BID 01-2026 Town Highway Boiler Replacement Project (FINAL).pdf

TOWN OF OSSINING

WESTCHESTER COUNTY, NEW YORK

CONTRACT NO. 01-2026

TOWN HIGHWAY DEPARTMENT

BOILER REPLACEMENT PROJECT

Prepared by:

16 CROTON AVENUE

OSSINING, N.Y. 10562

JOSEPH A. LECCE, P.E., P.C.

291 KNOLLWOOD ROAD, SUITE 211

WHITE PLAINS, NY 10607

OCTOBER 2026

Contract No. 01-2026 Town Highway Department Boiler Replacement Project

Notice to Bidders 2

TABLE OF CONTENTS

NOTICE TO BIDDERS

SECTION I – INFORMATION FOR BIDDERS

A. CONTENTS

B. DATE AND TIME FOR FILING BIDS

C. BID FORM

D. INFORMAL BIDS

E. ACCEPTANCE OF BIDS

F. BID SECURITY

G. ATTENTION DIRECTED

H. BIDDERS TO INVESTIGATE

I. QUESTIONS REGARDING CONTRACT DOCUMENTS

J. SCOPE OF WORK

K. TIME FOR COMPLETION

L. SEQUENCE OF CONSTRUCTION

M. EXISTING CONDITIONS

N. ABILITY AND EXPERIENCE OF BIDDER

O. BONDS REQUIRED

P. INSURANCE REQUIRED

Q. LICENSING

R. APPROVAL OF SUBCONTRACTORS

S. TAXES

T. SUPPLEMENTARY DEFINITIONS

U. SUBMITTAL OF PAYROLL RECORDS

V. OSHA REQUIRED TRAINING

W. MINORITY PARTICIPATION POLICY

X. PROTEST POLICY

Y. PROCUREMENT ETHICS

Z. CONFIDENTIALITY

AA. REGISTRATION SYSTEM FOR CONTRACTORS AND SUBCONTRACTORS

BB. ADDITIONAL REQUIREMENTS WHERE NEW YORK STATE GRANTS FUNDS ARE RECEIVED .. 27

CC. DUTIES OF CONTRACTORS AND SUBCONTRACTORS PERTAINING TO IMMIGRATION

ENFORCEMENT

SECTION II – BIDDER’S PROPOSAL

A. STATEMENT AND CERTIFICATION OF NON-COLLUSION

B. IRAN DIVESTMENT ACT OF 2012 CERTIFICATION

C. BIDDER’S QUALIFICATIONS

D. REGISTRATION FOR CONTRACTORS AND SUBCONTRACTORS

E. MINORITY AND WOMEN-OWNED BUSINESS CERTIFICATIONS

F. BIDDER’S ACKNOWLEDGMENT OF ADDENDA

G. BIDDER’S PROPOSAL

Notice to Bidders 3

SECTION III – CONTRACT AGREEMENT

A. PARTIES AND DEFINITIONS

B. AUTHORITY OF TOWN SUPERVISOR AND ENGINEER

1. B-1. General

2. B-2. Orders to Foreman

3. B-3. Alterations or Deletions

4. B-4. Access to Work, Places of Manufacture and Accounts

5. B-5. Inspection

6. B-6. Defective Work

C. RESPONSIBILITY OF CONSTRUCTION MANAGER

1. C-1. General

D. RESPONSIBILITY OF THE CONTRACTOR

2. D-1. General

3. D-2. Contractor's Obligation

4. D-3. Contractor to Provide Town Engineering

5. D-4. Contractor to Give Personal Attention

6. D-5. Contractor's Mistakes

7. D-6. Contractor to Employ Sufficient Labor and Equipment

8. D-7. Patents and Brands

9. D-8. Intoxicants

10. D-9. Prevention of Dust Hazard

1. D-10. Additional Contractor Responsibilities

E. TIME

1. E-1. To Begin Work

2. E-2. To Complete Work

3. E-3. Delay, Suspension and Extension

4. E-4. Liquidated Damages

5. E-5. Extension of Time for Completing the Work

6. E-6. Abandonment and Suspension

F. INSURANCE AND INDEMNITY

1. F-1. General

G. LABOR

1. G-1. No Discrimination in Employment

2. G-2. Hours of Work

3. G-3. Wage Rates and Supplements

H. LAWS AND REGULATIONS

1. H-1. General

2. H-2. Labor and Other Laws

3. H-3. Refusal to Testify

4. H-4. Permits

5. H-5. Notice to Consolidated Edison

6. H-6. Code 53 (16 NYCRR Part 753)

I. EXTRA WORK

1. I-1. Modifications and Extra Work

2. I-2. Payment for Extra Work

Notice to Bidders 4

3. I-3. Records

4. I-4. Subcontractors

5. I-5. Failure to Perform Extra Work

6. I-6. Extension of Time

7. I-7. Not to Affect Bonds

J. PAYMENT

1. J-1. Promises for Payment

2. J-2. Statements Showing Amounts Due Others

3. J-3. Amounts Due for Wages May be Withheld

4. J-4. Liens

5. J-5. Money May Be Retained

6. J-6. Prices for Work

7. J-7. Partial Estimates

8. J-8. Partial Payment

9. J-9. Withholding of Payments

10. J-10. Certificate of Substantial Completion

11. J-11. Semi-Final Payment

12. J-12. Acceptance of Semi-Final Payment Constitutes Acceptance

13. J-13. Final Completion and Final Estimate

14. J-14. Correction of Estimate

15. J-15. Five Percent to be Retained

16. J-16. Final Estimate to End Liability

K. PERIOD OF MAINTENANCE

1. K-1. General

2. K-2. Guarantee

3. K-3. Repairs

4. K-4. Manufacturer’s Equipment Certification

5. K-5. Final Certificate and Final Payment

L. MISCELLANEOUS CONTRACT DATA

1. L-1. Plans and Specifications Cooperative

2. L-2. Ownership of Materials

3. L-3. Village’s Representative Only

4. L-4. Limitation of Waiver Clause

5. L-5. Contract Binding on Successors

