibility to properly install the new work. 1. Report to the Engineer, in writing, conditions, which will prevent proper provision of this work ten (10) days prior to bid date, in time for an addendum to be issued . 2. Beginning work of any Section without reporting unsuitable conditions to the Engineer constitutes acceptance of conditions by the Contractor. 3. Perform any required removal, repair or replacement of this work caused by unsuitable conditions at no additional cost to Owner. 4. The Contractor is responsible for performing routine maintenance and cleaning of any existing equipment where he is making connections to new work and to the building where his work adds debris. B. Connections to existing work: 1. Install new work and connect to existing work with minimum intetference to existing facilities. 2. Provide temporary shutdowns of existing services only with written consent of Owner at no additional charges and at time not to interfere with normal operation of existing facilities. 3. Maintain continuous operation of existing facilities as required with necessary temporary connections between new and existing work. 4. Do not inteit•upt alarm and emergency systems. 5. Connect new work to existing work in neat and acceptable manner. 6. Restore existing disturbed work to original condition including maintenance of wiring and continuity as required. Replace damaged or rusted conduit to which new equipment is being installed and connected. C. Removal and relocation of existing work. 1. Disconnect, remove or relocate electrical material, equipment and other work noted and required by removal or changes in existing construction. 2. Provide new material and equipment required for relocated equipment. 3. Disconnect load and line end of conductors feeding existing equipment. 4. Remove conductors from existing raceways to be rewired. 5. Remove conductors and cap outlets on raceways to be abandoned. 6. Dispose of removed raceways and wire. 7. Dispose of removed electrical equipment as directed by Owner. The Owner shall provide a list of equipment of the Contractor of equipment to be delivered to the Owner. 1.11 SPECIAL TOOLS AND LOOSE ITEMS A. Furnish to Owner at completion of work: 1. One set of any special tools required to operate, adjust, dismantle or repair equipment furnished under any section of this Division. Clark Patterson !ae t2l2O/2D13 TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 GENERAL PROVISIONS FOR ELECTRICAL WORK 260000 - 5 2. "Special Tools": Those not normally found in possession of maintenance personnel. 3. Keys 4. Redundant components and spare parts. B. Deliver items to Owner and obtain receipt prior to approval of final payment. 1.12 REVIEW OF CONSTRUCTION A. Work may be reviewed at any time by representative of the Engineer. B. Advise Architect and Engineer that work is ready for review at following times: 1. Prior to backfilling btu-ied work. 2. Prior to concealment of work in walls and above ceilings. 3. When all requirements of contract have been completed. C. Neither backfill nor conceal work without Engineer's consent. 1.13 SHOP DRAWING SUBMITTALS A. Submit required shop drawings, samples and product information in accordance with Division 1, requirements and as required in the various sections of these specifications. B. Submittals shall show evidence of checking by the Contractor for accuracy. Product information (catalog sheets) shall indicate complete catalog number, color, accessories, etc., as well as, name of manufacturer and local distributor or manufacturer's representative. C. Submit for review detailed coordination drawings 3/8" or larger scale plans for all major electrical equipment and any areas of conflicts by drafting location of equipment, lighting fixtures, cable trays and conduits larger than 1-1/2" trade size. Contractor shall refer to Division 1 for preparing coordination drawings. D. Incomplete submittals will be rejected. E. Additionally, the Contractor will submit data on the following: 1. All electrical equipment including all panelboards and switching devices (disconnects, switches, occupancy sensors, etc.). 2. Fire stop seals used for wall penetrations. 3. Any proposed variation in specified wiring plans and circuitry. 4. All special items and panels, made or constructed specifically for this project, including wiring diagrams, component layout and component data or materials list. 5. All settings of installed equipment, such as overcurrent protection, overload settings, temperature settings, time settings, etc. This includes equipment provided by other contractors or subcontractors and connected and tested by this Contractor. F. All submittals of NON SPECIFIED equipment and components will be reviewed. It is the submitting Contractor's responsibility to prove compliance and not the Architect/Engineer to prove non-compliance. The submitting Contractor will be charged the prevailing wage of the reviewing Engineer for all submittals requiring over one (1) hour to review that were not originally specified. 