Bid Notice.pdf

VILLAGE OF PORT CHESTER

REQUEST FOR BIDS

BID No. 2026-11

PREVENTATIVE MAINTENANCE AND ON-CALL

HVAC SERVICES

NYS Department of Labor Rate Schedule: PRC #2026019854

STUART L. RABIN

VILLAGE MANAGER

RELEASE DATE: Monday, July 13, 2026 DEADLINE FOR BIDS: Monday, July 27, 2026, at 3:00 PM

PUBLIC NOTICE

VILLAGE OF PORT CHESTER

PREVENTATIVE MAINTENANCE AND ON-CALL HVAC SERVICES

BID No. 2026-11

NOTICE IS HEREBY GIVEN that sealed bids will be received by the Village of Port Chester until Monday, July 27, 2026 at 3:00 p.m. local time at the Office of the Village Clerk, 222 Grace Church Street, Port Chester, New York 10573, at which time and place sealed bids will be publicly opened and read aloud for “Preventative Maintenance and On-Call HVAC Services”

No bids will be received or considered after the date/time stated above.

Plans, Specification and Contract documents may be procured at the Office of the Village Clerk, 222 Grace Church Street, Port Chester, New York beginning on Monday, July 13, 2026 and available on the Village’s web-page www.portchesterny.gov/Bids.aspx or in person at the office during regular business hours.

All bids must be submitted by USB flash drive and a single, original hard copy both contained in a sealed envelope clearly marked: BID No. 2026-11 - Preventative Maintenance and On-Call HVAC Services E-mail is not an acceptable format or method of transference Bids that do not comply with the above submission requirements will not be considered.

The Board of Trustees of the Village of Port Chester reserves the right to reject all bids and to waive any informalities at its discretion.

/s/STUART RABIN

STUART L. RABIN

Village Manager

Village of Port Chester Dated: July 13, 2026 about:blank about:blank about:blank about:blank about:blank about:blank about:blank about:blank about:blank about:blank about:blank about:blank about:blank about:blank about:blank about:blank about:blank about:blank about:blank about:blank about:blank about:blank about:blank about:blank about:blank about:blank about:blank about:blank about:blank about:blank about:blank

THE VILLAGE OF PORT CHESTER

DEPARTMENT OF PUBLIC WORKS (DPW)

BID No. 2026-11

PREVENTATIVE MAINTENANCE AND ON-CALL HVAC SERVICES

NYS Department of Labor Rate Schedule: (PRC #2026019854)

I. INTRODUCTION

The Village of Port Chester “Village” seeks to retain qualified and licensed heating, ventilation and air conditioning (HVAC) vendors to provide both preventative maintenance and on-call repair or replacement services of the HVAC equipment various village buildings. The services sought herein do not include services that the village would consider a capital project and would require a separate solicitation.

This Request for Bids (“Bid”) describes general information, the required scope of services, minimum qualifications, submission requirements and the selection process.

II. SCOPE OF SERVICES

A. LOCATIONS:

The village has several air conditioning units and heating/cooling equipment at the following locations:

l. Village Hall/Senior Community Center 222 Grace Church/220 Grace Church

Air Conditioning Units/Heat Pumps: 31 Split System Unit (Mitsubishi): 2 and (Liebert) for the server room 2 Chiller: 1 Water Cooling Tower: 1 (195 tons) Total Equipment: 37

2. Police Department 350 North Main Street

Roof Top Units: 4 Split System Unit (Mitsubishi): 10 Total Equipment: 14

3. Department of Public Works 82 Fox Island Road Central Air Conditioning System: 2 Split System Unit: 1 Total Equipment: 3

4. Fire Headquarters 209 Westchester Avenue Split Units: 2 Total Equipment: 2

5. South End Fire House 51-53 Grace Church Street Rooftop Units: 4 Total Equipment: 4

6. Washington Engine and Hose (Station #4) 464 Westchester Avenue Split System Unit: 1 Total Equipment: 1

7. Brooksville Fire House 491 Willet Avenue Split System Unit: 2 Total Equipment: 2

B. DUTIES AND RESPONSIBILITIES:

l. General

Contractor shall:

furnish all labor and parts/components deemed necessary to inspect, troubleshoot, repair and maintain HVAC systems and equipment, including cooling tower, in proper operating condition.

