Bid Notice.pdf

Town of Brookhaven Department of Finance – Division of Purchasing

One Independence Hill Farmingville, NY, 11738

Request for Bids (RFB) Bid #26033

Drainage Requirements Contract

Request for Bid

The Town of Brookhaven, New York (the “Town”), pursuant to New York State General Municipal Law §103 and all other applicable laws, hereby invites sealed bids for the furnishing and/or delivery of services as specified herein. Bids shall be received by the date and time stated in this Request for Bids (RFB).

Intent of Bid The Contractor shall furnish and install drainage structures, pipes and related materials within the jurisdiction of the Town of Brookhaven

All Communications Must Be Submitted by August 17, 2026 to:

Amanda Boland aboland@brookhavenny.gov AND Patricia Mazzei at pmazzei@brookhavenny.gov

Bid Information Summary & Bidder Information

Bid Information Summary:

Bid Title: Drainage Requirements Contract

Bid Number: 26033

Issue Date: August 10, 2026

Questions Due By: August 17, 2026

Bid Opening Date & Time: August 24, 2026

Bid Opening Location: Brookhaven Town Hall Complex located at One Independence Hill, Farmingville, NY 11738

Addendum Publication Date: August 18, 2026

Contract Term: Two (2) years with three (3) one-year renewal options

Delivery Location(s): Town of Brookhaven facilities, as specified

Bidder Information:

Vendor Name:

Address:

Street Address

City State Zip Code

Phone Number:

Email Address:

Contact Name & Title:

Website Address: 2

Town of Brookhaven Bid Number 26033

Special Requirements This bid contains Special Requirements as noted below.

Failure to meet these requirements or to submit the required documentation with your proposal may result in the disqualification of the submission.

1. All questions should be submitted, in writing, to the following Town contacts:

o Amanda Boland at aboland@brookhavenny.gov AND Patricia Mazzei at pmazzei@brookhavenny.gov

2. This project is subject to compliance with Prevailing Wages per NYS Department of Labor (DOL) regulations.

o SECTION 220-I OF THE NYS LABOR LAW REQUIRES THAT THE VENDOR MUST

SUBMIT A COPY OF NYS DOL REGISTRATION CERTIFICATION WITH THEIR BID.

Failure to submit the required documentation with your proposal WILL result in the immediate disqualification of the submission.

o See page 181 for detail and PRC number and link. Please note the schedule is NOT attached: the information is available by accessing the link provided on page 181.

3. This project may be subject to compliance with the Town’s Department of Housing requirements such as Davis Bacon and Section 3. These requirements, along with Davis Bacon Wage Rates are provided on the following pages 182-239.

4. This project requires compliance with the Town of Brookhaven Apprenticeship Training Program. See page 244-250 for compliance requirements and page 262 for ATP affidavit.

5. The primary trade classification for this contract is as follows: Laborer and Operating Engineer.

However, the Town reserves the right to approve any trade that it deems applicable and appropriate for the type and scope of work to be performed under the Contract(s).

6. This project requires 5 years of previous experience as it directly relates to the stated SOW.

Documentation must be provided in support of the cited experience.

7. Provide a list of equipment presently owned by the contractor that is necessary to perform this contract.

8. Please provide proof of the firm’s authorization to do business in the State of New York.

SPECIAL NOTES AND PROVISIONS

Contract Description

The Contractor shall furnish and install drainage structures, pipes and related materials within the jurisdiction of the Town of Brookhaven.

The Contract term shall be from the date of award for a period of two (2) years. This Contract may be renewed for three (3) additional one (1) year periods, upon mutual agreement between the Town of Brookhaven and the awarded vendor and said renewed contract shall include the Town’s latest terms and conditions.

The Contractor shall furnish all transportation, plant, labor materials, signs, supplies, equipment and other facilities and items necessary or proper for, or incidental to the work contemplated by this Contract as required by, and in strict accordance with the applicable plans, specifications and addenda prepared by the Engineer and/or required by, and in strict accordance with, such changes as are ordered and approved pursuant to this contract, and shall perform all other obligations imposed by the Contract.

Special Notes

1. Prior to starting on all work orders, the Contractor is responsible to get all utility mark-outs performed. Where it appears that a utility conflict may exist, and when directed by the Town, the Contractor shall dig a test hole (Item 268A/268B) at the conflict to obtain the exact location of any underground utility that may be in conflict with the proposed work order using the test hole information. The Contractor shall verify that the work received on the work order is constructible prior to work start. If this procedure is not followed, there will be no compensation for any loss of time and/or materials to the Contractor for delays in starting work.

2. Upon completion of the work issued under a given work order, the Contractor shall guarantee workmanship and work product to the Town for a period of six (6) months.

Within that six-month maintenance period, the Town may determine that the Contractor needs to revisit the work location to fix or repair any faulty work. No additional payment will be made for this effort.

