Bid Notice.pdf

REQUEST FOR BIDS

FOR

Street Resurfacing Program

Bid No: 09-2026

BID DATE: August 27, 2026

VILLAGE OF CROTON-ON-HUDSON

1 VAN WYCK STREET

CROTON-ON-HUDSON, NEW YORK 10520

TABLE OF CONTENTS

INVITATION TO BID

INSTRUCTIONS TO BIDDERS

GENERAL SPECIFICATIONS

STATEMENT OF BIDDER’S QUALIFICATIONS

BID BOND

CERTIFICATE OF SURETY

LABOR AND MATERIAL PAYMENT BOND

CONTRACTOR’S DECLARATION

SCHEDULE A, INSURANCE REQUIREMENTS

CERTIFICATE OF INSURANCE

NON-COLLUSIVE BIDDING CERTIFICATION

CORPORATE NON-COLLUSIVE RESOLUTION

CERTIFICATION PURSUANT TO NYS GENERAL MUNICIPAL LAW § 103-g

CORPORATE RESOLUTION

CERTIFICATION WITH NYS LABOR LAW § 220-i

AGREEMENT

BID SHEETS

TECHNICAL SPECIFICATIONS

PREVAILING WAGE RATES

VILLAGE OF CROTON-ON-HUDSON, NEW YORK

INVITATION TO BID

NOTICE IS HEREBY GIVEN that the Village of Croton-on-Hudson, NY, is accepting sealed bids for the Street Resurfacing Program – Bid No. 09-2026. Bids will be accepted in the Office of the Village Manager, Room 24, Municipal Building, 1 Van Wyck Street, Croton-on-Hudson, NY, until 10:00 AM prevailing time on August 27, 2026 at which time and place they will be publicly opened and read aloud. No bids will be accepted after said time and date.

All bids received after the deadline date and time stated above will not be considered and will be returned to the bidder unopened. The bidder assumes the risk of any delay in the mail or in the handling of the mail by employees in the Village of Croton-on-Hudson. Whether sent by mail or by means of personal delivery, the bidder assumes all responsibility for having the Bid deposited on time at the place specified.

Please be aware of the following requirements, which are set forth in further detail in this document:

• Bidders must print, bind, and submit the entire bid specification document. The Village of Croton-on-Hudson reserves the right to reject any bids not submitted as specified.

• Bids must be accompanied by a certified check or bid bond in an amount equal to five percent (5%) of the total amount of the bid.

• A Non-Collusive Bidding Certification must be attached to the bid.

The Village of Croton-on-Hudson will only award the Contract to the lowest responsive, responsible bidder whose Bid complies with the Contract Documents. The Village reserves the right to waive any informalities, reject any Bid that does not comply with the biding specifications or where the bidder is found to not be responsible. The Village is not obligated to accept any Bid and may reject all Bids if it is in the best interests of the Village.

OBTAINING DOCUMENTS:

The Village of Croton-on-Hudson has partnered with BidNet as part of the Empire State Purchasing Group and will post our bid opportunities to this site. As a vendor, you can register with Empire State Purchasing Group and be sure that you see all the Village’s available bids and opportunities. Detailed specifications for said bids may be obtained through the Empire State Purchasing Group at the following link:

https://www.crotononhudson-ny.gov/home/pages/bids-rfps-rfqs-and-addenda

Ms. Pauline DiSanto Village Clerk

Dated: August 6, 2026 Bid No. 09-2026

INSTRUCTIONS TO BIDDERS

1. Overview and Scope

1.1. The Village of Croton-on-Hudson (the “Village”) wishes to resurface various roadways located within the

Village limits.

1.2. All Bids as defined herein shall conform to the Specifications and requirements of this Bid package.

Failure to follow all instructions contained herein will cause the Bid to be considered “non-responsive” and, therefore, the Bid may be unacceptable. All parts not specifically mentioned herein, but that are necessary to provide resurfacing services, shall be furnished and shall conform to the quality expected by the Village.