6. L-6. Assignment Restricted

7. L-7. Sub-letting

8. L-8. Contractor's Address for Service

M. EXECUTION OF CONTRACT AND ACKNOWLEDGMENTS

N. SAMPLE PERFORMANCE BOND AND ACKNOWLEDGMENTS

O. SAMPLE PAYMENT BOND (Labor and Materials) AND ACKNOWLEDGMENTS

SECTION IV – GENERAL REQUIREMENTS

A. SCOPE OF WORK

B. LINES

C. REPRESENTATIVE ALWAYS PRESENT

D. ALTERATIONS

Notice to Bidders 5

E. INFORMATION ABOUT QUANTITIES OF MATERIALS

F. CONTRACTOR’S SUBCONTRACT AND MATERIAL LISTS

G. EQUIVALENT QUALITY

H. CARE AND PROTECTION OF WORK

I. EXPLOSIVES AND BLASTING

J. WORK IN BAD WEATHER

K. NIGHT AND SUNDAY WORK

L. EXISTING UTILITIES: UTILITY SERVICE

M. NOTIFICATION OF UTILITIES

N. SANITARY REGULATIONS

O. PREVENTION OF DUST HAZARD

P. MAINTENANCE AND PROTECTION OF TRAFFIC, OBTAINING PERMITS

Q. GROSS LOADS HAULED ON HIGHWAY

R. CLEANING UP SITE

S. PHOTOGRAPHS

T. CLAIMS FOR DAMAGES CAUSED BY THE OWNER OR ITS AGENTS

U. QUALITY CONTROL

V. SITE SUPERVISION

SUBSTANTIAL COMPLETION RELEASE

FINAL COMPLETION RELEASE

SCHEDULE OF MINIMUM PREVAILING WAGE RATES

ADDITIONAL DOCUMENTS

ENGINEER’S DRAWINGS

Notice to Bidders 6

NOTICE TO BIDDERS

Notice to Bidders 7

NOTICE TO BIDDERS

NOTICE IS HEREBY GIVEN THAT the Town of Ossining will receive sealed bids at the Office of the Town Clerk, Municipal Building, 16 Croton Avenue, Ossining, N.Y. 10562 for the following contract(s):

CONTRACT NO. 01-2026

The principal feature of the work to be performed is the removal and installation of the existing steam boiler and burner and associated flue with one (1) new boiler and burner and new flue, including providing new boiler controls, steam & condensate piping, fuel oil piping reconnections to existing, new 4” concrete pad, rigging, boiler and flue removals, debris removal, and 4” concrete pad as indicated on plans. The Mechanical contractor shall be the prime contractor and shall retain all sub-trades to accomplish a “Turn Key” project. There are two Add Alternates: #1 for replacing two existing Steam unit heaters with new, and #2 for adding steam traps to the existing condensate system.

The bids shall be in accordance with the Specifications, Drawings and Terms of the proposed contract. These proposals will be received by Susanne Donnelly, Town Clerk, Town of Ossining, 16 Croton Avenue, First Floor, Ossining, N.Y. 10562 until 10:00 AM, Local Prevailing Time, on Tuesday, December 8, 2026, at which time they will be publicly opened and read with all interested members of the public able to attend and observe.

OBTAINING DOCUMENTS: The Contract Documents, including Drawings and Specifications, may be obtained beginning on Wednesday, November 4, 2026. Documents are available electronically only at no cost to prospective bidders at the following links:

https://www.bidnetdirect.com/new-york/townofossining or https://www.townofossiningny.gov/cms/departments/town-clerk.

Interested parties may also email Town Budget Officer Martha Quituisaca at mquituisaca@townofossiningny.gov for questions and/or a copy of the bid specs.

All Bids must be submitted to the Town Clerk’s Office before the aforementioned deadline in a sealed envelope bearing the name and address of the Vendor and marked “Bid for Town Highway Department Boiler Replacement Project”.

BID SECURITY: Each proposal must be accompanied by bid security in the amount of five percent (5%) of the bid, in the form of and subject to the conditions stipulated in the bid documents.

https://www.bidnetdirect.com/new-york/townofossining https://www.townofossiningny.gov/cms/departments/town-clerk mailto:mquituisaca@townofossiningny.gov

Notice to Bidders 8

PRE-BID MEETING: A mandatory pre-bid meeting is scheduled for Thursday, November 12, 2026 at 9:00 AM onsite, 85 Old Route 100, Briarcliff, NY 10510. Attendance at the meeting is necessary to bid on the project.

MINORITY PARTICIPATION POLICY: It is the policy of the Town of Ossining to include minority and women-owned businesses in our solicitations and to take affirmative steps to ensure that M/WBE’s have full participation in our procurement process.

TOWN RIGHTS: The Town reserves the right to waive any informalities in any proposals, or to reject any or all proposals and to advertise for new proposals.

