Preview
FILED: NASSAU COUNTY CLERK 01/25/2024 02:52 PM INDEX NO. 619936/2023
NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 01/25/2024
FILED: NASSAU COUNTY CLERK 01/25/2024 02:52 PM INDEX NO. 619936/2023
NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 01/25/2024
TOWN HALL
HEMPSTEAD, NEW YORK
@
Instructions to Bidders, Proposal,
Contract, and Specifications
for
Proposed- Fire House Friendship Engine & Hose Company, Inc.
PW#9-23 REBID General Construction
PW#10-23 REBID Electrical Construction
PW#11-23 REBID Plumbing Construction
PW#12-23 REBID Mechanical/HVAC
2075 Meadowbrook Road
Merrick, NY 11566
DEPARTMENT
OF
GENERAL SERVICES
TOWN OF HEMPSTEAD
FILED: NASSAU COUNTY CLERK 01/25/2024 02:52 PM INDEX NO. 619936/2023
NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 01/25/2024
DONALD X. CLAVIN, JR. TOWN OF HEMPSTEAD
DEPARTMENT
SUPERVISOR
COUNCIL MEMBERS
DOROTHY L. GOOSBY
OF
DENNIS DUNNE, SR.
THOMAS E. MUSCARELLA
GENERAL SERVICES
CHRISTOPHER CARINI GERALD C. MARINO
COMMISSIONER
MELISSA MILLER 350 FRONT STREET, HEMPSTEAD, N.Y. 11550-4037 PATRICK OWENS
LAURA A. RYDER (516) 489-5000 * FAX# (516) 489-0794 DEPUTY COMMISSIONER
ANTHONY LOBELLO
KATE MURRAY
DEPUTY COMMISSIONER
TOWN CLERK
TABLE OF CONTENTS CRAIG MOLLO
DEPUTY COMMISSIONER
JEANINE C. DRISCOLL
NICHOLAS MARTELLI
RECEIVER OF TAXES
DEPUTY COMMISSIONER
TITLE PAGE TITLE PAGE
BIDDERS (ADVERTISEMENT) 1 GC-48 Removal of Debris 14
A_- NOTICE TO
GC-49 Partial Completion and Acceptance 14
PROJECT, TIME & PLACE GC-50 Certificate of Completion (TF-11) 15
GC-51 Compensation to be Paid to Contractor1 5
A Bid Fee
A-2 Bid Bond GC-52 Separate Contracts 15
A-3 Location of Documents GC-53 Mutual Responsibility of Contractors 15
At Federal Equpl Opp. aie Labor Standanis GC-54 Construction Schedule and Periodical Estimates 16
GC-55 Payments to Contractors 16, 17
GC-56 Assignments 17
.
GC-57 Subcontracting - Work By Others 17, 18
B|_- INSTRUCTIONS TO BIDDERS
2 GC-58 Superintendence By Contractor 18
BI-6 Project Identification
2 GC-59 Additional Instructions and Detail Drawings 18
BI-7_ Bid Documents
BI-8 Form 2 GC-60 Stated Allowances 18
2 GC-61 Maintenance Bond 19
BI-9 Delivery of Proposals $
2 GC-62 Communications 19
BI-10 Bid Bond Deposit
3 GC-63 Live Utilities 19
BI-11_ Fee for Bid Documents
3 GC-64 Other Prohibited Interests 20
BI-12 Qualifications of Bidders
GC-65__ Risk of Loss 20
BI-13. Examination of Bid Documents
3 GC-66 Laws, Ordinances and Regulations 21
"and Familiarity of Site 21, 22, 23
BI-14 Interpretation of Documents 3 GC-67 Insurances & Indemnity
3 GC-68 Labor, Wages and Equal Employment 23, 24, 25
BI-15 Addendum
BI-16 Modifications 3 GC-69 Affirmative Action Clause for the
4 Physically and Mentally Handicapped 26
BI-17 Corrections
BI-18 Withdrawals 4 GC-70 Standard Federal Equal Employment
Contractor's Work Capability 4 Opportunity Construction Contract 27, 28, 29
BI-19 30
BI-20 Multiple Proposals 4 Specifications (Executive Order 11246)
BI-21 Collusive Agreements 4 GC-71 Notice of Requirement for Affirmative
BI-22 Performance Bond and Labor Action to Ensure Equal Employment Opportunity
giau lmement Bond F (Executive Order 11246) 31
Bl-24 Guarantee (See TF-10) 5 COT2 mae en PIORS Tor oo ae
B26 Mole 3 GC-73 Equal Opportunity Clause for Females
and Minorities (Construction) 34
35
GC_- GENERAL CONDITIONS GC-74 Sales Tax
GC-31 Definitions 6,7
GC-32 Materials and Workmanship 7,8 TF - TOWN FORMS
GC-33 Inspection and Testing of Materials 8
GC-34 “Or Equal” Clause 9 TF-1 Proposal
GC-35 Changes in Work 9 TF-1-A Bidder Acknowledgement
GC-36 Claims for Extra Cost 9 TF-1-B Disclosure Statement
GC-37 Suspension of Work 10 TF-2 Qualification Statement
GC-38 Right of the Owner to Terminate TF-3 Non-Collusive Bidding Certificate
& Liquidated Damages 10 TF-4 Bid Bond
GC-39 Extension of Time: No Waiver 11 TF-5 Notice of Award
GC-40 Protection of Work and Property 11 TF-6 Performance Bond
GC-41 Power of Contractor to Act in an TF-7 Labor and Material Payment Bond
Emergency 11 TF-8 | Agreement
GC-42 Engineer Authority 11 TF-9 Notice to Proceed
GC-43 Commence of Work (See TF-9) 12 TF-10 Maintenance Bond
GC-44 Surveys and Permits 12 TF-11 Signature page
GC-45 Drawings, Specifications TF-12 Certificate of Completion
C046 ann Ree nlesa 12, ic TF-13 W-9 Taxpayer Identification Number and Certification
GC-47 Securit 44 TF-14 Apprenticeship Training Requirements
y TF-15 Labor and Materials Payment Affidavit
Rev. 02/15/2022
FILED: NASSAU COUNTY CLERK 01/25/2024 02:52 PM INDEX NO. 619936/2023
NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 01/25/2024
A- NOTICE TO BIDDERS
SEALED PROPOSALS WILL BE RECEIVED by the Commissioner of General Services, c/o Division
of Public Works, Town of Hempstead, Town Hall, Room 222, 350 Front St., Hempstead, New York,
until 11:00 A.M. prevailing time on Friday November 3rd, 2023 at which time they shall be publicly
opened and read aloud and the contract awarded as soon thereafter as may be practicable for:
PRE-BID MEETING: 10/16/2023 AT 11AM @ 2075 MEADOWBROOK RD MERRICK NY
11566 Pw#9-23 (GC) REBID
PW#10-23 (Electrical) REBID
PW#11-23 (Plumbing) REBID
PW#12-23 (Mechanical/HVAC) REBID
A-1A fee of $ 100.00 (Check only) will be required for all bidders for
a copy of the Proposed Contract Documents. “available for pickup 9/29/23*
A - 2 Each proposal must be accompanied by a Certified Check or Bid Bond payable to the Town of
Hempstead for not less than 5% of the estimated amount of the bid.
