PROJECT MANUAL FOR SAGTIKOS BUILDING - INTERIOR ... · project manual . for . sagtikos building - interior alterations . suffolk county community college . michael j. grant campus

PROJECT MANUAL

FOR

SAGTIKOS BUILDING - INTERIOR ALTERATIONS

SUFFOLK COUNTY COMMUNITY COLLEGE MICHAEL J. GRANT CAMPUS

BRENTWOOD, NEW YORK 11717

AUGUST 2019

Prepared by

Capital Projects/Facilities Department

TABLE OF CONTENTS

SUFFOLK COUNTY COMMUNITY COLLEGE BRENTWOOD, NY

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TABLE OF CONTENTS

LIST OF DRAWINGS 1

NOTICE TO BIDDERS 4

PROPOSAL FORM 5

SPECIAL INSTRUCTIONS 10

THE SUFFOLK COUNTY AFFIRMATIVE ACTION PLAN 11

BIDDER’S CHECKLIST 18

INSTRUCTIONS TO BIDDERS 19

GENERAL CONDITIONS 26

SUPPLEMENTARY AND SPECIAL CONDITIONS 67

LIST OF DRAWINGS


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LIST OF DRAWINGS DRAWING NO. DRAWING TITLE ARCHITECTURAL

CVR COVER SHEET, DRAWING LIST GN1.0 ACCESSIBILITY GUIDELINES BC1.0 BUILDING CODE ANALYSIS, PLUMBING FIXTURE CALCULATIONS EG1.0 EGRESS PLAN: FIRST FLOOR DM1.1 DEMOLITION PLAN: PARTIAL 1ST FLOOR DM1.2 DEMOLITION PLAN: PARTIAL 1ST FLOOR DM1.3 DEMOLITION PLAN: PARTIAL 2ND FLOOR DM1.4 DEMOLITION PLAN: PARTIAL 2ND FLOOR DM1.5 DEMOLITION PLAN: PARTIAL 3RD FLOOR PLAN A1.0 1ST FLOOR KEY PLAN A1.1 2ND FLOOR KEY PLAN A1.2 CONSTRUCTION PLAN: PARTIAL 1ST FLOOR A1.3 CONSTRUCTION PLAN: PARTIAL 1ST FLOOR A1.4 CONSTRUCTION PLAN: PARTIAL 2ND FLOOR A1.5 CONSTRUCTION PLAN: PARTIAL 2ND FLOOR A1.6 CONSTRUCTION PLAN: PARTIAL 3RD FLOOR ROOF A2.1 REFLECTED CEILING PLAN: PARTIAL 1ST FLOOR A2.2 REFLECTED CEILING PLAN: PARTIAL 1ST FLOOR A2.3 REFLECTED CEILING PLAN: PARTIAL 2ND FLOOR A2.4 REFLECTED CEILING PLAN: PARTIAL 2ND FLOOR A3.1 FINISH PLAN: PARTIAL 1ST FLOOR A3.2 FINISH PLAN: PARTIAL 1ST FLOOR A3.3 FINISH PLAN: PARTIAL SECOND FLOOR A4.1 POWER AND TELE. / DATA PLAN: PARTIAL 1ST FLOOR A4.2 POWER AND TELE. / DATA PLAN: PARTIAL 1ST FLOOR A4.3 POWER AND TELE. / DATA PLAN: PARTIAL 2ND FLOOR A5.0 MODIFICATIONS TO EXISTING BUILDING ELEVATIONS A6.0 PLAN AND SECTION DETAILS A7.0 ENLARGED TOILET PLANS & ELEVATIONS A7.1 ENLARGED TOILET PLANS & ELEVATIONS A8.0 ENLARGED MILLWORK PLANS & ELEVATIONS A8.1 ENLARGED MILLWORK PLANS & ELEVATIONS A8.2 MILLWORK DETAILS A8.3 ENLARGED LECTURE ROOM PLANS AND DETAILS A9.00 INTERIOR ELEVATIONS A9.01 INTERIOR ELEVATIONS A9.02 INTERIOR ELEVATIONS A9.03 INTERIOR ELEVATIONS A9.04 INTERIOR ELEVATIONS A9.05 INTERIOR ELEVATIONS A9.06 INTERIOR ELEVATIONS A9.07 INTERIOR ELEVATIONS A10.0 DOOR TYPES, DETAILS & SCHEDULE A10.1 ALUMINUM AND GLASS PARTITION, WINDOW DETAILS

LIST OF DRAWINGS


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A10.2 PARTITION TYPES A11.0 CEILING DETAILS

ENERGY COMPLIANCE EN0.1 ENERGY CODE COMPLIANCE SHEET 1 EN0.2 ENERGY CODE COMPLIANCE SHEET 2 EN0.3 ENERGY CODE COMPLIANCE SHEET 3 FIRE ALARM FA0.1 FIRE ALARM SYMBOLS, ABBREVIATIONS AND GENERAL NOTES FA1.1 FIRE ALARM DEMOLITION PLAN: PARTIAL 1ST FLOOR FA1.2 FIRE ALARM DEMOLITION PLAN: PARTIAL 1ST FLOOR FA2.1 FIRE ALARM: PARTIAL 1ST FLOOR PLAN FA2.2 FIRE ALARM: PARTIAL 1ST FLOOR PLAN FA2.3 FIRE ALARM: PARTIAL 2ND FLOOR PLAN FA5.1 FIRE ALARM DETAILS FA6.1 FIRE ALARM RISER DIAGRAM FIRE SPRINKLER SP0.1 FIRE SPRINKLER SYMBOLS, ABBREVIATIONS AND GENERAL NOTES SP1.1 FIRE SPRINKLER DEMOLITION PLAN: PARTIAL 1ST FLOOR SP1.2 FIRE SPRINKLER DEMOLITION PLAN: PARTIAL 1ST FLOOR SP1.3 FIRE SPRINKLER DEMOLITION PLAN: PARTIAL 2ND FLOOR SP2.1 FIRE SPRINKLER: PARTIAL 1ST FLOOR PLAN SP2.2 FIRE SPRINKLER: PARTIAL 1ST FLOOR PLAN SP2.3 FIRE SPRINKLER: PARTIAL 2ND FLOOR PLAN SP5.1 FIRE SPRINKLER DETAILS SP6.1 FIRE SPRINKLER RISER DIAGRAM MECHANICAL M0.1 MECHANICAL SYMBOLS, ABBREVIATIONS AND GENERAL NOTES M1.1 MECHANICAL DEMOLITION PLAN: PARTIAL 1ST FLOOR M1.2 MECHANICAL DEMOLITION PLAN: PARTIAL 1ST FLOOR M2.1 MECHANICAL: PARTIAL 1ST FLOOR PLAN M2.2 MECHANICAL: PARTIAL 1ST FLOOR PLAN M2.3 MECHANICAL: PARTIAL 2ND FLOOR PLAN M2.4 MECHANICAL: PARTIAL 2ND FLOOR PLAN M2.5 MECHANICAL: PARTIAL 3RD FLOOR ROOF PLAN M5.1 MECHANICAL DETAILS M5.2 MECHANICAL DETAILS M6.1 MECHANICAL SCHEDULES ELECTRICAL E0.1 ELECTRICAL SYMBOLS, ABBREVIATIONS, AND GENERAL NOTES E1.1 ELECTRICAL DEMOLITION PLAN: PARTIAL 1ST FLOOR E1.2 ELECTRICAL DEMOLITION PLAN: PARTIAL 1ST FLOOR E2.0 ELECTRICAL: 1ST FLOOR PLAN E2.1A ELECTRICAL: PARTIAL 1ST FLOOR TEL/DATA RACEWAY PLAN E2.1 ELECTRICAL: PARTIAL 1ST FLOOR PLAN

LIST OF DRAWINGS


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E2.2 ELECTRICAL: PARTIAL 1ST FLOOR PLAN E2.3 ELECTRICAL: PARTIAL 2ND FLOOR PLAN E2.5 ELECTRICAL: PARTIAL 3RD FLOOR ROOF PLAN E3.1 ELECTRICAL: PARTIAL 1ST FLOOR LIGHTING PLAN E3.2 ELECTRICAL: PARTIAL 1ST FLOOR LIGHTING PLAN E3.3 ELECTRICAL: PARTIAL 2ND FLOOR LIGHTING PLAN E3.4 ELECTRICAL: PARTIAL 2ND FLOOR LIGHTING PLAN E3.5 ELECTRICAL: LIGHTING CONTROLS PANEL E5.1 ELECTRICAL DETAILS E5.2 ELECTRICAL DETAILS E6.1 ELECTRICAL ONE-LINE DIAGRAM E6.2 ELECTRICAL SCHEDULES E6.3 ELECTRICAL SCHEDULES PLUMBING P0.1 PLUMBING SYMBOLS, ABBREVIATIONS AND GENERAL NOTES P1.1 PLUMBING DEMOLITION PLAN: PARTIAL 1ST FLOOR P1.2 PLUMBING DEMOLITION PLAN: PARTIAL 1ST FLOOR P2.1 PLUMBING: PARTIAL 1ST FLOOR PLAN P2.2 PLUMBING: PARTIAL1ST FLOOR PLAN P2.3 PLUMBING: PARTIAL 1ST FLOOR PLAN P2.4 PLUMBING: PARTIAL 2ND FLOOR PLAN P5.1 PLUMBING DETAILS P5.2 PLUMBING DETAILS P6.1 PLUMBING SCHEDULES AND RISER DIAGRAMS P6.2 PLUMBING SCHEDULES AND RISER DIAGRAMS P6.3 PLUMBING SCHEDULES AND RISER DIAGRAMS P6.4 PLUMBING SCHEDULES AND RISER DIAGRAMS P6.5 PLUMBING SCHEDULES AND RISER DIAGRAMS

NOTICE TO BIDDERS


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NOTICE TO BIDDERS Suffolk County Community College is accepting bids from qualified contractors for the Suffolk County Community College, Michael J. Grant Campus, Sagtikos Building - Interior Alterations, located in Brentwood, NY. The project involves the demolition of interior space, removal and reconstructing walls, ceilings flooring, doors, windows, as well as electrical, plumbing, HVAC, fire alarm system work, for the overall reconfiguration of approximately 20,000 sq. ft of space. The following separate contracts shall be awarded for this project: Contract No. 1– General Construction The Drawings, Specifications and the Project Manual are available on the College’s website (https://www3.sunysuffolk.edu/About/809.asp) starting Thursday, September 12, 2019. Separate sealed bids must be received by 2:00 p.m., on October 10, 2019. The sealed bids must be submitted at the College’s Procurement Office located on the Ammerman Campus, NFL Building Room L16, 533 College Road, Selden NY 11784, after which they will be publically opened. Bids will be publicly opened at the following location:

Room 11 Norman F. Lechtrecker (NFL) Building Ammerman Campus 533 College Road, Selden, NY 11784

Suffolk County Community College has scheduled a pre-bid meeting on September 20, 2019 at 10:00 AM at the following location:

Sagtikos Building Michael J. Grant Campus Crooked Hill Road, Brentwood, NY 11717

All interested bidders are strongly encouraged to attend this pre-bid meeting. All technical questions must be submitted via email to Seema Menon at [email protected], by September 27, 2019. This project is subject to the terms and conditions of a Project Labor Agreement, which is included as part of the bid documents, and provided as a separate attachment. Awards will be made to the lowest responsible bidders in conjunction with Local Law #5-1993, which establishes an optional ten percent (10%) local (Nassau/Suffolk) preference program. Late bids will not be accepted. The College reserves the right to reject any and all bids.

https://www3.sunysuffolk.edu/About/809.asp

mailto:[email protected]

NAME OF BIDDER: PROPOSAL FORM


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PROPOSAL FORM PROJECT: SAGTIKOS BUILDING - INTERIOR ALTERATION MICHAEL J. GRANT CAMPUS, BRENTWOOD, NY 11717 FOR: Contract No. 1 – General Construction TO: Suffolk County Community College 533 College Road Selden, New York 11784 This document constitutes a proposal to do the work specified in the Contract Documents for this project. Should the Undersigned be a joint venture or other plural entity, the nouns, pronouns and verbs in the proposals that apply to the Undersigned shall be understood to be written in the plural sense. In submitting this bid, the Undersigned declares that he is the only person interested in the bid, that it is made without any connections with any person making another bid for the same contract, that the bid is in all respects fair and without collusion, fraud, or mental reservation, and that no official of the College or the County, or any person in the employ of the College or the County, is directly or indirectly interested in the bid or in the supplies or work to which it relates or in any portion of the profits thereof. The Undersigned also hereby declares that he has carefully examined the plans, specifications, and form of contract and that he has personally inspected the actual location of the work, together with the local sources of supply, is satisfied as to all the quantities and conditions, and understands that in signing this proposal, he waives all right to plead any misunderstanding regarding the same. The Undersigned further declares that he has received and examined the following addenda:

ACKNOWLEDGEMENT OF ADDENDA Addendum# Dated: Addendum# Dated: Addendum# Dated: Addendum# Dated: Addendum# Dated:



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The Undersigned further understands and agrees that he is to furnish all labor, materials, equipment, supplies and other facilities and things necessary and required for the execution and completion of Sagtikos Building – Interior Alteration – Contract No. 1 in strict accordance with the Contract Documents for the lump sum price of (Written in Words) $ which is the Base Bid. (Written in Figures) BID SECURITY Each Bidder shall deposit with its bid a Certified Check or Bid Bond in an amount not less than five percent (5%) of the Base Bid made payable to Suffolk County Comptroller, in the amount of: ($ ) and agrees such surety shall be the measure of liquidated damages should he default in delivery of agreement. BID MUST BE SIGNED BY OFFICER AUTHORIZED TO SIGN FOR CORPORATION NAME OF BIDDER

ADDRESS

CITY STATE ZIP CODE

PHONE NO. E-MAIL ADDRESS

FEDERAL TAX IDENTIFICATION NUMBER

SIGNATURE OF AUTHORIZED INDIVIDUAL PRINT NAME AND TITLE OF SIGNER



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COMPLETION It is intended that the work under this contract be substantially completed by August 7, 2020. Final completion is anticipated to be on or before February 5, 2021. During the progress of construction, if at any time it becomes apparent that the proposed construction will not be substantially complete by the stated date, the Contractor shall submit an alternate plan to be approved by the Engineer and the College. If approved, this alternate plan and its implementation will be performed by the Contractor at no additional cost to the College. The Contractor shall be permitted to work Monday through Friday 7:00 AM to 4:00 PM. Daily start and stop times will also be at the Contractor’s discretion unless the College needs to modify early morning or late evening work. ALTERNATES The Undersigned proposes to perform Alternates as set forth in the drawings and specifications, and described in section(s), for the listed Lump Sum Alternate Prices. The College General Counsel or designee hereby reserves the right to accept and/or reject any or all Alternates which constitute a part of this proposal. BID PRICE FOR ALTERNATES N/A UNIT PRICES N/A



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EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATIONS A. Bidder's Certifications - A Bidder will not be eligible for award of a contract under this Invitation

for Bids, unless such Bidder has submitted as a part of his bid the following certification, which will be deemed a part of the resulting contract:

BIDDER'S CERTIFICATION

certifies that:

(Bidder)

a. He intends to use the following listed construction trades in the work under the contract ; and

b. As to those trades set forth in the preceding Paragraph One hereof, he will comply with the

Nassau-Suffolk Plan on all construction work (both State and non-State) in the Nassau-Suffolk Counties area within the scope of coverage of that Plan.

c. He will obtain from each of his Subcontractors and submit to the College prior to the award

of any subcontract under this contract, the Subcontractor Certification required by these Bid Conditions.

(Signature of Authorized Representative of Bidder) B. Subcontractors' Certifications - Prior to the award of any subcontract under this Invitation for

Bids, regardless of tier, the prospective Subcontractor shall execute and submit to the Prime Contractor, the following certification, which will be deemed a part of the resulting subcontract:

SUBCONTRACTOR'S CERTIFICATION

certifies that: (Subcontractor)

a. He intends to use the following listed construction trades in the work under the subcontract

; and

b. As to those trades set forth in the preceding Paragraph One hereof, he will comply with the

Nassau-Suffolk Plan.



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In order to ensure that the Subcontractors' Certification becomes a part of all subcontracts under the prime contract, no subcontract shall be executed until an authorized representative of the College has determined, in writing, that the certification has been incorporated in such contract regardless of tier. Any subcontract executed without such written approval shall be void.

C. Materiality and Responsiveness - The Certifications required to be made by Bidder pursuant to

these Bid Conditions is material, and will govern the Bidder's performance on the project and will be made a part of his bid. Failure to submit the Certification will render the bid non-responsive.

SPECIAL INSTRUCTIONS


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SPECIAL INSTRUCTIONS 1. A pre-bid meeting is scheduled for September 20, 2019 at 10:00 AM to commence in the

Lobby of the Sagtikos Building located on Suffolk County Community College’s Michael J. Grant Campus, 1001 Crooked Hill Road, Brentwood, NY 11717. All interested bidders are strongly encouraged to attend this pre-bid meeting

2. The Schedule of Prevailing Hourly Wage Rates and the Prevailing Hourly Supplements,

as provided by the New York State Department of Labor, must be complied with in accordance with Article 8 of the New York State Labor Law. These rates and supplements are available on the College’s website.

3. All bidders must comply with Resolution No. 190 – 2002, To Require Apprenticeship

Training Programs for County Contracts (See Instructions to Bidders, Section 15). This resolution is available upon request.

4. The Bidders shall include with their bids a preliminary schedule identifying principal

activities and starting and completion dates in bar chart format 5. The Bidders shall include with their bids a complete schedule of values inclusive of all

equipment, systems, etc. Labor and materials should be broken out for each item on the schedule.

6. Minimum Qualifications

• The Bidders and subcontractors must be licensed to perform the work they are bidding on in the jurisdiction the work will take place.