Clean, test, lubricate and maintain that all interior/exterior components, including but limited to, thermostats, fan motors, electrical wiring, and safety controls, etc. are in consistent optimal operation.

Provide detailed instruction, advice and professional guidance on best practices of system/equipment upkeep and use.

Provide detailed reporting on system/equipment performance, concerns and issues with recommended course of action.

Work closely with the village and keep staff apprised of the performance and completion of the services.

Ensure that personnel wear required protective clothing and equipment.

Secure all necessary Village, County, and State permits and/ or licenses for equipment and personnel.

Adhere to applicable laws, rules and regulations.

Utilize with care village-issued access devices such as keys, fobs, cards, etc. necessary to access village properties. If a contractor loses such a device, contractor shall assume the current replacement cost of the device and the ancillary costs of programming and time.

Maintain a 24/7 emergency contact and telephone number, with sufficient staff to respond to a call.

Maintain all insurances required by the village.

Perform services in a safe, orderly, and professional manner.

Ensure that personnel wear clothing that identifies personnel on the scene as employed by the Contractor.

Personnel performing the services must possess evidence of current licensing.

Properly dispose of all trash and other waste.

2. Preventative Maintenance Program

Contractor shall inspect all HVAC systems/equipment quarterly (Spring, Summer, Fall, and Winter) and perform all service operations to assure proper operating condition.

Equipment components to be serviced (illustrative only):

Oils Compressors Thermostats Solenoid Refrigerants Filters Valves Pumps Motors Fans

Wiring Bearings Controls Gaskets Filter Driers Condensing and Chilled Water Coils Temperature and Pressure Gauges Fuses Circuit Breakers Expansion Valves Belts Shafts Piping Condensate Pumps/Pans/Drains Contactors Controls Amperage Readings

3. On-Call Services

On call from the Department of Public Works General Foreman or his designee, Contractor shall be available with sufficient personnel to timely perform an-site investigation and undertake the necessary work.

4. Work Flow

Contractor must notify the General Foreman or his designee if any repairs or replacement to the system/components needs to be done and to submit an itemized quote with an estimated timeframe for commencement and completion of the work, together with the number of personnel to be assigned. Upon approval of said quote(s), contractor shall be approved to commence work.

C. INVOICING

Contactor shall submit invoices on a no less than monthly basis. Invoices shall indicate (at a minimum):

Purchase Order Number Service Dates Village Property Address Village Department Approval Itemized breakdown of labor costs Itemized breakdown of material or supply costs and quantities

D. Minimum Qualifications Proposers shall be duly licensed and possess a minimum of seven (7) years of experience maintaining and repairing commercial HVAC systems and equipment comparable to those identified in this Bid. The bidder shall be a factory-authorized service provider for Daikin, Trane, and Mitsubishi equipment. Evidence of current factory authorization for each manufacturer shall be submitted with the bid. All personnel assigned to perform services under this contract shall possess all licenses and certifications required by applicable federal, state, and local law.

III. PROCUREMENT SCHEDULE

The anticipated procurement schedule is as follows:

Milestone Date Public Notice July 13, 2026 Mandatory Pre-Bid Conference Thursday, July 16, 2026, at 11:30 a.m.

Deadline for Questions Monday, July 20, 2026 Final Addendum (if required) Thursday, July 23, 2026

Bid Opening Monday, July 27, 2026, at 3:00 PM local time

IV. INQUIRIES

All questions concerning the Bidding Documents shall be submitted in writing by e‑mail no later than Monday, July 20, 2026. Responses to timely submitted questions will be issued by written addendum, if appropriate, and distributed to all known plan holders and posted on the Village’s website. Bidders shall not rely upon oral interpretations or representations; only written addenda issued by the Village shall be binding.

