25-2552 Tree Trimming and removal Services.pdf

GREECE CENTRAL SCHOOL DISTRICT

Office of Purchasing

BID # 25-2552 TREE TRIMMING / REMOVAL Page 2 of 22

MAILING/DELIVERY INSTRUCTIONS

If you are planning to submit a bid by mail, please address your bid to:

Purchasing Department

P. O. Box 300

N. Greece, New York 14515-0300

If you are planning to have your bid delivered by any means requiring a street address

(e.g. Courier or Delivery Service), please address your bid to:

Purchasing Department

750 Maiden Lane

Rochester, New York 14615-1296

If you are planning to bring your bid to the Purchasing Department in person, or if you are planning to attend the bid opening, you should come to our offices, which are located on the Third Floor, West

Wing of Odyssey Academy, 750 Maiden Lane. Parking is available in the rear of the building. Enter the building through Door #5 on the farthest east corner of the building, go to the security desk and follow their instructions to the Purchasing Department (Room W19). We recommend that the Bid

Number and Bid Name be shown outside of the bid envelope.

Due to increased building security, please allow enough time to arrive in the Purchasing Department at the specified time of the bid opening. Our offices are located several minutes from the rear parking lot.

If you plan on attending the bid opening please allow enough time to arrive in the Purchasing Department before the specified time of the bid opening. Our offices are located several minutes from the rear parking lot.

If your bid is not time stamped by purchasing before the bid opening time it will be rejected.

BID # 25-2552 TREE TRIMMING / REMOVAL Page 3 of 22

TABLE of CONTENTS

Notice to Bidders ------------------------------------------------------------------------------ Page 1

Mailing Delivery Instructions ---------------------------------------------------------------- Page 2

Table of Contents ------------------------------------------------------------------------------ Page 3

Bid Proposal Certification -------------------------------------------------------------------- Page 4

Iran Divestment Certification --------------------------------------------------------------- Page 5

Non-Collusion Certification------------------------------------------------------------------ Page 6

Bid Price Form --------------------------------------------------------------------------------- Page 7

Specifications ---------------------------------------------------------------------------------- Page 8

Terms and Conditions ------------------------------------------------------------------------ Page 11

Schedule of Insurance ------------------------------------------------------------------------ Page 15

Termination or Suspension of the Contract ----------------------------------------------- Page 17

General Conditions --------------------------------------------------------------------------- Page 19

BID # 25-2552 TREE TRIMMING / REMOVAL Page 4 of 22

BID PROPOSAL CERTIFICATION

The undersigned proposes to provide all labor and/or materials in accordance with the terms and conditions, specifications, and bid prices as stipulated in this bid document.

Company Name

Address, City, State, Zip

Authorized Signature Name (typed) and Title

Telephone/Fax Numbers Date

Email Federal or Tax ID Number

Please enclose the W-9 form.

Contractor/Subcontractor DOL Registry Number

Any questions or comments please call:

Buyer: Margaret Mundry

Phone: 585-966-2387

BID # 25-2552 TREE TRIMMING / REMOVAL Page 5 of 22

IRAN DIVESTMENT ACT FOR

TREE TRIMMING/REMOVAL – BID #25-2552

By submitting a bid in response to this solicitation or by assuming the responsibility of a Contract awarded hereunder, Bidder/Contractor (or any assignee) certifies that it is not on the “Entities

Determined To Be Non-Responsive Bidders/Offerers Pursuant to The New York State Iran

Divestment Act of 2012” list (“Prohibited Entities List”) posted on the OGS website at:

http://www.ogs.ny.gov/about/regs/docs/ListofEntities.pdf and further certifies that it will not utilize on such Contract any subcontractor that is identified on the Prohibited Entities List. Additionally, Bidder/Contractor is advised that should it seek to renew or extend a Contract awarded in response to the solicitation, it must provide the same certification at the time the Contract is renewed or extended.

During the term of the Contract, should Greece Central School District receive information that a person (as defined in State Finance Law §165-a) is in violation of the above-referenced certifications, Greece Central School District will review such information and offer the person an opportunity to respond. If the person fails to demonstrate that it has ceased its engagement in the investment activity which is in violation of the Act within 90 days after the determination of such violation, then Greece

Central School District shall take such action as may be appropriate and provided for by law, rule, or contract, including, but not limited to, seeking compliance, recovering damages, or declaring the

Contractor in default.

Greece Central School District reserves the right to reject any bid, request for assignment, renewal or extension for an entity that appears on the Prohibited Entities List prior to the award, assignment, renewal or extension of a contract, and to pursue a responsibility review with respect to any entity that is awarded a contract and appears on the Prohibited Entities list after contract award.