1.3. The scope of this work is on the street segments listed below following the listing. Work includes milling and resurfacing of the roadways. On each of the segments listed, the Contractor shall:

o Maintain two-way vehicular traffic at all times during this work, unless otherwise pre- approved by the Engineer.

o Mill asphalt to a depth of approximately 2”. Milling depths may be adjusted by the Engineer based on field conditions discovered during construction.

o Provide street sweeping during milling work to keep dust and debris at a minimum.

o Provide temporary asphalt around existing utility structures (including valve boxes, manholes, etc.), driveways and intersections after milling.

o After milling, make repairs to areas of deteriorated pavement base, as directed by the Engineer.

o Place approximately 2” of asphalt top course as directed by the Engineer

2026 Resurfacing Program:

Roadway From To Length (ft.) Avg. Width (ft.) Area (sy) Radnor Avenue Cleveland Drive Ridge Road 2000 26 5777.78

Darby Avenue Olcott Avenue Dead End 680 26 1964.44

Batten Road #44 Batten Road Village Limit 1140 21 2660.00

Penfield Avenue Oneida Avenue Dead End 450 22 1100.00

Kuney Street Cleveland Drive Dead End 255 25 708.33

Hastings Avenue Benedict Blvd. Oneida Avenue 670 24 1786.67

Elliot Way Yacht Club Croton Landing 800 25 2222.22

Ridge Road Bungalow Road Dead End 900 22 2200.00

Melrose Avenue Cleveland Drive Dead End 1060 24 2826.67

Irving Avenue Cleveland Drive Dead End 1065 24 2840.00

Emerson Avenue Cleveland Drive Dead End 1003 24 2674.67

Thompson Avenue Cleveland Drive Dead End 1065 24 2840.00

Elmore Avenue Cleveland Drive Dead End 1671 24 4456.00 Total Length: 12,759 Total Area: 34056.78

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VILLAGE OF CROTON-ON-HUDSON

ROADWAYS TO BE RESURFACED

2. Definitions

2.1. The following terms, as used throughout the Contract Documents, shall have the meanings described herein:

2.1.1. "Addendum" shall mean any written interpretation, clarification, amendment or addition issued by the Project Manager, to the Plans or Specifications.

2.1.2. "Agreement" or “Contract” shall mean the contract covering the performance of the work and the furnishing of materials required therefor as evidenced by the Contract Documents.

2.1.3. "A.S.T.M." shall mean the American Society for Testing Materials.

2.1.4. "Bidder" shall mean any individual, partnership, firm, or corporation submitting a proposal for the work contemplated.

2.1.5. “Bid Opening” shall mean the time specified in the Invitation to Bid when the bids submitted in response to said Invitation will be publicly opened and read aloud.

2.1.6. "Contractor" shall mean the person or persons, partnership, or corporation contracting to perform the work to be done under the Contract Documents, or the legal representative of such party or parties.

2.1.7. The contract documents shall be made up of the Agreement executed by the Village and the successful bidder, the successful bidder’s Bid, the General Instructions to Bidders, the General and Technical Specifications, and Plans, including all modifications thereof incorporated into these documents via Addenda (the “Contract Documents”).

2.1.8. “Day” shall mean calendar day, including holidays, unless otherwise specified.

2.1.9. "Governing Body" shall mean the Mayor and the Board of Trustees of the Village of Croton-on- Hudson, New York.

2.1.10. "Municipality" and/or "Village or Owner" shall mean the Village of Croton-on-Hudson, New York.

2.1.11. “Notice to Proceed” shall mean the written notification transmitted by the Village to the successful bidder following execution of the Agreement and provision of all required bond and insurance documents indicating that Work shall commence.

2.1.12. "Plans" or "Drawings" shall mean the drawings or reproductions of drawings pertaining to the work to be performed or to any structure connected therewith.

2.1.13. "Project" shall mean the entire work to be executed under the Contract.

2.1.14. "Project Manager" shall mean a representative of the Village of Croton-on-Hudson, NY duly-authorized to represent said municipality in the execution of the work covered by the Contract Documents.

2.1.15. "Proposal" and/or "Bid" shall mean the proposal submitted by the Bidder.

2.1.16. “Specifications" shall mean the description, directions, provisions and requirements contained in the Contract Documents, together with all written agreements made or to be made pertaining to the method and manner for performing the work or to the quantities and qualities of materials to be furnished under the Contract.

2.1.17. "Surety" shall mean the corporate body which is surety on the Contractor's Labor and Material Payment Bond and Performance Bond.

2.1.18. The terms "approved," "acceptable," "satisfactory," or words of like import shall mean approved by, or acceptable to, or satisfactory to, the Project Manager.

2.1.19. “Village Attorney" shall mean the Village Attorney of the Village of Croton-on-Hudson, New York.