Inquiries shall be directed in writing via e-mail to:

Rosalind Cimino Director and Information Security Officer Department of Central & Information Services E: RCimino@PortChesterNY.gov

V. CONTENTS OF BID

Bidders must provide:

1. Service rates on the “BID PROPOSAL FORM” and include price listing of typical parts and materials

2. Evidence of current factory authorization from Daikin, Trane, and Mitsubishi demonstrating that the bidder is authorized to inspect, maintain, diagnose, and repair equipment manufactured by those manufacturers.

2. Non-collusive bid certification

3. Iran Divestment Act certification mailto:RCimino@portchesterny.gov

4. Certificate of Registration to be submitted with bid (see below)

NEW REQUIREMENT FOR PUBLIC WORK CONTRACTOR AND

SUBCONTRACTOR REGISTRY.

Starting December 30, 2024, all contractors and subcontractors submitting bids or performing construction work on public work projects or private projects covered by Article 8 of the Labor Law are required to register with the New York State Department of Labor (NYSDOL) pursuant to Labor Law Section 220-i. https://link.zixcentral.com/u/2403ff63/vNRwmSq37xGiz- 6r5F7kRg?u=https%3A%2F%2Fdol.ny.gov%2Fcontractor-and-subcontractor-landing .

Contractors need to register before submitting any new bids or commencing new work on a covered project on or after December 30, 2024. Subcontractors need to register before commencing new work on a covered project on or after December 30, 2024. NYSDOL encourages all contractors and subcontractors to register as soon as possible to obtain a Certificate of Registration to avoid negatively impacting a bidding period or project schedule.

5. a letter on official letterhead from an individual with authority to bind the bidder to a contract with the following information:

A. Contact Information:

Provide the name, address, telephone and fax number, and e-mail address of the proposer.

B. Bidder Profile:

Provide a brief history, including years in business, office location (s), form of business entity, general qualifications and experience, notable initiatives and accomplishments and a statement differentiating the vendor from the competition. A minimum of seven years of comparable experience with HVAC systems and equipment is required. In addition, provide a record of past performance on three projects of similar scope, size and/or budget complete with references that may be contacted. Describe the business organization of the bidder, the year it was established, location of all office(s), number of employees, etc.

C. Key Personnel Identify those individuals who would be the primary contact with the Village and those personnel who would be assigned to provide the services. Include each individual's position, years of HVAC experience, applicable licenses and certifications, and identify those personnel who are factory-authorized to service Daikin, Trane, and Mitsubishi equipment.

D. 24/7 Contact Identify the individual(s) with contact information that is available on a 24/7 basis.

E. References:

Provide three (3) professional references from former or current municipal clients.

F. Price Lists:

Provide a general price list of parts and materials traditionally replaced in the course of https://link.zixcentral.com/u/2403ff63/vNRwmSq37xGiz-6r5F7kRg?u=https%3A%2F%2Fdol.ny.gov%2Fcontractor-and-subcontractor-landing https://link.zixcentral.com/u/2403ff63/vNRwmSq37xGiz-6r5F7kRg?u=https%3A%2F%2Fdol.ny.gov%2Fcontractor-and-subcontractor-landing normal services and servicing comparable systems and equipment. This information is for information only; the bid will be awarded on the basis of service rates.

G. Conflicts of Interest:

Disclose any conflicts of interest or other ethical considerations related to representation of the Village of Port Chester, its officers and/or employees.

VI. AWARD OF BID

With the recommendation of the Village Manager, the Board of Trustees may award the bid, and authorize the Village Manager to enter into an agreement with the successful Bidder. The Village reserves the right to reject all bids and may re-advertise and to waive any informalities.

The agreement with the successful bidder shall be on the Village’s form, shall incorporate this Request for Bids and the Proposer’s submitted bid and shall contain the following terms and conditions:

TERM

The term of the agreement between the Village and Contractor shall be for a term to commence upon execution and expire on May 31, 2029, with the Village having the sole option to extend the agreement by amendment for up to two (2) one-year extensions. The village reserves the right to terminate an agreement on convenience on thirty (30) days’ notice.