3. At the completion of installation of the proposed work, the Contractor is responsible to place a minimum of 2 inches of temporary asphalt in areas of excavated material. The cost of this work is included in the include in the price bid for the respective item. The Contractor is required to maintain the trench, excavated area and temporary asphalt until the area is paved by the Town. If the Town choses to replace the full pavement section, this work will be for under Item 740, Remove and Replace Asphalt Pavement.

4. The Suffolk County Department of Environmental Control is to be notified two (2) working days prior to construction. All work involving sanitary sewer facilities is to be done in the presence of a Suffolk County Sewer Inspector.

5. The Contractor must submit to, and the Town’s representative must approve, a detailed work schedule prior to the start of any work on this contract.

6. Under this Contract no asphaltic or concrete material is to be placed unless the Town’s representative is present. In addition, no work is to be performed until the methods used to control traffic at the job site in accordance with the New York State Department of Transportation’s Manual of Uniform Traffic Control Devices (MUTCD) are approved by the Town’s representative. Failure to comply with this requirement will lead to non-payment and possible replacement of any material placed.

7. The Contractor shall not subcontract any part of the work under this Contract without the prior written approval of the Town’s representative.

8. The Contractor is responsible for all the work of their subcontractors. A representative of the Contractor shall be present at all times whenever a subcontractor is working on site.

9. The Contractor's attention is directed to the fact that sweeping of the existing surface to remove all loose material, silt spots, vegetation and all other objectionable material prior to the application of any tack coat or bituminous materials will be required under this contract in accordance with Reference Item 525, Cleaning Existing Pavement. No additional payment will be made for sweeping of the existing surface. The cost shall be included in the unit price bid for various other items. The Contractor shall base his bid accordingly.

10. The Contractor’s attention is directed to the fact that no open excavations are to be left overnight under this Contract. All excavations must be started and closed by the end of the work day. The Contractor shall base their bid accordingly.

11. The Contract Documents do not include all the necessary components for construction safety. It is the Contractor’s Responsibility to provide all construction safety measures at their own expense where not included as an integral part of a pay item.

12. The Occupational Safety and Health Act of 1970 requires that the employer ... (1) shall furnish to each of their employees employment and place of employment which are free from recognized hazards that are causing or likely to cause death or serious physical harm to their employees; (2) shall comply with the Occupational Safety and Health Standards promulgated under this Act... Contractor, however, must conform to the O.S.H.A.

regulations and such conformance shall not be reason to demand additional payment or claim extra work. Sheeting shall conform strictly to the requirements of the O.S.H.A.

regulations for Construction Subpart C, Excavation, Trenching and Shoring; 1926.650 General Protection Requirements, 1926, 651 Specific Excavation Requirements; 1926.652 Specific Trenching Requirements; 1926.653 Definitions Applicable to this Subpart.

13. All work performed under this Contract shall comply with the requirements of the Industrial Code of the State of New York, Rule No. 23 and Rule No. 53, both as currently amended.

14. The removal and relocation of utilities (aerial, surface and subsurface) shall not be done by the Contractor, unless otherwise noted on the plans or specified.

15. The existence and location of underground utilities shall be investigated and verified in the field by the Contractor before starting work. Excavation in the vicinity of existing structures and utilities shall be dug by hand, and shall be coordinated with the utility company.

16. The Contractor shall accurately determine the locations and elevations of pertinent structures, utilities, and facilities before new installations are started so that there will be no interference with the progression of the work. Any conflict between existing structures, utilities, and facilities and the new items of work shall be ascertained by the Contractor prior to commencing any work under the various items and called to the attention of the Town’s Representative. Grades and locations of new installations may be changed with existing installations. No additional payment will be made to the Contractor for locating utilities, the price of which is included in the price of the various Items bid. If the described procedure is not followed by the Contractor and new work has to be removed and replaced, or there is a delay, all the cost shall be borne by the Contractor and the Town will only pay for the amount of the items in place complete at the time of acceptance of the work. In addition, any additional inspection expenses incurred by the Town shall be borne by the Contractor.

17. The Contractor shall be held responsible for any damage to and shall exercise extreme caution while working near utilities. Utility companies will provide shoring and bracing of their aerial structures and appurtenances, except were a specific item is provided or specified in the contract.

18. Existing street lighting facilities including underground cables, cables in conduits, etc., are the property of the Town of Brookhaven. It is the responsibility of the Contractor to determine the location of all street lighting facilities prior to construction. The Contractor shall protect and maintain the lighting facilities and any damage to them shall be immediately reported to the Town Street Lighting Division. All construction in the vicinity of the damage shall be stopped until repairs are made. If the Town directs the Contractor to make repairs, they must be made by an electrician licensed in the Town of Brookhaven.

Should it be impossible to protect and maintain the facilities due to their proximity to the work, the Contractor shall immediately notify the Town’s Representative.

19. If groundwater is encountered during the course of construction, the cost of dewatering, pumping, bailing or draining, necessary during construction in order to keep the excavation free from water, shall be the responsibility of the Contractor and included in the unit prices bid for the all items in the proposal and no separate payment for this work will be made.