3. Bid Submission Requirements

3.1. Each bidder must submit a sealed, written Bid package (the “Bid”) consisting of one (1) original (labeled “Original”) and one (1) copy (labeled “Copy”) of the following documents, filled-in and executed:

3.1.1. Statement of Bidder’s Qualifications

3.1.2. Bid Security

3.1.3. Certificate of Surety

3.1.4. Contractor’s Declaration

3.1.5. Certificate of Insurance

3.1.6. Non-Collusive Bidding Certification

3.1.7. Certification Pursuant to New York State General Municipal Law § 103-g

3.1.8. Certification with NYS Labor Law § 220-i

3.1.9. Certificate of Experience (supplied on Company Letterhead)

3.1.10. Certificate of Equipment (supplied on Company Letterhead)

3.1.11. Construction Schedule (if requested)

3.2. All necessary forms are included in the Bid specifications, available on BidNet. The bidder is required to use these forms and submit the entire volume intact to the Village Manager. All blank spaces must be filled in as noted, either typed or in ink. Prices must be provided in both words and figures, with amounts extended and totaled where required. In the event of any discrepancy between the written amounts and the figures, the written amounts will govern.

3.3. Bids that contain any omissions, erasures, alterations, or that contain irregularities of any kind may be rejected.

3.4. To ensure that each Bid is handled correctly upon receipt and remains unopened until the Bid opening date, Bids must be enclosed in a sealed envelope, and the envelope must have written on it, the name and address of the bidder and the Project to which it refers. This envelope shall then be placed in an outer envelope which shall be securely sealed and addressed to the Village Clerk, Municipal Building, 1 Van Wyck Street, Croton-on-Hudson, NY 10520. Bidders may submit their proposals by hand or by registered mail, provided that these requirements are properly met, and the proposal is received by the Village Clerk before the time for the opening of proposals. All submissions become the property of the Village of Croton-on-Hudson upon submission.

3.5. All Bids shall be received in the Village Manager’s Office not later than the date and time stipulated in the Notice to Bidders unless the Bid Opening has been postponed.

3.6. All Bids received after the Bid Opening date and time stated in the Notice to Bidders will not be considered and will be returned to the bidder unopened. The bidder assumes the risk of any delay in the mail or in the handling of the mail by employees in the Village. Whether sent by mail or by means of personal delivery, the bidder assumes all responsibility for having the Bid deposited on time at the place specified. Bids will NOT be accepted via facsimile or e-mail.

4. Bid Security

4.1. Each Bid shall be accompanied by a bank check or bid bond (the “Bid Security”) in an amount equal to at least five percent (5%) of the amount of the Bid (the “Contract Amount”), payable without condition to the Village of Croton-on-Hudson. After the Bid Opening, the Bid Securities of all bidders except the three (3) lowest will be returned promptly. The remaining Bid Securities will be returned to the three

(3) lowest bidders promptly after the Village and the accepted Bidder have executed the Contract, or if no Contract has been so executed within 45 days after the date of the Bid Opening, upon demand of the bidder.

4.2. The five percent (5%) Bid Security will be forfeited upon the successful bidder’s failure to sign the

Contract and/or furnish the requisite bonds and proof of insurance, if required, within ten (10) days after the award of the Contract.

4.3. Bidders submitting a bank check as Bid Security shall also submit a Certificate of Surety from a surety bond company that is licensed in the State of New York in the form set forth in the Bid Documents assuring the Village that the surety agrees to provide the performance and payment bonds required by the Bid Documents. Bidders submitting a bid Bond as Bid Security are not required to submit a Certificate of Surety.

5. Obligation of Bidders

5.1. At the time of the Bid Opening, each bidder will be presumed to have inspected the site and to have examined and to be thoroughly familiar with the Contract Documents (including all Addenda thereto).

Each bidder will also be presumed to be familiar with the scope and schedule of other projects concurrently scheduled at the project site. The failure of or omission of any bidder to receive or examine any drawings, form, instruction or document shall in no way relieve any bidder from any obligation with respect to their bid.

5.2. Each bidder shall, by careful examination of the site, satisfy themselves as to the location of the work, the character, the quality and quantity of the work to be performed and materials to be furnished, the character of equipment and facilities needed preliminary to and during performance of the work, the general and local conditions and all other matters which in any way affect the work specified herein.

5.3. After the Contract has been entered into, no consideration will be given for any misunderstanding as to the work and materials set forth herein and shown on any of the accompanying drawings, details or schedules, it being mutually understood that the tender of a Bid carries with it an agreement to this and other obligations set forth in the Contract and specifications, drawings and details, noted indications, and requirements. The bidder shall be solely responsible for incurring any additional costs resulting from underestimating its proposed Contract Amount.

5.4. Each bidder should review the attached State of New York Department of Labor Schedules of the prevailing hourly wage rates, the prevailing hourly supplements, and the requirements for all Contractors and Subcontractors engaged on public work projects in New York State.

5.5. It is the intention of these specifications and accompanying drawings to provide for a complete, key-in-lock job under each particular Contract. The Bid should therefore include all items of labor and materials, including all patching and repair work necessary even though such items may not be specifically noted to complete finished job.