For any bid awarded, the following provisions shall be incorporated by reference in the agreement:

PREVAILING WAGES

The contractor agrees that every mechanic, laborer and worker employed in or about the services contemplated by this contract shall be paid not less than the prevailing rate of wages and provided with not less than the prevailing supplements as provided by Section 220 of the Labor Law of the State of New York: See the attached prevailing wage schedule.

CERTIFIED PAYROLLS

The Contractor shall provide to the Village monthly certification of payrolls verifying payment of prevailing wages subscribed and affirmed as true under penalty of perjury. Such certified payrolls must show the following information for each person employed on a public work project: the employee’s name, address, last 4 digits of social security number, classification(s) in which the worker was employed, hourly wage rate(s) paid, supplements paid or provided, and daily and weekly number of hours worked in each classification.

RESPONSE TIME

Contractor shall provide the village preferred status over all other types of normal service activity.

As such, contractor shall guarantee a twenty-four (24) hour, or less, response time to commence an on-site investigation related to NON-EMERGENCY service calls placed by the Village of Port Chester for repairs and concerns related to the electrical system. Additionally, contractor shall guarantee a thirty minute (30), or less, response time to commence an on-site investigation related to EMERGENCY calls placed by the Village of Port Chester for same.

INDEMNIFICATION/ HOLD HARMLESS

To the fullest extent permitted by law, Contractor/Subcontractor will indemnify and hold harmless the Village, it’s officers, representatives, agents and employees from and against any and all claims, suits, liens, judgments, damages, losses and expenses, including reasonable legal fees and all court costs and liability (including statutory liability) arising in whole or in part and in any manner from injury and/or death of person or damage to or loss of any property resulting from the acts, omissions, breach or default of Contractor/Subcontractor, it’s officers, directors, agents, employees and subcontractors, in connection with the performance of any work by or for Contractor/Subcontractor pursuant to any contract, Purchase Order and/or related Proceed Order.

Contractor/Subcontractor will defend and bear all costs of defending any actions or proceedings brought against the Village, their officers, representatives, agents and employees, arising in any employee of the Contractor/Subcontractor and shall not be limited in any way by an amount or type of damage, compensations, or benefits payable under any applicable workers’ compensation, disability benefits or other similar employees benefit act.

The Contractor/Subcontractor hereby expressly permits the Village to pursue and assert claims against the Contractor/Subcontractor for indemnity, contribution and common law negligence arising out of claims for damages for death and personal injury.

INSURANCE

Prior to commencement of any work under this Contract and until completion and final acceptance of the work, the Contractor/Provider shall, at its sole expense, maintain insurance on its own behalf, and furnish to the Village certificates of insurance as detailed in Schedule A -

COMPLIANCE WITH LAWS

The contractor shall comply with all applicable state, federal and village laws and regulations.

The proposer shall further certify that it has adopted a proprietary sexual harassment policy and that all employees have completed the requisite training for same.

INDEPENDENT CONTRACTOR

Nothing contained in the agreement is intended to, or should be construed, as creating or establishing the relationship of employer/employee between the parties. The contractor shall be an independent contractor with respect to the services to be performed and is free to be engaged by other parties for the services to be provided herein. The contractor shall be responsible for the means, methods and manner in performing such services.

ASSIGNMENT

The contractor shall not assign or transfer the right, title or interest in the contract without the written consent of the Village.

SUBCONTRACTORS

All sub-contractors are subject to the prior written approval of the Village. Notwithstanding, for any such approval, the proposer shall be solely responsible for the performance of the services.

Any such Village approval shall not create or purport to create any obligation of the Village to such subcontractor, or establish any contractual relationship or privacy. Contracts between the proposer and sub-contractor shall include clauses that refer to this section.