A - 3 Bid documents may be OBTAINED IN PERSON ONLY AT THE OFFICE OF THE COMMIS-
SIONER OF GENERAL SERVICES, c/o DIVISION OF PUBLIC WORKS, TOWN HALL, ROOM 2114,
HEMPSTEAD, N.Y. AND MAY BE SEEN AT THE SAME OFFICE.
A - 4 Federal Equal Opportunity and Labor Standards are applicable for all work performed under this
contract.
A - 5 The Town of Hempstead reserves the right to reject any or all bids.
Dated:
HEMPSTEAD, NEW YORK DONALD X. CLAVIN, JR.
Supervisor
KATE MURRAY GERALD C. MARINO
Town Clerk Commissioner
Department of General Services
FILED: NASSAU COUNTY CLERK 01/25/2024 02:52 PM INDEX NO. 619936/2023
NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 01/25/2024
BL- INSTRUCTIONS TO BIDDERS
BI-6 PROJECT IDENTIFICATION
These instructions are relative to Town of Hempstead Public Works Project:
BID DOCUMENTS
A. Notice to Bidders (Advertisement)
B. Instructions to Bidders
C. General Conditions
D. Special Conditions (When applicable)
E. Specifications
F. Drawings
G. Modifications (When applicable)
H. Addenda (When applicable)
|. Proposal (TF-1)
J. Qualifications of Bidder (TF-2)
K. Bid Bond (TF-4)
L. Agreement Form (TF-8)
M. Non-Collusion Affidavit (TF-3)
Failure to comply with any of the following instructions shall constitute cause for which the bid may be rejected.
BI-8 FORM
Each proposal shall be made on the “Proposal Form” (See TF-1) attached hereto and shall remain attached
hereto as one of the bid documents and shall be submitted in a sealed envelope bearing the title of the work and
the name of the bidder. The proposal shall include a sum to cover the cost of all items included in the bid
documents and shall be identified by the name of the person, firm or corporation, with the authorized signature
thereto.
DELIVERY OF PROPOSALS
Proposals shall be delivered by the time and to the place stipulated in the advertisement. It is the sole
responsibility of the bidder to see that his proposal is received in the proper time. Any proposal received after the
scheduled closing time for receipt of proposals shall be returned to the bidder unopened.
BID BOND (SEE TF-4)
5%
Each proposal must be accompanied by a certified check or bid bond payable to the Owner for not less than
of the bid. All such checks, except those of the three lowest bidders will be returned as soon as
of the amount
after
practicable after bid opening. Checks of the three lowest bidders will be returned as soon as practicable
after opening of bids,
signing of the Contract, but the Owner shall not retain them more than sixty (60) days
except by mutual agreement.
FILED: NASSAU COUNTY CLERK 01/25/2024 02:52 PM INDEX NO. 619936/2023
NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 01/25/2024
Bl-11 FEES FOR BID DOCUMENTS
Fees for bid documents will be returnable to non-bidders until 4:00 P.M. of the day before the bid opening,
provided plans and specifications have been returned in good condition. In cases of re-bids on the same project,
original bidders will not be charged an extra fee for bid documents.
BI- 12 QUALIFICATIONS OF BIDDERS
Bidder's Qualification Statement is required. The form attached hereto (See TF-2) indicates essentially all
information required. Each Bidder is responsible for assuring that (his/her) current organizational and financial
status as of the date of (his/her) proposal Qualification Statement is on file with the Department of General
Services, Town of Hempstead, or (he/she) shall provide a current certificate with his proposal, which will become
a part of the Contract documents. Certificates received by the Department of General Services with the proposal
will be filed as the current certificate of qualification. If a certificate is on file for less than one year, Addenda
thereto will be acceptable for updating such certificate. Certificates that are on file for one year or more shall be
declared obsolete and must be renewed.
BI - 13 EXAMINATIONS OF BID DOCUMENTS AND FAMILIARITY OF SITE
Before submitting a proposal all bidders shall carefully examine the drawings, specifications and other bid
documents, shall visit the site of the proposed work, and shall become fully informed of conditions and limitations
associated with fulfilling the requirements of the Contract.
No plea of ignorance or misunderstanding of conditions that exist or that may hereafter exist, or of conditions or
difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make
the necessary examinations and investigations as may be expected of a reasonably prudent bidder, will be
accepted as an excuse for any failure or omission on the part of a Contractor to fulfill in every detail all of the
requirements of the bid documents, or will be accepted as a basis for any claims whatsoever for extra
compensation, or for an extension of time.
BL- 14 INTERPRETATIONS OF DOCUMENTS
If any prospective bidder is in doubt as to the true meaning of any of the bid documents or finds discrepancies
therein or omissions there from, he may submit to the Commissioner of General Services written request for an
interpretation thereof. The requester is responsible for timely communication. Any interpretation or correction of
the documents will be made only by addendum duly issued, and a copy of the addendum will be mailed by
Certified Mail (Return Receipt), or delivered to each person receiving a set of the bid documents. Neither the
Owner, the Commissioner of General Services, nor the Engineer will be responsible for any other explanations or
interpretation of these bid documents.
BL- 15 ADDENDUM
Any addendum issued during the time of bidding, or forming a part of the bid documents for preparation of
proposals, shall be covered in the proposal, and shall be made a part of the proposal. Receipt of each addendum
shall be acknowledged in the proposal by entering the title, date, and signature. of person signing the proposal.
- 16 MODIFICATIONS
BI
Proposals shall not contain any recapitulation of the work to be done. Modifications, exceptions or oral proposals
will not be considered. ~
FILED: NASSAU COUNTY CLERK 01/25/2024 02:52 PM INDEX NO. 619936/2023
NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 01/25/2024
BI - 17 CORRECTIONS
Erasures or other corrections in the bid proposal must be initialed by the person signing the bid proposal.
BL- 18 WITHDRAWAL
request
Any bidder may withdraw (his/her) proposal, either personally or by telegraphic or written request, (if such
the scheduled closing
is received by the Commissioner of General Services) at any time prior to 1 minute before
time for receipt of proposals. If a contract is not awarded within 45 days after opening of the bids, all bidders may
withdraw their proposals by written notice.
BI - 19 CONTRACTOR’S WORK CAPABILITY
shall perform
The bidder, firm or corporation must be capable of performing the work required in the Contract and
a substantial portion thereof with his own resources.
of any proposed
Before executing any subcontract, the successful bidder shall submit the name and qualifications
subcontractor for prior approval by the Commissioner of Public Works. (GC-57).
BL- 20 MULTIPLE PROPOSALS
unless
No person, firm or corporation shall be allowed to make more than one proposal for the same work,
for. A person, firm or corporation who.has submitted a proposal to a bidder, or who
alternate proposals are called
to a bidder, is not hereby disqualified from submitting a proposal or quoting prices
has quoted prices on materials
to other bidders.