6. Addenda and Interpretation

6.1. All requests for interpretation (“RFI”) of the Contract Documents should be submitted to the Village Manager in writing via email through the BidNet system. Replies will be issued by Addenda. No interpretations of the meaning of the drawings, specifications or other Contract Documents will be made to any bidder orally. The Village will only be bound by responses given by formal written Addenda. Failure of any bidder to receive any such Addendum shall not relieve the bidder from any obligation under his Bid as submitted. All Addenda so issued shall become part of the Contract Documents.

6.2. In order for the Village to respond to all RFIs in a timely manner, RFIs must be received no later than seven (7) business days prior to the date of the Bid Opening. RFIs submitted after this deadline will not be answered.

6.3. Where there is any conflict in provisions set forth in the Contract Documents, the narrow shall control over the general. For example, the General Conditions shall control over the Instructions to Bidders, and the Special Conditions shall control over the General Conditions.

6.4. The Contractor shall not take advantage of any obvious error in the Specifications or any such error in the drawings or other Contract Documents. Any obvious error or discrepancy in or between any of the Contract Documents shall be immediately reported to the Project Manager who shall make such corrections and interpretations as they may deem necessary for the completion of the Work in a satisfactory and acceptable manner.

7. Modification and Withdrawal of Bids

7.1. Withdrawal prior to Bid opening: A bidder may withdraw their Bid up to twenty-four (24) hours before the time fixed for the Bid Opening by communicating their purpose in writing, sent by certified mail and received by the Village prior to the time fixed for opening. Upon receipt of such written notice, the unopened Bid will be returned to the bidder.

7.2. Withdrawal after Bid Opening: Unless otherwise permitted by law, no Bids may be withdrawn unless and until no award has been made within forty-five (45) days from the Village’s receipt thereof.

Withdrawals must be in writing and sent by certified mail. Negligence on the part of the bidder in preparing its Bid confers no right for the withdrawal of the Bid after it has been opened.

8. Award or Rejection of Bids

8.1. The Village will only award the Contract to the lowest responsive, responsible bidder whose Bid complies with the Contract Documents. The Village reserves the right to reject any Bid that does not comply with the bidding specifications or where the bidder is found to not be responsible. The Village is not obligated to accept any Bid and may reject all Bids if it is in the best interests of the Village.

8.2. The Village reserves the right to waive any informalities in a Bid.

8.3. Within ten (10) days of formally opening the Bids, the Village reserves the right to request that the apparent three (3) low bidders furnish the Village with a complete list of proposed sub-contractors and major suppliers. More than one name for each sub-contractor or material supplier may be submitted.

8.4. When two or more bids are equal in all respects, award shall be made by lot which shall be witnessed by at least three persons and which may be attended by the bidders or their representatives.

9. Bidder Qualification Requirements

9.1. Bidders shall be qualified as specified in the Bid Documents. The Village may make such investigations it deems necessary to determine the ability of the bidder to perform the Work. The bidder shall furnish to the Village, within five (5) days of a request, all such information and data for this purpose as may be requested.

9.2. To be considered qualified, bidders must demonstrate, to the Village’s satisfaction:

9.2.1. The corporation, partnership, sole proprietorship, or other business entity in whose name the Bid is submitted has been in business continuously for no less than the previous five (5) years, performing or coordinating the Work which they are bidding on.

9.2.2. The bidder must be skilled and experienced in the class and type of Work contemplated herein, and shall be required to furnish evidence of financial responsibility and of similar work previously performed. Failure to supply such information may be grounds for rejection of the Bid.

9.2.3. The bidder has all requisite licenses and permits to perform the Work contemplated herein, and proof of such licenses and permits shall be submitted as part of the Bid.

9.2.4. The bidder is not currently involved in any bankruptcy proceedings.

10. Disqualification

10.1. The Village reserves the right to refuse to issue Bid Documents to a prospective bidder should such bidder be in default for any of the following reasons:

10.1.1. Bidder’s failure to pay, or satisfactorily settle, all bills due for labor and materials on former contracts in force with the Village at the time the Village issues the Bid Documents to a prospective bidder;

10.1.2. Bidder’s default under previous contracts with the Village;

10.1.3. Bidder’s unsatisfactory work on previous contracts with the Village; or

10.1.4. Bidder is on any state debarment list or is otherwise prohibited by law from bidding on or being awarded the Contract or completing the Work.

11. “Or Equal” Bidding / Equivalent Goods

11.1. Manufacturers’ name brands are listed to indicate quality standards and minimum requirements and bidding may be on brands listed (if specified) or equivalent. Bidders shall furnish specifications to support claims of equivalency.