BY ORDER OF THE TOWN BOARD

OF THE TOWN OF OSSINING

Susanne Donnelly Town Clerk

Dated: November 4, 2026 Ossining, New York 10562

Information for Bidders 9

SECTION I – INFORMATION FOR BIDDERS

Information for Bidders 10

A. CONTENTS

Attention of bidders is called to the contents of the Notice to Bidders, a copy of which is annexed hereto and made a part hereof. All the work in this contract is described in detail in the Plans and Specifications, Information for Bidders, Bidder's Proposal and Contract Documents, all of which are attached hereto and made a part hereof.

B. DATE AND TIME FOR FILING BIDS

Sealed bids will be received at the Office of the Town Clerk, Municipal Building, 16 Croton Avenue, Ossining, New York. All bids shall be received by 10:00 A.M., Local Prevailing Time, Tuesday, December 8, 2026 for the work herein mentioned, at which place and after which time they will be publicly opened and read aloud. No bid shall be received or considered after the time stated herein and any bids sent via U.S. mail or overnight carrier are at the bidder’s risk that they are not received by the Town Clerk prior to the designated bid opening.

All bids shall be enclosed in a sealed envelope and addressed as follows:

Bids for: Contract No. 01-2026

Attention: Susanne Donnelly, Town Clerk Municipal Building 16 Croton Avenue Ossining, N.Y. 10562

Opening: Tuesday, December 8, 2026 10:00 A.M. Local Prevailing Time

Information for Bidders 11

C. BID FORM

All bids must be upon the blank form for the proposal attached hereto, state the proposal price for each item of work both in words and in figures, and be signed by the bidder with its business address and place of residence. In case of any discrepancy, the written prices in words shall be considered the prices bid.

Bidders shall return with their bid proposal the following completed documents:

• Statement and certification of non-collusion – Compliance with section 103-d of the General Municipal Law (Bidder’s proposal at pages 30-32)

• Iran Divestment Act of 2012 certification (Bidder’s proposal at page 33)

• Bidder’s qualifications (Bidder’s proposal at pages 34-36)

• Registration for contractors and subcontractors (with current registration certificates) (Bidder’s proposal at page 37)

• Minority and women-owned business certification (Bidder’s proposal at page 38)

• Bidder’s acknowledgement of addenda (Bidder’s proposal at page 39)

• Bidder’s proposal (Bidder’s proposal at pages 40-41)

• Bidder’s proposal – itemized breakdown (Bidder’s proposal at pages 42-46)

• Bid bond, cashier’s check or certified check in the amount of 5% of the bid proposal.

All bids must be submitted to the Town Clerk in a sealed envelope endorsed with the name of the contract, the contract number, and the name of the person or entity making the same.

D. INFORMAL BIDS

The Town Board of the Town of Ossining may reject, as informal, bids which are incomplete, conditional, or obscure, or which contain additions not called for, erasures, alterations, or irregularities of any kind, or the Town Board may waive any such informality they may deem immaterial or non-prejudicial to the Town and other bidders.

The Town Board reserves the right to select the bid or proposal the acceptance of which will, in their judgment, best secure the sufficient performance of the work or to reject any or all bids.

E. ACCEPTANCE OF BIDS

Information for Bidders 12

No bid will be allowed to be withdrawn for any reason whatsoever after it has been deposited with the Town Clerk. No bid will be accepted from, or contract awarded to, any person who is in arrears with the Town of Ossining, upon debt or contract, nor who is in default, as surety or otherwise, upon any obligation to the Town of Ossining.

F. BID SECURITY

A certified check, cashier’s check, or bid bond in the amount of five percent (5%) of the proposal submitted must accompany each bid. Certified or cashier's checks shall be made payable to the Town of Ossining. Bid bonds must be issued by an approved bonding or insurance company, authorized to do business with the State of New York.

All bid deposits, whether check or bond, shall be held by the Town of Ossining, as security that the person or persons to whom the contract shall be awarded will enter into a contract therefore and give security for the performance thereof within ten (10) calendar days after notice of such award. Such bid deposit must be enclosed in the sealed envelope containing the bid.

Bid deposits will be returned to all except the three (3) lowest responsive and responsible bidders within ten (10) business days after the formal opening of the bid.

Bid deposits will be returned to the three (3) lowest responsive and responsible bidders within ten (10) business days after the Town and the accepted bidder have executed the contract, or, if no contract has been so executed, within forty-five (45) business days after the opening of the bids, or upon demand of the bidder at any time thereafter so long as the bidder has not been notified of the acceptance of its bid.

If the bidder to whom the contract has been awarded refuses or neglects to execute and deliver the same and furnish the security required within ten (10) calendar days after due notice that the contract has been awarded to it, the amount of the bid deposit made by said bidder shall be retained by the Town of Ossining as liquidated damages for such neglect or refusal, not as a penalty, and shall be paid into the General Fund of the Town of Ossining. But if the said bidder to whom the contract is awarded shall execute and deliver the contract and furnish the said security within the time specified, the amount of the bid deposit will be returned to said bidder.

The bidder by submission of this bid agrees with the Town of Ossining that the amount of said bid deposit represents the minimum amount of the damages the Town will suffer by reason of any default as aforesaid.

G. ATTENTION DIRECTED

Information for Bidders 13

The attention of the bidders is directed to those provisions of the Contract Agreement relative to:

Compliance with Laws Labor Conditions Wage Rates Insurance Required Bonds Required

H. BIDDERS TO INVESTIGATE

Bidders are required to submit their proposals upon the following express conditions, which shall apply to and become part of every bid received:

Bidders must satisfy themselves by personal examination of the location of the proposed work and by such other means as they may desire as to actual conditions and requirements of the work.