Signature

BID # 25-2552 TREE TRIMMING / REMOVAL Page 6 of 22

NON-COLLUSION CERTIFICATION

Firm Name: ____________________________________________________________________________________

By submission of this bid proposal, the bidder certifies that he is complying with Section 103.d of the General Municipal Law as follows:

1. Statement of non-collusion in bids and proposals to political subdivision of the state. Every bid or proposal hereafter made to a political subdivision of the state or any public department, agency or official thereof where competitive bidding is required by statute, rule, regulation, or local law, for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed by the bidder and affirmed by such bidder as true under the penalties of perjury.

“a. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief:

(1) The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor;

(2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor; and,

(3) No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition.”

b. A bid shall not be considered for award nor shall any award be made where (a)(1)(2) and (3) above have not been complied with; provided that if in any case the bidder cannot make the foregoing certification, the bidder shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons thereof. Where (a)(1)(2) and (3) above have not been complied with, the bid shall not be considered for award nor shall any award be made unless the head of the purchasing unit of the political subdivision, public department, agency or official thereof to which the bid is made, or his designee, determines that such disclosure was not made for the purpose of restricting competition.

The fact that a bidder (a) has published price lists, rates, or tariffs covering items being procured, (b) has informed prospective customer of proposed or pending publication of new or revised price lists for such items, or (c) has sold the same items to other customers at the same prices being bid, does not constitute, without more, a disclosure within the meaning subparagraph one (a).

2. Any bid hereafter made to any political subdivision of the state or any public department, agency or official thereof by a corporate bidder for work or services performed or to be performed or goods sold or to be sold, where competitive bidding is required by statute, rule, regulation, or local law, and where such bid contains the certification referred to in subdivision one of the section, shall be deemed to have been authorized by the board of directors of the bidder, and such authorization shall be deemed to include the signing and submission of the bid and the inclusion therein of the certificate as to non-collusion as the act and deed of the corporation.

Signature: ___________________________________________

Title: _______________________________________________

Date: _______________________________________________

BID # 25-2552 TREE TRIMMING / REMOVAL Page 7 of 22

BID PRICE FORM

I - Felling Only

Tree size Scheduled Rate/tree

Up to and including 12" DBH $

13" up to and including 24" DBH $ TOTAL

25" up to and including 36" DBH $ $

37" and over DBH $

II - Felling and Removal

III - Tree Trimming

IV - Stump Grinding

Tree size Scheduled Rate/stump

V - Additional / Miscellaneous

Boom/Aerial Bucket Truck $ Hourly/Daily or $ Per Job

Chipper/Grinder $ Hourly/Daily or $ Per Job

Dump/Grapple Truck $ Hourly/Daily or $ Per Job

Skid Steer $ Hourly/Daily or $ Per Job

Sky/Track Lift $ Hourly/Daily or $ Per Job

VI - Emergency Services* Fixed Price Any Size $ _______ /emergency

*respond within 2 hrs

BID # 25-2552 TREE TRIMMING / REMOVAL Page 8 of 22

SPECIFICATIONS

SCOPE

The Greece Central School District (GCSD) seeks to secure the services of qualified contractor(s) to provide all necessary labor, supervision, equipment, services, and expertise required for tree trimming and removal as specified herein. Given the inherently hazardous nature of this work, it is essential that services are performed by a contractor whose employees possess advanced training and specialized skills in all aspects of tree service work.

Contractors must have a minimum of five years of experience in the tree service industry

Contractors must be registered with the DOL

The contractor(s) shall assume responsibility for the following tasks:

A. Remove or prune designated trees as instructed.

B. Reserve workspace along streets and property lines to ensure safety and accessibility.

C. Grind out stumps when trees are removed, if requested.

D. Remove excess materials and thoroughly clean the work site upon completion.

E. Guarantee compliance with the specified project requirements.

F. Maintain a safe working environment at all times.

DEFINITIONS

Reference: Reference to any other specifications or standards means the latest revision in effect on the date of invitation to bid. This set of specifications governs when a disagreement with a reference specification occurs.

Specified: Means as “specified” in the invitation to bid.

ANSI Z-133: American Standard of Tree Worker Safety.

ANSI A300: Standard Practices for Trees, Shrubs, and Other Woody Plant Maintenance.

DBH: Diameter at Breast Height (4.5’ above the ground level)

District: Greece Central School District (GCSD)

Contractor: A company that earns the majority of its annual revenue for pruning, removing, or maintaining trees and/or shrubbery.

BID # 25-2552 TREE TRIMMING / REMOVAL Page 9 of 22

WORK PROCEDURES

A. Equipment: All bidders must have in their possession or available to them by the formal agreement at the time of bidding: trucks, devices, chippers, hand tools, aerial and other equipment and supplies which are necessary to perform the work as outlined in these specifications. The District may inspect such equipment or agreements prior to the awarding of a contract.