12. Utilization of Minority (MBE) and Women’s (WBE) Business Enterprises

12.1. The Village requires successful bidders to utilize their best efforts to achieve goals for Minority Business

Enterprises (MBE) and Women’s Business Enterprises (WBE) participation on this project.

13. Contract Execution

13.1. After the Village Governing Body votes in favor of awarding the Contract to the bidder, the Village shall transmit a Notice of Award to the bidder providing written confirmation of the award and a request for the bidder to provide the required bonds and insurance as described in Sections 14 and 15 herein. Within ten (10) days after receiving said Notice from the Village, , the bidder awarded the Contract shall execute and deliver to the Village two (2) fully-executed copies of the required written Agreement in the form included in the Contract Documents, together with all required bonds and insurance.

13.2. If the successful bidder executes and delivers the Agreement, as required, and furnishes the required bond(s) and insurance within the time specified, the Bid Security shall be returned to the successful bidder.

13.3. The Village, in its sole discretion, may waive the minimum ten (10) day period between receipt of the Notice of Award and provision of all documents described in Section 13.1 by the successful bidder.

14. Performance Bond and Labor and Material Payment Bond

14.1. Within ten (10) days of receiving a Notice of Award, the successful bidder shall furnish to the Village a faithful Performance Bond and a Labor and Material Payment Bond in an amount equal to one hundred percent (100%) of the Contract Amount on the forms provided in the Contract Documents. Said bonds shall be secured from a surety company that is (a) licensed in the State of New York and (b) rated Double A or better by A.M. Best.

15. Insurance

15.1. The General Specifications require the Contractor to maintain in force during the performance of the Work, policies of Worker's Compensation Insurance, Disability Insurance and Public Liability and Property Damage Insurance covering the operations of the Contractor and the use of all motor vehicles employed by the Contractor. Certificates evidencing the fact that the Contractor has procured the required insurance must be filed with the Municipality prior to the time of execution of the Agreement.

Bidders shall examine Schedule A, “Minimum Insurance Requirements for Village of Croton-on- Hudson”, for details of the Village’s insurance requirements.

16. Warranty

16.1. The Contractor shall guarantee all materials and workmanship for one (1) year in accordance with all conditions set forth in these Specifications. The guarantee shall be provided in the form of a Maintenance Bond in the amount equal to one hundred percent (100%) of the contract. The bond shall be prepared as specified herein and shall be posted prior to the time of final payment. Said bond shall be secured from a surety company that is (a) licensed in the State of New York and (b) rated Double A or better by A.M. Best.

17. Notice

17.1. All notices to the Village shall be addressed as follows, and shall be deemed given when received by the Village Clerk’s Office:

Village Clerk’s Office Village of Croton-on-Hudson 1 Van Wyck Street Croton-on-Hudson, New York 10520

Acceptable delivery methods shall be: certified mail, return receipt requested; overnight delivery service;

or facsimile where proof of successful transmission is received and mailed with the original notice to the Village Clerk’s Office.

GENERAL SPECIFICATIONS

1. Payment Terms

1.1. The unit or lump sum prices quoted in the Bid shall include the cost of all labor, equipment, materials, and other incidentals necessary for the successful completion of the Work.

1.2. The Village will make monthly progress payments once every thirty (30) day cycle to the Contractor for work satisfactorily performed.

1.3. The Village shall retain from the Contractor, as retainage, five (5) percent of each progress payment. The Contractor shall not hold any retainage from any subcontractor.

1.4. Each monthly progress payment shall fall due on the last day of the month. In order to allow the Village to process each payment properly, at least thirty (30) days before each monthly payment falls due (but not more than once a month), the Contractor shall submit to the Village a request for payment and the following information: weekly certified payroll statements for the Contractor and any subcontractors;

required material certifications; updated shop drawings and project schedules; and updated as-built drawings.

1.5. The Project Manager shall review each request for payment and supporting documentation within ten

(10) days of the Village’s receipt thereof, and either recommend payment by the Village, or return the materials to the Contractor with an indication in writing of the Project Manager’s reasons for refusing to recommend payment. In the latter case, the Contractor may make the necessary corrections and resubmit the request for payment. The Village shall, within thirty (30) days of presentation to it of the request for payment and with the Project Manager’s recommendation, pay the Contractor the amount recommended.

1.6. The amount of a progress payment due to the Contractor shall be determined by adding to the total value of the work completed to date, the value of materials property stored on the site and deducting the five

(5) percent retainage. The total value of the work completed to date shall be based on the in-field measurements and estimated quantities of work completed and on the unit prices contained in the Contract Documents. The value of materials properly stored on the site shall be based on the estimated quantities of such materials and the invoice prices as evidenced by a supplier’s receipted invoice. Copies of all invoices shall be available for inspection by the Project Manager.