BI - 21 COLLUSIVE AGREEMENTS
on
Each bidder submitting a bid to the Owner for any portion of the work contemplated by the bid documents
affidavit substantially in the form herein provided, to
which bidding is based shall execute and attach thereto an
person, firm, or corporation in regard to any bid submitted. (See
the effect that he has not colluded with any other
TF-3)
BI - 22 PERFORMANCE BOND & LABOR & MATERIALS BOND
The successful bidder, simultaneously with the execution of the Contract will be required to furnish a faithful
and a labor
performance bond in an amount not less than one hundred percent (100%) of the Contract amount
performing labor of furnishing materials in connection
and materials payment bond (for payment of all persons
be issued by a
therewith) for not less than one hundred percent (100%) of the Contract amount. Said bonds to
acceptable to the Owner or securities approved by the Owner and in a form satisfactory to the
Surety Company
part of this Contract. All
Owner and covering all points in this agreement, bearing the date herewith and forming
State Admitted Surety Company. (See TF-6 &
bonds shall be issued by a Surety Company listed as a New York
TF-7)
BI - 23 AGREEMENT
the Town Attorney with
The bidder whose proposal has been accepted will be required to appear at the Office of
and execute the Contract within ten (10) days
required executed Surety Company bonds & insurance coverage;
to him in person or mailed to the address given in the
from the date of the service of a notice (See TF-5) delivered
the
proposal, that the Contract has been awarded to him. In case of failure to execute the contract (including
abandoned the
required bonds and insurance) within the time stated, the bidder shall be deemed to have
deposit made by the bidder will be forfeited and retained by the Owner as
Contract, and the amount of the bid
liquidated damages. The Agreement Form is attached. (See TF-8)
FILED: NASSAU COUNTY CLERK 01/25/2024 02:52 PM INDEX NO. 619936/2023
NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 01/25/2024
BI- 24 GUARANTEE (SEE TF-10)
The successful bidder will be required to guarantee the work for a period of one year from the date of final
acceptance, against any and all omissions and defects, which may develop or require attention as a result of
his/her performance of the Contract.
BI- 25 NOTE
The Town Board reserves the right to reject any and all bids and to waive any informality in the bids received, and
to accept the bid most favorable to the interest of the Owner, after all bids have been examined and checked.
FILED: NASSAU COUNTY CLERK 01/25/2024 02:52 PM INDEX NO. 619936/2023
NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 01/25/2024
GC - GENERAL CONDITIONS
GC - 31 DEFINITIONS
A. CONTRACT DOCUMENTS
Notice to Bidders (Advertisement)
BAUBDAROSDACLPENAMAWNS
Instructions to Bidders
General Conditions
Special Conditions (When applicable)
Specifications
Drawings - See GC-45
Modifications
Addenda
Proposal (TF-1)
. Agreement (TF-8)
. Performance Bond (TF-6)
. Labor and Material Bond (TF-7)
. Non-Collusion Affidavit of Prime Bidder (TF-3)
. Insurance Policies
. Maintenance Bond (TF-10)
. Qualifications of Bidder (TF-2)
. Notice of Award (TF-5)
. Notice to Proceed (TF-9)
B. ENGINEER: is the Engineer named in the Contract Documents or his representative duly authorized in writing
to act for the Owner.
C. OWNER: is Town of Hempstead, New York.
D. CONTRACTOR is the Contractor named in the Contract Documents.
E. SUBCONTRACTOR is any person, firm or corporation with a direct contract with the Contractor who acts for or
in behalf of the Contractor in executing any part of the Contract, but does not include one who merely furnishes
material.
F. PROPOSAL: The offer of a Bidder to perform the work described by the Bid Documents when made out and
submitted on the prescribed Proposal Form, properly signed and guaranteed.
G. PROPOSAL GUARANTY: The certified check or Bidder’s bond accompanying the Proposal submitted by the
Bidder, as a guaranty that the Bidder will enter into a Contract with the Owner for the construction of the work, if
the Contract is awarded to him.
H. CONTRACT is the agreement covering the performance of the work described in the Contract Documents
including all supplemental agreements thereto.
|. SURETY is the person, firm or corporation who executes the Contractor's Bonds.
FILED: NASSAU COUNTY CLERK 01/25/2024 02:52 PM INDEX NO. 619936/2023
NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 01/25/2024
together with the
J. SPECIFICATIONS shall mean the Legal and Procedural Documents, General Conditions,
modifications thereof, the worded details on drawings, specifications and all addenda thereto.
by
K. WRITTEN NOTICE: Written notice shall be considered as served when delivered in person or sent
to him who serves
registered mail to the individual, firm or corporation at the last business address of such known
the notice.
Contract as
a. Change of Address: It shall be the duty of each party to advise the other parties to the
to any change in his business address until completion of all Contract obligations.
or
L. ACT OF GOD means an earthquake, flood, cyclone or other cataclysmic phenomenon of nature. Rain, wind
God.
other natural phenomenon of normal intensity for the locality shall not be construed as an Act of
normally done at the
M. WORK: The term “Work” as used herein, refers to work at the site of the project, that is
materials, supplies, equipment and other facilities and things
locations of the project, and includes all plant, labor,
necessary or proper for, or incidental to, the carrying out and completion of this Contract.
N. ESTIMATED AMOUNT: The estimated unit quantities as compiled and shown on the Proposal sheet are
The
subject to field determination and measure, and may either be more or less than the estimated amount.
unit by the number of
amounts to be paid for shall be an amount computed by multiplying the prices bid for each
actual units used or installed, as certified by the Engineer.
GC — 32 MATERIALS AND WORKMANSHIP
meet the
A. MATERIALS FURNISHED BY THE CONTRACTOR: All materials used in the work shall
ns. All materials not specifically indicated to be furnished to the
requirements of the respective Specificatio
Contractor should be furnished by the Contractor.
on of their quality and
B. STORAGE OF MATERIALS: Materials shall be so stored as to insure the preservati
or other hard, clean
fitness for the work. When considered necessary, they shall be placed on wooden platforms
approved by the Engineer.
surfaces and not on the ground. They shall be placed under secure cover at locations
materials and damages resulting there
Stored materials shall be located so as to facilitate prompt inspection. Said
property shall not be used for storage
from shall at all times be the responsibility of the Contractor. Private
purposes without the written permission of said property owner.
conduct and discipline
C. CHARACTER OF WORKMEN: The Contractor shall at all times be responsible for the
or or persons employed by subcontract ors. All workmen must have
of his employees and/or any subcontract
sufficient knowledge, skill, and experience to perform properly the work assigned to them.
ts of the Contract
D. REJECTED WORK AND MATERIALS: All materials, which do not conform to the requiremen
ory or unsuited to
documents, or are not equal to samples approved by the Engineer, or are in any way unsatisfact
poor
the purpose for which they are intended, shall be rejected. Any defective work whether the result of
cause shall be removed
workmanship, use of defective materials, damage through carelessness or any other
the work shall be re-executed by the
within ten (10) days after written notice is given by the Engineer, and
overlooked such defective work shall not constitute an
Contractor, The fact that the Engineer may have previously
ten (10) days
acceptance of any part of it. Should the Contractor fail to remove rejected work or materials within
them and may store the materials, all at the Contractor' s
after written notice to do so, the Owner may remove
expense.