B. Tree Location: Work limited to trees located on school-owned property. The Supervisor of Roads &

Grounds of GCSD shall assign all work under this contract to the contractor. The contractor shall meet with the Supervisor of Roads & Grounds on-site and provide a formal quote for each job request. The contractor will be responsible for notifying the appropriate utility authority before removing trees growing in the utility wires. The contractor will be responsible for any damage to utilities during the removal or pruning process.

C. Public Relations: GCSD will notify owners of neighboring properties affected should work impact or require access to neighboring property owners.

D. Supervision: Contractor consults with GCSD with details of scheduling of all work. The contractor has a competent person in charge of his work at all times to whom GCSD may issue directives and who shall accept and act upon such directives, and who reads, speaks, and writes English competently. Failure for the supervisor to act on said directives shall be sufficient cause to give notice that the Contractor is in default of contract unless such directives would create potential personal injury of safety hazards.

E. Inspections: GCSD inspects work at its discretion prior to invoice payment

F. Removal Specifications:

1. Removals will include felling, topping and other operations necessary to safely remove the assigned trees.

2. No trees or trunks are felled onto the pavement.

3. Work includes removal of basal sprout and brush and weeds within three feet of the trunk.

4. When requested, tree stumps will be ground out to a depth of six (6) inches below the normal surface level including all surface roots. Immediately after grinding each stump, the grindings must be removed from the work area.

5. Adjacent sidewalks, lawns, streets, and gutters will be cleaned.

6. Backfill consisting of clean earthen soil should be used to fill the cavity, free of debris, to normal ground level and seeded with an approved seeding mix. Do not backfill with wood chips.

7. All labor, supervision, equipment, materials, and supplies necessary for the execution of this work must be provided for by the contractor at no additional cost to the district.

8. All debris disposal will be provided by the contractor at no additional cost to the district. The chosen contractor will be required to follow the ANSI Z-133 Standards for tree worker safety.

G. Traffic Control: Is total responsibility of the Contractor. The contractor shall be solely responsible for pedestrian and vehicular safety and control within the worksite and shall provide the necessary warning devices, barricades, and personnel needed to give safety, protection, and warning to persons and vehicular traffic within the area. Blocking of public streets shall not be permitted unless prior arrangements have been made with the Town and is coordinated with the appropriate departments. Traffic control is the responsibility of the Contractor and shall be accomplished in conformance with State, County and Local highway construction codes.

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H. Utility Agencies: Are contacted by Contractor any time assistance is needed to work safely around overhead or underground installations. The District provides a list of principal contacts and telephone numbers for public and private utility organizations. Tree trimming and removal operations may be conducted in areas where overhead electric, telephone, and cable television facilities exist. The Contractor shall protect all utilities from damage, shall immediately contact the appropriate utility if damage should occur, and shall be responsible for all claims for damage due to his operations. The Contractor shall make arrangements with the utility for the removal of all necessary limbs and branches that may conflict with or create a personal injury hazard in conducting the operations of this contract. If the Contractor has properly contacted the utility in sufficient time to arrange for the required work by the utility, delays encountered by the Contractor in waiting for the utility to complete its work will not be the responsibility of the Contractor.

I. Safety: Work conforms to the latest revision of the American National Standards Institute Standard

Z-133.1 (Safety Requirement for Pruning, Trimming, Repairing, Maintaining, Removing Trees, and for

Cutting Brush). At the time a contract is entered into, the Contractor shall certify in writing to the District that all Contractor's employees working on this job are either ‘Qualified Line Clearance Tree Trimmers’ or

‘Qualified Line Clearance Tree Trimmer Trainees’, as defined in the above ANSI Z-133.1 Standards.

J. Clean Up: The worksite is left equal to or cleaner than pre-work conditions. Tree parts dropped or lowered from trees are kept off private property. It shall be the responsibility of the Contractor to remove and dispose in a proper and acceptable manner all logs, brush, and debris resulting from the tree maintenance operations.

Wood may be left when directed by GCSD.

K. Damages: Done by the Contractor to any person or property, public or private, are the total responsibility of the Contractor and are repaired or compensated for by the Contractor to the satisfaction of both the injured party and GCSD at no cost to the GCSD.

L. Payments: Payment shall be made according to each quote (actual number of Trees/Stumps removed).

M. Working Hours: The Contractor will schedule work between the hours of 7:00 a.m. and 6:00 p.m.

Monday through Saturday unless authorized by the district/town to do otherwise.

N. Emergency Services must be responded to within 2 hours of notification.

O. Subcontracts: The Contractor will not be allowed to subcontract work under this contract unless written approval by GCSD. Approved Subcontractors shall be subject to all terms and conditions of this contract.

Any subcontracted work must fully comply with the contract specifications. Instructions or directives given to the Subcontractor in the field shall be considered as if they were given directly to the Contractor.