1.7. All material and completed Work covered by such monthly progress payments shall remain the property of the Contractor who shall be responsible for the care and protection of all materials and work upon which payments have been made. Such payments shall not constitute a waiver of the right of the Village to require the fulfillment of all terms of the Agreement and the delivery of all improvements embraced in this Agreement.

1.8. Unless otherwise specified in a particular contract pay item, no payment will be made for any item of Work until it is completed in accordance with the Specifications.

2. Acceptance

2.1. When, in the opinion of the Project Manager, the Contractor has fully performed the Work under the Agreement, the Project Manager shall recommend to the Village the acceptance of the Work so completed. If the Village accepts the Project Manager’s recommendation, the Project Manager shall notify the Contractor in writing. Prior to the final acceptance of the Work by the Village, the Work shall be inspected, accepted, and approved by the Project Manager and any Village department(s) or officer(s) who will have jurisdiction over the Work after final acceptance.

3. Final Inspection and Final Payment

3.1. Upon written notice from Contractor that the Work is complete, the Project Manager will make a final inspection with the Contractor present. Any Village department(s) or officer(s) who will have jurisdiction over the Work after final inspection shall also participate in the inspection. Thereafter, the Project Manager will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to remedy such deficiencies and then request re-inspection. No payment will be made for non-conforming Work.

3.2. After Contractor has completed all such corrections to the satisfaction of the Project Manager and delivered all required technical and financial documentation as required by the Contract Documents, the Project Manager may, after re-inspection, make a recommendation to the Village that the Work is acceptable. Thereafter, the Contractor may submit its final request for payment in accordance with the procedures for progress payments set forth in Section 1 herein. The Contractor shall provide the Project Manager and/or the Village with any additional data or information that they may reasonably request in order to process the final payment request.

3.3. Upon final completion and acceptance of the Work in accordance with the Contract Documents, the Village shall pay the remainder of the Contract Price (as that term is defined in the Agreement) minus five (5) percent retainage, in accordance with the Project Manager’s recommendations.

3.4. The Village shall retain, for a period of one (1) year from the date of final acceptance of the Work, an amount equal to five (5) percent of the Contract Amount. At the end of the one (1) year period, the Village shall pay the five (5) percent retainage to the Contractor, provided that the Contractor has met all of its obligations to the satisfaction of the Village and the Project Manager.

4. Time of Commencement and Completion

4.1. The Contractor shall promptly commence Work after the full execution of this Agreement, upon the written directions of the Village in its Notice to Proceed.

4.2. The term for this contract is one (1) year from the signing of the fully executed agreement, with an option to extend the contract for one (1) additional year if agreed upon by both parties.

4.3. The Contractor shall employ and supply a sufficient force of workers, materials, and equipment and shall progress the Work with such diligence so as to ensure completion of the Work prior to the Completion Date.

4.4. Failure by the Contractor to complete all Work by the Completion Date will result in the Village assessing liquidated damages for each calendar day from the Completion Date to the final date of completion of the Work, in accordance with Section 5.

5. Liquidated Damages

5.1. For each calendar day, or any portion thereof, that any work remains uncompleted after the Completion Date specified in Section 4, liquidated damages in an amount specified in the Agreement from the Completion Date to the final date of completion of the Work will be assessed against the Contractor.

When specified in the Contract Documents, liquidated damages may also be assessed for each calendar day, or any portion thereof, for failure to complete certain portions of work or failure to comply with requirements shown in the Contract Documents.

6. Changes in the Work

6.1. Without invalidating the Agreement, the Village may, at any time or from time to time, order additions, deletions, or revisions to the Work required to be performed by the Contractor under the Agreement.

These changes will be authorized by written Change Orders. The Contractor agrees to perform any of the aforementioned changed Work, along with all other required Work found under the Agreement, without delay and in accordance with good construction practices. Additional work performed by Contractor without authorization of a Change Order will not entitle Contractor to an increase in the Contract Price or an extension of the Contract Term.

6.2. Except for the purpose of affording protection against any emergency endangering life or property, the Contractor shall make no change in the materials used or in the specified manner of construction and/or installing the improvements or supply additional labor, services or materials beyond that actually required for the execution of the Contract except upon written order from the Owner, authorizing the Contractor to proceed with the change. In the event that a change is required in order to protect against an emergency, the Contractor shall provide immediate notification to the Project Manager of such change.

6.3. Changes authorized in writing by the Village may be made without relieving or releasing the Contractor from any of his obligations under the Agreement provisions, and without affecting the validity of the guaranty bonds and without relieving or releasing the surety or sureties of said bonds. All such work shall be executed under the terms of the original Agreement unless it is provided otherwise.