20. Where existing drainage is to be extended or connected to it, it shall be located and exposed prior to the installation of any new drainage.

21. The Contractor shall plan their work and progress so that at all times either the new or the existing drainage facilities will function to carry off storm water so that no damage or inconvenience will result.

22. The Contractor will be required to notify the homeowners a minimum of twenty-four (24) hours prior to any work being performed on a particular roadway. In addition, the Contractor shall check to make sure all homeowners have been notified just prior to any work. No work shall be performed unless these requirements have been met. No additional payment will be made for meeting this requirement. The cost is to be included in the various other items bid. The Contractor shall base their bid accordingly.

23. The Contractor shall notify the Police Department, Fire Department, Trash Collectors, Buses, School Districts, United States Postal Service, etc. at least 24 hours in advance of the first day work is to begin, and each and every day that work is being performed, so that these agencies are aware of conditions they may encounter in the performance of their duties.

24. During construction, the Contractor shall maintain and/or reposition all highway signs, street name signs and other markers for the continuous information, protection and safety of the public. The Contractor shall remove and replace all highway signs, street name signs and other markers as required. If the sign post is in a concrete area, a suitable sleeve shall be provided. All other sign foundations shall match those existing prior to the start of construction. The cost of this work shall be included in the unit prices bid for the various items in the proposal and no separate payment for this work will be made.

25. The Contractor shall provide all labor, materials, equipment and services necessary to mobilize the necessary equipment and materials to perform the intended work. No separate payment will be made for the required mobilization, the cost of which is included in the various items bid. The Contractor shall base their bid accordingly.

26. Construction shall be coordinated so that access to driveways is maintained at all times.

27. If municipal owned observation water wells are encountered during construction, the Contractor shall protect and maintain these observation water wells. Any damage to them shall be corrected as directed by the owner at the Contractor’s expense.

28. The Contractor shall obtain and pay for all permits necessary for the use of municipal water supplies. Water tank trucks used for any purpose shall conform in all respects to the requirements of the New York State Sanitary Code which includes requirements for an “Air Gap” backflow prevention device in the filling system. All connections to hydrants for construction purposes shall be equipped with a backflow prevention device meeting the approval of the local water district or other governing authority.

29. Prior to final acceptance of the work, the Contractor shall clean the entire site of dirt, debris, etc. which as accumulated. The Contractor shall clean all pipes, manholes, catch basins, etc. where construction was performed, of accumulated dirt, sand or other materials which have washed into them. No direct payment will be made for this work.

The cost shall be included in the unit prices bid for the various items in the proposal.

30. The Contractor’s attention is directed to the fact that Items 200, 201, 202, 205, 206, 208, 225, 235, 240, 242, 243, 245, and 247 are all inclusive and includes all excavation, backfilling, temporary sheeting and bracing, if necessary. The Contractor shall base their bid accordingly.

31. All fire hydrants within or adjacent to the construction limits shall be kept and maintained readily accessible to fire apparatus at all times. No obstruction shall be placed within fifteen (15) feet of any such hydrant.

32. The Contractor’s attention is directed to the fact that all debris is to be removed from the work site daily. This includes, but is not limited to, all excavated concrete, asphalt material removed to construct pavement keys, butt joints, and all excess paving material, soil, roots, and tree stumps, as well as all excess forms, concrete, wire mesh and reinforcement. The Contractor shall base their bid accordingly.

33. The Contractor’s attention is directed to the fact that clean-up and restoration (i.e., removal of forms, backfilling to final grade, removal of safety devices, etc.) shall be performed at each work site within three (3) days of completion of the work and/or repair performed. The Contractor shall base their bid accordingly.

34. No work shall be performed when the weather conditions are rainy, snowy, or are otherwise unfavorable. If there is a question as to the weather conditions for the day, the Town’s representative shall make the final decision if work is to be scheduled, started, or stopped on any given day.

35. The Contractor’s attention is directed to the fact that no equipment is to be left on the roadway overnight at any of the work sites under this contract. The Contractor shall base their bid accordingly.

36. The Town reserves the right to limit the application of any material to a one block limit on any continuous street (i.e., intersection to intersection), until the entire pavement area on that block is completed.

37. The pavement to be removed and disposed of consists of various asphaltic courses and possibly a soil cement base of varying thickness. Old concrete curbs, curb gutters, and concrete valley gutters overlayed with asphalt may also be encountered. The Contractor must recognize and appropriately consider in their bid for Asphalt Pavement Restoration that all asphaltic courses, concrete curb and gutters, and valley gutters encountered and requiring removal and disposal will be paid for under Item 740. Soil cement base encountered and requiring removal will also be paid for under Item 740.

38. The method used for the demolition and removal of concrete will be subject to the approval of the Town’s Representative. The use of a ball operated from a crane will not be allowed. All methods used must be such that the exact limits of the item to be removed can be accurately controlled. All work damaged or removed beyond the payment limit lines shall be restored at the Contractor’s own expense, except where authorized by the Town’s Representative in writing.