FILED: NASSAU COUNTY CLERK 01/25/2024 02:52 PM INDEX NO. 619936/2023
NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 01/25/2024
E. CORRECTION OF WORK: All work, all materials, whether incorporated in the work or not, all processes of
manufacture, and all methods of construction shall be at all times and places subject to the inspection and
approval of the Engineer. Should they fail to meet the Engineer's approval, they shall be forthwith reconstructed,
made good, replaced and/or corrected, as the case may be, by the Contractor at his own expense. The
Commissioner of General Services shall be the final judge of the quality and suitability of the work, materials,
processes and methods of construction for the purposes for which they are used. If, in the opinion of the
Engineer, it is undesirable to replace any defective or damaged materials or to reconstruct or correct any portion
of the work injured or not performed in accordance with the Contract Documents, the compensation to be paid to
the Contractor hereunder shall be reduced by such amount as in the judgment of the Commissioner of General
Services shall be equitable.
F. CONTRACTOR'S PERFORMANCE: The Contractor shall provide and pay for all materials, communications,
Engineer's office, fees, labor, tool, permits, equipment, water, light, power, transportation, superintendence,
surveying and stakeout, special insurance, utility inspector, flagman conductor, temporary construction of every
nature, and all other services such as signs, barricades, specialty personnel, security, watchmen and sanitary
facilities and other facilities of every nature whatsoever necessary to execute, complete and deliver the work
according to the Contract Documents. Any work necessary to be performed after regular working hours, on
Sundays, or legal holidays, shall be performed without additional expense to the Owner and with the approval of
the Engineer.
G. CUTTING AND PATCHING: The Contractor shall do all necessary cutting and patching of the work that may
be required to properly receive the work of the various trades or as required by the Drawings and Specifications to
complete the structure. He shall restore all such cut or patched work as directed by the Engineer. Cutting of
existing structure that shall endanger the work, adjacent property, workmen or the public shall not be done unless
approved by the Engineer and under his direction.
H. CLEANING UP: The Contractor shall remove from the Owner's property, and from all public and private
property, all temporary structures, rubbish, waste materials resulting from his operation or caused by his
employees, and shall remove all surplus materials leaving the site smooth, safe and clean, as approved and
directed by the Engineer.
GC — 33 INSPECTION AND TESTING OF MATERIALS
All materials, equipment and workmanship (if not otherwise designated by the Specifications) may be subject to
inspection, examination and testing by the Engineer and other representatives of the Owner, at any and all such
times during manufacture and/or construction are carried on. Further and more specific clauses on the inspection
and testing of materials are included in the Detailed Specifications.
FILED: NASSAU COUNTY CLERK 01/25/2024 02:52 PM INDEX NO. 619936/2023
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GC — 34 “OR EQUAL” CLAUSE
Whenever a material, article or piece of equipment is identified on the plans or in the specifications by reference
to manufacturers’ or vendors’ names, trade names, catalogue numbers, etc., it is intended merely to establish a
minimum standard; and, any material, article, or equipment of other manufacturers and vendors which will
perform adequately the duties imposed by the general design will be considered equally acceptable provided the
material, article, or equipment so proposed, is, in the opinion of the Engineer, of equal substance and function. It
shall not be purchased or installed by the Contractor without the Engineer’s written approval.
GC — 35 CHANGES IN WORK
The Town reserves the right to make changes in the Plans and Specifications or to increase or decrease the
amount or quantity of the work at any time, before or after construction has commenced.
Except as hereinafter provided, no such change shall be binding upon the Contractor nor require the payment of
additional compensation to the Contractor, unless it has been made in writing and signed by the Engineer.
Except as hereinafter provided, no oral agreement, conversation, or understanding between the Contractor and
the Engineer, or any Inspector before or after the execution of the Contract shall affect or modify any of the terms
or obligations of the Contract Documents or excuse the performance of any work in any manner contrary to the
terms of the Contract Documents.
A. UNIT PRICE: The Contractor shall, however, obey any oral instructions of the Engineer, which require no more
than a change in the location, line, or grade of pipes, manholes, or other appurtenances, or an increase or
decrease in the quantities of those items, which are covered by the unit prices in the Proposal.
For any work performed by the Contractor pursuant to such oral instructions, payment will be made under the unit
prices applicable to the work actually done and in accordance with the actual amount of such work done. If such
oral instructions decrease the quantities or amount of work, no payments will be made to the Contractor to
compensate for any loss of anticipated profit on the work omitted.
For
B. LUMP SUM: All changes, as determined by the Engineer, shall be by properly executed “Change Order.”
desired changes the Owner shall request the Contractor to submit a written Proposal for the specific work. After
reviewing the Proposal, and accepting same as reasonable, the Owner shall issue to the Contractor an approved
written Change Order accepting the Contractor’s Proposal which then becomes an amendment to and a part of
the Contract Documents.
GC -— 36 CLAIMS FOR EXTRA COST
If the Contractor claims that any instructions by drawings or otherwise, involve extra cost or an extension of time,
he shall so notify the Engineer in writing within the (10) days after the receipt of such instructions, and in any
GC -
event, before proceeding to execute the work. Thereafter, the procedure shall be same as that described in
35.
-9-
FILED: NASSAU COUNTY CLERK 01/25/2024 02:52 PM INDEX NO. 619936/2023
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GC - 37 SUSPENSION OF WORK
The Engineer shall have the authority to suspend the work, wholly or in part, for such period or periods, as he
may deem necessary, due to unsuitable weather, or such conditions as are considered unfavorable for
prosecution of the work, or failure on the part of the Contractor to carry out the provisions of the Contract or to
supply materials meeting requirements of the Specifications, or as directed by the Owner. The Contractor shall
not suspend operation without the Engineer’s permission.
GC — 38 RIGHT OF THE OWNER TO TERMINATE & LIQUIDATE DAMAGES
a) If the Owner shall be of the opinion that the work or any part thereof is unnecessarily delayed, or that the
Contractor is willfully violating any of the conditions or covenants of this Contract, or is executing the same in bad
faith, or, if the work be not fully completed within the time mentioned in this Contract for its completion, then the
Owner shall have the right to notify the Contractor to discontinue all work or any part thereof under this Contract.