DISPUTE RESOLUTION/ GOVERNING LAW

The parties agree that any disputes shall be adjudicated in a court of competent jurisdiction in the State of New York and that the provisions of New York State law shall apply regardless of any choice-of-law rules.

TERMINATION

i. On convenience: The Village shall have the right to terminate the agreement on convenience upon thirty (30) days written notice to the proposer. The Village shall pay the proposer all compensation for services rendered up to the date of termination.

ii. For cause. The Village shall provide five-day written notice to the proposer of its intent to terminate the agreement and an opportunity to cure within that time or be held in default. The Village may withhold payments otherwise due to the proposer for the purpose of set- off until such time as the exact amount of damages due the Village may be determined. Notwithstanding, the rights or remedies provided herein shall not limit the Village, in case of default, from asserting any other right or remedy allowed by law or in equity.

BID PROPOSAL FORM

PREVENTATIVE MAINTENANCE AND ON-CALL HVAC SERVICES

VILLAGE OF PORT CHESTER, NEW YORK

BID NO. 2026-11

To: Village of Port Chester 222 Grace Church Street Port Chester, New York 10573

A. Quarterly Preventative Maintenance

Provide one fixed annual lump sum price for the preventative maintenance program described in this Bid, including all labor, equipment, supervision, travel, and incidental costs necessary to perform the required quarterly (4) preventative maintenance inspections per year at all Village facilities identified in the Scope of Services.

Description Annual Lump Sum Preventative Maintenance Program $______________

B. On-Call Service Rates

Bidder Service Rates:

DAY OF THE WEEK HOURS OF OPERATION BILLING RATE PER HOUR ($)

Monday – Friday 8:00 AM – 5:00 PM $ Monday – Friday After 5:00 PM and Before 8:00 AM $

Saturday All Day $ Sunday All Day $

Miscellaneous/ Additional $

C. Percentage Over Cost Markup

ITEM BID

Percentage markup over actual documented material cost _____%

D. Parts and Materials: Attached Price Listing (For Informational Purposes)

Bid Submitted by:

(Name of Bidder)

(Street)

(City, State Zip code)

(Telephone No.)

(Email)

(Federal I.D. Number)

(Name of Authorized Representative)

(Title)

NON-COLLUSIVE BID CERTIFICATION

Made pursuant to Section 103-d of the General Municipal Law of the State of New York.

By submission of this bid, Bidder and each person signing on behalf of 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 his or her knowledge and belief:

l. 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 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 Bidder and will not knowingly be disclosed by 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.

A bid shall not be considered for award nor shall any award be made where (1) (2) and (3) above, have not been complied with; provided, however, that if in any case Bidder cannot make the foregoing certification, Bidder shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons therefore. Where (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/her designee, determines that such disclosure was not made for the purpose of restricting competition.

Bidder: ____________________________________________________________________ (Legal Name of person, firm or corporation)

By: __________________________________________________________________ (Signature) (Print Name)

(Title) (Dated)

State of New York ) County of Westchester) ss.:

On the ____ day of ______________ in the year 20____ before me, the undersigned, personally appeared ________________________________, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument.

(Notary Public)

CERTIFICATION OF COMPLIANCE WITH THE IRAN DIVESTMENT ACT

As a result of the Iran Divestment Act of 2012 (the “Act”), Chapter 1 of the 2012 Laws of New York, a new provision has been added to State Finance Law (SFL) § 165-a and New York General Municipal Law § 103-g, both effective April 12, 2012. Under the Act, the Commissioner of the Office of General Services (OGS) will be developing a list of “persons” who are engaged in “investment activities in Iran” (both are defined terms in the law) (the “Prohibited Entities List").

Pursuant to SFL § 165-a(3)(b), the initial list is expected to be issued no later than 120 days after the Act’s effective date at which time it will be posted on the OGS website.