• Experience: Bidders must include with their bids, documentation demonstrating that bidder possesses a minimum of (5) years continuous experience as a firm engaged principally as a contractor.

• Project-Related Experience: Bidders must include with their bids, documentation demonstrating that they have completed at least (5) projects similar to the project being contemplated under this solicitation. As part of this documentation, bidder must list the project name, type and scope of work, dates of project/contract completion, as well as names, addresses and contact information of owners. The College has the right to verify the documentation.

THE SUFFOLK COUNTY AFFIRMATIVE ACTION PLAN


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CONTRACTS AND GRANTS PROGRAM W/MBE’S INFORMATION, FORMS AND INSTRUCTIONS FOR CONTRACTORS

A. POLICY STATEMENT

One of the goals of the Suffolk County Affirmative Action Plan is to prohibit discrimination and provide equal opportunity to qualified applicants for contract, subcontracts and grants with the County.

The College is committed to assuring compliance with all Federal and State requirements designed to guarantee that protected classes have equal access to contracting opportunities.

B. SUFFOLK COUNTY/SUFFOLK COUNTY COMMUNITY COLLEGE

CONTRACTING REQUIREMENTS

1. Required Provisions

a) The contractor will not discriminate against employees or applicants for employment on the basis of race, color, religion, creed, sex, age, marital status, gender identity or expression, sexual orientation, familial status, pregnancy, predisposing genetic characteristics, equal pay compensation-sex, national origin, military or veteran status, domestic violence victim status, criminal conviction or disability , and will undertake or continue existing programs of affirmative action to ensure that women and minority group members are afforded equal employment opportunities without discrimination. Affirmative action shall mean recruitment, employment, job assignment, promotion, upgradings, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation.

b) The contractor shall require each employment agency, labor union, or

authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union or representative will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, gender identity or expression, sexual orientation, familial status, pregnancy, predisposing genetic characteristics, equal pay compensation-sex, national origin, military or veteran status, domestic violence victim status, criminal conviction or disability, and that such union or representative will affirmatively cooperate in the implementation of the contractor’s obligations herein.

c) The contractor shall state, in all solicitations or advertisements for employees,

that, in the performance of the Suffolk County contract, all qualified applicants will be afforded equal employment opportunities without discrimination on the basis of race, color, religion, creed, sex, age, marital



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status, gender identity or expression, sexual orientation, familial status, pregnancy, predisposing genetic characteristics, equal pay compensation-sex, national origin, military or veteran status, domestic violence victim status, criminal conviction or disability.

d) The contractor shall include the provisions of section “a”, “b” and “c” in every

subcontract, in such a manner that the provisions will be binding upon each subcontractor for all work in connection with the contract.

e) The contractor shall use all good faith efforts to implement the Suffolk County

Women and Minority owned business enterprise program and to solicit active participation by enterprises identified in the “Suffolk County Women/Minority Business Enterprise Directory” (“County W/MBE Directory”) as certified women and minority-owned business enterprises.

f) Definitions:

(1) Women-owned business enterprise: A business enterprise, including

a sole proprietorship, partnership or corporation that is: i. At least fifty-one percent owned by one or more citizens or

permanent resident aliens who are women;

ii. An enterprise in which the ownership interest of such women is real, substantial and continuing;

iii. An enterprise in which such women ownership has and exercises

the authority to control and operate, independently, the day-to-day business decisions of the enterprise; and

iv. An enterprise authorized to do business in New York State and

which is independently owned and operated.

(2) Minority-owned business enterprise: A business enterprise, including a sole proprietorship, partnership or corporation that is:

i. At least fifty-one percent owned by one or more minority group

members;

ii. An enterprise in which such minority ownership is real, substantial and continuing;

iii. An enterprise in which such minority ownership has and

exercises the authority to control and operate, independently, the day-to-day business decisions of the enterprise; and



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iv. An enterprise authorized to do business in New York State and is independently owned and operated.

(3) Minority group member: A United States citizen or permanent

resident alien who is and can demonstrate membership in one of the following groups:

i. Black persons having origins in any of the Black African racial

groups;

ii. Hispanic persons of Mexican, Puerto Rican, Dominican, Cuban, Central or South American descent of either Indian or Hispanic origin, regardless of race;

iii. Native American persons having origins in any of the original

peoples of North America;

iv. Asian and Pacific Islander persons having origins in any of the Far East countries, South East Asia, the Indian subcontinent or the Pacific Islands.

(4) Utilization Plan: A plan prepared by a contractor and submitted in

connection with a proposed College contract that indicates what measures and procedures the contractor intends to take to utilize women/minority business enterprises for the project that is the subject of the bid proposal.

(5) Contractor: An individual, a business enterprise including a sole

proprietorship, a partnership, a corporation, a not-for-profit corporation, or any other party to a College contract, or a bidder in conjunction with the award of a College contract or a proposed party to a College contract for the purchase of services or goods.

(6) Contract: A written agreement or purchase order instrument, or

amendment thereto, whereby the College is committed to expend or does expend funds in return for labor, services, supplies, equipment, materials or any combination of the foregoing, to be performed for, or rendered or furnished to the College, or a written agreement whereby the College is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon;

(7) Subcontract: An agreement providing for the construction,

demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon or services between a contractor and any individual or business enterprise, including a sole



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proprietorship, partnership, corporation, or not-for-profit corporation, in which a portion of a contractor’s obligation under a College contract is undertaken or assumed, but shall not include any construction, demolition, replacement, major repair, renovation, planning or design or real property or improvements thereon or services for the beneficial use of the contractor.

g) The contractor shall be required to acknowledge that after bid opening and

prior to contract award, such contractor will be required to submit a “Detailed Utilization Plan” (“Utilization Plan”).

h) The contractor’s Utilization Plan shall include, but not be limited to:

(1) identification of the certified women or minority owned business

enterprises that have committed to perform work in connection with the proposed Suffolk County contract as well as any such enterprises which the contractor intends to use in connection with the contractor’s performance of the proposed Suffolk County contract;

(2) whether the contractor has advertised in general circulation media,

trade association publications, and women-focus and minority-focus media and if so, the names of such media and publications and the dates of the advertisements;

(3) whether certified women/minority businesses which have been

solicited by the contractor have responded in a timely fashion to the contractor’s requests for proposal or solicitations for timely competitive bid quotations;

(4) whether there has been written notification to appropriate certified

women/minority businesses that appear in the County W/MBE Directory or State Directory if applicable;

(5) a description of the contract scope of work which the contractor

intends to structure to increase the participation by certified women and minority-owned business enterprises on the Suffolk County contract;

(6) the estimated or, if known, actual dollar amounts to be paid to certified

women and minority-owned enterprises and the performance dates of each component of the Suffolk County contract which the contractor intends to be performed by a certified W/MBE; and

(7) documentation of the contractor’s actual utilization of

women/minority business enterprises during the previous year.



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i) If selected as the lowest responsible bidder, the contractor shall submit periodic reports relating to the operation and implementation of the submitted utilization plan, including a final report at the end of the contract term. A contractor compliance report shall include, but not be limited to:

(1) the name, address and telephone number of each certified women and

minority-owned business enterprise the contractor is using or intends to use to comply with the utilization plan;

(2) a brief description of the contract scope of work to be performed for

the contractor by each certified women and minority-owned business enterprise and the scheduled dates for performance;

(3) a statement of whether the contractor has a written agreement with

each certified women and minority-owned business enterprise and, if requested, copies of such agreements;

(4) the actual total cost of the contract scope of work to be performed by

each certified women and minority-owned business enterprise for the contract; and

(5) documentation of the actual amounts of any payments made by the

contractor to each certified women and minority-owned business enterprise as of the submission date of the compliance report.

j) In the event of the contractor’s noncompliance with the non-discrimination

clauses and W/MBE requirements of any College contract such contract may be cancelled, terminated or suspended in whole or in part.

k) Failure to comply with the non-discrimination clauses and W/MBE

requirements of any College contract shall be a factor in determining whether a contractor is in default of such contract. Upon request, a contractor who is declared in default of a contract may be notified of the grounds for notice of default on such contract.



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AFFIDAVIT AND CERTIFICATION

STATE OF NEW YORK) COUNTY OF SUFFOLK) , being duly sworn, deposes and says that he resides at That the bidder hereby agrees that every good faith effort shall be made to solicit and utilize certified women/minority businesses on this project through either subcontracting to and/or entering into purchase or service agreements. That the undersigned has recognized and acknowledged that the statements herein are being given under oath and any material misrepresentation will be grounds for terminating any contract which may be awarded in reliance hereon. That this affidavit and statements herein are made knowing that the truth of the contents hereof will be relied upon.

Sworn to before me this day of , 20 Notary Public STATE OF NEW YORK) COUNTY OF SUFFOLK) On the day of , 20 , before me personally came to be known to be the individual described in and who executed the foregoing instrument and acknowledged that he executed same.

Notary Public

BIDDER WHO FAILS OR REFUSES TO COMPLETE AND RETURN THIS AFFIDAVIT SHALL NOT BE DEEMED A RESPONSIVE BIDDER AND WILL NOT BE ACKNOWLEDGED.



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CONSULTANT’S/CONTRACTOR’S DETAILED MBE/WBE UTILIZATION PLAN

Consultant/Contractor Project Name/Number

Address Total Bid Price: $

Contract/Project Description:

Name, Address, Telephone of

MBE/WBE Firm

Work to be Done/Materials to be Supplied by MBE/WBE Firm

(Include Item Numbers)

Dollar Value of Each (by Item

OFFICE OF MINORITY/WOMEN ENTERPRISE USE ONLY

SUBTOTALS OF UTILIZATION

U.P.APPROVED BY:

U.P. DISAPPROVED

BY: COMMENTS

MBE

WBE

Telephone#: Signature of Contractor/Owner

Fax#:

BIDDER’S CHECKLIST


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BIDDER’S CHECKLIST

All bid packages must have met all the requirements and include all the necessary submissions, forms and certifications specified in this Project Manual, in particular those items and activities outlined in the ‘Notice to Bidders’, ‘Proposal Form’, ‘Special Instructions’, “Instructions to Bidders’, and ‘Section V – Forms and Legal Appendices’. This includes the following:

Completed Requirement Page in Project Manual

1. Review of the Project Manual and Contract Drawings 2. Review Special Instructions and take action, if indicated 11 3. Review of Model Agreement to enter into contract 4. Attend Pre-bid Walk-through 5. Submission of declaration of addendum received 5 6. Submission of Lump sum base bid 6 7. Submission of bid security 6 8. Submission of Alternates, if required 7 9. Submission of Unit prices, if required 7 10. Submission of Equal Employee Opportunity Certifications 8 11. Submission of MBE/WBE Affidavit and Certification 16 12. Submission of MBE/WBE Utilization Plan 17 13. Bidder’s Checklist 18

14. Submission of Affidavit of Registered/Approved NYS Apprenticeship Program (Res. No. 190-2002) 24 - 25

15. Submission of WICKS sub-contractors (if applicable) 16. Submission of Bid Bond/Security 17. Financial Statements and Backlog 18. Submission of Project Schedule pg 10, #4 19. Submission of Schedule of Values pg 10, #5 20. Submission of Experience documentation pg 10, #6, bullet 2 21. Submission of Project experience documentation pg 10, #6, bullet 3 22. Submission of Contractor’s Qualifications Statement

23. Submission of Forms from Section V – Forms and Legal Appendices which include:

a) LL52-Disqualification of Non-responsible bidders b) FTS - Non-Collusion c) Local Business Certification Form d) SCEX Form 22 Public Disclosure Statement e) LHE-1 and LHE-2 f) Living Wage Form DOL-LW1/38

Bids that do not contain the required submissions may be considered informal bids. The MBE/WBE Utilization Plan may be submitted after the bid opening but prior to the contract award.

INSTRUCTIONS TO BIDDERS


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INSTRUCTIONS TO BIDDERS 1. GENERAL

a. All of the Contract Documents relating to the work included under this Contract, with the exception of the Drawings and Addenda (if any) to such documents, are contained in the Project Manual and Technical Specifications.

b. The "drawings" referred to in the Project Manual or Technical Specifications form are

part of this Contract, and are available separately. c. The Bidder shall examine all of the documents relating to all trades involved and submit

one bid which includes all work shown and/or specified under the contract. All of these documents may be examined at the location specified in the ‘Notice to Bidders’.

2. PROPOSALS

a. Proposals must be submitted in sealed envelopes, and in the form as attached hereto, with all blanks appropriately filled in.

b. All bid prices shall be filled in, in ink, in both words and figures. Signatures shall be in

ink and in longhand. Proposals which are incomplete, conditional or obscure may be rejected as informal.

c. No oral or telephone proposals or modifications of proposals will be considered. The

Bidder shall base his bid (proposal) on furnishing all items exactly as shown and/or specified.

d. Proposal forms are included in this project manual.

e. Contractor's Qualifications Statement, Public Disclosure Statement, MBE/WBE

Affidavit and Certification shall be submitted with the proposal.

1) The Contractor’s Qualification Statement must be American Institute of Architects (AIA) Document #A305, latest edition. This document can be purchased from the AIA • Phone Number: (800) 242 3837 • Email: [email protected] • Link to documents online: https://www.aiacontracts.org/find

mailto:[email protected]

https://www.aiacontracts.org/find



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3. AWARD

a. The award of contract and alternates will be made as soon after the opening of bids as practicable. College General Counsel may consider informal any bids not prepared and submitted in accordance with the provisions hereof, and hereby reserves the right to waive any informalities in or to reject any or all bids, or to accept any bid which in his opinion will be in the best public interest.

4. BID SECURITY

a. Each bid must be accompanied by the Certified Check of the Bidder or by a Bid Bond duly executed by the Bidder as principal and having as surety thereon a Surety Company licensed to do business in the State of New York, subject to the approval of the County of Suffolk and U.S. Treasury Department rated, and in the amount specified in the ‘Proposal Form’, made payable to the Suffolk County Comptroller. Upon award of the Contract, the successful bidder will be required to furnish Performance and Payment Bonds within 2 weeks. Failure to do this may result in forfeiture of bidder’s security to the College as liquidated damages.

b. Upon request, the Bid Bonds and Certified Checks of all except the two lowest formal bidders will be returned within one business week after the opening of bids and the remaining Bid Bonds or Certified Checks of the two lowest formal bidders will be returned when the contract is executed, or in any event within 45 days after the opening of bids. If either of the two lowest bidders has submitted a Certified Check, a Bid Bond may be substituted within 24 hours.

c. The successful Bidder shall provide: a Payment Bond (Labor and Materials Bond) and Performance Bond for the full amount of the contract price, guaranteeing the full payment for all labor, materials, and equipment and the full payment of all subcontractors. American Institute of Architects (AIA) bond forms are preferred.

d. The premium on these bonds shall be paid by the Contractor. 5. VISIT TO SITE

a. The Bidder shall, by careful examination of the site and/or buildings and by such other means as he may prefer, satisfy himself as to the extent and character of the work to be performed and materials to be furnished, the character of the equipment and facilities needed during the prosecution of the work, and all other matters which in any way affect the work specified herein. No representation is made that surface, subsurface or overhead conditions at the site are completely shown in the Project Manual and Drawings.

b. The submission of a Proposal will be construed as conclusive evidence that such an

examination has been made, and no subsequent claims for additional cost of labor, material, appliances, or equipment, for difficulties encountered which could have been



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foreseen by such examination will be recognized. 6. REVIEW OF CONTRACT DOCUMENTS

a. The Bidder shall carefully examine all drawings and specifications of all branches of trades, for the purpose of thoroughly acquainting himself with the exact nature and extent of the work included under each heading and Contract. The failure of, or omission of, any Bidder to receive or examine any drawings, forms, instructions or documents shall in no way relieve such Bidder from any obligations in respect to his bid.

b. Discrepancies between any drawings and/or specifications and the parts thereof, any omissions of detail, materials and/or appurtenances normally required or items that are open to possible variations to interpretation shall be referred to the Engineer for clarification before submitting a bid.

7. ADDENDA AND INTERPRETATION

a. No oral interpretation of the drawings, specifications or other Contract Documents will be given to any Bidder. Every request for such interpretation shall be addressed in writing to the contact specified in the ‘Notice to Bidders’ and must be received at least five business days prior to the date set for the opening of the bids.

b. All such interpretations and supplemental instructions will be in the form of written addenda to the specifications and drawings which, if issued, will be sent to each Bidder not later than three days prior to the date set for the opening of the bids. Failure to receive any such addenda shall not relieve any Bidder from any obligation under his bid as submitted. All addenda so issued shall become a part of the Contract Documents.

8. TIME OF COMPLETION

a. Time is of the essence for this Contract. It is intended that the work under the Contract be substantially complete by the date set forth in the ‘Proposal Form’ of the Project Manual.

b. On demand of the College General Counsel, the contractor shall furnish proof of the disposition and status of materials ordered and/or required for the subject project.

9. LABOR

a. The contractor shall employ such workmen and methods in the prosecution of the work as will not cause interruption of, or interference with, his own work and/or that of any other contractor on this or other building projects at the site.



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10. GOVERNING LAWS

a. The Bidder is cautioned that work under this Contract is governed by specific provisions of the Labor Law and the General Municipal Law of the State of New York. While certain of these specific provisions are quoted in the General Conditions of the Contract, no representation is made that all applicable provisions of law are so quoted.

11. NONCOLLUSIVE BIDDING

a. In accordance with Section 103-d of the General Municipal Law, ALL BIDDERS shall be required to execute and submit a non-collusion in bidding certification, which shall be attached to the bid. For your convenience, a non-collusion in bidding certification has been provided in the Forms and Legal Appendices attachment.

12. ALTERNATES, UNIT PRICES & ALLOWANCES

a. The attention of all Bidders is directed to the unit prices requested and the alternate bids specified under the Alternates Section of the ‘Proposal Form’ and ‘Technical Specifications’. The Contractors are further cautioned to include all allowances in their base bid if required.