Awritten notice shall be served upon the Contractor either personally or by leaving said notice at the Contractor's
residence or with his agent in charge of the work, and by certified mail upon the Surety. The Contractor shall
discontinue said work or such part thereof and the Owner shall have the right to call upon the Surety to complete
the Contract, or the Owner may complete the Contract, or such part thereof, and use such materials, equipment
and tools for the completion of the same, and to charge the total expenses incurred to the Contractor. In case of
such discontinuance of the employment of the Contractor, he shall not be entitled to receive any further payment
under this Contract until the said work shall be wholly finished. If the unpaid balance of the amount to be paid
under this Contract shall exceed the expense incurred by the Owner in finishing the work, such excess shall be
paid by the Owner to the Contractor, and if such expense shall exceed such unpaid balance, the Contractor or his
Surety shall pay the difference to the Owner. The Contractor shall have no claim for damages or otherwise
whatsoever against the Owner by reason of any exercise of the right granted by this section, and this provision
shall be a complete defense to any action or proceeding which may be instituted by the Contractor against the
Owner arising out of or based upon any exercise by the Owner of the right hereby granted. If the right of the
Contractor to proceed with the work is so terminated, the Owner may take possession of and utilize in completing
the work such materials, appliances, supplies, plant and equipment as may be on the site of the work. None of
the above may be removed by anyone without
Preview
FILED: NASSAU COUNTY CLERK 01/25/2024 02:52 PM INDEX NO. 619936/2023 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 01/25/2024 FILED: NASSAU COUNTY CLERK 01/25/2024 02:52 PM INDEX NO. 619936/2023 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 01/25/2024 TOWN HALL HEMPSTEAD, NEW YORK @ Instructions to Bidders, Proposal, Contract, and Specifications for Proposed- Fire House Friendship Engine & Hose Company, Inc. PW#9-23 REBID General Construction PW#10-23 REBID Electrical Construction PW#11-23 REBID Plumbing Construction PW#12-23 REBID Mechanical/HVAC 2075 Meadowbrook Road Merrick, NY 11566 DEPARTMENT OF GENERAL SERVICES TOWN OF HEMPSTEAD FILED: NASSAU COUNTY CLERK 01/25/2024 02:52 PM INDEX NO. 619936/2023 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 01/25/2024 DONALD X. CLAVIN, JR. TOWN OF HEMPSTEAD DEPARTMENT SUPERVISOR COUNCIL MEMBERS DOROTHY L. GOOSBY OF DENNIS DUNNE, SR. THOMAS E. MUSCARELLA GENERAL SERVICES CHRISTOPHER CARINI GERALD C. MARINO COMMISSIONER MELISSA MILLER 350 FRONT STREET, HEMPSTEAD, N.Y. 11550-4037 PATRICK OWENS LAURA A. RYDER (516) 489-5000 * FAX# (516) 489-0794 DEPUTY COMMISSIONER ANTHONY LOBELLO KATE MURRAY DEPUTY COMMISSIONER TOWN CLERK TABLE OF CONTENTS CRAIG MOLLO DEPUTY COMMISSIONER JEANINE C. DRISCOLL NICHOLAS MARTELLI RECEIVER OF TAXES DEPUTY COMMISSIONER TITLE PAGE TITLE PAGE BIDDERS (ADVERTISEMENT) 1 GC-48 Removal of Debris 14 A_- NOTICE TO GC-49 Partial Completion and Acceptance 14 PROJECT, TIME & PLACE GC-50 Certificate of Completion (TF-11) 15 GC-51 Compensation to be Paid to Contractor1 5 A Bid Fee A-2 Bid Bond GC-52 Separate Contracts 15 A-3 Location of Documents GC-53 Mutual Responsibility of Contractors 15 At Federal Equpl Opp. aie Labor Standanis GC-54 Construction Schedule and Periodical Estimates 16 GC-55 Payments to Contractors 16, 17 GC-56 Assignments 17 . GC-57 Subcontracting - Work By Others 17, 18 B|_- INSTRUCTIONS TO BIDDERS 2 GC-58 Superintendence By Contractor 18 BI-6 Project Identification 2 GC-59 Additional Instructions and Detail Drawings 18 BI-7_ Bid Documents BI-8 Form 2 GC-60 Stated Allowances 18 2 GC-61 Maintenance Bond 19 BI-9 Delivery of Proposals $ 2 GC-62 Communications 19 BI-10 Bid Bond Deposit 3 GC-63 Live Utilities 19 BI-11_ Fee for Bid Documents 3 GC-64 Other Prohibited Interests 20 BI-12 Qualifications of Bidders GC-65__ Risk of Loss 20 BI-13. Examination of Bid Documents 3 GC-66 Laws, Ordinances and Regulations 21 "and Familiarity of Site 21, 22, 23 BI-14 Interpretation of Documents 3 GC-67 Insurances & Indemnity 3 GC-68 Labor, Wages and Equal Employment 23, 24, 25 BI-15 Addendum BI-16 Modifications 3 GC-69 Affirmative Action Clause for the 4 Physically and Mentally Handicapped 26 BI-17 Corrections BI-18 Withdrawals 4 GC-70 Standard Federal Equal Employment Contractor's Work Capability 4 Opportunity Construction Contract 27, 28, 29 BI-19 30 BI-20 Multiple Proposals 4 Specifications (Executive Order 11246) BI-21 Collusive Agreements 4 GC-71 Notice of Requirement for Affirmative BI-22 Performance Bond and Labor Action to Ensure Equal Employment Opportunity giau lmement Bond F (Executive Order 11246) 31 Bl-24 Guarantee (See TF-10) 5 COT2 mae en PIORS Tor oo ae B26 Mole 3 GC-73 Equal Opportunity Clause for Females and Minorities (Construction) 34 35 GC_- GENERAL CONDITIONS GC-74 Sales Tax GC-31 Definitions 6,7 GC-32 Materials and Workmanship 7,8 TF - TOWN FORMS GC-33 Inspection and Testing of Materials 8 GC-34 “Or Equal” Clause 9 TF-1 Proposal GC-35 Changes in Work 9 TF-1-A Bidder Acknowledgement GC-36 Claims for Extra Cost 9 TF-1-B Disclosure Statement GC-37 Suspension of Work 10 TF-2 Qualification Statement GC-38 Right of the Owner to Terminate TF-3 Non-Collusive Bidding Certificate & Liquidated Damages 10 TF-4 Bid Bond GC-39 Extension of Time: No Waiver 11 TF-5 Notice of Award GC-40 Protection of Work and Property 11 TF-6 Performance Bond GC-41 Power of Contractor to Act in an TF-7 Labor and Material Payment Bond Emergency 11 TF-8 | Agreement GC-42 Engineer Authority 11 TF-9 Notice to Proceed GC-43 Commence of Work (See TF-9) 12 TF-10 Maintenance Bond GC-44 Surveys and Permits 12 TF-11 Signature page GC-45 Drawings, Specifications TF-12 Certificate of Completion C046 ann Ree nlesa 12, ic TF-13 W-9 Taxpayer Identification Number and Certification GC-47 Securit 44 TF-14 Apprenticeship Training Requirements y TF-15 Labor and Materials Payment Affidavit Rev. 02/15/2022 FILED: NASSAU COUNTY CLERK 01/25/2024 02:52 PM INDEX NO. 619936/2023 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 01/25/2024 A- NOTICE TO BIDDERS SEALED PROPOSALS WILL BE RECEIVED by the Commissioner of General Services, c/o Division of Public Works, Town of Hempstead, Town Hall, Room 222, 350 Front St., Hempstead, New York, until 11:00 A.M. prevailing time on Friday November 3rd, 2023 at which time they shall be publicly opened and read aloud and the contract awarded as soon thereafter as may be practicable for: PRE-BID MEETING: 10/16/2023 AT 11AM @ 2075 MEADOWBROOK RD MERRICK NY 11566 Pw#9-23 (GC) REBID PW#10-23 (Electrical) REBID PW#11-23 (Plumbing) REBID PW#12-23 (Mechanical/HVAC) REBID A-1A fee of $ 100.00 (Check only) will be required for all bidders for a copy of the Proposed Contract Documents. “available for pickup 9/29/23* A - 2 Each proposal must be accompanied by a Certified Check or Bid Bond payable to the Town of Hempstead for not less than 5% of the estimated amount of the bid. A - 3 Bid documents may be OBTAINED IN PERSON ONLY AT THE OFFICE OF THE COMMIS- SIONER OF GENERAL SERVICES, c/o DIVISION OF PUBLIC WORKS, TOWN HALL, ROOM 2114, HEMPSTEAD, N.Y. AND MAY BE SEEN AT THE SAME OFFICE. A - 4 Federal Equal Opportunity and Labor Standards are applicable for all work performed under this contract. A - 5 The Town of Hempstead reserves the right to reject any or all bids. Dated: HEMPSTEAD, NEW YORK DONALD X. CLAVIN, JR. Supervisor KATE MURRAY GERALD C. MARINO Town Clerk Commissioner Department of General Services FILED: NASSAU COUNTY CLERK 01/25/2024 02:52 PM INDEX NO. 619936/2023 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 01/25/2024 BL- INSTRUCTIONS TO BIDDERS BI-6 PROJECT IDENTIFICATION These instructions are relative to Town of Hempstead Public Works Project: BID DOCUMENTS A. Notice to Bidders (Advertisement) B. Instructions to Bidders C. General Conditions D. Special Conditions (When applicable) E. Specifications F. Drawings G. Modifications (When applicable) H. Addenda (When applicable) |. Proposal (TF-1) J. Qualifications of Bidder (TF-2) K. Bid Bond (TF-4) L. Agreement Form (TF-8) M. Non-Collusion Affidavit (TF-3) Failure to comply with any of the following instructions shall constitute cause for which the bid may be rejected. BI-8 FORM Each proposal shall be made on the “Proposal Form” (See TF-1) attached hereto and shall remain attached hereto as one of the bid documents and shall be submitted in a sealed envelope bearing the title of the work and the name of the bidder. The proposal shall include a sum to cover the cost of all items included in the bid documents and shall be identified by the name of the person, firm or corporation, with the authorized signature thereto. DELIVERY OF PROPOSALS Proposals shall be delivered by the time and to the place stipulated in the advertisement. It is the sole responsibility of the bidder to see that his proposal is received in the proper time. Any proposal received after the scheduled closing time for receipt of proposals shall be returned to the bidder unopened. BID BOND (SEE TF-4) 5% Each proposal must be accompanied by a certified check or bid bond payable to the Owner for not less than of the bid. All such checks, except those of the three lowest bidders will be returned as soon as of the amount after practicable after bid opening. Checks of the three lowest bidders will be returned as soon as practicable after opening of bids, signing of the Contract, but the Owner shall not retain them more than sixty (60) days except by mutual agreement. FILED: NASSAU COUNTY CLERK 01/25/2024 02:52 PM INDEX NO. 619936/2023 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 01/25/2024 Bl-11 FEES FOR BID DOCUMENTS Fees for bid documents will be returnable to non-bidders until 4:00 P.M. of the day before the bid opening, provided plans and specifications have been returned in good condition. In cases of re-bids on the same project, original bidders will not be charged an extra fee for bid documents. BI- 12 QUALIFICATIONS OF BIDDERS Bidder's Qualification Statement is required. The form attached hereto (See TF-2) indicates essentially all information required. Each Bidder is responsible for assuring that (his/her) current organizational and financial status as of the date of (his/her) proposal Qualification Statement is on file with the Department of General Services, Town of Hempstead, or (he/she) shall provide a current certificate with his proposal, which will become a part of the Contract documents. Certificates received by the Department of General Services with the proposal will be filed as the current certificate of qualification. If a certificate is on file for less than one year, Addenda thereto will be acceptable for updating such certificate. Certificates that are on file for one year or more shall be declared obsolete and must be renewed. BI - 13 EXAMINATIONS OF BID DOCUMENTS AND FAMILIARITY OF SITE Before submitting a proposal all bidders shall carefully examine the drawings, specifications and other bid documents, shall visit the site of the proposed work, and shall become fully informed of conditions and limitations associated with fulfilling the requirements of the Contract. No plea of ignorance or misunderstanding of conditions that exist or that may hereafter exist, or of conditions or difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary examinations and investigations as may be expected of a reasonably prudent bidder, will be accepted as an excuse for any failure or omission on the part of a Contractor to fulfill in every detail all of the requirements of the bid documents, or will be accepted as a basis for any claims whatsoever for extra compensation, or for an extension of time. BL- 14 INTERPRETATIONS OF DOCUMENTS If any prospective bidder is in doubt as to the true meaning of any of the bid documents or finds discrepancies therein or omissions there from, he may submit to the Commissioner of General Services written request for an interpretation thereof. The requester is responsible for timely communication. Any interpretation or correction of the documents will be made only by addendum duly issued, and a copy of the addendum will be mailed by Certified Mail (Return Receipt), or delivered to each person receiving a set of the bid documents. Neither the Owner, the Commissioner of General Services, nor the Engineer will be responsible for any other explanations or interpretation of these bid documents. BL- 15 ADDENDUM Any addendum issued during the time of bidding, or forming a part of the bid documents for preparation of proposals, shall be covered in the proposal, and shall be made a part of the proposal. Receipt of each addendum shall be acknowledged in the proposal by entering the title, date, and signature. of person signing the proposal. - 16 MODIFICATIONS BI Proposals shall not contain any recapitulation of the work to be done. Modifications, exceptions or oral proposals will not be considered. ~ FILED: NASSAU COUNTY CLERK 01/25/2024 02:52 PM INDEX NO. 619936/2023 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 01/25/2024 BI - 17 CORRECTIONS Erasures or other corrections in the bid proposal must be initialed by the person signing the bid proposal. BL- 18 WITHDRAWAL request Any bidder may withdraw (his/her) proposal, either personally or by telegraphic or written request, (if such the scheduled closing is received by the Commissioner of General Services) at any time prior to 1 minute before time for receipt of proposals. If a contract is not awarded within 45 days after opening of the bids, all bidders may withdraw their proposals by written notice. BI - 19 CONTRACTOR’S WORK CAPABILITY shall perform The bidder, firm or corporation must be capable of performing the work required in the Contract and a substantial portion thereof with his own resources. of any proposed Before executing any subcontract, the successful bidder shall submit the name and qualifications subcontractor for prior approval by the Commissioner of Public Works. (GC-57). BL- 20 MULTIPLE PROPOSALS unless No person, firm or corporation shall be allowed to make more than one proposal for the same work, for. A person, firm or corporation who.has submitted a proposal to a bidder, or who alternate proposals are called to a bidder, is not hereby disqualified from submitting a proposal or quoting prices has quoted prices on materials to other bidders. BI - 21 COLLUSIVE AGREEMENTS on Each bidder submitting a bid to the Owner for any portion of the work contemplated by the bid documents affidavit substantially in the form herein provided, to which bidding is based shall execute and attach thereto an person, firm, or corporation in regard to any bid submitted. (See the effect that he has not colluded with any other TF-3) BI - 22 PERFORMANCE BOND & LABOR & MATERIALS BOND The successful bidder, simultaneously with the execution of the Contract will be required to furnish a faithful and a labor performance bond in an amount not less than one hundred percent (100%) of the Contract amount performing labor of furnishing materials in connection and materials payment bond (for payment of all persons be issued by a therewith) for not less than one hundred percent (100%) of the Contract amount. Said bonds to acceptable to the Owner or securities approved by the Owner and in a form satisfactory to the Surety Company part of this Contract. All Owner and covering all points in this agreement, bearing the date herewith and forming State Admitted Surety Company. (See TF-6 & bonds shall be issued by a Surety Company listed as a New York TF-7) BI - 23 AGREEMENT the Town Attorney with The bidder whose proposal has been accepted will be required to appear at the Office of and execute the Contract within ten (10) days required executed Surety Company