39. The Contractor’s attention is directed to the fact that the removal of existing structures (i.e., catch basins, manholes, pipe lines), when required, will be paid for at the unit price bid per cubic yard for Item 509, Unclassified Excavation (Unsuitable Subgrade Soils).

Backfill material to fill the void, all grading, and compaction will be paid for under Item 510, Select Fill. The Contractor shall base their bid accordingly.

40. The Contractor’s attention is directed to the fact that Items 526, 527, 528 and 740 are all inclusive and include all excavation, backfilling, saw cutting, and disposal of excess material off site if necessary. The Contractor shall base their bid accordingly.

41. The Contractor’s attention is directed to the fact that all vertical and/or horizontal re-establishment of sprinkler heads required shall be the responsibility of the Contractor, and shall be performed at each work site within five (5) days of completion of the work and/or repair performed. The Contractor shall base their bid accordingly. The Contractor is advised that any undue or excessive damage incurred to sprinkler systems adjacent to the work site due to negligence, equipment or by any other means, shall be the responsibility of the Contractor. Corrective work, at the discretion of the Town’s representative, shall be undertaken by the Contractor at their expense or done by the Town and appropriate time and material charges deducted from any further payments to the Contractor. The Contractor shall base their bid accordingly.

42. The Contractor’s attention is directed to the fact that all structure requiring adjustment (i.e., catch basins, manholes, etc.) must be completed a minimum of 48 hours before the scheduled start of paving. Failure to comply with this requirement will lead to a delay in the start of paving. The Contractor shall base their bid accordingly.

43. The Contractor’s attention is directed to the fact that during road widening all subgrade shall be a minimum of one (1) foot wider than the proposed edge of pavement. The Contractor shall base their bid accordingly.

44. The Contractor’s attention is directed to the fact that Items 200, 202, 205, 206, 208, 225, 235, 240, 242, 245, and 247 include the installation of 2 inches temporary pavement repair as required, each day, for the entire area of excavation. The Contractor shall base their bid accordingly.

45. The Contractor’s attention is directed to the fact that temporary toilet facilities shall be provided by the Contractor for the personnel on the job and maintained in a strictly sanitary manner. The Contractor shall obey and enforce all state and municipal sanitary regulations around and on all parts of the site. The Contractor shall base their bid accordingly.

46. The Contractor’s attention is directed to the fact that Item 247, Connections to Existing Facilities, provides payment for connecting new drainage structures to exiting pipelines and/or connecting existing drainage structures to new pipe lines. There is no separate payment for connecting new pipelines to existing pipelines, the cost of which is included in the unit price bid for Items 200, 202 and 205. The Contractor shall base their bid accordingly.

47. If a permit is required to perform any dewatering, pumping, bailing, or draining and discharge, as required by NYSDEC, the Contractor shall be responsible for obtaining the necessary permits from the appropriate governmental agencies. Item 814 will be used for each location that any dewatering, pumping, bailing, draining and discharge is required and/or for meeting any agencies permit requirements, the cost of which shall be included in Item 814.

48. When the Work Order specifies the use of Minority and/or Women Business Enterprises (MBE/WBE) under a grant, permit, and/or the requirements of any other governmental agency, the Contractor shall make a good faith effort to comply with the established goals as specified. The Contractor shall be required to provide the Town with proof of his/her good faith effort. The Contractor shall also be required to provide the Town with copies of all sub-contracts, checks, and/or invoices used to comply with the terms of any MBE/WBE requirements.

49. The Contractor’s attention is directed to the fact that all frames and grates shall be American made, unless otherwise approved by the Highway Superintendent in writing.

The Contractor shall base their bid accordingly.

50. The Contractor’s attention is directed to the fact that the use of any tracked and/or cleated equipment (i.e., bulldozers, payloaders, excavators, etc.) for construction purposes on roadway surface areas is forbidden. Such usage without specific permission in writing from the Town’s representative will constitute a direct violation of the Contract and may lead to termination. The Contractor shall base their bid accordingly.

51. The Contractor’s attention is directed to the fact that all site restoration (i.e., curb, sidewalk, landscape, aprons, etc.), except pavement repair, shall be completed within seven (7) days after the drainage installation. Pavement repair shall be completed as directed by the Town’s representative. The Contractor shall base their bid accordingly.

52. The Contractor’s attention is directed to the fact that work under this Contract will only be permitted between 7:00 AM and 3:30 PM Monday through Friday unless otherwise authorized.

53. If the Contractor wishes to perform any portion of the work beyond the specified time frame, he shall first obtain permission from the Town’s representative, notifying him each time in advance, giving him ample time in which to set a schedule of work and to notify his/her staff. The Contractor shall compensate the Highway Department for additional inspection and/or supervision computed as follows:

• Two and a half (2.5) times the salary cost of personnel involved plus, reimbursement for actual travel and subsistence expenses, and other direct field expenses. The aforementioned rate represents the actual cost of the personnel involved.