By submitting a proposal in response to this solicitation or by assuming the responsibility of a Contract awarded hereunder, the Consultant, any person signing on behalf of any contractor and any assignee or subcontractor and, in the case of a joint proposal, each party thereto, certifies, under penalty of perjury, that once the Prohibited Entities List is posted on the OGS website, that to the best of its knowledge and belief, that each proposer and any subcontractor or assignee is not identified on the Prohibited Entities List created pursuant to SFL § 165-a(3)(b).

Additionally, the Contractor is advised that once the Prohibited Entities List is posted on the OGS Website, any Contractor seeking to renew or extend a Contract or assume the responsibility of a Contract awarded in response to this solicitation must certify at the time the Contract is renewed, extended or assigned that it is not included on the Prohibited Entities List. During the term of the Contract, should the Village receive information that a Contractor is in violation of the above-referenced certification, the Village will offer the person or entity an opportunity to respond. If the person or entity fails to demonstrate that he/she/it has ceased engagement in the investment which is in violation of the Act within 90 days after the determination of such violation, then the Village shall take such action as may be appropriate including, but not limited to, imposing sanctions, seeking compliance, recovering damages or declaring the Contractor in default.

The Village reserves the right to reject any proposal or request for assignment for the Contractor that appears on the Prohibited Entities List prior to the award of a contract and to pursue a responsibility review with respect to any Contractor that is awarded a contract and subsequently appears on the Prohibited Entities List.

Signature:

Print Name:

Title:

Company Name:

Date:

SCHEDULE A

VILLAGE OF PORT CHESTER

Minimum Insurance Requirements Contractors & Subcontractors

Prior to commencement of any work under this Contract and until completion and final acceptance of the work, the Contractor/Provider shall, at its sole expense, maintain the following insurance on its own behalf, and furnish to the Village certificates of insurance evidencing same and reflecting the effective date of such coverage as follows:

The term “Contractor/Provider” as used in this indemnification agreement shall mean and include Subcontractors of every tier.

1) Commercial General Liability Policy, with limits of no less than $1,000,000 Each Occurrence/$2,000,000 Aggregate limits for Bodily Injury and Property Damage, and shall include coverage for:

A. Premises & Operations B. Products/Completed Operations;

C. Independent Contractors;

D. Personal & Advertising Injury E. Blanket Contractual Liability

F. XCU

G. Village and their assigns, officers, employees, representatives and agents should be named as an “Additional Insured” on the policy using ISO Additional Insured Endorsement CG 20 10 11/85 or an endorsement providing equivalent or broader coverage and shall apply on a primary and non-contributory basis, including any self-insured retentions. The Certificate of Insurance should show this applies to the General Liability coverage on the certificate, and Additional Insured Endorsement shall be attached.

H. To the extent permitted by New York law, the Contractor/Provider waives all rights of subrogation or similar rights against Village, assigns, officers, employees, representatives and agents.

I. General Aggregate shall apply separately to each project (must be on an occurrence form).

J. Cross Liability coverage (Commercial General Liability and Business Automobile Liability policies only).

K. General Liability policy must NOT contain any coverage exclusions or restrictions related to the scope of work being performed as well as injuries to employees, subcontractors, or employees of subcontractors (i.e. labor law).

L. Products/Completed Operations: coverage to remain in force for (2) years following completion of the project.

2) Worker’s Compensation and Employers Liability Policy, covering operations in New York State. Evidence must be provided on a C-105.2. Waiver of Subrogation to be included in favor of the Village.

3) N.Y.S. Disability, covering all employees. Evidence must be provided on a DB 120.1.

4) Comprehensive Automobile Policy, with limits no less than $1,000,000 Bodily Injury and Property Damage liability including coverage for owned, non-owned, and hired private passenger and commercial vehicles.

A. Village and their assigns, officers, employees, representatives and agents should be named as an “Additional Insured” on the policy on a primary, non-contributory basis. The Certificate of Insurance should show this applies to the Automobile Liability coverage on the certificate, and Additional Insured Endorsement shall be attached.

B. To the extent permitted by New York law, the Contractor/Provider waives all rights of subrogation or similar rights against the Village, assigns, officers, employees, representatives and agents.