6.4. No claim for an adjustment of the price stated in the Agreement will be valid unless so ordered. All adjustments to the payment provisions under the Agreement will be made in accordance with the following paragraphs.

6.5. If applicable unit prices are contained in the Agreement (established as a result of either a Unit Price Bid or a Supplemental Schedule of Unit Prices), the Owner may order the Contractor to proceed with desired changes in the work, and the value of such changes to be determined by the measured quantities involved at the applicable prices specified in the Contract.

6.6. If the applicable unit prices are not contained in the Agreement, the Village shall request from the Contractor, before ordering the Contractor to proceed with the desired changes, an itemized proposal covering the work involved in the change, after which the procedure shall be as follows:

6.6.1. If the proposal is acceptable, the Village will prepare the Change Order in accordance therewith for acceptance by the Contractor; or

6.6.2. If the proposal is not acceptable, and prompt agreement cannot be reached, the Village may order the Contractor to proceed with the work on a cost-plus basis. A cost-plus basis is defined as the net cost to the Contractor of the work plus an allowance to cover overhead and profit as stipulated below:

6.6.2.1. Net Cost of the work is defined as:

Gross cost of labor, plus

Net cost of Materials, plus

Gross cost of equipment.

6.6.2.2. Gross Cost of labor is defined as net cost of labor plus fringe benefits.

6.6.2.3. Net Cost of labor is defined as the cost of required labor based on prevailing rates established by the NY State Labor Department and stated in the Contract Documents. No part of any salary for any employee above the grade of foreman, and having general supervision of the work, will be included in this item.

6.6.2.4. Fringe benefits are defined as all insurances, taxes and other benefits for the employee required by law or by Union Contract. In lieu of an item-by-item tabulation of the actual value of such fringe benefits, all fringe benefits are hereby determined to total an amount of twenty-four (24%) percent of the net cost of labor, and the Contractor, in submitting his bid, agrees that this percentage shall be used regardless of whether actual fringe benefits are more or less than this amount.

6.6.2.5. Net Cost of materials shall be defined as the cost of all materials incorporated in the work including delivery charges, less any allowable cash discounts, as shown by receipted bills.

6.6.2.6. Gross Cost of equipment is defined as the net cost of equipment plus an allowance of ten (10) percent for fuel and lubricants.

6.7. Each Change Order shall include in its final form:

6.7.1. A detailed description of the change in the work.

6.7.2. The Contractor's proposal (if any) or a confirmed copy thereof.

6.7.3. A definite statement as to the resulting change in the price stated in the Agreement and/or time.

6.8. Change Orders shall be in writing. If a Contractor claims that a Change Order was given to him orally, their claim shall be invalid unless such oral change order was given by the Project Manager and confirmed in writing within twenty-four (24) hours after the giving of the alleged Change Order.

6.9. When Change Orders or claims involve a subcontractor, no surcharge will be allowed the Contractor for handling, processing, supervision or coordination.

7. Change to the Contract Price

7.1. The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to the Contractor for performing the Work. All duties, responsibilities, and obligations assigned to or undertaken by the Contractor shall be at their expense without change in the Contract Price.

7.2. The Contract Price may only be changed by a Change Order. Any claim for an increase in the Contract Price shall be based on written notice delivered to the Village within one (1) day of the occurrence of the event giving rise to the claim. Notice of the amount of the claim with supporting data shall be delivered within five (5) days of such occurrence.

8. Change to the Contract Term

8.1. The Contract Term may only be changed by a Change Order. Any claim for an extension of the Contract Term shall be based on written notice delivered to the Village within five (5) days of the occurrence of the event giving rise to the claim. Notice of the extent of the claim with supporting data shall be delivered within ten (10) days of such occurrence.

8.2. The Contract Term may be extended by an amount equal to the time lost due to delays beyond the control of the Contractor if a claim is made therefor as provided in the preceding paragraph. Such delays shall include, but not be limited to: acts or neglect by the Village or other parties performing additional work, or to fires, floods, labor disputes, epidemics, pandemics or acts of God. Whether caused by the Village, Contractor, third-party, or intervening event, the Village and the Contractor shall use reasonable efforts to mitigate such delays to the extent practicable. Any extension of the Contract Term does not affect the validity of the Contract or the liability of the sureties. No extension of the Contract Term will be granted where the delay is attributable to a subcontractor, manufacturer, fabricator, supplier, or distributor or any other party performing services or furnishing material or equipment on behalf of the Contractor unless such party’s delay is attributable to one of the above-enumerated causes.