P. Discontinuance of Work: Any practice deemed hazardous by GCSD must be immediately discontinued upon receipt of either written or verbal notification from GCSD.

Q. Compliance with Laws and Regulations: The Contractor shall, at all times during the term of this contract, comply with all applicable Federal, State, and Local laws, ordinances, rules, and regulations that govern or affect the performance of the work. This includes full compliance with all applicable statutes and regulations related to employment practices, including hiring, wages, and working conditions.

R. Supervision and Modifications: This contract shall be under the direct supervision of GCSD or its authorized representative. Any alterations or modifications to the work must be agreed upon in writing by both the Contractor and the GCSD-authorized representative before such changes begin. No claims for additional work or materials will be honored unless authorized in writing.

BID # 25-2552 TREE TRIMMING / REMOVAL Page 11 of 22

TERMS AND CONDITIONS

BID FORMS

Each bidder has been provided a complete set of bid forms. All bids must be submitted on District forms, signed and returned with the pricing form.

Any correspondence referring to the bid must include the District’s bid number.

METHOD OF AWARD

The Board of Education reserves the right to award a contract to a responsive and responsible bidder(s) who meets with all terms of the specification based on the lowest scheduled rate. However, the Board of

Education reserves the right to reject any and all bids if the rates are excessive, and if the Board deems said action be in the best interest of the District.

CONTRACT TERM

Contract shall be for one year starting with the date of contract award and run through June 30, 2026, with the option of renewing the contract for up to two (2) additional one (1) year periods at the mutual consent of both parties.

ADDITIONAL ITEMS

The District reserves the right to add to the contract additional items similar in nature to the items specified, at prices to be negotiated between the District and the vendor.

PRICES

All bid prices will be firm for forty-five (45) days after bid opening. The scheduled rate shall include the cost of all materials labor, excavation, backfill, and any equipment necessary to satisfactorily complete the work.

EXCEPTIONS

Any exceptions to this bid must be in writing and attached to the Bid Proposal.

PREVAILING WAGE STATEMENT

Please note that this Service Agreement requires the application of a prevailing wage schedule. The number associated with this Service Agreement is PRC# 2025004525. This schedule can be viewed on the New

York State Department of Labor website (www.labor.ny.gov) by entering the PRC# when prompted. On the home page, select Laws and Regulations, on drop-down box choose Prevailing Wage/Public Work. The

Bureau of Public Work page will open, select Prevailing Wage Schedules and Updates, from drop-down select, Access Previously Requested schedule, at the end of the first sentence, select Wage Rate Schedule online. Enter the PRC number in box and select Submit.

If you have any difficulty accessing the schedule, please contact the Buyer at the phone number listed below or our local Department of Labor at 585-258-4505.

WAGE RATES

Pursuant to the provision of Section 220-A of the New York State Labor Law as amended, the Contractor

(and his Sub-Contractors, if applicable) will be obligated to pay all workers in covered classes the applicable prevailing wage rates and supplements. The minimum hourly wage rate to be paid the various classes of labor performing work under this contract shall be in accordance with schedules which have been established or may hereafter be established or increased by the New York State Department of Labor during the contract term.

The labor rate per hour shall remain firm for the contract term unless established wage schedules are increased by the New York State Department of Labor. In the event such wages are increased by NYSDOL, the Contractor’s labor rate per hour may be increased in an amount exactly equal to that of NYSDOL wage schedules.

http://www.labor.ny.gov/

BID # 25-2552 TREE TRIMMING / REMOVAL Page 12 of 22

TERMS AND CONDITIONS (continued)

IMPORTANT! Contractors on the New York State Department of Labor Debarred list will not be considered for any award of this contract. By submitting a bid for consideration, the vendor is indicating to Greece Central School District that they are currently in good standing with the New York State Department of Labor at the time of the bid.

ESTIMATES

Prior to the start of any job, the Contractor must submit a quotation for the job cost, including materials and labor. The quote must be approved and a start work order issued before the Contractor is to proceed.

SCHEDULING

The Contractor is to arrange with the District’s representative and provide a proposed schedule of work before beginning job.

EXECUTION

The Contractor is to contact Roads & Grounds Group Leader, Rick VanEpps at 585-966-2763. The Group

Leader will work with the school administration.

INSPECTION

Exacting workmanship shall be enforced. The District will inspect the finished product. Non-compliance with the terms and conditions of this contract will be grounds for rejecting the work. All rejected work must be remedied prior to payment.

CLEAN-UP

On a daily basis and upon completion, the Contractor shall remove all waste materials, tools and equipment.

TIME OF COMPLETION

All work for a job must be completed within two (2) weeks after the start work order is issued, unless a different time is specifically agreed upon for that particular order, by the District’s representative.

ACCEPTANCE

This Contract expressly limits acceptance to the terms and conditions stated herein. Any additional or different terms proposed by the Contractor are rejected unless expressly agreed to in writing by an authorized representative of the School District. The Contractor shall perform all work in a manner generally accepted as standard procedures.