• The Contractor shall base his/her bid accordingly.

54. The Contractor’s attention is directed to the fact that Item 252 are all inclusive and include all work necessary to install the unit in a new and/or existing pipe, and/or in a new and/or existing structure. The Contractor shall base their bid accordingly.

Special Provisions

1. It is the intent of this Contract to provide for the drainage construction on Town roadways, parking fields or other Town facilities at various locations in the Town of Brookhaven. The work shall consist of all necessary items required to complete the project as specified on the Work Order. The Town’s representative will select the items required.

2. Payment will be made at the unit price bid for each item, for the actual quantities satisfactorily placed or ordered by the Town’s representative.

3. All items of work required to satisfactorily complete the work shall be included in the unit prices bid and no claims for additional compensation will be considered by the Town’s representative.

4. All unit prices bid for all items shall include the cost of Maintenance and Protection of Traffic.

The requirements for Maintenance and Protection of Traffic are as follows:

ITEM 619.01 - MAINTENANCE AND PROTECTION OF TRAFFIC

The requirements of Item 619.01 of the Standard Specifications of the New York State Department of Transportation shall be adhered to, with the following additions:

A. Access to private driveways must be maintained at all times.

B. All piles of excavated material shall be removed from the roadway area daily.

C. The Contractor shall also inspect the contract area after and/or during every rainstorm or windstorm to ascertain what work is necessary to properly maintain and protect pedestrian, vehicular safety, new and/or adjacent work, and existing property. This is especially true on nights and weekends and at other times when no work is in progress. The cost of this inspection and execution of the work required shall be included in the unit price bid for various other items.

1. Any costs to correct adverse conditions expended by the Town or other outside forces will be deducted from monies owed the Contractor at a rate of two and one-half (2-1/2) times the actual cost incurred. The aforementioned rate represents the actual cost of the personnel involved.

2. All provisions of Item 619.01, "Maintenance and Protection of Traffic," must also be complied with. Non-conformance with the above requirements of performance may be the basis for implementation of the non-payment clause as specified in paragraph 5, “Basis of Payment.”

D. It shall be required that the length of the existing curb or sidewalk removal or excavation necessary in advance of daily installation of new curb or sidewalk shall be limited to the average length, as determined by the Town’s representative, of the new concrete curb or sidewalk that can be placed in the following day of operation.

E. Construction shall also be limited to one side of any continuous street or intersection only until said side construction is completed and open to traffic.

NOTES RELATIVE TO ITEM 619.01

The Contractor's attention is directed to the following checklist of the most prevalent undesirable traffic and safety conditions that occur during construction:

A. Traffic Control Devices - Signs, barricades, barrels, etc. shall conform with the New York State Manual of Uniform Traffic Control Devices, and/or as directed by the Town’s representative.

B. Improper Detouring of Traffic - Contractors shall submit detour plans to the Town’s representative prior to construction. Insufficient and improper detour signs shall not be used and the Town will not accept the excuse that signs were stolen or vandalized. It shall be the Contractor's Responsibility to maintain these signs at all times.

C. Storing Building Materials - Materials, dirt piles, etc., shall not be stored in or adjacent to intersections or at any locations where sight distance is critical.

D. The Contractor shall maintain a safe, unobstructed area for pedestrian and vehicular traffic.

E. The Contractor shall provide sufficient signs, flashers, etc., at locations where there are obstructions in the roadway. All manholes and appurtenances protruding two inches or more above the existing ground shall have a flasher and a barrel conforming to NYSMUTCD.

F. The Contractor shall notify the Police Department, Fire Department, U.S. Post Office, Suffolk County, the School District, Bus Company, etc., of street closings daily. Confirmation of daily notices of agencies contacted, including Town services contacted, shall be faxed to the Highway Department every day.

G. The Contractor shall maintain at all times, one lane of roadway, suitable for emergency vehicles.

H. The Contractor shall maintain all existing official traffic control devices, stop signs, parking signs, street signs, etc.

I. The Contractor shall maintain traffic on fill or other surfaces that are subject to the development of potholes.

J. The Contractor shall use sufficient flagmen equipped with two-way radios if required (minimum of two (2) flag people at all times) at locations where traffic or physical conditions require their services. (Note: NYSMUTCD requires the use of a proper flag and a traffic vest.)

K. When directed, the Contractor shall furnish and apply liquid calcium chloride daily for the prevention of dust nuisance.

L. The Contractor shall use arrow boards, signs, barrels and flagger(s) for any lane closures at the construction site.

In addition, the Contractor may be directed to furnish and apply liquid calcium chloride on a Saturday, Sunday, or a legal holiday for the prevention of dust nuisance.

If the Contractor does not conform to the above requirements, it shall and will pay liquidated damages of Five Hundred Dollars ($500.00) a day, for each and every day it does not conform to the above requirements.

5. Work Orders directing specific work and requirements will be issued to the Contractor by the

Town’s representative. This Work Order shall include an Atlas Location Map, a sketch of the proposed work, an itemized list of quantities of work to be performed, the time limit for starting and performing the work and other requirements and information deemed necessary.