9. Supervision; Assignment

9.1. The Work under this Contract shall be performed by the Contractor and workers under its immediate supervision.

10. The Contractor shall not assign, transfer, convey, sublet, subcontract, or otherwise dispose of the Contract or the right, title or interest therein, or his power to execute such Contract, to any other person, company, corporation, or entity without the express, previous, written consent of the Village, which may be withheld at the Village’s sole discretion.

11. Release of Liens

11.1. The Contractor agrees that if, at any time before or within twenty (20) days after the whole of the Work has been completed and accepted, any person(s) claiming to have performed any labor or furnished any material toward the performance and completion of this Contract files with the Village any such notice as is described in the Lien Law, or any other act of the Legislature of the State of New York, then, and in every case, the Village shall retain, anything herein to the contrary notwithstanding, from the monies under its control and due or to grow due under this Contract, so much of the money as shall be sufficient to pay over, satisfy and discharge the amount of such notice alleged, or claimed to be due, to the person(s) filing such notice, together with the reasonable costs of any action(s) brought or which might be brought to enforce such claim or lien created by the filing of such notice, the monies so retained by the Village until the lien, thereby created by said action and the filing of such notice, shall be discharged.

12. Default and Termination

12.1. The Village may terminate the Contract pursuant to the terms of the Agreement.

12.2. Termination of the Contract shall in no way affect the Village’s right to rely on the Performance Bond.

This paragraph shall survive termination of the Contract.

13. Laws, Rules and Regulations

13.1. All bidders shall abide by all federal, state, and local laws, rules, and regulations, including all applicable provisions concerning health and safety.

14. Non-Discrimination

14.1. The Contractor agrees:

14.1.1. That in the hiring of employees for the performance of work under this contract or any subcontract hereunder, no contractor, subcontractor, nor any person acting on behalf of such contractor or subcontractor, shall by reason of race, creed, color, disability, sex, or national origin discriminate against any citizen of the state of New York who is qualified and available to perform the work to which the employment relates;

14.1.2. That no contractor, subcontractor, nor any person on their behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this contract on account of race, creed, color, disability, sex, or national origin;

14.1.3. That there may be deducted from the amount payable to the contractor by the state or municipality under this contract a penalty of fifty (50) dollars for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the contract;

14.1.4. That this Contract may be cancelled or terminated by the state or municipality, and all moneys due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the Contract; and

14.1.5. The aforesaid provisions of this section covering every contract for or on behalf of the state or a municipality for the manufacture, sale, or distribution of materials, equipment, or supplies shall be limited to operations performed within the territorial limits of the State of New York.

15. Iranian Energy Sector Divestment

15.1. By submitting a Bid, the bidder hereby represents and certifies that it is in compliance with New York State General Municipal Law § 103-g entitled “Iranian Energy Sector Divestment”, in that the bidder has not:

15.1.1. Provided goods or services of $20 million or more in the energy sector of Iran, including a person that provides oil or liquefied natural gas tankers, or products used to construct or maintain pipelines used to transport oil or liquefied natural gas, for the energy sector of Iran;

or

15.1.2. Acted as a financial institution that extends $20 million or more in credit to another person, for forty-five days or more, if that person’s intent was to use the credit to provide goods or services in the energy sector in Iran.

15.2. Any bidder who has undertaken any of the above and is identified on a list created pursuant to Section

165-a(3)(b) of the New York State Finance Law as a person engaging in investment activities in Iran, shall not be deemed a responsible bidder pursuant to Section 103 of the New York State General Municipal Law.

15.3. Except as otherwise specifically provided herein, every bidder submitting a Bid in response to this

Request for Bids must certify and affirm the following under penalties of perjury:

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 its knowledge and belief that each bidder is not on the list created pursuant to paragraph (b) of subdivision 3 of Section 165-a of the New York State Finance Law.

15.4. Except as otherwise specifically provided herein, any Bid that is submitted without having complied with section 15.3 above shall not be considered for award. In any case where the bidder cannot make the certification, the bidder shall so state and furnish with the Bid a signed statement setting forth in detail the reasons therefor. The Village reserves its rights, in accordance with General Municipal Law § 103-g to award the Bid to any bidder who cannot make the certification, on a case-by-case basis, under the following conditions:

15.4.1. The investment activities in Iran were made before April 12, 2012; the investment activities in

Iran have not been expanded or renewed after April 12, 2012; and the bidder has adopted, publicized, and is implementing a formal plan to cease the investment activities in Iran and to refrain from engaging in any new investments in Iran; or

15.4.2. The Village makes a determination that the goods or services are necessary for the Village to perform its functions and that, absent such an exemption, the Village would be unable to obtain the goods…