C. If motor vehicles are used for transporting hazardous materials, the Contractor shall provide pollution liability broadened coverage (ISO endorsement CA 9948) as well as proof of MCS 90.

5) Umbrella Liability, with limits of no less than $5,000,000 Each Occurrence/$5,000,000 Aggregate, including coverage for General Liability, Automobile, and Workers Compensation and Professional Liability (if applicable) & Pollution Liability (if applicable).

Waiver of Subrogation to be included in favor of the Village. Coverage for the additional insured, the Village, shall apply on a primary and non-contributory basis, including any self- insured retentions.

6) Property Insurance, the Contractor shall cover materials being installed onsite, in transit, and/or at any other location.

7) Professional Liability (if applicable), with limits no less than $2,000,000. Per Claim / $2,000,000

Aggregate. If a retroactive date is used, it must pre-date the inception of the contract.

Village to be included as an additional insured on a primary, non-contributory basis and a waiver of subrogation needs to be included in favor of the Village. Coverage shall remain in effect for two years following the completion of work. If the architect or engineer is providing or managing environmental services, the errors & omissions policy must be endorsement to include coverage for these services.

8) Contractors Pollution Liability (if applicable), with limits of no less than $2,000,000 Per Claim /

$2,000,000 Aggregate. Contractor shall maintain and cause its Subcontractors doing such work to maintain Contractors Pollution Liability Insurance including coverage for third-party liability claims covering any environmental claims, liabilities, loss or damage, including property damage, bodily injury, disease, transporter liability and properties contaminated during transportation caused by pollution conditions that arise from the operations of the Contractor and its Subcontractors of every tier. Such insurance shall provide coverage for actual, alleged or threatened emission, discharge, dispersal, seepage, release or escape of pollutants

(including asbestos), including any loss, cost or expense incurred as a result of any cleanup of pollutants (including asbestos), or in the investigation, settlement or defense of any claim, action, or proceedings arising from the operations under the Contract. Such insurance shall be in the Contractor’s name and name the Village as an additional insured on a primary, non-contributory basis including a Waiver of Subrogation in favor of the Village.

Additional Insured coverage shall be at least as broad as provided to the Contractor for this Project. If such insurance is written on a claims-made policy, such policy shall have a retroactive date on or before the effective date of this Contract, and continuous coverage shall be maintained, or an extended discovery period exercised, for a period of not less than three

(3) years from the time the Work under this Contract is completed.

9) Bid, Performance and Labor & Material Bonds, if required in the specifications, these bonds shall be provided by a New York State admitted Surety Company, in good standing.

10) Owners & Contractors Protective Liability: $2,000,000 Per Occurrence / $2,000,000 Aggregate with the Village as the named insured, and maintained during the life of this contract which will protect the Village from claims for damages for personal injury, liability, accidental or wrongful death, as well as property damage which may arise from operations under this contract whether such operations be by himself or by any subcontractor or by anyone directly or indirectly employed by either party.

11) Certificates shall provide that thirty (30) days written notice prior to cancellation or expiration be given to the Village. Policies that lapse and/or expire during term of work shall be recertified and received by the Village no less than thirty (30) days prior to expiration or cancellation.

The Contractor/Provider shall furnish to the Village Certificates of Insurance as evidence of coverage prior to commencement of work and naming the Village as an Additional Insured by endorsement. The Contractor/Provider acknowledges that failure to obtain such insurance on behalf of the Village Constitutes a material breach of contract and subjects it to liability for damages, indemnification and all other legal remedies available to the Village. The failure of the Village to object to the contents of the certificate or absence of same shall not be deemed a waiver of any and all rights held by the Village.

The cost of furnishing the above insurance shall be borne by the Contractor/Provider, there will be no direct payment for this work. Cost will be deemed to have been included in the price bid for all scheduled items.

All carriers listed in the certificates of insurance shall be A.M. Best Rated A VII or better and be licensed in the State of New York.