The Contractor shall commence work on a Work Order within ten (10) calendar days of issuance and/or within the specified time limits and must work vigorously and continuously until completion. The work shall be fully completed within the time limit indicated with the issuance of the Work Order.

If the Contractor fails to start work and/or complete work within the time limits specified within the Work Order, Contractor shall and will pay liquidated damages of $2,500.00 per day for each and every working day beyond the specified time limits.

6. There is no stipulation as to the quantities or items of work which the Contractor will be directed to perform under each Work Order. The items and quantities of work performed under any prior contract may not be indicative of the items or quantities of work to be performed under this agreement. In addition, the Town’s representative may, through his/her designated field representative, modify the issued Work Orders to suit field conditions, the final payments for each to be determined by the amount of work actually performed under each of the various bid items.

In addition, the Town reserves the right to rescind and/or suspend a Work Order, for any reason, and/or at any time, even if work has commenced. The Contractor shall be notified in writing. If a Work Order is rescinded and/or if work under a Work Order is suspended, the Contractor will be compensated for only the actual total quantities satisfactorily placed and/or ordered by the Town prior to the suspension and/or rescission of the Work Order. The Contractor shall and will not make a claim for any work and/or materials, anticipated profit and/or loss of profits due to suspension and/or rescission of a Work Order.

7. Prior to beginning work, the Contractor shall verify the work and quantities indicated in the Work Order. If the Contractor is of the opinion that the Work Order includes items of work that are not included in the contract as a bid or that the indicated quantities are incorrect, he shall notify the Town’s representative in writing before beginning the work. In case of disagreement, the determination of the Town’s representative will be final.

8. The Contractor shall notify the Town’s representative two (2) working days prior to beginning construction in order for the Town to have a representative present while the work is in progress. Failure of the Contractor to so notify the Town’s representative may be cause for non-payment of the work performed.

9. Before approval for payment, all work shall be complete in all respects. “Punch List” items must be corrected within thirty (30) days of issuance of the list. All debris, construction equipment, etc. shall be cleared from the site. All restoration work shall be complete.

10. Where the Town’s representative finds it necessary, the Town of Brookhaven Highway Department will establish paving lines and grades. The Contractor shall follow these lines and grades during construction. Any deficiency in the finished pavement due to the Contractor's failure to follow the established paving lines and grades shall be corrected by the Contractor to the satisfaction of the Town’s representative at the Contractor's expense.

11. The Contractor shall safeguard all points, stakes, grade marks, monuments and bench marks made or established on the work, re-establish same if disturbed, and bear the entire expense of rectifying work improperly installed due to the Contractor's failure to maintain and protect;

or due to the Contractor's removal, without authorization, to such established points, stakes, grade marks, monuments or bench marks.

12. All excess materials from the Contract are the property of the Town of Brookhaven and shall be disposed of as ordered by the Town’s representative at no additional cost to the Town.

13. All deliveries or removal of materials from the job site shall be accompanied by an extra copy of a material invoice, which shall be given to the Town's representative as their copy. No payment will be made for any materials until all invoices are received by the Town’s

14. Prior to final acceptance of the work, the Contractor shall clean the entire site of dirt, debris, etc., which has accumulated. The Contractor shall clean any pipe, manholes, catch basins, etc., where construction was performed, of accumulated dirt, sand or other materials which have washed into them. No separate payment will be made for this work, the cost of which is included in the unit prices bid for various other items.

15. The Contractor is placed on notice that the coordination of all utility work is his/her responsibility. All utilities must be protected and maintained in a condition that is satisfactory to each utility company concerned.

At no time shall the Contractor handle any utility line without the written direction and approval of the utility company concerned. During the handling of any utility line a representative of that utility must be present.

At least 72 hours before starting the work the Contractor shall contact the following utility companies and agencies indicated below:

National Grid 800-490-0045

LIPA .... 800-490-0075

Verizon 631-687-8452 Suffolk County Water Authority (SCWA) 631-698-9500 (or local Water District, as required) Cablevision Co. - Eng. Division 516-803-7320 Utility One Call Center 800-272-4480 Town of Brookhaven Traffic Safety and Street Lighting 631-451-6480 Town of Brookhaven Highway Department 631-451-9200 Town of Brookhaven Waste Management 631-451-8696 Suffolk County Sewer Agency 631-854-4150

The Contractor is advised that there may be buried gas or water lines on the job site. In addition, there may be buried or overhead electrical, cable TV or telephone lines on the site.

The Contractor shall verify the location and condition of all utilities prior to the start of any work.

Proper care must be exercised at all times when working near or with any utility line to insure its safe operation. The Contractor shall comply with all state, federal, etc. laws with respect to work at and/or near all utilities.

The Contractor shall bear all costs for the coordination of any utilities that require relocation.