CHANGES

Should the District at any time during the progress of the work require or permit any alterations of, deviations from, additions to, or omissions from the contract, specifications, or plans, the District shall have the right to make such changes. The same shall in no way injuriously affect or make void the contract but should be added to or deducted from the amount of the contract price, as the case may be, by a fair and reasonable valuation.

Except as otherwise provided in this contract, no alteration of, deviations from, additions to, or omissions from the contract, specifications, or plans shall be made unless such change is authorized in writing by an authorized representative of the District.

PRICE CHANGES

Price changes may be proposed by either party no later than forty–five (45) days prior to contract extension based upon industry price trends. Should price changes not be acceptable to both parties, the contract will not be extended. Prices may change only once per year, at the time of an extension.

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UNCONTEMPLATED PURCHASES

The District reserves the right to request separate bids for such quantities of items that may be best procured via separate public bid and/or request for quotation and to otherwise act in furthering its own interests. The

District further reserves the right to negotiate more favorable prices with the Contractor should quantities change significantly to allow for a volume pricing discount.

PURCHASE ORDER ISSUANCE

Delivery of services may be directed by the receipt of a purchase order only. You are prohibited from supplying items that are not part of the bid project or substituting other items. Items supplied or services rendered that are not part of this bid project will not be paid for by Greece Central School District.

Exceptions may only be authorized by the District’s agent prior to delivery on that same purchase order or by issuance of another purchase order.

BILLING PROCEDURE/PAYMENTS

All invoices from this contract must contain bid number, purchase order number, quantity, description including number of trees /stumps removed. Payments of any claim or invoice shall not preclude the District from making claim for adjustments on any item found not to have been in accordance with the contract specifications.

ORDER OF PRECEDENCE

Should a contradiction appear within this bid document, the following order of precedence shall prevail:

1. Bid Terms and Conditions

2. Bid Specifications

3. General Conditions

4. Purchase Order Conditions

INDEMNIFICATION

To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the School District from and against claims, damages, losses and expenses, including but not limited to attorney’s fees, arising out of or resulting from performance of contracted services, provided that such claim, damage, loss or expense is attributed in whole or in part by negligent acts or omissions of the Contractor, his subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder.

INSURANCE REQUIREMENTS

The Contractor shall procure and maintain at his own expense throughout the contract term, insurance for liability for damages imposed by-laws for the kinds and amounts stated herein. The issuing insurance companies must be authorized by the New York State Insurance Department to issue coverage(s) within New

York State. All aspects of the contract must be covered. The amounts stated herein are minimum requirements.

Within five (5) days after the notice of award, the successful bidder shall furnish to the District a Certificate(s) of Insurance that clearly shows compliance as stated herein. The Greece Central School District shall be named as additionally insured by endorsement. Failure to comply may result in cancellation of the award.

NON-ASSIGNMENT

It is mutually understood and agreed that the Contractor shall not assign, transfer, convey, sublet, or otherwise dispose of the Contract or his right, title, or interest therein, or his power to execute such Contract, to any other person, company, or corporation, without the previous written consent of the District.

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CONTRACT TERMINATION

If the Contractor fails, after seven (7) days written notice, to supply enough properly skilled workmen or proper materials, or fails to prosecute the work with such diligence as will assure its completion pursuant to contract terms, or shall in any other respect commit a breach of their contract, the District may terminate the contract resulting from this bid without any further notice to the Contractor. Any and all costs, damages and other expenses incurred by the District as a result of this action shall be the direct liability of the Contractor.

EXECUTORY CLAUSE

This contract shall be deemed executory only to the extent of the monies appropriated and available for the purpose of the contract, and no liability on account thereof shall be incurred by the purchaser beyond the amount of such monies. It is understood that neither this contract nor any representation by any public employee or officer creates any legal or moral obligation to request, appropriate or makes available monies for the purpose of the contract.

FORCE MAJEURE

The Contractor shall not be held responsible for any losses resulting if the fulfillment of the terms of the contract shall be delayed or prevented by wars, acts of public enemies, strikes, fires, floods, or acts of God, or for any other acts not within the control of the Contractor and which by the exercise of reasonable diligence he is unable to prevent.

GOVERNING LAW

Any dispute arising under this Contract shall be governed by the law of the State of New York, County of

Monroe, Town of Greece. Any litigation under this Contract if commenced by Contractor, shall be brought in a Court of competent jurisdiction in the State of New York. However, if the New York law does not cover the issue in dispute or if there is a conflict between New York law and Federal law, i.e., decisions of the

Federal courts, regulations and statutes, the New York court shall apply the Federal law. Pending the resolution of any dispute, the Contractor shall proceed as directed by District in writing.