13. PUBLIC DISCLOSURE

a. In accordance with Suffolk County Administrative Code Section A5-7, the successful bidder shall be required to execute and submit a public disclosure statement prior to being awarded the contract.

14. GRATUITY LAW

a. The successful bidder must represent and warrant that it has not offered or given any gratuity to any official, employee or agent of Suffolk County or New York State or of any political party, with the purpose or intent of securing an agreement or securing favorable treatment with respect to the awarding or amending of an agreement or the making of any determinations with respect to the performance of an agreement, and that the signer of the Contract has read and is familiar with the provisions of Local Law No, 32-1980 of Suffolk County (Chapter 386 of the Suffolk County Code).

15. REGISTERED/APPROVED NYS APPRENTICESHIP PROGRAM(S)

a. If the bid amount for this Contract, or the aggregate value of the individual contracts that comprise this project, is in excess of $250,000 and up to $3,000,000, the Contract(s) will be subject to Resolution No. 190-2002, which requires that firms entering into contracts with the County participate in apprenticeship agreements, appropriate for the type and scope of work to be performed, which have been registered with and approved by the New York State Commissioner of Labor in accordance with



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Article 23 of the New York Labor Law. The Contractor and his Subcontractors shall provide evidence of participation in these apprenticeship training programs.

b. The Contractor shall provide an affidavit of the firm’s and the firm’s subcontractors’ participation in approved apprenticeship programs. Failure to provide this affidavit will result in disqualification.

c. The Contractor shall also submit an affidavit of participating in an approved apprenticeship training program from each subcontractor. This affidavit is to be included with the Contractor’s notification to the College of its subcontractors (General Conditions, Section 28)

16. ADDITIONAL SUBMISSIONS

a. In addition to a Payment Bond and a Performance Bond, the successful bidder shall submit an MBE/WBE Utilization Plan, insurance certificates, and a list of subcontractors as required under the ‘General Conditions’ of this Project Manual before commencing work. The Payment Bond, Performance Bond and insurance certificates shall be in a form acceptable to the College. A progress schedule and schedule of values should be included in all bids.

17. BIDDER’S SEXUAL HARRASSMENT POLICY

By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that the bidder has and has implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees. Such policy shall, at a minimum, meet the requirements of section two hundred one-g of the labor law.

18. COLLEGE SEXUAL HARRASSMENT POLICY

Bidders are advised that the College’s Sexual Harassment Policy can be accessed using the following link: https://www.sunysuffolk.edu/legalaffairs/documents/equal-opportunity-anti-discrimination-policy.pdf

https://www.sunysuffolk.edu/legalaffairs/documents/equal-opportunity-anti-discrimination-policy.pdf

https://www.sunysuffolk.edu/legalaffairs/documents/equal-opportunity-anti-discrimination-policy.pdf



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SUFFOLK COUNTY COMMUNITY COLLEGE

CONTRACTOR / SUBCONTRACTOR AFFIDAVIT OF PARTICIPATION IN NEW YORK STATE APPRENTICESHIP TRAINING PROGRAM

Date:

Capital Fund No. / Project Name: Letting Date: I being duly sworn, deposes and states:

(Name of Responsible Party) that I am an Officer, a Partner, the Owner of

(Name and Address of Firm) That I affirm of my own knowledge that the above firm 1) participates in registered and approved New York State Apprenticeship Training Programs for all trades to be utilized under this contract; 2) will only employ subcontractors who participate in registered and approved New York State Apprenticeship Training Programs; and 3) will require all such subcontractors to execute an Affidavit of Participation which is to be submitted to the College with the Contractor’s request for subcontractor approval.

Contractor / Subcontractor Corporate Name

(CORPORATE SEAL) By

Print (Name and Title)



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State of } } ss. County of } On this day of , 20 , before me personally came to me know, who being

(Name of Individual) sworn, did depose and say that (s) he is the

(Title of Individual) of

(Name of Corporation) the corporation described in and which executed the above instrument; that (s)he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that (s)he signed his / her name thereto by like order. My commission expires

Notary Public SCCC Form Affidavit 3/03

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GENERAL CONDITIONS INDEX TO GENERAL CONDITIONS OF CONTRACT 1. DEFINITIONS 2. CONTRACT DOCUMENTS 3. DRAWINGS AND INSTRUCTIONS 4. SCHEDULES 5. SHOP DRAWINGS 6. SAMPLES 7. ACCESS TO WORK 8. SEPARATE CONTRACTS 9. USE OF PREMISES AND REMOVAL OF DEBRIS 10. SURVEYS AND LAYOUT 11. CLIMATIC CONDITIONS 12. PROTECTION OF WORK AND PROPERTY 13. ACCIDENT PREVENTION 14. CONTRACTOR'S TITLE TO MATERIALS 15. MATERIALS AND WORKMANSHIP 16. ASSIGNMENTS AND SUBLETTING 17. CHANGES IN THE WORK 18. EXTRAS 19. CONDITIONS OF THE SITE 20. PATENTS 21. RECORDS AND DRAWINGS 22. SUPERINTENDENCE BY CONTRACTOR 23. SUPERVISION, INTERPRETATIONS AND DECISIONS 24. INSPECTION 25. FINAL INSPECTION 26. PAYMENTS BY THE CONTRACTOR 27. PAYMENTS TO THE CONTRACTOR 28. SUB-CONTRACTS 29. LAWS, PERMITS AND REGULATIONS 30. OWNER'S RIGHT TO TERMINATE CONTRACT 31. CONTRACT SECURITY 32. FORMS ENCLOSED 33. CONTRACTORS AND SUBCONTRACTORS INSURANCE 34. OWNER'S INSURANCE 35. INDEMNIFICATION 36. GUARANTEE OF WORK 37. MAINTENANCE BOND – Not Required 38. TIME OF COMPLETION 39. TEMPORARY OCCUPANCY AND OPERATIONS 40. LIQUIDATED DAMAGES – Not Required 41. OWNER'S REPRESENTATIVE

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42. SUBSTITUTIONS 43. LIABILITY OF THE OWNER 44. HOURS AND WAGES 45. DISCRIMINATION IN EMPLOYMENT 46. PREFERENCE IN EMPLOYMENT 47. DUST HAZARDS 48. PROVISIONS OF LAW 49. UNIT PRICES 50. TAXES 51. CASH ALLOWANCES 52. LIENS 53. PUBLIC DISCLOSURE 54. ASBESTOS 55. WORKING HOURS, HOLIDAYS AND OVERTIME

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1. DEFINITIONS

Whenever the following words or expressions are used in these specifications or accompanying documents, it is understood that they have the meaning defined below:

ADMINISTRATIVE DIRECTOR OF EDUCATIONAL FACILITIES: The person holding the appointment for that position at Suffolk County Community College, who shall act for the Executive Director of Facilities/Technical Support as his authorized expert representative. His official instructions, approvals or disapprovals of the work shall be received and acted upon as if they had been received from the Executive Director of Facilities/Technical Support personally. APPROVED OR APPROVAL: Written acceptance: where this term is used, it shall be understood that reference is made to the ruling or judgment of the Engineer or Architect. ARCHITECT: The Architect listed for the project under contract to Suffolk County Community College, or the Executive Director of Facilities/Technical Support or the Administrative Director of Educational Facilities. COLLEGE: Suffolk County Community College, Selden, New York CONTRACT AGREEMENT: The agreement covering the performance of the work and the furnishing of labor and materials in the construction of the work. CONTRACT DOCUMENTS: The advertisement of proposals; the Contractor's proposal; the Agreement; the Project Manual; the Specifications; the plans or drawings; any addenda to specifications and all provisions required by law to be inserted in the Contract whether actually inserted or not. CONTRACT TIME: The Contract Time is the period of time allotted in the Contract Documents for completion of the work. CONTRACTOR: The person, firm or corporation named as such in the Agreement including the plural number and the masculine gender when such are named in the Agreement as the Contractor. Only one firm is recognized as a party to this Contract. COUNTY: Suffolk County, New York, represented by Suffolk County Community College through the Vice President for Business and Financial Affairs. ENGINEER: The Engineer listed for the project under contract to Suffolk County Community College, or the Executive Director of Facilities/technical Support or the Administrative Director of Educational Facilities. EXECUTIVE DIRECTOR OF FACILITIES/TECHNICAL SUPPORT: The person holding the appointment for that position at Suffolk County Community College, who shall act for the Vice President for Business and Financial Affairs as his authorized expert representative. His official

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instructions, approvals or disapprovals of the work shall be received and acted upon as if they had been received from the Vice President for Business and Financial Affairs personally.

FINAL ESTIMATE OR PAYMENT: Final payment to Contractor for work performed under the contract and made as set forth in Contract Documents. LABORATORY: The Suffolk County Department of Public Works testing laboratory or an independent laboratory especially designated by the Vice President for Business and Financial Affairs or his designee for testing the materials to be used under the Contract. MATERIAL: Any approved material acceptable to the Vice President for Business and Financial Affairs or his designee and conforming to the requirements of the specifications. NOTICE: All written notices, demands, instructions, claims, approvals and disapprovals required to obtain compliance with the contract requirements. Any written notice by either party to the Contract shall be sufficiently given if delivered to or at the last known business address of the person, firm or corporation constituting the other party to the Contract, or to his, their or its authorized agent, representative or officer, or when enclosed in a postage prepaid envelope addressed to such last known business address and deposited in a United States mail box. OR EQUAL: A term intended to open the Specifications to permit substitution by the Contractor of any competitive product which is acceptable to the Engineer or Architect in quality, properties, functions and/or cost. OWNER: Suffolk County Community College, under the sponsorship of the County of Suffolk, State of New York. PARTIAL OR MONTHLY ESTIMATES: Payments to the Contractor for work satisfactorily performed, made as set forth in the Contract Documents. PLANS OR DRAWINGS: All official drawings or reproductions of drawings pertaining to the work or to any structure connected therewith and enumerated in the Schedule of Drawings. PROJECT: The Construction work to be performed under one or more construction contracts to complete the undertaking contemplated in these Documents. PROJECT MANUAL: The manual for the project including the bidding requirements, conditions of the contract, and the technical specifications. PROPOSAL: The offer of the bidder for the work, when executed and submitted on the prescribed form. RESIDENT ENGINEER (OR CLERK OF THE WORKS): The Engineer or (Inspector) representing Suffolk County Community College having direct observation of the execution of the Contract under the direction of the Vice President for Business and Financial Affairs,

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Executive Director of Facilities/Technical Support or Administrative Director of Educational Facilities. SAMPLES: Samples are physical examples furnished by the Contractor to illustrate materials, equipment or workmanship and to establish standards by which the work will be judged. SHOP DRAWINGS: Shop drawings are drawings, diagrams, illustrations, schedules, performance charts, brochures and other data which are prepared by the Contractor or any Subcontractor, manufacturer, supplier or distributor, and which illustrate some portion of the work. SITE: The specific area adjacent to and including the area upon which construction work is to be performed. Generally, such area may be considered as defined by the contract limits or property made available to the Contractor for construction operations. SPECIFICATIONS: The body of directions, requirements, etc., contained in this present volume or under separate cover, together with all documents of any descriptions and agreements made (or to be made), pertaining to the methods or manner of performing the work or to the quantities and quality as shown by test records of accepted materials to be furnished under this contract. STATE: State of New York SUBCONTRACTOR: Any person, firm or corporation having a direct contract or agreement with the Contractor to furnish material worked to a special design, or to install material, or to perform any part of the Contractor's work for the Contractor. A person, firm or corporation who merely furnished material not worked to a special design, or an employee of the Contractor, is not a Subcontractor. SUBSTANTIAL COMPLETION: Completion of the work to such an extent that the project may be occupied and used completely and without inconvenience, but not necessarily without the necessity for minor adjustments, to final completion in strict accordance with the plans and specifications. The date of substantial completion of a project or specified project is the date when construction is substantially complete. TON: Short ton of 2,000 pounds. VICE PRESIDENT FOR BUSINESS AND FINANCIAL AFFAIRS: The person holding the appointment for that position at Suffolk County Community College, who shall act for the President and Board of Trustees in all aspects of the work. WORK: The term Work includes all labor necessary to produce the construction required by the Contract Documents, and all materials and equipment incorporated or to be incorporated in such construction. The use of the words "Furnish", "Supply", "Install", "Provide", or "Provided" in connection with

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any item specified means, unless otherwise noted, that such item or items shall be furnished and installed, and connected where so required unless specifically stated otherwise. Words in the singular shall include the plural wherever the context so indicates.

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AASHO: American Association of State Highway Officials ACI: American Concrete Institute AIA: American Institute of Architects AIEE: American Institute of Electrical Engineers AISC: American Institute of Steel Construction AITC: American Institute of Timber Construction ASA: American Standards Association ASCE: American Society of Civil Engineers ASHRAE: American Society of Heating, Refrigeration and A/C Engineers ASME: American Society of Mechanical Engineers ASTM: American Society for Testing and Materials AWG: American Wire Gauge AWSC: American Welding Society Code BIFMA: Business and Institutional Furniture Manufacturer’s Association DFPA: Douglas Fire Plywood Association FS: Federal Specifications LIPA: Long Island Power Authority NBFU: National Board of Fire Underwriters NEC: National Electric Code NEMA: National Electrical Manufacturers Association NFPA: National Fire Protection Association NLMA: National Lumber Manufacturers Association NTMA: National Terrazzo and Mosaic Association UL: Underwriter's Laboratories, Inc.

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Any material specified by reference to number, symbol or title of specific standard, such as ASTM, Commercial Standard, Federal Specifications, Trade Association Standard, or other similar standard, shall comply with requirements in latest revision thereof and any amendment or supplement thereto in effect on date of Notice to Bidders, except as limited to type, class or grade, or modified in such reference. 2. CONTRACT DOCUMENTS

a. The Contract Documents shall be signed by the owner and Contractor in as many original counterparts as may be mutually agreed upon.

b. The Contract Documents are complementary and anything called for by one of the Contract

Documents and not called for by the others shall be of like effect as if required or called for by all.

c. The intention of the documents is to provide for work complete in every detail even though

every item necessarily involved is not particularly mentioned. The Contractor shall be held to provide all labor, material, equipment and transportation necessary for the entire completion of the work intended to be described, and shall not avail himself of any unintentional error or omission should such exist.

d. Use dimensions of Drawings as shown. Do not measure by scale. Full size details have

preference over scale details, and large scale details have preference over small.

e. Where discrepancies exist between Drawings and Specifications, or necessary measurements are missing, or work specified or shown on Drawings is obviously incorrect or impossible to execute, or figures fail to check, the Contractor shall call these facts to the attention of the Engineer or Architect. In case of ambiguity or discrepancy the Engineer's or Architect’s decision as to the intention of the Documents shall be final, and no work shall start until all of these ambiguities or discrepancies have been interpreted.

f. While the Specifications under each Contract are subdivided into trade Sections (but only for

the purpose of facilitating the work) the Contractor shall, nevertheless, furnish all labor and materials necessary to complete the work in accordance with this Contract, despite the fact that it may not appear under the work specified for the particular trade under which it would be normally classified.

3. DRAWINGS AND INSTRUCTIONS

a. The Owner will furnish to the Contractor as many copies of the general drawings, specifications, detail drawings and addenda to the above as are normally required for the performance of the work. The Contractor is to state his requirements in writing to the Vice President for Business and Financial Affairs or his designee. All prints and specifications issued to the Contractor shall remain the property of the Owner and shall be returned to him upon completion of the project.

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b. The general character and scope of the work are illustrated by the drawings and/or listed in

the specifications. Any additional detail or other information deemed necessary by the Engineer or Architect will be furnished to the Contractor when and as required by the work.

c. Where the word "typical" or "similar" appear on the drawings, it shall be interpreted in its

general sense and not as meaning "identical" and all details shall be worked out in relation to their location and their connection with other parts of the work.

4. SCHEDULES

a. Progress Schedule: The Contractor’s bid shall include a Progress Schedule. This schedule shall be corrected by the Contractor as required by the Engineer or Architect in order to plan the progress of the work. An up-to-date schedule, revised if necessary shall be submitted when requested by the Engineer or Architect.

b. Schedule of Values: The Contractor’s bid shall include a Schedule of Values which total the

amount of the Contract and submit it to the Vice President for Business and Financial Affairs or his designee for approval. The Contractor shall make such revisions as may be required to make this schedule conform to the true value of the work as jointly agreed upon by the Engineer and the Contractor. The Contractor's initial submission shall be broken down into material and labor.

c. Shop Drawing Schedule: If requested by the Engineer or Architect, the Contractor shall

submit a Shop Drawing Schedule fixing the dates for the submission of shop drawings for the beginning of manufacturing and installation of materials and for the completion of the various parts of the work. This schedule shall be coordinated with the progress schedule.

d. Schedule of Anticipated Monthly Payments: If requested by the Engineer or Architect, before

the first partial payment under the Contract becomes due, the Contractor to each Contract shall prepare a Schedule of Anticipated Monthly Payments and submit it to the Engineer or Architect for review and approval.

5. SHOP DRAWINGS

a. The Contractor shall submit for approval of the Engineer or Architect, all shop drawings called for under the Contract or requested by the Engineer or Architect or required for the performance of the work, and no work shall be fabricated by the Contractor, save at his own risk, until such approval has been given. The shop drawings and/or schedules shall be submitted sufficiently in advance of construction requirements to allow ample time for checking, correcting, resubmitting and rechecking.

b. Shop drawings and samples shall be dated and contain the project name, description or name

of equipment, materials and items and complete identification of locations at which materials and equipment are to be installed.