The Contractor shall bear the cost to repair any utility damaged by the Contractor’s operations, including all labor, materials, and any and all incidentals necessary to complete the repair to the satisfaction of the Town’s representative and the Utility Companies involved.

The Contractor shall supply the Town’s representative with a copy of all utility case numbers prior to the start of work. Failure to supply the required case numbers will cause the start of work to be postponed.

In the event that a utility company or a government agency does not adjust a cast iron device on time, for whatever reason, then it is the responsibility of the Contractor to perform the work.

16. A pre-construction meeting will be arranged by the Town’s representative. The Contractor and their sub-contractors must attend this meeting. The Contractor shall provide the following information to the Town’s representative at this meeting:

A. List of all material suppliers and sub-contractors.

B. Contractor's sample collection plan.

C. Name of the mix design testing laboratory.

D. Descriptive information on the mixing, applying and compaction equipment to be used as well as all calibration information and curves on all metering equipment.

E. Name of the quality control testing laboratory.

F. Contractor's quality control plan.

G. Sample homeowners' notification.

H. Utility case numbers.

I. Schedule of operations.

Any questions or problems will be discussed and finalized by the Town’s representative at this meeting. The Contractor will warranty compliance with any signed minutes from this meeting.

No phase of the work will be started unless the Town’s representative is on the job site and approves the construction procedures as established at the pre-construction meeting. Any work done without approval may not be accepted for payment.

17. All unit prices bid for all items shall include the cost of Item 904SS, Project Survey and Stakeout for control during construction and paving. The additional requirements for Item 904SS, Project Survey and Stakeout are as follows:

Stake-out Survey: During the stake-out survey the Contractor must place radius stakes at each intersection in accordance with the plans or as ordered by the Town’s representative.

Edge of Pavement: During initial pulverization, stabilization, and final paving, the Contractor will be required to mark the proposed edge of pavement with paint at each station.

Base Construction: The Contractor shall set edge of pavement offset stakes or pins at the spacing and location as ordered by the Town’s representative. These offset stakes shall be placed on each side of the roadway, at all breaks in grade, all structures and all points or curvature. Two grade marks shall be established on each stake: finished pavement grade and finished base grade. In addition, a third mark for the proposed center line grade shall be established on the appropriate offset stake. If the markings become faded or blurred for any reason, they shall be restored by the Contractor as directed by the Town’s representative.

All stakes shall be properly guarded, marked and flagged for easy identification. The Contractor shall maintain all stakes throughout the project. Damaged or destroyed stakes shall be replaced as directed by the Town’s representative.

18. The Contractor’s attention is directed to the fact that there is no price adjustment allowed under this Contract for asphalt, fuel, steel, and/or any other materials. The Contractor shall base his/her bid accordingly.

19. The Contractor is advised that any undue or excessive damage incurred to roadways, driveways or other areas adjacent to the work site due to negligence, equipment or by any other means, shall be the responsibility of the Contractor. Corrective work, at the discretion of the Town’s representative, shall be undertaken by the Contractor at his/her expense or done by the Town and appropriate time and material charges deducted from any future payments to the Contractor.

20. Due to the relative flat profile grades that may be encountered on various projects under this Contract, the Contractor’s attention is directed to the fact that the tolerances as listed under the Standard Specifications of the New York State Department of Transportation, Sections 401-3.14, 401-3.15 for all asphalt items, and 609-3.03 for all concrete items, will be strictly enforced. Failure to comply with this requirement will lead to rejection and non-payment for the work outside the acceptable limits.

21. In addition to the General Requirements Maintenance and Protection of Traffic, the

Contractor will be required to submit to the Town’s representative a weekly plan for Maintenance and Protection of Traffic. As a minimum the plan must include the location of all signs that will be placed (i.e., road closed, detour arrows, cones, etc.), proposed pattern of placement and road closings, locations of all flag persons (minimum of two (2) flag people at all times), and in addition flag people are to be stationed at each closed roadway and all other incidentals necessary to insure a smooth flow of traffic while protecting the surface from any damage. No work is to be performed until the Town’s representative approves the weekly Maintenance and Protection of Traffic Plan.

22. It is the intent under this Contract that the Contractor shall establish a crew or crews, as necessary, who shall work exclusively for the Town of Brookhaven, until final completion of all work specified in the Work Order.

If the Contractor’s crew or crews are to leave the Town of Brookhaven prior to completion of the specified work, the Contractor shall request permission in writing from the Town’s representative a minimum of five (5) days prior to a break in service. If the Contractor fails to return to work on the day approved, the Contractor shall and will pay liquidated damages of $2,500.00 per day for each and every working day beyond the approved day.

23. When the Work Order specifies pavement to be placed at a location, the Contractor must pave all areas requiring pavement (i.e., intersections, entranceways, side streets) at the specified location, prior to moving and starting work at another location.

24. When the Work Order specifies work to be done under the requirements of a New York State

Department of Environmental Conservation permit, the Contractor shall perform all work in conformance with the permit, at no additional cost to the Town.