I. QUESTIONS REGARDING CONTRACT DOCUMENTS

In general, no answer will be given in reply to an oral question, if the question involves an interpretation of the intent or meaning of the plans or contract documents or the equality of use of products or methods other than those definitely designated or described in the specifications. All information given to bidders other than by means of the plans or contract documents or by Addenda as described below, is given informally and shall not be used as the basis of a claim against the Town of Ossining, the Town Supervisor, and Engineer.

To receive consideration, such question shall be submitted in writing to the Town Budget Officer (Mquituisaca@townofossiningny.gov) no later than one week after the mandatory pre-bid meeting.

The Budget Officer will arrange as Addenda, which shall become a part of the contract, all questions received as above provided, with their decision regarding each. At least three (3) calendar days prior to the receipt of bids, they will send a copy of these Addenda to each of those who has taken out the contract documents.

MANDATORY PRE-BID JOB MEETING: The bidders are advised that a mandatory pre-bid job walk-through will be held by the Town for the purpose of introducing the project and the

Information for Bidders 14 location and addressing contractors’ questions during the bidding process. The conference will be held as follows:

Date: Wednesday, November 12, 2026 Time: 9:00 a.m.

Place: 85 Old Route 100, Briarcliff, NY 10510

Any RFI’s or questions for the project must be received by Wednesday, November 25, 2026 by 10:00 AM via email to the Town Budget Officer Martha C. Quituisaca (Mquituisaca@townofossiningny.gov).

All contractors who will be submitting bids for this work must have a representative present at the pre-bid meeting. No bid received for this work will be considered for contract award unless a bidder representative was present at the aforesaid pre-bid meeting.

J. SCOPE OF WORK

The principal feature of the work to be performed is the removal and installation of the existing steam boiler and burner with one (1) new steam boiler and burner, with new and all associated electrical, new flue. Fuel oil piping, steam & condensate piping, supports, controls, rigging, demolition and debris removal.

Refer to plans M-001, M-101, M-201, M-202, M-300, M-301, M-401, E-001, E-201, E-301, dated October 30, 2026.

Instructions to Bidders:

1. This Contractor will be a prime contractor for all new mechanical contracting, general contracting, and rigging work, including all control, electrical, plumbing, fire alarm and structural work for all upgrades and components identified in the Contract Documents.

The Contractor is responsible for all complete work including but not limited to: a) purchasing, delivering and installing all new equipment, b) ordering, installing, and coordinating all other equipment on plans and rigging equipment, and c) all required general contracting work including wall removal and replacement, planning, protection of areas of work, phasing, overtime as required, programming, coordination with Town of Ossining Highway Department and others, demolition, debris removal, warranties, start-up, and commissioning of all new and retrofitted mechanical systems. The Contractor shall be prime for all trades including electrical and controls contractors as retained by this Contractor and performing all integrated work (i.e. mechanical and general contract work, steel work, rigging, control coordination, electrical coordination, Information for Bidders 15 fire alarm, plumbing, etc.). The Contractor shall retain the general contractor, electrical, fire alarm, plumbing, steel, and control contractors, or others as required for a “turn key” operation.

2. This Contractor shall retain the services of the electrical, plumbing, and fire alarm contractors required for a complete installation. All permit costs, if any, protection, etc. shall be included as part of the Contractor’s Base Bid.

3. This Contractor shall retain all contractors required for rigging all equipment. As part of the base bid, the Contractor shall include all permits, road closure permits, road and parking lot closures, etc. in its base bid. All rigging work is to take place on weekends.

4. This Contractor shall retain all contractors required for all necessary reinforcing and structural steel work and all required controlled inspections. As part of the Base Bid, the Contractor shall include design and filing with the Town of Ossining Building Department and include all labor, materials, design, and permit costs, including the provision of all signed and sealed plans and documents by a NYS professional engineer, the performance of all required controlled inspections by a NYS professional engineer, and the final closeout with the Town of Ossining Building Department, etc.

5. This Contractor shall retain all contractors required for all necessary general contracting work. As part of the Base Bid, the Contractor shall include all permit costs, filing with the Town of Ossining Building Department, including providing all signed and sealed plans and documents by a NYS registered architect as required, performing all required controlled inspections by a NYS professional engineer, etc.

6. All contractors must abide by Town and Building Department regulations and the Building Contractor’s Safety Program and Building Rules and Regulations. The prime Contractor must provide acknowledgement in writing that these documents have been reviewed in detail and all required scope is to be included in bid prices.

7. The Contractor must provide all certificates of insurance as required by the Town and Town of Ossining Building Department for permitting.

8. The Town of Ossining building permit will be filed by the Contractor and the individual trade contractors and all fees will be paid by the associated contractor. The Contractor and subcontractors shall be responsible to file respective permits and assure all insurances are on file and current with the Town of Ossining Highway and Building Departments. The Town will waive all permit fees within its jurisdiction.

9. The Contractor will provide a construction schedule - end of construction to be:

Information for Bidders 16

a. Boiler Project Award: Tuesday, December 15, 2026

b. Boiler to be ordered and delivered by this contractor by Thursday, December 31, 2026

c. Boiler Work Including Removal of existing, New Boiler, Flue, Controls, Piping and Fuel Pipe installations: End of Day – Sunday, January 10,

d. Add Alternate Work #1&2 if awarded to be Friday, January 29, 2027

10. The Contractor is expected to provide, at the first job meeting, a construction schedule detailing all phases of work by trade on a weekly basis. Long lead items and questionable items shall be highlighted with milestones for critical dates which will ensure for a timely completion of the project.