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c. Submission of shop drawings and samples shall be accompanied by transmittal letter in

duplicate containing project name, Contractor's name, number of drawings and complete description.

d. Shop drawings shall establish the actual detail of the work; indicate proper relation to

adjoining work; amplify design details of mechanical and electrical equipment in proper relation to physical spaces in the structure; and incorporate minor changes of design or construction to suit actual conditions.

e. All shop drawings and samples shall be thoroughly checked by the Contractor for compliance

with the Contract Documents before submitting them to the Engineer or Architect for approval and all shop drawings shall bear the Contractor's stamp of approval certifying that they have so been checked. Any shop drawings submitted without this stamp of approval and certification, and shop drawings which, in the Engineer's or Architect’s opinion, are incomplete, contain numerous errors or have not been checked or only checked superficially, will be returned unchecked by the Engineer or Architect for resubmission by the Contractor. In checking shop drawings, the Contractor shall verify all dimensions and field conditions and shall check and coordinate the shop drawings of any section or trade with the requirements of all other sections or trades whose work is related thereto, as required for proper and complete installation of the work.

f. Refer to the Technical Specifications for the number of copies to be submitted and additional

approval processes for shop drawings. Shop Drawings will be stamped by the Engineer, as follows: APPROVED: This notation will be checked for submissions without any corrections. APPROVED WITH CHANGES: This notation will be checked for submissions

when corrections or additional notations are required for fabrication and installation. REVISE AND RESUBMIT: This notation will be checked for submissions when

corrections or additional notations are required for fabrication and installation. Resubmission is required.

REJECTED: This notation will be checked for submissions that are unacceptable to

the Engineer. Resubmission is required. SUBMIT SPECIFIED ITEM: This notation will be checked for submissions that are

unacceptable to the Engineer or Architect. Submit specified items only.

g. If the Contractor should alter any information on previously submitted shop drawings other than the notations called for by the Engineer or Architect, he must circle this new information to bring it to the Engineer's or Architect’s attention.

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h. In submitting shop drawings for approval, all associated drawings related to a complete assembly shall be submitted at the same time so that each may be checked in relation to the entire proposed assembly.

i. The approval of shop or setting drawings shall not be construed:

• As permitting any departure from the Contract requirements. • As relieving the Contractor of the responsibility for any error in details, dimensions or

otherwise that may exist • As approving departures from additional details or written instructions previously

furnished by the Vice President for Business and Financial Affairs.

j. Prefabricated Items: Refer to the Technical Specifications. 6. SAMPLES

a. Refer to the Technical Specifications.

b. Samples should be submitted in ample time to permit proper consideration without delaying the Contractor's operation. Material should not be ordered until approval is received from the Engineer or Architect in writing.

7. ACCESS TO WORK

a. The Engineer, Architect, Resident Engineer or Clerk of the Works, or any authorized agent of the Owner shall have access at all times to the work for inspection wherever it is in preparation or progress, and the Contractor shall provide proper facilities for such access and inspection.

8. SEPARATE CONTRACTS

a. The Owner reserves the right to let other contracts in connection with the project, the work under which will proceed simultaneously with the execution of this Contract. The Contractor shall afford other separate contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work and the Contractor shall take all reasonable action to coordinate his work with theirs. If the Contractor should discover that the work performed by the separate contractor is defective or so performed as to prevent the Contractor from carrying out his work according to the plans and specifications, the Contractor shall immediately notify the Engineer or Architect.

9. USE OF PREMISES AND REMOVAL OF DEBRIS

a. All Contractors expressly undertake, either directly or through their subcontractors:

1) To take every precaution against injuries to persons or damage to property.

2) To comply with the regulations governing the operation of the premises and to perform

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his work in such a manner as not to interrupt or interfere with the operation of any existing activity on the premises or at the location of the work.

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

site of work as will not unduly interfere with the progress of his work or the work of any other contractor, and as will comply with the State and County Fire Marshal requirements for egress.

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

safety of that portion of the work.

5) To clean up frequently, and daily at a minimum, all refuse, rubbish, scrap materials and debris caused by his operations, to the end that at all times the site of the work shall present a neat, orderly and workmanlike appearance, and as will comply with the State and County Fire Marshal requirements for egress.

6) To effect all cutting, filling or patching of his work required to make the same conform to the plans and specifications and except with the consent of the Engineer not to cut or otherwise alter the work of any other contractor.

7) Before final payment, to remove all surplus material, false work, temporary structures,

including foundations thereof, plants of any description and debris of every nature resulting from his operations and to put the site in a neat, orderly condition; to thoroughly clean and leave reasonably dust free all finished surfaces on the interior of all buildings included in the Contract; and to wash and polish all glass installed under the contract including the removal of all paint spatters and other defacements.

8) Control of the Site: The General Contractor shall take control of and assume responsibility

for the management, care and maintenance of the site, and shall be solely responsible for any site damage; adjustments shall be made by him for all claims or suits occurring there without loss, expense or annoyance to the Owner. All other trades shall consult and cooperate with the General Contractor in maintaining such areas of the site in a clean and orderly condition and remove all equipment, material and debris when or as required or when ordered to do so by the Owner or Engineer or Architect.

9) In the event of neglect of maintenance of the site, the Owner may remove this rubbish and

back charge the cost to the General Contractor as determined by the Engineer or Architect.

10) Under no conditions shall any rubbish be thrown from the building.

11) The Contractor shall provide areas and sufficient metal receptacles where the rubbish may be stored until this rubbish can be properly removed from the building.

12) No accumulation of waste materials, garbage and/or rubbish caused by any Contractor's operation shall be allowed to accumulate at the buildings or the construction area for any

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length of time. The General Contractor shall arrange for periodic pickup and removal of same.

13) Burning will not be permitted under any circumstances. 10. SURVEYS AND LAYOUT

a. Each Contractor shall layout his own work and he shall be responsible for all lines, elevations and measurements of the work executed by him under his Contract. He must verify the figures shown on the Drawings before laying out the work and will be held responsible for any error resulting from his failure to do so.

11. CLIMATIC CONDITIONS

a. When so ordered by the Engineer or Architect, the Contractor shall suspend and properly protect any work that may be subject to damage by climatic conditions. All work of any kind found to be injured by weather shall be removed and replaced by the Contractor who installed such work, without cost to the Owner.

b. The General Contractor shall, at all times, provide protection against wind, weather, frost and

heat. At the end of the day’s work, all new work, likely to be damaged, shall be covered and protected by the respective trades.

12. PROTECTION OF WORK AND PROPERTY

a. The Contractor shall continuously maintain adequate protection of all his own work from damage and shall protect the Owner's property from injury or loss arising in connection with his Contract. He shall make good any such damage, injury or loss, except such as may be directly due to errors in the Contract Documents or caused by agents or employees of the Owner. He shall adequately protect adjacent property as provided by law and the Contract Documents. He shall provide and maintain all passageways, guard fences, lights and other facilities for protection required by public authority, local conditions, or any of the Contract Documents. He shall be responsible for all parts of his work, both temporary and permanent, until the work under his contract is declared accepted by the Owner.

b. Should the Contractor, his employees, or his subcontractors, cause damage to or upon any

other Contractor's work, the Contractor agrees, upon due notice, to settle with such parties and make good all damage. If such other Contractor or subcontractor sues the Owner on account of any damage alleged to have been so sustained, the College will notify the Contractor, who shall defend such proceedings; and should any judgment be obtained against the College, the Contractor shall satisfy such judgment and pay all costs incurred by the Owner.

c. Any work damaged by failure to provide proper protection, must be removed and replaced

with new work, at the expense of the Contractor. Any damage caused by smoking, eating, drinking, etc. will be replaced by the Contractor, at his expense. The Contractor shall not load

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or permit any part of work to be loaded so as to endanger its safety. Fires shall not be built on the premises without a permit. The Contractor shall at all times, protect the excavation trenches from damage from rainwater, spring water, ground water, backing up of drains, sewers and all other water.

d. The Contractor, in addition to the general and specific items mentioned in the above, shall

protect all concrete, stone and brick work, where same will be subject to damage from construction work, traffic or otherwise. All concrete and paving shall be protected until sufficiently set and cured to sustain traffic; suitable protection shall be continued until work under the Contract is accepted by the Owner.

e. In an emergency affecting the safety of life or of the work or of adjoining property, the

Contractor, without special instruction or authorization from the Engineer, Architect or Owner, is hereby permitted to act, at his discretion, to prevent such threatened loss or injury. Any compensation due the Contractor on account of emergency work shall be determined by agreement with the Vice President for Business and Financial Affairs.

13. ACCIDENT PREVENTION

a. The safety provisions of applicable laws, building construction codes and "Federal Safety Standards of the Occupational Safety and Health Administration Rules and Regulations" shall be observed. Machinery, equipment and all hazards shall be guarded or eliminated in accordance with the safety provisions of the latest edition of the manual of accident prevention in construction, published by the Associated General Contractors of America, to the extent that such provisions are not in contravention of applicable law.

b. The Contractor shall be responsible for initiating, maintaining and supervising all safety

precautions and programs in connection with the work.

1) The Contractor shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated in writing by the Contractor to the Owner and the Engineer or Architect.

2) The Contractor shall comply with all applicable laws, ordinances, rules, regulations and

orders of any public authority having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. He shall erect and maintain as required by existing conditions and progress of the work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying Owners and users of adjacent utilities.

3) The Contractor shall provide and maintain guard lights, barricades and railings at all

trenches or pits adjacent to public walks or roads and at obstructions in the streets, roads and sidewalks.

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14. CONTRACTOR'S TITLE TO MATERIALS

a. No materials or supplies for the work shall be purchased by the Contractor or by any subcontractor subject to any chattel mortgage or under a conditional sale or other agreement by which an interest is retained by the seller. The Contractor warrants that he has good title to all materials and supplies for which he accepts partial payment.

15. MATERIALS AND WORKMANSHIP

c. Unless otherwise specified, all materials and equipment incorporated in the work under the Contract shall be new. All workmanship shall be first class and by persons qualified in the respective trades. The Contractor shall not employ on the work any unfit person or anyone not skilled in the task assigned to him.

d. It is understood that except as otherwise specifically stated in the Contract Documents, the

Contractor, either directly or through his subcontractor(s), shall provide and pay for all materials, labor, tools, equipment, water, light, power and other services, and facilities of every nature whatsoever necessary to execute, complete, and deliver the work within the specified time.

e. All work shall be executed in a thorough, substantial and workmanlike manner and in

complete accordance with the contract requirements. Sufficient competent workmen, foremen, and superintendents shall be employed at all times as required to diligently pursue the work.

f. All work or material which may be rejected by the Owner or its representative shall be at once

removed from the site of the work by the Contractor at his own expense, and replaced by work or material satisfactory to the Owner.

g. The Contractor shall supervise and direct the work, using his best skill and attention. He shall

be solely responsible for all construction means, methods, techniques, sequences and procedures and for coordinating all portions of the work under the Contract.

16. ASSIGNMENTS AND SUBLETTING

h. The Contractor, unless first approved in writing by the Owner, is not to assign, transfer or sublet any portion of the contract to any other person or in any way to abridge the terms of the contract documents but must keep it in his name and contract until completed and accepted by the Engineer or Architect and the Owner. The Contractor shall, likewise, not assign any of the money payable under the contract, unless first approved in writing by the Owner.

i. Approval by the Owner of the subletting of any part of the work shall not under any

circumstances relieve the Contractor or his Surety of any liabilities or obligations under the terms of the contract documents nor shall it create any contractual relations between any

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subcontractor and the Owner.

j. Should any subcontractor violate any of the terms of these specifications, the Owner may, at its option, require the Contractor to end and terminate such subcontract.

k. In the event approval is given for the subletting of part or all of the project, the agreement

between the subcontractor and the general contractor will be subject to examination by the Engineer or Architect and the approval of the Owner. Copies of all subcontracts shall be filed with the Owner.

17. CHANGES IN THE WORK

a. The Owner may at any time, by written order, and without notice to the sureties, make changes in the drawings and specifications of this Contract and within the general scope thereof except that no changes will be made which will increase the total contract price to an amount more than 20% in excess of the original contract price without notice to sureties. In making any change, the charge or credit for the change shall be determined by one of the following methods as selected by the owner:

1) By order stipulating the mutually-agreed price, which shall be added or deducted from the

contract price. If the price change is an addition to the contract price, it shall include the Contractor's overhead and profit. If the price change is a reduction to the contract price (i.e. a deduct change order), the Contractor is not allowed to withhold his overhead and profit. If a line item or several line items are eliminated from the Contractor’s approved schedule of values, the Owner shall be credited the full amount of each line item as it appears on the approved schedule of values, plus the contractor’s associated overhead and profit if this overhead and profit was not included in the line item amount.

2) By estimating the number of unit quantities of each part of the work which it changes and

then multiplying the estimated number of such unit quantities by the applicable unit price (if any) set forth in the Contract or other mutually agreed unit price.

3) By ordering the Contractor to proceed with the work and to keep and present in such a

form as the Owner may direct a correct amount of the cost of the change together with all vouchers therefore. The cost shall include the Contractor's overhead and profit.

b. The Contractor shall upon request of the College General Council or his designee, furnish an

itemized breakdown of the quantities and prices used in computing the value of any change that might be ordered.

c. The amount allowed for overhead and profit shall not exceed the applicable percentages as

established in the following paragraphs:

1) If the work is done directly by the Contractor, overhead in an amount of 10% may be added if method ‘a (1)’, or ‘a (3)’ is used, and to the cost of the labor and materials plus

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overhead there may be added 10% for profit. The percentages for overhead and profit may vary according to the nature, extent and complexity of the work involved but in no case shall exceed the percentages set forth in this paragraph and in paragraph ‘c (2)’. No percentages for overhead and profit will be allowed on payroll taxes or on the premium portion of overtime pay.

2) If the work is done by a subcontractor, there may be added 10% to the subcontractor's

price for the Contractor's combined overhead and profit. In this instance, the subcontractor can charge a maximum of 10% for their combined overhead and profit.

3) Overhead shall be defined as an allowance to compensate for all costs, charges and

expenses, direct or indirect, except for the actual cost of labor and material as defined by paragraph ‘c (4)’. Overhead shall be considered to include, but not be limited to, insurance (other than as mentioned in paragraph “c (4)’, bond or bonds, field and office supervisors and assistants above the level of foreman, use of small tools and minor equipment, incidental job burdens, general office expense, etc.

4) Actual cost of labor and material shall be defined as the amount paid for the following

items, to the extent determined reasonable and necessary:

Item (a) - Cost of materials delivered to the job site for incorporation into the contract work. Item (b) - Wages paid to workmen and foremen and wage supplements paid to labor organizations in accordance with current labor agreements. Item (c) - Premiums or taxes paid by the Contractor for workmen's compensation insurance, unemployment insurance, FICA tax and other payroll taxes as required by law, net of actual and anticipated refunds and rebates. Item (d) - Sales taxes paid as required by law.

5) When, in the opinion of the Contractor, and as approved by the Engineer or

Architect-in-charge, suitable equipment is not available on the site (exclusive of hand tools and minor equipment) and is needed to perform the work, it will be paid for at actual cost if the equipment is not self-owned. Rented equipment will be paid for at the actual rental cost. For self-owned equipment use, the Engineer or Architect-in-charge may approve for reimbursement a rate representing the allocable costs of ownership. Self-owned equipment is defined to include equipment rented from controlled or affiliated companies. The rate on self-owned equipment used for periods of under one week will be the equipment distributor's published monthly rate divided by 22 days to establish a daily rate and divided again by eight hours to establish an hourly rate.

6) Regardless of the method used to determine the value of any change, the Contractor will

be required to submit evidence satisfactory to the Engineer or Architect to substantiate

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each and every item that constitutes his proposal of the value of the change. 18. EXTRAS

a. If the Contractor claims that any instruction, by drawings or otherwise, involved extra work not covered by the Contract, he shall give the Engineer or Architect written notice thereof ten (10) days after the receipt of such instructions and before proceeding to execute the work, except in emergencies endangering life or property. If it is later determined that the work involved in such instructions should be recognized as an extra, the amount of the additional compensation to be paid therefore shall be determined by such one of the three methods provided in paragraph 17 for Changes in the Work as may be selected by the Owner. Except as otherwise specifically provided, no claims for extra work shall be allowed unless the notice specified by this section is given by the Contractor or unless such work is performed pursuant to the written order of the Owner as provided in paragraph 17.

19. CONDITIONS OF THE SITE

a. If, in performance of the Contract, subsurface or latent conditions at the site are found to be materially different from those indicated by the drawings and specifications, or unknown conditions of unusual nature as disclosed differing materially from the conditions usually inherent in work of the character shown and specified, the attention of the Engineer or Architect shall be called immediately to such conditions before they are disturbed. Upon such notice or upon his own observation of such conditions the Engineer or Architect will promptly make such changes in drawings and specifications as he finds necessary to conform to the different conditions, and any increase or decrease in the cost of the work resulting from such changes shall be adjusted as provided under Changes in the Work, paragraph 17. All such conditions shall be reflected in the “As-Built” drawings.

20. PATENTS

a. The Contractor shall hold and save the Owner, its officers, agents and employees harmless from any loss or liability for or on account of process, article or appliance manufactured or used in the performance of the Contract, including its use by the Owner, unless such invention, process article or appliance is specifically named in the specifications or drawings as acceptable for use in carrying out the work. If before using such invention, process, article or appliance, the Contractor has information that is covered by patent letters making it necessary to secure the permission of the patentee, or other, for its use, he shall so advise the Owner who may direct that some other invention, process, article or appliance be used.

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21. RECORDS AND DRAWINGS

a. The Contractor shall maintain at the site for the Owner one copy of all Drawings, Specifications, Addenda, approved Shop Drawings, authorized Change Orders and other modifications, in good order and marked to record all changes made during construction. These shall be available at all times to the Owner, Engineer or Architect and their representatives. The Drawings and Specifications, marked to record all changes made during construction shall be delivered to the Engineer or Architect for the Owner upon completion of the work.

b. "As-Built" Drawings 1) The Contractor shall be supplied a set of erasable mylar and a disk copy of the Contract

Drawings.