1.14 OPERATING INSTRUCTIONS A. It shall be the Contractor's responsibility to insure that the Owner's representative is given adequate instruction on the operation of all equipment prior to final payment. Clark Patterson Lee 1 2120/20 1 3 TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 GENERAL PROVISIONS FOR ELECTRICAL WORK 260000 - 6 1.15 TEMPORARY POWER A. The Contractor shall provide temporary power as required for all construction locations of this contract. This will include but not be limited to temporary lighting and power outlets as needed. PART2-PRODUCTS 2.1 MATERIALS A. All materials and equipment shall be new and as specified or of equal or better quality. B. Basic hardware and miscellaneous items shall meet existing trade standards of quality and shall carry UL or FM listings where applicable. C. All equipment supplied shall be the standard equipment of the manufacturer. D. Multiple items such as panelboards, wiring devices, switches, bl•eakers, raceways, etc., shall be from the same manufacturer. E. Drawings and specifications aie based on specific manufacturer's equipment. Therefore, the Contractor shall assume all responsibility, cost and coordination involved in making any necessary revisions to apply another manufacturer's equipment, even though it may be approved as an "equal" item by the Engineer. PART 3 -EXECUTION 3.1 COORDINATION OF WORK A. All work shall be executed in accordance with recognized standards of workmanship. All work shall be installed in a neat and orderly manner. B. The Contractor shall exchange information with other Contractors and the Owner in order to insure orderly progress of the work. C. The Contractor must contact the Owner's representative and schedule all work ten (10) days prior to start. D. The Contractor shall check for possible interference before installing any items. If any work is installed, and later develops interference with other features of the design, the Contractor will be responsible to make such changes to eliminate the interference. 3.2 CEILING REMOVAL A. Existing ceilings which must be removed for the installation of new work or demolition of existing conditions shall be done by the Contractor. No ceiling shall be removed without prior approval of the Owner. Ceilings which must be removed shall be 1•estor•ed to their original condition as soon as practical and prior to final payment. B. The removed the of lily-in type ceilings shall be stored either in the ceiling space or at a designated space in the building. No tiles shall be stored in the occupied space. C. The Contractor shall take all necessary precautions to prevent damage to the existing ceilings. All damaged ceilings shall be replaced with new ceiling construction to match the existing and to the Owner's satisfaction. Clark Ptuten~n Ixc t2/20/2U13 TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 GENERAL PROVISIONS FOR ELECTRICAL WORK 260000 - 7 3.3 COMMON REQUIREMENTS FOR ELECTRICAL INSTALLATION A. Comply with NECA 1. B. Measure indicated mounting heights to bottom of unit for suspended items and to center of unit for wall-mounting items. C. Headroom Maintenance: If mounting heights or other location criteria are not indicated, arrange and install components and equipment to provide maximum possible headroom consistent with these requirements. D. Equipment: Install to facilitate service, maintenance, and repair or replacement of components of both electrical equipment and other nearby installations. Connect in such a way as to facilitate future disconnecting with minimum interference with other items in the vicinity. E. Right of Way: Give to piping systems installed at a required slope. 3.4 FIRESTOPPING A. Apply firestopping to penetrations of fire-rated floor and wall assemblies for electrical installations to restore original fire-resistance rating of assembly. END OF SECTION 260000 Clark Patterson l.ee 12/20/2013 TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 LOW-VOLTAGE CONDUCTORS AND CABLES 260519 - 1 SECTION 260519 -LOW-VOLTAGE CONDUCTORS AND CABLES PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Condi- tions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes building wires and cables and associated connectors, splices, and termina- tions for wiring systems rated 600 V and less. 1.3 SUBMITTALS A. Field Test Reports: Indicate and interpret test results for compliance with performance require- ments. 1.4 QUALITY ASSURANCE A. Testing Agency Qualifications: In addition to requirements specified in Division 1, an independ- ent testing agency shall meet OSHA criteria for accreditation of testing laboratories, Title 29, Part 1907; or shall be afull-member company of the InterNational Electrical Testing Association. 1. Testing Agency's Field Supervisor: Person currently certified by the InterNational Elec- ri-ical Testing Association or the National Institute for Certification in Engineering Tech- nologies, to supervise on-site testing specified in Part 3. B. Listing and Labeling: Provide wires and cables specified in this Section that aie listed and la- beled. 1. The Terms "Listed" and "Labeled": As defined in NFPA 70, Article 100. 2. Listing and Labeling Agency Qualifications: A "Nationally Recognized Testing Labora- tory" as defined in OSHA Regulation 1910.7. C. Comply with NFPA 70. 1.5 DELIVERY, STORAGE, AND HANDLING A. Deliver wires and cables according to NEMA WC 26. 1.6 COORDINATION A. Coordinate layout and installation of cables with other installations. B. Revise locations and elevations from those indicated, as required to suit field conditions and as approved by Architect. PART 2 -PRODUCTS 2.1 MANUFACTURERS A. Manufacturers: Subject to compliance with requirements, provide products by one of the follow- ing: I. Wires and Cables: a. Okoni to Clerk f'tnlc~~a~ l~ c 12/20/2013 TOWN OF WAPPINGER ROBIlVSON LANE BASEBALL FIELD 11412.07 LOW-VOLTAGE CONDUCTORS AND CABLES 260519 - 2 b. American Insulated Wire Corp.; Leviton Manufacturing Co. c. BICC Brand-Rex Company. d. Southwire Company. 