INQUIRIES

For general: Margaret Mundry, Buyer margaret.mundry@greececsd.org 585-966-2387

For technical assistance: James Warner, FOP Mechanical Technician james.warner@greececsd.org

585-966-2878 or 585-471-0609 (Cell) Question deadline May 13, 2025 11:00 AM

NEW YORK STATE SEXUAL HARASSMENT LAWS:

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 NYS labor law. A model policy and training has been created by the NYS Department of Labor and can be found here:

https://www.ny.gov/programs/combating-sexual-harassment-workplace

SERVICE LOCATION

Contractors are required to have a service location within a 50-mile radius of the District. This requirement is in relationship to the Contractor’s ability to perform the contract. Response times for tree service of a critical nature warrant a service provider located within a short distance of the District.

EMERGENCY WORK REQUEST

The Contractor must provide a telephone number or pager number where he can be reached twenty-four (24) hours per day, seven (7) days per week.

mailto:margaret.mundry@greececsd.org mailto:james.warner@greececsd.org https://www.ny.gov/programs/combating-sexual-harassment-workplace

BID # 25-2552 TREE TRIMMING / REMOVAL Page 15 of 22

SCHEDULE OF INSURANCE

INDEMNIFICATION

Not withstanding the limits of any insurance provided or maintained by the Contractor, the Contractor shall defend, indemnify, and hold harmless the Greece Central School District and its officers, employees and agents from that portion of all claims, actions, liabilities, damages, and costs (including, but not limited to, attorneys’ fees) of every nature and description arising out of or resulting from the acts, omissions, or negligence of the Contractor or their employees or agents. The Contractor’s duties and obligations pursuant to this paragraph shall survive the termination or expiration of this agreement and shall not be limited by any provision herein requiring the Contractor to maintain specific insurance coverage.

INSURANCE

The Contractor, at its own expense, shall procure and maintain the following insurance coverage with limits of liability not less than the limits specified:

Commercial General Liability

Premises/Operations $1,000,000 each occurrence

Products/Completed Operations $1,000,000 each occurrence

Contractual Liability $1,000,000 each occurrence

Independent Contractors $1,000,000 each occurrence

Personal Injury $1,000,000 each occurrence

Broad Form Property Damage $1,000,000 each occurrence

Bodily Injury and Property Damage Limit $1,000,000 each occurrence

Products/Completed Operations Damage Limit $1,000,000 each occurrence

Personal Injury and Advertising Injury Limit $1,000,000 each person or organization

General Aggregate Limit $2,000,000

The Greece Central School District and its officers, employees, elected officials and agents shall be named as Additional

Insured on a direct primary basis under the policy issued for Commercial General Liability coverage. An additional insured endorsement (CG2026, CG2010 or Equipment) must be provided to the district.

Automobile Liability $1,000,000 each accident

Owned, Hired, and Non-Owned Automobiles

Combined Single Limit for Bodily Injury and Property Damage

Excess “Umbrella Liability”

Providing excess coverage over the Commercial General Liability and the Auto Liability policies with limits not less than $5,000,000 each occurrence.

The Greece Central School district and its officers, employees and agents shall be named as Additional Insureds under the policy issued for Excess “Umbrella Liability” coverage.

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SCHEDULE OF INSURANCE (continued)

Workers’ Compensation & Employers’ Liability

Statutory coverage complying with New York Workers’ Compensation Law.

It is expressly understood and agreed by the Contractor that the insurance requirements specified above, except for

Professional Liability, contemplate the user of occurrence liability forms. If claims-made coverage is evidenced to satisfy any of the specified requirements, the Contractor shall comply with the following requirements:

1. If the claims-made coverage terms designate a specific retroactive date, the Contractor shall maintain a retroactive date which is not later than the earlier of the date of the commencement of the term of this agreement, or the original coverage retroactive date for the Contractor’s first claims-made policy for each and every coverage provided on a claims-made basis;

2. For the duration of this agreement or any subsequent renewals, if the retroactive date is advanced or if the policy is materially changed, cancelled, or not renewed, the Contractor shall purchase, at its own expense, an Extended

Reporting Period (“Tail” coverage) in compliance with the minimum standards prescribed by the Insurance Department of the State of New York in Regulation Number 121 (11 NYCRR 73) or its subsequent amendments or revisions; and,

3. Upon termination of the services provided to Greece Central School District by the Contractor, the Contractor shall maintain such claims-made coverage without interruption for a period of time equal to the length of any Extended

Reporting Period requirement as specified above. If the retroactive date is advanced or if the policy is materially changed, cancelled, or not renewed during this period of time, the Contractor shall purchase, at its own expense, an

Extended Reporting Endorsement that is in compliance with the minimum insurance standards prescribed by the

Insurance Department of the State of New York in Regulation Number 121 (11 NYCRR 73) or its subsequent amendments or revisions.