2) The Contractor shall maintain in the construction office at the job, a set of prints of contract drawings. A daily record, in red pencil, shall be kept on these prints of the work installed and all modifications or changes therein. This set of prints shall be available at all times to the Engineer or his representative for inspection.

3) All details on contract drawings must also be corrected for changes and/or modifications.

4) Where the location of installed work is presumed or inferred but not specifically measured or located because of its being concealed in existing construction, this shall be so indicated on the installation drawings.

5) Upon substantial completion, the Contractor shall transfer all information from the field

prints to the mylar tracings and the disk, correcting all details as required. The Contractor shall then sign them indicating that the work was installed as shown. The originals shall then be delivered to the Engineer or Architect or his representative and accepted before final payment shall be requested under the terms of the Contract. Engineer's and Architect's seals shall be removed from tracings prior to submission to the Owner.

6) The Engineer or Architect shall be the sole judge of the acceptability of any and all drawings.

22. SUPERINTENDENCE BY CONTRACTOR

a. The Contractor shall give his personal superintendence to the project and have a competent superintendent satisfactory to the College Vice President for Business and Financial Affairs or his designee on the site at all times during the progress of his work.

b. The Contractor's superintendent shall represent him during his absence, and all written

directions given the superintendent shall be as binding as if given to the Contractor.

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c. None but competent superintendents, foremen and workmen are to be employed on any part of the project. Should the Engineer or Architect or Owner deem any employees incompetent or negligent, or for any cause unfit for their duty, the Contractor shall dismiss them and they shall not again be employed on the project.

d. Any portion of the work under this project involving professional engineering, or the

application of engineering principles or data shall be done under the supervision of a professional engineer licensed by the State of New York who shall be retained or employed by the Contractor.

23. SUPERVISION, INTERPRETATIONS AND DECISIONS

a. All work shall be done under the supervision of the College Vice President for Business and Financial Affairs or his designee. He shall determine the amount, quality, acceptability and fitness of all parts of the work. He shall interpret the Specifications, Contract Documents and Extra Work Orders and he shall decide all other questions in connection with the work. The Engineer or Architect or Clerk of the Works shall have no authority orally to approve or order changes in the work that alter the terms or conditions of the Contract. Upon request, the College Vice President for Business and Financial Affairs shall confirm in writing, within ten (10) days, any oral order, direction, requirement or determination.

b. Authority of Vice President for Business and Financial Affairs Final and Conclusive: To

prevent all disputes and litigation, the Vice President for Business and Financial Affairs in addition to those matters elsewhere herein expressly made subject to his determination, direction or approval and in addition to the powers given him by state or local law, shall in all cases have the power to review and determine finally any and all questions in relation to this Contact and its performance, which determination shall be final and conclusive upon the Contractor; and to modify or change the Contract so as to require the performance of extra work, or the omission of contract work when he deems it in the interest of the College to do so; or both; and to suspend the whole or any part of the work whenever, in his judgment, such suspension is required in the interest of the College generally, or to coordinate the work of the various trades engaged in the project, or to expedite the completion of the entire project even though the completion of this particular part of the project may be thereby delayed, without compensation to the Contractor for such suspension other than extending the time for completion of the work as much as it may have been, in the opinion of the Vice President for Business and Financial Affairs, delayed by such suspension. The Vice President for Business and Financial Affairs may, at his own option, waive his right to make a final determination and cause any such dispute or question to go to mediation.

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24. INSPECTION

a. All material and workmanship, if not otherwise designated by the specifications, shall be subject to inspection, examination and test by Suffolk County Community College at any and all times during manufacture or construction. The representative of the College shall have the right to reject defective material and workmanship or require its correction. Rejected workmanship shall be satisfactorily corrected and rejected material shall be satisfactorily replaced with proper material without charge. Therefore the Contractor shall promptly segregate and remove the rejected material from the premises. If the Contractor fails to proceed at once with replacement of rejected material or correction of defective workmanship, the Owner may, by contract or otherwise, replace such material or correct such workmanship and charge the cost to the Contractor.

b. The Contractor shall furnish promptly without additional charge all reasonable facilities, labor

and materials necessary and convenient for making such tests as may be designated in the specifications.

c. If any work should be covered contrary to the request of the Engineer or Architect, it must, if

required by the Engineer or Architect, be uncovered for his observation and replaced, at the Contractor's expense.

d. Should it be considered necessary or advisable by the Engineer or Architect at any time before

final acceptance of the entire work to make an examination of work already completed, by removing or tearing out same, the Contractor shall on request promptly furnish all necessary facilities, labor and material. If such work is found to be defective in any respect, by fault of the Contractor, or his agent, the Contractor shall defray all the expenses of such examination and of satisfactory reconstruction. If, however, such work is found to meet the requirements of the Contract, the actual cost of labor and material necessarily involved in the examination and replacement shall be allowed the Contractor and he shall, in addition, if completion of the work has been delayed thereby, be granted a suitable extension of time on account of the additional work involved.

e. Should it be necessary for the Clerk of the Works to stop the work for any deviation in the

Contract Documents, the Contractor shall do so immediately and such work stoppage shall continue until the matter in question is settled to the satisfaction of the Owner.

25. FINAL INSPECTION

a. When the work is substantially completed, the Contractor shall notify the Owner in writing that the work will be ready for final inspection and test on a definite date which shall be stated in such notice. The notice shall be given at least ten (10) days in advance of the date and shall be forwarded to the College.

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26. PAYMENTS BY THE CONTRACTOR

a. Except in cases of bona fide disputes the Contractor shall pay for the following:

1) All transportation and utility services; not later than the end of the calendar month following that in which the services are rendered.

2) All material, tools, and other expendable equipment to the extent of 90% of the cost

thereof; not later than the end of the calendar month following that in which such materials, tools and equipment are delivered at the site of the project.

3) To each of his subcontractors, not later than the end of the calendar month in which each

payment is made to the Contractor or as is stated in Section 27(e) of these General Conditions, whichever is sooner, the representative amount allowed the Contractor on account of the work performed by his subcontractors, to the extent of each subcontractor's interest therein.

27. PAYMENTS TO CONTRACTOR

a. Unless otherwise provided in the specification, the Owner will make partial monthly payments to the Contractor on the basis of a duly certified and approved estimate of the work performed during the preceding calendar month as approved by the College. Payment requests must be submitted to the Engineer or Architect. The College will not approve any payment request that has not been reviewed and signed by the Engineer or Architect. In preparing estimates, the material delivered on the site and preparatory work done shall be taken into consideration. The College will not approve any payment request that does not include the applicable certified payroll records. All contractors and sub-contractors must attach a copy of proof of completion of the OSHA 10 course to the first certified payroll submitted to the College and on each succeeding payroll where any new or additional employee is first listed. Proof of completion may include but is not limited to (1) Copies of bona fide course completion card (Note: Completion cards do not have an expiration date.); (2) Training roster, attendance record of other documentation from the certified trainer pending the issuance of the card; or (3) Other valid proof. A certification by the employer attesting that all employees have completed such a course is not sufficient proof that the course has been completed. Application for payment shall be made by the Contractor in triplicate.

b. The Owner shall pay partial payments, less an amount necessary to satisfy any outstanding

claims, liens or judgments, and less retained amount of not more than five percent (5%) of the payment requested.

c. The Owner shall pay upon requisition for materials delivered to the site or off-site and suitably

stored and secured as required by the Owner. However, the Owner may limit such payment to materials in short and/or critical supply and materials specifically fabricated for the project as defined in the contract. The following list of requirements shall be fulfilled prior to

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reviewing a request for payment for stored off site materials:

1) State name and address of storage site.

2) Provide a written statement that the stored items are for the exclusive use on a specific project, including full title of the project and the appropriate capital fund number.

3) Provide a copy of an invoice for stored items. Invoice must include description of each

item, quantity of materials, serial number(s) when available, and purchase value.

4) Provide a certificate of insurance for fire, theft and vandalism with the College and County named as insured parties and certificate holders.

5) Provide a statement that the items are available for inspection by the College.

6) Provide a statement as to method of storage of materials to ensure their security and their

protection from adverse elements or environments.

d. When work contemplated by the terms of the contract is substantially complete, the Contractor shall submit a requisition for the "contract balance." The Owner shall pay the remaining amount less retainage and an amount necessary to satisfy any outstanding claims, liens or judgments against the Contractor. As remaining items of work are satisfactorily completed or corrected, the Owner shall pay upon requisition for these items.

e. Within fifteen (15) calendar days of the receipt of a payment from the Owner, the Contractor

shall pay each of his Subcontractors and material men for work performed and/or materials furnished by them as reflected in the payment from the Owner, less an amount necessary to satisfy any outstanding claims, liens or judgments and less a retained amount of not more than five percent (5%), except that the Contractor may retain not more than ten percent (10%), provided that prior to entering into a subcontract with the Contractor, the Subcontractor is unable or unwilling to provide a performance bond and labor and material bond in the full amount of the subcontract at the request of the Contractor.

f. All material and work covered by partial payments made shall thereupon become the sole

property of the Owner, but this provision shall not be construed as relieving the Contractor from the sole responsibility for all materials and work upon which payments have been made or the restoration of any damaged work or as a waiver of the right of the Owner to require the fulfillment of all the terms of the Contract.

g. So long as any lawful or proper directive concerning the work or material by the Vice

President for Business and Financial Affairs, or by his representative, shall remain not complied with, the Contractor shall not be entitled to have any estimate made for the purpose of the payment, nor shall any estimate be rendered on account of work done or material furnished until such lawful or proper directive has been fully and satisfactorily complied with.

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h. The Owner may decline to approve an Application for Payment and may withhold his Certificate in whole or in part if in the Owner’s opinion the Contractor is unable to make representations to the Owner as to progress and quality of the work. The Engineer or Architect may also decline to approve any Application for Payment or, because of subsequently discovered evidence or subsequent inspections, he may nullify the whole or any part of any Certificate for Payment previously issued to such extent as may be necessary in his opinion to protect the Owner from loss because of:

1) defective work not remedied, 2) claims filed or reasonable evidence indicating probable filing of claims, 3) failure of the Contractor to make payments properly to subcontractors or for labor,

materials or equipment, 4) reasonable doubt that the work can be completed for the unpaid balance of the Contract

Sum, 5) reasonable indication that the work will not be completed within the Contract time, 6) unsatisfactory prosecution of the work by the Contractor, 7) insufficient support documentation, including certified payroll, and/or errors in the

payment request, or 8) payment requests that violate these General Conditions or any other contract documents

or any Federal, State or local law.

i. Final Payment: On completion of the work under his Contract, the Contractor shall notify the Vice President for Business and Financial Affairs or his designee in writing and the Engineer or Architect in writing that the work is complete and ready for final inspection; the Vice President for Business and Financial Affairs shall thereupon make or cause to be made by his representative, a final inspection of the work. If the work is accepted by the Vice President for Business and Financial Affairs as a result of such inspection, he shall thereupon notify the Contractor of such acceptance by letter, and copies of such acceptance shall be sent to other interested parties; and he shall thereafter authorize payment by the College to the Contractor of all monies due, including the retained percentage, for the work done. All prior estimates and payments including those relating to extra work, shall be subject to correction by this payment, which is throughout this Contract called Final Payment.

j. Close-Out Documentation: Neither the final payment nor the remaining retained percentage

shall become due until the Contractor submits to the Engineer or Architect all required close-out documents specified herein and in all other contract documents and specifications. Required close-out documents shall include but not be limited to:

1) As-Built Drawings. 2) Operation and Maintenance Manuals. 3) All required guarantees and warranties for work and equipment. 4) Subcontractor’s Affidavit of Release of Liens (AIA Document G706A) along with the

Subcontractor’s Waiver of Public Improvement Lien (General Conditions Attachment 1). In addition, if any liens have been filed by a Subcontractor, a Satisfaction or Release or Discharge of Lien on Public Improvement form (General Conditions Attachment 2) must

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be completed and attached for each lien filed. 5) Releases of Liens from all subcontractors and suppliers. 6) Contractor’s Affidavit of Payment of Debts and Claims (AIA Document G706). 7) Contractor’s Affidavit of Release of Liens (AIA Document G706A). If any liens have

been filed by the Contractor, a Satisfaction or Release or Discharge of Lien on Public Improvement form must be completed and attached for each lien filed.

8) Consent of Surety to Final Payment (AIA Document G707). 9) Maintenance Bond (if required). 10) Completion of Training agreement executed by the Contractor and the College.

k. If any subcontractor refuses to furnish any release or waiver required by the Owner, the

Contractor may furnish a bond satisfactory to the Owner to indemnify him against any such lien. If any such lien remains unsatisfied after all payments are made, the Contractor shall refund to the Owner all moneys including all costs and reasonable attorneys' fees.

l. Acceptance of Final Payment Constitutes Release: The acceptance by the Contractor of the

Final Payment shall be and operate as a release to the Owner of all claims and of all liability to the Contractor for all things done or furnished in connection with this work. No certificate for payment issued by the College, and no payment, final or otherwise, shall be an acceptance of any work or materials not in accordance with the Contract; nor shall the same relieve the Contractor of responsibility for unsettled liens, for faulty materials or workmanship or operate to release the Contractor or his surety from any obligation under the Contract, the Performance Bond or terms of any special guarantees required by the Contract Documents.

NOTE: CERTIFIED PAYROLL RECORDS ARE REQUIRED TO BE SUBMITTED FOR ALL TRADESMEN WITH EACH REQUISITION.

28. SUBCONTRACTS

a. The Contractor shall, as soon as practicable but within sixty (60) days after the signing of the Contract, notify the Vice President for Business and Financial Affairs or his designee in writing of the names of subcontractors proposed for the principal parts of the work and for such others as the Vice President for Business and Financial Affairs may direct and shall not employ any that the Vice President for Business and Financial Affairs may within a reasonable time object to as incompetent or unfit.

b. The Vice President for Business and Financial Affairs shall, on request, furnish to any

subcontractor, wherever practicable, evidence of the amount certified on his account.

c. The Contractor agrees that he is as fully responsible to the Owner for the acts and omissions of his subcontractors and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him.

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29. LAWS, PERMITS AND REGULATIONS

a. The Contractor must comply with all Federal, State, Municipal and Local Laws, ordinances, rules, regulations, orders, permits and licenses applicable to this Contract and to the work to be done under the same. The Contractor shall furnish at his cost and expense, any permits or licenses or certificate of completion and occupancy, necessary to complete the work under this Contract. If the Contractor observes that any of the Contract Documents are at variance therewith in any respect, he shall notify the Engineer or Architect in writing and any necessary changes shall be adjusted by appropriate modification. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules, and regulations, and without such notice to the Engineer or Architect, he shall assume full responsibility therefore and shall bear all cost attributable thereto.

30. OWNER'S RIGHT TO TERMINATE CONTRACT

a. If the Contractor should be adjudicated a bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed in account of his insolvency, or if the Contractor shall abandon the work under his Contract, or fail to refuse to conform with the requirements of the Contract either in workmanship or material, or if any time the Engineer or Architect certifies that the Contractor is willfully violating the conditions of the Contract, or executing same in bad faith, or if the Contractor shall persistently or repeatedly refuse or should fail, except in cases for which an extension of time is granted, to supply adequate plant or a sufficient number of skilled workmen or materials to prosecute the work properly, or if he unnecessarily delays the work, or if he should fail to make prompt payment to Subcontractors or for material or labor, or persistently disregard laws or ordinances or the instructions of the Engineer or Architect, or otherwise be guilty of a substantial violation of any provision of the Contract, then the Contract may be declared null and void, the security forfeited and the materials built into the work shall become the property of the College.

b. The College, through the Vice President for Business and Financial Affairs may thereupon

call upon the surety to complete the Contract as provided for in the bond, or the College, may at its option, proceed to complete the work and any funds retained by the College shall be applied to pay the increased cost of the work.

c. If the Contract is annulled under this article, the Contractor shall not be entitled to any

damages on account thereof nor shall such annulment affect the right of the College to recover against the Contractor or his surety damages which may arise, or extra costs which may be incurred by it as the result of the failure of the Contractor to carry out the terms of the Contract.

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31. CONTRACT SECURITY

a. The successful bidder must deliver to the Owner, within fourteen (14) days from the date of notice of award of Contract, an executed Performance Bond and Labor and Material Bond in an amount at least equal to one hundred percent (100%) of the accepted bid as security for the faithful performance of the Contract. The sureties of all bonds shall be of such surety company or companies as are approved by the Owner, United States Treasury approved, and are authorized to transact business in the State of New York. The Bonds must be approved by the Owner prior to execution of the formal contract.

32. FORMS ENCLOSED

a. Forms enclosed herewith are incorporated in these General Conditions by reference and are made a part hereof to the same extent as though fully set forth herein.

33. CONTRACTOR'S AND SUBCONTRACTOR'S INSURANCE

a. The Contractor shall not commence work under this Contract until he has obtained all the insurance required hereunder and such insurance has been approved by the Owner. The Contractor shall assume all responsibility for the insurance requirements of any applicable subcontract. Approval of the insurance by Owner shall not relieve or decrease the liability of the Contractor hereunder. The Contractor shall furnish to the College certificates of insurance or, upon request, original policies or duplicate original policies evidencing compliance with the insurance requirements. In the event the Contractor does not wish to provide original policies or duplicate original policies, the parties shall agree as to a mutually agreeable time and place for inspection of original policies or duplicate original policies. All certificates issued in support of these requirements must carry positive statements that the specific coverages required are provided. All insurance shall be obtained from companies with an A.M. Best rating of A- or better. All certificates or other evidence of insurance shall provide for the College and the County of Suffolk to be certificate holders and to be notified in writing thirty (30) days prior to any cancellation, nonrenewal or material change.

b. Insurance policies as described below shall be obtained and maintained during the life of this

contract and until final acceptance by the College of the work covered by the Contract:

1) Statutory Workmen's Compensation and Employer's Liability Insurance for all of the Contractor's employees to be engaged in work on the project under this Contract. In case any such work is sublet, the Contractor shall require the Subcontractor similarly to provide Workmen's Compensation and Employer's Liability Insurance for all of the latter's employees to be engaged in such work. This contract shall be void and of no effect unless the Contractor shall secure compensation insurance for the benefit of, and keep insured for the life of the Contract, his employees, in compliance with the provisions of the Workmen's Compensation Law of the State of New York or when applicable, the provisions of the Jones Act and/or U.S. Longshoremen and Harborworker's Act.