2. Connectors for Wires and Cables: a. General Signal; O-Z/Gedney Unit. b. Square D Co.; Anderson. c. 3M Company; Electrical Products Division. 2.2 BUILDING WIRES AND CABLES A. UL-listed building wires and cables with conductor material, insulation type, cable construction, and rating as specified in Part 3 "Wire and Insulation Applications" Article. B. Rubber Insulation Material: Comply with NEMA WC 3. C. Thermoplastic Insulation Material: Comply with NEMA WC 5. D. Cross-Linked Polyethylene Insulation Material: Comply with NEMA WC 7. E. Ethylene Propylene Rubber Insulation Material: Comply with NEMA WC 8. F. Conductor Material: Copper. G. Stranded conductors. 2.3 CONNECTORS AND SPLICES A. UL-listed, factory-fabricated wiring connectors of size, ampacity rating, material, type, and class for application and service indicated. Comply with Project's installation requirements and as specified in Part 3 "Wire and Insulation Applications" Article. PART 3 -EXECUTION 3.1 EXAMINATION A. Examine raceways and building finishes to receive wires and cables for compliance with re- quirements for installation tolerances and other conditions affecting performance of wires and ca- bles. Do not proceed with installation until unsatisfactory conditions have been corrected. 3.2 WIRE AND INSULATION APPLICATIONS A. Feeders: Type THHN/THWN, in raceway. B. Branch Circuits: Type THHN/THWN, in raceway. 3.3 INSTALLATION A. Install wires and cables as indicated, according to manufacturer's written instructions and NECA's "Standard of Installation." B. Remove existing wires from raceway before pulling in new wires and cables. C. Pull Conductors: Use manufacturer-approved pulling compound or lubricant where necessary; compound used must not deteriorate conductor or insulation. Do not exceed manufacturer's rec- ommended maximum pulling tensions and sidewall pressure values. D. Use pulling means, including fish tape, cable, rope, and basket-weave wire/cable grips, that will not damage cables or raceway. Clark Patterson [xc I?12012013 TOWN OF WAPPINGER ROBINSON LANE BASEBALL FIELD 11412.07 LOW-VOLTAGE CONDUCTORS AND CABLES 260519 - 3 E. Install exposed cables, parallel and perpendicular to surfaces of exposed structural members, and follow surface contours where possible. F. Support cables according to Division 26 Section "Hanger sand Support sfor electrical Systems." G. Seal around cables penetrating fire-rated elements. H. Identify wires and cables according to Division 26 Section "Electrical Identification." 3.4 CONNECTIONS A. Conducto)• Splices: Keep to minimum. B. Install splices and tapes that possess equivalent or better mechanical shength and insulation )•at- ings than conductors being spliced. C. Use splice and tap connectors compatible with conductor material. D. Wiring at Outlets: Install conductor at each outlet, with at least 12 inches of slack. E. Connect outlets and components to wiring and to ground as indicated and instructed by manufac- turer. F. Tighten electrical connectors and terminals according to manufacturer's published torque- tightening values. If manufacturer's torque values are not indicated, use those specified in UL 486A and UL 486B. 3.5 FIELD QUALITY CONTROL A. Testing: On installation of wires and cables and before electrical circuiriy has been energized, demonstrate product capability and compliance with requirements. 1. Procedures: Perform each visual and mechanical inspection and electrical test stated in NETA ATS, Section 7.3.1. Certify compliance with test parameters. B. Correct malfunctioning conductors and cables at Project site, where possible, and retest to demonstrate compliance; otherwise, remove and replace with new units and retest. END OF SECTION 260519 Clark P~ulersrni Lee 1 ?/2(U2U 13 RVParkSupplies.com Phase Lo±oin tr,t~h~~+,~ Gednust~ a~. m.»n, i 12-Apr-13'16:05 f3MT © F~acetwok .. sne~'ns sct ' ~+chllfi~Ylli A~.~-~- PRODUCTS: RV Park Products Benches Bike Racks Camosite Products G~arette Recej-tacles Commercial Trash Receptacles Convex Mirrors Dumo Station Suo Ip ies Fee Collection Fire Rinas First Ald Ktts Sitill~ Halr Orvers Hand Dryers Hot Coal Bins ]anitorial Key Cabinets Laundry Suo lies ~B1~If Parkins Stoos Pet Waste Stations Picnic Tables Bank Deposit Baas Restroom Suoolies RV Power Outlet Boxes Safes Sewer Suoolies Soeed Bumos Speed Humos Stencils Traffic Cones Traffic Sians Traffic Sian Posts Yard Hvdrants.Frost Proof RVer Products Camnina Products Marine Products Street Products Dogipot Products Dogioot Sale Contact Usc Voice: 1,360.988-0960 Monday -Friday 8:00 - 4:00 PDT Fax:1-868.9$4.4837 ~IC.Emai! 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Choose receptacles (50 amp 125/250 V, 30 amp 125 V, 2D amp 125V), choose style (surface mount, pad mount. pedestal, bade-to-back pedestal or mobile service with 20 amp, 125V), choose (unmetered, metered ringless or metered ring), and if you want unit with small rectangular site identification light. • Suitable for campground, RV and temporary service • UL Listed • NEMA type 3R rainproof enclosure for outdoor use • One piece enclosures constructed from 16-ga. 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