The insurance carriers providing the above coverage shall be licensed to do so in New York State and shall also be rated no lower than “A” by the most recent Best’s Key Rating Guide or Best’s Agent’s Guide or must be otherwise acceptable to Greece Central School District’s Board of Supervisors.

Upon execution of this agreement, the Contractor shall fully furnish the Greece Central School District with an original

“Certificate of Insurance” evidencing that policies of insurance are maintained which conform to the aforementioned insurance requirements.

All insurance policies required herein shall be specifically endorsed to provide that in the event of cancellation, non-renewal or material change on the part of the insurer, 30-days prior written notice shall be provided to the Greece Central

School District, P.O. Box 300, North Greece, New York 14515.

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TERMINATION OR SUSPENSION OF THE CONTRACT

1.1 Termination by the Owner for Cause

1.1.1 The Owner may terminate the Contract if the Contractor

.1 refuses or fails to supply enough properly skilled workers or proper materials or equipment to complete the Work in a diligent, efficient, timely, workmanlike, skillful, and careful manner;

.2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors;

.3 disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authority;

.4 otherwise is guilty of substantial breach of or default under a provision of the Contract

Documents;

.5 is substantially behind schedule as determined by the Owner;

.6 breaches any warranty made by the Contractor under or pursuant to the Contract Documents;

.7 fails to furnish the Owner with assurances satisfactory to the Owner evidencing the

Contractor’s ability to complete the Work in compliance with all requirements of the Contract

Documents;

.8 fails after commencement of the Work to proceed continuously with the construction and completion of the Work for more than 10 days, except as permitted under the Contract

Documents;

.9 fails or neglects to progress the Work in such a manner as to reasonably assure the completion of the Work with the Contract Time or in accordance with the Construction Schedule;

.10 refuses or fails to correct deficient Work performed by it;

.11 the Contractor’s progress of the Work is such that Substantial and/or Final Completion will not be achieved on or before the required completion dates, provided that the Contractor is not then entitled to an extension of Contract Time; or

.12 disregards the instructions of the Owner (when such instructions are based on the requirements of the Contract Documents).

1.1.2 When any of the reasons described in Section 1.1.1 exist, the Owner may, without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor’s surety, if any, seven days’ notice, terminate employment of the Contractor and may, subject to any prior rights of the surety:

.1 Exclude the Contractor from the site and take possession of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor;

.2 Accept assignment of subcontracts; and

.3 Finish the Work by whatever reasonable method the Owner may deem expedient. Upon written request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work.

1.1.3 When the Owner terminates the Contract for one of the reasons stated in Section 1.1.1, the Contractor shall not be entitled to receive further payment until the Work is finished.

1.1.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner, and this obligation for payment shall survive termination of the Contract.

.1 The costs of finishing the Work also include, without limitation, all reasonable attorneys’ fees incurred in responding to the default and enforcing the Owner’s rights under the Contract

Documents, additional title costs, insurance, additional interest because of any delay in completing the Work, and all other direct and indirect and consequential damages incurred by the Owner by reason of the termination of the Contractor as stated herein.

1.1.5 If the Owner wrongfully terminates the Contract for cause, the rights and obligations of the parties will be the same as if the Owner had terminated the Contract for convenience under Section 2.1.

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1.1.6 In the event that the Contractor, or the Contractor’s surety, challenges the Owner’s termination of the

Contract for Cause, and the Owner prevails in litigation in connection with such challenge, whether initiated by the Owner or by the Contractor and/or the Contractor’s surety, the Owner shall be entitled to its costs, including reasonable attorney’s fees, incurred as a result of such litigation, as part of any judgment against the Contractor and/or the Contractor’s surety. Such costs, including reasonable attorney’s fees, shall be deemed a cost of finishing the Work.

2.1 Suspension by the Owner for Convenience

2.1.1 The owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work, in whole or in part for such period of time as the Owner may determine.

2.1.2 The Contract Sum and the Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay, or interruption under Section 2.1.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent:

.1 that performance is, was, or would have been, so suspended, delayed, or interrupted, by another cause for which the Contractor is responsible; or

.2 that and equitable adjustment is made or denied under another provision of this Contract.

3.1 Termination by the Owner for Convenience

3.1.1 The Owner may, at any time, terminate the whole or any portion of the Contract for the Owner’s convenience and without cause upon not less than seven (7) days’ written notice to the Contractor.

Notwithstanding any other provision to the contrary in the Contract, the Owner reserves the right at any time and in its absolute discretion to terminate the services of the Contractor and/or the Work by giving written notice to the Contractor. This termination for convenience of the Owner provision allows and authorizes the

Owner to terminate this Contract at any time and for any reason whatsoever. This right may be exercised by the Owner in its complete discretion. Termination by the Owner under this Section shall be by Notice of

Termination delivered to the Contractor specifying the extent of termination and the effective date.