11. The fixed contract price will not be changed except through change orders authorized by the Owner and Engineer.

12. The Contractor is expected to provide all appropriate back-up to change orders including labor estimates and material costs.

13. The Contractor is expected to provide all appropriate unit prices for all bid components, including labor estimates and material costs.

14. The Contractor shall provide Add Alternate prices for all items listed in the plans and Bid Form attached, including all labor and materials.

15. The Contractor will be responsible for the transportation of all required construction materials, labor, and equipment to the job site and for the removal of all debris from the building on a periodic basis. This work shall comply with the Owner’s requirements.

The Town of Ossining will allocate an area for a dumpster to be located during construction.

16. All noisy and excessively dirty construction that is disruptive must be fully coordinated with the Town. All overtime work will be scheduled and coordinated between the Town and the Contractor and will be reflected in all bids.

17. The Contractor shall be able to provide full security clearance for all employees being utilized for on-site installations.

18. The Contractor shall use the Bid Proposal Forms in submitting a bid. Failure to use the Bid Forms will disqualify the bidder.

Information for Bidders 17

19. The Contractor is responsible for all protection including roof, gym, pool, elevators, stairs, existing equipment, etc. The Contractor is responsible for providing all preparation and clean up. Removal and disposal of all temporary protection at the end of the project is also the responsibility of the Contractor.

20. The Contractor is responsible for all firestopping, patching, and painting to match existing conditions for all impacted areas of work, core drills and required roof or slab x-rays.

21. The Contractor is responsible for all demolition and removal/carting of debris from the site associated with the work.

22. Bids shall include all labor and materials needed to fully complete the project.

23. The Contractor shall provide a full-time project manager/supervisor who will have complete authority to enter into discussions and agreements with the Engineer and Town in the name of the Contractor.

24. The Contractor shall provide, at the second job meeting, a schedule of expected shop drawings and submittal delivery dates coordinated with project schedule.

25. All shop drawings must be submitted by the 2nd week of the project to the Engineer for approval and acceptance.

26. Delivery schedules of the required equipment needs to be integrated into the Contractor’s schedules and pricing. All work to accomplish the schedule, including all overtime and re-mobilization as called for, should be included in the schedules and pricing.

27. Bi-Monthly meetings will be required with the Town, major sub-contractors, and Contractor to chart schedule and progress. Contractor to provide minutes of meeting to all present.

28. The Contractor and sub-contractors are expected to visit the site at least one time in order to familiarize themselves with existing conditions and possible access problems.

Additional site arrangements can be made through the Town of Ossining. Contact, Highway Superintendent Pete Connolly (Pconnolly@townofossiningny.gov). Please provide five (5) business days advance notice.

29. Bid submission indicates that the Contractor and sub-contractors fully understand the scope and intent of the Contract Documents. No extras arising from misinterpretation or misunderstanding of the Contract Documents will be entertained. Questions should

Information for Bidders 18 be directed in written format to Town Budget Officer Martha Quituisaca (Mquituisaca@townofossiningny.gov).

K. TIME FOR COMPLETION

It is the purpose of the Town Engineer to build the works under his charge in the shortest period of time consistent with good construction. A complete and well-designed construction plan and effective organization will be insisted upon.

The attention of the prospective bidders is especially directed to the contract requirements as to the time of the beginning work, the rate of progress and the time allowed for construction and completing the work, as set forth herein and elsewhere in this contract.

The main boiler work shall be substantially completed on or before Twenty Five (25) calendar days after written Notice to Proceed.

TIME OF THE ESSENCE: The time in which the contract is to be completed is of the essence of this contract. The bidder must include with their bid at the time of submittal a detailed construction schedule, a listing of labor and equipment to be assigned to the contract including that of all proposed subcontractors, and the name and experience record of the superintendent to be assigned to the work who must be at the site during the full course of the work. If, in the opinion of the Town, any bidder fails to demonstrate that he has suitable capital, experience, labor and plant to complete the work within the prescribed time of completion, the Town will consider its bid informal and non-responsive and reject any such bid from further consideration.

L. SEQUENCE OF CONSTRUCTION

The work shall be carried out in the order and sequence directed by the Town Supervisor or their authorized representative.

As noted earlier in this section, the bidder must submit a detailed construction plan with the bid proposal demonstrating the ability to complete the work in the time allotted. This plan shall include as a minimum:

1. Name and experience of the superintendent and crew foremen to be assigned to the work. Names and telephone numbers of Contractor’s after-hours emergency contact personnel.

2. List of equipment to be assigned to the work including that of any proposed subcontractors. If equipment is not owned by the Contractor or

Information for Bidders 19 subcontractor(s), the bidder shall submit a letter from the rental supplier stating that, should the bidder be awarded the contract, the equipment would be available for the duration of the work.

3. Number and classification of employees to be assigned to the work including those of any proposed subcontractors.

4. A detailed work schedule by phase, with identifiable start and finish dates for the various items of work shall be completed and provided as part of the bid submission in accordance with the proposed construction schedule. The work schedule shall include:

a. Mobilization of labor, materials, and equipment.

b. Time duration for installation of boiler B-1.

c. Clean up the site area.

d. Equipment delivery needs to be incorporated into all phasing and schedules.

M. EXISTING CONDITIONS

Bidders must satisfy themselves by a personal examination of the location of the proposed work and/or by such other means as they may prefer, as to the actual conditions and requirements of the work and shall not at any time after submission of a bid assert or claim that there was any misunderstanding in regard to the nature of the work or the conditions affecting the work.