2) Commercial General Liability Insurance, including premises and operations, independent

contractors, contractual, broad form property damage, and completed operations

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(completed operations coverage must continue for a minimum of two (2) years after completion of the contract), in an amount not less than Two Million Dollars ($2,000,000.00) combined single limit for bodily injury and property damage per occurrence. Explosion, collapse, and underground property damage (XCU) must be covered in this policy when the work being done involves these hazards.

3) Automobile Liability Insurance, including owned, non-owned, and hired cars, in an

amount not less than One Million Dollars ($1,000,000.00) combined single limit for bodily injury and property damage per occurrence.

4) Owners and Contractors’ Protective Liability (OCP) Insurance, in an amount not less than

One Million Dollars ($1,000,000.00) combined single limit for bodily injury and property damage per occurrence and covering the liability of the County of Suffolk, all its employees, the College and all its employees (including but not limited to the Vice President for Business and Financial Affairs), both officially and personally, with respect to all work under this Contract performed by the Contractor or by his Subcontractors, including omissions or supervisory acts of the County of Suffolk, its employees, the College or its employees.

5) “All Risk” Builder’s Risk Property Insurance, upon the entire project, on which the work

of the Contract is to be done, to One Hundred Percent (100%) of the completed value thereof.

c. The Contractor assumes responsibility for all injury to, destruction of, loss by theft or pilferage

of the Contractor's materials, tools, machinery, equipment, appliances, shoring, scaffolding, false and form work and personal property of his employees, from whatever cause arising.

d. In case any claim or notice for injury or damage to person or property arising out of or in

connection with the performance of this Contract be made against or filed with the County or the College, the Contractor may file with the Suffolk County Comptroller an undertaking executed with such sureties, in such form and for such amount as the Suffolk County Comptroller may prescribe, such undertaking to be conditioned for the payment by such Contractor of any judgment which may be recovered in an action brought upon such claim. Upon filing of such undertaking, the Suffolk County Comptroller shall be authorized to make payments to the Contractor pursuant to the terms of this Contract.

e. If at any time, any of the insurances should be cancelled, not renewed or materially modified

so that insurance is not in effect as required, the County or the College may direct the Contractor to suspend the work. In that event, no extension of time to complete the work shall be granted.

f. The following contract insurance checklist is provided as a guide for insurance submissions:

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CONTRACT INSURANCE CHECKLIST

All coverage must be current and cover the term of the contract

Suffolk County and Suffolk County Community College must be named as additional insureds (not just as Certificate Holders)

General Liability, coverage must be a minimum of $2 million for each occurrence ($2 million for “general aggregate” is NOT sufficient) or the combined coverage of General Liability and Excess Liability for “each occurrence” must be a minimum of $2 million

Auto Insurance $1 million Combined Single Limit

Workers’ Compensation

OCP Owners and Contractor’s Protective Liability not less than $1 million

All Risk Builders in the amount of the project with no deductible

Performance Bond (minimum is the amount of the contract)

Labor and Materials Payment Bond (minimum is the amount of the contract) 34. OWNER'S INSURANCE

a. Owner's Liability Insurance: The Owner may, at his own option maintain such insurance as will protect him from his contingent liability to others for damages because of bodily injury, including death, which may arise from operations under the Contract, and any other liability for damages which the Contractor is required to insure under any provision of the Contract.

b. Owner's Property Insurance: The Owner may, at his own option, maintain property insurance

upon the entire system on which the work of the Contract is to be done to one hundred percent (100%) of the insurable value thereof. Notwithstanding the provision of this paragraph, however, the risk of loss or damage shall be borne by the Contractor until the project has been accepted by the County.

c. Notwithstanding the provision of subparagraphs (a) and (b) above, the risk of loss or damage

shall be borne by the Contractor until the project has been accepted by the College. 35. INDEMNIFICATION

a. The Contractor agrees that it shall protect, indemnify and hold harmless the College and/or the County and its officers, officials, employees, contractors, agents and other persons from and against all liabilities, fines, penalties, actions, damages, claims, demands, judgments, losses, costs, expenses, suits or actions and reasonable attorneys' fees, arising out of the acts or omissions or the negligence of the Contractor in connection with the services described or referred to in this Agreement. The Contractor shall defend the College and/or the County and its officers, officials, employees, contractors, agents and other persons in any suit, including appeals, or at the College and/or County’s option, pay reasonable

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attorney’s fees for defense of any such suit arising out of the acts or omissions or negligence of the Contractor, its officers, officials, employees, subcontractors or agents, if any, in connection with the services described or referred to in this Agreement.

36. GUARANTEE OF WORK

a. Except as otherwise specified, all work shall be guaranteed by the Contractor against defects resulting from the use of inferior materials, equipment or workmanship for one year from the date of acceptance of the Contract; this date shall be determined by the Vice President for Business and Financial Affairs in writing, and all guarantee-warranty unless specifically noted otherwise, shall commence from that date.

b. If, within any guarantee period, repairs or changes are required in connection with the

guaranteed work, which in the opinion of the Engineer or Architect are rendered necessary as the result of the use of materials, equipment or workmanship, which are defective or inferior, or not in accordance with the items or the Contract, the Contractor, shall promptly upon receipt of notice from the Owner and without expense to the Owner: place in satisfactory condition in every particular all of such guaranteed work, correct all defects therein; and make good all damage to the structure or site or equipment or contents thereof, which, in the opinion of the Engineer or Architect is the result of the use of materials, equipment or workmanship which are inferior, defective, or not in accordance with the terms of the Contract; and make good any work or materials or the equipment and contents of structures or site disturbed in fulfilling any such guarantee.

c. In any case, where in fulfilling the requirements of the Contract or of any guarantee embraced

in or required thereby, the Contractor disturbs any work guaranteed under Contract, he shall restore such disturbed work to a condition satisfactory to the Engineer or Architect and guarantee such a condition satisfactory to the Engineer or Architect and guarantee such restored work to the same extent as it was guaranteed under such other Contract.

d. If the Contractor, after notice, fails to proceed promptly to comply with the terms of the

guarantee, the Owner may have the defects corrected and the Contractor and his surety shall be liable for all expense incurred.

e. All special guarantees applicable to definite parts of the work that may be stipulated in the

specifications or other papers forming a part of the Contract shall be subject to the terms of this paragraph during the first year of such special guarantee.

f. These obligations of the Contractor shall be in addition to and not in limitation of any

obligations imposed upon him by special guarantees required by the Contract Documents or otherwise prescribed by law.

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37. MAINTENANCE BOND – NOT REQUIRED FOR THIS PROJECT

a. As a condition precedent to the completion of this Contract, the Contractor shall furnish a maintenance bond of a surety company acceptable to the Owner, in an amount of fifty percent (50%) of the Contract Price to protect the Owner against the results of defective materials, workmanship and equipment for [SPECIFIER FILL IN] year(s) from the date of Substantial Completion. The bond shall be delivered to the Owner as a prerequisite to “Substantial Completion” of Contract Work and shall be in the format provided by the Owner.

b. The surety on the bonds shall be a corporate surety licensed to transact business in the State

of New York and also listed by the United States Treasury Department in its latest list as a qualified surety acceptable to the United States Government. The bonds will not be accepted if the amount exceeds the limit for which the United States Treasury Department has qualified the surety for any one bond, unless the excess is reinsured with surety companies in an amount equal to the amount of the reinsurance. Written evidence of how any excess suretyship has been placed by the surety signing the bond must accompany the bond.

c. In the event the existence of defects in the materials, equipment or workmanship or other

noncompliance with the Contract Documents develops within the maintenance period, the Contractor shall be required to immediately make good and rectify all defects as a prerequisite to the release of the maintenance bond. If the Contractor shall fail or neglect to satisfy the requirement of the Owner with respect to making necessary corrections, then the Owner may proceed to have the Work executed by others. The surety on the maintenance bond shall be liable as guarantor for payment for the costs and expenses of such corrective and remedial work.

d. At the end of the maintenance period, as specified above, the Owner may make or cause to

be made a reinspection of the Work. If the Work is found satisfactory in accordance with the Contract Documents, the Owner will approve the release of the maintenance bond.


a. All contractors shall, if necessary, employ extra help, provide extra equipment, work overtime, expedite deliveries, pay premiums and bonuses or whatever is necessary to keep to schedule and substantially complete the work upon the contract date.

b. If Contractor is delayed at any time in the progress of the work by changes ordered in the

work, by labor disputes, fire, unusual delay in transportation, unavoidable casualties or causes beyond Contractor's control, then the Contract Time shall be extended by Change Order for such reasonable time as the Owner and Engineer or Architect may determine. No delay due to any of the causes listed above, or due to any neglect, omission or delay of the College, or by other Contractor, Engineer or Architect retained by the College, whether in preparation for or performance of the work or otherwise, nor any unreadiness of the site for such performance,

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shall constitute a default on the part of the College, or affect the Contractor's obligations under the Contract Documents or give the Contractor any right to or any claim for damages or claims for delay, acceleration, inefficient or out of sequence work, but in any such case Contractor's sole right and remedy shall be an extension of the Contract Time.

c. No such extension shall be made for any delay occurring more than seven (7) days before

claim therefor is made in writing by the Contractor to the College General Counsel or his designee. Notice of application for such extension shall be filed at least fifteen (15) days prior to the date of completion fixed by the terms of the Agreement.

d. The permitting of the Contractor to proceed to complete any work or any part of it after the

date of completion or after the date to which time for completion may have been extended, shall in no way operate as a waiver on the part of the Owner of any of its rights hereunder.

39. TEMPORARY OCCUPANCY AND OPERATION

a. The Contractor shall arrange for partial or complete occupancy or the operation of the apparatus prior to final acceptance when such arrangement is stipulated in the Contract or when directed by the Engineer or Architect. The Owner shall have the right to occupy the building and to operate the apparatus but this will not constitute acceptance of such work. Notice of intention to occupy any portion of the work or the whole shall be given by the Owner, through the Engineer or Architect, at least fifteen (15) days before such occupancy shall begin unless such intention is stipulated in the Contract.

b. The temporary or trial usage by the Owner of any mechanical device, machinery, equipment,

or any work or materials supplied under this Contract before final completion and written acceptance by the Engineer or Architect shall not be construed as an evidence of the acceptance of same. The Owner shall have the privilege of such temporary and trial usage for such reasonable length of time as the Engineer and Architect shall deem proper for making a complete and thorough test of same; and no claim for damage shall be made by the Contractor for the injury to or breaking of any parts of such work which may be caused by weakness or inaccuracy of structural parts or by defective materials or workmanship. If the Contractor so elects, he may at his own expense employ a competent person or persons satisfactory to the Engineer or Architect, to make such trial usage. The trial shall be under the supervision of the Engineer or Architect.

c. The Owner, through the Engineer or Architect, reserves the right at all times to deliver, place

and install furnishings, etc., as the work progresses, as long as there is no interference with the Contractor. Such preliminary occupancy shall not be construed as acceptance of such occupied portions of the building.

d. The Contractor shall cooperate with all other Contractors working on the site and shall

ascertain from representatives of the same as to space requirements, access and details of equipment and installation.

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40. LIQUIDATED DAMAGES – NOT REQUIRED FOR THIS PROJECT

a. Liquidated damages in the sum ------- and as further defined in this section, will be assessed against the Contractor for EACH consecutive calendar day of non-excusable delay in the completion of the Work as provided for in the Contract Documents.

b. Inasmuch as the damage and loss to the Owner which will result from a failure by the Contractor to complete the Work within the period specified, or extended as herein provided, are difficult to compute accurately but may include interest on moneys borrowed for construction, additional engineering, legal and auditing costs, inspector’s wages, loss from the inability of the Owner to enter into possession, inconvenience to the public resulting from the unavailability of the public improvement, the damages to the Owner for delay in case of such failure on the part of the Contractor under the Contract shall be liquidated in the sum as stipulated in Section 40(a) of these General Conditions for each consecutive calendar day (Sundays and holidays included) in excess of the time specified, the intent being to compute separately the per diem liquidated damages with respect to each contract. The Owner is fully authorized and empowered to deduct and retain the amount of all damages determined as hereinafter stipulated for each calendar day that the Contractor is late in completing the Work, from any moneys due or to become due to the Contractor under the provisions of the Contract, at any time after such damages are so incurred. In the event such damages exceed the amount of all moneys due or to become due, the Contractor or his surety shall pay the balance to the Owner.

c. The Contractor waives any objection as to the reasonableness or validity of this provision,

and hereby acknowledges that said provision constitutes a reasonable forecast of the actual harm that the County may sustain as a result of a delay in the work.

d. Liquidated damages for multiple or concurrent contracts are computed and assessed

separately for each contract.

e. For each calendar day that any work shall remain uncompleted after the contract date specified for the completion of the Work provided for in the Contract, the sum specified in the Contract will be deducted from any money due the Contractor, not as a penalty but as liquidated damages provided however that due account shall be taken of any adjustment of the Contract time for completion of the Work as provided for elsewhere in these General Conditions.

f. The Engineer will recommend to the Owner the number of calendar days that the

Contractor is late in completing the Work under this Contract. The decision of the Owner shall be final in the case and shall be binding and conclusive upon all parties to the Contract.

g. If for any reason the Contractor discontinues, abandons or renounces the Work on this

Project, the Owner shall be fully authorized and empowered to deduct and retain the amount of any damages previously stipulated for each calendar day that the Contractor shall be delayed in completing the Work. In the event the Owner obtains another

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Contractor to finish the work, the amount to be deducted shall be the liability of the Contractor or his Surety as previously stipulated. The damages shall be measured from the stipulated completion date until the date the Work is Substantially Complete.

41. OWNER'S RESPONSIBILITY AND JOB MEETINGS

a. Owner will be directly represented on the job by a Resident Engineer, Architect, Clerk of the Works or some other person or persons officially designed by the Owner. He shall have full authority to stop work of any kind at any time pending final decision by the Engineer or Architect and Owner. He may not, however, authorize deviations from the Contract Documents, expedite Contractor's work, approve shop drawings or samples.

b. The Contractor or his Foreman or Superintendent shall meet periodically as directed by the

Engineer or Architect at scheduled meetings with representatives of the Owner, Engineer, or Architect for the purpose of expediting and coordinating the work.

42. SUBSTITUTIONS

a. Substitutions or Approvals - General

1) The words "similar and equal to," "or equal," "equivalent" and such other words of similar content and meaning shall for the purposes of this Contract be deemed to mean similar and equivalent to one of the named products. For the purposes of subdivisions a, b, and c of this Section, the word "products" shall be deemed to include the words "articles," "materials," "items," "equipment," and "methods." Whenever in the Contract Documents one or more products are specified, the words "similar and equal to" shall be deemed inserted.

2) Whenever any product is specified in the Contract Documents by a reference to the name,

trade name, make or catalog number of any manufacturer or supplier, the intent is not to limit competition, but to establish a standard of quality which the Engineer or Architect has determined is necessary for the project. A Contractor may at his option use any product other than that specified in the Contract Documents provided the same is approved by the Engineer or Architect in accordance with the procedures set forth in subdivisions (b) and (c) of this section. In all cases the Engineer or Architect shall be the sole judge as to whether a proposed product is to be approved and the Contractor shall have the burden of proving the equivalency at his own cost and expense, to the satisfaction of the Engineer or Architect.

3) Substitutions of equipment, appliances or materials other than those indicated on the

drawings or in the specifications shall be submitted to the Engineer or Architect in a written report, giving a complete breakdown, analysis and comparison (including cost), between the substitution and the original items equipment, materials, etc. specified. No consideration of substitution will be made without this breakdown. The expense of preparing the report and comparison will be the expense of the Contractor.

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4) Where the Contractor proposes to use an item of equipment other than that specified or

detailed on the drawings which requires any redesign of the structure, partitions, foundations, piping, wiring or any other part of the Mechanical, Electrical and/or General layout, all such redesign and all new drawings and detailing required, therefore, shall be prepared by an Engineer or Architect licensed in the State of New York and all fees paid for by the Contractor.

5) Any structural change or substitution involving a change of design, layout, materials

requiring any redesigning, the new drawings, details, design, etc., required shall be prepared by an Engineer or Architect licensed in the State of New York. Fees and/or charges for this work will be paid for by the Contractor.

b. Substitutions or Approvals Prior to Bidding

1) Should any bidder wish to base his proposal on a product not named in the Contract

Documents, he shall have the privilege of making a written request to the Engineer or Architect for the latter's approval of the proposed substitution. Such request shall be delivered to the Engineer's or Architect’s office on or before seven (7) calendar days prior to the hour and day set for the opening of bids and shall be submitted with a complete description of the proposed substitution and name of the product for which it is to be substituted together with manufacturer's literature, specification drawings, cuts, performance and test data and other information pertinent to consideration of the proposed substitution.

2) Request for approval of proposed substitutions will be received only from the Contractor

and not from subcontractors, vendors, material dealers or manufacturer's representatives.

3) If any proposed substitution shall receive the Engineer's or Architect’s approval or if the Engineer or Architect shall decide to enlarge the scope of the Contract Documents, such approvals or additional information will be set forth in an addendum which shall be issued a minimum of five (5) calendar days prior to the day set for the opening of bids.