3.1.2 Upon receipt of written notice from the Owner of such termination for the Owner’s convenience, the

Contractor shall immediately and in accordance with instructions from the Owner:

.1 cease operations as directed by the Owner in the notice;

.2 take actions necessary, or that the Owner may direct, for the protection and preservation of the

Work;

.3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders; and

.4 proceed to complete the performance of the Work required under portions of the Contract not terminated, if any.

3.1.3 Upon receipt of written notice of the Owner’s exercise of such termination, the Contractor shall be entitled to, and the Owner shall reimburse the Contractor for, an equitable portion of the Contractor’s fee based on the portion of the Work completed before the effective date of termination and for items properly fabricated off-site, delivered and stored in accordance with the Owner’s instructions or the Contract Documents before such effective date. The

Contractor’s entitlement to payment for all such work shall be predicated on its performance of such work in accordance with the Contract Documents. The Contractor shall be entitled to no other payment and waives any claim for damages including, but not limited to, lost profits, any prospective loss, underutilization of personnel or equipment, unabsorbed overhead, and any and all items of consequential loss or damage. The Owner shall be entitled to credit against any payment to be made to the Contractor pursuant to this Section 2.1 the following: (1) payments previously made to the Contractor for the terminated portion of the Work; (2) claims which the Owner has against the Contractor under the Contract Documents; and (3) the value of the materials, supplies, equipment, or other items that are to be disposed of by the Contractor, the cost of which is included in the Contract Sum. Notwithstanding the foregoing, in the event of a termination under Section 2.1.1 prior to the issuance of a Notice to Proceed, the Contractor shall not be entitled to any compensation whatsoever.

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GENERAL CONDITIONS

All invitations to bid issued by the Greece Central School District will bind bidders and successful bidders to the conditions and requirements set forth in these general conditions, and such conditions shall form an integral part of each purchase contract awarded by the school district.

DEFINITIONS

“School District” - Shall refer to the Greece Central School District.

“Notice to Bidders” - A formal statement which, when issued by the school district, constitutes an invitation to bid on the materials, supplies, and equipment described by the specifications.

“Board” - Shall refer to the Board of Education of the Greece Central School District.

“Bid” - An offer to furnish materials, supplies, and/or equipment in accordance with the invitation to bid, the general conditions, special instructions, and the specifications.

“Bid Offer” - The form on which the bidder submits his bid.

“Bidder” - Any individual, company, or corporation submitting a bid.

“Contract” - A notice to the successful bidder by the issuance of a purchase order; also all documents relating to the transaction, including, but not limited to, the bid offer of the successful bidder, notice to bidders, general information, general conditions, special instructions, specifications, notice of award, bid proposal certifications; also a formal document signed by the successful bidder and the school district representative.

“Successful Bidder” - Any bidder to whom an award is made by the school district.

“Contractor” - Any bidder to whom a contract award is made by the Board of Education.

“Specification” - Description of materials, supplies, and/or equipment and the conditions for its purchase.

BIDS

1. The date, time, and place of bid opening has been given in the Notice to Bidders.

2. All bids must be submitted on bid offer forms and in accordance with instructions provided.

3. All bids received after the time stated in the Notice to Bidders will not be considered and the bidders will be so notified. The bidder assumes the risk of any delay in the mail or in the handling of the mail by employees of the school district. Whether sent by mail or by means of personal delivery, the bidder assumes responsibility for having his bid deposited on time at the place specified.

4. All information required by Notice to Bidders, General Conditions, Specifications and Bid Offer, in connection with each item against which a bid is submitted, must be given to constitute a regular bid.

5. The non-conclusive bidding certification must be signed and included with each bid as required by General Municipal Law, Section 103-d.

6. The submission of a bid will be construed to mean that the bidder is fully informed as to the extent and character of the supplies, materials or equipment required and a representation that the bidder can furnish the supplies, materials or equipment satisfactorily in complete compliance with the specifications.

7. No alteration, erasure, or addition is to be made in the typewritten or printed matter. Deviations from the specifications must be set forth in space provided in bid for this purpose.

8. Prices and information required should be typewritten for legibility. Illegible or vague bids may be rejected. All signatures must be written. Facsimile, printed or typewritten signatures are not acceptable.

9. Sales to school districts are not affected by any fair trade agreements (General Business Law, Section 369-a sub 3).

10. No charge will be allowed for Federal, State or municipal sales and excise taxes since the school district is exempt from such taxes. The price bid shall be net and shall not include the amount of any such tax. The purchase order issued by the District is the only evidence needed to substantiate tax exempt status.

11. In all specifications, the words “or equal” are understood after each article giving manufacturer’s name or catalog reference, or on any patented article. The decision of the school district as to whether an alternate or substitution s in fact “equal” shall be final.