bonds & insurance coverage; to him in person or mailed to the address given in the from the date of the service of a notice (See TF-5) delivered the proposal, that the Contract has been awarded to him. In case of failure to execute the contract (including abandoned the required bonds and insurance) within the time stated, the bidder shall be deemed to have deposit made by the bidder will be forfeited and retained by the Owner as Contract, and the amount of the bid liquidated damages. The Agreement Form is attached. (See TF-8) FILED: NASSAU COUNTY CLERK 01/25/2024 02:52 PM INDEX NO. 619936/2023 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 01/25/2024 BI- 24 GUARANTEE (SEE TF-10) The successful bidder will be required to guarantee the work for a period of one year from the date of final acceptance, against any and all omissions and defects, which may develop or require attention as a result of his/her performance of the Contract. BI- 25 NOTE The Town Board reserves the right to reject any and all bids and to waive any informality in the bids received, and to accept the bid most favorable to the interest of the Owner, after all bids have been examined and checked. FILED: NASSAU COUNTY CLERK 01/25/2024 02:52 PM INDEX NO. 619936/2023 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 01/25/2024 GC - GENERAL CONDITIONS GC - 31 DEFINITIONS A. CONTRACT DOCUMENTS Notice to Bidders (Advertisement) BAUBDAROSDACLPENAMAWNS Instructions to Bidders General Conditions Special Conditions (When applicable) Specifications Drawings - See GC-45 Modifications Addenda Proposal (TF-1) . Agreement (TF-8) . Performance Bond (TF-6) . Labor and Material Bond (TF-7) . Non-Collusion Affidavit of Prime Bidder (TF-3) . Insurance Policies . Maintenance Bond (TF-10) . Qualifications of Bidder (TF-2) . Notice of Award (TF-5) . Notice to Proceed (TF-9) B. ENGINEER: is the Engineer named in the Contract Documents or his representative duly authorized in writing to act for the Owner. C. OWNER: is Town of Hempstead, New York. D. CONTRACTOR is the Contractor named in the Contract Documents. E. SUBCONTRACTOR is any person, firm or corporation with a direct contract with the Contractor who acts for or in behalf of the Contractor in executing any part of the Contract, but does not include one who merely furnishes material. F. PROPOSAL: The offer of a Bidder to perform the work described by the Bid Documents when made out and submitted on the prescribed Proposal Form, properly signed and guaranteed. G. PROPOSAL GUARANTY: The certified check or Bidder’s bond accompanying the Proposal submitted by the Bidder, as a guaranty that the Bidder will enter into a Contract with the Owner for the construction of the work, if the Contract is awarded to him. H. CONTRACT is the agreement covering the performance of the work described in the Contract Documents including all supplemental agreements thereto. |. SURETY is the person, firm or corporation who executes the Contractor's Bonds. FILED: NASSAU COUNTY CLERK 01/25/2024 02:52 PM INDEX NO. 619936/2023 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 01/25/2024 together with the J. SPECIFICATIONS shall mean the Legal and Procedural Documents, General Conditions, modifications thereof, the worded details on drawings, specifications and all addenda thereto. by K. WRITTEN NOTICE: Written notice shall be considered as served when delivered in person or sent to him who serves registered mail to the individual, firm or corporation at the last business address of such known the notice. Contract as a. Change of Address: It shall be the duty of each party to advise the other parties to the to any change in his business address until completion of all Contract obligations. or L. ACT OF GOD means an earthquake, flood, cyclone or other cataclysmic phenomenon of nature. Rain, wind God. other natural phenomenon of normal intensity for the locality shall not be construed as an Act of normally done at the M. WORK: The term “Work” as used herein, refers to work at the site of the project, that is materials, supplies, equipment and other facilities and things locations of the project, and includes all plant, labor, necessary or proper for, or incidental to, the carrying out and completion of this Contract. N. ESTIMATED AMOUNT: The estimated unit quantities as compiled and shown on the Proposal sheet are The subject to field determination and measure, and may either be more or less than the estimated amount. unit by the number of amounts to be paid for shall be an amount computed by multiplying the prices bid for each actual units used or installed, as certified by the Engineer. GC — 32 MATERIALS AND WORKMANSHIP meet the A. MATERIALS FURNISHED BY THE CONTRACTOR: All materials used in the work shall ns. All materials not specifically indicated to be furnished to the requirements of the respective Specificatio Contractor should be furnished by the Contractor. on of their quality and B. STORAGE OF MATERIALS: Materials shall be so stored as to insure the preservati or other hard, clean fitness for the work. When considered necessary, they shall be placed on wooden platforms approved by the Engineer. surfaces and not on the ground. They shall be placed under secure cover at locations materials and damages resulting there Stored materials shall be located so as to facilitate prompt inspection. Said property shall not be used for storage from shall at all times be the responsibility of the Contractor. Private purposes without the written permission of said property owner. conduct and discipline C. CHARACTER OF WORKMEN: The Contractor shall at all times be responsible for the or or persons employed by subcontract ors. All workmen must have of his employees and/or any subcontract sufficient knowledge, skill, and experience to perform properly the work assigned to them. ts of the Contract D. REJECTED WORK AND MATERIALS: All materials, which do not conform to the requiremen ory or unsuited to documents, or are not equal to samples approved by the Engineer, or are in any way unsatisfact poor the purpose for which they are intended, shall be rejected. Any defective work whether the result of cause shall be removed workmanship, use of defective materials, damage through carelessness or any other the work shall be re-executed by the within ten (10) days after written notice is given by the Engineer, and overlooked such defective work shall not constitute an Contractor, The fact that the Engineer may have previously ten (10) days acceptance of any part of it. Should the Contractor fail to remove rejected work or materials within them and may store the materials, all at the Contractor' s after written notice to do so, the Owner may remove expense. FILED: NASSAU COUNTY CLERK 01/25/2024 02:52 PM INDEX NO. 619936/2023 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 01/25/2024 E. CORRECTION OF WORK: All work, all materials, whether incorporated in the work or not, all processes of manufacture, and all methods of construction shall be at all times and places subject to the inspection and approval of the Engineer. Should they fail to meet the Engineer's approval, they shall be forthwith reconstructed, made good, replaced and/or corrected, as the case may be, by the Contractor at his own expense. The Commissioner of General Services shall be the final judge of the quality and suitability of the work, materials, processes and methods of construction for the purposes for which they are used. If, in the opinion of the Engineer, it is undesirable to replace any defective or damaged materials or to reconstruct or correct any portion of the work injured or not performed in accordance with the Contract Documents, the compensation to be paid to the Contractor hereunder shall be reduced by such amount as in the judgment of the Commissioner of General Services shall be equitable. F. CONTRACTOR'S PERFORMANCE: The Contractor shall provide and pay for all materials, communications, Engineer's