N. ABILITY AND EXPERIENCE OF BIDDER

It is the purpose of the Town of Ossining not to award this contract to any bidder who does not furnish evidence satisfactory to the Town that it has ability and experience in this class of work, that it has sufficient capital and plans to enable it to prosecute the same successfully and to complete it in the time named.

The Town may make such investigations as it deems necessary to determine the ability of the bidders to perform the work. Information regarding experience, financial resources and facilities shall be submitted in the Bidder's Proposal. The Town Board reserves the right to

Information for Bidders 20 reject any proposal if the evidence submitted by or the investigations of such bidder fails to satisfy it that such bidder is properly qualified to carry out the work contemplated under this contract.

O. BONDS REQUIRED

For the performance of the contract, a performance bond and labor and materials payment bond will be required, each of which shall be in the amount of one hundred percent (100%) of the contract price, shall be in the annexed forms, shall be signed by the party to whom the work is awarded and by a solvent fidelity or surety company authorized by the laws of this State to transact such business, and must meet with the approval of the Town as to adequacy, form and correctness.

The bidder to whom a contract is awarded shall be prepared to attend at the Office of the Town Clerk to execute the contract, to furnish all required bonds, and to furnish the required insurance or acceptable binders or certificates within ten (10) days after written notice from the Town Supervisor that the contract has been awarded to them. In case of failure or neglect to do so they may be deemed to have abandoned the contract as in default to the Town under the provisions set for above.

If, at any time after the execution and approval of this contract and the performance and payment bonds required by the contract documents, the Town of Ossining shall deem any of the sureties upon such bond to be inadequate security for the Contract, the Contractor shall, within five (5) days after notice from the Town of Ossining, furnish a new or additional bond in form, sum and signed by such sureties as shall be satisfactory to the Town of Ossining. No further payment shall be deemed due nor shall any further payment be made to the Contractor unless and until such new or additional bond shall be furnished and approved. Premiums on such bonds will be paid for by the Contractor.

P. INSURANCE REQUIRED

The attention of bidders is called to the fact that the Contractor shall be required to take out and continue in effect during the life of the contract insurance with the provisions fully set forth elsewhere in this contract and in the amounts specified herein. If binders or certificates are accepted temporarily, bidders should note that policies must be furnished and approved before any payment will be made under a contract.

Information for Bidders 21

Q. LICENSING

All contractors must be properly licensed by all required municipal and/or other regulating entities to perform all matters of business required by this Contract prior to the execution of work.

R. APPROVAL OF SUBCONTRACTORS

The Town of Ossining reserves the right of approval or disapproval of any or all Subcontractors.

S. TAXES

The Town of Ossining is exempt from payment of all State and local sales and compensating use taxes of the State of New York and of cities and counties on the purchase of all materials and supplies incorporated in and becoming an integral component part of the work, structures, buildings or real property. Such taxes shall not be included in the Price Bid. This exemption does not, however, apply to tools, machinery, equipment or other property purchased by or leased to the Contractor or a subcontractor or to supplies, machinery, equipment and materials which, even though they are consumed in the performance of the Contract, are not incorporated into the completed work. The Contractor and all subcontractors shall be responsible for and shall pay any and all applicable taxes, including sales and compensating use taxes, on such tools, machinery, equipment or other property and upon all such unincorporated supplies and materials.

The Town of Ossining will furnish the required certificates of tax exemption to the Contractor for use in the purchase of supplies and materials to be incorporated into the work.

The Contractor and all subcontractors and material suppliers shall be solely responsible for obtaining or delivering any and all exemption or other certificates and for furnishing a Contractor Exemption Purchase Certificate or other appropriate certificates to all persons, firms or corporations from whom they purchase supplies, materials and equipment for the performance of the work.

T. SUPPLEMENTARY DEFINITIONS

Wherever reference is made to any published standards, codes or standard specifications, it shall mean the latest standard, code, specification or tentative specification of the technical society, organization or body referred to, which is in effect at the date of the Notice to Bidders.

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Where specified articles, sections, paragraphs or other subdivisions of the referenced publications are not stated, the referenced publication shall apply in full.

The following is a partial list of typical abbreviations that may be used in the specifications and the organizations to which they refer:

AASHTO American Association of State Highway and Transportation Officials AIA American Institute of Architects ACI American Concrete Institute ACIFS American Cast Iron Flange Standards AGA American Gas Association AGMA American Gear Manufacturer Association AISC American Institute of Steel Construction ANSI American National Standards Institute ASME American Society Mechanical Engineers ASTM American Society for Testing and Materials AWS American Welding Society AWWA American Water Works Association API American Petroleum Institute EEI Edison Electric Institute Fed Spec Federal Specifications IEEE Institute of Electrical and Electronic Engineers IPCEA Insulated Power Cable Engineers Association NBC National Building Code NEC National Electric Code NEMA National Electrical Manufacturers Association NPC National Plumbing Code NSF National Sanitation Foundation NYSBCC New York State Building Construction Code OSHA Occupational Safety and Health Administration

STANDARD SPECIFICATIONS - The STANDARD SPECIFICATIONS, CONSTRUCTION AND MATERIALS, latest version, and any ADDENDA as prepared by the New York State Department of Transportation.

The Contractor shall, when required, furnish evidence satisfactory to the Town Supervisor that those materials and methods are in accordance with such standards where so specified. Should any questions arise as to the application of these standards, the Contractor shall supply copies on site. The same procedure shall be followed in regard to manufacturers' instructions and recommendations.