25. When directed by the Town’s representative, the Contractor shall install temporary pavement markings for maintenance and protection of traffic. The temporary markings shall be installed at the location and spacing as directed by the Town’s representative. No additional payment will be made for supplying and installing the temporary pavement markings, the cost of which shall be included in the unit price bid for various Items.

26. The Contractor’s attention is directed to the fact that all mix design and job mix formula testing in accordance with the General Specifications – Asphalt Concrete Mixtures – will be required to be submitted by the Contractor for each supplier and for each type of mix that will be provided by the supplier, to the Town’s representative for approval prior to the start of any work on this Contract.

In addition, the Town’s representative may request Contractor quality control testing to be performed in accordance with the General Specifications – Asphalt Concrete Mixtures – at any time. No additional payment will be made for any mix design job mix formula and/or quality control testing. The cost is to be included in the unit price bid per square yard for Items 740. The Contractor shall base his/her bid accordingly.

27. The Contractor’s attention is directed to the fact that the quantity of excavation to be paid for under Items 502 and 509, if cross sections exist, shall be the number of cubic yards of material measured in its original position, excavated and disposed of. If cross sections do not exist, the quantity of excavation to be paid for shall be based upon the water level capacity of the trucks used, as calculated by the Highway Department, minus a thirty percent (30%) compaction factor. The Contractor shall base their bid accordingly.

28. Asphaltic concrete mixtures shall be placed only when the combinations of material and base temperatures are within the limits shown in the following table:

Base Temp. Course Thickness in Inches in deg. F 1 1-1/2 2 3 and greater

30 – 40 - 305 295 280 41 – 50 - 300 285 275 41 – 60 300 295 280 270 61 – 70 290 285 275 265 71 – 80 285 280 270 265 81 – 90 275 270 265 260

91 & over 270 265 260 255

Minimum Material Temperature in deg. F

29. The Contractor’s attention is directed to the fact that there is no separate payment for furnishing and applying liquid calcium chloride for prevention of dust nuisance in accordance with Item 520, Furnishing and Applying Calcium Chloride (Dust Control) of these specifications as directed by the Town’s representative. The cost shall be included in the unit price bid for various other Items. The Contractor shall base his/her bid accordingly.

30. Under the Contract, the Contractor may be directed by the Town’s representative to furnish and apply liquid calcium chloride for the prevention of dust nuisance on a Saturday, Sunday, a legal holiday or nighttime hours. There is no additional cost to the Town for furnishing and applying the material on a Saturday, Sunday, or legal holiday. The cost of this work shall be included in the unit price bid for various other Items. The Contractor shall base his/her bid accordingly.

31. The Contractor’s attention is directed to the fact that there is no separate payment for painting and sealing and/or furnishing and applying tack coat in accordance with Item 508, Applying Bituminous Materials (Tack Coat) of these specifications as directed by the Town’s representative. The cost shall be included in the unit price bid for Items 740. The Contractor shall base their bid accordingly.

32. The Contractor’s attention is directed to the fact that prior to final acceptance of the work, the Contractor shall be required to drip seal all joints, seams, edges, etc. of all bituminous surfaces placed with hot poured liquid asphalt cement. There is no separate payment for this work. The cost of this work shall be included in the unit price bid for various other Items.

The Contractor shall base his/her bid accordingly.

33. When the Work Order specified drainage to be installed at a location, the Contractor must install all structures, pipe, and make all connections at the specified location, prior to moving and starting work at another location.

34. Any trench, pit or other excavation that is open and unattended shall be protected as directed by the Highway Superintendent with fences, barricades, or other approved method.

Direct payment will be made for this work under Item 809, Temporary Wire Fence.

35. The Contractor is cautioned to avoid disturbing any existing fencing, hedges, walks, etc. that are adjacent to the construction site. The cost of repairing or replacing any such disturbed areas, as ordered by the Town’s representative, will be at the Contractor’s own expense.

36. The Contractor’s attention is directed to the existence of property line markers, pipes, monuments, stakes, etc., that fall on or near the existing property and/or road boundaries.

These markers are to be retained. In the event these markers are removed, broken, or otherwise destroyed by the Contractor, they shall be replaced by the Contractor at their expense with markers of equal size and quality.

37. The Contractor is cautioned not to disturb any trees adjacent to their construction without written permission from the Town’s representative. In the event that the trees are endangered, the contractor will take all precautions to protect them, as directed by the Town’s representative. Payment for any necessary work including supporting, painting, etc., are to be included in the various contract items.

38. All signs within contract limits which may require being temporarily shifted to a nearby location as directed by the Town’s representative shall be installed back permanently at the original positions before completion of the job.

39. All drainage structures constructed in more than one section shall be adequately keyed to insure proper alignment and stability.

40. All openings in concrete structure to be framed out with 5/8” diameter reinforcing steel as approved by the Town’s representative.

41. When the Contractor elects to precast the drainage structures, he shall submit shop drawings to the Town’s representative showing the following:

a. The selections of the structure to be…