office, fees, labor, tool, permits, equipment, water, light, power, transportation, superintendence, surveying and stakeout, special insurance, utility inspector, flagman conductor, temporary construction of every nature, and all other services such as signs, barricades, specialty personnel, security, watchmen and sanitary facilities and other facilities of every nature whatsoever necessary to execute, complete and deliver the work according to the Contract Documents. Any work necessary to be performed after regular working hours, on Sundays, or legal holidays, shall be performed without additional expense to the Owner and with the approval of the Engineer. G. CUTTING AND PATCHING: The Contractor shall do all necessary cutting and patching of the work that may be required to properly receive the work of the various trades or as required by the Drawings and Specifications to complete the structure. He shall restore all such cut or patched work as directed by the Engineer. Cutting of existing structure that shall endanger the work, adjacent property, workmen or the public shall not be done unless approved by the Engineer and under his direction. H. CLEANING UP: The Contractor shall remove from the Owner's property, and from all public and private property, all temporary structures, rubbish, waste materials resulting from his operation or caused by his employees, and shall remove all surplus materials leaving the site smooth, safe and clean, as approved and directed by the Engineer. GC — 33 INSPECTION AND TESTING OF MATERIALS All materials, equipment and workmanship (if not otherwise designated by the Specifications) may be subject to inspection, examination and testing by the Engineer and other representatives of the Owner, at any and all such times during manufacture and/or construction are carried on. Further and more specific clauses on the inspection and testing of materials are included in the Detailed Specifications. FILED: NASSAU COUNTY CLERK 01/25/2024 02:52 PM INDEX NO. 619936/2023 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 01/25/2024 GC — 34 “OR EQUAL” CLAUSE Whenever a material, article or piece of equipment is identified on the plans or in the specifications by reference to manufacturers’ or vendors’ names, trade names, catalogue numbers, etc., it is intended merely to establish a minimum standard; and, any material, article, or equipment of other manufacturers and vendors which will perform adequately the duties imposed by the general design will be considered equally acceptable provided the material, article, or equipment so proposed, is, in the opinion of the Engineer, of equal substance and function. It shall not be purchased or installed by the Contractor without the Engineer’s written approval. GC — 35 CHANGES IN WORK The Town reserves the right to make changes in the Plans and Specifications or to increase or decrease the amount or quantity of the work at any time, before or after construction has commenced. Except as hereinafter provided, no such change shall be binding upon the Contractor nor require the payment of additional compensation to the Contractor, unless it has been made in writing and signed by the Engineer. Except as hereinafter provided, no oral agreement, conversation, or understanding between the Contractor and the Engineer, or any Inspector before or after the execution of the Contract shall affect or modify any of the terms or obligations of the Contract Documents or excuse the performance of any work in any manner contrary to the terms of the Contract Documents. A. UNIT PRICE: The Contractor shall, however, obey any oral instructions of the Engineer, which require no more than a change in the location, line, or grade of pipes, manholes, or other appurtenances, or an increase or decrease in the quantities of those items, which are covered by the unit prices in the Proposal. For any work performed by the Contractor pursuant to such oral instructions, payment will be made under the unit prices applicable to the work actually done and in accordance with the actual amount of such work done. If such oral instructions decrease the quantities or amount of work, no payments will be made to the Contractor to compensate for any loss of anticipated profit on the work omitted. For B. LUMP SUM: All changes, as determined by the Engineer, shall be by properly executed “Change Order.” desired changes the Owner shall request the Contractor to submit a written Proposal for the specific work. After reviewing the Proposal, and accepting same as reasonable, the Owner shall issue to the Contractor an approved written Change Order accepting the Contractor’s Proposal which then becomes an amendment to and a part of the Contract Documents. GC -— 36 CLAIMS FOR EXTRA COST If the Contractor claims that any instructions by drawings or otherwise, involve extra cost or an extension of time, he shall so notify the Engineer in writing within the (10) days after the receipt of such instructions, and in any GC - event, before proceeding to execute the work. Thereafter, the procedure shall be same as that described in 35. -9- FILED: NASSAU COUNTY CLERK 01/25/2024 02:52 PM INDEX NO. 619936/2023 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 01/25/2024 GC - 37 SUSPENSION OF WORK The Engineer shall have the authority to suspend the work, wholly or in part, for such period or periods, as he may deem necessary, due to unsuitable weather, or such conditions as are considered unfavorable for prosecution of the work, or failure on the part of the Contractor to carry out the provisions of the Contract or to supply materials meeting requirements of the Specifications, or as directed by the Owner. The Contractor shall not suspend operation without the Engineer’s permission. GC — 38 RIGHT OF THE OWNER TO TERMINATE & LIQUIDATE DAMAGES a) If the Owner shall be of the opinion that the work or any part thereof is unnecessarily delayed, or that the Contractor is willfully violating any of the conditions or covenants of this Contract, or is executing the same in bad faith, or, if the work be not fully completed within the time mentioned in this Contract for its completion, then the Owner shall have the right to notify the Contractor to discontinue all work or any part thereof under this Contract. Awritten notice shall be served upon the Contractor either personally or by leaving said notice at the Contractor's residence or with his agent in charge of the work, and by certified mail upon the Surety. The Contractor shall discontinue said work or such part thereof and the Owner shall have the right to call upon the Surety to complete the Contract, or the Owner may complete the Contract, or such part thereof, and use such materials, equipment and tools for the completion of the same, and to charge the total expenses incurred to the Contractor. In case of such discontinuance of the employment of the Contractor, he shall not be entitled to receive any further payment under this Contract until the said work shall be wholly finished. If the unpaid balance of the amount to be paid under this Contract shall exceed the expense incurred by the Owner in finishing the work, such excess shall be paid by the Owner to the Contractor, and if such expense shall exceed such unpaid balance, the Contractor or his Surety shall pay the difference to the Owner. The Contractor shall have no claim for damages or otherwise whatsoever against the Owner by reason of any exercise of the right granted by this section, and this provision shall be a complete defense to any action or proceeding which may be instituted by the Contractor against the Owner arising out of or based upon any exercise by the Owner of the right hereby granted. If the right of the Contractor to proceed with the work is so terminated, the Owner may take possession of and utilize in completing the work such materials, appliances, supplies, plant and equipment as may be on the site of the work. None of the above may be removed by anyone without