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U. SUBMITTAL OF PAYROLL RECORDS

The Contractor must submit certified transcripts of his or her payroll records and all subcontractor payroll records with each request for payment. Said payroll transcripts must include all work performed under this Contract for the period of time covered on the accompanying payment request.

Pursuant to New York Labor Law section 220(3-a)(a)(iv) the Town of Ossining as the Department of Jurisdiction is required to maintain such original payroll records or transcripts thereof for five years from the date of completion of the work on the awarded contract. The Town of Ossining Budget Officer Martha Quituisaca (Mquituisaca@townofossiningny.gov) shall be responsible for the receipt, collection and review of the facial validity of payrolls.

The Contractor and all Subcontractors shall comply with the requirements of New York Labor Law section 220-j, Payroll Reporting Requirements.

V. OSHA REQUIRED TRAINING

OSHA 10-hour Construction Safety and Health Course:

This provision is in addition to the existing prevailing wage rate law (New York Labor Law section 220). Labor Law section 220-h requires that on all contracts for the construction, reconstruction, maintenance and/or repair of public work to which the state or a municipality is a party, where the total cost of the work to be performed under the contract is at least $250,000, all laborers, workers and mechanics employed in the performance of the contract on the public work site as contractor, sub-contractor or other person doing or contracting to do all or part of the work shall be certified prior to performing any work on the project as having successfully completed a course in construction safety and health approved by the United States Department of Labor’s Occupational Safety and Health Administration which course is at least 10 hours in duration.

The Contractor will submit certification of each on-site employee’s OSHA-certified completion of this course to the Town Supervisor, or his/her designated representative, prior to beginning work on site. These certifications will be randomly audited by the Town of Ossining against certified payroll records submitted with payment requests.

Any questions regarding this statute should be directed to the New York State Department of Labor, Bureau of Public Work, at 518-485-5696.

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W. MINORITY PARTICIPATION POLICY

It is the policy of the Town of Ossining to include minority and women-owned businesses in the Town’s solicitations and to take affirmative steps to ensure that MWBEs have full participation in the Town’s procurement process. The Town of Ossining will use its best efforts to encourage, promote and increase participation of business enterprises owned and controlled by persons of color or women (MBE/WBE) in contracts and projects funded by the Town and to develop a policy to efficiently and effectively monitor such participation. Nothing herein shall be construed to authorize the Town of Ossining to award any contract in violation of the competitive bidding laws of New York State (General Municipal Law section 103) or the Local Laws of the Town of Ossining.

X. PROTEST POLICY

1. It is the policy of the Town of Ossining to provide all bidders with an opportunity to administratively resolve complaints or inquiries related to bid solicitations or pending contract awards. The Town encourages bidders to seek resolution of complaints concerning the contract award process through consultation with the responsible Department Head and Town Supervisor. All such matters will be accorded impartial and timely consideration.

2. It is strongly recommended that Town staff encourage, be receptive to and resolve issues, inquiries, questions and complaints on an informal basis, whenever possible.

Information provided by any interested party should be fully reviewed by the Department Head and the Town Supervisor. Responses to the inquirer should indicate the existence of a formal protest policy available to them should the informal process fail to resolve the matter. Staff should document the subject matter and results of any informal inquiries.

3. Bidders may file formal written protests. Final Town determinations or recommendations for award generally may only be reconsidered in the context of a formal written protest. Any potential bidder, who believes it has been aggrieved in the drafting or issuance of a bid solicitation, request for proposals or by a pending contract award, may present to the Town Supervisor a formal complaint and request administrative relief concerning such action (“Formal Protest”).

4. Formal Protests which concern the drafting of bid solicitations or requests for proposals must be received by the Town Supervisor at least ten (10) business days before the date set in the solicitation for receipt of bids or date to submit responses to a request for proposals. If the date set in the solicitation for receipt of bids is less than ten (10)

Information for Bidders 25 business days from the date of issue, Formal Protests concerning the bid document must be received by the Town Supervisor at least twenty-four (24) hours before the time designated for receipt of bids.

5. Formal Protests concerning a pending contract award must be received within ten (10) business days after the protesting party knows or should have known of the facts which form the basis of a protest.

6. A Formal Protest must be submitted in writing to the Town Supervisor by mail, facsimile transmission or e-mail. The formal protest must include; a) a statement of all grounds for disagreement with the Town’s bid solicitation or procurement determination; b) a description of all remedies or relief requested; and c) all applicable supporting documentation. Protests should be delivered to the Town Supervisor at 16 Croton Avenue, Ossining, New York 10562 or by email at feldman@townofossiningny.gov.

7. Formal Protests may be resolved through written correspondence, and/or either the protesting party or the Town Supervisor may request a meeting to discuss a Formal Protest. The Town Supervisor will conduct a review of the records involved in the protest. If a Formal Protest is received related to the bid solicitations, a final determination on the protest should be made prior to approval of the award. However, during the pendency of the protest, bid evaluation and review of the recommended award may continue to be conducted at the discretion of the Town Supervisor.

8. A copy of the Town Supervisor’s decision stating the reasons upon which it is based and informing the protester of the right to appeal an unfavorable decision to the Town Board shall be sent to the protesting party within twenty (20) business days of receipt of the protest, except upon notice to the protesting party, the period may be extended.

The Town Supervisor’s determination shall be included in the bid file. If the Town Supervisor determines that there are compelling reasons, including the need to proceed immediately with the contract award in the best interest of the Town, then the protest procedure herein may be suspended and such determination shall be documented in the procurement documents.