4) All bids are to be based upon products specified in the Contract Document or approved

by addendum by the Engineer.

c. Substitutions or Approvals After Bidding

1) Since all bids are based upon products specified or approved by the Engineer or Architect prior to bidding, the Engineer or Architect will not consider proposed substitutions after bidding except in such cases where it is necessary to make a substitution because of strikes, lockouts, bankruptcies, discontinuance of a named product or inability to obtain delivery to the job in time to complete the work in proper sequence because of conditions beyond the control of the Contractor. Request for such proposed substitutions after bidding shall be made in writing to the Engineer or Architect, and shall be made within

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seven (7) calendar days of the date that the Contractor ascertains he cannot obtain the named product.

2) In addition to the foregoing, the Engineer or Architect will also consider proposed

substitutions after bidding if the proposed substitutions in the opinion of the Engineer or Architect, is superior to the named product or if the proposed substitution is equal to the named product and the Owner is given a credit acceptable to it for the proposed substitution.

43. LIABILITY OF THE OWNER

a. This Contract shall be deemed executory to the extent of the monies available, and no liability shall be incurred by the Owner beyond the monies available for the purpose.

44. HOURS AND WAGES

a. All those in the employ of the Contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by this Contract shall work in accordance with the Labor Law of the State of New York, Article 8 Section 220. The Contractor's attention is specifically directed to this Section of the Labor Law for other provisions that might apply to the Project except in cases of extraordinary emergency including fire, flood or danger to life or property.

45. DISCRIMINATION IN EMPLOYMENT

a. In accordance with Section 220-e of the Labor Law of the State of New York, it is agreed that:

1) In the hiring of employees for the performance of work under this Contract or any subcontract hereunder, no Contractor, subcontractor, nor any person acting on behalf of such Contractor or subcontractor shall by reason of race, creed, color, disability, sex or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates;

2) No Contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this Contract on account of race, creed, color, disability, sex or national origin;

3) There may be deducted from the amount payable to the Contractor a penalty of fifty

dollars for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the Contract;

4) This Contract may be cancelled or terminated by the College, and all monies due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the Contract; and

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5) The aforesaid provisions of this section shall be limited to operations performed within the territorial limits of the State of New York.

46. PREFERENCE IN EMPLOYMENT

a. This Contract shall be void if preference in employment is not given to residents of New York State, in accordance with the provisions of Section 222 of the Labor Law of the State of New York.

47. DUST HAZARDS

a. This contract shall be void if the Contractor fails to install, maintain, and effectively operate appliances and methods approved by the Board of Standards and Appeals for the elimination of harmful dust when a harmful dust hazard is created, in accordance with Section 222-a of the Labor Law of the State of New York.

48. PROVISIONS OF LAW

a. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein.

b. Invalid Clauses: If any provision of this Contract shall be such as to destroy its mutuality or

to render it invalid or illegal then, if it shall not appear to have been so material that without it the Contract would not have been made by the parties, it shall not be deemed to form part thereof but the balance of the Contract shall remain in full force and effect.

49. UNIT PRICES

a. Unit prices, as established in the bid form, submitted by the Contractor as his proposal, shall be used as a basis for additional payment to the Contractor or credit to the Owner for additional or less work authorized of the nature included in said list of unit prices.

50. TAXES

a. The Contractor shall pay all sales, consumer use and other similar taxes required by law. However, the College is a tax exempt organization so that tangible personal property purchased by the Contractors, Subcontractors, and repairmen becoming an integral component part of the real property of any College project, shall be exempt from New York State, local sales & use taxes.

51. CASH ALLOWANCES

a. Each Contractor shall include in the Contract Sum all allowances named in the Contract Documents and shall cause the work so covered to be done by such Contractors and for such

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sums as the Engineer or Architect may direct, the Contract Sum being adjusted in conformity therewith.

b. Funds will be drawn from allowance accounts only upon prior approval by the Owner.

c. Funds remaining in allowance accounts will be credited to the Owner.

d. Each Contractor will furnish an itemized breakdown of the quantities and prices used in

computing the value of any allowance that might be ordered.

e. The amount allowed for overhead and profit shall not exceed the applicable percentages as established in Section 17 (c) of these General Conditions.

52. LIENS

a. The amount stated in the notice of lien, plus 9 percent of the lien, will be deducted from the current payment due the Contractor. This sum will be withheld until the Lien is discharged.

53. PUBLIC DISCLOSURE

a. The verified public disclosure statement required by Suffolk County Administrative Code Section A5-7 shall include:

1) A complete list of the names and addresses of those individual shareholders having more

than five percent (5%) interest in the firm.

2) The table of organization for the company shall include the names and addresses of all partners and all corporate officers. The Contractor or vendor shall conspicuously identify any such person in this table of organization who is an officer or an employee of Suffolk County or the College.

3) A complete financial statement listing all assets and liabilities as well as a profit and loss

statement, certified by a certified public accountant. Such statement shall be the most current available and in no event shall have been prepared more than six months prior to the date of the filing of the bid.

a. Remedies - The failure to file a verified public disclosure statement as required under this

Local Law shall constitute a material breach of contract. The College may resort, use or employ any remedies contained in Article II of the Uniform Commercial Code of the State of New York. In addition to all legal remedies, the College shall be entitled, upon a determination that a breach has occurred, to damages equal to fifteen percent (15%) of the amount of the Contract.

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54. ASBESTOS

a. All Contractors shall comply with all OSHA standards pertinent to the use of or the removal and disposal of all materials containing asbestos.

55. WORKING HOURS, HOLIDAYS AND OVERTIME

a. The work week for the Owner and his staff shall be Monday through Friday and begin at 7:00 A.M. and end at 4:00 P.M. If the Contractor wishes to prosecute any portion of the work beyond the Owner's hours, he shall first obtain permission from the Owner, notifying him each time in advance, giving him ample time for his representative to be present.

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WAIVER OF PUBLIC IMPROVEMENT LIEN

General Conditions Attachment 1

To All Whom It May Concern: In Consideration of the project total contractual sum of Dollars, And other valuable consideration in hand paid, the receipt whereof is hereby acknowledged, the under-signed does hereby waive, release, and relinquish any and all liens or claims, or right of lien or claim, for labor or materials, or both, furnished to date hereof, for premises known and described as: Building & Project No. Campus of County of State of Witness the hand and seal given this day Of 20 , (Sign) (Firm’s Name) (Trade ) By (Authorized Agent)

Acknowledgement

STATE OF_____________________) ) SS.: COUNTY OF __________________) On the day of , in the year , before me, the undersigned, personally appeared , personally know to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. ________________________________________________ (Signature and office of individual taking acknowledgment)

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SATISFACTION OR RELEASE OR DISCHARGE OF LIEN ON PUBLIC IMPROVEMENT (See Lien Law § 21(1))

General Conditions Attachment 2

TO: COMPTROLLER OF THE COUNTY OF SUFFOLK EXECUTIVE DIRECTOR OF FACILITIES OF SUFFOLK COUNTY COMMUNITY COLLEGE and TO WHOM IT MAY CONCERN:

, a New York corporation, having its

principal office at does hereby certify that a certain public improvement mechanic’s lien filed with the Comptroller of the County of Suffolk and the Executive Director of Facilities of Suffolk County Community College, on or about the day of , , against monies due or to become due to the contractor, , from the County of Suffolk and Suffolk County Community College, for the sum of $ claimed against the contractor, , for monies due or to become due from the County of Suffolk and Suffolk County Community College, under a certain contract for a public improvement for at , Contract No. , Comptroller’s No. , for Suffolk County Community College, is satisfied [or released] and the undersigned does hereby consent that said Lien be discharged of record. IN WITNESS WHEREOF, the undersigned has executed this instrument on this day of , . [Name of Lienor] By: ____________________________ Authorized Officer Acknowledgment STATE OF_____________________) ) SS.: COUNTY OF __________________) On the day of , in the year , before me, the undersigned, personally appeared , personally know to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. ________________________________________________ (Signature and office of individual taking acknowledgment)

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SUPPLEMENTARY AND SPECIAL CONDITIONS INDEX TO SUPPLEMENTARY AND SPECIAL CONDITIONS 1. TIME OF COMPLETION 2. INTENT 3. ORAL INSTRUCTIONS 4. ALTERNATES 5. WORKMANSHIP 6. POSSESSION AND RESPONSIBILITY 7. MUTUAL RESPONSIBILITY OF CONTRACTORS 8. COOPERATION AND COORDINATION 9. ACCESS AND EGRESS 10. OPERATIONAL AREAS 11. JOB SIGNS – Not Required 12. PROGRESS PHOTOGRAPHS – Not Required 13. WATCHMAN SERVICE – Not Required 14. SNOW REMOVAL 15. PUMPING 16. TEMPORARY FIELD OFFICE – Not Required 17. TEMPORARY FACILITIES 18. TEMPORARY LIGHT AND POWER 19. WATER FOR BUILDING WORK 20. TEMPORARY HEAT 21. SCHEDULE OF INTERIOR FINISH 22. COLORS AND FINISHES 23. CUTTING AND PATCHING 24. OPENINGS AND CHANNELS 25. EXCAVATION, BACKFILLING AND RESURFACING 26. CEILING AND LIGHT FIXTURE REMOVALS 27. SALVAGE 28. VERMIN AND NOISE CONTROL 29. WATERPROOFING 30. ELECTRICAL EQUIPMENT 31. CONNECTIONS TO EQUIPMENT 32. QUIET OPERATION 33. EQUIPMENT SERVICING 34. GUARANTEE-WARRANTY 35. OPERATING AND MAINTENANCE INSTRUCTIONS 36. DAMAGE 37. CLEANING 38. TESTS 39. NEW YORK STATE LABOR RATES



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a. It is intended that the work under this contract shall be substantially completed by August 7, 2020. Final completion is anticipated to be on or before February 5, 2021.

2. INTENT

a. It is the intent of the contract drawings and these specifications to provide a complete and operative system. Whether shown on the contract drawings and/or included in the specifications or not, the Contractor shall furnish and install all material, equipment and labor usually furnished with such systems, unless specifically excluded in these specifications.

b. Real or apparent discrepancies between any drawings and/or specifications and the parts thereof; any omissions of detail, materials and/or appurtenances normally required with such systems or items that are open to possible variations of interpretation shall be referred to the Owner, Engineer and Architect for clarification before submitting a bid. In the event of failure on the part of the Bidder to request such clarification before submitting a bid, it shall be assumed that the Contractor has based his bid on supplying and installing all such omissions; or, where a discrepancy on matter of interpretation exists, that his bid was based on preparing the work in the most expensive manner.

3. ORAL INSTRUCTIONS

a. Unless confirmed in writing, neither the Owner nor the Engineer or Architect will be responsible in any way for instructions or answers to inquiries, regarding the intent or meaning of the contract documents, whether supplied by themselves, their employees, or other representatives.

4. ALTERNATES

a. The Owner reserves the right to award the contract based upon the inclusion or exclusion of one or more alternate proposals.

5. WORKMANSHIP

a. The Contractor shall be required to furnish the highest grade of workmanship, using tradesmen skilled in the various disciplines necessary to complete the work.

6. POSSESSION AND RESPONSIBILITY

a. Upon commencement of the work, the Contractor shall be responsible thereafter, until completion, for management, care and maintenance of project area and shall be solely responsible for damage to or on account of the execution of the Contract, and he shall adjust all claims or suits accruing therefrom, without loss, expense or annoyance to the Owner. All Subcontractors shall cooperate with the Contractor in his control of the project area, and work



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of the Subcontractors shall be coordinated with that of the others.

b. The Contractor shall be responsible for the protection of all glass and glazing through the project until such time as the project is substantially completed and has been accepted by the Owner as such. He may, at his own option, maintain insurance upon this part of the work, with the loss, if any, to be made adjustable with and payable to the Owner as trustee for the insured and the Contractor and Subcontractors, as their interests may appear, or he may assume the responsibility for the entire value of this part of the project himself. In no event, however, will the Owner be liable for any costs incurred for replacement or repair of any glass or glazing for any reason whatever, until such time as the project has been substantially completed and accepted.

7. MUTUAL RESPONSIBILITY OF CONTRACTORS

a. Should the Contractor or his employees cause damage to or upon any other Subcontractor's work, the Contractor agrees, upon due notice, to settle with such parties and make good all damage. If such other Subcontractor sues the Owner on account of any damage alleged to have been so sustained, the College will notify the Contractor, who shall defend such proceedings and should any judgment be obtained against the Owner, the Contractor shall satisfy such judgment and pay all costs incurred by the Owner.

b. The Contractor and his Subcontractors shall not employ on the work any labor, materials or means whose employment or utilization during the course of this contract, may tend to or in any way cause or result in strikes, work stoppages, delays, suspension of work or similar troubles by workmen employed by the Contractor or his Subcontractor, or by any of the trades working in or about the buildings and premises where work is being performed under this contract, or any other contract, or by other Contractors or other Subcontractors pursuant to other contracts, or on any other building or premises owned or operated by the County of Suffolk. Any violation by the Contractor of this requirement may, upon certification of the Vice President for Business and Financial Affairs, be considered as proper and sufficient cause for canceling and terminating the contract.

c. When any work to be performed on a County project requires a County license, i.e. plumber, electrician, the Contractor shall be required to have such a license.

d. Whenever the provision of any section of the specification may conflict with any agreements or regulations of any kind in force among the members of any trade association, union or council which regulates or distinguishes what work shall or shall not be included in the work of any particular trade, the Contractor shall make all the necessary arrangements of his own to reconcile any such conflict or provisions without recourse to the Engineers, Architect or Owner.

e. Each and every provision of any law and clause required by law to be inserted in this contract shall be deemed to be inserted herein, and the contract shall be read and enforced as though it were included therein, and if through mistake or otherwise any such provision is not inserted,



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or is not correctly inserted, then upon the application of either party, the contract shall forthwith be physically amended to make such insertion.

8. COOPERATION AND COORDINATION

a. All work to be done on the existing structures or grounds or any other work which might affect the operation of the existing structures or grounds shall be done at the convenience of the Owner. The Engineer or Architect and Owner shall be notified of this work in sufficient time so that the proper arrangements may be made.

b. The Contractor, before commencing work, shall arrange a program of work operation to the satisfaction of the Engineer or Architect and Owner.

c. The Contractor and all Subcontractors shall coordinate their work with all adjacent work and shall coordinate with all other trades so as to facilitate the general progress of the work; also to assure correctness and avoid the possibility of accidents to persons and/or damage to property.

d. The Contractor shall lay out and install his work at such time or times and in such manner as to facilitate the general progress of the project.

e. It is agreed that in the event of any dispute arising as to possible or alleged interference

between the various Subcontractors which may retard the progress of the work, the same shall be adjusted by the Engineer or Architect. His decision as to the manner in which the matter may be adjusted shall be binding and conclusive on all parties.

f. Each trade shall afford all other trades every reasonable opportunity for the installation of their

work and for the storages of their materials.

g. If, in the judgment of the Engineer or Architect, it becomes necessary at any time during the progress of the work to accelerate the work at any particular location, the Contractor or Subcontractor, when ordered or directed by the Engineer or Architect, shall transfer his men to such location or locations and execute such portion of his work as may be required to enable others to hasten and properly engage and carry on their work.

h. No ceilings are to be installed until openings around pipes and ducts have been tightly sealed and inspected.

9. ACCESS AND EGRESS

a. The Contractor shall maintain unobstructed entrance and exit to and from area of construction. Parking of worker's cars shall be confined to the area of operations, unless otherwise permitted.

b. The Contractor, for trucking purposes and for entrance of workers to the site, will be required



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to use road or roads designated by the Engineer or Architect.

c. Provide, erect and maintain all fences, planking, bridges, bracing, shoring, sheet piling, lights, barricades, warning signs and guards as necessary to insure the safety of the workers and the public and required by jurisdictional codes.

d. Remove all protections and the like when the work is completed and when authorized to do so by the Engineer or Architect.

10. OPERATIONAL AREAS

a. The Contractor's shanties, storage sheds and operational areas shall be located in areas designated on the drawings and/or as directed by the Engineer or Architect.

11. JOB SIGNS – NOT REQUIRED

a. If approved by the Engineer or Architect, the Contractor shall provide a neat sign on his shanty or trailer.

b. Building Sign: The Contractor shall provide, where directed, one outdoor sign, approximately

8'2" x 5'6" of appropriate design, lettered with text as directed by the Engineer or Architect. The Contractor shall be responsible for the maintenance of the sign for the duration of the construction and at the completion thereof, he shall remove the sign from the premises. The Engineer or Architect will provide the Contractor with a sketch of the sign lettering and will designate the location.

c. Note that no other sign will be permitted on the project.

12. PROGRESS PHOTOGRAPHS –NOT REQUIRED

a. The day the construction is started and with each monthly application for payment, or at a frequency determined by the Owner, the Contractor shall have photographs made and submitted in duplicate as directed by the Engineer or Architect, to show the progress of the work. Photographs shall be either electronic or 8" x 10", mounted on linen and be provided with a binding edge. All photographs shall be numbered and labeled with the date, location and project number.

13. WATCHMAN SERVICE – NOT REQUIRED

a. The Contractor shall provide the services of a Watchman during all nonworking hours from the time the Owner's equity in the project starts (i.e. when the Owner's Fire and Extended Coverage commences or when directed by the Engineer or Architect) until acceptance by the Owner. The provision of a Watchman does not relieve the Contractor from the responsibility of protecting his own work, materials and equipment.



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14. SNOW REMOVAL a. The Contractor shall promptly remove from the site, any snow that may interfere with

progress of work and move such snow to a location on premises as approved by the Engineer or Architect.

15. PUMPING

a. The Contractor, as a part of his contract, shall maintain such pumping and other equipment as may be required to keep the work in a safe, dry condition at all times.