9. Should the protesting party be dissatisfied with the protest determination, a written appeal may be directed to the Town Board by mail at 16 Croton Avenue, Ossining, New York 10562 or by email at tc@townofossiningny.gov. Written notice of appeal must be received no more than ten (10) business days after the decision is sent to the protesting party. Unless a timely Notice of Appeal is received, the decision of the Town Supervisor shall be a final determination. The decision of the Town Board shall be issued within twenty (20) business days of receipt of the notice of appeal. The appeal to the Town mailto:BOT@villageofossiningny.gov

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Board may not introduce new facts unless responding to issues raised by the Town Supervisor in the initial Formal Protest determination.

Y. PROCUREMENT ETHICS

1. Procurements are an expenditure of public monies, and public employees must always ensure that all procurements are conducted so as not to cause any concern that special considerations have been shown to a bidder/proposer. Actions such as providing a bidder/proposer with information that is not available to other bidders/proposers or accepting a gift from a potential contractor could be construed as showing favoritism, and may violate state and/or Town law. Attention is called to General Municipal Law Article 18 and Town of Ossining Code Chapter 20.

2. Contractors and their representatives have a responsibility to deal ethically with the

Town and its employees, and to respect the ethical duties of Town employees.

Information provided by contractors to the Town must be complete and accurate.

Contractors must at all times avoid conduct that is in restraint of competition.

Contractors must not request Town employees to engage in conduct that would violate the law.

3. Pursuant to Town Code § 20-10(D), “the Town Attorney shall cause each person or legal entity signing a contract with the Town providing for payments in excess of $25,000 to be given a code of the Code of Ethics and such person or legal entity subject to this provision shall be required to acknowledge receipt thereof, in writing, unless the Code of Ethics in reference in and attached to the contract.”

Z. CONFIDENTIALITY

To provide the requested services, it may be necessary for the Town and the bidder to disclose certain confidential information to each other. All confidential information shall be marked CONFIDENTIAL. The Town and the bidder agree not to disclose any confidential information to a third party unless: i) disclosure is required by law and, if so, advance written notice of disclosure (minimum of three business days) is given; ii) the information actually and demonstrably was known to the disclosing party before it was obtained from or developed in cooperation with the other party; iii) the information was obtained or acquired by the disclosing party in good faith from a third party who acquired it in good faith and who is not under any direct or indirect obligation of secrecy to the other party; iv) the information is or becomes available to the public, in general, through a widely disseminated publication where such publication does not arise directly or indirectly from the breach of any obligation of

Information for Bidders 27 confidentiality to the other party; or v) a written release is obtained by the disclosing party from the other party.

AA. REGISTRATION SYSTEM FOR CONTRACTORS AND SUBCONTRACTORS

Section 220-i of New York’s Labor Law, effective December 30, 2024 requires contractors and subcontractors covered by the Labor Law to register with the Commissioner of Labor (220-i(2)).

The project detailed in this document is a “covered project” under the Labor Law including section 220-i. The law further requires:

• No contractor shall bid on a contract for public work unless such contractor is registered pursuant to this section. In the case of a covered project subject to section 224-a or 224-d of this article, or other projects that are privately owned and subject to the provisions of this article, contractors must register prior to commencing any work on a covered project. Subcontractors must be registered prior to commencing any work on a covered project. Further, each contractor must submit their certificate of registration at the time the bid is made.

Applications for registration shall not be accepted as a substitute for a certificate of registration for the purposes of this section. (220-i(6))

• A contractor who bids on a contract for public work knowing that it is not registered, or allows a subcontractor to commence work on a covered project that it knows or should have known is not registered pursuant to subdivision six of this section shall, after notice and a hearing, be subject to a civil penalty of up to $1,000. A contractor or subcontractor who commences work on a covered project knowing that it is not registered or contracts with a subcontractor that it knows or should have known is not registered for work on a covered project shall, after notice and hearing, be subject to a civil penalty of up to $1,000. (220-i(8)(a))

BB. ADDITIONAL REQUIREMENTS ONLY APPLICABLE WHERE NEW YORK STATE GRANTS

FUNDS ARE RECEIVED

INTENTIONALLY OMITTED

CC. DUTIES OF CONTRACTORS AND SUBCONTRACTORS PERTAINING TO IMMIGRATION

ENFORCEMENT

General Municipal Law Article 19-D, effective May 20, 2026, “Duties of Municipal Governments and their employees pertaining to immigration enforcement” defines “municipal government

Information for Bidders 28 employee” as, “any individual employed by a municipal government; or any contractor or subcontractor while performing services on behalf of a municipal government…” Pursuant to General Municipal Law section 996-a contractors or subcontractors while performing work for the Town shall not:

Disclose to an immigration authority or employee thereof an individual’s personally identifiable information which includes the person’s name, social security number, physical description, associated addresses, telephone numbers, financial information, medical information, education or place of employment.

“Immigration authority” means, “an agency that primarily enforces immigration law including, but not limited to, United States Immigration and Customs Enforcement or United States Customs and Border Protection, and any successor agencies having similar duties; or a federal agency making a request or taking enforcement action pursuant to the civil enforcement provisions of the federal Immigration and Nationality Act.” (Executive Law section 319(3))

Question, investigate, or interrogate an individual solely on the basis of an immigration detainer, a civil immigration warrant or for the sole purpose of immigration enforcement.

Inquire about a person’s citizenship, immigration status, nationality, or country of origin.

Collect information about a person’s citizenship, immigration status, nationality or country of origin.

Grant permission to access or facilitate access to non-public areas of property owned or operated by or under the control of the Town of Ossining to an immigration authority or employee thereof.

Use an immigration authority or employee thereof as an…