16. TEMPORARY FIELD OFFICE - NOT REQUIRED

a. The Contractor shall provide and maintain in the vicinity of the site, a suitable private office to be used by the Contractor for project supervision, document storage and project meetings. The office shall be provided with an outside door, convenience outlets and electric lights, heat, windows for cross ventilation, and adequate padlock. A separate telephone shall be installed in this office. The Contractor shall pay for all telephone charges, fuel, electric and other incidental costs.

b. The building shall be of substantial frame, weathertight walls and roofs and with minimum of

7'-6" ceiling height.

c. In lieu of the building specified, comparable space in a trailer may be substituted, providing the trailer is adequately furnished and equipped and suitable for the use intended.

d. At the termination of the contract work, the Contractor shall remove all furnishings and

equipment from the site.

e. Business Office: The Contractor shall maintain a business office at his regular place of business with telephone service from 9:00 A.M. to 5:00 P.M. on all working days.

f. The Owner may, if feasible, provide suitable space within the construction area in lieu of

requiring the Contractor to provide a temporary field office. The Owner is not required to provide this space.

17. TEMPORARY FACILITIES

a. Stairs and Hatchways

1) The Contractor shall provide and maintain substantial temporary plank stairways or ramps with handrails and guard connections with every floor of construction, guard rails to all hatchways and/or openings at the various floor levels and temporary planks securely fastened to steel under treads of stairs for the protection of stair nosing.



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b. Partitions

1) The Contractor shall provide and maintain a substantial temporary partition where indicated on the drawings. This temporary partition shall be constructed of 2 x 4 wood or 20 gauge steel studs spaced 16" o.c. with 3/8" plywood on one side, or as specified in the Drawings and Technical Specifications. All partitions shall meet the minimum fire rating specified by the Suffolk County Fire Marshal’s Office. Partitions shall be taken down and removed from site at completion of the contract work.

c. Ventilation

1) During construction and up to the date of final acceptance, the Contractor shall be

responsible for and pay for all labor required for the opening and closing of windows and doors as may be necessary for the drying out of plaster and/or finished work and to keep rain and snow out of the building. In case the Contractor shall fail to make satisfactory arrangements for the performance of this item of the work, the Owner shall have the right to have same done at the Contractor's expense.

d. Storage Sheds

1) The Contractor shall erect ample storage shed space for the building materials requiring

shelter from the weather and locate same to make the best use of the space available on the property. Where street space is used, he shall secure the necessary permits and conform to all local requirements. Upon completion and conclusion of contact work, the Contractor shall take down and remove all temporary field structures built and used by him and restore the site occupied by same to the satisfaction of the Engineer or Architect. The Owner may, if feasible, provide suitable space within the construction area in lieu of requiring the Contractor to provide storage sheds. The Owner is not required to provide this space.

e. Telephone Service

1) The Contractor shall outfit project personnel with cellular phones such that the Engineer

or Architect and Owner may contact personnel while they are on the job site. Contractor shall provide the Owner and Engineer or Architect with the appropriate contact information and phone numbers.

f. Sanitary Arrangements

1) The Contractor shall post notices, take such precautions as may be necessary, remove any

excrement deposited in or about the building and do any cleaning necessary to keep the building and premises in a sanitary condition or as may be directed by the Engineer or Architect.

2) Adequate sanitary facilities shall be maintained until the completion of the work, shall be



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maintained in a sanitary condition and same removed and all its contents at the completion of the work and when directed by the Engineer or Architect. The Owner may, if feasible, provide and designate existing sanitary facilities for use by Contractor. The Owner is not required to provide these facilities.

18. TEMPORARY LIGHT AND POWER

a. The Electrical Contractor shall provide all temporary light and power as specified for all trades. If there is no Electrical Contractor, the General Contractor shall make these provisions.

19. WATER FOR BUILDING WORK

a. For all water required for the work under the contact, the Plumbing Contractor shall furnish the required number and proper lengths of hose, make the proper connections to the hose outlet, guard against all waste water, and shall be responsible for all damage to his own work or the work installed by all Subcontractors and damage to any part of the building, finish or other materials.

20. TEMPORARY HEAT

a. During the period of construction, the Mechanical Contractor shall be responsible for the temperature conditions of the construction. If there is no Mechanical Contractor, the General Contractor shall be responsible. Temperature requirements of the various trades shall be maintained. Ventilation and temperatures shall be uniform to prevent shrinkages, cracking or swelling of floors, trim and other work.

b. A minimum temperature of 65o F shall be maintained throughout all rooms and spaces where

the finishing trades (carpentry, cabinet work, floor covering, painting and decorating) are at work. At all times while work is in progress, a minimum temperature of 50oF shall be maintained for 24 hours a day, seven days a week if required.

c. A temperature shall be maintained at all times throughout buildings for comfortable working

conditions, to prevent harmful effects of low temperature and to dry out and keep the work dry until it is completed and accepted by the Owner.

d. All necessary precautions shall be taken by the General Contractor to close up all exterior

openings either by permanent glazed windows and doors or by adequate and approved temporary closures.

e. Until use of the heating system of the building is made available, when temporary heat is

required, the Mechanical Contractor shall provide heat by other methods approved by the Engineer or Architect. The temporary heating system shall comply with the regulation of all authorities having jurisdiction over same; and the system shall not cause smudge, defacement or discoloration of finished work, nor shall it be injurious or harmful to the workers. Open salamanders shall not be used without specified approval of the Engineer or Architect. All



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costs in connection therewith shall be borne by the Mechanical Contractor. 21. SCHEDULE OF INTERIOR FINISH

a. The Schedule of Interior Finish is for the general information and convenience of the Subcontractors and is to be used in conjunction with the specifications, the drawings, and details.

b. When materials or finishes are covered by the general requirement in the body of the

specifications, they are not necessarily repeated in the Schedule.

c. Materials and finish shall be as listed in the Schedule, specified in the body of the specifications, shown on the drawings or as detailed. If no material or finish is definitely called for, it shall be the same as similar rooms in other parts of the building used for a similar purpose as determined by the Engineer or Architect. If materials in Schedule vary from that specified, they shall be of material and finish best suited for the respective room or space as determined by the Engineer or Architect.

22. COLORS AND FINISHES

a. Aluminum and other work in several sections of the specifications require color and anodizing, etc. It is the intent of these specifications that all color, anodized aluminum work of the various trades shall match as to shade, texture, appearance and quality. It shall be the responsibility of the Contractor to coordinate this work in such manner so as to achieve this, to the satisfaction of the Engineer or Architect.

23. CUTTING AND PATCHING

a. The Contractor shall do all cutting and fitting in connection with his work that may be required to make its several parts come together properly and fit to receive or be received by work of Subcontractors as shown upon or reasonably implied by the drawings and specifications for the completed structure.

b. No Contractor or Subcontractor, however, shall do any cutting that will impair the strength of

the construction and shall report to the Engineer or Architect any cutting requested by other Contractors or Subcontractors that they consider too extensive or that will impair the strength of the construction. The size, location, etc. of items requiring an opening, chase or other provisions to receive it in any branch of the work, shall be given by the Contractor or Subcontractor requiring same, in ample time to avoid cutting.

c. This will not relieve any Contractor or Subcontractor from keeping informed as to such

openings, chases, etc., nor from joint responsibility with such other Contractors or Subcontractors for correctness thereof, nor for cutting and making good after the work is in place. Should any construction be installed in other than regular and usual working hours (overtime or otherwise) or if on account of strikes, other trades are not at work, then due notice



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shall be given all Contractors and Subcontractors interested, or entire responsibility shall be assumed by the Contractor or Subcontractor installing the work for any cutting needed in any work so installed.

d. If through neglect of any Contractor or Subcontractor to give required information with regard

to cutting of the work of other trades in ample time to prevent unnecessary work, or if, through the delay or mistake of any Contractor or Subcontractor, it is necessary to do any additional amount of cutting or replacing of the work, the Contractor or Subcontractor requiring the cutting shall pay the Contractor or Subcontractor for such cutting and all necessary patching and repairing in connection with this additional cutting. The Contractor or Subcontractor shall not endanger any work by cutting, digging or otherwise, and shall not cut or alter the work of any Contractor or Subcontractor save with the consent of the Engineer or Architect.

e. All required cutting, patching and restoring shall be neatly done by mechanics skilled in their

trades, and to the satisfaction of the Engineer or Architect.

f. All work that may be cut, damaged, disturbed or otherwise interfered with during the progress of the work of the various trades shall be fully, properly and carefully patched, repaired and made good in a first-class manner by the Contractor and is to be satisfactorily approved by the Engineer or Architect.

g. The Contractor shall leave all the work of his contract whole, complete and perfect at the final

completion of the building without extra charge. 24. OPENING AND CHANNELS

a. Contractors and Subcontractors shall be responsible for the actual location in the field of all sleeves, openings, holes, chases, equipment, etc. Should the Contractor or Subcontractor neglect or improperly locate these chases, openings, holes, sleeves, etc. and should extra cutting, patching and steel framing be required to properly install his work, the cutting, patching, framing and permanent closing of openings shall be done by the Contractor or Subcontractor.

25. EXCAVATION, BACKFILLING AND RESURFACING

a. The Contractor shall do all excavation, backfilling and resurfacing both interior and exterior, as required for the purpose of completing the work of his contract.

b. The Contractor shall be responsible at all times for the carrying out of all excavation

operations in a safe and prudent manner so that workmen, College personnel and the public are protected from hazard. All applicable local, State and/or Federal regulations shall be observed and necessary permits shall be acquired by the Contractor at his own expense. The Contractor shall perform his excavation work in accordance with New York State Department of Labor Industrial Code 23 and Title 29, Code of Federal Regulations, Part 1518 Safety and Health Regulations for Construction. Where a difference exists between regulations, the more



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stringent requirements shall apply. In general, sheet piling shall be furnished and installed by the Contractor wherever an excavation exceeds five feet in depth and the side slopes cannot be maintained without support at a safe gradient under Industrial Code Rule 23. The Contractor shall install temporary barriers and provide lighting around any excavation area so that it is easy to identify and avoid.

c. Pursuant to New York State Department of Labor Industrial Code Rule #53, an excavator

must notify all operators of existing underground facilities (the New York Telephone Co., LILCO and the Suffolk County Department of Parks). This notice must be given ten (10) days prior to work so that facilities can be marked in the field to avoid damage. Any Contractor responsible for excavation and/or utility mark-outs shall install metal tape over all exposed underground utilities such that these utilities will be easily identified in the future. All exposed utilities shall be added to the ‘As-Built’ drawings by the Contractor.

26. CEILING AND LIGHT FIXTURE REMOVALS

a. The Contractor shall be responsible for and shall pay for removal and reinstallation of ceiling and/or light fixtures as necessary to complete his work. Damaged parts shall be replaced with new to match existing.

27. SALVAGE

a. Materials or equipment, including fixed and/or portable shall be removed and/or relocated as indicated on the drawings or specified herein. Any materials or equipment designated to be retained by the Owner shall be removed to a designated space. All materials or equipment not desired to be retained by the Owner shall be removed from the site and disposed of legally by the Contractor.

28. VERMIN AND NOISE CONTROL

a. Each Contractor shall seal his penetrations through walls, floors and footings to prevent the passage of vermin and noise.

b. Seals shall be made by means of rock wool or other approved inorganic and noncombustible

material. 29. WATERPROOFING

a. Before penetrating any watertight surface, the Contractor shall submit a detail for approval. The Contractor shall furnish and install all necessary sleeves, caulking and/or flashing required to make openings absolutely watertight.

30. ELECTRICAL EQUIPMENT

a. All electrical equipment supplies and work performed under the contract shall conform in all



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respects to the requirements of the Board of Fire Underwriters, and shall have characteristics to conform to the service being supplied as outlined in the Specifications and on the Drawings.

b. The Contractor shall supply all controls, switches, starters and all other devices required for

the proper operation of his equipment.

c. All power supply wiring, including connections to equipment, shall be done by the Contractor, unless otherwise called for in this specification or indicated on the drawings.

d. All control wiring shall be done by the Contractor or Subcontractor responsible for supplying

his equipment.

e. The Contractor shall supply, for approval, six (6) copies of a composite wiring diagram showing all wiring, including internal control and starter wiring. This diagram shall be labeled so as to properly identify all equipment, controls, starters, etc. All inter-connected systems must be shown and the interrelated wiring must be clear.

f. The Contractor shall provide all technical assistance required by any Subcontractor to insure

the proper installation of all work relating to the systems specified herein. 31. CONNECTIONS TO EQUIPMENT

a. Connections to equipment shall follow manufacturer's recommendations as to size and arrangement of connections and/or as shown in detail on the plans. If the manufacturer’s recommendations deviate significantly from the plans, the Engineer or Architect shall be notified in writing by the Contractor prior to commencing work so that clarification may be provided. Piping connections shall be made to permit ready disconnection of equipment with minimum disturbance to adjoining piping and equipment.

32. QUIET OPERATION

a. All work shall operate under all conditions of load without any sound or vibration which is objectionable in the opinion of the Engineer or Architect. In case of moving machinery, sound or vibration noticeable outside of room in which it is installed, or annoyingly noticeable inside of its own room, will be considered objectionable. Sound or vibration conditions considered objectionable shall be corrected in an approved manner by the Contractor at his expense.

33. EQUIPMENT SERVICING

a. Each Prime Contractor shall supply at no additional cost to the Owner, competent mechanics to perform the following services:

1) Start and test all equipment, material and workmanship supplied under this contract before

final acceptance.



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2) In addition to above, one more service call shall be made throughout the guarantee period to check operation of controls and other work necessary under the heading "preventive maintenance."

3) In addition, any and all "emergency" service shall be performed as required.

b. The owner shall be given a written report on the services performed.

c. The Contractor shall supply all parts and miscellany required by virtue of the services to be rendered as noted above.

d. The Contractor shall supply to the Owner, the names, home addresses and home telephone

numbers of at least two (2) competent mechanics who can be notified of any "emergency" services that may be required.

e. Should the Contractor fail to remedy such defects or to render such services within a

reasonable length of time, the Owner may have the defects remedied or the services performed and charge the cost of same to the Contractor.

34. GUARANTEE-WARRANTY

a. The Contractor shall and does hereby guarantee all work as called for in the various divisions of this specification, when such work is performed by the Contractor or its Subcontractors.

b. The guarantee of the Contractor shall be in addition to the specific guarantees called for in the divisions of the specifications. These guarantees shall be obtained, stamped, signed and dated by the Contractor, indicating that they comply with the requirements of the Contract Documents.

c. All guarantees shall be delivered to the Engineer or Architect in four (4) bound volumes, properly identified, dated and indexed, before final payment, with one (1) original and three (3) copies of each guarantee, properly signed.

35. OPERATING AND MAINTENANCE INSTRUCTIONS

a. The Contractor shall, at the substantial completion of the contract, deliver to the Owner, four (4) copies of a bound manual and one electronic copy presenting for the Owner's guidance, full details for the operation and maintenance of all equipment and systems included in the contract.

b. The Contractor shall include all literature of the manufacturer relating to equipment, including motors or other manufacturing equipment; also cuts, wiring diagrams, instruction sheets and all other information pertaining to same that would be useful to the Owner in the operation and maintenance of the same.



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c. Operation instructions in printed form for each new item of equipment and system shall be posted in glazed metal frames at locations designated by the Owner. The Contractor or his representative shall instruct the Owners or its representatives in the proper operation and service of all equipment and systems at the time of completion, and before the acceptance of the work.

d. The Owner shall be the sole judge of the completeness of such manuals and may reject any submittal for the lack of any information which he may deem necessary and/or for the manner in which the materials are assembled or bound.

36. DAMAGE

a. The Contractor shall repair and/or replace any damage to existing building entrances, walls, floors, ceilings, streets, roads, pavement, utilities, curbs, trees, shrubbery or other planting or fencing, caused by operations and/or workmen employed in the performance of work under the contract.

37. CLEANING

a. The Contractor shall daily clean up refuse, rubbish, garbage, scrap materials and debris throughout the job caused by his operations; areas assigned for Contractor's use shall be maintained in an orderly and clean condition at all times.

b. The Contractor shall, upon completion of his installation, clean his equipment to the satisfaction of the Owner.

c. The Contractor shall do the following cleaning at completion of the work:

1) Remove putty stains and paint from all glass and shall wash and polish same. Care shall be taken not to scratch the glass.

2) Remove all marks, stains, fingerprints and other soil or dirt from all painted, decorated

and stained work.

3) Remove all temporary protections and shall clean and polish all floors at completion.

4) Clean and polish all waxed woodwork upon completion.

5) Clean and polish all hardware for all other trades. This shall include removal of all stains, dust, dirt, paint, etc. upon completion.

6) Remove all spots, soil and paint from all the work and shall wash same upon

completion.



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38. TESTS

a. The Owner may test or have tested any or all portions of the work under this Contract except as otherwise noted. Any such tests are solely for the Owner's own protection and record purposes, and the Contractor shall not rely on any such testing for control of the quality of his work.

b. The Contractor shall, upon notification, make available whatever facilities and/or assistance that may be required to perform testing as noted above. If the work subject to tests performed by the Owner, is found to be defective or nonconforming to the Drawings and Specifications in any manner due to the fault of the Contractor or any of his Subcontractors, such uncovering or destruction and necessary reconstruction and cost of testing and retesting shall be at the expense of the Contractor.

c. The Contractor shall perform his work in such a manner that will permit the Owner to perform and coordinate its testing with the work.

39. NEW YORK STATE LABOR RATES

a. In accordance with Section 220 of the Labor Law, the prevailing hourly rates of wages and the prevailing hourly equivalent of supplements shall be paid for the project.

b. Contractor shall comply with all legal provisions and procedural requirements included in Section 220 of the Labor Law.